• Temba At Peak • Politics of Bandh • Road Safety FIGHTS GERMS EVEN HOURS AFTER BRUSHING CONTENTS

Page

Letters 3

News Notes 4

Briefs 6

uote Unquote 7 COVER STORY: A COSTLY FIASCO The consliluLional anli-corruption body files cases of corruption Off The Record 8 against a former minister and lOp RNAC officials on the basis that the is incurring heavy losses due to the CHINA SOUTHWEST DEAL: Double Standard 10 airplane.

CONGRESS POLITICS: Windfall For Koirala 11

TRAFFIC SAFETY: Road Rage 12

HORSE RIDING: Galloping In 13

NEPAL-INDIA: Ground Realities 14

VEREST EXPEDITION: Spring Of Records 15

BHARATNATY AM : Dances With A Depth 24 BANDH POLITICS: Great Leap Backward PHOTOG RAPHY : Images of Change 25 The 3-day general strike called by six leftist parties including the UML fails to win publi c support. Page 9 BOOKREVlEW 26

THE BOTTOMLlNE 27

FACE TO FACE: Dr. Ram Prasad Shrestha 28

ENCOUNTER: PASTIME 29 Leyla Tegmo-Reddy Chief at ILO office . Leyla LEISURE 30 talks about (he major labor issues facing the co untry. Page 22 FORUM: Yuba Raj Pandey 32

SPOTLlGHTIJUNE 1,2001 SPOTLIGHT EDITOR's NOTE THE NATIONAL NEWSMAGAZINE VDI. 20, N0.46, June 1, 2001 (Jestha 19, 2057) Chief Editor And Publisher Madhav Kumar Rimar he decision of the Commission for lnveslIgation of Abuse of Authority on the Editor Lauda Air corruption case has come as unique in the history of the nation 's Santa Rimar administration. The chief of the CIAA wou ld have created history had he plucked the courage to indict the Prime Minister unambiguously. Although he has warned Managing Editor Keshab Poudel the Prime Minister. by failing to book him for more fitting punishment. Up­ adhyaya might have tried to exhibit his real concern for his own personal safety Associate Editor erand inherent distru st in the judicial system of the country. It could even be interpreted as a clean Bhagirath Yogi hint to the Prime minister to step down. Since warning is also a form of punishment. no person occupying such a hi gh position would have stayed there after the pronouncement of the Senior Reporter Sanjaya Dhakal judgement. But Koirala is made of totally different stuff than ordinary mortals. Laws apPlica. to other humans are not applicable to him. And morality is a virtue totally unknown (0 him. Reporter such. the ordeal of the millions of poor Nepalis do not seem to be over. Since there is no savior Akshay Sharma who can deliver them from the evil s they are facing. there is nothing they can do but endure. Design and Layout .. * * Jyoti 8ingh Nearly after two long years India has taken the initiative to start dialogue with Pak is[an. Even though political silUation in Pakistan has not changed. the Indian statesmen now think they can Photographer sit down with the military ruler of Pakistan for talks. General Pervez Musharraf. the chief Nishchal Chapagain executive of Pakistan suddenly seems to have gained stature in the eyes of the hldians. What has Art spurred the Indian.c; to change their mind is not that important if they can restore some normalcy M.S. Khokna in theirbilutcral relations wi th their arch enemy. India's refusal toattcnd the SAARCSummit two years ago after the General took overthe reins of government in Paki stan has plunged the SAARC Legal Advisor into an abyss. This has proved to be a big setback for the smaller and poorer nations of South Asia Advocate Lok Bhakta Rana who believe that SAARC can play a very effective role in their speedy economic development. Marketing/Advertisement India's obdurate stand in lhe holding of SAARC Summit has rather confirmed the lurking Sarit Rimal (USAI apprehensions about her lukewarm interest in the organization. With the possible change in her attitude it can be hoped Ihm SAARC Summit might take place sometime soon. Since the crux of Marketing Madan Kaji 8asnet Lhe maller is normalization of Pak-India relations all eyes are focussed on the imminent meeting Navin Kumar Maharjan of the (OP executives. UnFortunately. certain statements by Indian leaders on Kashmir coming Madan Raj Poudel before a date for dialogue had been ag reed to are being considered ominous. And Kashmir is the issue on which many talk s between the two feuding countries can flounder. The denial of the Editorial Office GPO Box 7256, Baluwatar, Kathmandu, fundamental rights to the Kashmiris to choose thei r destiny is the Illost sensitive issue on . Tel: (977-11 423127, Fax : (977-11 417845 Pakistan can. perhaps never. compromise. As such. what the (wo leaders are going (0 talk Chief Editor's' 435594 fruitfully is indeed very hard to guess correctly . May bc. this meeting will contribute 10 keep the E-mail: [email protected] doors open for future L1ialogues. Internet Add: http://www.nepalnews.com/ spotlight The three-day bandh passed off comparatively peacefully. Except a few stray IIlcidents no news Cover Design of mass destruction or loss of lives have been reponed. Despite the fact thatlhe whole nation was Wordscape against the bandh and there was very little public enthusiasm in its favor. thelhree day bandh was Karnal Pokhari, Ph : 410772, Fax: 432872 almost total. If the fear of vandalism. arson. looting and loss of Ilvc _~ kept the smaller traders and Distribution shopkeepers away from their jobs. the conspicuous failure of the security forces to provide Bazaar International adequate protcction 10 the public at large concretely contributed 10 the totality of the banLlh. It evcn 228 Sanchaya Kosh Bldg. Kathmandu generated the impression thalthe majority of the security personnel were mUl:h averse 10 using G.P.O Box 2480, Ph: 222983 Fax : 229437 force against the banLlh orgalllzers. A couple of senior securit y of/kers. on condi ti on of a-mail: [email protected] anonymity. confided to this scribe that it was lime for the inept government to fall. The worst­ Printers: Kishor offse't Press (P.) Ltd. affected people were Ihe hand-cart pullers. They had 10 go almost hungry for three days. The onc p.a. Box 4665. Galkopakha, Thamel, thlllg (hat this bandh has produced without any ambiguity is the feeling that no pany emerges as Kathmandu,Tel: 351044 (Off), 351 172 (Res.), the wi nner. and bandh!> are not lhe right (ools to pressuri7e the Nepalese polillcmns. specially a Fax:.977-1-351 172, polilici':ln like . • E-mail: [email protected]

C.O.O. Rcgd. Nu .15110)9-10 Postal Rc~d. No 42/057/58 US LIbra!) or Congr('\s Madhav Kumar Rimal Calalogue No. 91-905060 Chief Editor& Publisher

SPOTLlG HTIJUNE 1.2001 LETIERS ______

~------l can launch a re vo lutioll. Whelhertlusshuldown fulfilled their dc ~i re or not, it did give a Disturbing De­ wecklong holIday looursohool­ goers. Thcsestudcnts arc going velopment to rem ember the revolutionary Thc cover story "Mis­ holid ay forthc rcsl oflheir lives. guided and Confused'· Shree Krishna Thapa (SPOTLIGHT. May 25) Jyat tta aboul the growing involve­ ment of our youths in violent Changing Taste The incrc:.lsing number of activities was an eye-opener. one-stop shop~ In tbe capi tal This sm ister development is suggc~l the conspicuous the result of our poittical change in the habilo ro ur shop­ leadershIp's failure to groom pcrs r 'Shop Till You Drop", country's youth in a proper SPOTLIGHT. May 18). The manner. The politicians are Nepalese consumers arc de­ so crooked that they are veloping new tastes. They now happy to misguidc their own do nOI want to ~hop around the citilells. Whetherin the name whole New Road ncighbor­ of a particular political ide­ hood to buy a pair of sh irts. ology or some thin g else. They enjoy shopping to their Nepalese youth arc hcing fullc~t in departmental stores or sllpcrmarkt.:lh. Whi le this recklessly mIsused by c har­ change In behaviour IS ~ecn ac terless politicians. amo ng upper middlecJas~ and Samir Budhathoki elite consumers at present. the Kalanki trend I S fa~t catching up \\lllh thc middlt.: t: la.... s familic~. too. Rakes" S/wkya Bridle The Energy Breakdown Of ment and othe r sOl.:iai aClivi­ Patan Youths are the energy of Youthfulness tic') that could have kcpllhem Success Story any nation ("Misguided And busy ("'Misguided And Con· While thein;ountcrparts in The astoundlllg ~ u cccss of Confused", SPOTLIGHT, fused·', SPOTLIGHT. May other countri es are working Ihe musil' album hy Khem Raj May 25). [fthe powerhouse of 25). The fruslralion that has hard fordevelopmenl. Nepalese Gurung has once again under­ a co untry is shut down. the engulfed the unemployed youths are in a state of confu­ scored thal typical folk-based whole nation will be plunged youth s makes them highly vu l­ sion ("Misguided And Con­ music are the most liked ones in into darkness. Instead of har­ nerable la ex ploitation. Bc­ fu sect", SPOTLIGHT. May 25). the co untry ("'Winning Nepali nessing the youths' spirit, the sides. the constant feeding of There is no role model in soci­ Hearts". SPOTLIGHT. May so-called leaders of this coun­ news of corrupti on and vio­ ety today whom our yo uLhs can 18). Though Il is sometimes try have exploited them to the le nce in the country will in­ look up to. The systemi c break­ reported that Hindi and English fullesl.While a section of deed have an effect on th e psy­ down of youthfulness is going music are encroaching upon our youth s have been gi ven gun s chology of the youths. la hurt the nation further. Cou n­ clI llurc.lhe sucl:ess ofGurung' s to kill their own brothers and BilJaya Karki Lfie scan do wonders if the spirit album suggests that Nepalese sislcrsin the name of Maoism, Koteshwor of their youlhs could be tamed still are deeply attached 10 their another group is armed wi th for positive developmenl. roots. What other meal1l11g can stones to vanda li ze public Revolutionary Holiday j eevllll Gurung one draw fromagroup oryouths property in the name of poli­ Kopundole The decisjon by the revo­ dancing spi ritedly to Gurung' s tics. What is going on? Isn't lutionary students to forcibly song-asccnc Lhat is routinely Ihere anybody left among our closedown the schools is bound seen at wedding panies, pi c­ leaders who can bridle this Create Employment togive them a bad namer-Vigi­ nics and so 0 11 ut every place breed of violent youths? The growi ng partkipat ion lante Injustice", SPOTLIGHT, around the countrY"' Deepak Subedi of youths in violence is· the May 18). No sane person can Nabill Sltresllta Jamal result of the lack of employ- agree that closing down schools Ballisputali

SPOTLIGHT/JUNE I. 2001 3 NEWSNOTES

Demonstrators took place' despite the left parties' public honor instruments of international human announcement that they would not dis­ rights. including the Geneva Convention Vandalize Press Vehicles rupt movement of essential services, in­ on prisoners of war. Similarly, the Al has On the first day of the three-day cluding the press. Compiled from re­ urged the Nepal government to respect the nationwide general strike, activists be­ ports. principle of rule of law and not to indulge longing to the six left parties forced the in extra-judicial killings. Kalltipur May office of the Biratnagar branch of the Maoists Loot A Bank, 28. governm ent-owned daily Gorkhapatra to close down on Sunday, Gorkhapatra rc­ Prachanda Criticizes UML RebelsAbductFormer MP,Demand rarted. A group of about a dozen youths A group of Maoist rebel s detonated barged into the office in the morning. a grenade at the sub-branch office of the Release Of Their CoUeagues threatened the staff. locked the office Agriculture Development Bank at A group of armed Maoist rebels ab­ Mayanglung in the ducted former legislator eastern hilly district and president of the party's PYUlhan dis­ ofTehrathum Satur­ trict unit, Mukti Prasad Sharma, Tuesde day night. destroyed evening from his house in the mid-west­ important docu­ ern district. reports said. Kantipur daily ments and looted quoted an unnamed highly placed source more than Rs in the Maoist party a, saying that the 300.000 in cash, rebels would release Sharma only if RSS news agency the government made public the where­ reported. M-ean­ abouts of five Maoist leaders and activ­ while. in astatement, ists, and released them whhin the next chairman of the un­ three days. derground Maoist The party has demanded the release of Dandapani Neupane. Nepali. L....JIIj!!ll.~!~ _____ ...::~ party. Corn rade l "::L..IU..J...J....Jl....LJ Prachanda. referring [swori Daha!. Matrika Yadav and ~A-.:..:'s::c:::en::e::::::o::.f-.:th:::::e.:::s::tr~i::k:::e ______to a pari iamclllary Lokendra Bista in eXl:hange of the release committee"s deci­ of Sharma. "If thc govcrnment did not and lOok the key with them_ They also sion implicating a UML leader in the release them Within three days. its conse­ threatened that they would vandalize the China South West Airlines lease deal, quences could be ycry grave:' the source office if the office were nOt closed for has accused the main opposition party of warned. Reporl~ say the whereabouts of thrcl.! days. Hlmalaya Times daily re­ moving towards moral degeneration and some of the MaOIst 31:tivists in the list. poned that left demonstrators in corruption. including Milan Nepali. are Mill unknown. Kathmandu vandalized half a dozen bi­ In a statement issued Saturday. the Meanwhile. the Nepali Congress central cycles used in distributing the newspaper top Maoist leader heavily criticiLed the office has condemned the abduction and on Sunday. They also threw stones at the Commission for Investigation of Abuse has demandc:d that the government lake motorbike u:~cd by its reporters covering of Authority for failing to book Prime slrong steps to ensure release of Shanna. the :,:.trikc and misbehaved with a reporter Minister Girija Prasad Koirala in COIl­ Compiled from reports. belonging to Yugasambad weekly, the nection with the Lauda Air deal, saying: daily said. "h has proved that this (parliamentary) People Demand Continuation Similarly. Nepal Samacharpatra system can't root out corruption," Nepal daily reported thm organizers of the Samacharpatra daily reported Sunday. Of Gardep Project bandh mi,hehaved with its two slaff Compi/eel from reports May 28. Hundreds of local people took out a and a report and vandaliled three motor­ rally at Tamghas. headquarters of the bikes In the castern town of Biratnagar AI Calls For End western district or Gulmi Tuesday de­ early Sunday. The daily said left activists manding the continuallon of the Gulmi­ obstructed five people distributing To Violence Arghakhanchi Rural Development its newspaper and manhandled a motor­ The -based human rignts Project (GARDEP). Kantipur daily re­ bike used by a reporter in , Kath'mandu. watchdog. Amnesty International (AI). poned Wednesday_The fate of the project Kantipurdaily reported that left activists has renewed its call to both the Nepalese remains uncertain after a group of amled blocked six of its distributors in Pokhara government and Maoist rebels to stop Maoist rebels burnt down a vehicle owned from distributing the newspaper and killings and violencc. In a statement is­ by the European Union-assisted project a misbehaved with a reporter with state­ sued Sunday on the occasion of its 40th few weeks back at Rupakot in Gulmi owned Radio Nepal. Such incidents anniversary, the Al has urged the rebels to district. Local leaders belonging to the

4 SPOTLlGHTIJUNE 1.2001 NEWSNOTES ruling Nepali Congress, main oppositi on why don't talks take place, people are at 19-Member 'People's UML, Rastriya Jana Morcha and con­ their wit's end," the DPM said, Poudel. sumer groups denounced the violent act however, did nol explain how the direct Govt' : In Rolpa by the insurgents and demanded continu­ talks would be held between the govern­ The underground Maoist party has ation of the project whi ch they said was ment and rebels, Compiled from re­ formed a 19-mel11ber 'people's govern­ benefiting thousands of people in the porls May 23, ment' in their stronghold in mid-western backward hill y di stricts of the country, district of Rolpa amid a public function The local consumer group has also sent a attended by thousands of people on May petition LO Prime Minister Girija Prasad Activists Demand Ban 16, Janadesh weekJy, said to be close to the Koirala, through the local District Ad­ On Old Vehicles Maoists, reported Tuesday, The weekly minislration Office. lO ensure conti nua­ Activists and experts from South has given the names of all 19 members or tion of the project, Compiled from re­ Asia have called On the governments in the 'people's government' headed by ports, the region to phase out old ve hi cles, Santosh Budha Magar. The government improve the quality of gasoline fuels and hasa representati ve from 'peorle'smilitia' irect Talks Likely' promote natural gases so as to improve and two women members. TIle weekly said the eight·hour long declaration ceremony Rejecting the call for all-side meet­ the deteriorating a ir quality of South was attended by old people, young, women ing to resolve the Maoist problem by Asia's growing cities. and children alike. Senior government of­ self-appointed mediators, Deputy Prime They said each country in the re­ gion was paying a high cost for their ficials, including Jn spector-General of Po· indifference. Hilal A Raza, the dircctor­ lice Pradip Shumsher JB Rana, inspected general o f thc Hydrocarbon Institute of the mass meeting by making four or five Pakistan said Pakistan's economic cost rounds aboard a helicopter, the weekly of environmental pollution has been esti­ reported, COlllpiledfrolll1 eporls May 23,. mated US$ 1,8,------, "Theproblembillion annually, in BALDING? this part of the worl d is that ve­ hicles older than 20 o r even 30 years are runn ing in the slrecls. They have to be phased out, and ernphasis should be given to natu­ ral gas-run vc­ hicles, which cause little or no pollution," said Prachanda Raza. Experts also voiced th eir Minister Ram Chandra Poudel has said concerns on the WE CAN HELP YOU! condition of the STRAIGHT FROM THE FACTORY, STARTING FROM US$ 250 the government is in favor of "direct (PRlCES VALID FORA LIMITED PERlOD ONLY) talks" with the rebels. roads and infra- Addressin g a program organized by struc ture In CALL NOW 499003 the Amncsty International Nepal chap­ South Asian ci t- AND ASK FOR KESHAV ies. A group or K33 Europe Hair (New European Hair Replacement Technology) ter here Tuc"iday. Poudel came down heavily upon the 'People's Committee experts are tak- FOR MORE INFOR:\lATlON. FILL IN THIS COl'PO:.! for Peace Initiatives' headed by Padma ing part in a re­ Name: Ralna Tuladhar and ftlleged the com­ gjonal meeting Address:------______mitlee of using the 'dialogue as a means in the Nepali for propaganda,' Kamipuf daily rc­ capi tal. Com­ Ci ty: _ _ ~ TeI': parted. "The government is ready for piled from re­ Send/ralt to: K33 Hairhotel, KOIeswor. GPO Box : 14248, Kathmandu talks and the rebels. wo, are ready. Then porls May 23, Tel: 499003. 9810-23939, Fait: 476571. E-mail: [email protected]

SPOTLIGHT/JUNE 1,2001 5 BRIEFS

them, 34 climbers including 15 NepaJi Sherpa guides reached the summit on Wednesday. According to the Ministry of Culture, Civil Aviation and Tourism, two American climbers and one climber each from Canada and aJong with Sherpa guides reached atop Sagarmatha Wednesday. On Tuesday, a Spanish expedition of three climbers reached the summit by another route. All these climbers were the first climbers of the highest peak in this season.

OFFICIALS HA VE SAID THE JOB OF DISTRIDUTING LAND to former Kamruyas (bonded laborers) has been completed in the mid­ western districts of Dang and Banke while the process is under way in Bardiya. Kailali and Kanchanpur districts. The Ministry of Land Re­ forms and Management announced Wednesday that work of land distribution is over in the two districts. Similarly, 1.123 families in Bardiya, 870 families in Kailili and 1304 families in Kanchanpur have been resettled so far. the ministry said. The government had declared 'kamaiyas' free from debt bondage in July last year but is facing criticism for its dUly-dallying in rehabilitating them.

A KATHMANDU UNDERSTANDING WAS ADOPTED WEDNES­ Jawalakhel day, urging the governments and other concerned agencies to invest on children. at the end of a two·day SOllth Asian High Meeting THE MlNISTRY OF WOMEN, CHILDREN AND SOCIAL WEL­ on Investing on Children. The meeting orgaOllcd that governments. fare and the International Labor Organization OLO) have signed an the corporale sector, civil society. communities. young people, interna­ agreement on matters relating to consolidation of the Ministry efforts to tional organizations and media need to work jointly to ensure ad check girl trafficking. The agreement is to extend the programs run equate, timely and productive investments in fulfilling the rights and jointly by the Ministry and LLO between 1997 and 2000. Thcagreement achieving the well being of all children in South Asia. and in strategies includes reviewing the national working plan. newsletter publication, toward poverty alleviation. The meeting was held Tuesday and c!->tablishment of resetllernent centers, strengthening of the information Wednesday with panicipation of the political leaders. corporate leaders, exchange and education unit and collection of data through a comput­ and 17 selected children and young people from seven South Asian erized system in the ministry. The agreement also includes programs countries. It noted the progress South Asian counlries are making in the related to consolidation of the district committees in 26 districts record­ field of protection of child rights but said there is still much to be done ing high incidence of girllrafficking. running of special programs in the to allain most of the goals related to young people's survivaL health bordering districts of Jhapa. Parsa. Rupandehi and Baake and establish development and protection through access to quality basic social vigilance groups at the village level. Secretary at the Ministry Urmila services. Shreslha and ILO countrydireclor for Nepal Leyla Tegmo Reddy signed the agreement under which the ILO has agreed to provide an assistance NEPALESEEXPORTSTOTHIRDCOUNTRIES(OTHERTHAN of US$112,970 for Ihe programs. India) have gone up by more than 9 perccm during the first nine months of the current fiscal year compared to the same period last year, reports THE RASTRIY A PRAJATANTRA PARTY HAS ASKED PRf"'lE said. According to Trade Promotion Centcr (TPC). Nepalese exports to Minister Ginja Prasad Koirala to resign immediately on moral grounds the third countries during this period reached worth Rs 22.38 bill ion. to end the current political stalemate. In a statement, the pany said the The major export items from Nepal include carpet. garments. pashmina deCision taken by the Commi!>sion for Investigation of Abuse of shawls, lentil. tea goat hide and the hide of other animals, paper Authority in connection with the Lauda Air deal clearly indicates that products. eleclricaltransformer. buttons and handicrafts. The TPC said the council of ministers was involved in corruption. RSS news agency that there was over 59 percent rise in theexpon valueof pashmina ~hawl reported. during the pericxJ touchlllg Rs 3.81 billion. Similarly, the export of lentils 10 the third countries increased by 51 percent during the review LAKPASHERPAHASBECOMETHEFTRSTNEPALfWOMAN period. The expon of wool en carpet. however. went down by 14.3 per to climb Mt. Sagarmatha from both sides, reports said. Lakpa cent during this period. the cemer said. reached the top of the highest peak in the world last Wednesday from the Tibetan side. Earlier. she had climbed the mountain from the southern THE BUDGET DEFICIT HAS WIDENED BY 3S PERCENT IN side. Similarly. Erik Weihenmeyer has become th e first blind the first nine months of the current fiscal year 2000/200 I. a new repon climber to scale the world's highest mountain. According to Ministry of said. According to Nepal Rastra Bank (NRB). total government expen­ Tourism, Civil Aviation and Culture, Erik reached the summit last diture registered a comparatively higher growth of nearly 24 percent week. amounting to Rs 43865.6 million as against a growth of 11.6 percent during the same period last year. Oflhe total government expenditure, THE NEPALESE GOVERNMENT HAS DEPLORED THE DE­ regular expenditure, development expenditure and freez.e expenditure cree rcponedly passed by the Taleban regime of Afghanistan requiring increased by nearly 29 percent. 13.7 percent. 5.3 percent respectively. the Hindu community to adopt a dress code. In a statement issued here On the external front. exports registered a decelerated growth of 21.5 Wednesday. the Ministry of Foreign Affairs said if is a reprehensible act. percent to Rs 43441.0 million during the review period compared to a which defies all norms and univ>:rsal principles of human rights thereby growth of37.6 percent during the same period last year. Exports to India isolatmg the Hindu minorities living together in amity with Muslims in and third countries have decelerated by 35.1 percent and 11.9 percent Arghanistan. respectively. The rate ofinflalion. on point-to-point basis, was recorded al 2.2 percent. mainly because of the decline in the prices of food and A TOTAL OF 37 CLIMBERS SUCCEEDED IN SCALING THE beverages group. The overall balance of payments recorded a surplus of world's highest peak within the last two days, officials said. Among Rs 4993.4 million, Ihe bank said. •

6 SPOTLIGHT/JUNE I, 2001 QUOTE UNQUOTE

"If we make full use of the remaining three years, people will once again give a majority to the Nepali Congress in the next election." Krishna Prasad Bhattarai, former prime minister, in Space Time daily. * * * "Security organs are mobil.ized in all civilized countries that have a democratic system." Ram Chandra Poudel, Deputy Prime Minisfer,jllsfijying the government's decision 10 mobilize the army as a part of the Integrated Security and 'Patty Prf! S Development Plan, in Himalaya Times. * * * "I n the name of freedom , some newspa- pers, published from illegally earned money , always drive the government into the corner by carrying reports that deni­ gra te the government and assassinate the character of individuals." Pllsltkar Natlt Ojha. Minis/erofState for Information and Communication, tantra Party, in Bimarsha. implicated a former UML minister, speaking at a program organized by * * * among others, in irreguLarities ill the Nepal Press Union in Morang, in The deal, ill Space Time daily. "Because the Public Accounts Committee Kathmandu Post. * * * * * * (PAC) gave the report without studying the facts, we had to form a committee to do so." "Th'ere IS no alternative. to democracy "T he Rastriya Prajatantra Party does Pradeep Nepal, leader of the UML. anywhere. It is the best system in the not support the street strike organized by on why his party had to fonn a sepa­ world and India always works in favor of he CPN-UML." rate committee to look into the China strengthening thi s system." Pashupati SlB RanD, former minis­ SOltth West deal evell after the PAC MuraliMallohar 10shi, Indian Union ter {ll1d leader a/the Rastriya Praja- Minister for Human Resources De­ velopment, who recently visited Nepal. ill Bimarsha. Pe q." tvhoS;e. re~19'Y1 .. Il';;'· is bci~ de~t.\"""\c/("-d * * * "I see th e moblhzauon... of the army at custom points as an indirect deployment of military in the border area. When the mili­ tary is stationed at custom points, they are bound to look after the country' 5 borders." Buddhi Narayan Shrestha, former director-general of the Department of Survey, in Jana Aastha. * * * , 'We do not fear social rebuttal." Reklta Dltakal, a yOltllg lady from western Nepal who created a storm in the local community by marrying allother lady, ill Space Time daily. * * *

SPOTLIGHT/JUNE 1,2001 7 OFF THE RECORD

Busy Minister Deuba's mentor, Krishna Prasad Bhattarai, revealed his REVELATION Minister of Culture. own ambitions to become Tourism and Civil Aviation prime minister again, Deuba 'Politicians Should Do Away Omkar Prasad Shrestha is has suddenly toned down his busy these days attending speech. At a recent public meetings at the ministry and With 8andhs' meeti ng, B hattarai urged - PRADEEP KUMAR SHRESTHA departments under him. As CPN-UML leaders to support hi s tenure as a member of him in his quest to become Presidelll oftile Federation ofNepalese Chambers afCommerce upper house is going to end prime minister. Bhattarai's and industry PRADEEP KUMAR SHRESTHA and his leall/ soon, Minister Shrestha appeal has shattered Deuba's wants to show that he is seri­ had made every effort to etlCOHrage the leaders ofsix left parties, hopes of succeeding Koirala ous about his job. Aware of including the maill opposition CPN-UML. to withdraw their and stifled his criticism or the fact that no Congress three-day bandl!. But the organi:ers rejected the argumellts put the prime minister. member has ever been re­ forward by the business COI1l IllWlity. ShrestllO spoke to reporte - nominated, Shrestha is des­ Poudel's Intention recently on the Ja/l-ol/l oJ Ihe bandh. Excelpls: perately trying to impress Deputy Prime Minister Prime Minister Girija Prasad How do you see the consequences of the three·day Nepal Ram Chandra Poudel was up­ Koirala that he is eminently bandh? set when he saw no possibil­ qualified be an exception. The three-day strike seriously damaged the Nepalese ity of a change in the leader­ Whether Shrestha will suc­ economy. Even a one-day general strike or bandh cos!s R s 700 shipofthe government. When ceed in his endeavor remains million a day. If the agriculture sector is included, the loss wi ll the Commission of Investi­ 10 be secn. but senior offi­ be much more. We have argued time and again {hat bandhs have gation or Abuse or Authority c ials at his ministry are really many negative effects on the economic sector. wrote a leuer to Prime Minis­ sweating it out. Which sector was most affected by the strike? ter Girija Prasad Koirala The tourism sector, expon front. and other industries have seeking clarifications on the suffered a lol. Other manufacturing industries have also faced a Sullen Deuba Lauda Air deal, Poudel was similar crisis. We are now looking for ways to compensate for the Second-generation Con­ said to have suggested that loss. gress leader and former prime resignati o n was the only But the main opposition and other left parties argued minister Shcr Bahadur Deuba c hoice berore Koirala. Ac­ that they were compelled to call the general strike. How do seems La have become tired cording to Poudel associates. you look at their argument? of asking Prime Minister the deputy premier even pro­ We arc not asking political parties to renounce their right Girija Prasad Koirala to rc­ vided clear indications that lO protest. Our request is th at they should search for alterna­ s ign in connection with the he was all set to succeed tives to the bandh. There arc many other ways to protest Lauda Air deal. As soon as Koirala. The way things are against the government. We also request all political parties. going, Poudel has valid rea­ including the leaders or the main opposition CPN-UML, to do sons to be upset. Regardless away with activities like bandhs. or whether the deputy prime minister ever gets the top job, , Poudel's curren t age among the masses that sign. anti condemn the deci­ intentions were badly ex­ only they are honest. After sion of PAC. Interestingly. posed. the parliamentary Public Ac­ two po litburo members. K. P. countS Committee (PAC) Sharma 01, and lshwor came o ut with its verdict on Pokharel. who signed the Double Standard China South West Airlines PAC report. shirted their Opportunism seems to be deal, ePN -UML leaders have stand at the party meeting. a binJing element in the CPN­ round themselves in a di­ For a party that called a three­ UML. This must be why lead­ lemma over how to contain day Nepal Bandh o n the ers of the main opposition the damage. In a secret meet­ ground tha t the PAC impli­ party use words and phrases ing of the politbUro, the party cated Prime Minister Girija to suit their interest. CPN­ decided to do three things: Prasad Koirala in the Lauda UML leaders know how to form another investigation Air deal. the CPN-UML's fool the people. In the last 10 committee, urge former min­ reaction lo the involvement years, they have been suc­ ister and central commiuce of its own members would be cessful in projecting an im- member Shim Rawal to re- wonh watching. •

8 SPOTLIGHT/JUNE 1.2001 NATIONAL

been ill re.establishing it self as the main­ THREE-DAY STRIKE stream communist force in the country. By agreeing to go the ex tra mil e (by calling a three-day strike for the !ifS! time in the hi story Great Leap Backward of Nepal), the UMLhas been able to rall y nine left parties around it. Even its foes. the splin­ tered Marxists-LeninislS( MLl and the Maoists The main opposition party's gamble to regain its con­ ex tended 'moral' support to the strike. stituency may have backfired Similarly, the UML leadership was abl e to prove once again that it has a nationwide By BHAGIRATH VOGI remained closed largely because of the threat base and could mobililC its cad res at onc go. of vandalism. No vehiclcs-privatcorpublic More importantly, it may have been ab le to - were on the streets becauseoffearsof stone SlOp the exodus of cadres to the radical fold mmediately after the restoration of de­ pelling. (read: Maoists). if not bein g able to bring them I mocracy in J 990. Nepalese politicians The communist activists pelted stones at back. Despite such visible 'gains', the UML talked about making lheir country another medical staff on duty. misbehaved with jour­ seems to have 10sI its hard-earned property in gapore within 10 years. More than a de­ nalists covering the event and deflated the this gamble - that of a responsibl e and ade later, they arc competing to turn Nepal tyres of bicycles carrying newspapers. They credible altemativc 10 the government . After inlO a Bangladesh - at least in tcrmsorganiz­ stoned to death a bus driver at Parwanipur in disrupting parliamentary proceedings for ing strikes and ·bandhs'. central Nepal, mi sbehaved with a shopkeeper nearly two rn on th ~dema ndin g the resignation lllC lhree-day nationwide general strike mourning the death of his family member 1n of Prime Minister Girija Prasad Koirala for called by six left parties, including the main Dang. and allegedly threw boiling water on a hi s alleged involvement in the LaudaAirdeal, opposition Unilied Marxist-Lcninist (UML) cruld in Sunsari. the UML had taken 10 the streets along wilh party, was a grand success. according to the As thousands of laborers in the capital different communist outlits. organizers. Schools. col leges and businesses val ley and daily· wage workers all over the By following the popular maxim. "When country had no work - you can ' I beat your enemy, discredit him, " the ,...,---. and, hence. no money to UML.loagreatextent. has been able to depict buy food - left activists Congress slrongman Koira la as the villain of were disruptin g examina­ the Lauda Air deal. Though the Supreme tion cenlers and forcing Coun and Commission for In vestigation of government oftices to close Abuse of Authority (C IAA) could not co me down. Life fo r the com­ up with any concrete evidence to prove the mon people was in perfect premier's involvement in the case. the laner disarray .. 'I f elections were gave enough ammunition 10 the opposi ti on lO held today ,the UM L would continue its tirade against the beleaguered lose a majority of the seats premier. (See cover story) it holds," said a poli ti cal With the elections for local bodies onl y analyst gauging the public a year away, the UML wants a weak govern­ mood. ment at the seat of power in Singha Durbar. So. what did the six "The present UML ICi1ders hip knows very left parties in general - well that their pally can', gain majority in the and the UML, in particular local and parliamentary elections as long as - gain out of this massive Koirala holds the reins. Hence, their one­ exercise? "You can't ex­ point agenda is to throw him out." said a pect results (from such source close to the UM L. The faction-ridden stril-..es) ovemj ght . But the ru ling party and an emboldened Opposili on results may be seen after will be face to face once again in the !loar o f some time," said leader of parliament next month. Although Koirala so •... , the main opposi tion and far has been able to withstand pressure from UML general secretary within hi s party and out side, he may have a Madhav Kumar Nepal. tough battle ahead. Facing internal dissension -~---- ''The unprecedented suc- and o Ul side pressure, Koirala has few options cess of the bandh has vi n­ before him. If pushed to a dead-end, he cou ld dicated our stand." take somedrasti c s t cp~- including thedisso­ At a time when the lution ohhe parliament and announcement of mid-tern] poll s. 11 might fulflllthe ambitions ii••••••••••••••••••• underground Maobt pany i is calling the shots frotp its of those aspiring for power sooner than later. UML leaders: UnpopUlar bandh remote base, the biggest but could push the country into one more ~.-.:..::::....:.::.::..::.::..:::....:.-=-~:::..:::::.--=-::::.::::.------gain forthe UML may have phase of instability. But. then. whocaresh.

SPOTLIG HT/JUNE 1.2001 9 NATIONAL

Oli, and standing committee member CHINA SOUTH WEST DEAL hwor Pokhrel. were also members of the PAC that passed the judgment against its own leader. While Pokhrel Double Standard offered to resign from the parliamen­ tary committee. Oli decided to stick to After the parliamentary committee's decision on another controver­ his guns, and. hence. face the wrath of sial air deal, the infighting within the UML has come to the fore the rival faction led by party general secretary Madhav Kumar Nepal. Two statements within two days By BHAGIRATH YOGI Royal Corporation, the criticized the PAC decision terming it PAC said there were evidences of ir­ as "arbitrary and incomplete". The party t a time when it was lighting an regularities during the fourth and ninth set up an inquiry tnbunal headed by Aall-out battle to oust Prime Min­ deal. "Though all the deals with CSW A fonner finance minister Bharal Mohan ister Girija Prasad Koirala. the Houseof were irregular. these two long-term deals Adhikary to look into the PAC UO"I"U Representatives Public Accounts Com­ wereeven more irregular. ill intentioned Party spokesman Pradip Nepal went mittee (PAC),s decision implicating a and against the interests of the RNAC:' to say that Oli had made a mistake by former UML minister took the wind out declared the PAC. defending the deal and that he had the of the main opposition party's sail. Interestingly. UML central com­ old habit of refuting 'unanimous' party What a turn of events? The UML mittee member Bhim Rawal headed the decisions. Oli. in turn, saw the remarks aviation ministry during the fourth deal targeted against him and made by the whereas Nepali Congress leaderTarini outspoken spokesman "in his personal DUlla Chataut (who has also been im­ capacity". plicated in the Lauda deal) held the The UML' s move also sparked a aviation portfolio duri ng the latest deal. sharp reaction from the high-profile During the one-year long fourth deal PAC members. "The UML kept our beginning March 4, 1999, a Boeing decision regarding the Lauda Air deal 757-200 aircraft was leased though the in high esteem and criticized the gov­ detailed study of a separate aircraft ernment for defying the decision of the (-200 ER) were done. no 'mini parliament." recalls Rastriya Pra­ sealed tenders were im ited and the jatantra Party leader and PAC member plane was hired on 'wet lease' instead Or. Prakash Chandra Lohani. '·Now. of the board decision to hire the aircraft they are questioning our verdict in a on 'dry lease' among others. the si milar case." Added Hridayesh Trip­ PAC report said. The ninth deal be­ athi, another PAC member and general ginning September 26. 2000 also vio­ secretary of Nepal Sadbhavana Party, lated the directives given by the cabi­ "This is certainly a case of double stan­ net secretariat and CIAA. the PAC dard on part of the main opposition report held. party." The UML expressed dismay over While the issue may prolong within iilOO...... the unanimous decision made by the the main opposition party, UML lead­ ------PAC implicating Rawal in a deal to ers are cautious enough not to let the has been spearheading the campaign lease purchase a wide-body jet from the controversy drag into public for too against Koirala accusing him of involve­ CSWA. Interestingly. a committee led long. "I will nOt make this an issue in ment in the Lauda Air deal on the basis by UML leader Subash Nemwang made public," said Oli. general secrelary of a PAC report. But a similar report the decision. Rawal has resigned from Nepal, too, maintained that such misun­ made public by the parliamentary com­ the central committee and has offered to derstanding could be sorted out within mittee, headed by its own legislator. quit the general membershipoftheparty, the party forum. However, the different was enough to incur the dismay of the if found guilty. standards employed by the main oppo­ main opposition party. The PAC deeision helped. all of a sition in dealing with different eases, as After probing into a total of nine sudden, to bring to the fore long-brew­ per its party interests. are least likely to deals between the China South West ing internal rivalry within the UML. be wiped out from the popular memory Airlines (CSWA) and the state-owned Influential party leader, K. P. Sharma any time soon .•

10 SPOTLlGHTlJUNE I, 2001 NATIONAL

indicted 10 people, including fonner CONGRESS POLITICS minister Tarini Dun. Chat.ut and two chief executives of Lauda Air on May 25,2000. In the case of Prime Minister Windfall For Koirala Koirala. the C1AA issued a stricture advising him IQ be alert not to allow Prime Minister Girija Prasad Koirala gains much­ others IQ abuse authority and commil needed strength from the recent turn of events corruption in future. On the same afternoon,' full bench of Supreme Court dismissed a wril peti- By KESHAB POUDEL thority seeking clarifications on the tion filed by Gopal Shivakoti "Chintan" Lauda Air deal. on the ground that it does not have valid pOlitician who fears popularity The three-day bandh called by the reasons to order th e cancellation of the cannot be popular. This century- main opposition party was unable to Lauda Air deal. ~d remark of Napoleon may be truc draw public support for their case. In- From a legal point of view, the about many politicians today, including stead. it created anger against the orga- decisions delivered by the Supreme Prime Minister Koirala. nizers. Court and lheClAA gave relief to Prime As Prime Minister Koirala consid- Thedccision of the House of Repre- Minister Koirala. After the decision of ered resigning last month. hoping to sentatives Public Accounts Committee the PAC on the China South West Air- retain his popularity. his political career (PAC) indicating the involvement of lines and the response of the CPN-UML was almost on the edge. Had he stepped standing committee IQ the decision, down, he would have ceased to be a key Prime Minister Koirala was suddenly player of Nepalese politics. out of the picturc. Politicians in different parts of the Even Deputy Prime Minister Ram world take calculated risks IQ maintain Chandra Poudel who was said to have their centrality in politics. Prime Min- switched his loyalty away from Prime ister Koirala's decision to retain his Minister Koirala, has now changed his position seems to have been influenced mind. Even Foreign Minister Chakra by si milar considerations. Prasad Bastala was said to have re- The ongoing political and other quested Prime Minister Koirala to re- developments seem to have helped sign. Prime Minister Koirala strengthen his The dual posture adopted by Poudel position. and Bastola may prove costly to their This turn of events has less to do career. As Prime Minister Koirala is with Koirala himself or his party. The said to be unhappy with the performance CPN-UML and five left other parties of the Home Ministry. Poudel may be have contributed to pacifying the un- transferred, with Khum Bahadur Khadka popularity of the Congress. possibly given charge of the home port- Although a faction within the folio. Ncpali Congress led by fonner prime The three-day Nepal bandh turned ministers Kri shna Prasad Bhanarai and out to be a blessing for the unpopular Sher Bahadur Deuba and other opposi- '-______....l.. __ ..r;.:~~ Koirala government. The bandh called tion parties continue IQ gang up against PM Koir.l. : Unruftled by the main opposition party neutral- Prime Minister Koirala, they have been ized the unpopularity of the Nepali Con- unable to unseat him. CPN-UML leader and fonner minister gress government. It is becoming apparent that opposi- of culture, tourism and civil aviation At a time when the government was tion si mmering from within and outside Bhim Rawal in irregularities while losing support hecause of its poor per- the party does not make any difference leasing a China South West Airlines fonnance and the sustained attacks on to the equations of Prime Minister aircraft for RNAC came as a big jolt Prime Minister Koirala, public attention Koirala. ' to the CPN-UML and the olher left par- has shifted from the ruling party to the Prime Minister Koirala was said to ties that called the three-day general opposition. have considered resigning after he re- strike. Whether it was a coincidence or other- ceived a letter written by the Commis- Then the Commission for Investi- wise, this turn of political events isgradu- sion for Investigation of Abuse of Au- gation of Abuse of Authority (CIA A) ally strengthening Koirala's position .•

SPOTLlGHTIJUNE I. 2001 11 NATIONAL

According (0 a report by the Traffic Engineer­ TRAFFIC SAFETY ing and Safety Unit at the Department of Roads, the frequency of accidents is at the peak at 4 pm followed by 8 am. Pedeslrians are the Road Rage ones who arc most at risk. followed by motor­ cycle riders. "We don't have a planned road network. As Kathmandu witnesses a surge in accidents, rash driving comes The intersections and crossroads areal danger­ under sharp focus , as does the congestion in the city's roads ously close intervals. There are no side walks for pedestrians and even where there are side­ walks, people choose to walk in the road in­ By SANJAYA DHAKAL Keshav Prasad Baral, Senior Superintendent stead," said Sunil Poudel, chief engineer at the of Police at the Valley Traffic Police Office. unit. The accidents in the valley, according to aY22'2001.ItWasaruund5?Oi~the '1'he lack of caution, patience and responsibi l­ Poudel, are the result of over-speeding. over­ morning. Two buses commg trom M ity on the part of drivers lead to accidents," loading and traffic mdisci pline. the ou tskirts of Kathmandu were speeding Saral said. The places in Kathmandu that neck-te-neck carrying scores of passengers. Slashing passengers way beyond the ca­ accidents frequently include Teen As they roared through New Bancshwor, the pacity of the vehidc is a regular phenomenon Koteshwor. Hanhar Bhawan, Putali Sadak. bus ahead suddenly slowed down. The one in the public transport system. Minibuses, Ring Road and many otherinterscctions. While following it had to brake fast. As the Ba I Kha whosenonnal carrying capacity is less than 30. nocturnal mishaps arc more frequent on the 6351 rrunibuscoming from Panauti screeched are found ferrying 50 to 60 commuters at a Ring Road, Kantipath and Naya Baneshwor to a halt, it swerved to the right and toppled in time. "This over-loading is a dangerous trend." observe accidents because of over-speeding. Another disturbing s ituation about Kathmandu's traffic is the burgeoning vehicle volume. More than 156.000 vehicles are regis­ tered in Bagmati lone alone (out of which more than 150.000 ply in the valley) from the country wide total 01"277,000. "The load carry­ ing capacity of valley road ~ is around 120,000 vehicles per hour. BUI wc find 40,000 more vehicles plying them," Said Baral. Baral suggests that there should be more stoppages and bays to give respite to the vc· hide flow 10 the valley. ··Otherwise. every time some vehicle slow.... down or stops, there is going to be trouble." "We are seriously looking aI the growing traffic accidenb in the capital. All of the con­ cerned agenCies including the traffic police. DepanmentofRoad. DepanmentofTransport Management, municipalities. bus entrepreneurs have to have beller coordlllallon to prevent accidents," said Su .... hil Agrnwal. technical di­ rector ill the DcpartmclllofTransport Manage­ ment. The government also has fonned a Na­ Traffic jam: Persisting problem tional Road Safcly Committee headed by di ­ rector-general 01" the Dcpartment of Roads lO the middle of the road at Babar Mahal. Three Transport enlrepreneurs encourage over­ look after the traffic problems. But the com­ people were killed on the spot. One died in lhe loading. They can make more money by ferry­ mittee is yet to show its results. Still coordina­ hospital. Thirteen were seriously hurt. ing passengers beyond capacity because, if tion is as elusive as ever. While theDepartmcnt Welcome to the streets of Kathmandu caught. the fine they would be imposed would of Transport Management registers vehicles. vallev. From overloadlflg to rash driving, be a nominal one. ''There arc rules and regula­ the regionaJ police office gives license to driv­ CQupied with traffic congestion, the roads of tions but the drivers find it convenient to flout ers. h is the Depart ment of Roads that is the valley are gaining notori~ty . In the last them," Baral said. The most the traffic police enlrusted with the responsibility of posting month alone. t.h e city had 10 witness the need­ could do is impose a fine of up to Rs 200 on road signs and municipalities that install street less deaths of more than 30 people in differem offenders. lamps. Finally. the traffic police are expected road accidents. The traffic police say there is no special to manage the vehicles in the road, where the " [ find reckless driving as onc of the main reason for the sudden surge in accidents. Most telecommunication and sewage offices take reasons for accidents in Kathmandu," said accidents in the valley happen at intersections. tums digging round the year.

12 SPOTLIGHT/JUNE 1,2001 NATIONAL

Mass T nln!Jpon S y'::J tern The growi ng now of r.ls:-.engcr~. 100. i ~ posing a big problem for HORSE RIDING K'lIhmandu. which has limited opportunities of I.!xpanding the road network. " It is next 10 impossible 10 expand the roa<..l network inside Galloping In Kathmandu the \ alley . It IS difficult to demolish houses to huild road!'.. The only thing we can do is The country's first horse-riding center opens In the manage tht: e'(I~ting network optimally:' said POLItic!. erstwhile Singha Mahal complex According to Poudd. the ultimate solu­ lion 10 Kathmandu' s traffic problem is the By SANJI\YA DHAKAL retired from the army. said. "My love wi th mass Iransporlalion 'iy!'>tcm. "Take forexample the sport and my deep attachment with the !! Irctch or road ,\I Kan tipalh. it is found that horses were responsible for driving me 126.000 people. on average. travel through it ntil a week ago. Kathmunduites in­ cil(':h day. Now imaginl.! how nmny threc·wheel­ into opening this kind of cent er." An ex­ terested in equestrian sports had no e ... or microhuses you will need 10 ferry them. U perienced cavali er with international ex­ less mass transpOrl~ like trolley-buses arc place to go. With the openi ng ofthe Chan­ posure, Shah had provided horse-riding IIllrmJuced and mher smaller vehicles barred,

SPOTLIGHT/JUNE 1. 2001 13 NATIONAL

der disputes between the two countries would NEPAL-INDIA be resolved after ajointlechnical team com­ pletes its works by 2003. Reiterating hi s govcrnment's sensi ti vity toward anti-India Ground Realities activities from the Nepali soil, the envoy said there had been several cases offoreign diplo­ By acknowledging that India wants Nepal to maintain close ties with mats caught in Kathmandu with fake cur­ rency notes and explosives. "So, a11 this is not China,the southern neighbor may be sending positive signals only Ihe creation of media." he added. He, however. did not say anything about the role or the Nepalese government in curbing such By BHAGIRATH YOGI South Asia," said Silwal. 'Though long­ activities, Nepal has becn saying that it will standing issues tike Kashmir may not be not all ow its soil against any of its neighbors. 'X liLhin a fortnight of the visit by Chi­ resolved overnight, the very fact that Gen­ Responding to another question. the In­ ". " ncse Premier Zhu Rongji, Indian eral Musharraf and Vajpayee are going to dian envoy said India too was suffering rrom Amhassador to Nepal Dcv Mukherjee has talk directly is a quite significant develop­ Maoist insurgency in the states including Bi JA said India would not object to closer ties ment" and Andhra Pradesh. "We hope Nepal will. hetween Nepal amI China. According to Silwal. given the suppon­ able 10 resolve the problem internally," said Addressing a 'Face lO Face' program ive international si tuation and internal com­ Mukherjee. Nepali ofticial s say Maoists here organized here last Saturday. Mukhcrjee re­ pul sions India and Pakistan can't harbor en­ are receiving lrainingand supplies from Nepal jCl:ted media reports saying that India had mity against each other for long. "With men­ and have been making use of the common. Objected to the agreement bel ween Nepal and aces like international terrorism and drug open border to their best. The deployment of Chi na toupen a new trade route along Rasuwa­ trafficking shifting to South Asia from the Royal Nepal Anny personnel along Ihe Nepal· Syaprubesi to the Tibet autonomous region of ce ntral Asia and Middle East. India and Paki­ Indi a border is seen as a measure (Q cut off China. Nepal shares a 1400-km border with stan must come closer." said Silwal. "Cultur­ such channels the efficacy of which is yet to China and a more than 1700km common, all y.linguistically and ethnicall y. Sou th Asia be assessed. open border wi th India. When the Kodari is onc. China knows it quite beller and is Analysts say Nepal' s geo-political si lu­ highway, the on ly link with Tihet, was COIl­ behaving accordingly," at ion would continue 10 give her strmegic structed in the sixt ies. India was said to be Lndian ambassador M ukherjce also hoped importance in the region, No leadership in unhappy though it had nol registered any that casing of ten sions between Ind ia and Nepal can commit the folly of playing one lonnal complaint, Within a rew months. Nepali Pakistan would help re-stan the now stall ed neighbor against the other 10 fulfill its vested Congress leader Subarna Shull1shcr. while in SAARC process. 'Though 1can'llell exaclly interests. But as long as major military powers cx ih: in India, rai:--cd aml~ against the then when the summit will reconvene but I am sure in the region continue to nex their musc les for ParH.:hayat regirn~ . it will take place soon," said the cnvoy. He military and political supremacy Things may not hc the same four de­ also pointed toward different ministerial level gioq. instability in (hi ... Himalayan'kingdom IS cat!~s dO\vn the roat!, With both China and meetings taking place under the SAARC um­ leasl likely 10 subside. Ihey say. • India trying 10 improve relation:--. Nepal is brella. hound to benctil from new developmcnts, TI,e IllhSAARC Annual SUBSCRIPTION Rate ... ay analysts . "Onc should not look 3t great Summit. due to beheld !o tat c" like India and China in terms of their in Kathmandu in No­ Ind;, iduu' In,'ilul;U" IIHJ;'idLt~1 I",hlullllft military strength onl y. Both India and China vember 1999. had been "~",,I "R"t l.welll!) \R, It, !""~I 0., '~I~I U' lnod'd JC R, 14011(1) IC'R, \:00111' InJ'J It" R, I"'IM' '.1 K, 1-!(~IUI i.1fI.! emerging I.!conomies and mu", de ve lop postponed at the re· OCh.:, ~,\O\l(f OI"","Ai\IU " cl'()Iln mic ti es between them:' ~aid Yadav quest of India. Obvi· COtJnlJ'~' 11S51500 1'~51~OOO Counl"e~ l'''57~OP I-S" I~IHK I JJp.in I:S 5 IOn Ofl l'5 s~rXWJ Japan I'S'So nM1QU l S" JI~HWI Kil n! SiIwal. formcr sccretary·gcncrnl of Oll sty, India did not A'cOln Ct"'nlrlc' L'S S')O_OO l S ~ lHU.IIO A'>C"II C0Unlrrn t'~ wU(ln t S <; 1~I)lMl SAARC. 'The enhancet! trade between In ­ want to share a rorum Chln..tKvrt:.l l'S S 100,00 l'S S 1moo Chln.JK"rc" IS .. IIII)(X' t 'S <; ~! •• tMl tlia Jnd China would also ocnclil Nepal. with the military ruler ,------St'USCRIUt<: ;\OW (Send------Il (;/FT SlIbfcriplillrl /o/ril'llds------Ihr,I' ""ill IMf! ill -, Moreover. this may indicate some sh ift in of Pakistan. "Ourcom­ ,"k ... ',nJ c I<'.J hC,,"Yolth m~ .u'"u~1 ".h...:npl,,'" for "r' 1 1 :C.. ,lloIDO'Ch'-'.. u,;...... t.~ R.... t:.'l S ~ DJIC Indian perception ," mitmenl todemocrac) 1 Such shift is also evident in the rccelll remains liml but it is in 1 :I\~'nc I rroposal by Indi an Premier A, B. Vajpayee the interest of all to 1-- I I I to illYite Pakistani military ruler. Genaal improve bilateral rela­ ! I'lnC.. ,k I j'vlu:-- harraL to discuss the issuc of Kashmir. tions (between India 1 I I I among others. Though critics warn agaimt and Pakistan". 1 1 I SiK"ucnre I fl~phont' • u, t wo much optimism about 'he lete a tcte Mukherjee explained. L ______~

bet Wl!en the two ri va ls expected to take place Coming back to 00 ",OT ~end C\!;H in \MII. \ometime late next month. th e political sig­ bilateral relati ons be· PkJ.,., .,.,nd, rlU, relllll1Unte h~ [}r.,tt!('ht:'luc 1<> nilicanccofthc meeting for the who le region twcen Nepal and In· SPOTLIGHT Tilt: ' ,\TIO"'AI, ... t;\\!'l\IAG \1.1 ... t. could not be under!> tated. 'The state or Indo­ dia. Mukherjee ex· GP Bo~ 11.<.o,B~luYo"~oII'Ph 9771-t~)1~1 .•n551j-' r.... 'H1·1--"-!o;"'~ Pak rdalion ~ b very crucial for the entire pressed hope that bor- L ______-'E".~="..:,..:d,..:'~..: •..:""'=-=~..:m='p= ____. ___ __1

14 SPOTLIGHT/JUNE 1.2001 NATIONAL

lage Development Committee of Dolkha EVEREST EXPEDITION district broke the record set by Sambhu Tamang28 years ago when he reached the Everest summit at lhe age of 18. Spring Of Records Temba 'Chhiri decided to climb "Everest after another Ncpali teenager, Mount Everest summiteers have returned to the base Arbinda Timilsina, abandoned his attempt camp with a bagful of firsts at the age of 14 just 28 meters below the summit because of bad weather. Rolawaling Village Development By A CORRESPONDENT who lost four fingers of two hands last Committee has produced many moun· year during his failed aLlempt, succeeded wineers who have set diverse records in lthough the current mountaineer­ in selting fOOl on the summit this year, climbing. Temba Chhiri grew up inspired A ing season kicked offwilh depress­ becoming the youngest person to do so. by these stories and records set by the o news, it has witnessed some positive Shennan Bull, a physician from Con­ people from his neighborhood. vclopments. At the outset of the sea­ necticut, became the oldest person to climb The detemlination of Temba Chhiri son. on April 29, Babu Chhiri. the 35- Everest. The 64-year-old American also never died even when he Jay on a bed at year-old Sherpa from Solukhumbu dis­ shared another record by conquering the B&B hospital when an operation was per­ trict, died after he fell 200m down a mountain along with his son. Bradford. ranned to remove four of his fingers. A crevasse at the Base Camp II, situated at 37. few hours after the s urgery, when this an alt itude of 6.500m, while taking pho- Another American citizen, Arrik scribe met him at his post-surgery room, Wainmair, became the first blind person Temba had expressed only one wish: to to reach the Everest summit. climb the Everest. • Lakpa Sherpa, the first Nepali ADVERTISEMENT· womantoreturn alive from theE verest sum­ mit, made another TARIFF record by climbing it for the second time thi s year. She has POTLIGHT climbed the peak 1------from both the Nepali NATIONAL N£II'S,\/A CA ZIN£

and Tibetan sides. Color Black & White After the first successful bid to the Front Cover In~idc R, 16.0(X)(lO Everest summit by Back Cover. R,. 20. O()(). 00 Tenzing Sherpa and Cover Inside Rs. 16.000.00 Edmund Hillary, more than 2,000 Any Page Inside climbers have scaled the world's tallest Full Page R, 12.000.00 R, X.OOOOO mountain. Half Page R, 7.000 (l0 R, 5.00000 If an individual Quarter Page R, 4.0()O.OO R,. MountaineerTemba: Perseverance pays hasthedetenninalion 3.000.00 Special Pull-out to do something, Min~mum Four-pag.c R~ . 45.000.00 R~. 30.000.00 tographs, his second passion after climb- nothing can hinder ing mountains. his way to achieve This year's mountaineering season success. Temba sprung many records, including the first Chhiri is the latest For details, contact: climb by a blind person, the youngest and case in point. SPOTLIGHT oldest mountaineer, the first father-son Despite his THE N/,TIONAL NEWS MAGAZINE conquer and the first Nepali woman to physical weakness, climb the mountain twice. the young Sherpa GPO Box: 7256, Baluwatar Temba Chhiri, the 16-year-old boy from Rolwaling Vil-I-_____.:.P.:.h.:.:.:.9.:.77:...-~..:.42:;3::..:1~2..:.7'_, K~at~h~m~a~n~du"-'.''-''l':''"-----I

SPOTLlGHTlJUNE 1.2001 15 COVER STORY CIAA INVESTIGATION ACostly Fiasco

The charge-sheet filed by the Commission for Investigation of Abuse of Authority (CIAA) at the Lalitpur Appellate Court following its investiga­ tion into Royal Nepal Airlines Corporation's agreement to lease an aircraft from 's LaudaAirexhibits the CIAA's incompetence in conducting a criminal investigation. Despite an eight-month probe, the CIAA appears to have been unable to bring charges based on any substantial evidence of COlTuption and abuse of authority on the part ofRNAC officials. Although the case is sub judice, the probe is based on narratives and make-believe stories rather than on sound investigation. The 47-page charge-sheet seems to be no more than a bundle of papers prepared to defame Prime Minister Girija Prasad Koirala.

By KESHAB POUDEL ClAA's charge-sheet represents no mare stand in court, itdoes provide ammunition than a bundle of reportS full of contradic­ to Prime Minister Girija Praiiad Koirala's l rom its preliminary investiga­ tions and confusion with insufficient evi­ rivals. Specifically. it has helped the main tion to the filing of the charge­ dence to secure convictions against the 10 opposition communist pany. the CPN­ sheet at Lalitpur Appellate Court accused. "The charge-sheet is a legal fi­ UML, at a time when its one-point street on Friday, May 25, against 10 asco, as it does not have the basic evi­ campaign tooust Koirala was fizzling OUL people in connection with Royal dence to prove its charge," said advocate More than exposing corruption and FNepal Airlines Corporation's agreement Sushil Panta, a defense lawyer. .. It is checking abuse of authority_ the report to lease an aircraft from Austria's Lauda simply a narration of events." has sel a very bad precedent in terms of Air. the Commission for Investigation of Because of delays in the probe and constitutional and legal practice. The Con­ Abuse of Authority (CIAA) seemed to be the glaring lack of legal minds in the stitution of Kingdom of Nepal 1990 and in lluenced more by media stories and CIAA. the country has had to face several the ClAA Act 1991 clearly lay down the political currents rather than by the rigors rounds of political in stability and distur­ commission's in vestigation duties and of criminal invesligarion. bances. Although the ClAA report does role. With the bad experience of the According to defense lawyers. the not contain legal arguments that could ClAA's all-powerful predecessor, which

16 SPOTLIGHT/JUNE 1.2001 COVER STORY

.------, features of regular op­ tinue in office to operate the aircraft. he erations. [n crcasing might have created condition::. leading to loss does not consti­ profit. tute criminalily. How much mon~y was paid in com­ The CIAA can missions? Who were th e rccipicnts'!Thc~e charge a person with questions have not been answered In thl: corruption and misuse charge-sheet. The accusations arc b""ed of authority if he or on the losses incurred by RNAC, nOl on she commi ts a crime commission paid and received. The loss in making the aircraft has been caleuialed hased on the costs deal and secures ma­ incurred by RNAC just after the Lauda terial and other ben­ aircraft started !lying. efits personally or for The CLAAc h arge-~hcel clearly shows others. The ClAA is. that if it the aircraft had made profit. ( however. silent on nobody would have been charged with such key issues as how corruption. "What happens ifRNAC goes any comm ission was on to record a prollt in remaimng period of obtained and how the Lauda con tract?" asks another dcfcnse accused tried lO ma­ lawyer on conditi on or anonymity. nipulate the agreement Ifone accepts the ClAA·s logic, profit for personal benefit. would constitute no abu",c or authOrity or The commisslon has corruption whatcverlhe Irregularitu::s ma) not specified the ha\c been cUlllmiucd he fore the opera­ clauses of the agree­ tion . "Is thi:.. a standard of thing cr iminal ment that hUl e alleg­ liability on any officlalT asks another edly paved the way for law yer. irregularities. Il has Although the CIA A charge-sheet is r simply used high­ based on Clauses 7( 1).7(2). 8. 14 (a). f6 sounding words (a) and 29 of the Anti-Corruption Act against corruption. 1961, it does nOtcontaln sound arguments The section of the to establish guilt. By applying thi s clause, ------law under which the the CIAA demandcd compensati on of Rs had the power to investigale. prosecute charge-sheet has been framed should spe­ 38,097,673 I incurred by the RNAC from a,ndjudge. the framers of the present COI1- cifically mention the laws that have been the 10 accllsed. ~ tituti o n limited its ri ghts and Icft it to violated. "Unless this is stated clearly in This figure represents the loss in­ parliament to decide what powers shou ld the charge-sheet, it is not possible la pro ve curred by theRNAC in the first six months be allocated to the commission in the guilt. By just citi ng the clause or articles. of the operali on of thl: Lauda ain.:raft. h process of investigation. onc ca nnot prove guilt. One needs to sub­ demands impri sonment of a maximum of During the investigation process, mit cvid~ncc:' said a lawyer. six years to each or the accused persons however. the ClAA seemed to be in spired Nepal's anti-corrupllon act doesn' t with recovery of the los tl1loney. hy the arbitrariness of its predecessor. envisage punishment for anybody for er­ The ClAA charge-sheet demanded Article 98(4) orthe Constitution of King­ rors ofjudgmenL There mu st be violation from the court to recover the loss amounl dom of Nepal 1990 says: Subject to this of the law knowingly. intentionally or prop0I1ionmcly from the accused. TIle com­ const itution. ot her functi ons. duties. pow­ wilfully with a view to securing monetary mission filed the case against executive Cf> and procedures of the CIAA shall be as or any ot her material benefits for the per­ chaimlan Hari Bhakta Shrestha. board determined by law. Under thi s article. the son or for somebody else. According to members Tirtha Lal Shrcstha, Siddha Raj authority of the ClAA is limited to the act the charge-sheet. none of U1C accused Joshi and Gaurinath Sharma for corruption and it leaves parliament lO decide what seems to ha ve been found making any committed undcrClause 7.2 and demanded type of authority it wants to hand over. gain in terms of money and material from compensation and penalty for losses in­ (See Box) anybody. curred by the RNAC under Clause 29. Charge-sheet Against Accused"One Theairlinehas lost money runningan In the case of executive chairman cannot be punished on charges of loss and aircraft it leased. Thechainnan accusedof Shrestha. the CIAA has demanded addi­ profit made in an organization of a busi­ contributing to such loss was suspended tional punishment under Clause 14(a) of ness nature. In aeommercial organization by the order of the CIAA it self. Had the the acl. It also charge-sheeted the chief like RNAC, loss and profit arc natural executi ve chairman been allowed to con- executive officer of Lauda Air Andrea

SPOTLIGHT/JUNE I. 2001 17 COVER STORY

Molincri of and Otmar Lenz of Aus­ of the C1AA? tria under the Clause 8 of the acl. Nepalese laws on corruption In the case of former minister of Three elemenlS must exist for an ac­ cuilure. tourism and civil aviation Tarini ti on constitute a crime under the Anti­ DuttaChataul.theCIAA has sought maxi­ corruption Act 1961: violation o f law, mum punishment under Clause 7.1 and obtaining money or material benefit, and demanded the recovery or loss under loss LO some in stitutions, public servants C lause 29 of the acl. For the employees and other private persons if they act in of the RNAC, including Director of Fi­ collusion. The accusations need to stand mince Department Upendra Prasad Up­ in two layers of coun , the appellate and adhyaya. acting chief of the Marketing Supreme Courts. before the accused re­ Department Ram Raj Upadhyaya and ceives imprisonment between two and six offi<.:ialing Corporate Director Pushkar years or a fine or both. (Sce Box) Wag le. the CLAA has cited C lause 16(a). It is a very lOugh Job to establi sh a As for other six directors. the CIAA case of corruption, as it requires minute warned them IQ take care in future while investigation and expertise in the investi­ performing the duties. gation process. The act does not consider While liling thc case. the credibility it a crime if some individual commits a of the CIAA has come under question. mistake unknowingly. Chataut: Vanishing act especiall y in view of its failure to charge­ Contradictions Within CIAA sheet the agent for Lauda Air in Nepal. The past few months' working style by the opposition politioal parties and the Dinesh Lal Shrestha. The C IAA's com­ of the CIAA shows that it can take any media. The CLAA, for its pan. made little missioners were split -three in favorand decisions and any action to undermine its effort to investigate corruption and abuse two against - on indicting the Lauda constituti onal and legal boundaries. In the of authority in the process of obtaining the agen t. Criminal law experts say that by Lauda Air deal, th e commission itself aircraft. spending most of its time looking not charging Shrestha. the C IAA has weak­ indulged in constitutional and legal con­ for the possible involvement of the prime ened Us case and jeopardized its impar­ troversy. minister. tiality. lf one observes the interviews and Former mJl1lster Chataut was said to If the ClAA's standards in the Lauda comments of the commissioners. c.:ontra­ be forced frequently by the investigation Air l'use arc appli ed 10 other government d ictions are clearly visible. Within the officer a nd com mi ssioner Basudev corporations. almost all executive chair­ commission. there ~cems to have been Lamichane to implicate the name of Prime men v..ould have to face the fate of the major d ifferences over many issues. Even Minister Koirala. Commissjoner RNAC officials. In RNAC's ease. how to acquit Lauda Air's local agent Dinesh Lamichane lent some credence to such C,1O the C IAA charge executive chairman Lal Shrestha. the commissioners were report s when. speaking to journalists on Shrestha and his team when th ey were split. CommissionerMadhav DUlIa Bhalla May 25. he hinted at the in volvement 0 suspended just a month ancr the aircrarL disclosed that UOlil the last minute, four the prime minister. Commissioner Bhatla began Oying? commiss i o n ers~ including Chief Commis­ adopted a different stand on the issue. The commission can seck th e sus­ sioner Surya Nath Upadhyaya. supported As the CIAA found itself inOuenced pension of a ny civil servant under Clause the decision to acquit Shrestha. But the by political propaganda. it missed the real 19(3) of th e C IAA Act 1991. considering chi ef commissioner dec ided to join Com­ track of the investigation. Had it done its that the person may destroy evidence ifhe missioner Krishna Ballav KaOe at the last homework properly and conducted a thor­ remained in office. However, how can minute. ough investigation, the CIAA would not Shrcstha be held responsible for in curring From the very beginning of the Lauda have had LO end up presenting a weak case losses when he was suspended by the investigation, the intention and actions of relying on the losses incurred on operat­ governme nt under the recommendation the C IAA seemed to have been innuenced in g the aircraft. Politics to Drag Prime Minister What the RNAC Act says The ClAA seemed to have made a ll manner of efforts to drag Prime Minister Clause 13 of Chapter 3 of the RNAC Act says: Under thIs act or regulallon Koirala into the case. When it failed to prepared under this act. the duty. function and authority of the RNAC is to operate safe link Koirala, the commission accepted the ~\!cure. reliable air service. It can use jts authority to develop profitable air services changed stalemelHs of former executive providing pos~ibly cheaper..prices. By not going againslthe supremacy of authority chairman Hari Bhakta Shrestha and Tirtha under the (2) subclause (I), the corporation can exercise such authorities to operate Lal Shrestha. contrary to ex isting legal air service or to ny aircraft and all kinds of opemtion or air service with business or provisions and norms. The Shrcslha duo' s Olher objectives. volte-face, which was said to have been

t8 SPOTLIGHT/JUNE I. 200t COVER STORY

inspired by Nepali Congress dissidents, said there was an offense of corruption sufficient time to defend. Only after that was used as the plank to seek clarifica­ commilled by certain officials (not by the can the CIAA pass such strictures. "In the tions from Prime Minister Koirala. prime minister himself). How could the prime minister's case, the CIAA has not When Koirala strongly challenged commission point an accusatory finger to done anything like that," said a close the jurisdiction of the ClAA and declared the prime minister without giving him the associatc of Koirala. he would expose the "conspiracy" and opportunity to explain and defend him­ "One of the fundamental principles "subversive actions" against him, the self? The ClAA's finding is on corruption of justice is that what one failed to do C1AA eventually withdrew from its effort but il points to the prime minister on directly, one cannot do indirectly. When to drag in the prime minister. But the improper conduct, which Article 98 of CIAA has failed to find any evidence comm ission still advised him to remain constitution does not permil.lfthe finding against Koirala, they passed such an ille­ alert in future so that such incidents do not is correct, and the conclusion is wrong, gal and unconstitutional stri cture damag­ recur. that means the application of the law is ing very authority of high office of the By seeking clarifications from the wrong . If the law is co rrect , then the prime minister and scandalizing Koirala's prime minister, the ClAA provided am­ finding is wrong. political career," said a lawyer for the l1ilion to Koirala's political rivals in According to legal practice, the ClAA prime minister. ruling party and outside. The three­ must come to a finding that some indi­ The CIAA cannot write a letter with­ day Nepal bandh was largely a by-product vidua ls comm itted certain misconduct. out conducting an in vestigation and find­ of the ClAA's immature and irrespon­ Then, theCIAA asks him to clarify giving ing facts on the question of mala-fide sible action. The press statements of the Rastriya Prajatantra Party and the six-party com­ What Anti Corruption Act 1961 Says munist alliance prove the political motive of the ClAA stricture. "The CIAA stric­ Clause 7_ Punishment amI penalty for aClvil servant whose actions helpto procure lure has shown the involvement ofPrirne illegal profit or loss with bad intention: Minister Koirala in the air seam. Morally, KoiraJa has to resign now," said a press I. A civil servant in a government service himself or other persons with mal­ statement issued by the Kamal Thapa, intention of making illegal prolit or in incurring illegal damage intentionally and spokesman for the RPP. The CPN-UML wilfully lO the country, the Kingand His Majesty's Governmenlor government-owned expressed a similar view. "The CIAA has cooperation shall be subject to punishment under this clause. Any civil servant who shown that Prime Minister Koirala is in­ violates Nepal's law intentionally and wilfully, and wilfully and intentionally VIOlates volved in the scandal," it said. oath. agreement, terms wllh HIS Majesty. His Majesty Government or abuse of Koirala supporters are clearly infuri· government facilities or abuse of authority or making material and hencfits for self ar ated by the intention of the stricture. "If makes efforts, is subject to punishment of between one and three years in prison. t he commission found Koirala's in volve· 2. A civil servant who is not in government service can be punished between six mcnt in the case, why did it acquit him?" months and two years in prison for committing an offensc under Clause 7.1. asked senior advocate Mukunda Regmi, Clause 8. Punishment and penaily for those persons who act with mal-intenLion one of rhe members of the Constitution to incur loss and to accumulate illegal profit: Drafting Commission. "The commission­ A person. except a civil servant. who obtains illegal profit for hllnsclf or others ers' actions seem to have been inspired by through the coumry, His Majesty. His Majesty's Government or an officer under a politics, not by the constitution and ruleof government undenaklOg or partial undertaking or violates the condition of oath. law. Otherwise they would not have asked agreement, contact, license, Lelter of Credit, permit or makes an efforts or commits such si ll y questions to the prime minis­ wilfully and intentionally abuse of authority can be imprisoned between three months ter. " and three years or fined. or both in accordance WIth the crime. Under Clause 4(4) of the CIAA Act, 14(A). Additional punishment: A person is holding the position of an offiCIal policy decisions of the cabinet are ex­ of constitutional bodies, an official nominated or appOinted by the king, a special cluded from the jurisdiction of the com­ class officer. head of the government undertakings, general manager or higher will mission. But in the Lauda Air deal, the receive a punishment of an additional five years to that allotted in the ot her clauses. commission even encroached upon the 16(a) Punishment for the attendant: Under this clause, a person who is a jurisdicl.ion of the cabinet. The first letter supporter of the accused will recClve half of the punishment committed by h,s was issued underlhe Clause 19( I)b of the mentor. 29. Compensation and limitation of penalty: Whatever is writlen in the Olher act asking the prime minister 10 help in investigation by clarifying certai n facts clauses of the act. ifany person commits the crime punishable under Pan 2 by taking and issues, which did not constitute a illegal benefit for himself or other or incurs loss to other>. the penalty should be charge. recovered from such an individual. Unofficial Translation afthe Anti-corruption Act But in its final decision. the CIAA 1961.

SPOTLIGHT/JUNE t. 2001 19 COVER STORY

Girija Prasad Koirala bers Siddhi Raj lashi. Gaurinath Sharma urging him not to and senior RNAC otTicer Pushkar Wagle pa\'e the way for at 2am on May 25 to arrest them wilhou( ------1 similar actions in the warranlS. They were kept at a police sta­ future," Commis­ tion until midday when the CIAA filed a sioner Bhalta told case in Lalitpur Appellate Court. . ournal ists. "The "We don' t know what happened to commission has not them," said Commissioner Bhaua. when found any evidence reporters sought details on the cin..·um­ to prove Prime Min­ stances of the arresl. But police sources ister Koirala's in­ revealed that that the action was taken on volvem~nt." the direction of the commission. Irresponsible Even after filing the case at the Ap­ Politicians pellate Court, the commissioners chose to By evading ar­ ~p('ak on a sub judice matter. rest former minister The CIAA druma on the Lauda Chataut has proved deal shows how the country and people how irresponsible have to suffer by making an unaccount­ politicians can be. able body powerful. The CIAA's conouct Although mo,t of the in this case shows that it still has a hang­ team members who over from the past when it ruined lhe supported hi s efforts country's best lot of politicians and bu­ to lease an aircraft reaucrats. including furmer prime minis­ were in prison ter Dr. Tulsi Giri, Dr. Bhekh Bahadur Chataut found Thapa ano Kul SekhJJ Sharma. Devenora enough time to hide Raj Upadhya. Lok Bahadur Shrestha and somewhere in the olhers. capital. Going to jail Political Propaganda does not have an ad­ This act of omission and commis:-;.ion versepolilical impact on the part of the CIAA has led to the on the personality of belief that so-called Laudacorruption scan­ the minister. Chata ut dal was nothing but a pol itical story aimed has lost a major op- . todestabilizethe political process in Nepal. ....___ ...... ;.;;.....:i:~ .;;;..;.;.:...... :;..;;. ... _;....J.I.,;;.;; ... "'-_ .... portunit y to prove his The legal and constitutional compe Appellate Court: Focus of attention innoccnsc. tence of the CIAA is in serious doubt. As It is said that se­ there is no place to seek justice fo r the net ions coupled with abuse of authority nior RNAC executive offi cers were de­ inj usti ces perpetrated by the C IAA. many against the prime minister. The case in­ tained following the statement recorded individuals have had 10 go in detention. vc,tigated by the CIAA was enti rely con­ by the executive chairman and board mem­ Although the CIAA ultimately li led a lined to abuse of authority related to cor­ bers. Even in their last written statement. case in the court, the lime and resources ruption where the prime minister was never cxecutjve chairman Shrestha and board taken by the investigators ultimately charged and never asked any questions. member Shrestha who signed the agree­ proved to be futill.!. " It seems they were The CIAA's acti vities have given a ment with Lauda Air urged the commis­ gu ided morc by the media and poli tical disciplined parliamentary party likeCPN­ sion not to make them the scapegoats. propaganda rather thun by the need to UML an opportunity to call mass protests. Violation of Individual Freedom insliluteefficienl in vestigation techniques The party, whi ch boycotted the winter The ClAA has shown that it is an required for such white-coll ar crimes." session of parliament. is already on the institution operating on arbitrariness, least observed a lawyer. streets. "Wc will not abandon our agita­ bothered about human ri ghts and rule of After leaking infonnation to the press tion until Koirala resigns. whatever the law. In its cases against the Shrestha duo, at each stage of lhe investigation process. cost the party has to pay," thundered CPN­ the CIAA demanded deposits of Rs 50 the C lAA began prosecttting through the UML general secretary M

20 SPOTLIGHT/JUNE 1,2001 COIIER StORY were named in· the charge-sheet because Under Article 98 of the Constitution of Kingdom of Nepal 1990, the of certain personal grievances of one of the commissioner who had traveled all the functions, duties and powers of the Commission for the Investigation way to in connection with the of Abuse of Authority: investigation. It was ridiculous to impli­ 98(1) The commission for the Investigation of Abuse of Authority may, in accor­ cate two foreigners as respondents with­ dance with law, conduct or cause to be conducted inquiries into, and investigations of, oul mentioning any specific omission or improper conduct or corruption by a person holding any public office: Provided thai the commission on their parts. Commission for Investigation of Abuseof Authority shall nOl havejurisdiclion over the "How can the CIAA indict the foreign following officials: ci tizens without securing their presence in (a) Any official in relation to whom this constitution itself separately provides for Nepal and recording their statement. If such action: and (b) Any official 10 be prosecuted under the Army Act. these foreign citizens decide to prosecute 98(2). If the Commission for the Investigation of Abuse of Authority finds. upon concerned authorities on defamation, HMG inquiry or investigation carried out pursuant to Clause I. that allY person holding public may have to pay millions of dollars in office has misused his authority by improper conduct, it may admonish such person, or pensation." one legal analyst said. forward a recommendation to the concerned authority in writing for taking depanmental Loss to the RN A C or any other necessary action. Because of the controversy over leas­ 98(3) If the conunission for the Investigation of Abuse of Authority finds, upon ing aircraft, RNAC has already lost its inquiry or investigation carried out pursuant toClause 10, that a person holding any public international image. The situation now is office has committed an act which is defined by law as corrupt. it may bring or cause 10 that noone is ready to provide aircraft to the be brought an action against such person or any other person involved therein in a court national flag carrier. Nobody knows the withjurisdicuon in accordance with law. 98(4) Subject to this constitution, other function" duties. power and procedures of the Commission for the Investigation of Abuse of Authority shall be as deterrnlI1cd by law.

where nobody will bear any kinds of risk 1990," said an analyst. and responsibility in the future. "After the "The document seems to be badly recent case, we are relieved now by taking drafted and haphazardly narrated. having any kinds of responsibility and risk. I will no relevance to the law regarding corrup­ never make any recommendation even if tion and punishment. The commission it will benefit RNAC," said a senior ex­ declared that the accused officials have ecutive on condition of anonymity. committed corruption by wilfully violat­ Although the commission prepared ing the laws of the country butlherc is no nine files consiSling of 2,192 page, in­ specific evidence on which laws have cluding a 46-page charge-sheet, they are been VIOlated." he said. no more than a legal and constitutional The ClAA press release, legal ex­ prank. The Lauda Air investigation has pens argue, can be considered as con­ Upadhyaya : Last-minute shift proved to be onc of the country's most tempt of court. "As long as the investiga­ costly fiascos. tion was going on, the CIAA commission­ motives of the ClAA and the Public Ac­ Bankruptcy of Legal Arguments ers were free to commenl on anything counts Committee in probing the issue of The indictment presented at the court about the case, but it was very unwise aircraft leasing. The law is clear about the is a mirror of legal and constitutional their part to hold a press conference and full autonomy of the RNAC in conducting bankruptcy. AI a time when Ihe CIAA is release a press statement. It became a sub its business, but why does the CIAA al­ locking horns with the Attorney-General' s judice matter after the submission of the ways draw the government into contro­ Office, the legal brain of the state. such case. If the law of contempt is ~tricliy versy? legal and constituti onal lapses arc inevi­ applied, would the commissioners be im­ Have not the ClAA's investigation table. mune?" onc legal analyst questioned. and reinvestigation and the constant propa­ "The document produced before the In the end. the eight-month drama has ganda by the media and political opposi­ coun shows the bankruptcy oflegal knowl­ produced little of value in curbing abuse tion ruined the reputation of the RNAC? edge and drafting skills of the CIAA. The of authorily. By presenting a weak case, Who is going to take the respOnsibility and commission has three persons with legal tbe CIAA has shi fted the burden to the rescue RNAC from probable bankruptcy' background, including the chief commis­ court and the government attorneys. Lf the By indicting RNAC's senior officers sioner who also held the post of member Lauda Aircase falters from here, the CIAA, and issuing warnings to other. the ClAA secretary of the commission that drafted as usual, will start blaming the court and has pushed the RNAC into a position the Constitution of the Kingdom of Nepal government attorneys. •

SPOTLIGHT/JUNE 1,2001 21 ENCOUNTER 'The Problem Of Child Labor Is A Vicious Cycle' - LEYLA TEGMO-REDDY

LEYLA TEGMO-REDDY, country director of the the commitment it has ex pressed both at the best Intemational Labor OrganizariOfl, has been working in practices conference that was held in Washington D.C. Nepal for Cl year. Tegl1lo·Reddy. who joined the ILO in and at the International Labor Conference. We have 1980, did her master's in devefopmem sfluliesJrom the been working very close ly with panners in Nepal to UniversiryofGeneva. Before herappoifltmenr in Nepa/, identify the exact shape thi s program will take. We she held various positions a1 /LO headquarters in started the process by havin g regional conferences in Gel/em. She also served aSdeputydirectorar the ILO 's the fiv e development regions of Nepal that were su New Delhi office. which covers the India alld Bhwan mented by agender-mainstreaming workshop. Dunng programs. Tegmo-Redl/y spoke to SPOTLIGHT on consultations with District Development Committee various issues related to lhe work of ILa. Excerpts: officials, empl oyers. trade unions and civil society, including NGOs. and other UN agencies like UNICEF. How do you assess the programs run by the we identified some key st rategies and focus areas and !LO in Nepal? developed a partnership approach. because the ILO We have a number of very well-received pro­ cannOl do thisjob alone. We received full commitment grams covering many key areas related to the world of from all actors. For the first time in Nepal. we also work in the country and all targetin g the att ai nment of conducted qualitative and quantitative research on ';decent work". Decent work is what the ILO is five sectors defin ed as worst forms of child labour as promoting worldwide, it means work in conditions of well as research on legislation, poverty, edu cation and freedom, equity, security and human di gnity. In Nepal, best practices. we have been working si nce 1995 on the elimination of We then had individual meetings with the trade child labor, and we are certainly a lead agency. There unions and employers and a national stakeholders' has been a lot of success in the sense that before 1995, consultation with some 100 participants from all walks there was very little awareness about child laboL of life. A programming mi ssion is arriving in mid­ Before you start a process of change, you really need Juneand will includespecialisls from ILO' s headquar­ to work. discuss and engage with people from the ters in Geneva and our Regional Office in to " In Nepal, we grass roots level to the top echelons of governments. supplement our own specialists here. They are going to This helps to make people provide their in sight s into a defme the specifics of the program including exactl have been complicated iss ue and develop commitment and a whi ch districts should be targeted based on the criteria working since sense of partnership. In addition. you need to design established at the stakeholders' consultation. The 1995 on th e innovati ve programs and conduct different types of program will start in a few months. activities in order to be able to see the kind of things As you have been working here for a year, how elimination of that work and those that do not. Based on our experi­ do you see the child labor problem in Nepal? child labor, ence of the past six years. we are laum.. hing a major It' s a seri ous problem. One of the key issues that new Time-Bound Program that will focus particularly is rai sed is that children work because of poverty. But and we are on the elimination of the worst fonns of child lahor child labor also perpetuates povel1 y as child workers certainly a lead (trafficking for sexual and labour ex pl oit ation. bonded start working at a young age whi ch st unts theirdevel­ child labour, ragpickers, domesti c child labour, por­ opment and robs then of their future. As adults it is agency. There ters and children in the carpet industry and mining). difficult for them to find a productive job, or "decent has been a lot \Vhat are the worst forms of child labor? work", as they are either illiterate or have limited The [LO Convention on the Worst Forms of Child schooling. Tt is a vicious cycle as the children offonner of success in Labor, which was adopted by the International Labor child workers ha ve to face si mil ar realities. The ILO the sense that Convention in 1999 and has already been passed by the wants to stop !his vicious cycle and we have learned cabinet. is in the process of ratification by parliament. many lessons in our past years on what works. before 1995, The conve ntion identifies different types child labor There is a feeling among some Nepalis that there was very 'considered as "worst"; traflicking, bondage. forced western donor countries exaggerate the child labor labor, using children for prostitution and pornography. issue. How do you look at this perception? little awareness and for illicit activiti es likes drug trafficking. Nepal is Judging from my contacts . .. d say that Nepalis about child one of the three pil ot countries selected for the time· would like to see healthy and educated children and bound programs. Theothertwocountries are Tanzania they see their children as holding the future of this labor. " and El Salvador. Nepal has been selected because of beautiful country. J think sometimes there might be

22 SPOTLIGHT/JUNE 1.2001 ENCOUNTER

.. omt: confusion about the difference bel ween helping al home while going LO school and work Ihat is h,u.ard­ (lU'" and tedious and prevents a child from having a chi ldhood. Helping wit hin a family for a few hours a day and going to school is all right. Ir schooling could he adjusted so Ihal children could help during the peak ,lgrit:u lture sea!'!on, as often important to fam ili es. that would be good as long as the children are not rtllowcd to dn hamlfulJobs slIch as spraying dangerous chemi­ cals and pCMicidcs or carrying heavy loads .IIU.1 that Ihey don', havl' to work too many hours. Helping parent!:. for couple of hours is a part of so.::ia lization. But when onc prevents children from going to sc hool and forces them 10 do harmful work. then ilturns inlUcxpioitalion of the child. Children are sn netimc:, lI sed because they arc less apt to ask for nt remuneration and yet there is much unemploy­ ment and undercmploymcllI or aduhs. So man.v child laborers have been evacuated and Sodal Welfare. We ,:uc also working with the "Helping par­ from the carpet factories. Are you supporting the Ministry of Land Reform and Management on the process of rehabilitation of such children? Kamaiya is.'luc. We are now c losely looking at ellls jar couple We are v.orking \'cry closdy in rehahilitating. de\eloping new rehahilitation. counsdling and rein­ of hours is a l: hildren from the carpet .'lector and giving tht!1TI 110n­ tegration approaches. One key focus area is o n formal edUCi.Hion to cnahlcthcm toenler f0n11al school­ c hildren traftickcd for sexual ex pl oitation. These are part ojsocial- ingor have other options. as well a'l linking them back chi ldren who face extremely difficult siluations. iza tiol1. But 10 their parents through L:ou nselling and other efforts. Rehabilitation has to focus 011 the individual and The organized sector is now dealing with the is~ue training for a future has to be linked to the demands when olle pre­ well. hut there are slill child labur prohlcms in the of the market, otherwise reintegration into society vents children informal scctor. We arc working 10 reach oul 10 these will be diflicult. children. In filL't. carpel factory owners in Nepal have As country director of the IlO. how do you see from going to hl:come aware ahout the problem~ of child labor and the performance of your onice? school alld are w{lrking hard. Consumers abroad are al~o pressing I am vcry sali~lied with the performance of Ihe thelll. org.anization in Nepal. Our staff are very technically jorces thelll to There are many national and international capable and efficie nt in developing and running pro~ do hannjit! or~anizati()ns working in th.: area of child Jailor. grams and arc a true pleasure to work with. \Vhat makes yuur programs different? \Vhat other programs are you i",'olnd in? work, thell it Maybe I should start by saying that wc are work­ Wc work closely With the trade unions and em­ tu rns into ex­ mg together with many of these organizations. The ployer.:. organizations to \ trcngthen their capacities lLO has a broad cxperi~nce in child lahourelimination and to promote partnerships in development. or what poitation of the programmes. u~illg a valicty of different approaches. we call promoting "social dialogue". We have pro­ child. .. We are working with trade unions. employers and the grams on rationalizing vocali onaltraining. youth self­ government a~ well as NGOs and the workers. We are employment. Stan and Improve Your Business, occu­ also working closely wilh UNICEF and other UN pational safety and health and on the rehabilitation of mgani zalions. But there is a necd for even better former Kamaiyas. We arc also working on the eco­ collaboration. Wc are now mapping the arca~ where nomi c empowerment of women. vanous agencie~ are working. hOlh geographical and Following lhe restoration of democracy, we in terms of approaches. 10 strengthen our partnerships havescen many disputes belwt!en trade union lead­ and programs for thc benclit of the thou

SPOTLlGHTIJUNE I. 2001 23 ART

loved, Lord Nataraja. So intricate and in­ BHARATNATYAM tense, she sees him everywhere in her longings. In the splendid and spectacle of the rising sun, she sees him as the cosmic Dances With A Depth dancer, with whose rhythms the Unjverse comes into being. The Royal Nepal Academy hall echoed with lyricism, In the darkness of the rain clouds, she sees him as Neelakantha. This is the myth symmetry, sinuosity, precision, and poetry on May 25 that describes the churning of the ocean by the gods and the demons, using Mount BY AKSHAY SHARMA two most imponantaspectsoflndian dance Mantara as the churn and the serpent - Naritla (abstract technique) and Vasukhi as the rope. Divine Goddess and , 'The ticket already says 'no pho- Abhinaya (expressive delineation). wondrous objects emerged from the ocean. tographs allowed '," the secu­ The rhythmic sequence of great intri­ But there also arose a deadly poison that rity officer told SPOTLIGHT at a program cacies and vari ety altern ate with expres­ threatened to engulf the whole world. Lord entitled HA Bharatnatyam recital" at the sive passage, interpreted by the dancers Shiva swallowed the poison to Royal Nepal Academy hall on May 25. with hand gestures call ed (hastas). The world ; hence, he became to known This cautionary note was perhaps also theme is initiall y rendered in its literal Neelakantha as hi s throat turned blue. Be­ meant as a statement on the excellence of sense. Then, step-by-step the dancer de­ cause when Parvati, hi s consort, his throat artiste Alarmel ValJj's caliber. velops, elaborates and embroiders with in a desperate allempt to prevent him from The Indian Council forCulrural Rela­ doing so. tions has been organisi ng various cultural Valli 's othcr item was the water song programs like thi s. Previous shows fea­ (The nectar of life). The dance was com­ tured such art iSles as Zakir Hussain and posed for the festival o f dance soloists as Pandit Hari Prasad Chaurasiya, making a part of the Venice Bienllale in October th e series a class of its own. 1999. The poem, wrillen for the occasion. The audience acclaimed Valli for her uses water as a metaphor for the journey of exquisite dances that evening. Amrita life. Beginning with the birth of rain Singh, a dancer, said, "fascin ating" when through the union of the sun and theoeean, asked how she liked the item thm was put and their chi ld th e cloud maiden with the on. wind god. With the rain there comes the "She is the foremost exponcm of image of splashing, Icaping mountain Pandanllur tradition in Bharatnatyam. She slreams, skipping lightly along likeamerry is also hailed as a creative artiste. who young girl, then o f the broad, plentiful brings to every onc of her items depth. river, like a comely women clothed i ilHensity and naturalness," said Jolly SiI­ flowers. Both blend into th e image of t wal, a Bharatnatyarn fan. waters that make hills of valleys and val­ "She not only is a paragon in the leys of hill s. circle of dance lovers. She also the es­ The water ebb and now like knowl­ sence of the subject dance as well," Silwal edge and wisdom. joy and sorrow, loss added. and gain that make up the fabric of human Trained by the renowned father-and­ life. As mortals evolve spiritually and seek son duo, Shri Chokkaiingam Pillai and Danseuse Valli: Flowering performance union with the Supreme. so do the waters Shri Subbaraya Pillai, Valli 's performance give to the li fe to the earth. merge wi th the suggests that she has enriched. ex tended the theme by drawing freely on her own vast ocean and ri se as vast vei ls vapors, and paved new paths on th e frontiers of imagination and creativity, [Q make the and complete the cycle of life. hcr dancing tradition. subject come alive. The fourth item was "Unnuneer Her style is unique and has been liter­ Though essentially a love poem, it Vikkinaan" -a poem from the Kalithogai, ally call ed "an effortless synchronization signifies that the vernam can be inter­ an anthology of poetry of the sangam era, of apparent contradictions: linearity and preted at two levels - the physical and which goes back to SOl11e 200 years that is lyricism. symmetry and sinuosity. preci­ spiritual. The heroine is not only the woman considered the golden era ofTamil litera­ sion and poetry." pining for her beloved but also a devotee ture and poetry. The poem captures the "The images will stick in my eyes yearning for the Lord. The inner essence first stirring of romantic feelings in a young forever," said Poonam Risal, another dance of vernam is thus a philosophical onc. girl. The transition frol11 childhood to ado­ lover. In this vernam, the heroine speaks of lescence. Ironically , the handsome young The highlight of any Bharatnatyam her love for Lord Shiva and tells her friends man who now allraets her is no other than recital is that the "vernam" combines the that she yearns for a glimpse of her be- the tormenting little scapegrace of her

24 SPOTLIGHT/JUNE 1. 2001 ART

chi ldhood days. She confides to her rriend "Do you remember the liltle rouge that PHOTOGRAPHY used to lormCI1I us so, snatching Oowcrs from o ur hair, destroying th e sand castles we built and running away with thestripped Images Of Change ball we used to play with?"' "The o th er day, my mother and I Young Nepali photographers are coming into an arena heard a stranger at the door. asking for a drink of water. 'Take to him in this golden dominated by an older generation goblet.' said my mother and unsuspecting I went along. Sudden Iy the stranger caught BY AKSHAY SHARMA do not take their work sen ously . And the my hand in a grip that hurt. 'Ma' I cried general public would rather just snap away out. 'just sce what he has done!' And she C all enjoy taking and looking at with automati c cameras and hang then on came running out in alarm. W photographs once in a while. With the wall instead orbuyi ng photographs these "But then I recognized him - that improved quality of cameras and films, the days." ng rogue! ' He choked while drinking professional job of a previous generation is "I have been taking photography seri­ so cried out to you: I said. trying to within the reach of tooay's amateurs. ously ror one and half years after the team ~hicld him from my moth\!f'S anger. And, Photography has long been an amal­ was registered," hc says. while she Mrnked his and palled his back gamation of art and science. The technology "The Neo-Generation" also includes in concern. that mis,hicvQus wretch shot and the setting may change. but the end Prashanta Shreslha, Kishor Maharjan, Kusal provoking glances at me and made me product still depends on the finesse with Bajracharaya, Chandra Man Maharjan. laugh:' which these anributes arc blended. "A con­ Manil Shahi and Bhuwan Bhochibhoya. The fifth item was " thilana" which ceptual diagram or the momcnt a subject is Asked what drew him to photography, was a joyous sequence or pure dance recorded on color film. Light from the multi~ Ashesh says, "My brother was vel)' inter­ .1Ild movements. which combines com­ colored subject passes through three layers ested in photography. My faLher had bought plex and intricale footwork with varied of light-sensitive material on the film: the my elder brother a Pcntax camera. I can't rhythmic patterns and was a "filling top layer is sensiliveonly to the other part of remember the model. That was the first fina le to the Bharatnatyam performance. the subject,the next layer is sensitive only to camera that I used." A'!. it is with the vernam. there are many the second part." says Purba Lama, of Ex­ ··1 admired my broLher's photographs. Ihilanas composed in different ragas or press Studios, Ncw Road. especially his night photography. Even when rnclodie~ and different talas or time mea­ "While the third layer is sensitive only I was in school, I used to spend all my lunch sures. to the third layer. When the film is devel­ money on buying postcards," he remem­ Valli studied from the eminent musi- oped, their respective complementary col­ bers. '·Atllrst50 percent of my photographs cian T. Muktha. of thc renowned ors of yellow, magenta and cyan are pro­ was spoilt. But one learns from experience. hanammars School of Music. Valli ex­ duced. This is the color negative," he ex­ I remember I used to use a Rollei camera." t orcs the iJeal or dance. as a visual music plains. Rollei has certain features LhaLare quite - to explcss the distinction between the A color negative, therefore. does not uniql1ccompared to other cameras. It's fully literal translation~ of lyrics into body lan­ give us true color representation. Further manual and the nash is attached atLhe bot­ guage and the mature evolved transmuta­ work is required before we can fully admire tom of the camera. unlike other ones that tion of lllUSIC into movement. our photograph. When light passes through have their !lashes on top. As a CfltiC writes. "An Alarmel Valli the color negative and on to the calor print, ··1 always used to admire my elder or Suzanne Farrel can literally embody three light-sensitive layers on the print work brother's photographs and wonder how he Infinite subtleties of the emotions. intrica­ in a similar way to layers on the color film. shot them. My target is to do something for l.:ics of design. glimpses of the divine. Thus. when the print is developed, the Nepal bes ides enhancing my own skills;' They can. momentarily at least. wrench complementary eolors of the colors in the Ashesh told SPOTLIGHT ·'Photos help the order out of chaos." negative are produced. "This gives a posi­ give us the true insight to Nepali culture. Our Valli who has W(1.1 her laurels sev­ tive image," says Rajendra ShreslhaofBajra culture seems to be disintegrating. The pan­ craltimes over major culrural festivals in Art Studios in Putali Sadak. oramic scenes of Nepal are truly worth being Olher parts of the world has added another Young Nepali photographers arc com­ photographed .-' feather on her crown here. She was ac­ ing into an arena dominated by an older Today more people are using the cam~ companied by Lata Ramchand (vocals). generation. Asked what future he sees for era in many more ways than, say, 10 years C.K. Vasudevan (Nalluvangam). M. emerging Nepali photographers, Ashesh ago. Experts suggest than nine out of Shaktivel (Mridangam), Sita;am Sharma Dangol, a member of "The Neo-Genera­ ten people handling the camera are eilher (Violin), G. Raghuraman (tlute), Gautam tion". says, "If you want to be a professional convinced of their artistic bearings, or are Bhattacharya (lights). Indian Ambassador and pursue the field seriously. there is defi­ professional photographers or are confident Dev Mukarji provided Lhe photographs 10 nitely a bigger scope in photography today." or Lhe potential photographers lurking be­ us. • Ashesh adds: "Photographers in Nepal hind them. •

SPOTLIGHT/JUNE I. 2001 25 REVIEW

ized that democratization would turn out DEMOCRATIC GOVERNANCE to be such a long process. The current disenchanlment with the political system is just a reflection of the lapses bred by Evolutionary Nature expectations raised primarily by Lhenewly ascend ant leadership. Prominent experts discuss the enormity of the chal­ Eminent constitutional lawyer Ganesh Raj Sharma. advocates Bharat lenge of democratization Raj Upreti and Ram Chandra Bhattarai, political scientist Or. Ganga Bahadur By KESHAB POUDEL An imponant strength of this book is Thapa, journalists Ram Pradhan and Jan that it contains some very interesting ar­ Sharma, and former secretary Dwarika n the decade since the restoration of ticles written by prominent personalities Nalh Dhungcl have contributed articles to I democracy in Nepal, hundreds of at forefront of Nepal' s current dernocrati- the volume. books and articles have been pub­ Achyut Ba lished on underpinnings of plural- A Decade of Democracy in Nepal Rajbhandary. Sha,l,en(jraS" istic governance as well as differ­ Edited by Achyut Bahadur Shrestha, and G hana Nath Ojha, Pawan ent methods of achieving the ob­ Kumar Ojha and Mihir Kumar jectives enshrined by the constitu­ Sachinanda Srivastav and Indra Prasad Thakur present cogent views on tion. Whatever intellectuals a nd Pokharel various issues. Journalist political pundits say about the cur­ Dhruba Adhikary and Dr. rent sta te of democracy. our institu­ Published by Study Center for Good Govinda Koiraladiscusssalient tions have their own way of ope rat- Governance and Democracy and Friedrich features of the problems and ing. This realization is vit al to ad- Ebert Stiftun prospects of our democratiza- \lanci ng the debate o n our dcmo- g tion process. c rali c future. Pages: 245 At a time when the national Democracy is a long process mood is gripped by deepening that presupposes certain inherent quali­ zati on process. From the creation of a cyni cism and gloom, the book helps to ties for succcs~. However, many of our democratic c ulture to the basic tenets of identify the challenges to democratic gov­ intellet:luals and politicians seem to have the constituti onal debate on good gover­ ernance in Nepal and explains the evolu­ little palience for the process of social nance, the scopeofthe analysis is compre­ tionary nature of the process. • evolution to unfold. hensive. Instead of acknowledging the ground As a non-government realities of our context. many experts and organizati on supported by analysts want to teach lessons on the val­ all national political panics. ues of democracy and good governance as the center has tried to prove if it were an overnight process. After that its functions and role publishing books and articles, many intel­ are different than th ose IcclUuls tend lO consider their job com­ other groups. The basic ques­ plete. tion the book asks is: how successful have we been in Since the 17 th Century.. .J,:.... ~VV\,.1.l/ Actua ll y, democracy is an ongoing ManakaJDana tcn:J.ple has __ . "- process o f debate and discussion on dif­ our quest l a bring meaning- been widely venerated .:i' ~1I '7 ~ -;:;. ~W-j!.!l'" ferent issues among various segments of ful change? becaue of the belief that .., . 0- l:r.iSlnak.a="".a Devi Fulfills --I /vi""",' U society. lnslead of making constructi ve Nepal' s experience has all 'Wishes. Disabled suggestions on ways of bolstering our shown that c hangi ng the Today. instead of'the Discount Q democratic pillars and learning frol11 the constitution alo ne is not 4 to 5 hour arduous trek. ,"""I-t.- ~ Manakarnana is now :t" l-Li;. pitfall s, most academic writin gs tend to enough to bring changes in -bI -- ~ "'0"" . access. e ID Just 10 .", !1!!f.'!i ~ single out the government for criticism. the behavior of people. Far- lDinutes by ~,.- This book is compil a Li on of papers reaching change requires l?o.unoooo.D1.8lD8 Cable Car. ~,.,.,~~ and proceedings of me discussions at a properly functioning basic Cbidren Under recent seminar on Nepal's decade-long institutions and acleartradi- 3 & Half Feet experience w ith democracy. While some tion of upholding the valid- 1~iiiE;i1~U~pto;~~ Discount of the articles are highly thought provok­ ityandpaceofchange. When ""'i§I~i! ing, others seem to have assumed an air of democracy was restored in formality. 1990, few people had real- NaaI. Hagpokhari. ~thmanclu. He9aI . Phone: ~J.46!1O. ~34625 . ~341Wa Fax: Im·l"'34515. emaiI: cI\~wIinI< . com np. Stabon o&

26 SPOTLIG HT/JU NE I. 2001 THE BOTTOM LINE

By M.S.KHOKNA

o

I \,. I I

The clean leading politicians pushing Nepal Towards catastrophe

TRANSITION MaRohar Joshi,Indian Union SUCCEEDED: A seven- his unique feal. Minister for Human Re­ member expedition learn of LEFT: Keshav Sthapit, SOurces Development, after a the Indian arm y, in scaling DEPLORED: His Majesty's mayor of Kathmandu short visit to Nepal. Mount Everest. Government of Nepal. the Metropolitan Corporation, Taleban rulers of Afghani­ for S hanghai, China, to ARRESTED: Hem Narayan A WARDED: Tcmba Chhiri stan. fo r e nforcing th e mi­ take part in a meeting of Yadav, UML MP, by police, Sherpa, the youngest nority Afghan Hindus to wear mayors from the Asia Pa­ on charge of manhandling the Everester, with the Pasang yell ow identification marks, cific region. district education officer of Lhamu Outstanding Youth saying that would trigger fur­ Sirahadistrictand vandalizing Award. by the Pasang Lhamu ther communal discrimina- RETURNED: Murali the office. He was released later. MountaineeringAcademy, for tion. •

SPOTLlGHTlJUNE 1,2001 27 FACE TO FACE 'We Have Been Providing Efficient Service With Our Limited Resources' - or. RAM PRASAO SHRESTHA

Dr. RAM PRASAD SHRESTHA. director a capacity of 300 beds, was built 32 years ago gery. This is one oJ Bir Hospital, has made major efforts to with assistance from USA ID . In the last 32 of the major improve the COlll/lfY 's aldes( hospital dllring years. we have added onl y 90 beds. In 32 achievement s of the last olle·olld·/wl!yetlrs. Shreslhll, Cl sur­ years. the country's populati on has doubled Bir Hos pital. geon who has worked for more than three - and the population of Kathmandu valley We have al so in­ decades in hospitals ill differem parrs of the has increased by many hundreds times - but troduced auto­ country. spoke 10 SPOTLIGHT abollf his the capacity ofBir Hospital has not exprulded. analyzer equip­ experience ill RiI' Hospital, Excerpls; For ri ch people, there are many hospitals me nt in th e inside the country and out side. The Bir Hos­ blood test For How do you assess your performance pital is serving the poor strata of the people kidney trans­ as director of Bir Hospital? from inside the va ll ey and outside. plant. we have Well. when I took over this responsibil­ How congested is the hospital? already sent the it y. I accepted it as a challenge. I expected to AnnuaJJ y. more than 4.000.000 people techni cal regulation to th e Health Ministry. get all-oUl support from various sectors to visit the outpatients department and 60.000 A eT scann er has already been shipped perfonn my duty. I have been able 10 gain attend the emergency unit. From si mple to from Japan. whi ch wc expect to arrive very much-needed suppor!. I have worked for major surgeries. the hospital has a caseload soon. more than 30 years in this sector. My profes­ of 5.ooo a year. Becauseoflow capacit y and Wbat about the acute burn ward? ~ i o nal journey sUlrted from a health center lack of faci lities. wc are unable 10 provide For the last four yea r ~. because of many which took me 10 a district hospital. zonal services to all. This is disappointing. reasons. the acute burn ward could not be hospital, regional ho::;pita1 and now to my What is the annual income of the completed. The bui lding of the acute bum current position. I accepted this position be­ hospital? ward is now nearing completion. cause I felt I could put my experience to good As you know, Bir Hospital is a govern­ How do you view thl! frequent strikes use. ment hospital. So there is no questi on of in the hospital? Won' t this damage its Huw do you find the response of your making a profit. We have to provide 320 beds credibility'! colleagues and government officials? for the poor free of cost. Only 18 percent of Such frequent strikes are unfortunate I feel encouraged by all my coll eagues the bed. or 70, are payable. Patients on free and disturb our effort s. During the recent and the ministry. I am very grateful to all of beds do not have to pay anything for medi­ strike l:alled by nurses, we were able to reac them fortheir va luablesupport. Over the past cine and meals. In such a siluation. either we an early compromise. few year::;. there have been various flaws in need adequate government subsidies or have What is the status of the proposal to the system. From sanit ation to discipline. 10 search for other ways of raising resources. develop Sir Hospital as a post-graduate everything has decl ined. It is not easy to be Bir hospital i::; a service-oriented organiza­ institute'! director of Bir Ho::;pital. as there arc many ti on 10 provide medical facilities forthe poor A de tai led study has already been made challenges and problems. I do not want to strata of the population. to establish a postgraduate institute in Bir analyze all kinds of elements but I am making What facilities have been added dur~ Hospital. We have already presented the pro­ efforts to make this hospital a more credible ing your tenure as director? posal to the ministry, which has given us a and e ffici ent in stitution. I ha ve made small efforts lO make posi ti ve response. Patients see tremendous improve­ changes in the hospital. We have already What do you need to do to improve ments in the hospital management. How started extrapulmo nary and pulmonary ser­ the overaU sitnation at Bir Hospital? do you e\'aluate the changes that have vices and DOTS service to TB patient. The In the last o ne year. I have made many taken place over the last year? medical gastroenterology unit has started efforts to improve the physical , economic I run not the person to judge the changes opening every day. A femaleortho ward has and other conditions at the hospital. I have in the hospital. I am happy to know that opened wi th eight beds. New facilities have seen some positi ve signs. However, it is not patients realize there have been changes. All been added in the pediatric ortho bed. In adequate. Onc of the major achievements of I can say IS that I am making efforts to general surgery of female ward, 12 beds the hospital is that we are gradually gaining improve the situation. have added. In the post-operation ward, we our earlier reputation and credibility. At a What are the chaUed'ges before Bir have put monitors and with hi gh-depen­ time when aB other hospitals and health foun­ Hospital at present? dency bed. I am very proud to say that the dations are operating on bigger budgets than We have many problems and challenges. doctors and surgeons in the hospital per­ Bir Hospital. we ha ve been able la provide On e of the major chaJJ enges is the lack of formed an open-heart surgery and valve efficient service. This is a major achieve­ beds. The main buiJding of the hospital, wi th replacement and coronary artery bypass sur- ment. •

28 SPOTLIGHT/JUNE I. 2001 PASTIME

Kathmandu Spring: The Peopleis Movement of 1990 Now In Town BOOK Kiyoko Ogural2oo I Rs. 325.00

The Anthropology of Buddhist and Hinduism WebexiaD Themes Leadership in Nepal D.N. Gillner/2ool Rs. 1112.00 L.R. Baral/K.HachhethulHari Sharmal2oo1 Rs.480.00 Nepal in Political Crisis Atmabrittanta : Late Life Recollections R.K. Vaidyal2001 Rs.65 1.00 B.P. Koiralal2001 Rs.400.oo Nepal in Crisis: Growth & Stagnation at the Periphery Anthropology and Sociology of Nepal P.M. Blaikie/J.Cameron/J.D. Seddon/2001 Rs.800.00 R.B . Chhetri/Om P. Guolngll999 Rs.500.00 NGO, Civil Society and Government in Nepal Constitutional and Political Development in Nepal K. B. Bhaltachan & OtherS/2001 Rs.200.00 R.K. Dahal/2ool Rs.595.00 Nepalese Culture Society and Tourism estic Connict and Crisis of Governability in Nepal Diwas Dhakal/2000 Rs. 450.00 , ba Kumar/20oo Rs. 525.00 • Readings in Nepalese Public Administration M.K. Shresthal2001 The Institutionalization of Democratic Polity in Nepal Rs.2oo.00 Kh adga K.C.l2oo Rs. 150.00 A 51ep Towards Victim Justice System Nepalese Perspective S.K. Shrcsthal2001 Rs 475 .00 Issu es of Governance in Nepal A.P. ShresthalS.R. DahaU2oo1 Rs. 200.00 (Sollrce: Himalayall Book Cellfer, Bagh Ba:ur, Kalllllllllldll, Ph. 242085,

Video (English)

Mummy Return One Night MC. Cool's Replicant llridget lone's Diary Driven . cret . y It Isn't So Tom Cats "Do not yearn for Cast Away Freddy Got Fingered physical joy and, Ek Rishtaa by so doing, dis- Albela 10di No. 1 card the more per­ Pyar Tune Kya Kiya manent joy of in­ Rahul Kasoor ner calm and con- Dama" ten tmen t. " Chori Chori Chupke Chupke lljhan One2 Ka4 - SATHYA SAl BABA (Source.- SIlperSrar Video. NewR()lld)

SPOTLIGHT/JUNE 1,2001 29 LEISURE

3-G CHIPPER "'NO CARRIE WILL FREEZE TO DEATH IN THAT OLD SHED!

DOONESBURY 8lIT PAT tJUCJiANAN UVE5 MR. ~,/rsMbV5A/!? PAT t

JUDGE PARKER FOR INSTANce •.• THEY TOLD ME THAT l-IVING WITH YOU IS A PROFOUND HARDSHIP/

30 SIPOTLlGHT/JUNE 1.2001 LEISURE

CROSSWORD BRIDGE

NORTH --;:;-

."• A Q 10 l .8654• 6 l 2 WEST EAST • J 985 • K 8 5 2 ..J9764­ • ID 9 5 • A QJ 8 .H • Q ID 32 SOUTH ..AKQI0764- • K 74 • A K 7 Vulnerable: Both Dealer: South The bidding: South West North East 2 .... Pass 2. ,. Pass 2 • Pass 2 tIT"., Pass 4. AUpau • Artific:iaI and forcing • " ... 7HCP "'Balanced without three apades

Opening lead: Diamond 10 ACROSS

I. Governor associated wilh tyrannical I. The result of a domestic shooting (4.S ) "Good or bad fortune usually power (S) 2. Broadcast in on song (5) comes to those who have more of 4. lII-shave n bum in state capital (9) 3. Bird soars up over obstructions and the one than the other." 9. Consider covering pit over at front of drops (8) - La Rochefoucauld former cinema (9) 4. River that ri ses in Darjeeling (4) 10. Port - a Iitlle drop given to Rear S. Dart kept by scout leader as a weapon Today's interesti ng duplicate deal Admiral (S) (3-7) brought good fortune to some. bad luck to 11. Insect found hawthorn sharp (6) 6. Exotic vindaloos, not convenjence food others. Success of failure rode with how 12. Fish source in London location (8) (6) declarer handled hi s bad breaks. West led his diamond 10 to East's ace, 14. Call one in rocket base (10) 7. Scold us for shurring and appearing and East returned the queen. South won his 16. Incentive la work nowdays (4) randy (9) king and tried trumps. East's discard bringing 19. Leave be, not having succeeded (4) 8. Game's up - one's received the mes- bad news. Added to the horrible trumpdevel­ 20. Background notes? (S.5) sage on-screen ( 1.4) opment was South's heart void. Apparently Run down? HaliLOsis might be a sign 13. Band accepts endless ribbing? That's South has to cope with a trump loser and three of it (8) entertainment! (10) minor-suit losers. 23. Fury as a coll eage reader rejects first IS. Meaning of political spokesman's Those who relied on hopes of a defen­ • sive error were not rewarded. They played bit of research (6) words? A bit wet. but deep undermeath four rounds of trumps, giving West his natu­ 26. Haircuts - short back and sides? (S) (9) ral trump tri ck. West led a diamond to East's 27. A special tour abroad ending in 17. Qualified woman loves going round jack. and East switched 10 a fourth-best club Provence - via thi s? (9) court wearing costume (9) deuce. Knowing South held seven spades. 28. Bad publicity when Tony conningly 18. I'm getting pennies, pounds and gold three diamonds and thr~e clubs. West "saw" takes in almost all Conservatives (9) sovereign as a beggar (8) South's heart void. And when South ran the 29. Audibly state American chap (S) 21. Reveille made soldier get up and exer- trumps. West warned partner to hold clubsby cise night? (6) discarding hi s heart king. Eventually, South conceded a club. sendi ng I he game one down. 22. Refuse to delare weapon (S) The successful declarers adopted a le­ 24. Please go like a steam train! (S) gitimate line of play. Instead of continuing in 2S. Elizabeth going topless for a painter (4) trumps. they conceded a qiamond at trick four. East won and shifted to the same club deuce. However, ba.ring a falsecard. this Al13 So jJnq::J 'vZ time South had the count. It didn't matter uOleg 'ZZ J.sno~ ' IZ J.JOldwl 'SI SS.JOIOOQ 'L I ljupuldS'" .se.ld!llS '£1 l!ew-3'S whether East's club deuce was truthful or not snOJ'qo'l 'L spue!i\ '9 J'lOO",-xIS ., '1IN'v sl' lquQ .£ Ael'~ 'Z .!hOW .woH '1 : UMOQ ~ South's only chance rested with West's s l1Jn~ '6Z Al.UOlON '80 holding five minor-suit cards. So South cashed '1I10JOtnv 'a SWIl.L '9Z OP'IV '£Z qlnowpeg ·ZZ o!Snw pod ld 'OZ 1!X3 '01 peoD '91 hi s black-suit winners and gave West his uopet"li\ 'vllloMpeqs'Z I AUAeW ' 11 eJOOV '01 X'ldlllnw '6'IIIAQ seN 'vPOJ0H' I : SSOJJV trump trick. West had to lead a heart to South's "dead dummy," and South made the NOI.LfnOS best of his luck - both good and bad. •

SPOTLlGHTIJUNE 1.2001 31 r FORUM Print Media: Changing Character And Readership By YUBARAJ PANDEY

If people were asked to prepare theirown lists of sectors that have published in the country. Thus, developed the most in the II years since the restoration of less than twenty percent of the \ multiparty democracy, journalism would perhaps top most of publications attract about half of The size, shape, scope and significance of journalism in the total readership. The struggle appearto have been changed during these years. The total of eighty percent of newspapers to of newspapers, magazines and periodicals registered attract the other half of the tOlal increased by more than 150 percent.- Broadsheet daily readership has become a promi­ ~7t~' from the private sector are the new features of nent feature of our print media. - Icontemllor,ary journalism. FM radio stations and private TV This growing popularity of are also new elements of the modem media. The print daily newspapers appears to have 1 emerged as an important source of employment given birth toanew scenario in the the well-educated. This sector has also started attracting the print media sector. Recently, a fa­ Iml)"," of businesitnen and indu striali sts. Journalism is tran s­ mous and well-known weekly newspaper called "Naya K.,"",t"l forming itself into a form of industry in our country. has started to be published in magazinc form. Big houses This transformation has brought about many changes in al so staJ1ed to show interest in publishing magazines. u~._ , ..... ism trends. Some years ago, people used to read weekly new publications like "Himal" fortnightly magazine have be­ newspapers to kcep abreast of current events. Nowadays, they come more popular and have been able to attract more readers in have begun to read daily newspapers, especially the broadsheet comparison with many of the well-established weekly newspa­ Inewslpa.,ersbroughtout by the private sector. Most of the weekly pers. This symbolizes the emergence of a new trend in !ne,w,;pa.pers in Nepal are known for their pOlitical alignments. Nepalese print media. of 10 major weekly newspapers in Group A according to the Seeking infOlmation from Internet websites also has classification made by the Audit Committee of Circula- come a hobby among city elite, especially those of Kathrnarldu .! nine are believed to be supporters of specific political Opinion polling through the Internet has also begun to bel~orne l or views. The situati on is not much different in caseoflhe a matter of interest for Nepalese elite and intellectuals. But weekly newspapers. That is why most readers ofa specific a small porti on of the total population access to mtonnallo'll Iwe,ekllvnewspaper happen to be supporters the specific political disseminated by Intemet websites. Thus. seeking oro,s.selmllnal I,d"olclgy the publication espouses. Ing information More specifically, if a weekly newspaper appears close to a th e Internet appears remote for the majority of Nepallis.! Ime.ciflcpolitical pally, people close to that pally prefer to read The introduction of Internet technology has also given birth to newspaper, while people supporting other political parties new trend in the field of Nepalese journalism. Most avoid it. Very few weekly newspapers command a reader­ the popular Nepali newspapers and magazines are available ship transcending party affiliations. the Internet. As a result, those who have access This leads us to the conclusion that people prefer to read the Internet have begun spending less moneyon bu:yinlg rlev".,a-! daily newspapers for news and weekly newspapers for political pers. However, this does not mean that on-line journalism ysis and comments. However, broadsheet daily newspapers become a major trend of Nepalese news consumers. include opinion pieces that analyze political views and The introduction of new technology has only given birth and put them in perspective. This has created a special anew trend injournalism. Thus,journalism in Nepal has hP"~"np l tuation that makes readers unable; to some extent, to find the an area developed and changed very rapidly after the promulga­ 'fference between daily and weekly newspapers. This similar­ tion of the Constitution of the Kingdom of Nepal 1990. When has become a great threat to theexistence of weekly newspa­ we talk about the print media, we see that changes occurred in Newspaper readers in Nepal are gradually Clustering readership of newspapers have brought changes in the trends larclunld daily newspapers:especially private-sector broadsheet nature of the journalism itself. Similarly, the changes in IP"II'"'" According to a study, total newspaper circulation in trends and nature ofjournalism also have brought changes in is about half million a day. The daily newspapers cover readership of newspapers and magazines. y half of this circulation. However, daily newspapers • represent fewer than twenty percent of the total newspapers Palldey is Director General at the Deparlmem of IlIfomzation

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