Supreme Court of Nepal has ordered to withheld – License to KILL

Kathmandu, November 13: The Supreme Court of Nepal has ordered the Government and the President not to take any action in the Murder case of Lawmaker Bal Krishna Dhungel until November 21 when the court is scheduled to decide whether to stay with or without the controversial recommendation. On Sunday the legal body with the growing pressure from the public and other national and international organization issued a statement ordering the president and the government not to act on the government recommendation to pardon Maoist lawmaker Bal Krishna Dhungel, a murder convict. The Supreme Court’s single bench of Justice Tahir Ali Ansari had convicted Dhungel for the first degree murder in 2010 with property attachment for the murder of Ujjan Shrestha in 2004.

The government of Nepal had recommended the pardon on political grounds where the Ujjan Shrestha case study shows no political affiliation with the case. Despite the huge protest from the public, national and international human rights groups, the Government of Nepal is still silent about the issue.

In a recent public statement issue by Prachanda, the Maoist supremo and a lawmaker, “The case of Bal Krishna is the case that was lobbied during the time of Madhav Kumar Nepal’s Government, but due to unavoidable circumstances it was neglected and currently the political parties are making an issue out of it which is completely irrelevant.”

In reply to this statement, Madhav Kumar Nepal Former Prime minister and a leader of the UML party said, “ We had not decide anything like this in fact the way Maoist leader are pulling the case seems very unpractical. If anyone is proven guilty then he or she must be brought by the book. Law of rule is equal to all if not then why do we need judicial system.”

The withheld situation came in action in midst of a deadlock situation of direct confrontation of the legal body and government of Nepal. With high controversies and protest from people, the President of Nepal was seen hesitant about the issue. For this, the court has ordered the lawyers of both sides to be present before the court November 21.

References: http://www.groundreport.com/Business/Justice-searches-new-meaning-in-Nepal-Politicians-/2942467

Shreedeep Rayamajhi

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A Tibetan Monk ablaze himself in midst of self-immolation protests

Kathmandu, 11 November, 2011: It has been reported that a Tibetan monk set himself on fire in Baudha, a prominent Tibetan area of Katmandu on Thursday. A series of self-immolation protests has been in rise where around 11 Tibetans have set themselves ablaze this year in a China's southwestern Sichuan province.

After 1959, more than 20,000 Tibetan exiles are living in Nepal, after the uprising against of the Chinese rule in Tibet. Nepal has strictly prohibited demonstrations by Tibetan exiles and other facilitating activities.

According to the Reuterus, “The protestor, whose name is unknown, was a monk carrying a Tibetan flag and chanting Long live Tibet before setting his clothes alight”

Recently one of the US lawmakers Frank Wolf, who sits on the House Appropriations Committee that determines US funding, said, “ He would try to block funding to Nepal unless it grants exit visas to Tibetans who seek refuge in the United States. We're not just going to cut them, we're going to zero them out,"

Shreedeep Rayamajhi https://www.rayZnews.com

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Political Adaptation and its brief account in Nepal

It brings me to smile, when I think about Nepal’s politics and the kind of mentality that we Nepalese people have towards surfacing or addressing our political expectation. Politics the so called expectation of people certainly highlights a proper system to address the issues of public interest that should be flexible and selfish toward the social welfare. Now let’s talk about Nepal’s elite parties, Nepali congress or UML or any other party why are all in the same league, why don’t they have a standing regarding political responsibility toward people’s aspiration. All of them they say they are working for the public but why they cannot come to a common point in the name of a country is something always makes me think. Why none of the political parties are ideal to define their political practices or why they are in question of morale and ethics ….? What about the constitution? what about giving public a standard of life. These are the utmost priorities of the public sentiment that are broadly being neglected.

Now looking at the other side of the corner we have the Maoist, from the day of the Maoist revolt to their commitment of joining the main stream politics, it seems negligible in proportionate of the decisions and agreements, they made. Their establishment and struggle has been testimonial to the mentality that revolted against the past practice of politics that was more inclined to Power sharing, Nepotism, corruption, Favoritism, manipulation etc. Their contribution has been limited to the pending situation of being the largest party of the constitution assembly and to prioritize their importance in showcasing there power and politics. Their ideology evolved from people’s aspirations where today it’s limited to their party and their people. Their struggle and existence highlights the sacrifices of thousands who willing gave their lives for their country but today it’s more like the other way round where the definitions their ideologies are changing.

I strongly believed in people and their ideologies. I always stood by the fact that none of the parties stand in Nepal is wrong in fact their leadership and their visions might have been wrong but not the party itself. Political parties are the free way of people’s voice that keeps public know and change accordingly to fulfill and direct the social welfare in regards to full social obligation as defined and needed.

Reality is the growing popularity stunts and media attention of Nepal’s politics is infested with a new adaptation and mutation of a new popularity contest that has certainly taken Nepal’s politics to new a newer heights.

One thing I always thought about was the so called out of proportion blow out publicity that has adapted Nepal’s politics. For instant Dr Baburam Bhattrai using the mustang car designed and contributed by the Golcha group of industry. He was an instant HERO as soon as the news came out. May be people were sick and tired of monotonous image of the show off attitude of politicians but it certainly brought him to news and he certainly enjoyed the popularity but for what is my question. Reality is Golcha Group is enlisted as one of the VAT defaulters of the country. A question that says may be we are hurrying too much in giving him a Hero image, without doing anything.

Myrepublica one of the foremost newspapers reports, " The Baburam Bhattarai-led government, which earned popularity for introducing austerity measures, will now have to spend approximately 4.5 million rupees every month on salary, allowances, hospitality expenses, quarter and security of the 46-member cabinet -- the second largest in the political history of the country."

Similarly, Ekantipur reports, "Prime Minsiter Baburam Bhattarai made a surprise visit and inspection of the hotel and restaurants in Muglin of Chitwan today. During the inspection, he checked kitchen and toilets of the hotels. After inspection, he directed the owners to put the price list and to pay the attention on cleanliness of hotel and hygienic service for the customers."

Another example is the Prime Minister talking on phone to the normal public live in the nationwide national TV station Nepal Television. It’s a good initiation for a Prime Minister’s side to know his people and their problems but why publicize, it publically? It’s done in so much out of proportion way and for what?

He is there to work not to en-cash popularity. After all may be he is also another politician who believes in making thing work from his own way but his position certainly gives the power and responsibility to be credible then to en-cash his own popularity. The question is where did we lack or what are we searching for? We outcaste the king, we declared the country as secular state, we have better laws and regulation from exploitation to racialism and still we have no political stability, still there are issue that hinders the life of a normal layman. I believe our country is facing the problem due to bad politics practices or wrong political adaptation. It is a question to all where we need to do a reality check to search for answers as in future you will be asked the question by your coming generation , then and there I believe we all need to have an answer to say we believe in this…………………………………

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US Lawmaker Threatens Nepal government to ease on the Tibetan refugee issue

Kathmandu Nepal: In a recent out cry of struggle of the Tibetan refugee issue, Nepal’s government has been threatened by a US lawmaker to strip Nepal off its share of US aid, unless it permits refugees fleeing Chinese rule in Tibet to transit through the country, states the Agence France Presse (AFP) on Thursday .

Representative Frank Wolf, who sits on the House Appropriations Committee that determines US funding, said he would try to block funding to Nepal unless it grants exit visas to Tibetans who seek refuge in the United States. We're not just going to cut them, we're going to zero them out," said Wolf, a Republican from Virginia and outspoken critic of China. "If they're not willing to do it, then they don't share our values and if they don't share our values, we do not want to share our dollars," he told a congressional hearing on Tibet. Wolf said he would propose the aid cutoff if Nepal's record does not improve by the time the United States looks at foreign aid funding next year.

The report further highlights Representative Frank Wolf, who sits on the House Appropriations Committee that determines US funding, said he would try to block funding to Nepal unless it grants exit visas to Tibetans who seek refuge in the United States. According to sources the US Agency for International Development poured in $57.7 million for Nepal in the 2010 fiscal year.

In the past few years Nepal has been pretty fixed upon Tibetan refugees issue and has been strict in focusing more towards illegal migration process. Nepal has been the main route for exile for the Tibetans who having been rebelling against the Chinese government over Tibet who believe in the autonomous and free Tibet concept. The cases of illegal migration has been an immense issue where at times Tibetan refugees have been arrested with fake documents and fake passport with legal VISA and support from the US embassy. The controversy has not only challenged the US government’s role in refugees issue but it also shows the local interference that US embassy does at times of helping these illegal immigrants.

A question of legality has been raised against the US government and it s role regarding the foreign policy and its operation in the third world country.

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Climate change problem and its ground reality in Nepal

Climate change has been a topic of discussion since past few years, its relevancy and awareness has spread with the confusion among the different stake holders regarding its work methodology and its practices. With high priority and concern, large amount of international funds has been poured-in in regards to the climate change activities and campaigns where the awareness spread in the field has not only created a trend of awareness but to a level has created a confusion among the different entities to work together for the cause. The basic entities in the field of climate change in Nepal have been working individually in regards to their sectors and work practices. In Nepal the work entities have been basically divided in these categories
1. Donor
2. Line agencies
3. The government4. Local organization
5. Consumer

The different categories of organization work at different levels of action and awareness strategy where the government and line agencies work in policy and strategy level. The government role is immense in respect to the services that it provides through its different organizations but due to lack of infrastructure and mobility in the rural areas the human resources are limited within the urban area where the rural people lack the services which they are in dire need of. The Donor organization works in providing funds and receiving the feedbacks only. Local organization works in collaboration of the line agencies and government in following the strategies in action. At consumer level they work toward the adaptation and adaptability of the problem where lack of coordination and planning has been hindering the prospect of investment and research.

Especially in a country like Nepal where the education rate is very low, People know that changes are happening and they are adapting to it but they lack the technical knowhow of what, where and how?
Looking at the scenario and economic condition of Nepal and its pollution rates, Nepal stand nowhere to talk about its contribution in Green house gases emission rates but consequently it faces a huge price of global warming and climate change in retrospect to its adaptability and consequences.

The world Wild Life Nepal in its website says, “Communities in the target area are facing the natural hazards such as landslides, earthquakes and forest fires. Serious drought, temperature increases, and flash flooding are causing serious detrimental impacts on community livelihoods – causing food insecurity; lack of access to freshwater for irrigation and household needs; soil erosion; damage to infrastructure (including irrigation systems, land, property and roads); increase in pests and diseases, and changes to ecosystems (including NTFPs). These hazards are in part as a result of non-climate drivers (such as land use changes, unsustainable use of natural resources, governance, tourism) but are exacerbated by climatic variability. Communities in the target area do not have adequate access to information on climate data and local planning structures (including Village Development Committee Plans, and Buffer Zone Management Plans) have not taken into account risks as a result of climate change. WWF will play a crucial role in working with communities to ensure risks to ecosystem integrity (and therefore ecosystem services) are minimized; thereby building on existing or developing new relationships with other NGOs, private sector organizations, government agencies or research institutions to ensure all vulnerabilities facing people and the natural environment are addressed.”

Climate change has been an effective sector of funding where different Non government organizations are mushrooming in. According to a report from the Centre District Office there are thousands of organizations registered or that have the work capability to work in the field of climate change. Though different NGOs are operational but most of them are limited within bring funds and lack real operational skills where the government lack of monitoring mechanism has boosted their confidence.

Like such Saurav Dhakal, British Council International Climate Champion 2010/11 recently shared his experience of the ground reality of the climate change and its adaptation problems that he encountered during his visit to far rural villages of Dailekh and Terahthum. He shared some key points in his study report of “Adaptation learning highways” which are given below.

Community perception on climate change:

• Delay and reduced snowfall
• Delay in erratic rainfall
• Prolonged dry spells
• Water stress
• Increased pest incident
• Early maturing of crops and new crop opportunities

Dhakal further highlighted the issues and gaps of climate change in following key points.

• Lack of mechanism or existing mechanism is not actively functioning to discuss on farmers problem and technical backstopping on problem
• Lack of technical backstopping for farmers to solve the problem in field level from line agencies. Most of the technical service providers agencies are centered in district headquarters
• Less information on adaptation of farming techniques and seed methodology
• Less knowledge on responsibilities of line agencies toward farmers
• Lack of effective information flow system
• Lack of introduction of new technology in adaptation of farming techniques
• Lack of effective human resource in the field

He said, “People in rural parts of Nepal they majorly lack knowledge sharing and most importantly they are unaware of the resources that are available to reduces the effective of climate change. It’s a worrying situation especially in rural villages where prominent changes are happening and people have no idea of what’s happening. The awareness program of line agencies has reached places but they are inconclusive way limited to center and cities where people in rural areas are confused. The government needs to collaborate in a proper mechanism in dealing with such scenario where the gaps in between the line agencies, and the people should be overcome. The ultimate goal is to provide relief to the public where a reality check needs to be done from all sides and proper efforts have to be done in dealing with the situation.”

Ministry of Environment (MoE) in its portal states, “The Government of Nepal, Ministry of Environment (MoE) has received support from the Embassy of Denmark in Nepal to implement climate change activities. The MoE prepared, through this support, the status report while participating the 15th session of the Conference of the Parties to UNFCCC and 5th session of the Conference of the Parties serving as the Meeting of the Parties (CMP) to the KP. In addition, this funding was also used to prepare and publish the Status of Climate Change in Nepal. The MoE has felt an urgent need for preparing Strategy for Climate Change Strategy and Framework for Climate Change Fund from this support within the broader framework of the Climate Change Policy, 2011. This strategy is expected to streamline all climate change activities in Nepal and include negotiation approaches and will contribute to future climate change negotiations as well. Similarly, the framework for climate change fund will provide a basis to channelize funding on climate change activities received from different sources in the country. The Ministry of Environment intends to prepare the Climate Change Strategy and Framework for Climate Change Fund by procuring consulting services. The key output of this study will be the final reports on: (i) Climate Change Strategy; and (ii) Framework for Climate Change Fund.”

With stakeholders of climate change being more focused in managing the funds and other operational issues climate change industry in Nepal has been a booming industry. The reality of the rural villages and lack of effective human resource in addressing the issue has evolved as a serious problem. Lack of monitoring from the government side and effective mechanism to upgrade the human resource and to outreach the people seems to be the problem at large. Climate change in Nepal has been an issue of concern to all where lack of coordination among the stakeholder hiders the process of awareness and adaptation.

Further climate change strategy and adaptation perspective can be gained from the following link
http://www.scribd.com/doc/24367688/Research-Paper-Nepal-s-Position-Paper-for-the-en-Negotiations-COP15-by-Shreedeep-Rayamajhi

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Nepal lies in dilemma of power tussle between China and USA

Kathmandu August 1, 2011: A Tibetan woman refugee was arrested here in Nepal while trying to obtain a fake Nepali passport. The 22-year-old woman who is suspected to be a refugee living in Bangalore, was arrested red handed when she tried to obtain a Nepali passport in the name of Chhintal Tamang. The Nepal police also arrested 3 Nepali citizens, Bhakta Bahadur Tamang, K.P. Thapaliya and Devendra Neupane as her accomplish.

According to the Government of Nepal, Tibetans entering Nepal after 1989 do not have permission to stay as legal refugees within Nepal, nor does the law protect their human rights. However, the principle of non-refoulement, laid out in 1954 in the UN-Convention relating to the Status of Refugees, provides in Article 33(1) that:"No Contracting State shall expel or return ('refouler') a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion."

The arrest came in action within weeks of Nepal’s Central Investigation Bureau arrest of two minors at Tribhuvan International Airport while trying to leave the country with fake Nepali passports under valid US Visa. The under aged Tibetan kids 15-year-old Jayang Tenzin, and his sister, Tsering Lhamo, 12, were arrested while trying to board a Qatar Airways flight to Turkey with other members of their family who have been living in the US under the status of Tibetan refugees.

With China trying to use its bilateral relationship and USA trying to be more flexible towards the refugee issue of Tibet, Nepal is stranded with no option except to pretend accordingly to both the sides. From the past activism practices to the recent arrest shows Nepal’s position and lack of clarity. Nepal seems to be sandwiched between the giant powers with no standing on the issue, more or less China putting ban and USA being more flexible toward the Tibetan asylum cases , Nepal has been a ground reality for the Tibetans who have been suffering from both ways.

Shreedeep Rayamajhi

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Speak Up !!!!!!!!!!!!!!

Voices search new meanings and definitions. Just have to understand yourself. CHANGE comes at the stake of one's dedication and sacrifice where an individual initiates the spark of change and suffer the consequences but the change is for the world ...........


Rays Production @ 2011 Shreedeep Rayamajhi

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A letter to the Editor

Dear all,

I'm a normal Nepali, a Social activist and writer/reporter. Today I encountered a news which completely made me re-think where our country’s journalism is moving. I believe kantipur being the foremost and pioneering has more responsibility in its sustainability than others where it’s losing its hope. It use to be people's voice and use to lead peoples aspirations in words of change but I guess moving on with commercialism, it has lost its vitality and core values . Previously Kantipur use to be known for its News validity and precision but these days Kantipur is known for its reporters and how they put up their stories. It has become a high reporters/ writers based Newspaper which certainly looks into personal writers opinions rather than any research or reality. This mail basically encompasses my feeling toward a journalist's role and his practices. This mail is regarding Aashish Luitel's article published in the Kantipur daily dated July 27, 2011 about facebook activism which is attached with this mail. I believe everyone has their opinion and we should respect them at all times. PRESS FREEDOM is not a question at any times, but when it deals with social issues even writers and reporters have to be careful about the impacts and roles. A writer in view of his publication’s popularity cannot go about writing anything to hurt people sentiment without facts and information. It is his priority to understand and portray the diplomacy of the information to its use and validity. His persistence in being non bias towards the issue should be his priority. The way Mr Luitel portrays his opinion towards such an important issue seems very irrelevant and questionable. I believe questioning other integrity and giving people your own personal facebook information ( Facebook profile address) certainly points his intentions toward the larger picture of his cheap popularity stunt. If that is the case then I'm sorry to say this but people would lose credibility over the news and news making process.

I would just like to ask the editors these questions where are we moving?Is this journalism that you guys want to pass on to the coming generation? Are moving on the right track ?Manipulation, media power play, Corruption and cheap popularity stunts is this morally acceptable…………… I believe with great power, comes great responsibilities which is being missed by Mr. Luitel. I doubt his credibility and I challenge his skepticism of his definition in regards to journalism. I say this is yellow journalism not press freedom to write against a social movement that too on the basis of rumors with no proofs is a question of integrity. I believe being a writer/ reporter from a prestigious publication and writing something on a social issue that too without any research based on rumors and slashing an image of a movement created and dedicated for the people is a question that points fingers his and your integrity not ours. I would just like to ask the editorial team how could they have approve such a personal opinionated piece that slashes public sentiment. The facebook movement has not only been an eyes opener to thousands of Nepali facebook users but it has brought into light the true spirit of patriotism. Just think where wore we moving a year back. Young people use to say, I hate politics, politics is shit and its nonsense. From this movement at least we have got the feeling of My Country my responsibility, Young people are at least talking and showing their interest that's credibility sir. We know we might bring not bring an instant change but we know we are satisfied at least we are changing the mentality of youth. We are very sure that It’s our country, and we made it garbage and we are trying to clean it so please do join in to know the reality. "Kantipur Publication specially the Kantipur use to be one of the best news publication in Nepal but its credibility is degrading not due to competition but due to its weak editorial Team who don't even cross verify its reporters stories. I guess the Writers and Reporters are more important than the quality of news & its impact ...."MY COUNTRY MY RESPONSIBILITY, MY NEPAL MY PRIDE

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Mass Rally for Awarness

The Facebook youth activism group “Come on Youth Stand Up” organized a protest rally against the current situation of political deadlock and no constitution situation here in Nepal. The rally started from Basantapur Durba square at 8:00 AM in the morning towards Birendra International Convention Center(BICC) the current official work station of the Constitution Assembly Members (CAM) . Hundred of youth’s voiced and protested slogans like NO WORK NO PAY and expressed their aggravation and frustration towards the pending constitution process. Most of the youths were seen carrying the national flag where from past few months they have been very consistent in organizing various protest programs at different locations.

One of the participant said, “The politicians of Nepal are completely irresponsible. Our main objective is to make them realize that we are watching them. People have given them, 3 months of extension for constitution making process not for other things. It’s their foremost priority to complete the constitution and bring it out in fulfilling people’s aspirations. They are getting paid for making the constitution and if they cannot then they have no rights to occupied the position and get paid for doing nothing from people’s tax paid money. Our rally is all about making Nepal responsible.”
“ We are not affiliated to any political part. We are a loose group citizen movement where we serve our objective that address peoples’ voice. If the politicians and CA members don’t address us, we will be back time to tell them and make them realize that they are the servant of this counties not the owners.”

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SoFA right or wrong?

SoFA right or wrong?

Wiki defines, Status of Forces Agreement (SoFA) as, “SoFA does not constitute a security arrangement; it establishes the rights and privileges of foreign personnel present in a host country in support of the larger security arrangement, there are details to it.” The United States (US) trying to get SoFA here in Nepal certainly triggers the bell. What is their vested interest for SoF Agreement here in Nepal? The question strikes. May be they want to help or maybe they are thinking of a counter strategy for China and India or may be they want to make Nepal as one of their base or may be the unknown. The strategy of US against its allies has been very phenomenal and dynamic. Their strategies and practices have been well seen with the measures that they take at the times of need which shows they are very clerical. US has big powers and big powers calls for big measures which certainly needs to be worked and understood. More or less with the financial assistance and support that Nepal Government is receiving from different US agencies will to the level pressure the Nepalese authorities to be more flexible toward the agreement but on what cost and measures should be on our teams and conditions. The question that raises is why should we give rights for a foreign army to move freely in Nepal that is the question that impedes me and my sense of patriotism.

I believe any country getting down in establishing itself to give technical mobility powers to the alien forces is a question of its weakness. Moreover, understanding it in a normal way to give authority or power for alien security forces to move freely in other country’s territory is not just a question of the host countries sovereignty but is also question of the measures that should be taken in and against at times of need. SoFA has both pros and cons. Pro’s will be well defined but what about the con’s like for example in Iraqi with the SoFA there was a sister agreement done which gave the forces certainly feasibilities where the secondary agreement is still not made public. We can understand the US policies toward terrorism but what I cannot understand is the power and control mechanism they have. But in Nepal which is relatively a small country which is currently going at the verge of political chaos, the SoFA certainly triggers a red light. SoFA was previously introduced during the king’s regime where it was turned down but after the Current Chief of the Army visit to the US. The SoFA issue has again came into lime light. The issue is currently being researched in the Home ministry where it will be forwarded to the related military secretariat for the necessary research and understanding.

The real reason lies behind the door where the US and its administrators have the answers. We can’t just speculate about what can happen and what can be done? But it certainly highlights the questions that came out from wiki leaks and further obliterates the situation saying WHY NEPAL?

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