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

 

Admission Opened in Two Year LL.M. Program in (1) Criminal Law and Justice, (2) Human Rights & Gender Justice and (3) Business & International Trade Laws

KSL announces admission- open  in two year LL.M. program in (1) Criminal Law & Justice, (2) Human Rights & Gender Justice, (3) Business & International Trade Laws. Interested students holding Bachelors' Degree in law are eligible to apply for the program. The last date for the submission of application form is 3rd June, 2006. Entrance exam 8th June, 2006. Classes will commence from 19 June, 2006.  For more information <click here>

 

News

       

KSL Participation in Asian Symposium

Associate Prof. Geeta Pathak Sangroula participated in a three-day Asian Symposium on Contemporary Issues in International Humanitarian Law held from 24 April 2006 in Kuala Lumpur, Malaysia. The program was organized by ICRC to discuss and share experiences about the topic among academicians of the Asian region. The program highlighted on various topics such as importance of IHL in the Contemporary World, Challenges being faced by IHL especially on internal armed conflict, Reaffirmation and development of IHL: Expectations from the academic community, Challenges of modern armed conflicts and neutral and independent humanitarian work of ICRC, Teaching IHL in Universities: Importance and Priorities, National Implementation of IHL In Asia- Pacific, Promotion of IHL in academic circles of Asia Pacific Region: Achievements and Challenges etc. The symposium developed common understanding about the pivotal role of academic institutions to enhance the IHL by building their common network. The participants also unanimously agreed to exchange programs, develop and disseminate publications and reading resources among the universities. Top

ICRC has been involved in normative development of IHL from its very inception and has been providing humanitarian assistance. It has expanded its activities to wider dissemination and application of IHL by  building partnership with academic institutions.

KSL and ICRC maintain congenial relationship to protect and promote human rights and humanitarian laws. ICRC's support in providing trainings to faculty members of KSL, conducting moot court competition, contributing books and reading materials in conflict and humanitarian laws to name a few has been a valuable contribution in this regard.

Ms. Pathak and Mr. Sher Bahadur K.C representing KSL and Nepal Law Campus respectively participated from Nepal.

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Inauguration of Shambhu Prasad Gyawali Memorial Library

Lalitpur Bar inaugurated its newly opened "Shambhu Prasad Gyawali Memorial Library" on the occasion of Law Day on 9th April 06 (26th Baisakh 2063). KSL closely works with the Lalitpur Bar in matters of strengthening criminal justice system of Nepal. KSL has supported in developing this library by providing furniture and resources and its publications.

Assoc. Prof. Geeta Pathak Sangroula and Mr. Prakash K.C, represented on behalf of KSL. Ms. Pathak spoke on contribution of KSL in establishment of the library and said that it is not the donation but rather an extension of its own libray in the next district.  She expressed KSL is always committed to work in collaboration with every component of justice sector to strengthen the justice system of Nepal.  She concluded urging every one to contribute to a concept of ‘one lawyer one book’.  Speakers included Chief Guest of the Program, Mr. Shambhu Thapa, President, Nepal Bar Association, and justice from Supreme, Appellate and District courts. They appreciated the initiation of Lalitpur Bar and thanked KSL for its cooperation.

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Basic Mediation Training for Community People

CeLRRd concluded the eight days residential training for mediators in Urlabari VDC of Morang on 15th of May 2006. The training provided extensive knowledge and skills on mediating the disputes at local level to the probable community mediators. 27 participants from 9 wards of the VDCs were present at the training. In course of expanding the mediation program, CeLRRd has planned to implement community mediation program in another 6 VDCs and one sub- metropolitan city in Morang District.

Similarly, training of mediators in one Municipality and five VDCs of Bardiya have been concluded on 17 May 2006. 27 participants were trained in each training.  Mr Satish Kumar Sharma, Ganesh Datta Davkota, Bhanubhakt Rijal and Reishi Kafle   were the resource persons for the program. Director of CeLRRd, Mr. Kishor Silwal presided in the certification program of mediators.

Community mediation program on all these VDCs, will begin from 1st June 2006. CeLRRd has expanded community mediation program in Bardiya and Morang in financial support from Danida, HUGOU.

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Feature Article

 

 

 

 

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

 - Yubaraj Sangroula, Associate Professor

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 indepth 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. Top

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. Top

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. Top

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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