Kathmandu School Of Law (KSL)
in co-operation with Center for Legal Research and Resource Development (CeLRRd)
E-Bulletin (Vol 43)
 

KSL student bagged award in South Asian Moot Court Competition

Ms. Reena Pathak, representing the team of Kathmandu School of Law was adjudged the Best Researcher in the First Henry Dunant Memorial Regional Moot Court Competition for South Asia held at New Delhi on 14th to 15th October 2005. The program was organized by The Indian Society of International Law (ISIL) and International Committee of the Red Cross (ICRC). Law students from India, Bangladesh, Sri Lanka, and Nepal were the participants for the competition. Ms. Sadhana Ghimire, LLM 2nd HR group, Mr. Ramesh Parajuli, LLM 1st Criminal Law Group, Ms. Reena Pathak, LLB 5th year, and Associate Prof. Geeta Pathak Sangroula, represented KSL as the participants and a couch respectively.

The competition was divided into two phases: National and Regional Competition. In Nepal, the national competition was initially agreed to conduct between Law Faculty, Nepal Law Campus, the only faculty of law in Nepal under Tribhuban University (TU), and Kathmandu School of Law, Purbanchal University, which turned into a single party competition on absence of participation from Nepal Law Campus, which according to them occurred due to their managerial failure.

In the regional competition each team from four different countries conducted mooting against each other. National Law School India won the title of the moot court competition. In the award distribution on the final day of the program, Nepal was announced as the 'BEST RESEARCHER TEAM' and was awarded with gold Medal.

To the pride of KSL, all judges and the organizers appreciated the performance of the Nepalese participants and the training provided by the couch. They said that it was unexpected to them that Nepal, in its first performance, would came up with such extensive research and awareness about the humanitarian Law and the Law of war. They also suggested the team to establish an International Moot court Committee, and Center for Humanitarian Law in the nation at the earliest.     


Participants of the competition / Ms. Reena Pathak with Gold Medal and Certificate

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Winter Residential School ended up with the development of the Charter of the Fundamental Rights of Himalayan Kingdom of Nepal

 Kathmandu School of Law organized a seven days 2nd Winter Residential School on “Socio- Economic Rights and Good Governance”, from 18th November 05 in Nagarkot, which ended up with the development of the Charter of the Fundamental Rights of Himalayan Kingdom of Nepal. The new government model for the idol state, The Himalayan Kingdom, is to establish good governance and ensure economic, social and cultural rights as the fundamental rights of the people.  

The program, a first of its kind in the legal education system of Nepal, addressed the socio economic issues of the community with a view to explore innovative ideas to overhaul the setbacks through in-depth academic discussions and interactions. Assuming that indivisibility of human rights is the 'foundation stone for effective enjoyment' of human rights holistically and no enforcement of civil and political rights is exclusively meaningful ignoring the 'enforcement of economic and social rights', the seven days schooling exposed to, and prepared students for, 'roles of emerging leadership' in matters of economic and social democracy.

Group exercise, presentation and interaction on the subject matter were fundamental approaches of the programme. Philosophy and core values of human rights, good governance, democracy, rule of law etc. and its implication in south Asian context were the grounds for each discussion. Students exercised their ideas on the basis of their research in different villages near  Nagarkot, particularly, on the right to health, education, housing, food and adequate standard of living, and the issues presentations from the expert. They then proposed a special model for the chapter of fundamental rights of the constitution where economic, social and cultural rights are guaranteed as the fundamental rights of the people. Furthermore, participants proposed different constitutional bodies and economic development model for the development of the country. It is because the Himalayan kingdom is rich in its natural resources but poor in the economic status. Recalling the idea that no single state is poor but are poorly managed, participants showed their concern regarding the management of the resources of the country for the holistic development approach.

In the final day, participants presented their finalized fundamental charter, model of government, Constitutional bodies and economic development model of the country. Chief Guest, Laxman Aryal, Formal Justice, Supreme Court, Mr. Ali Saleem, Researcher, Pakistan and Asst. Prof. Hongkong Rana, KSL made comments on the final presentations accentuating that the youths commitment in restructuring the country is the core need of the present time.  Additionally, two students Ms. Antara Singh and Barun Ghimire from LL.B first year bagged award of "Nation's Future Human Rights Lawyer" in the award and valediction sessions. 

Students from KSL and Indraprastha University, New Delhi participated in the program. National and International experts in the related field were the resource persons for the programs.


Participants of the program/ Ms. Antara Singh and Mr. Barun Ghimre accepting the award

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Interaction Program with Local Political Leader

Centre for Legal Research and Resource Development (CeLRRd) organized a three day programme with district level political leaders during 27th to 29th Sep, 2005 on the topics viz. Constitutionalism, Democratic Values, and Method and Technique of Conflict Transformation. The programme focused on the contemporary ongoing conflict, it's consequences in society and finally projected solution. Realizing the role of local political leader to resolve the conflict and to create the pressure to mainline political parties, different subject matters were discussed with participants during the session.

Critical mindedness and leadership were extensively discussed upon to create very critical political leader rather than the blind follower. Considering the situation of the county, discussion was held on principle of human rights and Nepalese context. Similarly, to include different section of the society in the mainstream of governance, new model of democracy: inclusive democracy, cause of present conflict and its transformation were discussed during the programme.

The programme was organized in Charikot of Dolakha district with the local leaders representing form different political parties, non-governmental organizations and institutions. Likewise, another similar programme for the local political leaders of Ramechhap district was organized in Manthali Bazar during 1st to 3rd October, 2005. Both programme had similar modalities in the operation and the issues for discussion were also same. 

There were altogether sixty seven participants in the programmes. Among them, thirty nine participated in Charikot, Dolakha and twenty eight participated in Manthali, Ramechhap. Participants were very enthusiastic and willing regarding subjects matters. Their active participation in discussion and interaction in every session was appreciable.

At the first session of first day programme of Dolakha, Mr. Hongkong Rana, Assistant Professor of Kathmandu School of Law facilitated the discussion on the Critical and scientific mindedness. It was fruitful in buildingup wider horizon on the thinking and understanding prospects. Mr. Rana emphasized to give up conventional thinking and analyzing style and encouraged to be scientific,  logical, rational and practical while building own idea regarding any issues. The session was very interactive and informative to change the idea of the thinking and building perception regarding any social and political matter.

Similar discussion was held at the first session of the first day programme of Manthali, Ramechhap and the resource person was Assist Prof. Rabindra Bhattarai of Kathmadu School of Law.

The second session of the first day of the both programmes, Mr. Tanka Raj Aryal, Research Officer of Kathmandu School of Law, facilitated the discussion of Human Rights issues. Mr. Aryal stressed that protection of human rights is the basic need of human being. He interlinked the issue of human rights with electoral system where an individual has right to participate in the social affairs and governance. He discussed about the nature and characteristics of human rights and relationship between present conflict and violation of human rights.

Clearly tracing the relationship between human rights, electoral system and the present conflict Mr. Aryal concluded "Failure on recognizing economic and social rights as the fundamental rights of the people and violation of such rights and very technical and majoritarian electoral system are the main causes of the present conflict". Participants were convinced on the idea that guarantee of economic and social rights as fundamental rights of people as civil and political rights and adopting the propositional electoral system is the basis for the solution.

At the first session of second day programme of Dolakha, Mr. Hongkong Rana, facilitated the discussion on the inclusive democracy and democratic leadership. He added that Participation of women, ethnic groups, dalits, marginalized people, professional and think tank in politics and social affairs makes the democracy inclusive which creates the favorable situation for resolving conflict and sustainable development.

Similar discussion was held at the first session of the second day programme of Manthali, Ramechhap and the resource person was Assist Prof. Kumar Ingnam of Kathmadu School of Law.

The second session of the second day of both programmes, Mr. Sukhadev Sapkota, Research officer of Kathmandu School of Law, facilitated the discussion on method and technique of conflict transformation.  The discussion was concentrated on the some possible causes of present conflict and projected solution for its transformation. He disclosed the facts of various aspects of conflict highlighting the Nepalese context.

During discussion, an attempt was made to establish a consensus about underlying causes of present conflict though it was hard to streamline. Discussions focused on the role of individuals and professionals to resolve the political conflict. To inculcate the importance of conflict transformation into the mind of participants, a number of data, facts and figure relating to social, political and economic impact of conflict, destruction of physical infrastructures, loss of lives and property and terrifying situation were presented and discussed upon.

In the last session, participants showed their commitments to follow the idea, discuss, disseminate and shared the gained knowledge with their fellow leaders.

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Kathmandu School of Law          / Telephone : 977-01-634455/6634663, 2042268
Dadhikot, Bhaktapur                   /   Fax           : 977-01-634801
Kathmandu, Nepal                     /   E-mail       : info@ksl.edu.np        Web   :  www.ksl.edu.np