Nepal Officers

Exclusion through Inclusion in Nepal

2012-01-04T07:36:00.000+05:30

Is Nepal Practicing Faulty Inclusion Laws?

Krishna Hari Pushkar

The Government of Nepal is practicing faulty inclusion laws that have put people strategically more excluded in the name of inclusion. There are serious controversies on some of the questions over the inclusion issue, it remained unanswered till now, besides repeated pressure from the targeted group who seek inclusion due procedure of law.

It is opprobrious to illustrate that the government doesn't seem properly clear what the justification behind the inclusion are, who are the targeted people and what are the identities and its indicators that need to be considered while processing through the system of inclusion. Why and what will be the ratio of inclusion and its bases, how and where they should be included, and what are the preconditions of inclusion etc seem uncertain except few communities in inclusion process of Nepal. Everything is going erodes, rough and random, the chaotic situation has started to bring terrible consequences on the socio-ethnic harmony of Nepal but respective authorities seem careless, blind and deaf. Unbelievable!

Some of the people have already approached with various members and authorities of legislation, executive and judiciary to settle down the issue but still the case is remained unheard and snubbed.

So, it is panic to understand why state is offering such prejudiced inclusion policy to enhance more "exclusion in the name of inclusion". It is beyond the understanding that why the state is being involved in such power game that have freaking test.

The state should more clear that it should not repeat such wrongdoings and same exclusion process that were attempted in the past. State must realize that Maoist insurgency, madhesi mass movement, indigenous movement, women movement, tharu movement, various rights movement, ongoing regional insurgency etc have considered "Inclusion" as a major agenda but just after few years of partial peace process, our state again seems forgotten the main reasons that they fought and even now fighting in various regions of Nepal. State must be conflict sensitive, and should review the situation immediately that how and where it is going wrong in their promises, if they do not want to see recurrence of the same age as it was in the past.

A case of Madhesi people's inclusion in public services, there is no legal definition has produced by state yet besides there is clear antediluvian definition and well known list of madhesi casts and communities. Surprisingly, it is clear in similar case and situation of indigenous (Aadibasi and Janjati). The million dollar question raised that why state has listed the cast and communities of indigenous (Aadibasi Janjati) and why not for Madhesi? Honestly writing, there is clear-cut demarcation, any member of non-madhesi can identify the pure madhesi people in a second except few cases, but when madhesi seek legal definition, state say dramatically, it is full of confusion, why, what is the intention of state?

People argue that if Madhesh and madhesi have no specific identity than why the government makes several wanted and unwanted agreements to resolve the issues of Madhesh and madhesi saying madhesi and madhesi are integral part of Nepal, fool making! How could the same state and government can refugee to identify the same madhesi people legally when they look forward to process for inclusion, although government body perfectly identify madhesi when state make political agreement to fulfill their vested interests, does not it disappointing?
Nowadays, some of sociopolitical pundits, human parrots and self-established ancient elites explain that madhesi are those who live in Madhesh that means apx 55% populations of Nepal are madhesi because Madhesh is their home. Let's assume for a while they are right, but let me ask the question to the dullard, than why they have allotted only 22% quota for inclusion in civil service? Why not 55% quota? If they define madhesi is all those people who live in Madhesh.

The mentally corrupt people have allotted 22% only counting just the population of particular cast and communities of Madhesh and madhesi but they file their application shamelessly even they are beyond the member of 22%, so does not it an immense cheating? Allotting quota only for 22% and officially allowing now all 55% people? If they feel they are real product of madhesi father, than they should fight to increase the quota from 22% to 55%, do they do or have tries ever? Otherwise it will not fair to claim as madhesi product human even though they are not! Or they should not hesitate in saying their biological fathers are madhesi before to get madhesi certificate to the non-madhesi?

Secondly' they must look at the past, present structure of Nepalese politics, bureaucracy, defense and PEs and security service etc, where they find more than 60% representations are from Madhesh (Madhesbasi but not madhesi) including the 90% former prime ministers after post democracy era of Nepal, so why state need to consider the non-madhesi defined madhesi to consider under inclusion process? Yes, they know because these people represented the non-madhesi cast and communities only, but they just live and migrated to Madhesh due to fulfill their various vested interest and objectives. It is rabidity to think that someone governs automatically the same ethnicity and identified as same local communities, if someone just shifted their home from one region or ethnicity to another and one country to another.

If they are correct, can the non-madhesi consider the all Indians people as Nepali who have been living in Nepal, can they provide full identity as Newar or Bahun if they have been living in Nepal closer to Bahun or Newar community?.Yes, answer will be negative, similarly how come the non-madhesi living in Madhesh can be considered and regarded as a madhesi? The non-madhesi should rethink the letter and spirit of constitution! Are they sure that non-madhesi living in Madhesh is the target of inclusion under madhesi quota?

Nowadays, some of the CDOs are issuing madhesi certification to Non-madhesi, supreme court is begun to prove non-madhesi as madhesi ignoring the ground reality, non-madhesi has started to capture madhesi quota that are basically targeted to madhesi people. State is ignoring to hear the complaint against non-madhesi, non-madhesi leaders are happy to see the exclusion process of madhesi people in the name of so called inclusion. But they must know that history may repeat, either they or their future generation need to pay for the cost of real inclusion, if they ignore now. Their future generation has to face the war and have to bear the higher compensation, if justice is denied to madhesi people in current situation.

There are several non madhesi people have awarded madhesi certificate strategically to capture madhesi quota, several other people capturing also Aadibasi-Janjati quota by non Aadibasi Janjati, just by changing their family name similar to Aadibasi-Janjati. The complaint against forgery are being filled but found either ignored or manipulated without justification. The consequences may not affordable by state and government once it diverted into pathetic conflict, now many victims believes such growing trained as state sponsored activities, so state authority and government must be careful and awake to response the impact of such hegemony.

It is possible that communal violence expands against such non-madhesi people or they face attacks by local insurgents or aggressive madhesi community, if they abuse the identity of Madhesh and madhesi. It is hundred percents clear that such non-madhesi culprits have to pay high cost if they ignore or undermine or play with the identity and ethnicity of madhesi people. It is totally unacceptable for madhesi, so government must pay high attention to address the issues. Few non madhesi has applied and already appointed under madhesi quota but state is silent now, but what if the some guy come shamelessly and apply under women quota dressing himself as a women, does the state allow or remained silent if complaint lodged against such culprits?

The state should immediately analyze the situation and declare the list of madhesi cast and communities by a cabinet decision urgently, otherwise state may face another war or insurgency if it is not addressed in time. Our government must know that basic reasons and ground of most of the civil war and insurgency are either communal and ethic issues or exclusion. So, continuous ignorance and delayed response the ethnic and communal issue in time cannot be considered as wise. Therefore, government of Nepal must constitute the high-level taskforce to investigate the mal-practices and response the distortion and impunity as quick as possible.

If the state honestly believes that madhesi should consider under inclusion than the government must start necessary urgent treatment and handling on the issue or end the so called inclusion for the madhesi to watch and see the upcoming responses from the folk of true Madhesh and madhesi. Inclusion is pure an antithesis of exclusion, so it cannot be dared to push people into more exclusion in the name of Inclusion process.

Source: http://newsblaze.com/story/20120103140733abha.nb/topstory.html

Mr. Krishna Hari Pushkar writes about social issues, security and conflict management, often in relation to Nepal. An Under Secretary of Government in Nepal, he is well honored as a Peace, Security and Conflict Management Professional, who contributes regularly to national and international nongovernmental organizations as a peace and conflict management expert.

Hello Sarkar: Complain By A Madhesi Fellow

2011-12-28T07:14:00.001+05:30

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wGoafb Û

Ranjita Mandal

Life With Peace, Happy With Peace, Peace With Peace

2011-12-10T07:58:00.004+05:30

Aavar Pushkar

Hello Sarkar-Hello Government

2011-11-08T18:09:00.002+05:30

Hello Sarkar

Hello Government

Krishna Hari Pushkar

Under Secretary of Government of Nepal

I hope most of you are fully aware about the ideas of “Hello Sarkar”, if not please see its’ directive on the website (www.opmcm.gov.np) of Prime Minister’s office for detail. It was officially opened last week after necessary technical, administrative and legal preparation.

The head system has been established at PM office Singh Durbar, that works and stay on duty 24 hours and 365 days. It has also a resourceful nodal officer/focal person or say direct representative of “Hello Sarkar: at central level in all sectorial ministries/ commission/office/central level offices etc.

The concept of Hello Sarkar is being praised and getting success to reinstate somehow the public trust over government in some extend. Basically, you may connect anytime “Hello Sarkar” to lodge your grievances and complain, you may inform about corruption and irregularities, criminality, relief and rescue, disaster and other incidents on public concern etc. It is believed that “Hello Sarkar” will also helpful to transform the existing system of governance into more responsible and improved accountable. It is naturally good idea and will be proved mile stone soon to establish good governance and productive service delivery system in Nepal.

You may meet or reach “Hello Sarkar” by various means. You may call anytime in toll free number 1111, or fax 1100, or email 1111@opmcm.gov.np , or sms 1111 or use www.opmcm.gov.np complain and suggestion php or can use postal service to Hello Sarkar, PM Office or you may also have the possibilities to go by person and meet duty officials at Hello Sarkar. I encouraged all of you to use yourself and also encouraged other to use the facilities of “Hello Sarkar” as much as possible.

Please “Help Government and Help People” to build our motherland peaceful, healthy and prosperous Nepal. I request all of you to be in continuous touch with the Government and join hand together in the movement that are going on for better governance and development.

Of course, you may write or share your opinion, views or suggestion if you think it is essential for better or more effective “Hello Sarkar”.

Thank you.

Happy Dashai, Tihar and Chhatha

2011-10-29T21:13:00.002+05:30

Indigenous, Madhesi, Dalit, Disable and Women in Nepal

2011-10-16T22:29:00.002+05:30

Special Discussion Session for Existing and Potential Senior Government Officials of Nepal
“Status, upliftment efforts, problems, solutions and potentialities of Indigenous, Madhesi, Dalit, Disable and Women in Nepal”

Presented By

Krishna H. Pushkar, Under Secretary

Government of Nepal

16th October, 2011

Organization of the Presentation

• Introduction

• Reviews and analysis of upliftment efforts

• Reviews of existing laws and policies

• Contemporary issues

• Problems, solutions and potentialities

• Potential questions

• Discussions

(Briefing and explanations content huge range of data and statistical analysis)

Terminological Introduction

Aadibasi (Antediluvian Residence), Janjati (Excluded from Hindu castisms’ classification), Madhesi (claimed antediluvian residence and has specific cast, mother tongue and culture), Dalit (previously discard untouchable and segregated groups of cast) Disable (Physically or mentally unable) and Women (Human female)

(Note: Some controversy is remained left in definition due to absence of proper legacy and legitimacy)

Status

• Aadibasi Janjati :(AJ)Population: 37.2%, No of AJ: 59, Representation in CA: Apx. 35%, below poverty line: 44%, Literacy: 48.8, HDI: 0.494, civil service-18% & culturally rich but remained deprived and poor.

• Madhesi: Population: 31.2%, No of Madhesi: 36, Representation in CA: Apx. 24%, below poverty line: 25%, Literacy: 48. HDI: 0.448, civil service-9%, culturally rich but remained distanced, deprived and poor.

• Dalit: Population: 13%, No of Dalit: 5+17=22, Representation in CA: Apx. 8.3%, below poverty line: 46%, Literacy: 33.8. HDI: 0.424, civil service-1%, culturally rich but remained deprived, marginalized exploited, away and poor.

• Disable: Population: apx10%, rich capabilities, professionally competent but remained deprived, awaited, marginalized and poor.

• Women: Population: 50.3%, Representation in CA: Apx. 32.97%,. Landownership:10.5%, Contribution in agriculture: 60.05%, civil service-13.05%, professionally, socially, and technically rich and prosperous but remained deprived, disadvantages, distanced and poor

(Precaution: Data may require updates and further verification due to its controversial nature)

Efforts for Upliftment

• Constitutional and Legislative Privileges and Provisions

• Legal, Plan, Policy and Budgetary Privileges and Provisions

• Executive, Economic and Administrative Immunities, Privileges and Provisions

• Political and Electoral Privileges and Provisions

• Institutional and Organizational Provisions

• Sectorial arrangements and targets

• Special and Focused Provisions (Social Security and Justice etc.)

• Contemporary Privileges and Provisions

• International and Diplomatic Commitments and Mechanisms

• Others

Common Problems

• Exclusion: Economically, Socially, Educationally and Politically Excluded

• Crisis of Identity, Access, Representation, Participation, Recognition and Ownership

• Distanced from National Mainstream

• Ignored in Power Sharing

• Inequity in Development Dividends

• lack of inclusiveness in our economic growth

• Under Presence in Governance System

• Poverty and Weak (Crisis of Power, Choice and Voices)

• Disadvantaged and Segregated from Opportunities

• Deprived From Resources, Land Ownership & Opportunities

• Segregated from Rights and Privileges

• Crisis of Peace, Prosperity, Unity and Integrity

• Inter-intra Conflict, Mistrust and Frustration

(Exceptions may occur)

Peculiar Problems

• AJ: Diversity, Cast disparity & Structured Social discrimination

• Madhesi: Ownership, identity, language, reintegration, socio-ethnic polarization, diversity, size, history, exploitation

• Dalit: untouchable, over exploited, segregated, powerless, marginalized, backward

• Disable: Physically or mentally elusive but differently able,

• Women: Biological, difficult customs and social cognition, religious, cultural and social limitations

Solutions/Recommendation

• Inclusion and partnership in power sharing & public affairs

• Adherence into national unity, integrity & sovereignty

• Rational participation & proportional representation

• Justified share in developments dividend

• Opportunities for socioeconomic prosperity & transformation

• Productive development assistances and linkages with social entrepreneurship

• Pluralistic way of empowered life style system

• Assurances for rights, respects& enjoyable rule of law ( democracy)

• Honest acceptance and implementation of national & international commitments

• Quality and revised civic education

• Productive and Need Based Social Security

• Quality Public Services and People Centric Governance

• Human Security

• Others

Major Periodic Programs

• Inclusive Development Programs

• Targeted Programs

• Social Mobilization and Governance Promotions Programs

• Participatory Planning System

• Capacity Building Programs

• Identity Establishment/Promotion

• Social Security

• Empowerment

• Source: Three Year Plan( 2067-2070)

Potentialities

• Social Inclusion issues is in national priority

• Speedy Socioeconomic Development

• Democracy, Inclusiveness and Sustainable Development

• Poverty Alleviation and Blowing Human Development

• Sustainable Peace, Prosperity and Good Governance

• Social Cohesion/ Pluralism/Diversity Management

• Balanced Power Sharing and Proportional Representation

• Full Respect of Voices, Choices and Rights

• Strong National Unity, Integrity ( Nation State)

• Active geopolitical and diplomatic strength

• Human Security

• Social Justice

• Quality Public Governance

Thank you

• Discuss on Potential Questions and Relevance Answer Models

• List Some Reference Materials

• Be in Touch for Continuous Efforts

Corruption in Foreign Employment Torments Nepal

2011-10-10T09:04:00.000+05:30

The foreign employment business may be seen as both positive and negative. It has many dimensions and connotations in its perception. Some consider it a major source of human smuggling; and others see it as the main backbone of a country's national economy. Some feel it is a main means for employment where others see it as the worst

Believe Me Or Not: Foreign Employment Has Become Major Source Of Human Smuggling

2011-09-26T06:41:00.000+05:30

“Foreign Employment Has Become Major Source Of Human Smuggling”

Krishna Hari Pushkar

2011 Trafficking in Persons Report - Nepal

Nepal (Tier 2)

Nepal is mainly a source country for men, women, and children who are subjected to forced labor and sex trafficking. Some Nepali women and girls are subjected to sex trafficking in Nepal, India, and the Middle East, and also are subjected to forced labor in Nepal and India as domestic servants, beggars, factory workers, mine workers, and in the entertainment industry, including in circuses and in pornography. They are subjected to sex trafficking and forced labor in other Asian destinations, including Malaysia, Hong Kong, and South Korea. Nepali boys also are exploited in domestic servitude and – in addition to some Indian boys – are subjected to forced labor in Nepal, especially in brick kilns and the embroidered textiles industry. One NGO is concerned that China is an emerging sex trafficking hub for Nepali girls. There were reports of traffickers in the remote Karnali region who deceive families into sending their children to urban areas with false promises of schooling. Many of these children, however, are never sent to schools and some end up in forced labor, including forced begging. Bonded labor exists in agriculture, brick kilns, and the stone-breaking industry. Particularly in agriculture, this is often based on caste lines, where traditional landlord castes use debt bondage to secure unpaid labor from Dalit laborers. Traffickers generally target uneducated people, especially from socially marginalized and traditionally excluded groups. However, a growing number of victims are relatively well-educated and from traditionally privileged groups.

Many Nepali migrants seek work in domestic service, construction, or other low-skilled sectors in Gulf countries, Malaysia, Israel, South Korea, Afghanistan, and Libya with the help of Nepal-based labor brokers and manpower agencies. They travel willingly but some subsequently face conditions indicative of forced labor such as withholding of passports, restrictions on movement, nonpayment of wages, threats, deprivation of food and sleep, and physical or sexual abuse. Some are deceived about their destination country, the terms of their contract, or are subjected to debt bondage, which can in some cases be facilitated by fraud and high recruitment fees charged by unscrupulous agents. Many workers migrate via India; this is illegal, due to the 2007 Foreign Employment Act that requires all workers to leave for overseas work via the Kathmandu airport. Many migrants leave by land because it is easier and cheaper than traveling by air, and to avoid legal migration registration requirements, the scrutiny of a labor migration desk in the airport, and bribes that some officials reportedly require at the airport to secure migration documents. A recent survey of returned migrants served by the NGO Maiti Nepal assessed that 67 percent of female Nepali workers who returned from the Gulf were unhealthy; most disorders were psychological illnesses. Nepali officials have reported a large increase of Bangladeshis transiting through Nepal in recent years due to increasing migration restrictions of Bangladeshis by foreign countries. Officials believe many Bangladeshis illegitimately obtain Nepali visas and work permits for employment in the Gulf, and noted, because these Nepali documents are often produced fraudulently, the Bangladeshis are at risk of being trafficked.

The Government of Nepal does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so, despite limited resources. During the year, the government established the Central Crime Investigative Bureau's special unit to investigate trafficking and increased its direct financial support for protective services in Nepal and abroad. Incidents of trafficking-related complicity by government officials were not documented by the government, but reported by civil society. The lack of proactive victim identification remained a serious problem in Nepal.

Recommendations for Nepal: Increase law enforcement efforts against all types of trafficking, including labor trafficking, and against government officials who are found to be complicit in trafficking, while respecting the rights of victims and defendants; institute a formal procedure to identify victims of trafficking and refer them to protection services; ensure that sex trafficking victims are not punished for involvement in prostitution; improve protection services available for victims of all forms of trafficking; promote legal awareness programs to potential trafficking victims and government officials; work with Indian officials to establish a procedure to repatriate Nepali victims of trafficking in India; decentralize the system to file complaints under the Foreign Employment Promotion Board as a means to facilitate victims' access to legal remedies; consider increasing avenues for female migrant workers to migrate legally and safely to the Gulf; and provide disaggregated data under the Human Trafficking and Transportation Control Act.

Prosecution

Nepal prohibits most forms of trafficking in persons, including the selling of human beings and forced prostitution, through its Human Trafficking and Transportation Control Act (2007) and Regulation (2008) (HTTCA). Prescribed penalties range from 10 to 20 years' imprisonment, which are sufficiently stringent and commensurate with those prescribed for other serious crimes, such as rape. The Bonded Labor (Prohibition) Act (2002) prohibits bonded labor, but has no penalties. Defendants in trafficking cases are not assumed innocent, violating fair trial standards. According to the Office of Attorney General, 174 offenders were convicted in 119 cases tried in court under the HTTCA; 71 cases resulted in convictions and 47 cases resulted in acquittals in Nepal's 2009-2010 fiscal year. This compares with 172 offenders convicted in 138 cases tried in court, with 82 cases resulting in convictions and 56 case acquittals, in the previous fiscal year. It is not known how many of these cases were for human trafficking, since the HTTCA also prohibits other offenses that do not constitute human trafficking, such as people smuggling. Government statistics did not include information about punishments and did not disaggregate whether convictions were for sex trafficking, labor trafficking, or non-trafficking offenses. The much lower number of convictions reported in the 2010 Report represented only convictions obtained from the Supreme Court, while the numbers offered above represent convictions obtained from district courts. Some Foreign Employment Tribunal case convictions under the Foreign Employment Act may have involved human trafficking. The tribunal is based in Kathmandu without branch offices, which restricts victims outside of the capital from filing cases. In 2010, the government established a special unit to investigate human trafficking within the Central Crime Investigative Bureau. One government source noted a decrease in victims' confidence in the prospect of justice in Banke district – a western district of Nepal – because very few labor traffickers of migrant workers have been punished in the district. This is believed to have negatively affected the number of trafficking cases filed with police in the district.

The incidence of trafficking-related complicity by government officials remained a problem. Anecdotal evidence suggests that traffickers use ties to politicians, business persons, state officials, police, customs officials, and border police to facilitate trafficking. Although in the past it was reported that many dance bars, "cabin restaurants," and massage parlors in Kathmandu that facilitate sex trafficking were co-owned by senior police and army officials, some security officials report that recently adopted police and army rules prohibit officials from running businesses without approval, and that this has decreased the practice; this has not yet been confirmed by civil society groups. Some Nepali officials may work with traffickers in providing false information in genuine Nepali passports. Politically-connected perpetrators enjoy impunity from punishment. There were no trafficking related investigations, prosecutions, or convictions of government officials for complicity in trafficking during the reporting period. Between January and March 2010, according to official statistics, the Maoists discharged the 2,973 child soldiers they recruited during the 10-year conflict, some of whom may have been trafficking victims. However, no Maoist official has been charged in connection with the conscription of child soldiers. Government officials who participated in counter-trafficking training-of-trainers programs led workshops in their various districts.

Protection

The Government of Nepal does not have a formal system of proactively identifying victims of trafficking among high-risk persons with whom they come in contact. Some police officers made arrests during raids on commercial sex establishments but did not identify victims. As a result, child trafficking victims were arrested, jailed, and then charged "bail" which the police and court allowed traffickers to pay; this further indebted the girls before they were handed back to their traffickers. A 2009 Supreme Court ruling which ordered police to not arrest females in these establishments was largely unheeded, but some NGOs recently filed successful contempt of court cases which released some girls from detention. Police arrested some Bangladeshi migrant workers during raids in 2010 while they were allegedly trying to fly overseas with fake Nepali passports, and did not make attempts to identify whether they were trafficking victims.

During the last year, the Ministry of Women, Children and Social Welfare (MWCSW) fulfilled a commitment reported in the 2010 TIP Report to open and partially-fund five NGO-run shelter homes for female victims of trafficking, domestic violence, and sexual assault; a total of eight NGO shelters are now given some funding by the government. As of February 2011, 77 victims were in those shelters. During the year, the MWCSW fulfilled a second commitment to open 15 emergency shelters across the country for victims of trafficking and other forms of abuse. All facilities that assist trafficking victims were run by NGOs and most provided a range of services, including legal aid, medical services, psychosocial counseling, and economic rehabilitation. The Nepal Police Women's Cells reportedly sustained partnerships with NGOs to ensure that victims were provided with available shelter; however, it is unknown how many survivors received assistance. There were not sufficient facilities to meet the needs of all survivors, nor were there any protective services for males. The Government of Nepal allocated approximately $7,000 for rescue efforts by the Nepal Embassy in India in the 2010 to 2011 fiscal year, a 55 percent increase compared to the previous fiscal year. The government continued to run emergency safehouses in Saudi Arabia, Qatar, Kuwait, and the United Arab Emirates. While the Foreign Employment Promotion Board collected fees from departing registered migrant workers for a welfare fund, most of the funds remain unused and are inaccessible to migrants who did not register with the Board; these irregular migrants may be most at risk to trafficking.

Limited protections for victims negatively affected law enforcement efforts. Victims were often intimidated in their communities not to pursue a case, and they did not want to prosecute due to concerns for personal and family safety, particularly as their traffickers may have been family members. Many victims were unaware that legal recourse was available against traffickers. The government did not encourage trafficking victims to participate in investigations against their traffickers. Judges reportedly often took an adversarial, rather than impartial, stance when dealing with trafficking victims.

Prevention

The Government of Nepal improved efforts to prevent human trafficking during the reporting period. The government organized rallies and distributed posters and pamphlets to mark the fourth annual National Anti-Trafficking Day. The National Human Trafficking Task Force was more active in the reporting period; it met more times than in previous years, secured more funds for rescue, and helped repatriate a Nepali victim from a rehabilitation home in Bangladesh. The MWCSW established District Committees on Controlling Human Trafficking in 49 districts this past year. While all districts are now covered, a number of those in rural areas are not active. According to the Foreign Employment Promotion Board, during the year the Board conducted safe migration radio programs on more than 50 stations throughout the country; this is twice as many stations as was reported in the previous year. In January 2011, the Ministry of Labor formed a Committee to Hear the Issue of Undocumented Workers. The committee met once during the reporting period, and includes an NGO. Chapter 9 of the 2007 Foreign Employment Act criminalizes the acts of an agency or individual sending workers abroad through fraudulent recruitment promises or without the proper documentation, prescribing penalties of three to seven years' imprisonment for those convicted; fraudulent recruitment puts workers at significant risk of trafficking. Despite national registration drives and committees responsible for registering births, the Central Child Welfare Committee in 2008 reported that only 40 percent of children had birth registration certificates. All Nepali military troops and police assigned to international peacekeeping forces were provided some pre-deployment anti-trafficking training funded by a foreign government. Nepal is not a party to the 2000 UN TIP Protocol.

United States Department of State, 2011 Trafficking in Persons Report - Nepal, 27 June 2011, available at: http://www.unhcr.org/refworld/docid/4e12ee5bc.html

Nepal's Speech at 66th Session of the United Nations General Assembly Was Not Matured ?

2011-09-25T22:02:00.003+05:30

Nepalese Got Huge Loss Just Because of Visionless Speech?

The historical speech and strong commitment (It is our principled position that we support a fully independent and sovereign Palestine State based on the UN resolutions. We look forward to its materialization at the earliest.) of Rt. Hon. Dr. Baburam Bhattarai, Prime Minister of Nepal, to the 66th Session of the United Nations General Assembly may create further tension, specially in bilateral labour relation of the both countries. Directly, his speech may hamper or intensively decrease the upcoming huge employment opportunities of Nepalese youth in Israel that is just about to re-begun in this month after long efforts by various stakeholders. He could have expressed his speech indirectly or in diplomatic manner. I am not sure but looks like it’ will bring terrible consequences in overall foreign employment opportunities for Nepal. Particularly, capitalist alliance or pro-Israeli countries including United States of America may treat Nepal as an opposition just because of his direct speech. Anyways, Nepalese got huge loss just because of visionless speech?Let us think to minimize the negative impact!

Personal View Expressed By Krishna Hari Pushkar

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Mr. President,

Mr. Secretary-General,

Distinguished Delegates,

Let me begin by congratulating you, Mr. President, on your election to the President of the Sixty-sixth session of the United Nations General Assembly. I also take this opportunity to sincerely thank the outgoing President, His Excellency Mr. Joseph Deiss, for having successfully steered the Sixty-fifth session. Let me also express our sincere appreciation to His Excellency Mr. Ban Ki-moon, Secretary-General of the United Nations for strong commitment and dedication with which he has been serving the United Nations. We wish him further success in his second term. Nepal warmly welcomes the Republic of South Sudan as a newest member of the United Nations.

Mr. President,

It is a distinct honor and privilege for me to bring to this august Assembly the voice of the voiceless of the world. I have brought with me greetings from the nearly 30 million toiling but proud people of Nepal, who have recently liberated themselves from age-old feudal monarchy and autocracy. Nepal is an enchanting land of Mt. Everest, the top of the world. It is the birthplace of Gautam Buddha, the apostle of peace. And it possesses an unbelievable variety of natural beauty and diversity.

In recent years, a momentous transformation is taking place in Nepal. After a long and persistent struggle, a feudalistic and autocratic monarchy has been abolished. We have entered into a new historic era with the creation of a new federal democratic republic of Nepal. Today, the new state apparatus is striving to take into account the multi-ethnic, multi-lingual, and multi-cultural diversity of the country. Abolition of all discriminations and oppression based on class, gender, nationality, region and caste and creating an inclusive democratic system and a just society is at the heart of all our struggles for decades. Thanks to the ultimate sacrifice of the thousands of martyrs of the historic People’s War of 1996 to 2006, People’s Movement of 2006, Madhesh Movement and many other oppressed people’s movements that we have come this far to lay the foundation of a new Nepal. We have to consolidate these historic gains and institutionalize them in order to establish sustainable peace, justice and prosperity to all. My government is fully committed to doing that with the conclusion of the peace process and the writing of a new constitution through the Constituent Assembly at the earliest. The constitution will not only guarantee the fundamental democratic norms and values. But it will also ensure that our multi-party democracy is inclusive, participatory and life-changing for all, especially the oppressed laboring masses and the marginalized ones. As it is rightly said: ‘The highest measure of democracy is neither the extent of freedom, nor the extent of equality, rather the highest measure of participation’, we want to institutionalize a really participatory democracy for all, particularly the downtrodden ones.

In this context, I would like to remind this august Assembly of the poignant words expressed from this podium in 2008 by the Chairman of my party, Unified Communist Party of Nepal (Maoist) and the then Prime Minister, Com. Prachanda, about the landless peasants, downtrodden women, the so-called untouchable dalits and millions of exploited masses of Nepal who are aspiring for liberation from all forms of oppression and exploitation.

Nepal’s home-driven peace process and historic transformation are unique and could be a good example for drawing lessons. We believe that transformation has to be holistic to have its long lasting impact at the grassroots. Transformation in political, social and economic fields has to be brought about holistically. It is attainable with dedication, dialogue and consensus building among stakeholders. Like in any other countries, transitional pains and delays are there. But we are united in our vision and we intend to complete the transition process with consensus and cooperation of all the political parties and stakeholders. We are confident that with international goodwill and cooperation, we will achieve it at the earliest.

Nepal’s foreign policy is based on fundamental principles of the UN Charter, non-alignment and Panchsheel principles and promotion of regional cooperation through SAARC. We would like to be a vibrant bridge between our two neighbours and beyond. At a time when humanity is so much in need of peace, and we all are striving for it, we particularly appeal for the development of Lumbini, the birthplace of the Buddha, as the fountain of world peace through effective international support and cooperation. The International Committee for Development of Lumbini needs to be reactivated at the earliest.

I extend sincere thanks to the United Nations, especially UNMIN for providing invaluable support and assistance throughout our peace process. We are hopeful that we would continue to receive goodwill and support from the international community in our efforts to institutionalize lasting peace, equity and prosperity in the country.

The United Nations holds a noble vision of peace and security, development and justice and human rights for all. But if we look around the world, we have a long way to go to achieve this. We still face conflicts, deprivation and demeaning poverty all around us. How can we have sustainable peace in the world when there is so much of inequity, deprivation and marginalization around us? We have to deal with their root causes. How can one justify the spending of 1.5 trillion US dollars on war weapons every year while more than two billion people across the globe lack basic necessities of food, medicine, etc?

It is in that context, I appeal to the United Nations to come forward with a far reaching and comprehensive development package. We need a “new Marshall plan” for rebuilding and reconstruction of the post-conflict countries. Lip-services and symbolic supports are not enough. It is time for a bold visionary step to deal with the complex problems of today. This would be a most cost effective approach to deal with the global problems and ensure sustainable peace.

Mr. President,

The principles and purposes of the United Nations as enshrined in the Charter represent the high ideals of the global community. Yet we live in an age of paradox. The gap between the poor and the rich is ever widening. Today the level of inequity between the states is the highest than at any time in the past. The Least Developed Countries, or I would rather prefer calling them Underdeveloped Countries, are facing the full force of negative side of globalization with their deep structural constraints. Jobless growth is a major challenge for all of us. In this integrated world, grinding poverty of the masses in billions is a recipe for disaster. The islands of prosperity amidst the sea of poverty are not sustainable. It is morally indefensible and economically undesirable. In a globalized and interconnected world, our destiny is inextricably intertwined. When my house is on fire, your house cannot be safe, and vice versa.

The recurrence of economic and financial crises, fuel and food crises and the deeper structural crises have vindicated the need to seriously review the current economic paradigm. I believe that this is the right time for deeper soul-searching and the creation of a new, just and scientific economic order. The new global economic order needs to deal with the current global volatility and the growing marginalization of the poor and the weaker economies. The financial capital-driven ‘globalization’ process is increasingly exposing its inherent structural deficiency and incompatibility. Unless the interest of labour, the basic source of human wealth, is duly integrated in this process, we may soon have to face the ‘globalization’ of unrest and upheavals. The United Nations should be the principal forum to look at it in a coherent, inclusive and holistic manner.

Mr. President,

The Least Developed Countries (LDCs) face severe structural constraints in their development efforts. Their vulnerabilities have been further aggravated with multiple crises. Despite some good progress in achieving individual goals, LDCs as a group are most off-track in meeting the internationally agreed upon development goals, including those contained in the Millennium Declaration. Rights based approach to development is a must.

It is quite disheartening that even today about 75 percent of the population in LDCs lives in abject poverty and hunger. This situation is unacceptable and must come to an end sooner than later. Business as usual is not a solution to the deep-rooted problems. The historically structured process of ‘development of underdevelopment’ needs to be structurally addressed.

The Istanbul Declaration and the Program of Action must be implemented in its entirety and in an effective and timely manner. In particular, financing for development should be ensured as per the commitment. Duty-free, quota-free market access and supply-side capacity must be ensured to LDCs. Investment, technology transfer and private sector development should be promoted in LDCs. They are essential to translate the legitimate aspirations of the LDCs. A renewed and strengthened global partnership is critical to its implementation. We do not want to see another missed opportunity for the LDCs.

Nepal, in its capacity as chair of LDCs, will make every effort, in cooperation with fellow LDCs to ensure that the issues and concerns of the LDCs remain high on the priority list of the UN development agenda.
Similarly, the special difficulties of the Land-Locked Developing Countries (LLDCs) should be recognized and the freedom of transit should be ensured to them as a matter of right. Together with this, support for trade facilitation and infrastructure development in these countries should be scaled up.

Labour migration is a global phenomenon. We must protect the rights of all migrant workers and members of their families to ensure that ‘globalization’ is fair to all. As Nepal’s economy is increasingly dependent on remittance, this issue is very crucial for us.

Mr. President,

Climate change has clearly emerged as one of the greatest challenges of the twenty-first century. Global warming has precipitated melting of snow in the Nepal Himalayas, a source of fresh water for over a billion people living in South Asia. Therefore, we have taken the initiative of promoting sustainable mountain agenda in order to highlight their special vulnerabilities and fragilities. The industrialized countries should bear greater responsibilities for this.

There is an urgent need to make progress in climate negotiations and to ensure enhanced and predictable financing. The Rio+20 Summit scheduled for next year are critical to define a more sustainable development path and eradicate poverty for the LDCs. Sustainable development agenda should encompass all ecological considerations, including the crucial issue of sustainable mountain development.

Mr. President,

Nepal reiterates its call for general and complete disarmament of all weapons of mass destruction in a time bound manner.

Nepal strongly believes that regional mechanisms complement efforts to promote the global disarmament agenda. The Regional Centre for Peace and Disarmament for Asia and the Pacific (RCPD) located in Kathmandu would be instrumental in revitalizing the “Kathmandu Process” to facilitate dialogues and deliberations for confidence building in the region.

Nepal unequivocally condemns terrorism in all its forms and manifestations and calls for an expeditious conclusion of the negotiations on a Comprehensive Convention on International Terrorism. We should differentiate between terrorism and struggles for freedom.

Nepal’s commitment to human rights is deep and unflinching. We are fully aware that the protection and promotion of all human rights including the right to development and fundamental freedoms strengthens the sustainability of peace and progress. We have established an independent constitutional body – the National Human Rights Commission as a watchdog institution. We are committed to build and strengthen this specialized national institution as a true custodian of human rights.

Mr. President,

The General Assembly, which is the only representative body at the global level, needs to be given commensurate power and authority to truly work as a ‘world parliament’. It should not remain toothless. Similarly, Nepal supports the expansion in the membership of the Security Council in both the categories. Reform must address all the interrelated issues such as representation as well as transparency and accountability in the working methods of the Security Council. The role and contribution of smaller states in the maintenance of international peace and security must be duly acknowledged.

We underline the crucial role of the United Nations in promoting international cooperation for development. Its role in shaping policy debate on and establishing global norms in economic and financial matters must be strengthened. Nepal welcomes all efforts aimed at promoting system-wide coherence, including the operationalization of UN-Women.

Mr. President,

Nepal’s participation in UN peacekeeping is long-standing and consistent. We remain steadfast in our commitment to international peace and security. Nepal has already provided over 80,000 peacekeepers, out of which 62 of our soldiers have laid down their lives in the line of duty. Hence, we would like to call for equitable representation at the leadership level.

In recent times, we have witnessed the outpouring of the popular sentiments for change and freedom around the world. We believe that this is a sign of a new beginning, where people are asserting themselves to be the master of their own destiny. We applaud these changes. We should support them based on the fundamental principles of the United Nations. However, no one should hijack the agenda of democracy for its partisan ends.

The long-drawn-out peace process in the Middle-East is a matter of serious concern for us all. We must find a comprehensive and just solution to these problems. It is our principled position that we support a fully independent and sovereign Palestine State based on the UN resolutions. We look forward to its materialization at the earliest.

Mr. President,

Finally, let me reiterate, the UN principles be holistic, and all be pursued in a balanced manner.
The United Nations should not only be the custodian of its noble principles, it must deliver on its promises. Let it not be a mere umbrella of big powers.

In a globalized world of today, the UN has more responsibility than ever before to create an inclusive and just global order. Let it not falter on its historic duties.

Let the UN serve the larger interests of the poor and the weakest segment of the international community.

Let economic transformation of LDCs with a rights-based approach be on top of the UN Agenda.

Let the UN not fail the aspirations of the millions of people for freedom, equality and prosperity. Let its vision be translated into a visible change in the lives of the oppressed people.

And, last but not least, let us keep in mind, either we all reach the goal of global peace and prosperity together, or nobody will.

Thank you.

Strength of Nepal Officers Online and Importance of Your Contribution

2011-09-22T06:48:00.000+05:30

Strength of Nepal Officers Online and Importance of Your Contribution

Krishna Hari Pushkar

Dear All,

Personally, I am bit stressed while trying to express the strength of the online group. However, please be informed that all of your emails are distributed and submitted to respective authorities for their necessary attention and urgent action. Some of the issues are also registered as online grievances in various ministries, department, commission, embassies including office of the prime minister and cabinet secretariat.

Plenty of parliamentarians, judges, cabinet members, political parties and it senior leaders, members and officials of constitutional commission, journalists, and mass level of government official, diplomats, professors, engineer, and doctors, professional and top political brass including the Prime Minister Baburam Bhattrai are also the member and subscribers of this forum.

We have apx. 26, 00 members and above 2 lakhs indirect subscribers. It has been recognized among a biggest online network in Nepalese context since 2005. Nepal Officers has high circulation capability and it spreads the views and draws attention throughout the world to address the issues and problems properly that we discuss in Nepal Officers Online. However, it has no official executive authority to take action directly by itself.

The Nepal officers’ online group helps people, officials and authorities to achieve public perception, policy feedback, complain and grievances handling on particular issues along with experts ideas and advice. There are hundreds of examples that have proved that how respective authorities and officials including legislation parliament, cabinet, ministries, department, leaders, diplomats and diplomatic mission, department and anti-graft bodies and other have paid high attentions and quick effective and active actions on the issues and area that aired in Nepal officers group.

Moreorless, it has very similar or sometimes even more direct strength and effectivity that the news / views or issues published in a daily broadsheet Medias. Also, some researchers, policy makers, public managers, journalists, reporters and politicians have been benefited largely to know and learn the issues that we discuss in the forum.

I hope my writing will support to know and understand the strength of Nepal Officers Online Group.

Thank you.

Sincerely,

Krishna Hari Pushkar

“About Nepal Officers Online Group”

Namaste!
This group solely works for Nepalese and its concerned people, groups or institution. The group is committed to institutionalize the democratic norms and values to make the country, government and governance more modern, dynamic, stable and inclusive in the era of 21st century. Thus, we request to all who have interest to share and discuss varieties of recent national and international issues concerning contemporary Nepalese social, political, academic, professional, cultural, economical, and administrative and other. It is the intellectual exercise online forum without any border or limitation of opinion.

Further, we will also share the information about national and international opportunities (jobs, scholarships, trainings, seminar, fellowship, workshop, simulation, symposium, etc.).

You may ask any kinds of academic, professional, administrative, legal and procedural aspects regarding public affairs, counseling and advisory matters etc. You may post also your professional messages, issues, important blogs, research oriented articles and abstract etc. Same time, we are requesting & expecting ethical writing discipline while providing your text.

Moreover, we also exercise online companions, lobbying, signatures collection, public complains, petition, memorandum etc and work as a civic professional group to pressurize Governments, UN, EU, World Bank, global bilateral or multi latter agents in particular rational and legitimate issues.

For your kind information, currently, we are connected with more than 200,000 peoples, institutions & professional of the different parts of the world through different online groups.

I hope, on behalf of the group, that your worthy contribution and support will at least virtually and ultimately enhance substantially of the Nepalese development process. Thank you.

http://groups.yahoo.com/group/NepalOfficers/

Nepal Must Institutionalize System of Dialogue to Address Labour Disputes

2011-09-09T18:37:00.000+05:30

By Krishna Hari Pushkar

An Outlook from Practical Perspective of Nepal: Dilemma on Dialogue and Negotiation in Labour Issue

Globally, Nepal has recognized as one of the most terrible country in terms of maintaining systematic labour relation and administration because the areas has remained full of conflict and pandemonium since its envenom politicization. Here politicization means amateurish unionization of employers and employees. In Nepal, we found majority of labour and employers are self- claimed warhorse politicians and profounder of existing democracy and shamelessly claimed themselves as a pillar of political and socioeconomic transformational actors of the country which is a big unfortunate. Sadly, they are overestimated by themselves.

Therefore, it is difficult to find the pure labour and employers in accordance with norms and standards defined by authorities and governance. The most of the employers and employees are either unaware or just ignore about their duties, responsibilities, obligation and morality. Moreover, huge gaps in bearing duties, responsibility, accountability and moralities among the tripartite (labour, employer, and government) stakeholders are considered as other complex issues in Nepal to have good labour relation.

Sadly, Labour, Employers and Government use to see each other as an adversary actor into practice in Nepal. They often involve and guided by win-lose game, consequently each of the actors equally and periodically victimized or benefited as per their political strength respectively. Of course, political vested interest, policy corruption and contemporary transitional issue and polarization among political parties and societies are emerged as major issues in critical siltation of labour relation affairs of Nepal.

It is well-known that the country is passing through an unmalleable transition, so governance and government are weaker that helps budding impunity in every sector including labour affair of Nepal. The both employers and labour group feel that they can achieve anything by using tools and approaches of impunity or say hoo-hah. There is also lacking manner and way in extending their demands and need from respective partner. Most of the demand and agendas of struggles or protest comes through window. Union or umbrella organization of employers or employees are no more work as genuine union and do not pay proper concern in their established motto and goal, but they are became like a sister or gangster organization of a particular political parties or communities, even though most of them suffering insides with various fractions, inter-inter severe conflicts etc. In these conditions, government is not properly practicing effective and efficient model of dialogue and negotiation to address the ongoing diverse issues of labour relation in Nepal. It is painful to see the practicing model and approach of dialogue and negotiation are remained outdated and expired that brings nothing except sustainable and structured fractions, conflict and anxiousness in labour management affairs of Nepal.

Personally, I have realized and observed, there are several reasons exist that cause often failure of dialogue and negotiation (DAN) in local to central level on labour issues in Nepal. The major points are (a) impunity and outlawed way of appearance by unions and employees representatives in the table (b) Politicization and polarization of their vested interest ignoring the proper agenda of labour or employers scope, rights, duties and privilege (c) Poor coordination, homework, simulation among the representative on specific issues (d) Absence of right time, right place, right issue, right way, right representative and right authority (7R) (e) Crisis of legitimacy and legacy to address the emerged or discussed issues (f) Undefined and imbalance roadmap in handling dialogue and negotiation (g) Unwanted pressure and unavoidable influence from stakeholders sitting out the room (f) Crisis of accountability and creditability among stakeholders in DAN (g) Poor resources, uncertainty and "hit and miss" institutionalization of DAN (g) Inter ministerial connected controversial issues comes with high insensitivity without proper channels and preparation (f) Poor institutional memory bring complex repetition and duplication in further processing (g) The sitting person either consider the issues as a prestige matter or they take it as contingency issue without considering its impacts and results (h) All parties look and try their best to use either win-lose or fraudulent approach without looking the inside opportunity of win-win approach. In addition, there are various causes and reasons lead the dialogue and negotiation towards failure that includes content, concept, context, command and contemporary issues of the country and particular institutions in the particular times that may affect by various national or international social, political, economical and cultural or other reasons.

To address the issues, government of Nepal has to institutionalize and professionalize the system and mechanism of dialogue and negotiation specially to address the various labour disputes and conflicts that are coming in overwhelming numbers in recent days. The institutionalization and professionalization of the areas and subject of dialogue and negotiation is lacking within all stakeholders including government, employers and labors unions ignoring the sensitivity and technicality of the issues.

They have no budget, no resource and no professional expertise to lead or head such dialogue and negotiation, if required. State is weak, so the labour and employers believe that protest, strike, demonstration and bandh are a good solution for everything. They know government cannot able to control their impunity in fragile and transitional situation, so all of them do whatever they want and whenever they need to fulfill their vested interest. Honestly writing, the labour relation related dialogue and negotiation is not in main priority of government, they just feel headache when it comes as a pressure in their table. So, it is desire to have drastic reform and restructuring in overall labour administration reform of Nepal including labour relation in accordance with roadmap came in 100th ILO labour conference in Geneva 2011.

In Nepal, Labour Right, Employer rights, trade union rights or labour administration are just remained as a fashion and publicity for particular limited person, party and institution, because it has not been seen generalize, accessible, professionalize and mainstream into entire members and stakeholders of labour relations throughout the country. It is an urgent need of the country to aware and sensitizes its entire people about labour education, rights duties and obligation as a major issue of civic education. At the same time, the country also needs strong labour administration to control the mounting impunity and criminality of labour and employer equally. Similarly, the mainstreaming and productive collaboration with national economy and contribution in building inclusive economic development are also essential.

So, strong government, rule of law, professionalism and industrial peace are prerequisite for a successful labour relation in Nepal. Therefore, as conclusion, I would say that in Nepal's labour issue related dialogue and negotiation cannot be success if deal within academic and general traditionalistic framework. It is not easy as a book or manual of dialogue and negation describes about it, because the nature and issues of labour relation here normally comes as unexpected disaster in Nepal which is very often and common. No one can easily predict about upcoming brutal protest that when is start, what's destination, who will be the looser or winner, what will be causality and how it resolves. It meant everything is uncertain in some extend. The labour issues of Nepal cannot be compared as general case in other country but for sure it is mostly similar case as other post conflict transitional countries have. So, a specific and technically simulated transitional strategy and roadmap required to address the issues related to industrial peace and managing and dealing with good labour relation in Nepal. Even after a long history of unionism in Nepal, there is no law or specific executive orders until now that guide and command the labour based dialogue and negotiation in detail besides its urgency. Therefore, it is expected to pay high attention and priority from tripartite side, if the state wants to handle the issue effectively and efficiently in upcoming days for prosperous and pleasant labour affairs of Nepal.

http://newsblaze.com/story/20110908205600abha.nb/topstory.html

Published Date and Place: 9th Sept, 2011, World via USA

Labour Attache_Government of Nepal

2011-09-05T19:29:00.000+05:30

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Don’t Split Two Ministries, if Requried, Split Ministry of Labour and Transport

2011-09-03T10:02:00.001+05:30

People surprised to learn that present government is going to split the existing two ministries that include ministry of agriculture and cooperative and ministry of physical planning and works. I think it is neither good idea nor justified yet to split the ministries without having reasonable justification and necessary O & M. The decision may bring several disadvantages and mal-practices in both areas.

If required, our government can immediately break the Ministry of Labour and Transport Management. Scientifically, administratively and managerially the both areas transport and labour cannot be put together. Internationally, there are no such practices exist in any country where Ministry of Labour and Transport Management put together in a one ministry, but it is in Nepal as a big strange.

Therefore, I just suggest to our all respective leaders to split the existing Ministry of Labour and Transport Management into two different Ministries. They can name them as:

1. Ministry of Transport Management and

2. Ministry of Labour, Employment and Social Security.

Government of Nepal is About to End Inclusion System in Civil Service?

2011-08-09T21:49:00.000+05:30

Dear All,

I just want to share a bad news concerning the given tries for strategic ending process of all types of reservation (Inclusion Quota) in civil service system. The Ministry of General Administration has forwarded a proposal to cabinet to support the vested interest of some traditionally elite people to end all types of inclusion quota in civil service by necessary strategic and sudden amending in civil service regulation, despite ignoring the fact that it is against the motto of interim constitution and inclusion related commitment of state and government, and also against major legislative arrangement on inclusion.

I do not know, it is good or bad, but it is for sure that Government of Nepal should not take necessary action on forcedly ending process of all type of inclusion without having proper consultation of respective stakeholders. If it happens, Government will get huge trouble and may crate massive chaos and could lead to next destructive another revolution in Nepal, If Government take such action without necessary preparation and precaution. Therefore, multiparty political consensus is required to obtain in advance before to forward such proposal that hampers the spirit and motto of interim constitution and mandate of past political movement.

Thank you.

Sincerely,

Pushkar

Nepal: Should CIAA Secretary Kafle and His Team Resign In Moral Ground?

2011-04-23T21:43:00.002+05:30

By Krishna Hari Pushkar

CIAA Secretary Mr. Bhagabati Kumar Kafle has been read as one of the most controversial and capable secretary in the history of CIAA, who has been illegitimately using the commissions' full rights and authorities in accordance with his vested interest, ignoring the organizational ethics and professionalism. Nowadays, Kafle along with his core team came under a severe hullabaloo.

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The existing secretary of Commission for the Investigation of Abuse of Authority (CIAA), Mr. Bhagabati Kumar Kafle, has been one of the most controversial and capable secretaries in the history of CIAA. He has been illegitimately using the commissions' full rights and authorities in accordance with his vested interest, ignoring the organizational ethics and professionalism. Nowadays, Kafle, along with his core team, came under a severe hullabaloo.

The ongoing investigative approaches of the State Affairs Committee (SAC) of parliament found that CIAA secretary Kafle and some members of his core team are involved in a government land transfer scam (the transfer of ownership of the UN Park-land at Thapathali to individuals). The documents related to the scam show that they are directly involved in initiating, forwarding and submitting the files to get decided in abnormal ways concentrating on the interest of particular individuals. Therefore the State Affairs Committee of Parliament suspects that secretary Kafle and some other officials of CIAA are directly involve in the case of authority abuse and corruption. Perhaps, this is first time in history where SAC started such investigation case against CIAA officials, but it is yet to be exposed whether corrupts were working in anti-corruption areas.

In general, Kafle is very honest, hardworking, intelligent, technically sound, ethical, professional, capable and academically strong personality. He has tried to elevate the image of CIAA and he has succeed in many ways till now. He also won better public trust in some extend. Besides, there are many incidents occurred where developmental activities, technological advancement, governance projects, crime control projects, and other multi-million dollars of government investment have been collapsed and gone wastage due to his unethical interference, poor vision and ill-intentioned coercive instruction to the various public authorities. He has succeeded to terrorize almost all civil and political system of Nepal without having proper legal or practical empirical ground.

Mr. Kafle and company have also made some corrupt decision against the law of Nepal, consequently respective authorities who victimized were forced to accept all illegal and baleful decisions and instruction of Mr. Kafle, because of many technical and legal constraints. Some evidences may be presented publicly if required. Mr. Kafle and his team also affronted and dishonored many public employees. He was successful in imprisoning and throwing out of service too many people, especially for those people who were found involved in similar ways. Therefore, he should not go beyond from the accountability trouncing his key role as secretary and investigation officers of his team in each and every decisions of CIAA. It may be considered mentally paralyzed if someone claims CIAA secretary and investigation officers have no role in decisions taken by CIAA in any case and issues against corruption and authority abuse.

It is not expected that he and his team should immediately resign or thrown out from CIAA, just because to provide enough and adequate space for honest and truthful investigation process of the SAC. However, it is always judicious and mindful to consider their own ethical and moral ground for such high-sounding personalities while suspected and accused in an involvement of corruption or authority abuse. The recent resignation of Finance Secretary Mr. Rameshwar Kahnals' case may be used as an example while thinking on ethical or professional ground of honest public officers.

The general public may not be able to judge whether Kafle and his accused team should resign immediately just because SAC accused and claimed the involvement of CIAA secretary Kafle and his team in a case of corruption and authorities abuse along with ex-commissioners of CIAA. However, general eyes can say, if Kafle and his team are innocent, than commissioners also, if the commissioners are guilty than Kafle and his team also, they cannot be proved innocent at any degree because secretary and investigation officers have to involve in entire pre decision to post decision phases of all cases of corruption and authorities abuses administered by CIAA.

Source

Diplomacy in Nepal

2011-04-05T06:25:00.003+05:30

Public View on Diplomatic Productivity of Nepal

Krishna Hari Pushkar

It is interesting to see that the general public of Nepal are yearning to know and learn about the productivity of the Nepalese Foreign Ministry and its entire mechanism inside and outside the nation.

Previously, it was a matter of special concern for royalty and so called public celebrities, but now perspectives have been changed and almost all Nepalese peoples are starting to judge their own relationship and plus-minus shares in the productivity of Nepalese diplomacy. However, the need and interest of the general public does not seem to receive any response from the diplomatic operators of Nepal.

It is great to know that nowadays, the Ministry of Foreign Affairs (MoFA) has been spending huge efforts for restructuring, reengineering and reorganizing its entire institution to achieve better professionalism and huge diplomatic productivity in the changing context of diplomatic world. The working approach in integrated terms is known as an Organization and Management (O&M) survey. This is the current fashion and considered a seasonal activity of the entire civil service system of Nepal, and also, prohibitory policy in general of the Administrative Restructuring Commission (ARC) of Nepal.

It is well known that the Nepalese constitution building process is in limbo. The Constitutional Assembly (CA) has not yet decided on the overall governance structure of the upcoming federal model of Nepal, including the diplomatic affairs and potential structures. It is harmful to move forward without knowing the destination, priority and path forward or being unclear over possible questions about the move. So, everyone is trying to do O & M, which is like shooting bullet into the dark.

However, a few ministries, including MoFA also obtained special permission from ARC for an O & M survey. It is believed that a detailed O & M cannot be materialized now, until after approval of the governance structure of Nepal, in the federal context. Therefore, there are only possibilities of small changes or minimal organizational amendments that are mandatory to work and function at minimum level.

Normally, an O & M survey is a fact based work and document, it should be neither based on values nor influenced by any ill-intention. So, it should be purely based on national and institutional desire and interest. In fact, the major basis of the survey are programs, workload, job nature, rationality, and human resources of the particular institution. Therefore, the O & M is a scientific term, and technically well defined, structured set of activities, that performs under the theology of administration and management sciences.

It is itself a most complex, multi-connected, multiparty, time taking and sensitive job. So, it is essential to express gratitude to MoFA who dared to undertake such tough works. Actually, the O & M Survey is mandatory in Nepal for each and every civil service mechanism that wishes to make any productive changes in its existing organogram and job. In principle, it is required for all degrees of maximum or minimum changes in structures, hierarchy and functions

In any O & M survey, a scientific and technically justified workload analysis is crucial to judge the enlargement, enhancement and enrichment or reduction of an organogram and its system. Now, MoFA is asking central agencies to support them in increasing the numerous numbers of new institutions and divisions, joint secretaries and other high-ranking diplomats inside and outside the nation.

MoFA officials have been asked that O & M survey workload analysis or detail performance analysis be based on the various dimensions of diplomatic productivity and its related determinants, in accordance with the international practice and theory of administrative and management science.

Unfortunately for MoFA, the people and state authorities in Nepal also know that diplomatic productivity does not include any tangible value of money or quantitative calculation that can be easily shown in figures in sense of tax, custom or tourists.

MoFA in our developing nation does not mean anything alone to the country and its people, other than being a white elephant. Theoretically, MoFA is a type of bridge or means of connectivity or aligning authority between domestic and international affairs. It is a kind of road or highway or means of transportation made to link bilateral and multilateral forums and other relevant international community to achieve domestic goals and interest in a defined manner.

For example, if there is war between two states, MoFA officials can't fight since they are not trained for warfare, they have no expertise in war management, so they need state military to attack the enemy state under the umbrella of MoFA or other diplomatic mission.

Similarly, they only have diplomats with generalist backgrounds, so principally, they are not experts in labor affairs, economic affairs, trade affairs, commerce affairs, defense affairs, immigration affairs or security affairs etc. Therefore, the existing MoFA system cannot be productive without having proper, rational and adequate representation from sartorial authorities and institutions in the system and composition of MoFA and its diplomatic mechanism. This may be the ground that alone MoFA has either zero or negligible diplomatic productivity.

Diplomatic productivity has been a hidden or ignored word until now, for MoFA officials in Nepal, so it is important to spend a few lines to define the word. Diplomatic productivity has various dimensions, scope and understanding and it varies, country by country or institution. For instance, determinants and dimensions of diplomatic productivity can be different for mega developed, developed, underdeveloped, and post conflict transitional nations.

For a country like Nepal, the areas or dimension of diplomatic productivity may be described under several subheadings such as foreign direct investment, foreign aid, trade and commerce, foreign employment, tourism, bilateral-multilateral trade and commerce, defense cooperation, intensity of peoples cooperation and contacts, frequency of high-level visits, energy, election and representation, peace building, relief and rescue, consular and immigration service, national competences, international leadership, public accessibility, remittance, exchanges, governance and migrant security.

Diplomatic productivity does not look for direct and instant benefits as everyone knows that the advantages of effective and efficient diplomacy generally come in the long term. It is not like exchanging money for goods from a shop. It is difficult to quantify or calculate the exact quantitative or numerical value of diplomatic effort but it does not mean that it is impossible. It is an area of subjective and qualitative study.

For instance, it can be interpreted on the basis of cases and issues while weighing its achievements in accordance with the goals, priority and interests of what the nation wants to get from its diplomatic apparatus. It is about success (positive) or failure (negative) results that deals with the status of achievements of the state's goal, policies, plans and programs as assigned to MoFA and its mechanisms.

Forty thousand illegal Nepalese jobs came under crisis in Iraq, because MoFA stamped passports "not valid to enter Iraq." MoFA was also totally silent on rescue issues on Middle east/Gulf political unrest until national media and the Ministry of Labor repeatedly demanded immediate action.

It can be seen while studying the status of Asian, European or American markets for Nepalese products and also analyzing the declining positive trade and commerce transactions with Indo-Nepal. Moreover, major countries have changed on arrival visa facilities for Nepalese citizen due to our poor diplomatic performance. In the past, Nepalese enjoyed on-arrival visa facilities in many more countries including Europe, Thailand, Hong Kong and Malaysia.

Declining Nepalese representation, participation and leadership in multilateral and bilateral institutions, including the UN can be considered one of the most pathetic consequences of existing negative diplomatic performance. Similarly, decreasing quality foreign employment market, growing human smuggling in the name of foreign employment and failure to provide basic rescue and relief timely in destination countries for labor migrants shows the real face of the lack of Nepalese diplomacy.

In public opinion, Government should not waste much if the Nepalese diplomat abroad either stands to take part in reception ceremony, hospitality management or just to fulfill their own vested interest. Wearing formal dress, sleeping in meetings, losing in negotiations, enjoying dollars, torturing people for passports, and drinking whisky cannot be the successful code of a diplomat, nor a positive outcome for a state's investment. Changes, restructuring, and correction need to be accepted for immediate reform inside the Ministry of Foreign Affairs.

The Ministry of Foreign Affairs claims that it needs more manpower, resources, new institutions and more because these are essential for their self-claimed and self defined economic diplomacy and foreign employment system without realizing the need and involvement of respective authorities and its stakeholders inside their diplomatic system.

In Nepal, MoFA ignores the reality and contemporary need of a successful diplomacy and international relations system. MoFA must study and learn more about the shifting dynamics of contemporary diplomacy, otherwise it will not be worth making any changes and reform until and unless it rethinks its existing mindset and horizon. MoFA should join hands with concerned agencies on an equal and rational basis. It should reflect on their ongoing O & M, if they really want to go forward to fulfill the need and interest of the nation and its people.

Source: Newsblaze.com

Big Boss Fights ( Mr. Bharat Mohan Adhikari Vs Mr. Rameshwar Khanal)

2011-03-30T15:19:00.001+05:30

Krishna H. Pushkar

It is painful to read media news on the ongoing cold war and growing unfair relationship between the Finance Minister Bharat Mohan Ahdikari and Finance Secretary Rameshwar Khanal. The media reports said that Mr. Khanal has resigned due to severe differences with his minister. Also, media accused that the conflicts emerged due to unethical pressure and blackjack working style of Minister. The major concern came in media that Bharat Mohan Adhikari wants to save some of the corrupt corporate business houses where Finance Secretary is boldly active and fully committed to take all necessary action against such corrupt business persons and houses who have been cheating/manipulating millions of rupees taxes/revenue, misusing their political powers and influences.

God knows the reality, but people talk in street and in-house that Finance Minister tried to transfer Mr. Khanal as energy secretary without any justification and ground. He also wanted to bring Mr. Balanand Poudel, existing secretary of Ministry of General Administration as finance secretary, so secretary Khanal was unhappy with the news. Secondly, Mr. Khanal has expressed serious dissatisfaction over the unprofessional and hotchpotch mass level recent transfer of its’ senior officers (joint secretary/undersecretary) inside the ministry and its various wings, purely based on political ideology and influences in accordance with the interest of UNL affiliated business persons, ignoring the need and interest of state and institutions. In addition, Krishna Hari Baskota, revenue secretary had also started to disfavor and disobliging secretary Khanal’s interest and developing several vested political things and started assisting in majorities of unnatural works for Bharat Mohan Adhikari.

Thirdly, there was also a big fight over the transfer issues of Rajan Khanal, existing Director General of Inland Revenue Department, actually, media reported Mr. Finance Secretary does not want to see now his transfer anywhere because of his excellent professional proficiencies and outstanding performances, specially due to the leading role of Mr. Rajan Khanal in ongoing investigation against the fraudulence and tax cheating growing activities of business houses, though the Minister tried to kick him out forcedly somewhere else, because he is the main one who has initiated and taking leading charges to take strong action against the corrupt corporate business houses and business leaders. Though, Minister became failure to transfer Mr. Rajan Khanal due to full stand, exceeding resistance and strong protection by Secretary Khanal.

In general, a blog reported that including Mr. Binod Choudhary and his business networks are the main one who seems involves in tax/revenue fraudulence cases, Mr. Choudhary is a CA member in UNL quota, so people suspect that Minister Adhikari might have influenced by Mr. Choudhary to act against both Khanal.

In general eyes, secretary Khanal are considered comparatively very competent, professional, bold, sound and ethical secretary among his existing colleagues. In public opinion, major political parties, constitutional committees, journalist, civic society, Civil Service related trade unions and other professional organizations must take special interest and pay timely attentions to look after the realty between the case of conflict of Finance Minister and Secretary.

The resignation of secretary Khanal will not affect Mr. Khanal personally, because there are the long list of offers are waiting in the international and domestic market for him. We learned that he has also agreed to join in a senior position of an international multilateral organization, if his resignation is accepted, he may able to be get millions of dollar per year that may be hundreds of times more than his existing income, but state will lose millions of qualitative and quantities values and productivities that are coming and about to come due to his outstanding working strategy and professional competences. So, perhaps we want to see him back as secretary of Government of Nepal.

Some analyst says that Mr. Rameshwar Khanal is not politically active as other secretaries are, but he has very intimate friendship and informal relations with senior leaders in all national parties who may provide all necessary political support. Specially almost all former finance ministers including UML leader Surendra Pandey, Dr Ram Sharan Mahat, Baburam Bhattrai etc. are all times supporters for Mr. Khanal.

Also, it is very hard for Bharat Mohan Adhikari to achieve even a consensus in his own central committees’ against the kick out behavior for Mr. Khanal from MoFA. The UML Leaders e.g. Nepal, Oli, Surendra Pandey, etc are all time supporter without reservation for Mr. Rameshwar Khanal. Similarly, Prachanda, Baburam Bhattarai, Krishna Bahdaur Mahra, Top Bahadur Raymajhi, etc are also not found against or dissatisfied with the finance secretary Khanal. In addition, Madhesi parties and its leader are also not against Mr. Khanal and has nothing to do with existing accused corrupt business persons. Mainly, Nepali Congress whole party will stand as back up for him. So it is very hard for Mr. Bharat Mohan Adhikari to save corrupt business person and kick out the finance secretary Khanal outside the Ministry of Finance. Some people believes that majorities cabinet members are in favor of secretary Khanal and have already expressed dissatisfactions against the biased and humiliating behavior of Mr. Adhikari towards secretary Khanal.

In conclusion, we want back Mr. Rameshwar Khanal as finance secretary, though we know that probably he is not coming to rejoin the resigned post.

Let’s share your views and opinions over the issues.

(The views expressed above is just a part of a systematic presentation of a random survey analysis of recent media reports and informal views of experts, and just produced for informal discussion in online groups and blogs, it does not reflect the views and opinions of the writer at all. Therefore, it cannot be used as proof for any legal or administrative action or official purposes.)

Nepal's Post-Conflict Reconstruction is Underway But in a Critical Phase

2011-01-02T22:24:00.001+05:30

By Krishna Hari Pushkar

The terminology post-conflict reconstruction was meaningfully and institutionally practiced after 1997. The world bank's research found post-conflict countries are almost always plagued by population displacements, damaged infrastructure, reduced productive capacity, devastated government revenue base, seriously weakened human and social capital, and greatly reduced security.

The post conflict reconstruction and peacebuilding in general understood in two different dimensions, one is called democratization and other is DDR (Demobilization, Disarmament and Reintegration). Additionally, Post Conflict Reconstruction and Development (PCRD) also deals with the security sector reform (SSR), and democratization, reconfiguration, restructuring, reconstruction and reinforcement (D-RRRR) of overall system and mechanism of government and state.

The world public sector report, 2010 highlights the main goal of peace and conflict reconstruction is to ensure peace and security, fostering social reconciliation and cohesion and promoting socioeconomic development. Therefore, on the basis of the goal, it is clear that it has greater influence and affiliation in over all post conflict management.

Officially the PCRD was started in Nepal on 8th of December, 2006, after comprehensive peace accord concluded between the Government of Nepal and Communist Party of Nepal (Maoist).
It covers the 10R of concerned sectors that are rescue, relief, return, revive, reintegration, rehabilitation, resettlement, reconstruction, reconfiguration and renormalization of victims.

The areas and scope of the theme PCRD cannot be limited in certain proscribed form. It can be enlarge and shortened in accordance with the situation of the nation and its people. So, it is almost open ended process within the post conflict-transitional situation of the any nation.

There are several problems and challenges are going on to enforce the PCRD in effective, efficient and successful manner. Firstly the, politicians and political parties are dishonorable to respect the comprehensive peace agreement. They are totally polarized and express serious differences to complete the peace process and constitution building process at its needy logical end.

The interim constitution of Nepal has also assured people for the restructuring of the whole nation including installment of suitable federal and inclusive system in Nepal. But the political parties have remained reluctant to come consensus on basis of design, develop, and content of federalism in integrated way.

The state is fragile. The governance system is weak and the country is suffering with massive scarcity of carrying and absorbing capacity. In this context, it is hard for the poorest country like Nepal to maintain one hand survival affairs and other hand additional duties and responsibilities towards PCRD without having necessary support from internal and external powers.

Currently people seem divided based on their communality. Everyone express its superiority. Nation Building and national unity is suffering with big crisis. There are several hindrances to transform diversity into pluralisms. People try their best to go in confrontation rather than compromise or consensus in accordance with the national interest and contemporary need.

The corruption, misuses, power centric performances are being high, bureaucracy is changing its form in beuropathology, and everything is being politicized except politics. All parties and its leader are ignoring the national need and interest.

People living in rural areas is about to die in absence of proper basic services and development. Gini value is saying the gap between poor and rich are higher day by day. The state is suffering with labour shortage, agriculture, industry, infrastructure development process are under unwanted delay due to absence of adequate laborers, working friendly environment etc. Social and family disintegration are still underway. Conflict affected people are traumatized and suffering with several psychological disorders, ill-migration, unemployment and physical trauma are high and remained unattained in several part of the state.

The many part of the state is suffering with new insurgency and communal ethno-regional conflicts in the name of several organized and unorganized groups. Therefore, there is nothing in order except the individual and family life of top class politicians. The PCRD has come under critical phase, though it is working in tortoise speed.

It is just something is better than nothing. Therefore, all political parties and its leaders should be united urgently in one platform with positive attitude to encounter the mentioned challenges and difficulties tactfully, collectively and systematically in scientific manner. With all of these, all ongoing efforts and supports of PCRD for productive and successful results in timely basis will be achieved.

Source: http://newsblaze.com/story/20110102073254abha.nb/topstory.html

Parliamentarians Raped the Interim Constitution of Nepal

2010-11-15T06:21:00.002+05:30

A committee of legislative parliament of Nepal named as "Committee on Natural Resources and Means-CNRM" has forwarded a complaint against Supreme Court Justice Hon. Grish Chandra Lal to the Parliamentary Hearing Special Committee-PHSC, Legislative Parliament of Nepal against its mandate and constitutional provision.

At present Hon. Justice Lal is a temporary Justice at Supreme Court of Nepal. The Judicial Council of Nepal has recommended him for the post of permanent Justice at SC on November 2, 2010, respecting and appreciating his continuous and long efficient, visionary, constructive, productive and highly professional performances. His worked has been proved mile stone and historic for rule of law and to establish good governance in the nation. He is very active, updated and rationally neutral personality.

Even though, the CNRM filed a communally biased complaint saying to PHSC not to approve the appointment of Madhesi justice Lal. The CNRM has accused Lal of issuing a faulty and ill-intentioned verdict in on several cases of Rhino poaching when he was serving as Chief Justice at the Hetauda Appellate Court. However, there are no proofs, study, or investigations included or presented or described to support the logics of CNRM. One of the most important thing is the said case is still under consideration at Supreme Court of Nepal, so constitutionally no one person or authority are allowed to comment on such " Sub Judice" case that can influence the judicial process of Nepal.

The Bar Association (national level professional organization of lawyers) in Hetuada, Judicial Council and even Supreme Court have been very clear after long and detail formal-informal investigations that there were no any ill intention verdicts issued by Hon' Justice Lal. He has done in accordance with the constitutional provision, practice, and principle and existing laws of Nepal. They are well satisfied, sources said that the decision was totally based on presented proofs, claims and others rational statement and related aspects of the case. Sources added the Justice Lal is very ethical, highly professional and more than capable to be a permanent justice of Supreme Court of Nepal. He is an exemplary judge and always remained sources of inspirations for mass population inside and outside the judiciary.

The Bar association has concluded the complaint of CNRM as constitutional violation; impunity and ill-intentioned complain that is totally baseless, illegal, sponsored and fabricated. Judicial experts consider the unfortunate action of CNRM as a constitutional rape. According to the Interim Constitution of Nepal, 2063(2007) article (60) Restriction on discussion: (1) No discussion shall be held in the House on any matter which is sub judice in any court of Nepal and on any judicial act done by a Judge in the course of performance of his or her judicial duties. But the CNRM did the acts against the constitutional provision. So experts said it is unfortunate and condemnable that constitution makers abused the constitutional provision. The CNRM has neither constitutionally nor legally any rights or mandate of such stochastic and irresponsible quetch.

Hon. Justice Lal belongs to a group of Madhesi community, which has been under exclusion, suppression, exploitation and marginalization since decades. There are several ongoing political conflicts and ongoing insurgency against the state of exclusion. Though, some of the anti-madhesi forces want to bar him to be a permanent judge at Supreme Court, besides it is almost impossible due to the excising to provision of Law. The whole madhesi community seems angry and feeling a kind of communal insult because of the false produced story against Hon. Justice Lal. All most all madhesi members of PHSC are mentally prepared to support Hon Lal without any reservation. The madhesi members of the committee will also take all necessary action if any anti-madhesi forces try to raise unconstitutional, illegal and unethical issue that bar the madhesi representative to be a part of supreme court. The leaders of Nepalese political parties including U-Maoist, Nepali Congress, UML, Madhesi Forums, Sadbhawana, Tamolopa, and others have fully assured to nullify such unconstitutional, illegal and ill-indented complain and there will not be any difficulty in PHSC committee against Hon Lal. They have also assured that such types of unfortunate action will not repeat by any parliamentarian in future too. They have expressed sadness and strongly condemned the sponsored and corrupt complain against Hon. Lal.

Source: http://www.opednews.com/articles/Parliamentarians-Raped-the-by-Krishna-Hari-Pushk-101114-683.html

Protecting the Powerless

2010-09-25T09:26:00.001+05:30

It is a great pride for us to know that Maiti Nepal founder Ms Anuradha Koirala: Protecting the Powerless has made it to the list of top 10 CNN heroes. She has been working in rescuing and rehabilitating the trafficked girls and women. She and her organization are globally very popular for their outstanding contributions to fighting against human trafficking. CNN, the reputed US-based international news channel, has been choosing people whose selfless contributions have brought about tremendous changes in the lives of poor and helpless people across the globe as its heroes for the past four years. On November 25, CNN will announce the winner of CNN hero from among the top 10 nominees on the basis of online voting. Therefore, I humbly appeal and request all of you to vote online as quick as possible in favor of her. She is really great!

You may go through the given link:

http://edition.cnn.com/SPECIALS/cnn.heroes/archive10/anuradha.koirala.html

Once you open the page you will see in right side of her picture there is link in Red Color: Vote Now, afterward please follow the steps and go till you click VOTE with asked security code.

Alternatively, you may open:

http://heroes.cnn.com/vote.aspx

After opening the page you will see her picture in forth from left side and second from right side, once you click in her picture, you will see at last her picture as your selection, afterward please put the displayed number and click VOTE.

I would highly appreciate if you could forward the email at least ten people who are your good friends.

I hope you will certainly vote for her.

I thank you in advance.

Sincerely,

Krishna Hari Pushkar

Under Secretary, Government of Nepal

Weak State: Foreigners Disobeying the Laws of Nepal

2010-08-02T06:20:00.005+05:30

(With special reference to Labour and Immigration Laws of Nepal)

By Krishna Hari Pushkar

In every country in the world, foreigners are required to have an employment permit from the respective government. If they do not consequences, such as immediate repatriation along with huge fines and imprisonments and even long term restriction in entry to the country can be implemented. In most of the country, the work permit is regulated by the joint mechanisms of the Labour Department and the Immigration System or something similar. Of course, the police is part of that, and a law enforcement agency can take immediate action if they find any foreigner working without obtaining the necessary labour/ employment permissions from respective authorities.

Nepal is a peculiar country in the world where massive numbers of foreigners have been working without obtaining necessary employment permit and appropriate visas. It is not limited to the private sector, but also in government-owned and popular multinational companies which have huge numbers of foreign employees against the provisions of Labour Law and the Immigration Law of Nepal. Massively, tourist visas and "not right visa" holders have found being employed by various government and nongovernmental sectors including hotels, restaurants, construction, and telecommunication, hydropower, banking areas and other systems of Nepal.

According to Labour Act, 2048 (1992) and Labour Rules, 2050 (1993), if a Nepalese citizen could not be available for any skilled technical post even after publishing an advertisement in a national-level public newspaper and journal, the manager may submit an application to the Department of Labour along with the evidence of such fact for approval to appoint a non-Nepalese citizen. If it is found, in conduction of an inquiry upon the submission of any application pursuant, that a Nepalese citizen would not be available for the skilled technical post mentioned in the application, the Department of Labour may, on the recommendation of the Labour Office, grant approval to engage a non-Nepalese citizen at work for a maximum period of up to five years not to exceed two years at a time and, in the specialized kind of skilled technical post, for a period of up to seven years. The manager who engages non-Nepalese citizens shall have to make arrangements for making the Nepalese citizens skilled and for replacing the non-Nepalese citizens gradually by them."

There is no concrete statistics on how many foreigners are working and being employed against the provisions of the Labour Law and Immigration Law of Nepal. It is estimated that more than fifty thousand foreigners are working and living illegally in Nepal without obtaining appropriate visa and permission from the Department of Labour. The Labour Law is equally applicable to all those foreigners who work in any factory, company, organization, association, firm, or group thereof, established under the prevailing laws for the purpose of operating any industry, profession or service where ten or more workers or employees are engaged ( Labour Act, 2048). But who cares?

Unfortunately the state is under transition and suffering with the dilemmas of a conflict /post conflict situation where everything is fragile. The state is not currently capable to regulate with impunity the foreigners and its employers.

There are rare histories and stories where Immigration, Police or Labour Departments' authorities have tried to regulate or monitor the issue. It should be the matter of concern for the Ministry of Foreign Affairs too, but no efforts have been found against such impunity of foreigners. Many times the media has reported that international criminals and smugglers have been using the territory of Nepal as their safe home since no productive regulation, monitoring, observation and surveillances are being used to manage the presence and activity of foreigners.

Unfortunately, in the port of entry or in diplomatic missions of Nepal, we issue visas to almost all foreigners without analyzing and assessing the applications and their backgrounds in most cases. Very often we do not verify the negative list that comes from the international or national security surveillances or intelligence system. In practice, we just issue tourist visas to all foreigners who seek to enter Nepal, no matter what their purposes are, and how long, and where and how they want to stay.

In most developed countries of the world, labour or employment permits are being obtained either by the employer or by the potential employee in advance as a precondition before applying for employment/work visa. And in some of the countries, the selected foreign employee gets a short term non-tourist visa in the port of entry or can obtain it from a respective diplomatic mission after furnishing all necessary documents. Afterward the visa gets extended after arrival once the employees or respective employers fulfill all terms and conditions and obtain employment permits and approval from the department of labour or similar authorities. In most of the countries immigration authority issues, like a renewal resident e-card, contains the information detailing the status of the particular foreigners, so they do not have to carry the passport and visa all the time.

In Nepal, there is pitiable coordinating among the respective authorities on the issue. The Labour Department, Immigration Department and other sectorial department and ministries rarely share and coordinate the information, or even use joint efforts to address the issues of disobeying and impunity of foreigners that would compel them to respect and follow the laws of Nepal.

The national security mechanism, including the Chief District Officer, Nepal Police, and National Investigation Department are also among accountable authorities to control and manage the unlawful acts and presence of foreigners, but these are not effective and never come into action against the foreigners till they commit serious crimes or are involved in aggressive public demonstrations, activities and issues of public interest that affect the public and nation on a massive level.

It is neither the employer nor the foreign employees in Nepal themselves who are serious about Immigration and the Labour Law of Nepal. Some of them don't even know about the laws. Additionally, there is also corruption, manipulation and irregularities that exist in the system that empower and gives courage to foreign employees and their employers in Nepal to ignore the spirit and provisions of the law.

Also, the law is itself faulty in a sense of clearness and procedural aspects. These laws can be easily manipulated, defined and executed in accordance with the discretion of authorities. The respective law enforcement authorities cannot execute it properly because of lack of resources, trained human resources, ICT, and scientific service delivery culture. So, the government should immediately address the problems and difficulties by arranging joint efforts for betterment, effectiveness and efficiency of these laws and the concerned authority.

Some immediate actions are essential; first, the government should instantly issue a public notice describing the provisions in terms of appropriate visa and labour/employment permissions along with times detailed. Secondly, a joint operation team can be formed containing the representation from necessary law enforcement authorities that need a massive operation in various sectors and geographical areas of Nepal especially in potential sectors and areas where foreigners are illegally and irregularly employed. Indeed, the Department of Immigration and Department of Labour should start regular and strategic inspections and monitor work to check and control illegal and irregular activities and the presence of foreigners. The employment/labour permits should be made mandatory before-hand to issue or extend visas for a particular period. By Law, both employees and employers should be made equally responsible for the labour/employment/permit and appropriate visas.

Furthermore, the Department of Immigration, Ministry of Foreign Affairs and Department of Labour must share the detailed information on the presence and job activities of foreigners who are employed or seeking to get employment in Nepal. At the end of the every year, the Department of Immigration and Labour should produce a yearly report describing in detail the employers who have recruited foreigners and also about the foreign employees themselves, their work detail and how long they are in Nepal under the definition of employment.

The horrible trend should be controlled immediately; otherwise it will be a threat on governance systems, the socio-economic situation, national security, sovereignty, and the financial system. Therefore, the government should immediately get rid of any disobeyers of the law. However, in the long-term, the Government of Nepal needs to form a team or commission of experts to review, revise, restructure and improve the overall system of Immigration and Employment Management of foreigners in Nepal.

Source: http://newsblaze.com/story/20100801122441abha.nb/topstory.html

UNMIN's Reintegration Plan is Under Fire in Nepal

2010-07-11T20:32:00.003+05:30

Krishna Hari Pushkar

The United Nation Mission in Nepal (UNMIN)'s has imported and now introduced a sixty weeks reintegration plan for ex-Maoist Combatants in Nepal. It has come in a crucial strategic period and political transition period of Nepal. The UNMIN is being accused that it has been working against its mandate and favoring particular political powers and ideologies. Often, UNMIN tries to intervene in domestic political affairs, which crosses its limitation. In the past, the chief of UNMIN was about to be declared Persona non grata. Today, Nepal has just a caretaker government and is suffering from political limbo. As many of us know, the ongoing political escapades in Nepal are not favorable for an effective and successful implementation of a comprehensive peace process and related plans.

The "Reintegration Plan" of the UNMIN has come as a nasty surprise for domestic peace stakeholders, because the plan was supposed to come after political consensus and proper homework - respecting the aspirations and needs of the nation. It did not, however, come in the right time, right manner, right way and by the right authority. It is nothing special, just a way to please donors in the community; to allow the UN General Secretary to be safe; and to sustain both his job and the life of UNMIN in Nepal. It is an open secret to all that the ill-fated plan cannot work for reintegration.

Naturally, the plan has come under serious dispute and has been straightforwardly rejected by the head of the Government and its coalition parties, which should be regarded as a major fault of the plan. On the one hand, the Prime Minister Mr. Nepal has already threatened UNMIN against its so-called reintegration plan and on the other hand the Maoist has also expressed its strategic discrepancy by developing its own party's reintegration plan. On the other side, the ex Maoist combatants and other stakeholders including civil societies, private communities and general citizens are also not happy with the plan. Its simple--no one is happy except the employees and allies of UNMIN.

There are lots of problems with the plan. First, it sounds like its prepared in an academic manner, ignoring the sensitivity of local socioeconomic and political scenario. It seems the plan is designed and developed by those experts who are aware about the literature and story but not about the facts, local context and relevant contents of Nepal.

Secondly, it has no participatory planning characters that are must for any reintegration plan. Third, it has neither sustainability measures about the plan nor is it owned by government or the particular authority e.g. state/executive or parliamentary committees, civil society, local government or any authorities that are directly supported and authorized by the government. It is because the government is the only authority who has ultimate and final accountability to manage and deal with pre to post phases of reintegration and to entire processes with its citizens. It is not just a matter of peace and politics--it has to do with national and internal laws too. Furthermore, it is also true that the UNMIN has not worked properly in profiling and opportunity mapping areas that are a must for any successful reintegration plan. Thus, the locals in Nepal consider the aired reintegration plan as an authoritative/interventional course of action.

In my observation, UNMIN and respective outsiders should pay more attention and need to be careful about its given mandate and legitimized role. They should understand "reintegration" is not like distributing food packets or organizing seminar projects. The reintegration is related to the past and the long term future of the nation’s people, as well as its peace, polity, and governance related affairs.

It has broader areas and scope, which has a lot to do with political consensus and agreements. So, they must attempt to work on a pre-policy impact assessment approach and must use the conflict sensitivity analysis while working on such crucial plans, policies, programs and projects in such a conflict-affected fragile country like Nepal, which is a among the poorest countries of the world. It is on the one hand a post-conflict nation and on the other hand it has severe ongoing arm ethno-regional-political insurgencies in various parts of Nepal. The reintegration plan has direct relations and links with other ongoing insurgency groups and its insurgents' arm group, so it need be clarified before to introduce such policy and plan. Though, UNMIN has not yet presented any strategy to address the issue in their so called advertised disabled reintegration plan, which is unfortunate one. UNMIN must know that any reintegration plan should not undermine the contemporary sociopolitical situation or the sustainability of its long term management while introducing the reintegration plan.

Sadly, the UNMIN has failed to recognize even the existing and potential actors of reintegration. The UNMIN deliberately failed to consider the importance of, or to coordinate with the various stakeholders in different layers. Therefore, the UNMIN must correct its roles and activities regarding the reintegration of ex combatants in Nepal, otherwise, such plans could add more political tension and confusion over the peace process in an upcoming day in Nepal. The poorly designed reintegration plan may push the nation into further conflict and political polarization. It could stymie the entire ongoing peace process. Of course it would be vexing to bring the peace process into its logical end.

Any plan from the UNMIN that may assist the mismanagement of ex combatants and their future should not come into the nation. The UNMIN has no rights or authority to play with the future of the nation and its citizens. The time will come soon where the state will get stronger, and will be compelled to take action against the UNMIN--and declare their officials Persona non gratae, if they continue such activities in the upcoming days.

Source

Government in Nepal: Consensual Vs Majority Party?

2010-07-11T20:13:00.003+05:30

By Krishna Hari Pushkar

The Nepal peace process is in Limbo. On the one hand the resignation of Prime Minister Madhav Kumar Nepal has been accepted by President Ram Baran Yadav on Wednesday 30 June.

I am not sure if it is just a part of the agreement dated May 28 where Nepal's major three parties had arrived at a Three Point Agreement: (1) To bring a logical end to the peace process and accomplish the historical goal of drafting the New Constitution, we hereby commit ourselves to accomplish our duties in consensus and unity. (2) We agree to extend the tenure of the current Constituent Assembly by a one year period to accomplish the remaining tasks of drafting the constitution. (3) To accomplish the above-mentioned jobs and responsibilities we agree to form a National Unity government in consensus and assure that the prime minister of the current coalition government is ready to tender his resignation prior to extending the Constituent Assembly tenure by 12 more months.

Most of the nonpoliticians are agreed that the resignation was a necessary part of the internal pressures where the CPM - UML party and its leaders had put huge pressures on primeminister Mr. Nepal to resign immediately--he was also facing open humiliation from his own political kith and kin. Of course, there were huge pressures from the Maoist Party too but it was not as effective since he did not even resign while the Maoists called general strikes and with many other stronger democratic and non democratic pressures (including the halt of the protest in the parliament, etc). It is very sad to illustrate that the Mr. Nepal-led coalition government was under trouble all the time due to the opposition of the Maoists, so the Government was unable to perform their routine duties and responsibilities properly. Besides there have been little but productive achievements in the ongoing peace process of Nepal in work related to DDR.

The constitution building process could have been completed in due time but it did not happen due to the noncooperation of the Maoist's and their continuous massive opposition and protests.

Honestly, the Maoists party did not even recognize the Mr. Nepal-led government, so they did not want to be cooperative in any level or with anything having to do with the Government (besides the frequent asking of the quick resignation of Mr. Nepal). The most important issue was that the Mr. Nepal-led government was constituted in support of 24 parties of Nepal, and apx 22 were supported until last. The PM suntil has tge majority in the parliament but he had to resign anyway. This may be considered one of the most destructive demerits of the transitional democratic practices.

Indeed, the letter and spirit of the Interim Constitution of Nepal and the Comprehensive Peace Accord of Nepal encourages the multi-party consensual government.

The Interim Constitution and the Comprehensive Peace Accord of Nepal stress that the national consensual government is a precondition to bring about the ongoing peace process to a logical end and to complete the constitution building process in due time. However, very few of the political parties are actually serious about either of these issues.

They have started to practice an approach which has become deeply unfortunate for Nepal. Now there is a race between the parties who all want to lead the work under their own primeministership (which is not feasible at any cost because the country has only a one prime minister constitutional system). In order for the work to be don, Nepal would need at least 24 prime ministers--otherwise they will not be able to come to a consensus!

Because of the forced resignation of the Mr. Nepal-led multiparty government, there is now chaos and several disturbing confrontations to decide who will be the next prime minister of Nepal.

There are three major parties that will most likely play a crucial role to decide upon the upcoming government. The biggest one is the Maoist party; they have two candidates for Prime Minister (Mr. Pusp Kamal Dahal and Dr. Baburam Bhattrai), however there seems to be no common consensus or actual support of these particular candidates.

Similarly, the Nepalese Congressional parties have two major candidates (Mr. Sher Bahadur Deuwa and Ram Chandra Poudel) but they also have a similar situation to the Maoist candidates.

The next candidate in line is CPN-UML, whose Prime Minister Mr. Nepal was just forced to resign, and now the president Mr. Jhalnath Khanal wants to claim this primeministership--but his candidacy is not accepted by either internal and external powers.

Also, a small party Madhesi Janadhikar Forum Loktantrik, whose president Mr. Gachhedar, is also raising strong voices for his candidacy in primeministership.

India, China, and America have an especially strong influence and strategic power in terms of constituting this new government, so it won't enough to get just domestic support, but particular parties and candidates will also seek strong support from the above-mentioned international community.

In preliminary observation, there is a little hope for the Maoist leader Dr. Baburam Bhattrai, because in order to win, he must gain anonymous support from its party, which is not an easy job because his party's president Mr. Prachand has a strong grip in his party's central to local command. On the other hand his party president has already announced his own official candidacy for primeministership.

According to the media reports and informal sources both Mr. Bhattrai and Mr. Prachanda do not have a harmonious relationship with each other and also have been found to differ in working and understanding the policies of Maoism. There is a serious rivalry that has existed for a long time between both candidates. Secondly, other parties won't support any Maoist leader for primeministership until they complete their previous commitments and agreements regarding reintegration of ex Maoist combatants, dissolution of the Young Communist League, free and fair return of seized and captured public and private properties to their original owners, honest and unconditionally obeying the comprehensive peace agreements and its related policies and practices. These have emerged as the biggest challenges facing the Maoist leader.

Concerning Prachanda, he also has similar difficulties like Bhattrai has. In addition to this, India and America have become strong opponents against him. According to media reports, India believes he supports and bears strong allies with Indian Maoist insurgency groups where hundreds of people have died during the ongoing bloodshed guerrilla warfare in many parts of India. There are many that believe Prachada's party has been supporting and helping to build an insurgency strategy, including protecting and training Indian insurgents and supply logistics etc. However, it has yet to be proven since the Government of India has not yet been able to present any proof for such allies for now. So in the meantime, Indian forces use all possible efforts to pull the Maoists from power.

Concerning America, now India and America have strong and similar ties on contemporary politics of Nepal. Suntil Maoists are on a list of suspected terrorists in the United States, and Maoists play a very different card with regard to Tibet against the interests of the US, and the US believes Maoists are in favor of Chinese strategies that are not attractive at all to the US.

Although Maoists have gained favorable supports from Scandinavia and mild support from other Schengen countries (but UK has similar interests to the US). China is also a strong power but they have a vested interest in promoting communism in Nepal but have not openly promoted any particular communist parties of Nepal. China is found mild in domestic intervention in comparison to India.

There is also a crisis of trust over the Maoists. Most of the Nepalese political parties and international community accuse Maoists as always being ready to building and make all kinds of consensus and agreements but they never put them into practice, intentionally failing in implementation. Manipulation seems to have become their manner.

Despite the illustrated facts and arguments, it is clear that the ongoing peace process and constitution building tasks cannot be performed properly without meaningful participation and contribution of the Maoists. So, they must be cooperative and should be a major pillar of government as well as part of the constitution assembly. Also, there is a sturdy voice from the Maoist party that for them, a logical end of the peace process and constitution building will not be possible until they get primeministership. So, it is a really difficult situation for Nepal.

Concerning the candidacy of Mr. Poudel and Mr. Deuwa for prime minister, the party has been suffering with highly infected groupism, with no common consensus of its candidacy. There is a massive mutual disagreement against each other inside the central command of party. Besides, Maoist leaders as well as the UML is not ready to support and participate in the Government under a Congress Party's primeministership since both the leader's personalities and their working styles are believed to be not good enough or capable to lead the party and the nation too. Although, Mr. Poudel has a back up from India and Europe, and Mr. Deuwa has a good back up from America, the UK and also a soft corner from China side. In addition, small parties like the Madhesi Janadhikar Forum are also raising its candidacy but it neither has clear support from big parties nor from the international community.

In Nepal, generally people and nationalist politicians are in opposition to any alternatives that again provide possibilities of majoritian government. Now everyone is clear that the majoritian government is not capable of achieving the national motto and goal of peace and constitution building. People have experienced past practices where Majority government was unable to deliver even the minimum level of peace and constitution.

So, the people will be extremely unhappy to see the "old win in a new bottle". People have warned the politicians and parties that they can do whatever they want, but they need both sustainable peace and an efficient homegrown constitution in due time. In the meantime, both expectations are not possible until all political parties come to the common platform and constitute national consensus government with single voices about the successful execution of the comprehensive peace accord and constitution building.

Thus, to address the above described ongoing dilemmas, the Nepalese political parties need to design its strategy in different ways than previously. There was a past experience where major Nepalese political parties agreed to accept the guidance and command of the government and constitution building process through the High Level Political Mechanism (HLPM). The mechanism was entrusted with taking the ongoing peace process to a logical conclusion, helping draft the new constitution within the stipulated date and ending the protracted political deadlock. However, it has failed to achieve even the minimum goal and objective of the HLPM. The causes behind its failure were technical difficulties in poor coordination and disputable correlation among insider and outsider forces of government and parliament/constitution assembly. So, a redesign and correction of past mistakes could be a valuable asset to address the existing problem. The top political leaders, especially the chief of the major largest parties may be represented in the restructured upcoming HLPM. However, they must build a SMART Comprehensive Political Accord (CPA) before constituting the new HLPM. In addition, all respective parties and stakeholders must agree to enforce the aforementioned three point agreement without any condition and delay, which are crucial to accelerating peace and the constitution building process in Nepal.

Of course, there should be a clear provision in both the constitution and distribution of cabinet portfolios based on expertise and practical capabilities of a particular representing person. The prime minister, defense minister, finance minister, home minister, foreign ministry and peace minister must be from different parties and they should obey all the suggestions, advice and instruction that are given by the decision of HLPM, which is perhaps a basic prerequisite in transition for an efficient common consensual government. There should be also be a clear consensus on representational issues. Diversity and gender issues also must be addressed in upcoming HLPM as well as in government structure.

Naturally, the largest party should get a chance to be prime minister first; afterwards the rest will come and get places respectively in accordance with their size and strength. If possible, the upcoming government should minimize the number of parliamentarians in cabinet. It is always good to have different representatives in different state wings (legislative, executive and judiciary) which make sense while taking into practical consideration the theory of "power separation and balance." These tools can also force the legislative and executive bodies to be more specific and concentrated in their assigned tasks and responsibilities.

Therefore, the contemporary scenario of Nepal wants a consensual government, not a Majority Party government which has already proved to be a failure to meet both the present and future needs of Nepal, so political parties must be able to provide the broader roadmap for upcoming multiparty national consensus government within the assigned deadline. Also, the nation requires two different high level powerful political apparatus under the command of HLPM who can work until successful achievement of sustainable peace and constitution in Nepal.

Government, as well existing parliaments, should also think and address the necessary dilemmas of DDR, SSR and RRR. The peace process and constitution writing responsibilities cannot be achieved successfully until management of armies and arms comes to its logical end with common consensus and cooperation.

Eventually, the issue of consensual government has become a principal need for Nepal, but it seems almost impossible due to the hoggishness and infighting of political leaders and parties. So, all stakeholders must use their position with all accessible and concerned parties and its leader to come up with a consensual government--which is what the people want after all.