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REVIEW | Inconvenient truths (In a nutshell, only the Dixit company knows Nepal like no one else does...my a**)

2011-04-27T17:42:00.000-07:00

Provocative new book is for pluralism and against populism

KUL CHANDRA GAUTAM

FROM ISSUE #550 (22 APRIL 2011 - 28 APRIL 2011) | TABLE OF CONTENTS

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Peace Politics in Nepal: An Opinion from Within by Kanak Mani Dixit|Himal Books|300 pages|Rs 480

In his new book Peace Politics in Nepal, Kanak Mani Dixit captures much of what his earlier Nepali book, Dekheko Muluk, contains, but adds some new chapters and updates developments of the past year for the benefit of English speaking readers, particularly for our friends from the international community who take much interest in Nepal.
Dixit is not a diplomat. His language is blunt and straight-forward. He dares, and even relishes, to speak truth to power and
populism. For some of us--scholars, intellectuals and diplomats included--who are trained to be politically correct, sit on the fence and play it safe, his new book, Peace Politics of Nepal, makes uncomfortable reading. This book may as well have been titled Inconvenient Truths of Current Nepali Politics.
Dixit is often portrayed as a part of the Kathmandu elite, an upper-class, upper-caste Bahun, strongly anti-Maoist, perhaps a little right-wing and a status quoist. What you see often depends on where you stand. That caricature of Dixit may be accurate if you see Nepal in simple, black and white terms: as being sharply divided between feudal, conservative, counter-revolutionary stooges of imperialist, capitalist, foreign-agents dominated by the upper-class Bahun-Chhetris who purposely and deliberately dominate, oppress and conspire to perpetuate a deeply unjust, unfair, discriminatory and oppressive system against the poor, the marginalised, the deprived and you feel that you can only change it through revolutionary violence and radical restructuring of the state.
A logical corollary therefore would be, as King Mahendra said in justifying the Panchayat regime, that Western-style liberal democracy is unsuitable to solve Nepal's problems. Dixit, however, argues that it was precisely the open society, political freedoms, respect for pluralism of views that multi-party democracy of the 1990s allowed and encouraged that enabled us to bring to prominence the issues of the deeply entrenched disparities and discrimination, inequalities and injustices. It even allowed the freedom for a radical Maoist movement to rise in Nepal, at a time when Communism was collapsing all over the world. Democracy takes time to evolve and correct its own shortcomings. Dixit argues that the infant and imperfect democracy of the 1990s was not given enough time.

The populist thesis in vogue in Nepal right now, and one that seems to be subscribed even by some diplomats and donors of Western democracies, is that the 1990s Nepal experience in democracy was an utter failure. Dixit asks us to look at some of the successes of the 1990s before the Maoist insurgency derailed them.
Knowing Dixit has a reputation for being a little partisan, I read the manuscript carefully to detect how his partisanship manifests itself. And yes, I can confirm to you that indeed Dixit is very partisan. He is unapologetic and biased in favour of non-violence, liberal democracy and pluralism, which many of us would not find as big sins. He has a gripe against many members of the international community who do not have a deep enough understanding of Nepal's complex history and subscribe too easily to the populist characterisation of Nepal as so deeply divided by entrenched caste, class and ethnic divisions that to solve such problems, Nepalis should be prepared to accept, at least temporarily, some radical, less than fully non-violent and undemocratic solutions which they would not accept in their own countries.
He sees diplomats, donors and consultants of many Western countries, even some UN officials as having a rather romantic view of the Maoist agenda for social change. He faults the analysis contained in reports of organisations like the International Crisis Group (ICG) as showing a subtle bias that castigates the NC and UML as status quoist, and the Maoists as the true agents of progressive change.
I must say, when I was myself at the UN, I used to rely heavily on reports of ICG, the Carter Center and the UN to better understand what was happening in Nepal. These are all institutions that I respect deeply. On the whole, I continue to find their analysis solid and serious. So let me suggest this â€" for those who rely heavily on their reports, it would be beneficial to have Peace Politics of Nepal handy to consult as a counter-check and to provide some context. Every chapter of this book is interesting and insightful, and easy to read. I recommend that you read it with an open mind.
I want to say a few words on three chapters: one that made me really sad, one that I found very courageous and revealing, and one on which no matter where we stand on the ideological spectrum, we would all agree if we think of ourselves as just human beings with human empathy.
The chapter that made me really sad was the one dealing with the UN Mission to Nepal (UNMIN), which Dixit rather unkindly titles "Uncivil Mission". As someone with a long association with the UN, my natural instinct was to disagree with Dixit's harsh judgment of UNMIN. But, it must be said, UNMIN was not as conducive to pressuring the Maoists to give up violence and intimidation, to convince the other parties that it could be counted on to firmly stand on the side of democracy, and that its reporting would provide the most objective basis for the Secretary-General and Security Council to understand Nepal.
Kanak makes some sweeping remarks about UNMIN's bias, but does not quite document it. I would commend to you a Note Verbale that the Permanent Representative of Nepal circulated to members of the Security Council last year documenting point by point how the report of the SG and the statement introducing it by the SRSG was biased and inaccurate. Coming from a very seasoned professional diplomat, it was an unusually blunt and bad indictment of the SRSG's analysis. Dixit also alleges that the UN's Department of Political Affairs was very dismissive of all views that were critical of it and of UNMIN. I saw this in a very curt letter that was written on behalf of the Secretary-General in response to a joint letter by four former Ministers of Foreign Affairs of Nepal. Knowing the Secretary-General personally, as I do, I can tell you the S-G would have shown greater respect for those Foreign Ministers if he were asked to personally clear such a letter on his behalf. So sadly, even if I like to disagree with Dixit, and I do so in some of the choice of his words, I do agree with the substance of his critique of UNMIN.
In the chapter on federalism Dixit dares to address an issue which most sophisticated Bahun-Chhetri intellectuals consider taboo for fear that it will draw the wrath of the advocates of ethnicity-based federalism. As we know, of all the subjects on the drafting of the new Constitution, none is more emotionally charged than the issue of federalism. While fully supportive of economically viable federal structure that ensures greater inclusiveness and better representation of marginalised groups, Dixit questions the rationale for ethnic Bantustans.
There is a lot of hypocrisy on the discourse on federalism in Nepal. Many leaders â€" including some Maoists, and not just Bahun-Chhetris but many thoughtful Madheshis and Janajatis, privately tell you that they do not consider ethnic federations or Ek-Madhesh-Ek Pradesh as a sensible idea, but they keep mum in public. Dixit is to be thanked for opening up this subject for a thoughtful, dispassionate debate which is what we need, on all subjects, in drafting a national constitution.
The book argues that Nepal's peace process cannot be considered complete so long as the thousands of victims of conflict do not get justice. There is a real fear, Dixit argues, that both the Maoists and the Nepal Army would rather that we "forgive and forget" the terrible atrocities committed during the conflict.
This is an issue we must look at from the victims' perspective, not that of their victimisers who will find many reasons to justify their actions. Instead of "forgive and forget", Dixit argues, "forgive perhaps, but investigate, prosecute, and never forget" should be our message to both Maoists and our national security services. Beyond "Truth and Reconciliation" , we must go on to genuine help for the rehabilitation of the victims of violence, and a massive post-conflict reconstruction and development that will help Nepal recover from 15 years of economic stagnation. That has been the real curse of the "People's War" and response to it, of which all of us Nepalis have been victims.
In the last chapters of the book Dixit concludes on an optimistic note that in the end the Nepalese genius for finding sensible solutions will prevail, and we will have a progressive, democratic constitution. But he worries about some continuing, undemocratic revolutionary romanticism. And he insists that the new constitution must be an advance from the 1990 constitution, and not a further regression. He worries about some continuing, undemocratic revolutionary romanticism. He insists that the new constitution must be an advance from the 1990 Constitution, and not a further regression.
When reading that, I said, "Come on, Kanak, is there a real fear that we could have a less democratic Constitution than that of 1990, after the great people's movement and revolution we have gone through? You must be kidding!" Then I re-read the 1990 Constitution, juxtaposing it with this draft "Constitution of Peoples Federal Republic of Nepal â€" 2067" that was presented by the UCPN (Maoist) as containing the most progressive ideas for a 21st century "Peoples" constitution. And yes, I can see that, God forbid, it is possible for us to go backwards even as we recite progressive slogans.
Then, just for comparisons sake, I went on the internet and read the 1998 Constitution of the Democratic People's Republic of Korea which I found very revealing. Let me quote a couple of articles from that Constitution:
- Article 66 says: "All citizens who have reached the age of 17 have the right to elect and to be elected irrespective of sex, race, occupation, length of residence, property status, party affiliation, political views or religion".
Wow, although I have been to North Korea many times, somehow I had missed that it allowed different party affiliations and political views ….
- And I quote article 67 that says, "Citizens are guaranteed freedom of speech, of the press, of assembly, demonstration and association. The State shall guarantee conditions for the free activity of democratic political parties and social organizations".
Please note, North Korea too apparently allows multi-party system, provided they are "democratic", as determined by the ruling vanguard Party, of course. This is the danger I see in a multi-party system suggested in the UCPN(M) draft, without the acceptance of pluralism. We cannot really address issues of social justice, equity, inclusion and all the other advances we seek in our new Constitution, in a sustainable manner, if we do not accept pluralism.
I hope this book will inspire us to strive for and insist on, a model of New Nepal that seeks both socio-economic justice and political freedoms, in a non-North Korean style and substance.

Kul Chandra Gautam is a former Assistant Secretary General of the United Nations and this review is adapted from his presentation at the launch of the book, Peace Politics in Nepal, on 19 April.

http://nepalitimes.com/issue/2011/04/26/Review/18125

2011-04-24T04:14:00.003-07:00

04-05-2010 20:31

Forbidden Book Haunts Truth Commission

The cover of the banned book.

By Lee Tae-hoon
Staff Reporter

The president of Korea's truth commission is facing a lawsuit due to his controversial decision to stop the distribution of an English-language book that summarizes a dark chapter in the country's modern history.

Translators and Mike Hurt, the final copyeditor of the book, told The Korea Times that they will file the suit on April 25 against Lee Young-jo, head of the Truth and Reconciliation Commission (TRC), for defamation with the help of a lawmaker who used to work for the TRC.

Lee stopped the distribution of "Truth and Reconciliation: Activities of the Past Three Years" due to alleged translation errors, but the people who worked on the book disagree, saying their honor has been violated by an apparent act of political censorship.

Upon his inauguration as the commission's new president last December, Lee ordered the halt of production of the "poorly translated" report published under the former chief commissioner, Ahn Byung-ook, who is perceived as a liberal.

Lee flatly denies the growing allegations that this was politically motivated or due to ideological reasons, but questions linger as his explanations appear to be self-contradictory.

Observers say the upcoming legal case will exemplify the challenges that the nation faces not only in acknowledging the truth, but also in reconciliation between those who have different views.

Uncomfortable Truth

Lee claims that the book was put together in a hurry ahead of the former TRC president's visit to Latin America in 2008, and its poor English translation has always been an issue from the date of publication.

However, commission officials told the paper that this was untrue as the book was published in March 2009 when Lee was serving as a standing committee member of the commission. They claimed that Lee not only called for a postponement of the book, but attempted to prevent its publication on ideological grounds.

"When Lee was a commissioner, he signed the official document to approve publication of this book. He did make verbal complaints about the English, and so I asked him to give me specific instructions regarding any corrections," a translator said.

"However, he never pointed out any specific examples of incorrect English, though he had three months to do so."

He suspects the translators and editors have become the victims of an ideological conflict, saying Lee told him in October 2008 that he disagreed with the view of the then-TRC's head, Ahn.

"I replied that it was fair enough to have a different view, but that, as I was just a translator, he should make his objections to Ahn directly," he said.

"However, Lee never said anything about this to him. Then, as soon as Lee became head of the commission, he banned the book."

Michael Breen, a former correspondent for the Washington Times and chairman of Insight Communications, also concurs with the translator, saying, "If Lee has a problem with the English only, he could have had it re-edited by now."

Erroneous Denials

Lee denies the claim that the ban was an attempt to conceal the former liberal government's efforts to uncover disturbing facts.

The latest newsletter of the TRC also states that the ban is not because of a problem with factual errors or ideological conflicts, but due to its substandard English, which "affects the reputation and credibility of the state-run body."

"Throughout the book, very basic grammatical mistakes, such as subject-verb and tense disagreements, singular/plural errors, and wrong article use, as well as syntax errors have been found along with awkward expressions and constructions," the March-April issue read.

It also points out that the Sydney Morning Herald's article, "Truth in Danger in South Korea," was misleading, saying the TRC's 215-page publication was a booklet, not a report.

When asked on what grounds the commission concluded that the book should be withdrawn from circulation, Lee Ok-nam, director of public relations at the TRC, answered that it was on the basis of an evaluation done early this year by a native English speaker copyeditor.

However, Benjamin Applegate, deputy editor at the JoongAng Daily, who took the job, told the paper that he did not make such an assessment for the commission, though he made a summary of the errors he found in the book.

"My work was intended to be used to help correct those errors, and that is the only purpose I had in writing it," Applegate said. "I was not asked to evaluate whether I believed the book was good enough to be published or not."

Unfair Scrutiny

Hurt, an editor of the book, worries that if the quality of the English in the publication is considered unacceptable, the government will use this excuse to hinder freedom of speech and screen out unpleasant information.

He also believes that, should the "sudden dedication" to the quality of English be applied to the rest of government documents and Web sites, some 80 percent of them would have to be pulled immediately.

One may say most of the documents that Lee, the Harvard-educated president of the TRC, has produced for the commission in English should also be banned, if such a high standard is to be applied.

When the paper analyzed a document, "Democratization and Transitional Justice in South Korea," that he had produced for a lecture in London in March last year, it appeared that he had difficulty in differentiating uncountable nouns with countable ones as seen from "criticisms," or "voted truths."

When asked what measures he would take to improve the quality of the commission's English-language reports, Lee said he would consider outsourcing the work abroad for cheaper but better quality translations.

In contrast, TRC officials acknowledge that the quality of the translation of the disputed book is considerably higher than other government publications, given that it was proofread numerous times by three native English speakers, including Hurt.

Their pay was also nearly three times higher than the standard rates set for government document translation to ensure its quality.

"I'm not involved in the politics, nor do I want to be, but I will say that the documents I helped proofread was one of the best translations I've ever gotten," Hurt said.

"As a professional proofreader and sometimes translator for the Korean National Commission for UNESCO for five years, this was one of the best written and fluidly expressed documents I have ever come across in English."

He said that there were very few major mistakes to correct, and that the amount of corrections required was no higher than that of proofreading academic work written by a native speaker of English.

"I can't comment too much on the translation aspect of this job, however, claiming that the English was incorrect, or poorly written, is simply not true. The final document that I saw was a professional piece of well-written and academic English."

Another proof reader of the book, who also has more than five years of experience in editing and proofreading, is on the same page with Hurt.

"As a proofreader, I think the English proofreading and editing is accurate. I reread each article or piece three-four times," he said.

"In total, this book was probably proofread nearly 10 to 12 times before it was finally released."

Failed Reconciliation

Some suspect that the translators and editors have become scapegoats for the political aims of Lee. He has told the paper that he gained the "passport" to become the minister-level commissioner for being mistaken as a member of the conservative New Right Group.

Lee, who claims to be a middle-of-the-road scholar, said that there will be no reconciliation with the ones who have accused him of censorship.

However, the TRC head said he may consider distributing the remaining 800 copies of the book by the commission, or posting it online with an additional statement that offers an apology for the incorrect English.

Meanwhile, Breen, author of the book "The Koreans," points out that while the English could be polished, the problem with the book is the content not the style. He had no doubt that the new president wants to rewrite the book because of its leftist and nationalist bias.

"Any document which is making very serious allegations needs to strip out emotion, avoid labeling people, and maintain a strict adherence to verifiable facts," Breen said.

He said the authors of the report are very aware of this accusation but don't seem to have made much effort to avoid it, as can be seen from the first chapter.

"When it says '... revisiting and clarifying historical events surrounding colonialism, Fascism, and massacres, which constituted the darker side of 20th century history,' my first thought was, he missed out communism," Breen said.

He also pointed out the problem with nationalism, saying it places greater importance on independence than on democracy and the rule of law, while ignoring the reality that it makes no difference to the oppressed if your oppressor is native or foreign.

"It says, 'Throughout the 20th century, Korea's history was marked by oppressive governments and hardships beginning with Japan's invasion and subsequent colonization of the country in 1910,' suggesting that Korea was fine before the Japanese arrived, when it wasn't."

Andrew Salmon, a correspondent for The Times, pointed out that 21st century Korea is still an ideological battle ground, saying, "The question facing the commission is whether it can staff itself with professionals whose personal ideologies do not affect their work."

Nevertheless, Salmon underlined that the publication ban should be lifted.

"Personally I believe the work of the truth commission should continue. Uncomfortable as it may be, the truth should be out."

An Excerpt From the Banned Report
(Chapter 1, Unedited)

I. Historical Background of Korea's Past Settlement

The issue of revisiting and clarifying historical events surrounding colonialism, Fascism, and massacres, which constituted the darker side of 20th century history, is being controversially discussed around the world.

With such international attention focused on the ongoing settlement of the past, Korea's own efforts extend beyond one nation and emphasize to the world the importance of settlement.

The experiences of Germany, South Africa, Spain, Argentina, and other countries provide guidance for Korea's past settlement activities. In turn, Korea will also provide lessons to other nations confronting similar issues. The country's history of suffering under war, imperialism, a series of dictatorships, and finally its successful democratization can be particularly notable in the progression of world history.

Throughout the 20th century, Korea's history was marked by oppressive governments and hadships beginning with Japan's invasion and subsequent colonization of the country in 1910. After its liberation in 1945, the Global Cold War created ideological confrontations that divided the Korean peninsula into the Sovietsupported North and the U.S.supported South. This eventually led to the Korean War and transformed the center of the peninsula into one of the most heavily militarized regions in the world. While an armistice exists, tensions continue to this day.

During the escalation, ideological confrontations prompted conflicts which resulted in executions to serve the political causes of each side. In South Korea, a civilian upheaval toppled Syngman Rhee's government in 1960.

The following year, Park Chung-Hee, a military general, staged a coup. Park's hard-line authoritarian rule was marked by notorious human rights abuses which lasted until an aide assassinated him in 1979. In May 1980, another group of politically-motivated military generals seized power by massacring civilians in Gwangju. In 1987, a civilian rebellion ushered in the democratization process by overturning the military government.

Considering the events that have occurred in Korea's modern history, an accumulation of abuses and tragedies has left number of tarnished legacies.

Without ever being fully dealt with, those who collaborated with the Japanese colonialists and with the subsequent dictatorial regimes, and acted as executioners for colonialism and dictatorships, as well as the systems and methods they operated under, remained impediments to Korea's democracy. Thus, in order to prevent these past wrong-doings from adversely affecting current Korean society, "the settlement of past incidents" attempts to examine and correct past misconduct.

The issues of past settlement are separated into three categories: Bringing to justice pro-Japanese supporters during the colonial era, revealing the truth behind massacres during the Korean War (including before and after the conflict) in order to restore honor to the victims, and verifying the facts of massacres and human rights abuses during Korea's democratization period so as to bring historical justice and truth.

While these are three separate classifications, they share the common thread of dealing with repressive structures that ruled Korean society.

leeth@koreatimes.co.kr

2011-04-24T04:14:00.001-07:00

04-05-2010 20:31

Forbidden Book Haunts Truth Commission

The cover of the banned book.

leeth@koreatimes.co.kr

2011-04-24T04:13:00.001-07:00

04-05-2010 20:31

Forbidden Book Haunts Truth Commission

The cover of the banned book.

leeth@koreatimes.co.kr

Congress unveils six-lane path to peace

2011-04-16T04:48:00.000-07:00

Added At: 2011-04-16 12:12 AM

Last Updated At: 2011-04-16 12:12 AM

PRAKASH ACHARYA

KATHMANDU: Stating that there is no possibility of promulgating the new constitution without completing the integration and rehabilitation of the Maoist combatants, main opposition Nepali Congress today brought a six-point action plan for the peace process.

A panel led by senior leader Sher Bahadur Deuba today presented the five-page document, which dealt with NC’s bottom-line for completing the peace process, at the party’s Central Working Committee meeting at the party headquarters in Sanepa. Following the discussion on the document, the party will approve it making it the party’s authentic version tomorrow, according to party sources.

The document, however, does not mention the time limit to complete the peace process. Without specifying the number, it has suggested to fix the number of combatants as per the past agreement made at the leadership level. However, the combatants will have to fulfil the basic requirements of the concerned security bodies for integration and they will remain under the command and control of the bodies. All UNMIN verified weapons will be brought under government control.

It adds that those who want voluntary retirement should be allowed to leave the camps and for those who want to be rehabilitated package should be prepared to provide them with seed money.

The government will provide security to the camps to be integrated and to rehabilitated combatants, states the document.

NC has been claiming that late NC leader Girija Prasad Koirala and Unified CPN-Maoist chairman Pushpa Kamal Dahal had made a verbal agreement to integrate 3,000-5,000 combatants in different security bodies, before signing the Comprehensive Peace Agreement in 2006. The UCPN-M, however, says that although the number was discussed, it was not agreed upon.

The plan seeks to ensure justice for the conflict victims by declaring the people killed by Maoists as martyrs and providing relief and compensation to their families and the families of those who sustained disability during the conflict, providing their children free education, giving priority to their children for employment and arranging treatment for injured people.

It adds that all property seized during the conflict should be returned to the rightful owners and all interest and principal up to Rs 1 million of bank loan be waived of for victims.

The displaced people should be rehabilitated by providing them relief and keeping

their proper record, adds

the document.

Meanwhile, another panel led by Parliamentary Party leader Ram Chandra Paudel is holding consultation with experts about the issues of state restructuring. Paudel told today’s CWC meeting that he would submit his report in a week.

Action plan

• Ensure justice for conflict victims

• Pass a Bill to form a commission on disappeared people

• Pass a Bill to form a Commission on Truth and Reconciliation Commission — probe the violent incidents during the conflict and make arrangements for reconciliation of conflicting parties

• Activate all-party peace committees at central (Peace and Reconstruction Ministry) and local levels

• Manage combatants

• Put an end to dual security for Maoist leaders — from government and combatants — and scrap paramilitary forces of the party. In addition, the government should impound all illegal vehicles used by Maoists and take legal action

http://www.thehimalayantimes.com/rssReference.php?headline=Congress+unveils+six-lane+path+to+peace&NewsID=284188

Sri Lanka: despite progress more must be done for those displaced by war – UN

2011-02-05T08:50:00.000-08:00

Catherine Bragg briefs press on her humanitarian mission to Sri Lanka

26 January 2011 – The Sri Lankan Government has made significant progress in resettling the hundreds of thousands of people displaced by the decades-long war with Tamil separatists but a lot more work still needs to be done, a top United Nations humanitarian official said today.

“It is clear that there are still immediate humanitarian needs that we must address now,” the Assistant Secretary-General for Humanitarian Affairs, Catherine Bragg, told a news briefing in New York on her recent three-day visit to the Indian Ocean island, where the Government crushed the separatist revolt in the north in May 2009.

She noted that only 20,000 of the 300,000 persons displaced at the height of the crisis still remain in Government-run camps. “However, due to the difficulties in clearing land mines and the lack of basic services in the home areas, those remaining in the camps are expected to stay there until at least the middle of 2011 and will continue to require humanitarian assistance,” she said.

Moreover, there are many thousands of people who have left the formal camps but are either in transitional settlements where they still need aid or have returned to areas that lack the basic services and infrastructure needed to allow them to fully restart their livelihoods.

“The Government has committed significant resources to infrastructure in the return areas but there’s so much more that still needs to be done and most of the returnees have limited access to basic services such as shelter, water and sanitation, health care,” Ms. Bragg said.

“These communities remain extremely vulnerable. The future of the north is about investing in people. They need skills, livelihoods and social development to help them move on with their lives.”

During her visit she also visited flood victims in the east, where there has been “overwhelming” damage to livelihoods, social services and infrastructure among a vulnerable population that has already been severely affected by the Indian Ocean tsunami of 2004 and the separatist conflict.

While in Sri Lank Ms. Bragg launched a $51 million appeal for the flood victims. The UN Central Emergency Response Fund (CERF) allocated $6 million to jumpstart key life-saving projects.

http://www.un.org/apps/news/story.asp?NewsID=37389&Cr=sri+lanka&Cr1=

Nepal NGO Coalition Urges the Government to Take Proactive Leadership in Fulfilling Its Human Rights

2011-02-05T08:48:00.000-08:00

Wednesday, 26 January 2011

(25 January 2011, Geneva/Kathmandu) Today Nepal underwent its first Universal Periodic Review (UPR), a process which involves a review of the human rights records of all 192 UN member States once every four years under the auspices of the UN Human Rights Council. During the three-hour session, the Deputy Prime Minister and Minister for Foreign Affairs, Sujata Koirala, took the lead in presenting the national report and responding to the questions and concerns raised by other States. The Nepal NGO Coalition for the UPR (NNC-UPR), a coalition representing 235 human rights and civil society organisations in Nepal, notes with appreciation that the government of Nepal at least acknowledged existing and ongoing human rights challenges in the country. However, the NNC-UPR expresses its disappointment at the rhetorical statement by the government delegation and their failure to provide any concrete commitments and timelines for the implementation of Nepal’s human rights obligations. Particularly, the NNC-UPR is troubled by the response of the government delegation who claimed today that “there is no systematic torture in Nepal”, in spite of well documented and credible reports of systematic practices of torture at the hands of State security forces.

The NNC-UPR is encouraged by the fact that its issues and concerns were adequately reflected in the interventions of various UN member States, particularly with regards to Nepal’s failure to address the culture of impunity including the investigations into the past and ongoing human rights violations committed by both State security forces and non-State actors. During today’s Review, a number of States made urgent calls to establish transitional justice mechanisms as stipulated in the Comprehensive Peace Accord (CPA), such as the Truth and Reconciliation Commission and the Commission of Inquiry on Disappearances, in accordance with international standards.

The wide range of discriminatory policies and practices, specifically discrimination against women, children, Dalits, indigenous peoples, persons with disabilities, refugees as well as religious, sexual and ethnic minorities were often raised as areas of serious concern. Attention was concentrated to situations of the rights to food, health, housing and education faced by marginalized and vulnerable groups such as Dalits, Madhesis, indigenous peoples and persons with disabilities, especially the women and girls within these communities. Many States also shed light on the lack of appropriate action taken by the government of Nepal in responding to gender-based violence committed during and after the armed conflict.

Meanwhile, the NNC-UPR regrets that the government delegation avoided answering a number of key questions, particularly with regards to lack of implementation of decisions and recommendations by the courts and the national human rights institutions as well as regarding the steps to ratify the Optional Protocol to the Convention against Torture, the Convention on Enforced Disappearances, the Convention on the Status of Refugees, and the Rome Statue of the International Criminal Court.

The Nepal NGO Coalition on the UPR urges the government of Nepal to recognize that the UPR is not a one-time event. Recommendations put forward by today’s Review must be followed up through proactive leadership of the government in ensuring practical and time-bound action plans for actual implementation, upon the genuine consultations with all relevant stakeholders in the country. (ENDS)

http://www.forum-asia.org/index.php?option=com_content&task=view&id=2657&Itemid=42

South Korea: Truth but no reconciliation

2011-02-02T21:51:00.000-08:00

Published on : 2 February 2011 - 9:36am | By International Justice Tribune (IJT 121)

South Korea’s Truth and Reconciliation Commission in December concluded its historic exploration into the brutality of mass killing by both sides during the Korean War in an atmosphere of frustration and controversy.

By Don Kirk, Seoul

The commission, from its inception in 2005, uncovered the truth about the deaths of tens of thousands of civilians at the hands of South Korean police and soldiers and invading North Koreans. However, it failed in more than five years to bring reconciliation. One reason for this failure is that it ceased functioning before investigating all the reported massacres during the1950 – 1953 war.

“The past remains a political minefield in South Korea,” according to journalist and researcher Choe Sang-hun. “Digging into South Korea’s tumultuous recent history remains a sensitive and painful task riddled with controversy,” said Choe, who won a Pulitzer prize for his reporting on the massacre by US soldiers of South Koreans huddled under a bridge in the village of Nogunri in 1950.

“Pro-democracy activists who struggled against the past military dictators and took power under former presidents Kim Dae-jung and Roh Tae-woo saw the task of peeling back the long-running cover-up as a hallmark of their mandate,” he said. “But conservatives who took pride in defending the nation from communism saw these efforts as a leftist political maneuver to discredit their reputation.”

During liberal rule from 1998 to 2008, in which Kim and Roh served successive five-year presidential terms, Koreans had the chance to uncover what former commission member Kim Dong-choon called “the dark side of the Korean past.” Kim Dae-jung during his presidency encouraged the formation of the commission, formed as a government agency during Roh’s tenure.

The commission’s leadership from the outset was divided among standing commissioners representing liberal and conservative views, but conservatives dominated after the inauguration in February 2008 of Lee Myung-bak.

The commission’s deadline was April 2010, but the investigations were extended until June. Some commission workers stayed on until the end of 2010.

Kim Dong-choon, also a sociologist at Sung Kong Hoe University, believes the commission needed two more years to visit massacre sites that will probably never be excavated. The commission did exhume 13 sites, but “there are many more that we must study and research,” he said.

Kim said the legacy of suffering lives on among the families of victims. “They still have some economic and psychological difficulties. Some communities were totally disorganised.” As for why the commission’s activities were not extended, he points out that conservative officials “don’t want to make this kind of incident known to the Korean people and to other people.”

Estimates vary as to how many civilians were killed. Kim said that between 100,000 and 200,000 people died at the hands of South Korean police and soldiers as North Korean forces moved south in 1950. He believes the total killed by North Koreans was “less than half the number.”

Lee Young Jo, the commission’s last president, disagrees, estimating that South Korean and North Korean forces each killed about 150,000 civilians. Nor does he believe that the commission ended its work prematurely. He pointed out that the body’s mandate was to review petitions of families, and that it completed all 11,000 cases that it was asked to consider.

The courts ordered state apologies in many cases. In the most infamous one, in which eight people were hanged in April 1975 for a plot made up by the Korean intelligence service to form a revolutionary party, a court in January 2007 absolved them all, awarding $67 million to family members.

The investigation also revealed the failure of US officers to stop the executions of South Koreans, though some witnessed and reported what had happened. The US issued just one “regret,” which was for the slaughter of civilians at Nogunri, following a press report revealing the massacre in 1999.

Choe said it was a “disgrace to the South Korean political leaders and media” that the truth came out at so late, though he added that “the fact that South Korea has launched the commission and let it do what it has done, despite all its controversy” is proof that the situation in the country has improved since the era of dictatorship ended in 1987.

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http://www.rnw.nl/international-justice/article/south-korea-truth-no-reconciliation

Nepal's human rights examination

2011-02-02T09:14:00.001-08:00

DR DINESH BHATTARAI

The United Nations General Assembly Resolution A/60/251 also known as the founding resolution of the Human Rights Council (HRC) mandated it to ‘undertake a universal periodic review (UPR) based on objective and reliable information, of the fulfillment by each state of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States.’ The HRC was established in 2006 in place of the Commission on Human Rights (CHR) which in words of the former UN Secretary General Kofi Annan reached ‘a point at which the Commission’s declining credibility has cast a shadow on the reputation of the United Nations system.’

UPR is an innovative mechanism based on three hours of ‘interactive dialogue and cooperation, with full involvement of the country concerned and with consideration given to its capacity building needs, such a mechanism shall complement and not duplicate the work of treaty bodies.’ This unique tool is a peer review mechanism for every country in four year periodicity, ‘assessing the implementation of international norms and treaties on ground.’

Nepal is among the 16 United Nations member states undergoing UPR – at the 10th session of UPR Working Group of the HRC that started from Jan 24 and will continue till Feb 4, 2011. Deputy Prime Minister and Minister for Foreign Affairs Sujata Koirala formally introduced the National Report of Nepal on Jan 25. The report was prepared with extensive public consultations at various levels in the country. It outlines the achievements Nepal made after the success of the peaceful People’s Movement and discusses in candid manner the challenges and constraints that stand in way of realizing the human rights by the people. The problems that the country faces in the post-conflict situation are also outlined in the report.

The Working Group of UPR of the Council assesses the performance of every member state of the United Nations, big and small, developed and developing and rich and poor. So far nine sessions of the Working Group on UPR have been held and 143 countries have been reviewed. Nepal is the 146th country to be reviewed. The first cycle of the UPR will complete later this year taking up the assessment of the human rights performance of the entire membership of the United Nations. The review is accessible to the general public through the HRC webcast.

UPR is based on three sets of information: 1. National Report from the government, 2. Information compiled by the Office of the High Commissioner for Human Rights (OHCHR) from reports of the UN Agencies, Special Procedures and Treaty Bodies and 3. Information compiled by OHCHR from reports of NGOs, NHRIs and other stakeholders.

During the three hours interactive dialogue, member/observer states ask questions and make recommendations which form the cornerstone of the UPR process. Recommendations are expected to guide the state under review for the next four years.

Nepali peace process grew out of their commitments to human rights, democratic pluralism and constitutionalism. Nepal is working hard to lay the essential foundation for institutionalizing these commitments. The road to democracy is irreversible, however slow, uneven, long and at times uncertain and arduous it may appear.

The assessment of the human rights situation in Nepal comes at a time when the country is making a democratic transition from absolute monarchy to democratic republic after over a decade-long armed conflict during which about 16,000 people were killed, 5,800 were disabled, 71,200 people were internally displaced, public infrastructures including the government buildings, schools, colleges, health posts, roads and bridges were destroyed. The impact of human cost, economic cost, social and psychological cost of conflict on the general public has been incalculable.

The Comprehensive Peace Accord (CPA) of Nov 21, 2006 signed between the Government of Nepal and Communist Party of Nepal (Maoist) formally ended the armed conflict, paving the way for the establishment of the universally accepted concepts of fundamental human rights, multiparty competitive democratic system, supremacy of the people, adult franchise, periodic elections, rule of law, promotion and protection of human rights of people, full press freedom, constitutional checks and balances and independent judiciary based on democratic values and norms. The Interim Constitution of Nepal prepared through political consensus promulgated on Jan 15, 2007 by parliament is a comprehensive catalogue of fundamental rights incorporating the rights set forth in the Universal Declaration of Human Rights of the UN and the rights and obligations enshrined in the international human rights instruments to which Nepal is a party such as the 1966 International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights. The protection and promotion of human rights remain at the center of the peace process.

The election of Constituent Assembly (CA) on April 10, 2008 is a defining feature of the peace process. It established the supremacy of ballots over bullets. Out of 74 political parties registered with the Election Commission, 54 contested the CA elections and 25 of them have a representation in the CA, which stands as an epitome of the inclusiveness and proportionality. The peace process has brought the people to the center of governance from the periphery, exclusion, and disadvantaged zones. Representation of women and marginalized groups in the legislature parliament constitute 33.23 percent and 33.39 percent respectively. Government undertakings including the security forces are taking pro-active affirmative actions to recruit on a priority basis from among the marginalized/underrepresented communities to ensure inclusiveness and equity. They now participate in decisions that shape their destiny and the future of the country.

The peace process has crossed several milestones. CA elections, declaration of the country as the federal democratic republic, release of minors and disqualified combatants from cantonments, and the formal handover on Jan 22 of the command and control of the Maoist combatants housed in the seven cantonments and 21 satellite cantonments to the constitutionally mandated Special Committee with the responsibilities of their supervision, integration and rehabilitation are the major milestones of the home grown peace process. Nepal’s peaceful transformation provides a rare example in the contemporary world history.

Democracy in Nepal has entered into a new phase with human rights and inclusiveness at the center. Nepal is a party to different international human rights instruments and covenants. Government is committed to addressing the past injustices and future challenges as provided in the CPA and the Interim Constitution. The mechanisms for providing transitional justice have been submitted to the parliament for approval. Nepal´s independent judiciary has made landmark judgments in favor of human rights protection. Nepal was among the first least developed countries to establish the National Human Rights Commission. There are other institutions established to investigate abuse of power and improper conduct

CHALLENGES & CONSTRAINTS

The government realizes that there is no room for complacency despite remarkable achievements made in the human rights situation since the end of the armed conflict. Nepal is in a transitional phase. Transition is an extremely difficult and highly sensitive period. Institutionalization of peace, social and economic transformation within the democratic framework, and the process of post-conflict reconstruction and rehabilitation and reconciliation are facing daunting institutional and humanitarian challenges. Various economic and social woes from the past and emerging challenges emanating from the global multiple crises including the economic and financial crises and climate change remain as growing threats to the enjoyment of human rights with far-reaching implications.

Consensus building is a tough call in any post-conflict situation and Nepal is no exception. Nepal’s political parties of different ideologies are deeply engaged in forging unity, evolving consensus and concluding agreement on the broader national agendas in relation to political, economic, social transformation and development. Dialogue, cooperation and participation form the core of Nepali peace process. Nepal is facing multi-dimensional challenges of Himalayan proportions on multiple fronts. Lack of resources, capacity and physical, institutional and human rights infrastructures in the country remain as significant constraints in honoring its obligations to provide basic services to marginalized or vulnerable communities or groups. There is an urgent need to seriously address the root causes of conflict and democratic deficits rather than just treating the symptoms.

LEARNING FROM THE PAST & LOOKING TO THE FUTURE

Nepal has come a long way in terms of peaceful resolution of armed conflict and political transformation within the overall framework of democratic polity. Nepali peace process, having emerged from a background of violence, and destruction has established the primacy of dialogue, understanding and need for democratic institutions to address the glaring challenges in the country without resorting to violence and use of arms in politics. The peace process has heralded a clear shift from violent activities toward peaceful means. The peace and democratic process has brought former foes together and made them realize that they need each other to resolve their differences in a peaceful manner for the country and the people who have made arduous struggles and unparalleled sacrifices time and again for a democratic pluralistic society that honors human rights in all circumstances.

There have been formations of government and changes of governments on the basis of constitutional provisions in a peaceful manner. Political parties, irrespective of their ideological differences, listen to dissenting voices and recognize the need to solidify the democratic foundations by completing the task of writing a democratic constitution by the CA. The primacy of dialogue as a compromise seeking and deadlock breaking mechanism has been established and this needs to be concretely institutionalized as peaceful means to advance political objectives.

There is no denying that at this juncture of democratic transition, Nepal is confronting the severity of challenges, fragility of institutions, enormity of capacity constraints in the process of post-conflict reconstruction, rehabilitation and reconciliation to make the democratic process a success. The long and uphill tasks of institution building are better served by generating local legitimacy, local knowledge and local leadership. As we remain engaged in laying unshakeable and unassailable institutional framework for human rights and rule of law to address the democratic aspirations of our people, we look forward to a constructive interaction and contributions from the international community. Sustained solidarity and support will help democracy take roots, firmly institutionalize peace building efforts, create a web of national democratic institutions, make all concerned honor institutional norms in day to day work, and help make the socioeconomic transformation sustainable within the democratic framework leading to the enjoyment of all kinds of human rights by the Nepali people.

The people of Nepal have set the highest standards in human rights through their arduous struggles and immense sacrifices. They have said NO to undemocratic and unconstitutional rule, and they have said NO to the violent path to political power. Nepali peace process grew out of their commitments to human rights, democratic pluralism and constitutionalism. Nepal is working hard to lay the essential foundation for institutionalizing these commitments. The road to democracy is irreversible, however slow, uneven, long and at times uncertain and arduous it may appear. Therein lies the secure, democratic and prosperous future of the country. As the visionary leader B P Koirala said in an interview to Theodore Jacqueney of Worldview way back in 1978, ‘If Nepal has to exist as a nation or develop as a nation, it must develop democratic institutions’. After a rollercoaster journey throughout its modern history and especially in the recent past, Nepal is firmly on the democratic path shown by the national leadership.

Writer is Ambassador/Permanent Representative of Nepal to UN and International Organizations

dineshbhattarai1@gmail.com

http://myrepublica.com/portal/index.php?action=news_details&news_id=27572

Report: Japan Forced 30,000 Koreans to Work on Sakhalin

2011-01-28T08:37:00.000-08:00

A government investigation has found that during the Japanese colonial rule of Korea, up to 30-thousand Koreans were forced into labor by Japan on Sakhalin, an island now belonging to Russia and that a third of them never returned.
The Truth Commission on Forced Mobilization under Japanese Imperialism said in a report on Tuesday that, while it was previously thought that around 43-thousand Korean people were taken to Sakhalin, considering that about 70-percent of Korea's population at the time was male, the figure is probably closer to 30-thousand.
Of all the cases examined by the commission on Sakhalin, in 34.3 percent of them involved a person who died or went missing there, a rate much higher than other regions where Japan used conscripted Korean labor.

JAN 28, 2011


Reporter : devin@arirang.co.kr http://www.arirang.co.kr/News/News_View.asp?nseq=111985&code=Ne2&category=2

NEPAL: Nepal urged to accept and implement UPR recommendations and end impunity

2011-01-27T06:33:00.000-08:00

On Tuesday, Nepal's human rights record was reviewed for the first time under the United Nations (UN) Human Rights Council’s Universal Periodic Review (UPR). The UPR process was established by the UN General Assembly on 15 March 2006 through resolution 60/251 to "review the fulfilment by each State of its human rights obligations and commitments." The procedure assessed Nepal's compliance with its international obligations to protect and promote human rights.

FOR IMMEDIATE RELEASE ALRC-STM-002-2011
January 27, 2011

A Statement by the Asian Legal Resource Centre

NEPAL: Nepal urged to accept and implement UPR recommendations and end impunity

(Hong Kong, January 27, 2011)

On Tuesday, Nepal's human rights record was reviewed for the first time under the United Nations (UN) Human Rights Council’s Universal Periodic Review (UPR). The UPR process was established by the UN General Assembly on 15 March 2006 through resolution 60/251 to "review the fulfilment by each State of its human rights obligations and commitments." The procedure assessed Nepal's compliance with its international obligations to protect and promote human rights.

The UPR review, which represents an important opportunity to scrutinize the challenges Nepal faces in upholding human rights and strengthening its rule of law framework, was conducted on the basis of three reports: a report by the government of Nepal; a report by the UN’s Office of the High Commissioner for Human Rights (OHCHR) comprising information and recommendations by United Nations mechanisms and experts; and a report compiled by the OHCHR summarising the input by other stakeholders, including civil society organisation and the National Human Rights Commission.

The ALRC welcomes the dialogue held, notably the many questions raised by States concerning key issues such as torture, forced disappearances, gender- and caste-based discrimination, human rights defenders, freedom of expression, weakness of national institutions and legislation, and the overarching problem of impunity. The Government of Nepal now has the primary responsibility to implement the recommendations made as part of the review. As part of the UPR process, the government will now decide which recommendations it accepts and those it only “notes.” The ALRC strongly urges the government to accept and implement the recommendations made concerning these key issues, if its approach to human rights is to have any credibility.

During the review, the government of Nepal declared its full commitment to "establishing constitutional supremacy, ensuring the rule of law, good governance and human rights and guaranteeing the fundamental rights enshrined in the constitution of Nepal.” It added that, “Addressing impunity entails two aspects: addressing the past and maintaining the rule of law at present. The government is fully committed to work on both fronts." The ALRC welcomes the government of Nepal's commitment to tackle impunity and expects that this commitment will be followed by concrete steps in line with the recommendations made during the course of the review and international human rights laws and standards. The ALRC cautions that similar commitments have been made in the past by the Government of Nepal, but have remained unfulfilled to date. It must be noted that the ALRC is seriously concerned by the Nepalese delegation’s apparent reluctance to acknowledge some human rights violations during the UPR review, as will be seen below.

The ALRC and Nepalese NGO Advocacy Forum submitted a joint report to the UPR on 5 July 2010, which can be found here, along with a background document found here. The report focused on the impunity which persists for conflict-related and ongoing abuses, which have not been effectively investigated or prosecuted, as well as on the failure of the institutions of the rule of law to protect Nepal’s citizens. The report recommended that addressing the problem of impunity should be the prime focus of the UPR and action by the government of Nepal. It pointed to the institutional weaknesses of the judicial system, the lack of criminalization of certain human rights abuses such as torture, enforced disappearances and caste-based discrimination, as well as the absence of the right to effective remedy, which, together, greatly hamper the realization of the fundamental rights enshrined in the 2007 Interim Constitution. The report urged the Working Group on the UPR to consider as a priority under the UPR, issues such as the breakdown of the rule of law and the increased insecurity in the Terai region, forced disappearances, endemic torture, extra-judicial killings by security forces, persisting caste-based discrimination, gender-based violence, the vulnerable situation of human rights defenders, and the inability of the State to respond to such abuses.

During the review, questions and recommendations raised by a number of governments during the three-hour long UPR session reflected many of these concerns. The ALRC welcomes this and urges the Government of Nepal to accept the urgent need for it to address these serious issues and take appropriate action as a result.

Concerns about persisting impunity for past and ongoing abuses was repeatedly raised by delegations, including those from Japan, Czech Republic, Sweden, South Korea, France, Germany, the United Kingdom, Norway, Hungary, the Netherlands, New Zealand, Denmark and Switzerland. In questions submitted in advance to the government of Nepal, France had, for instance, said that it was "deeply preoccupied by the persistence of impunity enjoyed by the alleged perpetrators of numerous grave human rights violations committed during and since the conflict," and recommended during the session that, "the decisions of the judiciary taken in this respect should be fully respected by all institutional actors especially the army and the police forces". Norway recalled that addressing impunity is fundamental to foster peace, democracy and stability. In questions in advance, the Czech Republic stated that "failure to act on human rights abuses undermines respect for the rule of law" and Canada underlined that "addressing abuses committed by all sides during the decade long conflict and post conflict period in Nepal is an important element of transitional justice".

Several States, such as France, Spain, the UK and the United States, inquired about progress in establishing the transitional justice mechanisms included in the Comprehensive Peace Accord, namely the Truth and Reconciliation Commission and the Commission on Inquiry into Disappearances, and called for the criminalization of enforced disappearances. Norway inquired about measures to protect the police and justice system from political interference and to ensure that suspects accused of serious human rights abuses during the conflict are handed over to the police for proper investigation.

The need to strengthen the National Human Rights Commission as an independent and autonomous human rights body and to implement its recommendations was noted by several delegations, including Canada, the United States, France, India and Norway.

Allegations of misconduct by law enforcement authorities, qualified as "disturbing" by Japan, have also been a serious concern. The issue of the systematic use of torture was raised and the government was asked by several countries about its intention to introduce legislation to criminalize torture in line with international standards. Several delegations called for the effective investigations into all allegations of torture. Furthermore, several States expressed their concerns about allegations of extrajudicial killings in the Tarai and asked what measures were being taken to investigate them and to implement the recommendations of the OHCHR to establish an external oversight mechanism to investigate allegations of human rights abuses by security forces. In questions submitted in advance, the Danish delegation underlined the fact that "credible investigation of alleged human rights violations of security forces is an important part of strengthening the rule of law". The Czech Republic also urged the authorities to "support and protect witnesses as well as victims and their family members" in the investigation of allegations of human rights violations.

The persistence of gender- and caste-based violence and discrimination at all levels of Nepali society were also raised several times and the government was requested to explain what actions it is taking to address these problems, including with regard to: the levels of implementation of the Caste-based Discrimination and Untouchability Crime Elimination and Punishment Act and the National Dalit Rights Commission Bill; the investigation of allegations of caste-based discrimination; and the strengthening of the National Women's Commission and National Dalit Commission.

Obstacles to the freedom to speech, the vulnerability of journalists to threats, attacks and harassment, as well as the precarious situation of human rights defenders, were also repeatedly raised during the review. The Czech Republic, the United Kingdom, Norway, France and the United States asked for improved protection of human rights defenders and journalists through the launching of proper and impartial investigations of all allegations of threats and harassment against them.

These issues have been at the centre of the concerns of the civil society in Nepal for a long time. They all deeply impact the democratisation and peace process in the country. Now that they have been raised in the international arena as part of the UPR, it is the Government of Nepal's responsibility toward its citizens and the international community to respond by properly addressing these issues.

Of grave concern has been the government of Nepal’s denial of the reality of human rights abuses during the review. For example, one of the government delegates asserted that there is no systematic torture in Nepal and that "there are sufficient constitutional and legal safeguards for the prevention of torture in Nepal.” Independent international and national experts and observers have documented that the opposite is true: torture is still used as a common tool by the police as part of interrogation procedures, while the lack of legislation enabling the criminal prosecution of alleged perpetrators of torture has engendered systemic impunity concerning this grave violation of rights. Similarly, the ALRC is seriously concerned by the government's reluctance to acknowledge the existence of human rights violations committed by the security agencies, including the Nepal Army, which it claimed during the review was a "source of Nepali democracy". The delegation to the UPR stated that that there was already a "zero tolerance" policy toward "isolated" human rights violations committed by the security agencies. This is a complete denial of the reality on the ground, where not a single perpetrator of serious human rights violations committed during and since the conflict has faced prosecution. The government delegation also kept silent over other crucial issues, such as the need to protect the work of human rights defenders and the freedom of expression of journalists.

The Asian Legal Resource Centre therefore urges the Government of Nepal to acknowledge the reality of these persistent abuses and recognize its responsibility in addressing them. The Government is urged to accept the recommendations made concerning the issues highlighted above and commit to take measures to implement them in good faith and in a prompt, transparent and verifiable way.

# # #

About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.

http://www.humanrights.asia/news/alrc-news/ALRC-STM-002-2011

Nepal grilled on human rights issues in Geneva

2011-01-26T01:32:00.001-08:00

Delegates from nearly 50 countries from around the world grilled Nepali officials in Geneva on Tuesday and expressed their concerns regarding what they said the overall situation of impunity in the country.

A glimpse of the Universal Periodic Review (UPR) session of Nepal.

“The international community has come together during Tuesday’s Universal Periodic Review (UPR) of Nepal to highlight growing concerns about impunity in the country and call for the government to address the worrying situation,” said Oliver Spencer, advocacy officer at the ARTICLE 19, a London-based group advocating freedom of expression. “Impunity was by far the most repeated issue during the Review and many delegations referred to continuous attacks against media workers and human rights defenders in Nepal.”
The delegations of the Czech Republic, Canada, France and US each recommended the government of Nepal specifically safeguard the security of journalists and implement adequate measures for the protection and investigation of crimes against journalists and human rights defenders.
The Czech Republic called for the proper investigation and prosecution in the precedent creating case of the killing of female reporter Uma Singh in 2009. Norway also recommended the government investigate attacks against women journalists and prosecute the perpetrators.
France urged the government address the difficulties in enforcing the rights to freedom of expression, assembly and information, in line with the recommendations made by the UN Office of the High Commissioner for Human Rights (OHCHR) stakeholders report, to which ARTICLE 19 contributed.
The issue of impunity was also raised by the delegations from Denmark, Germany, Hungary, Japan, Netherlands, New Zealand, South Korea, Switzerland and the UK.
The UK and Denmark recommended that the government of Nepal tackle impunity by creating an independent police commission responsible for all transfers and promotions, in order to end political interference in police duties through the threat of demotion or quick transfer. Delegations from Cambodia, the Maldives, Italy and Chile urged the government to invite all Special Mandates to Nepal on a regular basis.
In response, the government of Nepal pledged to tackle impunity and address the human rights concerns of delegates. The government was unwilling to accept the role of the Nepali Army in the continuation of widespread impunity, such as their protection of army personnel indicted by Nepali courts, arguing that the Nepali Army are fully supportive of human rights and any issues are not supported by policy.
The Nepal delegation is being led by Deputy Prime Minister and Foreign Minister Sujata Koirala. nepalnews.com

http://www.nepalnews.com/archive/2011/jan/jan26/news01.php

"Emergency Measure No. 1 Is Unconstitutional"

2011-01-24T07:43:00.000-08:00

[경향신문] 2010년 12월 17일(금) 오후 01:57

가 가| 이메일| 프린트

Unanimous Supreme Court verdict: "violation of the essence of democracy"
'Yusin government' invoked it groundlessly ... All previous rulings based on Emergency Measure's constitutionality rejected

The Supreme Court of South Korea has ruled that emergency measures issued by former president Park Chung-hee have been in violation of the constitution.

The presidential Emergency Measures number nine in total and these were based on Article 53 of former president Park's Yusin Constitution of 1972. The Yusin government of the late President Park used the Emergency Measures, which were legally enforceable, to suspend the freedom and rights of the people and reinforce his military dictatorship.

On December 16, the Grand Bench of the Supreme Court, presided over by Justice Cha Han-sung, unanimously delivered "a not guilty verdict" at the retrial of O Jong-sang, who was convicted in 1975 of violating the Anticommunist Law and an Emergency Measure by the Supreme Court. Proclaiming Mr. O not guilty of violating the Emergency Measure, the Supreme Court stated as its reason the fact that Emergency Measure No. 1 was unconstitutional.

The Supreme Court gave two reasons to explain why the Emergency Measure violated the constitution. Firstly, it judged that although the measure was based on Article 53 of the Yusin Constitution, it violated the essence of democracy and was therefore unconstitutional. The court stated that "Emergency Measure No. 1 seriously restricted freedom of expression and personal liberty, which are essential elements of democracy, thereby violating basic rights that were guaranteed even by the Yusin Constitution."

It also judged that the measure did not satisfy the grounds for issuance specified in Article 53 of the Yusin Constitution, saying that "The Emergency Measure was (groundlessly) invoked, despite the fact that the state was not facing a serious crisis or under a direct security threat at the time."

The Supreme Court's verdict of unconstitutionality means that all existing judicial precedents have lost their legal validity. The court stated that it repealed all its verdicts passed since 1975 which were based on Emergency Measure No. 1 being constitutional.

Starting in 1975, the Supreme Court delivered guilty and not guilty verdicts with the view that Emergency Measure No. 1 was constitutional. Then, from the beginning of the 2000s, applications were made for retrial of cases of forced indictments and were accepted by courts.

Retrials began in lower courts, but cases were dismissed because the Emergency Measure no longer existed. Case dismissals, rather than not guilty verdicts, made it hard to receive criminal indemnity and impossible to receive damages from the state.

The Supreme Court stated, "This is highly significant in terms of judicial history, as it repeals the Supreme Court's judgment that Emergency Measure No. 1 was constitutional under the Yusin Constitution." Commenting on the verdict, the group MINBYUN Lawyers for a Democratic Society said, "This judgment corrects past mistakes where courts made rulings incompatible with the constitution and with justice."

In 1974, Mr. O was sentenced to three years in prison and three years' suspension of qualification after saying on a bus, "the government encourages people to eat flour-based foods, but high officials and rich people eat wheat-based food that consists mostly of eggs and meat, with just a few noodles. How can the people adapt to the government's policy?"

In 2007, however, the Truth and Reconciliation Commission recommended that Mr. O's case be retried, saying that he must be given an opportunity to restore his honor. A court also decided that his case must be retried. Seoul High Court last year declared Mr. O not guilty of violating the Anticommunist Law, but dismissed the part of his case related to the Emergency Measure.

Q: Emergency Measures?
A: A series of nine Emergency Measures passed by President Park Chung-hee in accordance with Article 53 of the Yusin Constitution of 1972. Emergency Measure No. 1, passed on January 8, 1974, banned denial of, opposition to, distortion of and maligning of the constitution, as well as the suggestion or instigation of such acts or telling others about them. It was criticized as a violent measure to suppress criticism of the Yusin system, and did in fact produce many innocent victims. (General news. Dec 17, 2010)
- ⓒ 경향신문 & 경향닷컴(www.khan.co.kr), 무단전재 및 재배포 금지〈경향닷컴은 한국온라인신문협회(www.kona.or.kr)의 디지털뉴스이용규칙에 따른 저작권을 행사합니다.〉

http://kr.news.yahoo.com/service/news/shellview.htm?articleid=2010121713574261540&linkid=4&newssetid=1352

Politician acquitted decades after execution

2011-01-24T07:41:00.000-08:00

By North Asia correspondent Mark Willacy

Posted Fri Jan 21, 2011 12:32pm AEDT

A South Korean court has acquitted a former presidential candidate of subversion, half a century after he was executed.

Cho Bong-am was hanged 52 years ago on charges of trying to overthrow South Korea's government in collusion with the communist North.

The leader of the left-leaning Progressive Party remarked that if he had committed a wrong, it was entering politics in the first place.

Mr Cho's case was reopened by South Korea's truth and reconciliation commission and the supreme court has now unanimously cleared him, calling his execution a violation of the principles of a free democracy.

His family says it can now engrave his tombstone which has been kept blank all these years while they waited for his acquittal.

http://www.abc.net.au/news/stories/2011/01/21/3118235.htm?section=justin

Cho Bong-am unjustly executed: Supreme Court

January 21, 2011


	Cho Bong-am

The Supreme Court yesterday vindicated independence activist and politician Cho Bong-am by overruling a death sentence handed down 52 years ago for breaking the National Security Law. Cho was hung for the crime on July 31, 1959.

In its ruling, the Court said Cho played a crucial role in shaping Korea’s progressive politics.

“The Jinbo [Progress] Party [founded by Cho] cannot be viewed as a denial of free democracy or a violation of the basic order of democracy,” the Supreme Court ruled yesterday afternoon. “It also cannot be seen as a political party established to overthrow the nation.”

The Truth and Reconciliation Commission reviewed Cho’s case at the request of his 83-year-old daughter Cho Ho-jeong, and called for a retrial in 2007 to clear his name.

Cho, born to a peasant family in Ganghwa Island of Incheon in 1898, had a tumultuous life, living through Japanese colonization, the Korean War and finally challenging Korea’s first president, the autocratic Syngman Rhee.

Cho served his first prison term on charges of participating in the March 1, 1919, Independence Movement, and he was active in the independence movement against Japanese rule.

After entering politics as a lawmaker in 1948, he served as Korea’s first agriculture minister and was appointed vice speaker of the National Assembly in 1950.

Cho ran for the presidency against Rhee in 1952 and 1956. In the second election he received 30 percent of the vote, which worried Rhee.

In November 1956, he formed the Jinbo (Progress) Party, which led to his arrest in January 1958 on allegations of being a communist sympathizer, violating the National Security Law.

Cho was investigated by Korean special military forces for two months. The military additionally charged him with espionage based on testimony from a military official surnamed Yang who worked in the government’s military espionage bureau, claiming he had information that Cho started the Jinbo Party on orders from and with funding from North Korea.

Cho was sentenced to five years in jail at his first trial but was sentenced to death in two subsequent trials.

He appealed for a retrial, but his request was rejected and Cho was hung 18 hours later.

Before being executed, Cho said, “The only sin I have committed is that I have initiated a political movement that campaigned for a society in which a lot of people equally live well. I hope my death doesn’t come in vain and will serve as development of this country’s democracy.”

In yesterday’s ruling, the Supreme Court overruled Cho’s espionage conviction as well.

“Military special forces don’t have the right to investigate an individual, but Cho was taken to the force for questioning without a warrant,” the Court said. “It’s also hard to credit the testimony [of Yang] because it can’t be seen as a verified testimony.”

In regard to charges that he possessed ammunition and a gun, the Supreme Court suspended the charges saying Cho was “an independence activist and Korea’s first agriculture minister, who built a foundation for Korea’s economy.”

Cho’s daughter hailed the Court’s ruling, though she said it took her family over five decades to restore her father’s reputation.

“I lived a hard life over 50 years [after my father’s death], and I’m relieved I can see my father after I die,” Cho Ho-jeong said in a press briefing. “I should engrave an inscription on my father’s tomb. I haven’t engraved an inscription yet because I wanted to do it after he was vindicated. Killing a political opponent in this way should be noted so it won’t be repeated.”

An official at the Supreme Court said the ruling was significant in that it will spark a revaluation of liberal politicians and activists of the Jinbo Party, who were tortured and branded as pro-North Korean activists.

“Cho’s case is regarded as Korea’s first judicial murder, but to a large extent, he was a victim of the Cold War,” the official said.

By Kim Mi-ju [mijukim@joongang.co.kr]

http://joongangdaily.joins.com/article/view.asp?aid=2931306

01-20-2011 20:43

Cho Bong-am cleared of spy charge in 52 years

Cho Bong-am

By Kim Tae-jong

The Supreme Court Thursday overturned a guilty verdict on the late Cho Bong-am (1898-1959), 52 years after the nation’s first progressive party leader was executed on charges of espionage by the government of then-President Syngman Rhee.

Cho, who created the Jinbo (progressive) Party in 1956, challenged President Rhee in a presidential election and was executed three years later for espionage charges.

The retrial came after the Truth and Reconciliation Commission concluded in September, 2007 that the original trial was clouded in mystery and the case should be retried.

Cho has been viewed as the victim of a “judicial murder.” It also said the subversion charge against him was created by the Rhee administration to “get rid of Rhee’s strongest rival in the presidential election.”

Upon the request, the Supreme Court finally held a hearing on Cho’s death last year to determine a second ruling on whether Cho’s execution was legally justifiable and decided to hold a retrial for Cho.

On Jan. 13, 1958, Cho was arrested by police on charges of spying and violating the National Security Law. He was charged with being sympathetic with North Korea’s reunification policy and receiving funds from the North.

He was initially sentenced to a five-year jail term at a district court. But both the appellate court and the Supreme Court sentenced him to death on Feb. 27, 1959, rejecting the call for a retrial from his family, claiming the espionage charges were concocted using faulty evidence and manipulated testimonies.

e3dward@koreatimes.co.kr

http://www.koreatimes.co.kr/www/news/nation/2011/01/113_80056.html

UN to turn spotlight on Nepal's human rights

2011-01-24T06:29:00.000-08:00

Added At: 2011-01-24 6:31 PM

Last Updated At: 2011-01-24 6:31 PM

AGENCIES

The last time Nepal created a splash for its human rights situation was in 2005, soon after King Gyanendra seized absolute power through a military-backed coup, declared a state of emergency and began to wage war on the political parties and the media.

KATHMANDU: The human rights situation of Nepal is going to come under international arc-light this week with the UN Human Rights Council to review it in Geneva at the three-day Universal Periodic Review (UPR) starting from Tuesday, according to a report on The Times Of India website.

While the report tabled by the caretaker government will highlight achievements and play down abuse allegations, it is however going to be stiffly challenged by the counter reports forwarded by human rights organisations, which paint a dismal picture.

A 10-page parallel report submitted by the National Human Rights Commission in collaboration with the Women's Commission and National Dalit Commission says the situation is not encouraging even two years after Nepal became a republic. A more scathing attack on the prevailing culture of impunity and lawlessness comes from a coalition of nearly 250 rights groups.

According to Subodh Raj Pyakurel, focal person for the Nepal NGO Coalition for the UPR, though the republic is a party to many important international treaty bodies, implementing them remains a big challenge.

"The review has to challenge the non-implementing tendency of the government of Nepal," Pyakurel said. "Human rights can't be attained until and unless impunity is addressed through the rule of law. Redressing past crimes through the penal system and addressing caste, gender and descent-based discriminations by formulating necessary rules and regulations should also come under the rule of law. Correcting social discriminations and implementing social justice through progressive efforts in law and practice is urgent now."

The last time Nepal created a splash for its human rights situation was in 2005, soon after King Gyanendra seized absolute power through a military-backed coup, declared a state of emergency and began to wage war on the political parties and the media. The royal regime avoided sanctions and censure by agreeing to allow the Office of the UN High Commissioner for Human Rights to set up office in Nepal.

Today, almost five years after the ouster of the royal government, end of a decade of Maoist insurgency and restoration of democracy, a succession of governments has still failed to punish the state and Maoist workers responsible for gross human rights abuses. They also failed to form a commission to punish war crimes and a second to unearth the fate of over 1,000 people missing since the "People's War". Gender and caste-based violence are on the rise and last year, which caretaker Prime Minister Madhav Kumar Nepal officially pledged to result in the end of violence against women, saw the highest number of rapes, dowry murders and battering of wives to death.

http://thehimalayantimes.com/fullNews.php?headline=UN+to+turn+spotlight+on+Nepal's+human+rights&NewsID=274219

The Regrettable Dismissal of a Damage Claim by Fired Dong-A Ilbo Journalists

2011-01-20T05:05:00.000-08:00

[경향신문] 2011년 01월 19일(수) 오후 03:40|
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Seoul Central District Court last week ruled in favor of the defendant in a damages suit brought against the state, on grounds of unfair dismissal, by 133 members of a committee of former Dong-A Ilbo journalists that struggles to protect press freedom.

The court said, "The government at the time has a duty to pay compensation for the emotional pain suffered by the plaintiffs, because it committed illegal acts such as advertising crackdowns in order to get Dong-A Ilbo journalists fired, who resisted the media controls brought by the Revitalizing Reforms system. It also, however, dismissed the damages claim, saying, "The plaintiffs did not file a claim within the five-year damage claims period that began when the civilian government came to power in 1993, despite having been able to do so."

The committee stated its intention to appeal, saying, "We were not able to file a suit, because of insufficient evidence, until 2008, when the Truth and Reconciliation Commission conducted an investigation and revealed the truth."

Recently, cases such as that of the committee for press freedom in East Asia, where courts acknowledge negative prescription regarding institutional illegal acts committed by governments, have occurred frequently. There have been cases where primary rulings of expired claim periods have been overturned at secondary hearings, not to mention conflicting rulings on separate but similar cases.

Normally, in cases where a debtor makes the exercising of rights or the interruption of prescription by a creditor impossible or noticeably difficult before the completion of prescription, or cases where for some reason a creditor cannot, objectively, exercise his or her rights, the completion of negative prescription is not permitted.

Despite this, courts are applying excessively strict criteria when it comes to the suspension of negative prescription. One example regards deaths under suspicious circumstances in the military, where courts are only ceasing negative prescription in cases where the state actively fabricated the cause of death, for example by faking suicide in cases of murder. There have been cases of people being denied compensation despite unfair deaths, because of sub-standard investigations by military investigative organs.

This stems from the fact that courts equate crimes by the state with disputes among individuals. The Supreme Court does not regard refusing compensation on grounds of completion of negative prescription, even when the state has committed crimes that violate human rights, as an abuse of its rights.

It is utterly undesirable that victims are unable to receive damages even when illegal acts by the state are exposed. How is our government qualified to bang on about Korea being an advanced nation when it tries to wriggle out of its responsibility to provide compensation, even after it has abandoned its duty to protect its own people, on the grounds that its illegal acts were revealed too late?

The Supreme Court now needs to make active interpretations of cessation of negative prescription concerning state crimes, and sort out past conflicting rulings by lower courts.

At a time when public opinion is calling for suspension of statutes of limitations on inhumane crimes such as sexual assault against children, the excessively mean application of prescription when it comes to victims of state crimes cannot be anything other than judicial retrogression. (Ed. Jan 19, 2011)

http://kr.news.yahoo.com/service/news/shellview.htm?articleid=2011011915403518340&linkid=4&newssetid=1352

Seoul clears executed politician 51 years later

2011-01-20T02:52:00.001-08:00

Foreign
2011-01-20 16:46
SEOUL, Thursday 20 January 2011 (AFP) - South Korea's Supreme Court on Thursday acquitted a left-leaning party leader of subversion and espionage -- 51 years after he was executed by dictator Syngman Rhee.

Cho Bong-Am was executed on July 31, 1959 on charges of seeking to overturn the South's government in collusion with communist North Korea and of spying for the North.

His family and human rights activists say he fell victim to a conspiracy to eliminate Rhee's political opponents.

"We've been suffering for more than five decades but now I won't be ashamed when I see my father in heaven," said Cho's 83-year-old daughter, Cho Ho-Jung.

"I will put engravings on the blank tombstone I have been keeping for my father, waiting for a day like today."

The case was reopened after the Truth and Reconciliation Commission -- tasked with investigating past human rights abuses -- concluded in 2007 that it was based on flimsy evidence and flawed testimony.

Cho ran on a Progressive Party ticket in the 1956 presidential election and garnered 30 percent of the vote against Rhee's 70 percent after the-then opposition's main candidate Shin Ik-Hee died suddenly.

He was arrested in 1958 and executed the following year.

"It cannot be seen that the Progressive Party rejected free democracy or violated the free democratic order. Nor was it aimed at instigating subversion," the Supreme Court said in a statement.

"A false trial resulted in his execution," the court said.

MySinchew 2011.01.20

http://www.mysinchew.com/node/51807

A fraught moment in Nepal

2011-01-18T04:24:00.000-08:00

By M K Bhadrakumar

A pall of gloom and uncertainty descended on Kathmandu with the United Nations Security Council decision to wind up the UNMIN (United Nations Mission in Nepal) last Friday. And there is a sense of triumphalism in Delhi that Indian diplomacy booted out the UNMIN from the region. The contrast in mood cannot be sharper.

India, which robustly pitches for permanent membership in the UN Security Council, rubbished the UNMIN as a hindrance to the peace process in Nepal. But the paradox can be explained. Delhi was never comfortable with the idea of the UN poking its nose into Nepal.

Delhi tried to block a UN presence but finally gave in to Nepalese

wish when it became apparent there was no other way to carry forward the impulses of the peace process following the overthrow of the monarchy in 2006 in a popular uprising. The Nepalese needed the UN to hold the hand of the armed revolutionaries, the so-called Maoists, and to arrange their disarming and rehabilitation - in short, facilitate their passage to a democratic way of life.

Who's afraid of the UN?
True, other "non-Maoist" political parties and the Nepalese army also began finding UNMIN's presence irksome for tactical reasons. But at the end of the day, it was India's staunch opposition to the watchdog's continued presence that sealed its fate. The "international community" could have explored how to make the UN mechanism more effective and relevant. Instead, it acquiesced with the Indian demand.

The expanding United States-India strategic condominium made the denouement possible. Washington chose to pragmatically give India a "free hand" in its backyard. Significantly, however, a joint statement issued in Kathmandu by the diplomatic missions of the US, Britain, Canada, France, Germany, Netherlands, Norway, Finland, Switzerland, Japan and the European Union since reiterated, "We welcome the ongoing engagement of the United Nations as the international community continues to support the people of Nepal."

The UNMIN, which came into being in 2006 as an integral component of Nepal's peace agreements, had a specific mandate: a) monitoring the arms and personnel of Nepalese army and the so-called Maoists; b) assisting in the implementation of the 2006 agreement on the management of arms and personnel; and c) assisting in the conduct of the constituent assembly elections of April 2008.

During the four-year period since 2006, UNMIN served as a deterrent against resumption of violence. Indeed, there is a high degree of risk that in its absence, flashpoints could spiral out of control. However, Delhi's grouse is precisely that UNMIN exceeded its mandate and got itself involved in issues of Nepal's political economy - social exclusion and marginalization of underprivileged sections of Nepali population, armed groups of dubious background that operated in regions bordering India and the peace process itself.

Delhi and the traditional political parties in Nepal, which it supports, resented that UNMIN treated Maoists as "stakeholders" in national life. They estimated that the post-UNMIN phase would isolate Maoists and compel them to "reform" and "disarm". A prominent commentator Prashant Jha wrote in The Hindu:
Pushing UNMIN out is in line with India's broader Nepal policy, the key tenet of which is to isolate the Maoists and exclude them from the formal power structure as the only way of democratizing them ... To this end, India has invested enormous political capital in galvanizing the anti-Maoist forces together ... There is a section in both New Delhi and Kathmandu, which believes that like UNMIN, the Constituent Assembly [CA] where the Maoists command 40% of the seats is another ‘safety blanket' for the former rebels ... They are now hoping for its [CA's] dissolution.
The China factor
In short, Delhi's interference in Nepalese politics is set to enter a new phase. Its strongest allies are the Nepalese army and the army's political backers in Kathmandu. Delhi succeeded brilliantly in manipulating the exclusion of Maoists from power and didn't seem to be perturbed that it was abandoning the commitment to the principle of democratic control of political power, which has been the bedrock of the Indian state itself since independence in 1947.

The Indian establishment's excessively suspicious attitude towards the Maoists has so far colored its Nepal policy. One principal reason for the hostility lies in the Maoists' perceived closeness to China. But Beijing appears disinterested in a zero-sum game.

According to Indian security analysts, Beijing has even been advising the Maoist leadership to seek a cordial relationship with Delhi. A top Maoist leader Baburam Bhattarai visited Delhi recently and sought to assure the Indian leaders about his party's sensitivity to Indian interests in Nepal.

Beijing's priorities are in terms of Nepal's overall stability, seeking Kathmandu's cooperation in checking the illegal movement of Tibetan activists to and from India, preventing Nepalese soil from being used by foreign intelligence agencies for subversive activities inside Tibet and the overall development of bilateral ties (especially economic and communication) so that whichever party is in power in Kathmandu remains sensitive to China's interests.

Quite obviously, Beijing factors in that the capacity of any foreign power to play the "Tibet card" can be effectively countered only by having a friendly government in Kathmandu. Towards this end, China casts its net wide among virtually all sections of the Nepalese society and politics and the state apparatus. Significantly, China didn't bother to challenge the Indian move in the Security Council to finish off the UNMIN.

Bhattarai urged the Indian establishment to play a constructive role in Nepal. But the big question is whether Delhi will rethink its hardline policy and reconcile with the shocking victory of the Maoists in the 2008 election where they won 40% of seats. The security agencies dictate India's policies and they also develop vested interests. They might see advantages in an unstable Nepal beholden to Indian largesse, although Nepal is one of the poorest countries in the world.

Without doubt, it needs an assertive and intellectually resourceful foreign policy establishment (and a determined political leadership) to genuinely break from the past and charter a new course for India's Nepal policy.

Dreading the march of history
But the high probability is that "spooky" conspiracies may continue to be hatched so that the lifespan of the Constituent Assembly in Kathmandu lapses without fulfilling the task of drafting a new constitution. The temptation will always be there to bring Nepal under president's rule with the backing of the army.

The heart of the matter is that only Maoists among the major political players are genuine proponents of a new constitution while the other two mainstream parties with which Indian establishment works closely - Nepali Congress and Communist Party of Nepal - apprehend in varying degrees that a new constitution may undermine the established, traditional patronage networks. The Nepalese army shares their apprehensions.

Truly, India finds itself allied with retrogressive forces who dread the march of history. This polarization is of a fundamental nature. The Maoists and several splinter groups that are identity-based espouse progressive change. They stand for radical redistribution of power and resources in the country, whereas traditional parties abhor the prospect of a re-definition of the state and the role of elites in it.

The traditional parties backed by Delhi would have liked to co-opt Maoists into "bourgeois" democratic practices with their networks of patronage and privileges. For them, a new constitution - and a peace process leading to a new constitution, especially one that promises federalism and far-reaching political, economic and social inclusion - is not a priority at the present juncture, as it may erode their political base.

Delhi is betting that Maoists are averse to returning to the path of violence although getting squashed for political space and would gamble that the shine may have gone off the Maoists in the popular perceptions. The Maoists, on the other hand, have to decide whether it is worthwhile to make political concessions so as to sustain the push for a new constitution and at the same time widen their influence among constituencies such as the middle classes, apart from building bridges with Delhi so that they can face the next general election on a stronger footing.

However, their dilemma is acute: even if they make concessions, the traditional parties and the army (and Delhi) may still prefer the present transitional period to somehow end so that "normal" politics resumes in Kathmandu, which is all about sharing power and the loaves of office. (Transparency International ranks Nepal as the most corrupt country in South Asia.) Indeed, as Jha pointed out, "The reluctance of the non-Maoist parties to share power, the Maoist dogma, and India's hardline approach - all feed on one another and have contributed to mutual insecurities and belligerence on all sides, limiting the space for compromise."

The triumphalism in Delhi over the ouster of the UNMN is a telltale sign. The Indian establishment's agenda will be to somehow manipulate things to return to "bourgeois democracy", which means status quo ante before the unseemly Maoist dragon appeared as the collective voice of Nepali democratic opinion. They count on the Maoist leadership's extraordinary capacity for making political compromises at the last minute.

The recurrent fear of the Indian establishment and political elites is that the ascendance of Maoists in neighboring Nepal might inspire the left-wing armed cadres who dominate one third of India's districts to press ahead with their struggle to capture political power. Delhi seeks to snuff out the revolutionary fervor in Nepal so that it doesn't aggravate the serious political and socio-economic contradictions in the "red belt" within the Indian hinterland. Washington seems to empathize.

Ambassador M K Bhadrakumar was a career diplomat in the Indian Foreign Service. His assignments included the Soviet Union, South Korea, Sri Lanka, Germany, Afghanistan, Pakistan, Uzbekistan, Kuwait and Turkey.

(Copyright 2011 Asia Times Online (Holdings) Ltd. All rights reserved. Please contact us about sales, syndication and republishing.)

Nepal at political crossroads

2011-01-17T05:33:00.000-08:00

Nepal at political crossroads

Leaders in talks over a peace accord, interim parliament and new constitution.

Last Modified: 27 May 2010 03:06 GMT

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Nepal's government could collapse if an agreement is not reached to extend a Friday deadline on a new constitution.
Efforts to rescue the country's peace plan are already under way, but if the parties fail to reach a consensus, the interim parliament as well as all laws and the functions of state, will simply cease to exist.
Al Jazeera's Hamish Macdonald reports from Kathmandu.

Source:

Al Jazeera

http://english.aljazeera.net/news/asia/2010/05/20105272443507149.html

Inside Story

Nepal's new constitution

What triggered the latest crisis in Nepal, and what are the implications?

Last Modified: 30 May 2010 06:25 GMT

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See the video at http://www.youtube.com/watch?v=P_OhdWDcqj8

Nepal's political leaders have been locked in a series of marathon meetings, attempting to avert a crisis that could throw the country into political and civil chaos.
When the country's parliament or constitutional assembly was elected in 2008 it was tasked with drawing up a new constitution within two years.

That period expires Friday - and there is no new constitution in sight.
The government wants to extend the term of the interim constitution, but the opposition says it will only agree to do so if a new government is formed.
Without the support of the other to get a necessary two-thirds majority in parliament - neither opposition nor government can get its way.
But what has triggered the latest crisis? And what are the implications?
Inside Story, with presenter Mike Hanna, discusses with Karna Shahi, the chairman of the Progressive Nepalese Society in the UK, Lawrence Saez, an associate professor of politics at School of Oriental and African Studies, Santosh Shah, the editor of Youth Asia Magazine, who also hosts the Nepali TV programme Power Talks.
This episode of Inside Story aired from Thursday, May 27, 2010.

Source:

Al Jazeera

http://english.aljazeera.net/programmes/insidestory/2010/05/2010527141832556213.html

101 East

Nepal: A new beginning

Can the country avert a political crisis that has remifications for all of Asia?

Last Modified: 24 Jun 2010 10:24 GMT

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Four years after ending a decade long civil war with Maoist rebels, Nepal's peace process remains fragile.
Major political parties accuse the Maoist party of not honouring vital peace accord commitments.
Central to the political tensions is the issue of what to do with around 20,000 former Maoist combatants who have been languishing in primitive camps for over three years, waiting to be reintegrated into society.
Meanwhile, many Nepalese continue to struggle - unemployment is rising and nearly 40 per cent of the population live below the official poverty line enduring inflation, lack of security and power cuts.
Many rural areas have no access to electricity, clean water, basic healthcare and education.
On this edition of 101 East we ask if Nepal's Maoist party can transform from a paramilitary group to a civilian political party and if the country can avert a political crisis that has ramifications for all of Asia.
This 101 East episode aired from Thursday, June 17, 2010.

Source:

Al Jazeera

http://english.aljazeera.net/programmes/101east/2010/06/201061774221199343.html

Armed outfits target Capital

2011-01-17T02:28:00.001-08:00

Added At: 2011-01-17 11:08 PM

Last Updated At: 2011-01-17 11:08 PM

HIMALAYAN NEWS SERVICE

KATHMANDU: The government today claimed that small armed groups and organised crime were fading away in the Tarai with pro-active policing, but conceded they were posing a threat to the Capital city.

According to police statistics, 33 small armed groups remained inactive from December 2009 through the same period in 2010 in the eastern, central, western and mid-western regions. DIG Nawa Raj Dhakal, NP spokesperson, said these groups were dismantled or weakened after their leaders were either killed, arrested or surrendered during encounters with security forces.

But the bad news is Kathmandu is becoming a soft target for dispersed armed groups. Nine outfits, including Naag Raja, International Tigers, Virus Killer, Rastriya Army Nepal, Akhil Tarai Mukti Morcha (Pratap) and Nepal Defence Army were found to be involved in detonating bombs and issuing extortion threats.

“Janatantrik Tarai Mukti Morcha (Rajan), Janatantrik Mukti Morcha and Liberation Tarai Tigers were rendered inactive in Dhanusha following negotiations with the government,” he informed.

“In Rautahat, district secretary of Janatantrik Tarai Mukti Morcha (Goit) Baiju Patel surrendered to police while district leader of Tarai International Tigers Lal Babu Sah and his counterpart in the Tarai Tufan Yuwa Samuha Ashok Raya Yadav were arrested, and central chairman of Madhes Tarai Force Raghuveer was gunned down”.

In Bara, nine armed outfits faded away during the period. Police claimed the Special Security Plan had worked with 239 leaders and cadres of small armed groups being arrested elsewhere in the country, and 182 firearms, 523 rounds of bullets and 46 bombs being seized by police.

According to statistics, 14 armed groups in the eastern, 16 in the central, seven in the western, eight in the mid-western and one in the far-western region still exist. The districts affected by armed outfits are Morang, Sunsari, Saptari, Siraha, Jhapa, Udayapur, Khotang, Parsa, Sarlahi, Kapilvastu, Rupandehi, Banke, Bardiya and Dang.

A total of 107 armed outfits, especially ethnic-based, are operating in Nepal at present.

http://www.thehimalayantimes.com/rssReference.php?headline=Armed+outfits+target+Capital&NewsID=273370

Nepal: Broaden Citizenship Provisions

2011-01-15T05:59:00.001-08:00

JANUARY 14, 2011

(New York) - Draft articles on citizenship in Nepal's proposed new constitution risk making many Nepali children stateless, Human Rights Watch said today. Some of the proposed citizenship provisions are sharply at odds with Nepal's obligations under international law as well as the explicit commitment in the draft constitution itself to prevent statelessness, Human Rights Watch said.

The current draft, as modified by the High Level Task Force created to review the draft constitutional provisions in November 2010, specifies that a child would automatically be granted Nepali citizenship only if both parents prove they are Nepali citizens. Human Rights Watch urges the Constituent Assembly to amend the draft to allow a child born to either a Nepali mother or a Nepali father to be able to claim citizenship by descent.

"If these provisions on citizenship are passed into law, Nepal may have a crisis of statelessness on its hands," said Elaine Pearson, deputy Asia director at Human Rights Watch. "Instead of leveling up to ensure fair and equal access to citizenship for children born in Nepal, this proposal would level down to make acquiring citizenship difficult for many more children."

The anticipated new constitution is expected to provide greater protection of fundamental rights, in particular for minorities, women, and marginalized and vulnerable groups. Human Rights Watch expressed concern, however, that the 28 political parties endorsed the draft citizenship provisions of the High Level Task Force on January 3, 2011, in spite of the problems inherent in the provisions.

The current draft attempts to rectify existing discriminatory legislation that guarantees citizenship by descent only to children born to Nepali fathers. But it means that children with one Nepali and one foreign parent would be ineligible for citizenship if the foreign parent cannot or does not wish to take on Nepali citizenship.

In addition, provisions in the proposal would only allow a child of a Nepali parent married to a foreign spouse to apply for citizenship by naturalization after the parents have lived in Nepal as a married couple for 15 years, assuming that the parent is approved for naturalization, which is a matter of state discretion.

The requirement for both parents to prove citizenship for a child to be granted citizenship by descent is a source of concern, Human Rights Watch said, especially with regard to women. Human Rights Watch research suggests that for Nepali women in particular, the securing legal proof of citizenship can be very difficult, especially when male family members refuse to assist them or are unavailable to do so. Denying women proof of citizenship is an expedient way of ensuring that they cannot assert their rights to marital property, inheritance, or land.

"The government should take extra care to protect the vulnerable, in this case children, regardless of the whims of a parent or the discretion of local authorities," Pearson said. "The Nepali authorities need to ensure that every child born in the country is guaranteed their right to acquire a nationality and not be left stateless."

Research commissioned by the Government of Nepal in 1995 established that approximately 3.4 million qualifying Nepalis lacked citizenship certificates. Through a major government effort to rectify this problem, 2.6 million of those people were able to get citizenship documents. But at least 800,000 Nepalis currently do not have citizenship certificates.

In light of population growth, the actual number of persons lacking citizenship certificates is likely to be considerably higher, with estimates ranging from between two million to five million people out of a population of about 29 million who might be entitled to citizenship but lack documents, according to independent groups studying the issue. Children of these parents could be excluded from effective access to citizenship rights under the proposed provisions.

"Nepal is at a critical and exciting point in its history, as it drafts a new constitution designed to protect all its people equally," Pearson said. "No one should fall through the gaps in this process, least of all vulnerable groups such as children."

http://www.hrw.org/en/news/2011/01/14/nepal-broaden-citizenship-provisions

"Failure to jisien unjust law than the instructions first ..." | 'Truth' as the U.S. bombing incident, Pohang, 'out' process Turn over the chair for the big yiyoungjo jinsilwi survey

2011-01-13T07:24:00.000-08:00

Translated by Google translator for Chrome (hence poor)
http://www.ohmynews.com/NWS_Web/View/at_pg.aspx?CNTN_CD=A0001508334

[Interview] I yimyeongchun chief lawyer of human rights abuses jinsilwi

Update 11.01.12 16:37 11.01.12 21:16 ㅣchoejong

Kim (wadans)

Kim , yimyeongchun , Truth and Reconciliation , a comprehensive report , the U.S. case , the past-in-law

▲ yimyeongchun Lawyers

Yimyeongchun

The lawyer for the past four years yimyeongchun Truth and Reconciliation Commission (jinsilwi) human rights abuses under authoritarian regimes in the past to investigate the incident served as director of human rights violations. August 19 last year when he jinsilwi yiyoungjo Chairman U.S. bombing incident in connection with the Pohang area jinsilgyumyeongdoen five incidents in power committee to review the results instructed to place notices in the TF team leader is appointed. (Related story: jinsilwi survey results for the larger flip yiyoungjo Chairman )

Special Assistant to the Chairman at the time was yiyoungjo yimyeongchun lawyers 'Truth' decisions (30/06/2010) old Pohang U.S. case 'out of Truth' the correct report was required to rewrite. Yimyeongchun lawyer "jinsilwi Power Board (jeonwonwi) to change the decision to write a report saying" Let's yiyoungjo chairperson for the body only correct decision, not ordered to be assumed.

Under these circumstances, a lawyer with the order and content of the previous investigators 'Truth' and a decision in yiyoungjo chairman of standing committee members and gimyongjik 'Truth dead' in a report that two requests were made.

Yiyoungjo power chair on top of the above report jaesangjeong (already decided the matter because the real prime minister do not fit Chung suggested that was due to report) were.Jeonwonwi (14/09/2010), while the review is to discuss the above matters can not be changed, nothing impossible to determine the content, just looking at the contents (there is no effect of the decision) that was completed.

However, Chairman yiyoungjo 'Truth dead' approval to raise the instructions yimyeongchun let lawyers' unfair to fail to comply jisien defiance was denied approval to a guy. And the chairman of yiyoungjo upsets in the spot where the deposed nurse. After all standing committee members gimyongjik a guy paid for by his secretary, and then we were to receive their payment through the Chairman of this 'out of Truth' notice to the applicant information was tampered with.

In addition, from June to September last year, Chairman yiyoungjo uigyeoldoen deliberate in power above events, or payment over 3 months when it did not work yimyeongchun jinsilwi Council with a lawyer has demanded payment. These requirements for the U.S. business until yiyoungjo chairman has promised to complete the payment.

However, Chairman yiyoungjo violated his promise to travel overseas until the U.S. bombing was not the case for approval. This broke the appointment by the Chairman yiyoungjo oeyuseong go on a business trip, last September 30 yimyeongchun lawyer, "Chairman yiyoungjo without just and reasonable settlement for three months after the final vote did not violate a duty to the integrity of public officials will be given the job by an organic law to set forth the rights and interests of the applicant would violate profoundly, "said a statement released details of the general public. And a few months after returning yiyoungjo chairman of the events have been postponed to no reason for approval was hurried settlement.

Like robots blindly obeying orders from their superiors 'soulless officials' many country who have no hope. Noncompliance with the instructions on the other hand, improper care and want to try to correct the social and health officials are, the more hope. Than following the instructions and just how unfair yimyeongchun lawyers giving priority to email and the last 9 to 12 is divided by the full interview.

- 23 December last year in power above some of complaint received yiyoungjo chairman of the Korea war, U.S. troops committed the bombing incident in Pohang to Singwang mabukri of uncovering the truth about the case out of the existing decision back to the original decision is 'Truth' the reversal said. However, Wolpo-ri, Pohang yigari mangcheonri events and repeated events 'dead' was handled. This reversal of the Commission, the Chairman of yiyoungjo spontaneous decision-making process does not trouble you with this legal?

"As jinsilwi members' combined wisdom and insight to determine the committee structure to determine the time when the Commission decided that even you can not change the contents of the general principles of administrative law is. The decision of this organization among the delegation members are also quite limited. the commissioners' comments and debate this premise is not to whom to delegate, nor a comprehensive mandate to leave the specific delegation is limited. Therefore, 06.30.2010 decision of the court decision, except the truth above, including anyone You can not change.

Therefore, the original decision of the authorities that illegal beonbokhan occasion. But the truth of the above mabukri Complainant's case overturned on appeal because the decision is not a legal issue. But the truth is not like the above principles as a national institution to be seen. Furthermore, in some cases to clarify the truth may have been a healing thing, but let's events mangcheonriwa Wolpo-ri 'Truth dead' as they continue to state beonbokdoen deemed illegal.

- What's the point of surviving?

"Survivors have been the case on the complaint directly to the mabukri down, to the presidential petition (notice that the auditors out of the yicheopdoen) was submitted. Yiyoungjo to prosecutors, as well as chairs and standing committee members gimyongjik accused of misconduct. Furthermore, in truth, the above Administrative Appeal (the truth above the 12/31/2010 end because I will be handling unknown) was raised, and finally to the administrative court proceedings (including proceedings for damages) is a movement to raise.

- Jinbona compensation lawyers also are quite a few of the members left the jinsilwi legally able to understand how these decisions can be made Was not.

"Jinsilwi legal decisions can not only is true. But the state agency can not make the decision illegal. Some members of the legal profession to the needs of the Chairman of yiyoungjo stonewalling was even, and some committee members were strongly protested. This yiyoungjo reconsideration by the Chairman, to approve the block went ahead, made a compromise will be considered to be reported. "

- Last month published a comprehensive report on the truth with regards to the above I have a lot of social controversy. Yisanghwan ago jinsilwi permanent member of "a comprehensive report on the survivors and victims and to prevent the recurrence of the relief effort at all is a factory," general counsel decided unilaterally to protest the power exits from the upper bar. Even before investigators jinsilwi movement that has produced a separate report. Jinsilwi This comprehensive report and recommendations for the lot of criticism and controversy?

"Specific and significant omissions in the event a recommendation is hayeotdaneunde problem. For example, as an emergency measure to determine the case for urgent action unconstitutional and void the decision of the recommendation to enact a law, recommendations from other committees and separate the truth from above Truth be drawn from the case of course need to modify or abolish the National Security Law of the opinion that was ignored.

In addition, prior to 1954, the courts (the Constitutional provisions on the basis of a court-martial on 24 November 1954, because only a court decision rules based on the Constitution, the exercise of public authority is not illegal) ruling by the Constitution is not based on Because the courts invalidated (choeneungjin case), so the legislation to make it and fell recommendations.

The most important of all past rosseoneun Foundation, a group of South Korea after the war times, compensation for victims legislation, dumped the remains of the victims and the memorial should be strongly urged again that business also, but only anbyeonguk former Chairman of opinion during the synthesis of the policy recommendations It was agreed that the report comes out with. "

- General recommendations above, the result of his activities on the basis of true national reconciliation measures should be taken against obligations and future challenges such recommendations, which a content to be included are specified on the Basic Law. Among them, the most important thing you can do it 'times. Compensate the enactment of special laws', 'past, the establishment of the Foundation,' 'facilities built for the remains and buried' look deungyira. However, these three items have already been suggested that during the reign of anbyeonguk chairman and appointed a separate entry to describe the contents of the comprehensive recommendations were excluded. This having been the most important three terms, except the significance of comprehensive recommendations that are not bound by the halved?

"The truth of the past, the above theorem is just the beginning. Since the cleanup continues to be a national past that needs to converge bondamyeon it is very important that these three recommendations. Of course, if it goes ahead will lead to other problems in the country but this is expected to solve problems through discussion not overlook the problems faced by past, I do not think that. also exercise authority with regard to the current legal limits on how much you missed the significance of the recommendations is what counts. "

- Civilian casualties caused by U.S. troops during the war in Korea events related disabilities and their families 'American apple' and 'relief' mentioned in the draft National Plan for Relief to the U.S. side of the room to diplomatic efforts, including efforts to need to 'be replaced with the phrase, the U.S. imposed no responsibility on the part of abandoned calls is not strange that intelligent recommendations there?

"The current U.S. military strike on the issue of 'No Gun Ri incident in the U.S. position in Korea and the position of a division was. And the truth above the U.S. position closer to the U.S. military's responsibility Hope pretends to a decision and recommended a future diplomatic, political, etc. consequences that receive is expected. U.S. bombing devastated the problem is too insignificant compared to the social lights because he sees more problems. "

- The original recommendation in the 'misuse and abuse concerns the national security law the abolition of the' contains was later 'National Security Law, the application of prudence have some reasonable' is a phrase replacing as the meaning itself is completely distorted, abandoned position, what did you Do you see?

"Of course, national security law position on a number of variations. But the truth were identified and specific events throughout the National Security of the abuses, misuse of the actual conditions have seen the truth above the rosseoneun long-term national policy direction of 'recommendations' that level, the National Security Law and the abolition of must have been included. short-term decision for the National Security Act authorized states to apply the necessary caution that there is talk of a compromise of the above recommendations, the truth is the historic mission and long distance. "

- Over the past five years jinsilwi activities difficult and limitations, and if you want to share a rewarding and emotion?

"Clean up past problems have always been in the modern history of the upheaval. Banminteukwi, 4.19 after the effort to identify the victim of a civilian population, 5 gongteukwi, media committee, and past cleanup efforts, including mutilations in the 2000s, this is it. Therefore, the issue of rather than short-term problem, if there is always a problem trying to figure out the truth of this reconciliation and cooperation, it is important. banminteukwi collapse incidents including the assassination of interrogation, was not able to prevail mutilations and identify the limits of truth, he looks up. heowongeun Private events also failed to investigate a suspicious death, etc., etc. It was truly saddened.

Koreans in Japan well say the allegations of espionage operations without driving them to spy sentenced to medium gamyeonseo Republic of Korea for Koreans in Japan to their feelings when they learned that the Republic of Korea, Iran, the country, and what was the heart meokmeokhada now. Of course, true of many operations, but the allegations.

Ganggihun historic ghostwriter in the case of non-specialist with eyes ganggihun and Kim Ki-stand of the match the other spots so I bet gukgwasu officials' appraisal due to the feelings and their own judgments in a keen, prosecutors, judges who ganggihun the guilty one is great As was saddened. In truth, it straightened up after that it was the chance to be really glad.

The National Assembly (the military regime to woo the military statement on the gate against the law to buy up the truth only after an investigation, and to investigate their own laws and regulations while) to a boil in the Roh administration to investigate jinsilwi opinion, despite the obvious donguidae case, the union case, and authoritarian rule is not Gigabit bangyanggyunsageon gakhahan to understand that it was difficult to judge. Ganggihun had been the case during the Truth and Roh regime had never even had said.

In the case against the U.S. bombing of the many issues raised above truth, but believes that they will not be resolved. Therefore, ongoing work continues to be investigated sajinsil past.

Yimyeongchun Lawyer Bios

Jeonjugo Sol 1978

1983 Seoul Law Sol

1985-1997, Seoul Yeongdeungpo, Guro local labor movement

Since 2003, Labor Education Center in southern Seoul twenty-four hyeonjaekka

Institute of Justice in January 2004 completed 33 stage

February 2004 to May 2006 Oseong joint law firm, law firm lawyers Chongsol

2004-2006 School of Human Rights Education Foundation Chairman, public defender

May 2006 to December 2010 by Truth and Reconciliation Commission for the past director of research, including human rights violations

January 2011 ~ Law Firm lawyer to return Chongsol

Again translated by Google chrome translator (so poor)
See the original Korean version @ http://www.ohmynews.com/NWS_Web/View/at_pg.aspx?CNTN_CD=A0001497329&PAGE_CD=&BLCK_NO=&CMPT_CD=A0101

'Truth' as the U.S. bombing incident, Pohang, 'out' process
Turn over the chair for the big yiyoungjo jinsilwi survey

Turn any treatment after four months of approval jeonwonwi ... Surviving members of the opposition,

Update 10.12.22 18:03 10.12.30 09:21 ㅣchoejong

Kim (wadans)

Kim , Truth and Reconciliation , jeonwonwi vote , yiyoungjo , jinsilwi

▲ yiyoungjo jinsilhwahaewi Chairman

Yiyoungjo

The Truth and Reconciliation Commission yiyoungjo the 'Truth' is determined by the power commission to decide arbitrarily dwijipgo 'Truth dead' turned out to be processed.

The Truth and Reconciliation Commission last June 30 (hereinafter, jinsilwi) in the Pohang area bombing by U.S. forces killed 10 gun case filed based on research into 'Truth' or 'out of Truth' as voted.

The power to open up the truth commission investigating filing of four guns and a gun case misincheong identified by the victim admitted that the U.S. bombing of the 'Truth', the remaining 5 bombing of a victim of illegal guns is impossible to determine whether considers to be 'out of Truth' as voted.

This resolution is usually the result of internal administrative procedures can be through the applicant shall be notified as soon as possible. 'Truth and Reconciliation by the Basic Law for the past' according to Article 28 paragraph 1 of the Truth Commission to determine if such a need to specify the reason, and without delay, applicants and respondents, you must notify people. But after a trip abroad due to chair yiyoungjo unattended long as payment is more than 90 days did not materialize. Chairman of the Standing Committee yisanghwan since become an outspoken critic and has two (related article: "Senator! approval to travel abroad and get moving" ).

'Truth' in 'Truth dead' to ... Whatever changes Chairperson jinsilwi survey

Meanwhile, the Power Commission Chairman yiyoungjo ordered a review of the results instead of notice. Last August 19 'U.S. bombing incident in Pohang, TF team, make up, Pohang U.S. to reconsider the case for a new decision of the body inside a fix that will raise payment. Special Assistant in charge of a team TF jinsilwi gukjanggeup causal investigator was appointed three-ins.

Then last September 14 the U.S. bombing of the Pohang area yiyoungjo chair in case the power committee 'Truth' in 'Truth dead' had tried to debate the matter to the review.However, this review did not vote on the above proposal power. Committee members from the power during gimoesuk "again now that we decide that the new law will cause many different problems," he said. Another permanent member yisanghwan the "power is already in the passage above, it is unfair to review and discuss the case," said the entry was sent off.

When the collapsed chair yiyoungjo this review changes to voting approval to a guy ordered a special assistant to team TF. However, the special adviser's lawyer "has already uigyeoldoen Power Commission overturns approval of the report can not be sangsinhal approval," said the instructions were refractory. Then yiyoungjo adviser to chairman deposed on the spot.

After two chairs secretary last November 3 to initiate the appropriate documentation to the clerk after the gimyongjik a permanent member of the middle ear to the settlement 'Truth' parts 'out of Truth' has been replaced by the modified approval to the report. As a result, last June 30 'Truth' as the U.S. bombing incident in five cases, Pohang November 3 issue of the three cases 'dead' deungege notified applicant that has been processed. Jinsilwi power committee 'Truth' through the passage just 4 months, il yiyoungjo 'Truth dead' as is gyeoljaehan change.

"Chairperson rights can not be beyond an arbitrary treatment took place ..."

Jinsilwi Power Commission's vote, except the manner prescribed by law even above jinsilwi power arbitrarily 'Truth' or 'dead' can not replace. As well as information on the survey report does not fit representation ohtaljana to correct grammar or whom the degree of elaboration, etc. are available. But when it matters delegated to the Committee on the resolution as long accepted truth that has been limited.

Committee meetings as determined from the structure of institutions that have decided not to fix the decisions of other state agencies as a recognized state must contend with the effect that the bulgabyeonryeok, not because the principles of competitiveness. When inevitably be corrected only by the trial court's conclusion that can be changed.

Jinsilwi power committee consists of 15 voting members, if made, including of course all the chairs, each one will vote pyossikmanui. But you have a table uigyeolgwonman yiyoungjo Chairman jeonwonwi vote overturns 'Truth' a sacrifice to the case 'out' events will byeongaehan. A National Assembly plenary session in which 'vote' points the next day the Speaker agrees to notify the government documents for the approval from the random 'reject' is no different to send to the change.

Non-executive members about this jinsilwi yigiuk "they did not have a serious legal problem. unimaginable happened," he said. He also "yiyoungjo Chairperson in conducting the meetings jeonwonwi role as a moderator, but the details have already uigyeoldoen the right to arbitrarily overrule no, "he said.

Pohang area of the U.S. bombing incident yujokin Yugye-ri ae said, "can not comprehend yiyoungjo Chairperson for any legal action and will fight to the end," he was furious.Pohang U.S. bombing survivor events above the truth, saying it could not accept the results of the survey is a certain appeal. The truth of the above Committee held the power of 23 days to appeal their families are expected to argue.

Contact Public Relations Office jinsilwi about this room, but the truth upside "nothing to say apart" the replied, and started over.

Attachments

Overview of the U.S. bombing incident Pohang decision-making process. Hwp

Former S. Korea dissidents awarded $6mn payout

2011-01-13T07:00:00.000-08:00

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– Wed Jan 12, 11:07 pm ET

SEOUL (AFP) – A Seoul court on Thursday awarded three former dissidents and their families some $6.3 million in damages for their suffering from false subversion charges under a past authoritarian government.

The Seoul Central District Court ordered the government to pay the compensation to the victims of the "false" charges fabricated through "unlawful means including torture".

Lee Gang-Chul and two others were arrested in 1974 for allegedly planning to start a riot to topple then President Park Chung-Hee's authoritarian regime.

They were said to have taken orders from an "underground" communist network in South Korea and a pro-Pyongyang group in Japan.

The three were sentenced to 15 years in jail in 1975. Lee served more than seven years and the two others served 33 months and 11 months respectively before being released on parole.

Lee later served as a presidential aide under the administration of the late President Roh Moo-Hyun, after South Korea restored democracy.

"Investigators extracted false confessions through overnight questioning, torture and threats. They were also found guilty because of false or flimsy evidence," the court said in a statement.

The then Korean Central Intelligence Agency (KCIA) played a leading role in fabricating false charges against the dissidents, the statement said.

The victims and 28 of their family members sought a retrial at the recommendation of the Truth and Reconciliation Commission, a committee established to investigate past human rights abuses.

They filed a damage suit last year against the government, seeking 8.3 billion won ($7.4 million).

http://news.yahoo.com/s/afp/20110113/wl_asia_afp/skoreapoliticstrial_20110113040735

2011/01/13 09:30 KST

Dissidents, family get W7.1 bln compensation from state for false subversion charge

By Kim Eun-jung
SEOUL, Jan. 13 (Yonhap) -- A Seoul court ordered the government to pay three dissidents and their families some 7.1 billion won (US$6.3 million) in compensation for their suffering from false subversion charges under the military government of the 1970s, court officials said Thursday.

   Lee Gang-chul, a former presidential aide under the Roh Moo-hyun administration, and two other liberal activists were arrested and indicted in 1974 on charges of masterminding a riot at the order of an underground communist organization and pro-Pyongyang group in Japan. They were sentenced to 15 years in jail by a top court in 1975 and served their terms ranging from 11 months to more than seven years, then later released on parole.

   The victims and their 28 family members sought a retrial at the recommendation of the Truth and Reconciliation Commission, a special committee established to investigate past human rights atrocities, and filed a suit last year against the government seeking 8.3 billion in reparations after being acquitted of the charges.

   The Seoul Central District Court said law enforcement agencies violated due process when arresting the defendants and had taken their confessions under duress. Also, evidence backing the subversion charge was insufficient and unconvincing, it said.

   "The state should compensate the people directly concerned and their family members for the damage caused by the illegal conduct," the court said in a ruling.

   The compensation includes 2.5 billion won in principal plus accumulated interest over 30 years, which amounts to 4.6 billion won.

   ejkim@yna.co.kr
(END)

http://english.yonhapnews.co.kr/national/2011/01/13/34/0301000000AEN20110113001800315F.HTML

Reconciliation and Forgiveness

2011-01-13T06:55:00.001-08:00

Play in either Real OR Windows Media players

In a special edition of Outlook, Matthew Bannister speaks to people who have suffered huge personal trauma but have chosen to go through a difficult personal journey to try to forgive those they hold responsible for their grief.

He also talks to broadcaster and author Reverend Ruth Scott, who uses storytelling to help soothe the wounds of conflict all across the globe.

Jo Berry and Patrick Magee

Jo Berry and Patrick Magee have a very unlikely friendship.

Patrick Magee is a former member of the IRA who was given eight life sentences for bombing a hotel in Brighton, England, in 1984, killing five people and injuring many others.

Jo Berry is the daughter of one of the people who died in the bombing - the MP Sir Anthony Berry.

Patrick was released from jail after serving only 13 years - thanks to the Good Friday Agreement which started the process of reconciliation in Northern Ireland.

Since then - despite Jo's loss and their obvious differences - Jo and Patrick have struck up a close friendship.

They speak regularly on public platforms, discussing reconciliation, peace and understanding, in the hope that they can ease not just their own pain but also that of many others.

Park Chun Hwan and Im Bong Taek

The story of South Koreans Park Chun Hwan and Im Bong Taek is one of torture, betrayal and reconciliation.

40 years ago Park Chun Hwan was captured by North Korea and then arrested on his return to the South and subjected to terrible torture.

Under this pressure he betrayed his innocent friend Im Bong Taek, who was also arrested, tortured and imprisoned.

Now a Truth and Reconciliation Commission in South Korea has arranged for the two men to meet.

And despite his treatment Im Bong Taek says he now forgives his old friend.

Rami Elhanan and Bassam Aramin

Israeli Rami Elhanan and Palestinian Bassam Aramin have both lost daughters in the conflict between their peoples.

But instead of demanding revenge, they are working together for peace.

Rami and Bassam are part of a 500 strong group called The Circle of Bereaved Parents and have now become close friends.

http://www.bbc.co.uk/worldservice/programmes/2009/12/091222_outlook_reconciliation.shtml

Nepal: Identity Politics and Federalism

2011-01-13T06:04:00.000-08:00

Asia Report N°19913 Jan 2011

EXECUTIVE SUMMARY

Federal restructuring of the state has emerged as a major demand of ethnic and regional activists in Nepal. The debate about it is extremely politicised. Federalism is not simply the decentralisation of political power; it has become a powerful symbol for a wider agenda of inclusion, which encompasses other institutional reforms to guarantee ethnic proportional representation and a redefinition of Nepali nationalism to recognise the country’s ethnic and cultural diversity.

Activists demand the introduction of reservations to guarantee proportional representation of marginalised groups in government and administration. They want provinces to be named after the most numerous ethnic and regional groups and boundaries drawn to make them dominant minorities. Some claim to be indigenous to these regions and demand preferential rights to natural resources and agradhikar – priority entitlement to political leadership positions in the future provinces.

Ethnic and regional demands were important parts of the Maoist agenda during the civil war; in eastern Nepal, much of their support depended on it. State restructuring became a central component of the 2006 peace deal. After violent protests in the Tarai in 2007, federalism was included in the interim constitution as a binding principle for the Constituent Assembly.

But of the three major parties, the Maoists are the only one to give full-throated support to federalism and the establishment of ethnic provinces. Identity politics may sit uneasily with their class-based ideological framework but federalism is of great importance for them. Now that the former Hindu kingdom is a secular republic, it is the most important point left on their short-term transformative agenda. Much grassroots support, the loyalty of ethnic and regionalist activists within the party and their wider credibility as a force for change depend on them following through.

Both the Nepali Congress (NC) and the Communist Party of Nepal (Unified Marxist-Leninist), UML, have accepted federal restructuring. They have actively participated in drafting a federal model in the Constituent Assembly. There is agreement on most institutional arrangements including the division of powers between provinces and centre. But this process has been driven by longstanding proponents of federalism within both parties, none of them very influential. It is unclear whether there is a wider consensus. Both parties have agreed to federalism in the spirit of bargaining; neither of them owns the agenda. Behind the official positions there is significant resistance to it.

Backtracking on federalism is politically impossible. Both the NC and UML are already struggling to retain cadres and leaders from minority backgrounds. But deferring crucial decisions, or stalling the constitutional process altogether, could be tempting for those opposed to change. The assumption that the Maoists have both the most to gain and the most to lose from the constitutional process could lend wider appeal to the idea.

The risks are hard to calculate. Ethnic and regionalist groups, already suspicious of the major parties’ commitment to federalism, threaten protests and ultimately violent resistance should it not come. Their eyes are on the 28 May 2011 deadline for the promulgation of the new constitution. Popular support is most widespread among Madhesis in the central and eastern Tarai and members of ethnic groups in the eastern hills. Many Madhesis are disillusioned with their leadership, but feel reforms are incomplete. The organisational landscape of ethnic activists in the eastern hills may be fragmented for now, but underneath lie strong personal and political networks. Activists are getting frustrated and the mood is becoming more militant. With an issue to rally around they are likely to coalesce; a politicised population would easily be mobilised for protest movements, should federalism not come.

Not all want federalism. Popular opposition to ethnic federalism in particular is substantial, by virtue of its association with identity politics. Many Brahmins and Chhetris, the dominant caste groups, fear they will lose out from the introduction of ethnic quotas and federal restructuring. But organised resistance is limited and fragmented. Open opposition only comes from a fringe of the political left which fears Nepal’s unity. Several Chhetri organisations are not against federalism itself but want to defend their group’s interests in the restructuring process. Pro-monarchy groups and the Hindu right are less concerned with federalism than with the republic and secularism. But given the common uneasiness with the redefinition of Nepali nationalism, a broader conservative alliance is a distinct possibility.

The structure emerging from the Constituent Assembly, federal but with a strong centre, offers a feasible compromise. If the NC overcomes its aversion to provinces named after ethnic and regional groups, the new constitution will offer important symbolic recognition of Nepal’s cultural diversity. In combination with the language rights and proportional representation in administration and government envisaged, this would go a long way towards meeting popular aspirations among ethnic and regional groups. The fact that the draft offers little scope for preferential rights beyond proportional representation as well as strong individual rights provisions should allay Brahmin and Chhetri fears of future discrimination. Not promulgating the constitution in time or deferring a decision on federalism, however, could spark serious unrest.

Kathmandu/Brussels, 13 January 2011

http://www.crisisgroup.org/en/regions/asia/south-asia/nepal/199-nepal-identity-politics-and-federalism.aspx

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"Failure to jisien unjust law than the instructions first ..." | 'Truth' as the U.S. bombing incident, Pohang, 'out' process Turn over the chair for the big yiyoungjo jinsilwi survey

Former S. Korea dissidents awarded $6mn payout

Reconciliation and Forgiveness

Nepal: Identity Politics and Federalism