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‘There are serious disagreements on key Constitutional issues among the major political parties,...’ – Tripathi PDF Print E-mail
Written by Publisher   
Sunday, 05 September 2010 18:55

Dinesh Tripathi, Advocate in the Supreme Court of Nepal is widely known among the legal circles in Nepal and is also a familiar face among the legal, human rights and constitutional experts in Baltimore, DC and Northern Virginia area. He’s extensively made lectures and presentations on human rights situation in Nepal, discussed the politics, constitution, constituent assembly (CA) election and about building a new Nepal in several forums in different states in the US and Canada; invited by human rights organizations, universities like Columbia, American U, Georgetown and more, legal institutions and social organizations.

On May 2007 he accomplished his second LLM from the University of Baltimore in Maryland. He’s also seen actively participating in the programs organized by America Nepal Society (ANS), Baltimore Association of Nepalese in America (BANA) and others. While in Nepal he’s active in social and political activities since his college years and was imprisoned more than a dozen times during the Panchayat era. He has pleaded in many landmark cases in Supreme Court of Nepal; and filed many lawsuits against Kings’ action in 2005.

After staying in the US for over two years, he left for Nepal towards the end of 2007, and since then he’s been talking and making presentations on various constitutional topic to thematic committees of the CA and to various organizations and forums across Nepal and outside; is currently a legal advisor for Non –Resident Nepalese Association (Global), Consultant – CCD (UNDP), among others.

We approached Advocate Tripathi last week for his analysis on the contemporary topics of significance in Nepal, and below the excerpts -

How has the Constituent Assembly (CA) been performing since the extension?

Ans: Now Nepal's Constitution making process has become a victim of power centered politics. The Constitution making is not in priority of our political parties and leaders. The power becomes the supreme god for our politicians. The Constituent Assembly is not moving forward. It is standstill. There is serious deadlock even, over government making process. The parliament has failed to produce a government. There is no legitimate government in place. The nation is running by the caretaker government. The caretaker government should not continue for long time. It is a very much unfortunate situation for the nation. Even the budget has not been passed. The people are losing their faith in our leader and government. The state has become too fragile and weak. The state is losing its capacity to govern. There is breakdown of rule of law and governance institutions. The political consensus is the must to move the process forward. There are serious disagreements on key Constitutional issues among the major political parties. The gulf is widening and growing. There is no serious dialogue among the political parties to sort out differences and reach agreements on the key Constitutional issues. The Constitution making process requires a consensus on values and principles of the Constitution. But at this moment, there is no such consensus at the place. The major political actors are shapely divided on key Constitutional issues. The participatory Constitution making is a deliberative process but there is no such deliberation taking place in Nepal. The nation is running out of time. The long transition is the risky for nation. The nation requires a peace and Constitution. The Constitution which ensure rule of law, genuine and participatory democracy, pluralism, inclusive polity and social and economic justice.

The CA has been failing to elect new Prime Minister several times. What are the prime reasons for its failure?

Ans: Our politicians made this process mockery. This is unfortunate situation for the nation. Nepal is in an extraordinary situation. We are in a Constitution writing and peace process. The Constitution making is the nation building exercise. This process requires an extraordinary wisdom and sacrifice on the part of our political actors. It also requires an extraordinary ability to reach and build consensus. Because without consensus the process cannot move forward. The Constitution should be the manifesto of entire nation but not the manifesto of any particular political group or party. The parliament failed to produce a government because of the power hungry politicians. They failed to agree on common minimum programs and agendas. They lacked the capacity to build a consensus, which is the need of the hour. If the power is the prime concern for each and every politicians than, consensus is impossible. Our politicians put their individual interest above the party interest and party interest above the national interest. They need to learn how to act to promote the larger interest of the people and nation.

Foreign interference, particularly the overt and always offensive to Nepal’s sovereignty coming from the south, is on the rise. Do they not understand the diplomatic norms or are the government and the political parties too subservient to recognize and respond to the diplomatic breaches?

Ans: National unity is requires for protecting our national interest. We cannot protect our national interest without national unity. The national unity is the need of the hour. We also require a diplomatic maturity. As a nation, we don't know how to conduct our diplomacy yet. We need to be very cautious in this regards. Since this is very sensitive matter. If the nation is weak and divided than we have to face a serious consequences.

Nepal’s situations under ‘Kingdom’ versus ‘Republic’ have been very obvious to all, and are also being discussed on significant forums within and outside. Inter alia, the revival of unfairly removed monarchy are being talked and reported. How do you see these events?

Ans: I don't see any chance for revival of monarchy in Nepal. Now Nepal is a full fledge republic and it need to be strengthen and institutionalized. The chief principle and values of new Constitution will be the institutionalization of republican form of government. There is no going back from the process. The mandate of second mass movement was the republican form of government. There is no alternative to it. This is a permanent path for the nation. The future of Nepal lies in how to strengthen and institutionalized the republican form of government. The nation is already declared a 'republic'.

Can you explain to our readers the performance of the UNMIN and the controversy over its extension?

Ans: The role of UNMIN is very much controversial in Nepal. UNMIN failed to act effectively in many situations. It is not a success story in Nepal. It underperformed and creates a lot of controversy. In many situations it's went beyond its mandate. The peace process of Nepal facing a rough road and role of UNMIN is not very useful in this regards. The most compelling thing is that it lost the trust of major political forces in Nepal. It is facing a trust deficit. In order to function effectively it need to enjoy the trust and confidence of all the political forces and actors. It cannot work productively in the climate of mistrust and suspicion. Now there is a serious political controversy is surrounded regarding its roles and performance. It is an unfortunate situation. After all it is an UN creation. The controversy surround on the performance of UNMIN made the peace process more complicated and difficult. The institutions like this should be above the controversy and should enjoy the trust and confidence of all the stakeholders and forces.

Last Updated on Monday, 06 September 2010 10:41
 
Nepal squanders golden opportunity in ICC World cricket league PDF Print E-mail
Written by Sushil Thapa   
Thursday, 02 September 2010 16:10

 

The end result for Nepal in the recently concluded ICC World Cricket League Division 4 championship in Italy was a huge disappointment. Evidently it was a missed opportunity for the national team to elevate themselves to a whole new level of competition.

The third place secured by the team is merely a consolation. The final outcome did little to comfort me. Not surprisingly, I reacted with utter discontent and frustration for the simple fact, our cricketers wasted yet another glorious chance to resurrect themselves.

The debacle is inexcusable because, by and large, it was a mediocre performance. In all fairness, the bowlers delivered the goods but the batsmen proved spoilers at the end of the day.

The kind of confidence and exuberance the team displayed prior to the championship made me truly believe that they stood a very good chance to strike it rich this time. Going by the opponents’ strength in the competition, the two spots at stake (to qualify) for division third looked well within their reach.

Instead they bungled at critical juncture to finish well short of the goal. The matter of fact is that their defeat at the hands of Tanzania in the initial stage ultimately was the turning point, though; they avenged the loss to clinch the third position.

Apart from the United States, Nepal enjoyed a definite edge over the rest in terms of experiences and accomplishments. That said, success was by no means a foregone conclusion, and had to be earned by playing sensible and cohesive cricket, which unfortunately, they did not.

Our boys got off to a winning start with convincing wins over Italy and Argentina. However, the celebration was cut short, following their shock loss to Tanzania. Much to our anguish, it was all over after the US them shot them down in a crucial must win situation.

Nepal did rebound with wins over Tanzania and Cayman Islands to wrap up the championship but to no avail. Cricket buffs in the country have shared a common bone of contention, that is, they stood third and saved themselves from relegation.

The fact is that the national team has been playing in World Cup division 4 league for a significant period of time sans much success. By now, they should have been if not in division 1 or division 2, but 3 certainly.

The notion that the national team was and is weak without talented players is incorrect. There never has been a dearth of skilled players in the country. The increasing popularity of the game has lured a whole new generation of budding cricketers, which is a silver lining.

International results consistently point to the fact that players’ inabilities to put their act together and rise to the occasion when required have largely contributed to their downfall.

The latest setback is nothing more than a continuation of the national team’s losing streak. Going into the Italy tourney , Nepal was one of the heavy favorites, and they certainly did look so in the opening matches but dug their own graves in two crucial encounters.

Had the team gone down fighting to superior opponents, frustration and ire vented by critics and fans over debacle would have been minimal.

The bowlers performed superbly throughout the tournament to put the team in the driver’s seat. We witnessed explosive bowling from Rahul Biswokarma, Basant Regmi , Sharad Vesawkar, Amrit Bhattari and Shakti Gauchan.

As it turned out, batting department was the team’s Achilles heel. Barring a few none of the established batters were in good touch. They neither applied themselves fully nor displayed the temperament to score runs.

The majority of them literally threw away their wickets despite chasing paltry target mostly. By and large, it was a comedy of errors, coupled with mental vulnerability on their part.

Or call it reckless or irresponsible or laid-back batting, the team paid a heavy price. This is one front the coaching staff and players must address immediately for better results.

Of course, state of the sport does impact players nurturing but not necessary stop them from performing to their potential. Afghanistan‘s success story stands out in the context. The progress they have made in a short span of time is amazing and unbelievable.

Defying and withstanding difficult circumstances, Afghanistan has explicitly demonstrated, where there is will there is a way. They have been richly rewarded for their dedication and endeavor, and today, they are competing against the game’s best.

Come on boys it is time you deliver the goods. You can make it happen.

 

Last Updated on Thursday, 02 September 2010 16:19
 
Government’s apathy - destroying Nepali sports PDF Print E-mail
Written by Sushil Thapa   
Thursday, 12 August 2010 18:47

Nepali sport continues to walk a tightrope. Everybody agrees that the state of sport is chaotic, largely because of apathy on part of the government. The matter of fact is that each passing day the mess keeps getting bigger and bigger, much to the agony of sport enthusiasts.

The level of uncertainty and insecurity amongst athletes and sport lovers is shockingly at an all time high. There is virtually a break down in the system and the government is yet to show its resolve to turn things around.

The ongoing political instability in the country has dramatically multiplied sport fraternity’s frustration and aggravation in the last ten years. Every political party in power has shunned sport and sports development has not been a top priority in the national budget.

On the whole, their approach has been nothing but lackadaisical and apathetic. After the nation was declared a republic, every sport buff sensed that sport sector would immensely benefit development wise.

Evidently, we were very wrong in our judgment. Never in my wildest imagination I thought that the government would isolate and pay no heed to sport sector as it has . This has resulted in further destruction of the sector that is so important to the society.

The Sport Ministry was set up amidst much fanfare, giving way to optimism all around. Regrettably, it has failed to play a pivotal role in order to rescue and revive the sector that is languishing.

The Ministry is passive and political as it can get and has no control over the warring National Sport Council (NSC) and Nepal Olympic Committee (NOC). Instead insanely driven by their petty interests, they continue to openly engage in political maneuvering and have shown no interest whatsoever to resolve the matter that is rapidly eroding the fabric of sport.

For a good number of years NSC and NOC have been converted into political citadels. We have witnessed political appointees and their sycophants brazenly make a mockery of sport institutions by shamelessly exercising their bureaucratic will.

Such has been the political meddling that sport sector today is in a dire strait with the future looking increasingly bleak and unpredictable. The two dozen plus national associations, more or less, speak the same story, and are barely functional.

The chain of events that have unfolded in front of our eyes in recent time confirms the fact that the state of affairs is far from encouraging. The zero accountability of officials at the helm of power is shocking and mind-boggling.

There is no quick fix to the present crisis Nepali sport is in. We need a government that understands the importance of prioritizing sport, and is willing to hand over the management to honest, able and professional people who are true visionary.

The latest confrontation between NSC and NOC over the appointment of chef de mission for the Youth Olympic Games in Singapore underscores the saga of Nepali sport.

Trapped in the cross- fire are athletes who have no choice but to put up a brave front. Withstanding and enduring demoralizing circumstances they are courageously marching on. It is time our politicians get the realization and urge the government to give sport a central place in national planning.

 
Global justice and Traffic in Human Organs PDF Print E-mail
Written by Sirjana Sharma, TX   
Sunday, 08 August 2010 19:39

Human Trafficking also occurs for the purpose of removing organs from victims. Victims of trafficking for the purpose of organ removal are often engaged from vulnerable groups (for instance, those who live in extreme poverty) and traffickers are often part of transnational organized crime groups. Organized crime group forced people under false promised to sell their organs. The benefit brokers, surgeons, medical directors, hospital and medical staff, technicians in blood and tissue laboratories, Dual surgical teams working in tandem, Nephrologists, are involved in the organized criminal network. This is the third way- besides the exploitation of a person for sexual purposes or for labor- in which people may be exploited for commercial gain. Trafficking in human organs has arisen in response to the shortage of organs for use in transplantations. The danger of human trafficking of the purpose of removing organs is especially acute in those countries in which organ transplantation is not regulated by law.

In the context of trafficking for the purpose of organ removal, there are various ways that organs can be procured, including the following modus operandi;

· Kidnap, killing and sale of people, especially children, for organs.

· Removal of kidneys through deception or coercion.

· Victim is recruited and taken abroad for an unspecified job that then fails to materialize.

· Victims may agree to sell their organ and enter into a formal or informal contract to do so, but they are not paid at all or in full.

Organs are removed from bodies of people who have been declared brain-dead prematurely. In some countries medical professionals are reluctant to get involved in such cases because of the involvement of organized crime.

Trafficking of persons for organ removal is a criminal act under the Trafficking in Persons Protocol. The Protocol addressed to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. In the third world country there is a situation where a person is trafficked for the purpose if the removal of their organs and/or body parts for purposed of witchcraft and traditional medicine. There is a situation, where market forces drive supply and demand; those in desperate need of an organ transplant will purchase an organ from those who are desperately poor, or from ‘brokers’ who forcibly or deceptively obtained the organ. In the some parts of Africa, the removal of body parts including skulls, hearts, eyes and genitals which are sold and used by deviant practitioners to increase wealth, influence, health or fertility. In the United States for instance, kidney donations between 1990 and 2003 increased by only 33% while the number of patients waiting for kidneys grew 236%. Kidneys are generally supplied by live ‘donors’ in underdeveloped countries to developed ones. For the last twenty years organized programs, transplant tourism have carried affluent patients from Israel, Saudi Arabia, Oman and Kuwait initially to India for transplant and later to Turkey, Iran and Iraq and, most recently Russia, Romania and Moldova where kidney sellers are recruit, from army barracks, prisons, unemployment offices, flea markets, shopping malls and bars. In India, trading a kidney for a dowry has become a common strategy for parents to arrange marriage for an otherwise economically disadvantaged daughter.

As a final point, I would say the trafficking in human organ is very susceptible situation. Through collective efforts, we require to do advocacy work, campaigning on national and international level, social support and assistance programs. As well as public relations, documentation and information services, training and educations programs. International networking aimed at long term strategies. Over the past few years, social movements have been successful in breaking the silence about many social ills.

 
Nepal's 'Devil' Letterman PDF Print E-mail
Written by Anurag Sharma   
Sunday, 18 July 2010 18:11

‘Can I get a cup of tea?’ He curtly asked a woman who was busy sweeping the cemented patio few feet away. She looked at him for a moment, nodded and disappeared inside the house. He lustfully watched her walk her way to the nicely carved French door, his eyes fixed at her pelvis as she paced promptly. He then sank cross legged deep into the wooden settee and looked directly at me, his stare making me uncomfortable. He donned a black suit and wore a white shirt underneath which was soiled around the collar - a sign of an immediate laundry need. He seemed to have worn it for few days, seemingly undeterred by the level of pollution streets of Kathmandu has to offer to off-white fabrics.


He had a fair complexion, a long nose and a thick black mane that occasionally covered his forehead. He spoke fast, with authority and with obvious arrogance. He was no other than Rishi Dhamala, Nepal’s supposed ace journalist as I would later know, and I had just committed a mistake by asking for his identity.


‘I am Rishi Dhamala’ he had sneered while replying. His brows met as he had frowned and remained so for the next minute. I coughed and repositioned myself uneasily in an uneven wooden chair I had been seating for a while. His scorn had added more confusion – Who was he? And was I supposed to know him?


The venue was Mandikatar, Nepal’s Premier’s daughter Sujata Koirala’s fancy bungalow which was still under construction. It was a cold December morning when I had planned to visit Sujata’didi’ before I left for United States. Political resentments aside, she was actually my father's cousin and had helped me few times to get past the hurdles of Nepalese bureaucracy. Although I had always questioned her leadership ability, visiting her once before flying overseas did not seem like a bad idea.


That was until I met Mr. Dhamala.


It was clear that the guy had put me in utter discomfort, but I was more troubled with the fact that he completely disregarded my entity and perhaps considered me yet another bum on his way to implore Sujata Koirala for a favor. There were only two of us sitting in the patio, and he did not seem to enjoy my presence, something which was very disrespectful from a good samaritan’s standpoint.


Born in a modest middle-class society, and under the tutelage of my mother, I was raised with steadfast humility where disrespect, profanity and disdain were considered sacrilege. Paradoxically, here I was, sitting across a person who had every element I was expected not to have, and was rebuffing my existence. That was my first encounter with Mr. Rishi Dhamala and since then I have struggled to acknowledge him as one of the primary journalists in Nepal.


Few years later Mr. Dhamala once again emerged before me, this time in photographs, videos and websites. He had extended his reach to multiple political parties both in Nepal and abroad and appeared to have made friends with every single head honchos of Nepalese politics. I also came across his interviews and speeches in the days to come. His mannerisms, choice of words and evident uncouthness added more to my already retreating credibility as a journalist in Rishi.


Journalism, for me, is an art of propagating credible information in the best possible methodology that contributes towards mass awareness. Surprisingly enough, I couldn’t align the journalistic acumen of Mr. Dhamala at a slightest bit with that definition.


He was jailed for a while. There were stories about his alleged involvement in collaborating with Terai militia. But as if it were the only credit remaining to yet bolster his stance as a journalist, it did him more good than damage. Even Girija Koirala, the ‘supposed’ supreme leader of Nepali Congress came to his rescue. Eventually he was released, flanked by media and smothered by piles of marigold garlands. He waved at the crowed as if he were the victor and flashed his fangs that reflected prominently off that crimson smudged face.


Dhamala was back in limelight; omnipresent in every focal length, guffawing with politicians and mentoring aspirant leaders. His influence was so strong, even Harvard Laureate Chief Editor of Kantipur defended him in an internet based discussion forum. That is when I questioned myself – is hunger of power so strong that it mechanically fetches academic degrees, communication skills, noteworthy influences and unfaltering allegiance to an individual? Rishi just made me look puny; he just made me feel feeble.


I am not jealous and I am certainly not insecure by the attention he garners, but my heart bleeds when I see him coddled not only by the lawmakers in Nepal, but also future politicians in Queens, New York, some NRN version of Hillary Clinton hopefuls who religiously believe Dhamala, although not a celebrity talk show host, is their Dave Letterman.


Academically I am what Dhamala could never become, and politically Dhamala is someone I never want to be. But I have to admit, he is more famous than I could ever imagine myself to be. Fame is success, power is money. He has it all, he is indeed a victor.

Nepal, my dear motherland, as much as I love you, I am just so happy that I would, very soon get rid of that evil green passport you have pinned on me.

Last Updated on Monday, 19 July 2010 15:55
 
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