Thursday, May 18, 2006

A New Nepal Has Been Born




Royal powers curtailed drastically, HMG/N becomes Nepal govt, RNA turns into Nepali Army, Nepal declared a secular state NepalNews The Rastriya Prajatantra Party and Rastriya Janashakti Party, which are not the constituents of the SPA also supported the proposal ...... no members of the parliament voted against the proposal...... depriving His Majesty the King of all the privileges enjoyed by him and declared the reinstated House as “supreme.” ...... the provision of Supreme Commander-in-Chief of the Royal Nepalese Army being held by HM the King has been scrapped. The provision has deprived the King of his control over 90,000 soldiers of the country........ dissolution of the Raj Parishad Standing Committee ....... the parliament will form necessary procedure to go for the election of the constituent assembly........ the full executive power will lie to the parliament........ the monarch will not have any authority to enact the law concerning royal succession, which will be done by the parliament....... scrapped the provision that His Majesty the King’s acts could not be challenged before the parliament and the Court........ changing the name of the Royal Nepalese Army into Nepali Army, and replacing “His Majesty’s Government” with the “ Government of Nepal”....... monarch will no longer convene a session of the parliament....... the Speaker of the House of Representatives shall convene the session on the recommendation of the Prime Minister. A special session of the House can be called on the request of 25 percent of the lawmakers........ The cabinet will decide about the appointment of the army chief, mobilisation of the army will be done as per the decision of the council of ministers. However, that will have to be approved by the stipulated parliamentary committee........ made the income and assets of the King taxable........ the parliament will fix the expenditure of the Royal Palace....... has declared all the provisions of the Constitution and laws that contradict this proclamation “ as nullified"......... it is not necessary to be the member of House of Representatives to be the minister......... has declared Nepal as a secular state and added that the government will make provision for resolving the citizenship problem.
“Historic” proposal tabled at HoR
Cabinet approves HoR proclamation
This is huge. This might not hit the world headlines, but this is huge. Like humongous huge.

Dean, DFNYC, Daily Kos, Justin, Brooklyn, Nepal

Now finally the parliament can tackle the army like it tackled the king. We don't have to wait for the peace talks to fire a few bad apple generals. We know who they are. We have to restructure the top level right away.

Just like we have now gotten rid of the shadow of the king and the army from the constituent assembly elections, we have to now do the same to the Maoists. The elections have to be utterly free and fair or they will have no meaning.

The beauty of what just happened is that a parliament did it. That is the 21st century way. The people already voted for a parliament. They should not have to come out into the streets, they should not have to face batons and bullets.

Interim Constitution, Revolutionary Parliament (April 8)


Audio: Baburam Bhattarai

Nepal Lawmakers Move to Limit King's Powers Washington Post, United States To be enacted, the resolution must be voted on as a series of laws, officials said. That was expected in the next few days. ..... laws will be drafted to implement the resolution ...... Earlier, the government banned rallies around key areas in the capital ahead of the vote.
Nepal parliament approves plan to cut king's powers Reuters AlertNet
Nepal clips King Gyanendra's wings Rediff
Nepal government to curtail King's powers NDTV.com

Nepal issues prohibitory order in capital city Xinhua, China
Monarchy in Nepal to end within a year: party leader Xinhua, China Bam Dev Gautam has claimed that monarchy in Nepal will end within one year...... According to Gautam, the seven-party alliance should join hands with the anti-government guerrillas to form an eight-party alliance to finish the monarchy in Nepal.
Monarchy will End Within a Year: Bamdev Himalayan Times
UN ready to monitor truce in Nepal: Special Advisor United Nations (UN) has agreed to assist Nepal in arms management and is ready to monitor the cease-fire and to be an observer during an election to a Constituent Assembly...... UN has not offered to play the role of mediator here, but is ready to monitor the cease-fire and be an observer...... The UN will help only when the Nepali government and anti-government guerrillas agree and request UN help

Maoists Should Lead Interim Govt: Yadav Himalayan Times Matrika Yadav said today that the Maoists must be allowed to lead the interim government.... Yadav said action would be taken against those collecting donation forcefully...... "We will continue collecting donations but it won't be forceful," Yadav said. He added that the Maoists would not threaten or take any kind of action against those opting not to give donations to the Maoists. He said that the Maoists are compelled to collect donations to run the party, militia and the Maoist government....... He took moral responsibility for the past criminal activities carried out by the Maoists.
Khadka Flays Deuba's Political Myopia
Cabinet expansion on backburner
AG says House is not be-all, end-all

India must checkmate ISI influence in Nepal Sify, India
Nepal-India border issue in Indian parliament Kantipur Online
Sexual Violence in Nepal's Conflict
American Chronicle, CA
House should be allowed to fulfill responsibility Gorkhapatra
Local leaders sore over Maoist reluctance to return property Gorkhapatra

US wary of Nepal Maoists despite truce: official Reuters Washington was willing to help Nepal's security forces if the government requested it. ...... "there are multiple reports of the Maoists' continued campaign of violence, extortion (and) shakedowns."

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HoR Proclamation

1. LEGISLATIVE

1.1 All the rights regarding the legislative body of Nepal shall be exercised through the House of Representatives. The procedures for formulating laws shall be as specified by the House of Representatives.

1.2 The procedures for moving on the path of Constituent Assembly shall be as fixed by the House of Representatives.

1.3 Calling of the session of the House of Representatives and its conclusion shall be as follows:-

a. The calling of the session shall be by the prime minister and will concluded by the speaker on the recommendation of the Prime Minister.

b. The speaker shall fix the date for the session or meeting to hold within 15 days if request is made before the speaker by one fourth of the total members at the moment in the House of Representatives citing that it is appropriate to call a session or a meeting when the House of Representative is not being held or if the meeting is stalled.

1.4 The House of Representatives shall formulate and implement the House of Representatives regulations.

2. ON EXECUTIVE

2.1 All the executive rights of Nepal as a state shall rest on the Council of Ministers.

'His Majesty's Government' shall be termed 'Government of Nepal' from now onwards.

2.2 Persons who are not the members of the House of Representatives can also be nominated in the Council of Ministers.

2.3 The Council of Ministers shall be responsible towards the House of Representatives. The Council of Ministers and the ministers collectively and for the works of their ministries shall be personally responsible towards the House of Representatives.

The administration, army, police and all the executive organs shall be under the purview of the government that is responsible towards the House of Representatives.

2.4 The allocation and transaction of business of the government shall be presented at the House of Representatives after its passage from the Council Of Ministers.

3. ON ARMY

3.1 The name "Royal Nepal Army" shall be changed to "Nepalese Army".

3.2. The Existing provision regarding the National Security Council has been repealed. There shall be a National Security Council under the chairmanship of the Prime Minister in order to control, use and mobilize the Nepalese Army.

3.3. Chief of the Army Staff of the Nepalese Army shall be appointed by the Council of Ministers.

3.4. The existing arrangement of Supreme Commander of the Army has been revoked.

3.5. The decision of the Council of Ministers on mobilizing the Nepalese Army, must be tabled and endorsed within 30 days from the special committee assigned by the House of Representatives.

3.6. The formation of the Nepalese Army shall be inclusive and national in nature.

4. ON RAJ PARISHAD

The existing provision of Raj Parishad has been revoked. Necessary works being performed by the Raj Parishad shall be as per the arrangement made by the House of Representatives.

5. ON ROYAL PALACE

5.1. The right to make laws, amend and nullify regarding the succession to throne shall rest on the House of Representatives.

5.2. Expenditure and facilities for His Majesty the King shall be as per the decision of the House of Representatives.

5.3. The private property and income of His Majesty the King shall be taxed as per the law.

5.4. Acts performed by His Majesty the King are questionable in the House of Representatives or in court.

5.5. Existing Royal Palace Service shall be made part of the civil service.

5.6. The security arrangement for the Royal Palace shall be as per the arrangement made by the Council of Ministers.

6. THE EXISTING PROBLEM REGARDING CITIZENSHIP SHALL BE INSTANTLY RESOLVED.

7. THE EXISTING "NATIONAL ANTHEM" SHALL BE CHANGED BY MAKING ALTERNATIVE ARRANGEMENT.

8. NEPAL SHALL BE A SECULAR STATE.

9. MISCELLANEOUS

(a) All the state organs and bodies shall exercise their rights as having been authorised by this House of Representatives and with full faith towards it.

(b) Specified officials holding public posts shall take oath of office from the House of Representatives in specified manner. Officials who ignore receiving oath of office shall be relieved of their posts.

(c) The inconsistent legal arangements of the Constitution of the Kingdom of Nepal-1990 and other prevailing laws, with this declaration, shall be nullified to the extent of inconsistency.

(d) Any difficulty that may come while implementing this declaration shall be removed by a decision of the House of Representatives.

(e) A committee shall be there in the House Of Representatives for the purpose of implementation of sub-clause (c) and (d) above.

Wednesday, May 17, 2006

Prosecutors, Do Your Homework


The question is not if the villains of the previous regime should be brought to justice or not. The question is how to follow due process while doing it. There is a rule of law way, the universal human rights way to do it, and there is an ad hoc, Public Security Act way to do it.

We can't bungle this one.

We fought for rule of law. We fought for due process. We fought for the right to public trial. We fought for the right to legal representation. We fought for human rights.

And so it is very important to do it right. It is very important to do the homework.

Yes, people can be detained before they are tried. Yes, they can be tried. But when you detain them, you do have to make a clear case. And when you finally try them, you sure have to make a very clear case. There have to be examinations and cross examinations. Evidence and witnesses have to be presented. The whole nine yards.

There is no dearth of expertise in our camp. The Nepal Bar Association is full of people who are masters of this whole mechanics. They have all the know how. But the political leadership has to know to ask for advice and help.

Law Enforcement

Vandals roamed the streets on Tuesday. And they had a few hours of free ride. That can not be tolerated. These are monarchists who think they can also come out into the streets like we did. Sure they can march and protest. Why not? And it is for them that we are going to organize the constituent assembly elections. They have the option to win the hearts and minds of the people and save the monarchy if they can. Let them campaign.

But vandalism can not be tolerated, should not be tolerated. Such vandal acts should be termed counter-revolution, small as they might be. Every revolution in history has had an element of that.

Cabinet Expansion

It is ridiculous, the ways of the NC(D). Get over it. Let's move on.

Supreme Parliament

I can't wait. That will be a big day. Then things can move much faster after that.

In The News

OHCHR concerned over detention of five ex-ministers under PSA NepalNews
Finance Minister urges donors for budgetary support
India to discuss security issues with Nepal
Govt transfers 32 CDOs
Maoist inmates end hunger strike
Lock out lifted at NTB
Govt committed to materialise dreams of martyrs, says PM
Maoists deny their hand in Tuesday's protests, UML leader urges for restraint

Nepal asks for more foreign aid BBC News, UK
Financial White Paper Gorkhapatra
In Nepal, cabinet changes delayed by coalition infighting
International Herald Tribune, France
Nepal Cabinet expansion delayed due to internal differences Zee News
NC-D Fails To Pick Up Parliamentary Leader Himalayan Times
NC-D Fails To Pick Up Parliamentary Leader Himalayan Times
Nepal to break royal power grip
The Age, Australia
Nepal to cut king's powers United Press International
Royal powers lost under Nepal's new law Telegraph.co.uk
An awkward time in Nepal Deccan Herald
Nepal lawmakers to propose curbs on royal powers
Financial Times, UK
Nepal govt positive about releasing jailed cadres: Prachanda NewKerala.com
Maoists recruit 400 men and women in their militia: Nepal Army NewKerala.com
Maoists ask Nepal govt to form team for talks Navhind Times
Nepal government gets showcause notice
NDTV.com, India
Nepal SC issues notice to gov't for detention of ministers Islamic Republic News Agency
Show cause notice to Nepal Govt on detention of 2 ministers NewKerala.com
Two Royal govt ministers challenge legality of their arrest NewKerala.com
Nepal Maoists Still Forcing People for Donations: Army Nepal human Rights News
Nepal-India border issue in Indian parliament
Kantipur Online, Nepal
India, Nepal have different perception on boundary: Mukherjee Zee News
Gov't to remain active in maintaining peace in Nepal: PM
Xinhua, China

UN, India have meeting of minds on future UN role in Nepal Kantipur Publications
Nepal-India border issue in Indian parliament
Finance minister appeals, donors pledge support
NC-D dispute continues; fails to choose PP leader, amend statute
Proclamation will further strengthen parliament: Nepal
17 Surrendered Maoists released
PM assures action against army
Govt to unveil Rural Investment Plan
I will be most happy if people remove king: Deuba
Prachanda requests Maoist detainees to end hunger strike
घोषणा ढिलाइको आक्रोशमा प्रदर्शन
ढिलाइ नहोस्’
राजा हटाएको दिन सबैभन्दा खुसी म हुन्छु’
ँघोषणा भोलि तीन बजे’
संसदीय दल नेताबारे तीव्र विवाद
अपांग सभामुख र महिला गृहमन्त्री
ँसहिद छोराको नामले चिनिन चाहन्छु’
आयोगद्वारा युद्घविराम सम्झौताको मस्यौदा प्रस्तुत
सीमा मिच्दै भारतद्वारा सडक निर्माण
कोषले घाइतेलाई २ लाखसम्म दिने
लोकतान्त्रिक गणतन्त्र स्थापनामा बढ्न आग्रह
ढिलाइको आक्रोश
पाँचौ आयाम
राष्ट्रियगानको पृष्ठभूमि
प्रतिनिधिसभा घोषणापत्रको उद्देश्य

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