Friday, May 19, 2006

Constituent Assembly Elections Before Dashain


Is it possible? I think so.

The 204 people in the revived House were elected in 1999. That is not exactly a mandate. The revived House is at best a temporary measure. And so this House should work to stick around for the shortest possible time.

Get a fresh mandate. Don't linger around for too long.

Reining in the king and the army was necessary to move towards the constituent assembly elections. Now we have to hold peace talks with the Maoists. And those talks have to be fast paced. And they can be fast paced because the end result has already been agreed upon. That end result: constituent assembly elections.

Power is a curious thing. When you get it, you like the taste of it. I think the current cabinet has to watch out for that. Some in the cabinet are saying this government will last 18 months. That is too long a time frame. Don't get too used to the perks that come with power.

Basically what has to happen is no voter in Nepal should have to fear either of the two armies when they go to the polls. That is the idea.

You do that by laying down arms. Both armies will have to lay down arms. And both armies will have to enter the barracks.

The arms that will be laid down will become the property of the future unified national army to be put for safekeeping with UN peacekeeping forces. Will it be the UN's job to make sure all arms were submitted? No. The two armies will have to convince each other. And they will have to allow cross checks by each other. And they will have to invite the civil society for cross examinations.

Once disarmed, the two groups of soldiers should be put together, I think. Organize interaction programs, reeducation programs. Maybe teach them courses in Human Rights. Kind of a hostel environment. Organize vocational training. Teach them computer skills, maybe. Teach them language. Help them better their reading and writing skills. Keep them preoccupied with non-martial stuff.

And I recommend African soldiers for peacekeeping. One, they will be less touchy locally than Indian or Chinese soldiers. And Nepal needs to get in the business of exporting revolution. Africa needs it more than any other continent. And Kofi Annan and Samuel Tamrat are both African, and both have played key roles in Nepal, and will play larger roles down the line. It will also be a token of appreciation. Besides Nepali soldiers have gone to Africa for peacekeeping before. Payback time.

All political parties that contest the constituent assembly elections will go to the people with a clear stand on both the monarchy and the army.

I don't know the exact figures, but let's assume the state has 90,000 and the Maoists 20,000 soldiers.

Each party will go to the people suggesting how big the army should be, and what ought to be its composition.

I would say 30,000 strong, with 30% women, 30% Madhesi participation. All 110,000 will be thrown into a pool. And global military standards will be used to select the 30,000 most qualified. The women and Madhesi will be pulled from that same hat, and if that not be sufficient, new soldiers will be recruited.

And the 80,000 that will not make it will be helped with job training and education so they can enter the economy. For that we will have to seek foreign money and expertise. I hope the big powers will help. I think they will.

Each party will also have to spell out the kind of meritocratic hiring and firing practices, promotion guidelines they want in the army.

So basically you are dismantling the two armies, and then building a new one from scratch.

Do all parties have to follow my guidelines? Not at all. But whatever guidelines they follow, they will have to write them down clearly and present them to the people. It is for the people to decide what the future Nepali army will look like.

The army issue is just like the monarchy issue. Each party is going to have to take a clear stand. And then go to the people.

The Nepali people deserve to see a new parliament before they go into the festival season. Let the festivals be a genuine celebration. If the country still has two standing armies during the festival season, it will be a betrayal of the April Revolution.

A New Nepal Has Been Born
Public Trial
Land Reform, Truth And Reconciliation
Dismantle The Two Armies
18 Days Of April Revolution: Victory
Constituent Assembly: 300 Seats Of Roughly Equal Population

In The News

Maoists must disarm: DPM Oli NepalNews
Victory rallies held across the country
Dabur Nepal closes down its factory
King will be a citizen after election of constituent assembly: Nepal
US, EU welcomes the HoR proclamation
Full text of the HoR Proclamation
Full text of US Assistant Secretary Boucher’s testimony
"Satisfactory, but not adequate": Pro-democracy fighters
Gradual improvement in Ranabhat’s health
Myths and martyrs
Govt. declares public holiday on Friday
SC dismisses restrictive media policies
Maoists welcomes HoR declaration cautiously
Nepal’s sweeping changes spell the end of a dynasty

BJP, allies protest Nepal decision Hindustan Times, India
Secular Nepal no good for India: Uma Chennai Online
Erasing the 'royal' in Nepal
BBC News, UK
Nepal rebels back move to curb king Washington Post
It's punch time for Nepal Prince! Hindustan Times If made to earn their own living, Nepal's royal family would be put in a very tight spot indeed. Neither Paras nor his sister Princess Prerana nor wife Crown Princess Himani has a college degree..... Besides a fondness for football, fast cars, frequenting nightclubs, golf and letting fly with his fists, the crown prince is not known to have any other talent.
King loses powers, Nepal is secular Deccan Herald
BJP rues Nepal's switch from Hindu to secular state
Times of India, India
BJP bats for a Hindu state in Nepal Outlook (subscription)
End of the road for Nepal's Shah dynasty
NDTV.com, India
Nepal learns to look beyond the King CNN-IBN
Nepal rebels watch, wait
Chicago Tribune, United States
Nepal's Maoists Welcome Parties' Proclamation
OhmyNews International, South Korea
Nepalis Dissatisfied With New Government OhmyNews International
Nepal Faces Limited Opportunity for Peace, State's Boucher Says
Washington File, DC
US ready to resume military aid to Nepal Financial Express.bd
America Still Tough on Atrocities, violence of Nepal Maoists Nepal human Rights News
US Ready To Give Military Aid To Nepal On Request
All Headline News

After the Proclamation Kantipur Publications
Delhi magistrate court orders release of Nepali activists
Govt orders offices, public places to remove "Royal"
Govt talks team within this week: Deputy PM Oli
U.S. welcomes 'historic' House proclamation
Nepali taekwondo master selected as US national team coach
Pokhara celebrates historic House Proclamation
A Scene Outside Nepalese Embassy in Delhi
Tamrat to Nepal govt, Maoists: Sign ceasefire declaration
Nepal Army concerned
Now people are fully sovereign: Leaders
संसद्को सर्वोच्चता
घोषणा तत्कालै कार्यान्वयन
सेना अब जनताको’
शाही शब्द मेट्न खोज्दा गिरफ्तार
निकुञ्जबाट सैनिक हटाउन माग
चार महिनादेखि थुनेर यातना
सशस्त्र प्रहरीद्वारा अमानवीय यातना
संसदीय सर्वोच्चताको अर्थ
प्रतिनिधिसभाको घोषणा-२०६३
जनअधिकारपत्र घोषणाको क्षण

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Dixit, Lawoti, Tamrat At Asia Society









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Thursday, May 18, 2006

A New Nepal Has Been Born




Royal powers curtailed drastically, HMG/N becomes Nepal govt, RNA turns into Nepali Army, Nepal declared a secular state NepalNews The Rastriya Prajatantra Party and Rastriya Janashakti Party, which are not the constituents of the SPA also supported the proposal ...... no members of the parliament voted against the proposal...... depriving His Majesty the King of all the privileges enjoyed by him and declared the reinstated House as “supreme.” ...... the provision of Supreme Commander-in-Chief of the Royal Nepalese Army being held by HM the King has been scrapped. The provision has deprived the King of his control over 90,000 soldiers of the country........ dissolution of the Raj Parishad Standing Committee ....... the parliament will form necessary procedure to go for the election of the constituent assembly........ the full executive power will lie to the parliament........ the monarch will not have any authority to enact the law concerning royal succession, which will be done by the parliament....... scrapped the provision that His Majesty the King’s acts could not be challenged before the parliament and the Court........ changing the name of the Royal Nepalese Army into Nepali Army, and replacing “His Majesty’s Government” with the “ Government of Nepal”....... monarch will no longer convene a session of the parliament....... the Speaker of the House of Representatives shall convene the session on the recommendation of the Prime Minister. A special session of the House can be called on the request of 25 percent of the lawmakers........ The cabinet will decide about the appointment of the army chief, mobilisation of the army will be done as per the decision of the council of ministers. However, that will have to be approved by the stipulated parliamentary committee........ made the income and assets of the King taxable........ the parliament will fix the expenditure of the Royal Palace....... has declared all the provisions of the Constitution and laws that contradict this proclamation “ as nullified"......... it is not necessary to be the member of House of Representatives to be the minister......... has declared Nepal as a secular state and added that the government will make provision for resolving the citizenship problem.
“Historic” proposal tabled at HoR
Cabinet approves HoR proclamation
This is huge. This might not hit the world headlines, but this is huge. Like humongous huge.

Dean, DFNYC, Daily Kos, Justin, Brooklyn, Nepal

Now finally the parliament can tackle the army like it tackled the king. We don't have to wait for the peace talks to fire a few bad apple generals. We know who they are. We have to restructure the top level right away.

Just like we have now gotten rid of the shadow of the king and the army from the constituent assembly elections, we have to now do the same to the Maoists. The elections have to be utterly free and fair or they will have no meaning.

The beauty of what just happened is that a parliament did it. That is the 21st century way. The people already voted for a parliament. They should not have to come out into the streets, they should not have to face batons and bullets.

Interim Constitution, Revolutionary Parliament (April 8)


Audio: Baburam Bhattarai

Nepal Lawmakers Move to Limit King's Powers Washington Post, United States To be enacted, the resolution must be voted on as a series of laws, officials said. That was expected in the next few days. ..... laws will be drafted to implement the resolution ...... Earlier, the government banned rallies around key areas in the capital ahead of the vote.
Nepal parliament approves plan to cut king's powers Reuters AlertNet
Nepal clips King Gyanendra's wings Rediff
Nepal government to curtail King's powers NDTV.com

Nepal issues prohibitory order in capital city Xinhua, China
Monarchy in Nepal to end within a year: party leader Xinhua, China Bam Dev Gautam has claimed that monarchy in Nepal will end within one year...... According to Gautam, the seven-party alliance should join hands with the anti-government guerrillas to form an eight-party alliance to finish the monarchy in Nepal.
Monarchy will End Within a Year: Bamdev Himalayan Times
UN ready to monitor truce in Nepal: Special Advisor United Nations (UN) has agreed to assist Nepal in arms management and is ready to monitor the cease-fire and to be an observer during an election to a Constituent Assembly...... UN has not offered to play the role of mediator here, but is ready to monitor the cease-fire and be an observer...... The UN will help only when the Nepali government and anti-government guerrillas agree and request UN help

Maoists Should Lead Interim Govt: Yadav Himalayan Times Matrika Yadav said today that the Maoists must be allowed to lead the interim government.... Yadav said action would be taken against those collecting donation forcefully...... "We will continue collecting donations but it won't be forceful," Yadav said. He added that the Maoists would not threaten or take any kind of action against those opting not to give donations to the Maoists. He said that the Maoists are compelled to collect donations to run the party, militia and the Maoist government....... He took moral responsibility for the past criminal activities carried out by the Maoists.
Khadka Flays Deuba's Political Myopia
Cabinet expansion on backburner
AG says House is not be-all, end-all

India must checkmate ISI influence in Nepal Sify, India
Nepal-India border issue in Indian parliament Kantipur Online
Sexual Violence in Nepal's Conflict
American Chronicle, CA
House should be allowed to fulfill responsibility Gorkhapatra
Local leaders sore over Maoist reluctance to return property Gorkhapatra

US wary of Nepal Maoists despite truce: official Reuters Washington was willing to help Nepal's security forces if the government requested it. ...... "there are multiple reports of the Maoists' continued campaign of violence, extortion (and) shakedowns."

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HoR Proclamation

1. LEGISLATIVE

1.1 All the rights regarding the legislative body of Nepal shall be exercised through the House of Representatives. The procedures for formulating laws shall be as specified by the House of Representatives.

1.2 The procedures for moving on the path of Constituent Assembly shall be as fixed by the House of Representatives.

1.3 Calling of the session of the House of Representatives and its conclusion shall be as follows:-

a. The calling of the session shall be by the prime minister and will concluded by the speaker on the recommendation of the Prime Minister.

b. The speaker shall fix the date for the session or meeting to hold within 15 days if request is made before the speaker by one fourth of the total members at the moment in the House of Representatives citing that it is appropriate to call a session or a meeting when the House of Representative is not being held or if the meeting is stalled.

1.4 The House of Representatives shall formulate and implement the House of Representatives regulations.

2. ON EXECUTIVE

2.1 All the executive rights of Nepal as a state shall rest on the Council of Ministers.

'His Majesty's Government' shall be termed 'Government of Nepal' from now onwards.

2.2 Persons who are not the members of the House of Representatives can also be nominated in the Council of Ministers.

2.3 The Council of Ministers shall be responsible towards the House of Representatives. The Council of Ministers and the ministers collectively and for the works of their ministries shall be personally responsible towards the House of Representatives.

The administration, army, police and all the executive organs shall be under the purview of the government that is responsible towards the House of Representatives.

2.4 The allocation and transaction of business of the government shall be presented at the House of Representatives after its passage from the Council Of Ministers.

3. ON ARMY

3.1 The name "Royal Nepal Army" shall be changed to "Nepalese Army".

3.2. The Existing provision regarding the National Security Council has been repealed. There shall be a National Security Council under the chairmanship of the Prime Minister in order to control, use and mobilize the Nepalese Army.

3.3. Chief of the Army Staff of the Nepalese Army shall be appointed by the Council of Ministers.

3.4. The existing arrangement of Supreme Commander of the Army has been revoked.

3.5. The decision of the Council of Ministers on mobilizing the Nepalese Army, must be tabled and endorsed within 30 days from the special committee assigned by the House of Representatives.

3.6. The formation of the Nepalese Army shall be inclusive and national in nature.

4. ON RAJ PARISHAD

The existing provision of Raj Parishad has been revoked. Necessary works being performed by the Raj Parishad shall be as per the arrangement made by the House of Representatives.

5. ON ROYAL PALACE

5.1. The right to make laws, amend and nullify regarding the succession to throne shall rest on the House of Representatives.

5.2. Expenditure and facilities for His Majesty the King shall be as per the decision of the House of Representatives.

5.3. The private property and income of His Majesty the King shall be taxed as per the law.

5.4. Acts performed by His Majesty the King are questionable in the House of Representatives or in court.

5.5. Existing Royal Palace Service shall be made part of the civil service.

5.6. The security arrangement for the Royal Palace shall be as per the arrangement made by the Council of Ministers.

6. THE EXISTING PROBLEM REGARDING CITIZENSHIP SHALL BE INSTANTLY RESOLVED.

7. THE EXISTING "NATIONAL ANTHEM" SHALL BE CHANGED BY MAKING ALTERNATIVE ARRANGEMENT.

8. NEPAL SHALL BE A SECULAR STATE.

9. MISCELLANEOUS

(a) All the state organs and bodies shall exercise their rights as having been authorised by this House of Representatives and with full faith towards it.

(b) Specified officials holding public posts shall take oath of office from the House of Representatives in specified manner. Officials who ignore receiving oath of office shall be relieved of their posts.

(c) The inconsistent legal arangements of the Constitution of the Kingdom of Nepal-1990 and other prevailing laws, with this declaration, shall be nullified to the extent of inconsistency.

(d) Any difficulty that may come while implementing this declaration shall be removed by a decision of the House of Representatives.

(e) A committee shall be there in the House Of Representatives for the purpose of implementation of sub-clause (c) and (d) above.

Wednesday, May 17, 2006

Prosecutors, Do Your Homework


The question is not if the villains of the previous regime should be brought to justice or not. The question is how to follow due process while doing it. There is a rule of law way, the universal human rights way to do it, and there is an ad hoc, Public Security Act way to do it.

We can't bungle this one.

We fought for rule of law. We fought for due process. We fought for the right to public trial. We fought for the right to legal representation. We fought for human rights.

And so it is very important to do it right. It is very important to do the homework.

Yes, people can be detained before they are tried. Yes, they can be tried. But when you detain them, you do have to make a clear case. And when you finally try them, you sure have to make a very clear case. There have to be examinations and cross examinations. Evidence and witnesses have to be presented. The whole nine yards.

There is no dearth of expertise in our camp. The Nepal Bar Association is full of people who are masters of this whole mechanics. They have all the know how. But the political leadership has to know to ask for advice and help.

Law Enforcement

Vandals roamed the streets on Tuesday. And they had a few hours of free ride. That can not be tolerated. These are monarchists who think they can also come out into the streets like we did. Sure they can march and protest. Why not? And it is for them that we are going to organize the constituent assembly elections. They have the option to win the hearts and minds of the people and save the monarchy if they can. Let them campaign.

But vandalism can not be tolerated, should not be tolerated. Such vandal acts should be termed counter-revolution, small as they might be. Every revolution in history has had an element of that.

Cabinet Expansion

It is ridiculous, the ways of the NC(D). Get over it. Let's move on.

Supreme Parliament

I can't wait. That will be a big day. Then things can move much faster after that.

In The News

OHCHR concerned over detention of five ex-ministers under PSA NepalNews
Finance Minister urges donors for budgetary support
India to discuss security issues with Nepal
Govt transfers 32 CDOs
Maoist inmates end hunger strike
Lock out lifted at NTB
Govt committed to materialise dreams of martyrs, says PM
Maoists deny their hand in Tuesday's protests, UML leader urges for restraint

Nepal asks for more foreign aid BBC News, UK
Financial White Paper Gorkhapatra
In Nepal, cabinet changes delayed by coalition infighting
International Herald Tribune, France
Nepal Cabinet expansion delayed due to internal differences Zee News
NC-D Fails To Pick Up Parliamentary Leader Himalayan Times
NC-D Fails To Pick Up Parliamentary Leader Himalayan Times
Nepal to break royal power grip
The Age, Australia
Nepal to cut king's powers United Press International
Royal powers lost under Nepal's new law Telegraph.co.uk
An awkward time in Nepal Deccan Herald
Nepal lawmakers to propose curbs on royal powers
Financial Times, UK
Nepal govt positive about releasing jailed cadres: Prachanda NewKerala.com
Maoists recruit 400 men and women in their militia: Nepal Army NewKerala.com
Maoists ask Nepal govt to form team for talks Navhind Times
Nepal government gets showcause notice
NDTV.com, India
Nepal SC issues notice to gov't for detention of ministers Islamic Republic News Agency
Show cause notice to Nepal Govt on detention of 2 ministers NewKerala.com
Two Royal govt ministers challenge legality of their arrest NewKerala.com
Nepal Maoists Still Forcing People for Donations: Army Nepal human Rights News
Nepal-India border issue in Indian parliament
Kantipur Online, Nepal
India, Nepal have different perception on boundary: Mukherjee Zee News
Gov't to remain active in maintaining peace in Nepal: PM
Xinhua, China

UN, India have meeting of minds on future UN role in Nepal Kantipur Publications
Nepal-India border issue in Indian parliament
Finance minister appeals, donors pledge support
NC-D dispute continues; fails to choose PP leader, amend statute
Proclamation will further strengthen parliament: Nepal
17 Surrendered Maoists released
PM assures action against army
Govt to unveil Rural Investment Plan
I will be most happy if people remove king: Deuba
Prachanda requests Maoist detainees to end hunger strike
घोषणा ढिलाइको आक्रोशमा प्रदर्शन
ढिलाइ नहोस्’
राजा हटाएको दिन सबैभन्दा खुसी म हुन्छु’
ँघोषणा भोलि तीन बजे’
संसदीय दल नेताबारे तीव्र विवाद
अपांग सभामुख र महिला गृहमन्त्री
ँसहिद छोराको नामले चिनिन चाहन्छु’
आयोगद्वारा युद्घविराम सम्झौताको मस्यौदा प्रस्तुत
सीमा मिच्दै भारतद्वारा सडक निर्माण
कोषले घाइतेलाई २ लाखसम्म दिने
लोकतान्त्रिक गणतन्त्र स्थापनामा बढ्न आग्रह
ढिलाइको आक्रोश
पाँचौ आयाम
राष्ट्रियगानको पृष्ठभूमि
प्रतिनिधिसभा घोषणापत्रको उद्देश्य

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Shobhakar Budhathoki: Transitioning The “Royal” Nepal Army


Transitioning the “Royal” Nepal Army

Shobhakar Budhathoki1

Nepal’s military has always played a primary role in dismantling the democratic system and in establishing an authoritarian royal regime in the country. Although the Nepalese military has demonstrated a relatively good performance record in UN peacekeeping missions, it has maintained an exceedingly destructive identity domestically and has maintained its loyalty only to the monarchy and has engaged in actions to suppress the people’s aspirations for democracy both with its involvement in the 1960 coup and again in 2005.

During the 30 years of the autocratic panchayat regime (1960- 1990), the military was used to carry out repressive measures against democratic forces and was responsible for disappearances and killings of political party activists. After the restoration of democracy in 1990, the military was, in theory, placed under the National Security Council headed by the Prime Minister. In practice, the King, as the supreme commander of the army continues to exercise authority over military deployment and the daily business of the army through the military secretariat located inside the palace. In principle, Nepal’s military was not created for encounters within the country or for internal affairs, and in fact was not deployed for the first five years of the insurgency launched by the Communist Party of Nepal (Maoists). The army even often refused to assist in emergency operations to rescue the Nepal Police during the insurgency.

As King Gyanendra took the throne after the mysterious royal massacre in June 2001 (that killed a total of 10 royal family members including the whole family of King Birendra), the military suddenly became enthusiastic to play a proactive role in internal issues, including the custom offices of the Nepal- India borders and ongoing violent conflict. The army has carried out the instructions of the palace and ignored those of the prime minister by refusing to engage during the emergency situation mentioned above, carrying out security operations during the 2001 ceasefire and dialogue period, and refusing to return to their previous non-engagement status after the 2001 “state of emergency” thereby continuing their deployment without legal authority. The military has also acted as the private army of the king when they provided full support of the King’s assumption of all executive powers in October 2002. The army also played a provocative and offensive role aimed at disrupting the peace process in 2003. The army, and armed police under the “unified command,” played the lead role in planning and executing the King’s February 2005 coup that established an authoritarian and dictatorial regime. The military also carried out numerous brutal operations and indiscriminate killings during the 2005/06 Maoist unilateral ceasefire including the Nagarkot massacre, and the Palpa and Morang killings. Last, but not least, the military was aggressively deployed against the people’s nonviolent movement that reached its peak in April 2006, and are responsible for injuring thousands, killing nearly two-dozen peaceful protestors, and for systematically committing some of the most egregious human rights abuses.

During the King’s direct rule (February 2005 – April 2006), the military led the unified command (comprised of the armed police and regular police) and carried out numerous brutal acts of suppression of the democratic movement and killed innocent civilians in the name of eliminating the Maoists throughout the country. The military came to the street to suppress peaceful demonstrations in April 2006 and indiscriminately fired on crowds in different parts of the country that killed at least 21 Nepali citizens and injured more than five thousand peaceful agitators, that resulted in hundreds being permanently disabled. Before the nonviolent demonstrations, and even prior to the 2005 coup, the military was responsible for disappearances, extrajudicial killings, and using torture, all on a systematic level.

The Royal Nepal Army has never demonstrated its commitment toward the people and instead has blindly supported the King’s autocratic steps. The institution of the military has neither practiced democratic principles, nor made any attempt to detach itself from the picket of the monarchy. Instead, the military has acted only to please the monarchy and carried out actions as the monarchy’s personal army. The structure, system, and methods of the army are in themselves autocratic and feudal. Only royal relatives, or those among the privileged elite may be among the top-ranking officers and advisers to the palace. Therefore, the army, in order to serve a democratic nation and terminate the practices that are illegal (torture, disappearances, etc…) it must face a restructuring and transform from a “Royal Army” to having a loyalty to the people’s institutions such as parliament, and to an army who respects and abides by the rule of law. Despite the promises of the new government to put the military under the parliament, whereby respecting the people’s aspirations during the movement, the act of doing so has not materialized properly and in a timely manner. Even if the legal changes are made by the new government the genuine conversion of loyalty from the monarchy to the citizens of Nepal will not be achieved, and as long as the army remains under the command of the King, legally or not, democracy and its institutions in Nepal are under threat.

Therefore, some essential steps must be immediately taken to compel the military to be accountable to the people. The following actions are also recommended to complement the new government’s attempts to restructure the military and increase international support to achieve this noble mission of the people’s government to create an actual Nepali people’s army.

  1. Call on the international community to continue the suspension of all military aid, whether financial, trainings, or weaponry, until the full transition of the army.
  2. Immediately address the atrocities occurred during the peaceful movement and expel those responsible for abuse and acts of excessive force.
  3. Conduct an investigation of systematic human rights abuses committed by the military that are outlawed and publicly punishable and include systematic abuses such as rape, torture, disappearances, arbitrary detention in military barracks, and extrajudicial killings.
  4. Expel the Chief of Army Staff, as the government suspended a total of nine senior officers of Nepal Police and Armed Police, including three heads of the security forces on the charge of their involvement in suppressing democratic movement.
  5. Immediately terminate the military secretariat located inside the palace as part of the process of creating a Nepal Army.
  6. Seize the passports of all military commanders throughout the country who prepared strategies and issued orders to field commanders, and field commanders who were deployed to suppress the peaceful movement and carried out atrocities in the name of controlling the insurgency, until they can be fully investigated and charged and tried in order to prevent their efforts to flee prosecution.
  7. Terminate all services rendered by the state to former military senior officers, such as private protection and other state privileges.
  8. Suspend field commanders who were personally involved in suppressing the peaceful demonstrations either by issuing orders, or being complicit in the actions of his unit (many can be identified according to their deployment in areas where serious incidences occurred), until they can be tried for their actions.
  9. Freeze the bank accounts of high-ranking officers of the security forces, while the military has been identified as one of the most corrupt institutions by the Auditor General’s office. This will assist in preventing them fleeing prosecution for either human rights abuses, abuse of power, or misuse of funds.
  10. Call on the international community to refuse entry into their countries of human rights abusers, including military officers and those being investigated, and to make public the international bank accounts of those perpetrators.
  11. Urge the UN Security Council and the Department of Peacekeeping Operations to immediately suspend the Nepali military’s participation in peacekeeping operations and establish a pre-condition of resumption only after the complete democratization of the military, including its demonstration of loyalty toward the citizenry.
  12. Request the international community to deny all types of short-term or long-term jobs to Nepal’s current or former military officers because of their involvement of carrying out atrocities and human rights abuses.
  13. Work with the human rights community to determine the strategy for efforts to hold perpetrators to account after the initial judicial commission’s report and set up a separate tribunal.
  14. Announce incentives programs for the military’s pro-democratic officials, who support the investigation process, as well as incentive programs set up by the people’s government to assist lower ranking soldiers and gain their loyalty. These incentives can include promotion, education, home loans, technical skills and professional opportunities, etc.
  15. Establish a panel of military and government officials, and civil society members to oversee the functions and restructuring process of the military, and appoint the acting Chief of Army Staff (COAS).
  16. Invite international retired senior military officers to hold interactive sessions with Nepali military officers about the essence of human rights, democracy and rule of law, as well as explore the importance of political parties and nation’s army.

May 16, 2006, Kathmandu

1 Steering committee member of the Defend Human Rights Movement- Nepal, Budhathoki holds a Masters Degree in Peace and Justice Studies form the University of San Diego, USA.

NYC Events


1

Asia Society cordially invites you to:

Endgame in Nepal: Crisis Averted?

Speakers:

Mahendra Lawoti, Assistant Professor, Department of Political Science, Western Michigan University

Tamrat Samuel, Senior Political Affairs Officer, United Nations

Kanak Mani Dixit, Editor, Himal Southasian

After weeks of vociferous, country-wide pro-democracy demonstrations daily life in Kathmandu and the rest of Nepal is gradually creeping back to normal after King Gyanendra agreed to restore the elected parliament, which he had suspended four years ago. The reinstatement of the dissolved House has for the time being not only averted what could have been a more violent showdown, but also renewed hope for the establishment of a secure, peaceful, inclusive and democratic Nepal. The parties are now preparing for the unenviable challenge of maintaining peace, drafting a new constitution, co-opting the Maoist insurgents, and determining a role for the king, all of which will shape the future of Nepal. Join us to discuss Nepal's new political landscape, examine the prospects and challenges for continued peace and restoring democratic norms, explore the root causes of the decade-old Maoist insurgency and ways to address their concerns, among other urgent tasks.

Thursday, May 18, 2006

6:00 p.m. - 6:30 p.m. Registration

6:30 p.m. - 8:00 p.m. Program

Asia Society, 725 Park Avenue at 70th Street, New York

Policy programs at the Asia Society are generously supported by the Nicholas Platt Endowment for Public Policy.

Please register in advance. $10 Members; $15 Nonmembers

Please call the Asia Society Box Office at 212-517-ASIA,

Send complete information by fax at 212-517- 8315,

Or email: Box Office@asiasoc.org

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Guest list will be closed at 3:00 p.m. the day of the program.

For information about NGO, Academic, and student rates, please contact our Box Office.

For Upcoming Asia Society Events Visit our Website at www.asiasociety.org

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2

The Graduate Program in International Affairs @ The New School Invites you to

Nepal at the Crossroads: Restructuring the State and Indigenous Nationalities (Janajati)

One of the most prominent social movements to emerge in the 1990s was the indigenous people's, the janajati, movement. With the reinstatement of the parliament in late April 2006 and plans for the formation of a constituent assembly, the Janajati are presented with an opportune moment to achieve many of their goals for restructuring the state. This panel will discuss some of the key issues and questions related to the needs, the aspirations, and the challenges of the Janajati.

Panelists

v Om Gurung, General Secretary, Nepal Federation of Indigenous Nationalities

v Mahendra Lawoti, Assistant Professor, Department of Political Science, Western Michigan University

Moderator

v Susan Hangen, Assistant Professor of Anthropology and International Studies, Ramapo College

********************

5 PM - 6:30 PM, Saturday, May 20, 2006

Venue: Theresa Lang Hall (2nd Floor), 55 West 13th Street (Between 6th and 5th Avenue), The New School

***********************

For additional information contact : Ashok Gurung at 212 229 6812 or gurunga@newschool.edu

gurunga@newschool.edu


3

Meet And Greet With  Surya Bahadur Thapa.

Malika Restaurant
43rd street
Between 2nd and 3rd Avenue
in Manhattan.
May 21, 2006, Sunday. 12-4 in the afternoon.

Private event. By invitation only.


4

Time: Sunday May 21, 2006, 7:30 - 9:00 PM.

Venue: Nepali Mandir, 34-11 62nd Street, Woodside, NY 11377.

Between 34th Avenue and Broadway.

Nearest Train Station: 65th Street.

For more information: 718 429 0313

Dipawali
to celebrate the new positive change in Nepal. Bring sweets and refreshments if
you can.


5

May 31: 6pm (sharp) Clearview Cinema "Defining Comfort" ($5)

"Defining Comfort" - Writer/Director: Rajiv Gurung
When: May 31st (Wednesday), 2006
Time: 6 PM sharp
Where: ClearView Cinema on 62nd St. and Broadway
How much: $5.00 (We have a few guest passes, please let us know if would like to come.)

More information about the Movie:
http://www.cityvisions-ccny.com/comfort.html

Schedule and other movie information:
http://www.cityvisions-ccny.com/schedule.html

"If you have some power, it is your job to empower somebody else." -
Toni Morrison

Tuesday, May 16, 2006

Public Trial


Former Ministers Pandey and Rana move to SC NepalNews Three days after their detention, former ministers Ramesh Nath Pandey and Shrish SJB Rana moved the Supreme Court (SC) with habeas corpus petitions that questioned the legality of their detention......... He also added the government has violated their fundamental rights under Article 12 and 14 of the Constitution on the right to assembly and fair trial.
I never understood why a commission was set up to go after the likes of Kamal Thapa. Last time we did that the commission worked secretly and quietly handed over its findings to the Prime Minister who slept on it. That is no way to do it.

The first act has to be to declare the parliament supreme. Then the culprits have to be put on public trial that will likely last months. And they will have a right to attorney, of course. But then the government prosecutors will simply have to work hard and present all the evidence against them.

20 dead, 6000 injured. That's the evidence you present. This will be when we publicly document every little detail of the April Revolution. The Nepali people have a right to know. The world has a right to know. These culprits have a right to know.

Conspiring against democracy is a crime, it is treason. But that does not mean we can deprive them of their basic right to a public trial. They do have a point.

Let the seven party alliance make its case in court.

We don't have to fear regression from the Supreme Court, I don't think so. They were the people who released Deuba from illegal detention, for example. But if there might be any possibility, the seven party alliance has a super majority in the parliament and could impeach the judges. But that would not be my first choice option at all. We fought for rule of law. We fought for due process. We fought for fair trials.

A public trial is something we should have demanded. I am glad they are.

Public trials for these villains is extra important because the April Revolution has world history significance. We have to get into the business of exporting revolution. We have to tell the people who are not free today, shut your country down for 19 days completely, and you will get democracy. And while you shut down, don't fear the villains. They will be brought to justice, surely.

We have to send a clear message.

On The Web

Trial of Saddam Hussein
Grotian Moment Blog
Bush vows fair, public trial for Saddam
Political Animal: Comment on Secret Trial for Saddam?
BBC NEWS | Middle East | Q&A: Saddam on trial
Informed Comment : 12/01/2003 - 12/31/2003
ABC7Chicago.com: Bush: Saddam Hussein will get a fair, public trial
CNN.com - Saddam Hussein defiant in court - Oct 19, 2005
Saddam will face public trial, says Bush - www.smh.com.au
USATODAY.com - Saddam gives the judge a speech, but no answers
NPR : Q&A: Judging Saddam Hussein
Trials of Saddam Hussein - Wikipedia, the free encyclopedia
CNN.com - Defiant Saddam rejects court, charges - Jul 1, 2004
Saddam's Trial, the Antidote for the Poison in Iraq - On Point ...
Arab Public Opinion and the Trial of Saddam Hussein
News Hounds: Saddam's Trial - Will There Be A Public Execution ...
Grotian Moment Blog | Issue #2: Should the Saddam Hussein trial be ...
Stalled Saddam Trial Frustrates Public
Stalled Saddam Trial Frustrates Public - International Center for ...

In The News

Saddam trial enters new phase with defense testimony Middle East Times, Egypt
Saddam refuses to plead charges VietNamNet Bridge
Saddam refuses to pleadKenya Broadcasting Corporation
Saddam Refuses To Enter Plea On New Charges Elites TV
Saddam refuses to plead charges 新華網, China
Baathed in Blood American Enterprise Institute, DC
Viewpoint: Arab public opinion
Middle East Times, Egypt
Saddam's trial and the unbearable cost of his execution
Daily Star - Lebanon, Lebanon
Saddam refuses to enter plea
OhmyNews International, South Korea
Saddam refuses to enter plea at trial Standard-Speaker
Update 3: Saddam Charged With Murder and Torture Forbes
Saddam Charged With Murder and Torture Guardian Unlimited
Saddam’s trial: Order in the court
KurdishMedia, UK

In The News

Maoists extorting money from ordinary people, businessmen: Army NepalNews
Home Minister urges to maintain restraint
Government takes initiative to end NTB row
Tamrat wraps up Nepal tour
Maoist leaders Yadav, Ale Magar enter India
Protest against HoR declaration delay, Deuba’s statement
Walk to be organised to support two million hungry children
Prachanda asks inmates to end fast-unto-death
UML concerned over delay on HoR proclamation
Former Ministers Pandey and Rana move to SC
DPM Oli asks Maoists to stop atrocities
Party leaders, experts urge government to meet people's expectation
Myths and martyrs

Protesters Demonstrate Against Parliament Vote Delay in Nepal Voice of America
Nepal students torch vehicles, demand speedy curb on king's power Monsters and Critics.com, UK
Form negotiating team for talks: Maoists to Nepal Daily News & Analysis, India
Guerrillas leader in Nepal confident on peace talks with govt Xinhua, China

House Proclamation on Thursday: Home Minister Kantipur Publications
Protests against HoR proclamation delay, Deuba denies backing king
Action sought against MoFA joint secretary
Pandey and Rana move SC
Army's hope to buy aircraft dashed
Finance Minister reveals embezzlement of state fund by royal govt
ँछिट्टै राजधानी आउँछौं’
प्रतिनिधिसभा सम्प्रभु बनाउने घोषणा पर्सि
सुरक्षा संयन्त्र ः सेनाको प्रसंग
राजसंस्था बचाउने सुधार
अन्योल अन्त्य गर्न अन्तरिम संविधान
ँदमनकारीलाई कठघरामा उभ्याइन्छ’
नेपाली सेना' बनाउन माग
'नेमकिपा समाजवादी गणतन्त्र पक्षमा'
ँधोखा दिए फेरि आन्दोलन’

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