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

E-Bulletin- 54

25th April 2006

Past Volumes

News

Feature Article  
Notification about postponing the Exams

Due to the present political upheavals ongoing in the country, this is to announce to all department of LL.M 2nd year and LL.B 5th Year that the final university exams which was scheduled from 15th Baisakh 2063 have been postponed until next notification. We express our apology for inconvenience in this regard. Students, however, are requested to remain alert for early date of the examination.

Concerns towards Gross Violation of Human Rights Violation in Nepal

Since a couple of weeks, Nepal is undergoing massive protest and demonstration for the restoration of democracy and peace in the country. The upsurge of people in the streets is unprecedented in the Nepalese history and it has undoubtedly shown that the supreme power lies on the people. However, the state has been seen insensitive and irresponsible towards the people voices. The unnecessary and indiscriminate firings and resort to batons on the peaceful mass, infiltrating vigilantes in the demonstration, and obstruction and denial to urgent medical care to injure have all shown that the Government of Nepal is not ready to respect the commitment to international human rights obligations. The present government is being authoritarian, autocratic and irresponsible towards the people.

Unnecessary, incessant and uncertain curfew imposed in Kathmandu is smashing the lives of people. Many sick persons are dying in lack of medical facilities; as even the ambulances are not allowed to ply the streets. Most heinously, the security personnel have refused to pick up injured persons in the demonstration by bullets and batons. This kind of treatment of the government is depriving the right to life of the people. It means that the government is unconcerned with death of the peoples. This is unusual in history of any country. This situation should attract urgent attention of UN and international human rights organizations. Nepal at this time needs a strong presence of international human right community. 

Over the last two weeks, over 15 persons have lost their lives. Over 5000 people are seriously injured. The head injury, firing and baton at head, is found in every case as the major cause of the death. Under the present law, firing is absolutely prohibited over the knees. The order to fire should be passed on by the civilian official. It is said that the minister is not in the office, and it means that firing is ordered by the police officials. Such actions are thus illegal.

It has suppressed all the basic rights and liberties one owns as a human being. The press freedom is extremely violated; and there are number of such instances which have hindered people's freedom and liberty.

We thus condemn the heinous act of violation of human rights by the government and urge all to raise voice for protection and promotion of human rights, pro democracy and pro peace movement. We urge to international human rights community to keep close eyes on the situation.

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Feature Article

 

 

 

 

Statements of Foreign Diplomats and UN Office was before time: Supreme Court’s urgent review of House Dissolution case might open the way out of present stalemate- Assoc. Prof. Yubaraj Sangroula

Nepal has been at real political crossroad to forward. As I wrote in my previous note, Nepalese people have historically been able to move forward to democracy, they are not as naïve as many people think. The current movement is the most popular one, and shows that people are committed to fight for freedoms till the sustainability of democracy is not ensured. The king’s urge to SPA to nominate prime minister and the declaration that the executive power has been returned in accordance with Article 35 of the Constitution cannot lead the political movement towards transformation of the present crisis.

Regretfully, it was unusual to hear congratulatory notes from missions of various countries towards the announcement of the King. It would be a great courtesy and sympathy towards Nepali people if ambassadors of many friendly countries had waited couple of hours to observe what they had to say. While we do not suspect the international community’s intention and firmly believe that they would be supporting Nepal’s democratic aspiration, however, the rush to appreciate the king’s efforts blatantly justified this reluctance to work with democratic forces.

Over the last one and half years, democratic institutions have been fully destroyed or paralyzed. Regional and zonal commissions have been appointed. Several Constitutional bodies have been filled with ‘hypocrites’ and henchmen of the former draconian system. Hundreds of ordinances have been imposed upon the people. In this absolutely bizarre situation, how the new cabinet would function? Would not be such a government an instrument to legitimize the illegitimate government? In absence of parliament, is there anything the proposed government can do democratically? The Nepalese history of democracy would have been collapsed. The international community failed to consider about piles of garbage of generated by the authoritarianism in the one and half year. The appointment of the prime minister as indicated by the king would be catastrophic to the democracy of Nepal, as it is bound to fail without massive changes and solution of the present crisis.

The King in the past has activated the Article 127 to pose and depose Prime Ministers. The present announcement does not nullify the prospect of use of the Article. Most importantly, in absence of the parliament, any government whether under Article 35 or not, is entirely dependent for laws on the ordinances, and the king has the final authority to issue such ordinances. Obviously, any government under the king’s present announcement is to seek support or command for running administration of the nation. As a matter of fact, it is not the SPA’s government but the King will wield the powers. The announcement is thus not a major change in the past situation. The international community is looked for by the Nepalese people to help them in their genuine mission to consolidate democracy and rule of law, which is a primary requisite to address the Maoist insurgency. It is now a clear message also to the Maoists that the force which can dare to fight the king’s army can fight against the Maoists too. It is not possible for Maoist to ignore the people’s strength. The present movement for democracy shows a deep rooted faith and commitment of the people to the democracy, and it implies that the Nepalese people are not ready to surrender to One Party Authoritarian Rule of Maoist. They have to learn lesson from this surge of democratic faith of people. Now it is a right time to address the problem, and Nepalese people can do that. For this they need strong moral support of the international community, at least neutrality. Any act to praise or appreciate the illegitimate government would spoil the peaceful movement.

It has been seen that right after the international community appreciation of the king’s announcement, the police brutality in the street has been intensified. On Sunday, 23rd April, the security force even did not allow people gather in ring road, and indiscriminate firings took place. The morale of the government seems to have been boosted up with a conviction that the movement would cease obtaining further support of the international community. If things continue like that, the suppression of movement on Wednesday, in which SPA leaders are going to address, will be intensified and tragic events might arise. We therefore urge to international community to precisely understand the situation and help Nepal to come out of crisis. While in the past the leadership has made serious problems in all aspects of governance, it does not mean that the leadership is entirely foolish. The SPA leadership has a history sacrifice and hard works for restoration of democracy. Most importantly, hundreds of intellectuals and analysts have been working in close contact with them. The leadership has learned maturity from mistakes, and has developed a culture of respecting the people voice. It would therefore be naive to suspect that they cannot make prudent decisions.

We see Nepal has a bright future. It is marching to end the crisis and consolidate itself to a matured nation state.

The reinstatement of the House of Representatives along with the renouncement of the Executive Power by the king can open a way to end of crisis. The international community can press the king to agree to the need of reinstating the House of Representatives. If the king disagrees, it is now on the part of the people to urge the Supreme Court to immediately review the petition of the HR dissolution case and give a verdict respecting the people’s choice. The revival of the House from the Supreme Court will largely help the country to move towards the end of crisis. The 1990 Constitution is still functional and under its authority the SC can give a way out to the crisis. The political leadership and legal professionals have to see this option seriously. The Supreme Court should not be marred by its stereotyped formalism when the country and its democracy are under crisis. The intelligentsia of the country should think it seriously. Clearly speaking there are two options for restoration of the HR. One, the King in consultation with the SC can declare the restoration of the House. If the king is not active to this solution, the SC can schedule the hearing of the review petition urgently and reinstate the House.  The political leadership is urged to see this option as well. The international community can play role to clear the way to this direction.

We expect your  feedback and healthy comments to this  article. Please send us your response in the email info@ksl.edu.np or Join in our discussion forum >>

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