Kathmandu School Of Law (KSL)
in co-operation with Center for Legal Research and Resource Development (CeLRRd)

E-Bulletin (Vol 85)

2 September 07

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News

   

Features Article

   

KSL announces admission open in LL.B program for the academic session 2007-08. Entrance examination for the 3rd Shift will be conducted on 16 Sept. 07
Admission Orientation is being conducted every Sunday at KSL. Interested candidate can register his/her name at KSL reception. For detail: dial 6634455/ 6634663 or visit www.ksl.edu.np

 

News

       

Press Meet and Official Release of the Regional Study on Anti Trafficking Legal Frameworks

Press Meet and Official Release of the Regional Study for the Harmonization of Anti Trafficking Legal Framework in India, Bangladesh, and Nepal with International Standards was organized on 16 August 2007 at Hotel Malla, Kathmandu.

Prof. Dr. Kamal Krishna Joshi, Chairperson, University Grant Commission, Nepal unveiled the Regional Study for the purpose of official release. Prof. Dr. Nomita Aggarwal, President SALS Forum (Chief Consultant of the Regional Study); Mr. Stefano Ellero, Regional Coordinator of the project- Developing a Right Based Approach for Anti Trafficking Action in South Asia; Mr. Joseph Aguettant, Delegate, Tdh Nepal; Mr. Ferenc Weigl, Delegate for the European Commission to Nepal; Mr. Kailash Prasad Subedi, Under Secretary, Ministry of Law, Justice and Parliamentary Affairs, Nepal delivered remarks as Special Guests for the program.

Dr. Yubaraj Sangroula, Executive Director of KSL, applauded the vigorous efforts made by consultants and researchers of India, Nepal and Bangladesh to successfully accomplish the unparalleled Regional Study on Anti Trafficking Legal Frameworks. He then made highlights on the findings and recommendations of the Regional Study that was conducted under the project entitled Developing Rights Based Approach for Anti Trafficking Actions in South Asia. He recalled that numerous activities have been conducted in name of anti trafficking but many of them are guided from activists' perspective thus creating misunderstanding of the trafficking as only a problem of women and prostitution. He added that problem of human trafficking should not be limited within the purview of women and prostitution otherwise it will not address the issues of victims and trafficking as slavery like practices.

"While commencing the concept of the project, it was thought on how to punish culprit, rehabilitate the victims and protect human rights of victims. The Regional Study is grounded on such rights based approach and makes recommendations for collaborative efforts of three countries in protecting and promoting rights of the victims of trafficking", he added. He also mentioned that 24 laws schools of India, Nepal and Bangladesh have been collaborating to adopt the rights based anti trafficking curriculum introducing the Regional Study as Course Book for the same. Lastly, he urged the donors to acknowledge the potentiality of academic institutions and not to limit their access and support to NGOs only.

Mr. Joseph Aguettant, Delegate, Tdh Nepal highlighted that the Regional Study is unprecedented for different reasons as it brings legal frameworks of three countries together, and acts as watershed for the future programs and interventions in the field of human trafficking. He said that trafficking is being proliferated as an organized crime and industry of placement. Traffickers are seen more active and cautious and victims are being revictimised.

Citing a case study of a twenty-five years old trafficking survivor form Calcutta to Kathmandu, he further added that rights based approach has two components: rights holders and duty bearers. Any victim of trafficking deserves the right to be protected and law enforcement agencies are the duty bearers. Those duty bearers should be willing to listen what victims have to say and maintain high standard of confidentiality. He also mentioned about the 'Power Girl Project', a pilot project for providing training to survivors being conducted in Calcutta, and added that such framework of legal awareness to survivors should also be incorporated in rights based approach.  Trafficking is not only cause of the violation but also a consequence, he concluded.

Prof. Dr. Nomita Aggarwal, President, SALS Forum said that the Regional Study is only the beginning step as trafficking is the ongoing problem and consistent efforts should be made for at least few years to achieve the concrete results. She highlighted that the Regional Study has made crucial recommendations and it is the governments of the respective countries to address the identified lacunas and implement the recommendations if they are seriously motivated to eliminate the 'social evil'.

Prof. Aggarwal said that the Regional Study has made effort to think of alternatives to address the problem and SALS Forum believes in 'no border' because interventions are necessary beyond borders and no social and legal issues can be studied without human rights perspective. She also ensured that the university teachers, professors from law and non law schools can do excellent research as it has been proved by the Regional Study. Contributions of academic institutions would be useful and productive for progressive social transformation. She said that even no project is given, the activities will not be halted and above 50,000 students will be taught and trained on rights based anti trafficking issues. SALS Forum is making the horizon wider and broad to intervene in the issues.

Prof. Aggarwal also presented the objectives and interventions made by the SALS Forum. SALS Forum is constituted to strengthen the quality of legal education and promote exchange of ideas and experiences among South Asian Law Schools and similar institutions in matters of legal education in general and human rights studies in particular. In this respect, the forum is coordinating with 24 law schools in three countries and abroad to provide orientation on rights based approach to anti trafficking actions and adopt the rights based anti trafficking curriculum. Concluding her remarks she, on her capacity as a Chief Consultant, also appealed everyone to feel free to provide any comments or feedbacks on the Regional Study.

Mr. Stefano Ellero, Regional Coordinator of the project said that the Regional Study is milestone of the project, which is multi layered and not limited to border. "We are working with local partners of India, Bangladesh and Nepal to fight against the evil of society and the Regional Study would serve as a foundation to head further programs and interventions at grassroots levels. Standard Manual to evaluate and monitor human rights measures will be developed for law enforcement agencies as next activity on the basis of the Regional Study", he added.  

 Mr. Ferenc Weigl, Delegate for the European Commission to Nepal thanked the scholars, students and researchers involved in the Regional Study. He said that the Regional Study is an outcome of effective coordination. The findings and recommendations of the Study would benefit all working in the related sectors such as donor agencies, policy makers and government etc.

He added that the government must be able to address the problem and protect its citizens. Human beings cannot be subjected to tricks of perpetrators. He said that international donor communities may support well with technical assistance and other supports but it is the concerned government to actually bring such assistance in practice. He hoped that the recommendations would be followed by the actions in which key hands would be of concern authority.

Mr. Kailash Prasad Subedi, Under Secretary, Ministry of Law, Justice and Parliamentary Affairs, Nepal expressed thanks for the genuine efforts being made in producing the Regional Study. Government of Nepal has recently enacted a new Human Trafficking and Transportation Control Act in line with the organized crime convention and their international instruments. He added that the new Act has incorporated important issues such as compensation to victim, right to self defense, access to camera court etc.

After releasing the Study, Chief Guest, Prof. Dr. Kamal Krishna Joshi expressed his gratitude to KSL and SALS Forum for promoting culture of undertaking such significant research study for the progressive change of the society. He believed that the study will help bringing common issues in academic courses in the South Asian region. He emphasized that human trafficking is an epidemic and requires effective medicine. Hence, strong legal measures with wider education can only curb the problem.

The program was concluded with vote of thanks by Assoc. Prof. Prakash K.C of  KSL and dissemination of the Regional Study to the distinguish guests and participants.


Distinguish Guests at the Program

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KSL Students Participated in the 7th Asian Post Graduate Course on Victimology and Victim Assistance

Students of KSL, Ms. Sushila Karki, and Mr. Suraj Basnet, participated in the 7th Asian Post Graduate course on Victimology and Victim Assistance held in Tokiwa University Mito, Japan from 29th July to 10th August, 2007. 

The course was conducted in collaboration of World Society of Victimology (WSV) and Tokiwa International Victimology Institute (TIVI). There were 41 participants from 10 countries namely Nepal, Indonesia, Japan, South Korea, India, Srilanka, Malaysia, Vietnam, New Zealand, Italy. The main objective of the program was to enhance participants' in-depth knowledge and understanding about victimology from the broad and diverse spectrum. The course dealt with topics like History of Victimology; Methods or Ways of Coping with Victims: Psycho-Social Model; Counseling; International Instruments and Standards to name a major few.  Apart from lectures and interactions, observation and study visits to Police Station, Police Headquarter and other places of historic importance were also organized.

Accordingly, as per the course schedule participants were requested to prepare project proposal to provide service to the victims. Participants from KSL prepared a project proposal to serve the victims of trafficking in Sindhupalchowk District of Nepal. The proposal package consisted of process to serve the trafficked victims in three different ways: 1) Psycho-social treatment 2) Rehabilitation 3) Legal protection of the victims. Similarly the estimated budget, phase of activities, income, and expenditure as such were described in the program. At the end of the program, Mr. Basnet and Ms. Karki were also awarded with the Diploma certificate on Victimology.

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Visit of Japanese Students to KSL
Students of Ehime University, Japan along with Prof. Tozawa Kenji paid a visit to KSL in order to exchange ideas and experiences of two universities and countries. An introductory session was held ito brief about the academic and extra curricular programs and teaching methodology being applied in KSL. Prof. Kenji on behalf of Ehime University briefed about the programs and scholarships provided to the international students interested to pursue legal studies in Japan.
 

 

 

Feature Article

 

 

 

 

Constitution must be Able to Guarantee Basic Liberties Uninfringeable in Any Circumstance

A society without basic liberties is nothing but a slaves’ society. But the whole chunk of human civilization has unfolded out of conscious struggle for freedoms, and all conditions in political society that thrashed basic liberties are defeated by incessant inspiration of civil society for greater and enriched freedoms. The scheme and design by any individual or institution are thus bound to be ultimately crumbled down; they are never sustainable. No society or nation can survive without a vibrant and freed body of civilians. As opposed to some pessimistic cries, Nepal’s future is bright and awesomely potential of emerging as a matured and cultured nation state provided that some formidable problems are properly addressed.

An in-depth and critical analysis of the past political affairs unfolds that the Nepalese society is passing through a bitter struggle between regressive and progressive forces, though the struggle is largely clandestine. This struggle has mainly centered on ‘ill motif’ of conventional feudal force that intends to continue being in power as antithesis to basic liberties. For the last three years, this struggle has largely surfaced due to massive growth of consciousness of the civil society to basic liberties. This is what an interesting development mounting in the political scenario of the Nepalese society; it is no longer feasible to rule the Nepalese society by a power-block, group or institution with the help of a clandestine power management system. Unlike during the Panchayati regime, in the post 1990 movement era every power block is exposed to the eyes of the Nepalese people. If one looks from this perspective, last five years were crucial in the history of the Nepalese politics in the sense that the clandestine power centered politics came to its zenith and started spilling over. The split of the CPN (UML) was a beginning of the exposure of the clandestine power center, which survives only with the strength of conspiracy and unlimited political gimmicks. The split of the Nepali Congress was growth to maturity, and the subsequent events are spill-over. The biggest failure in this unfolding drama on the part of the democratic political forces was that they could not smell of the foul they were being instigated to play.

The present upsurge of the people marks their genuine inspiration for consolidation of the basic liberties. But it does not mean that the threat or risk of it being crushed by the clandestine power centered political gimmick is over. Coming to its zenith of such gimmick does not mean that it has been powerless, or sustained its biting tooth have been broken. The center is as powerful as it used to be in the past. The only change in its dimension is that it has been overtly exposed at present, whereas it was fully covert till recent past. The gain or lose of the civil society to its mission of achieving basic liberties will thus depend on its clarity of political, economical and social agenda of development. Liberties of people do not stand in vacuum.   

If one analyzes the dynamics of Nepalese history of struggle for freedoms, one can obviously see that it has, as an imbibed character, marked exclusively by political priorities. Socio-economic needs and priorities for the development have consistently been left out. As a result, the economically and socially marginalized sections of the population could not enjoy opportunities for equity, and consequently the clandestine power center could play a plot against democratic forces. In such a state, the larger part of population is easily deluded by the regressive force as it survives on failures of others only. Regression is destructive and devoid of creativity. Obviously, its agenda of winning over the power is solely dependent on the failure of the progressive forces on their agenda. The present government, for instance, took over the power in the pretext of failure of the political parties offer a system of good governance. But it never had a creative agenda of good governance; to grab the governmental power was the only agenda.

Basic liberties are greater need of economically and socially marginalized groups, and of course any political struggle must make these issues as frontline agenda to defeat the clandestine power centered block. The present movement needs to review its position from this prospect. Nepal is currently facing danger of authoritarianism from both the left and right extremism. In this situation the defeat of one may unscrupulously assist the other in gaining power. This on what the American policy to Nepal has been becoming functional. In this situation, the enhancement of the functionality of the central democratic forces is the only right strategy for preserving the realm of basic liberties, and for this the central democratic forces must be able to draw the socially and economically marginalized sections to its fold. Priorities for the socio-economic freedoms and development should therefore be the focused agenda of the struggle for political basic liberties. In this context, the political parties fighting for the democracy should be conscious of their role to massive reforms in the governance system, and the agenda of the movement should be accordingly designed. The success of the ongoing movement for basic liberties is thus dependent on it capability of including socio-economic freedoms and development as priority agenda of the struggle. Its failure to do so may divert the larger part of the population towards leftist extremism, and eventually will provide a basis for continuity of the rights’ control over the State’ power.

In this context, the ongoing movement for democracy must be founded on a charter between the people and political parties. It cannot be a sole instrument of political parties gaining the power over the government with status quo in political dynamics. Restoration of liberal democracy is the agenda of the political parties, whereas the people’ agenda is beyond it; they want an inclusive democracy in terms of participation in political process as well as scoio-econmic development. The people’ movement can be enhanced and consolidated by acceptance by the political parties of the people’s agenda of inclusive democracy. This is where the external powers like India, USA, UK and China can play roles. Their policies and outlooks to present crisis of Nepal should be necessarily guided for the benefit of the general population. Creation or destruction of any polarization for vested interest should find a place, which may drag Nepal to a catastrophe. Especially, US government’s cautious support to the present movement may help to legitimize the brutal suppression of the people, and it may contribute to the upsurge of economically and socially deprived or disenfranchised population to the left extremism. It is necessary to build a faith and trust of the people on the capability of the democratic parties to rescue the country from crisis. This faith of people on democratic forces will isolate unpopular forces from people. As matter of fact, the popular movement to the inclusive democratic system is the only way out of the present crisis.

The present trend of suppression, however, and less visible concern of the international community towards what happening in Nepal are unusual. These trends show that the government is still confident of its capability of quelling the movement with the help of massive use of force. On the other hand, international community is skeptical to extend its genuine support to the democratic forces, and this may be due to ‘stereotyped’ belief that the fall down of the present government might add the strength to the Maoist. This doctrine may have been founded on a sweet logic but on ‘reality’. The Nepalese people are keen to restoration of democracy and have abundantly proved that their choice is no kind authoritarian regime, but the democratic government. The international community can constructively assist Nepal to rescue from the present crisis by extending its support to the democratic aspiration of the people and their capability of their representative parties. By ignoring political parties there can neither be the solution to the Maoist insurgency nor development of the country.

With the present political development in Nepal, one can say that the country has been come to a real cross of crisis. Successful management of the aspiration of the people scattered on every streets and corners of the country today will give a lasting transformation of the present crisis, and failure to an uncertainty of future. The failure of the present movement will throw the country a lasting bloodshed. The present trend of the government to oppress unarmed citizens on the streets compels one to think that it lacks a political vision address the crisis. There is a strong anti-democratic group in the government, which is persistently and adamantly trying to prevail over the people. The terror has been created among the people, everyday it is dragging more people in the streets. The mass is still peaceful on the streets, and has not poured on the inner city in Kathmandu for frenzy and destruction. However, everything naturally has limitation. The anger being generated by indiscriminate bullets and batons might trigger the frenzy, and may invite a catastrophe. It is therefore in nobody’s interest to wait and pass on the time without proper transformation of the crisis. The international community can play a crucial role, by refraining at lest from meddling things, if it does prefer to avoid active engagement in support of the democracy.

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Kathmandu School of Law          / Telephone : 977-01-634455/6634663, 2042268
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