Parliamentarians Raped the Interim Constitution of Nepal

A committee of legislative parliament of Nepal named as "Committee on Natural Resources and Means-CNRM" has forwarded a complaint against Supreme Court Justice Hon. Grish Chandra Lal to the Parliamentary Hearing Special Committee-PHSC, Legislative Parliament of Nepal against its mandate and constitutional provision.

At present Hon. Justice Lal is a temporary Justice at Supreme Court of Nepal. The Judicial Council of Nepal has recommended him for the post of permanent Justice at SC on November 2, 2010, respecting and appreciating his continuous and long efficient, visionary, constructive, productive and highly professional performances. His worked has been proved mile stone and historic for rule of law and to establish good governance in the nation. He is very active, updated and rationally neutral personality.

Even though, the CNRM filed a communally biased complaint saying to PHSC not to approve the appointment of Madhesi justice Lal. The CNRM has accused Lal of issuing a faulty and ill-intentioned verdict in on several cases of Rhino poaching when he was serving as Chief Justice at the Hetauda Appellate Court. However, there are no proofs, study, or investigations included or presented or described to support the logics of CNRM. One of the most important thing is the said case is still under consideration at Supreme Court of Nepal, so constitutionally no one person or authority are allowed to comment on such " Sub Judice" case that can influence the judicial process of Nepal.

The Bar Association (national level professional organization of lawyers) in Hetuada, Judicial Council and even Supreme Court have been very clear after long and detail formal-informal investigations that there were no any ill intention verdicts issued by Hon' Justice Lal. He has done in accordance with the constitutional provision, practice, and principle and existing laws of Nepal. They are well satisfied, sources said that the decision was totally based on presented proofs, claims and others rational statement and related aspects of the case. Sources added the Justice Lal is very ethical, highly professional and more than capable to be a permanent justice of Supreme Court of Nepal. He is an exemplary judge and always remained sources of inspirations for mass population inside and outside the judiciary.

The Bar association has concluded the complaint of CNRM as constitutional violation; impunity and ill-intentioned complain that is totally baseless, illegal, sponsored and fabricated. Judicial experts consider the unfortunate action of CNRM as a constitutional rape. According to the Interim Constitution of Nepal, 2063(2007) article (60) Restriction on discussion: (1) No discussion shall be held in the House on any matter which is sub judice in any court of Nepal and on any judicial act done by a Judge in the course of performance of his or her judicial duties. But the CNRM did the acts against the constitutional provision. So experts said it is unfortunate and condemnable that constitution makers abused the constitutional provision. The CNRM has neither constitutionally nor legally any rights or mandate of such stochastic and irresponsible quetch.

Hon. Justice Lal belongs to a group of Madhesi community, which has been under exclusion, suppression, exploitation and marginalization since decades. There are several ongoing political conflicts and ongoing insurgency against the state of exclusion. Though, some of the anti-madhesi forces want to bar him to be a permanent judge at Supreme Court, besides it is almost impossible due to the excising to provision of Law. The whole madhesi community seems angry and feeling a kind of communal insult because of the false produced story against Hon. Justice Lal. All most all madhesi members of PHSC are mentally prepared to support Hon Lal without any reservation. The madhesi members of the committee will also take all necessary action if any anti-madhesi forces try to raise unconstitutional, illegal and unethical issue that bar the madhesi representative to be a part of supreme court. The leaders of Nepalese political parties including U-Maoist, Nepali Congress, UML, Madhesi Forums, Sadbhawana, Tamolopa, and others have fully assured to nullify such unconstitutional, illegal and ill-indented complain and there will not be any difficulty in PHSC committee against Hon Lal. They have also assured that such types of unfortunate action will not repeat by any parliamentarian in future too. They have expressed sadness and strongly condemned the sponsored and corrupt complain against Hon. Lal.

Source: http://www.opednews.com/articles/Parliamentarians-Raped-the-by-Krishna-Hari-Pushk-101114-683.html

Protecting the Powerless

It is a great pride for us to know that Maiti Nepal founder Ms Anuradha Koirala: Protecting the Powerless has made it to the list of top 10 CNN heroes. She has been working in rescuing and rehabilitating the trafficked girls and women. She and her organization are globally very popular for their outstanding contributions to fighting against human trafficking. CNN, the reputed US-based international news channel, has been choosing people whose selfless contributions have brought about tremendous changes in the lives of poor and helpless people across the globe as its heroes for the past four years. On November 25, CNN will announce the winner of CNN hero from among the top 10 nominees on the basis of online voting. Therefore, I humbly appeal and request all of you to vote online as quick as possible in favor of her. She is really great!

You may go through the given link:

http://edition.cnn.com/SPECIALS/cnn.heroes/archive10/anuradha.koirala.html

Once you open the page you will see in right side of her picture there is link in Red Color: Vote Now, afterward please follow the steps and go till you click VOTE with asked security code.

Alternatively, you may open:

http://heroes.cnn.com/vote.aspx

After opening the page you will see her picture in forth from left side and second from right side, once you click in her picture, you will see at last her picture as your selection, afterward please put the displayed number and click VOTE.

I would highly appreciate if you could forward the email at least ten people who are your good friends.

I hope you will certainly vote for her.

I thank you in advance.

Sincerely,

Krishna Hari Pushkar

Under Secretary, Government of Nepal

Weak State: Foreigners Disobeying the Laws of Nepal

(With special reference to Labour and Immigration Laws of Nepal)

By Krishna Hari Pushkar

In every country in the world, foreigners are required to have an employment permit from the respective government. If they do not consequences, such as immediate repatriation along with huge fines and imprisonments and even long term restriction in entry to the country can be implemented. In most of the country, the work permit is regulated by the joint mechanisms of the Labour Department and the Immigration System or something similar. Of course, the police is part of that, and a law enforcement agency can take immediate action if they find any foreigner working without obtaining the necessary labour/ employment permissions from respective authorities.

Nepal is a peculiar country in the world where massive numbers of foreigners have been working without obtaining necessary employment permit and appropriate visas. It is not limited to the private sector, but also in government-owned and popular multinational companies which have huge numbers of foreign employees against the provisions of Labour Law and the Immigration Law of Nepal. Massively, tourist visas and "not right visa" holders have found being employed by various government and nongovernmental sectors including hotels, restaurants, construction, and telecommunication, hydropower, banking areas and other systems of Nepal.

According to Labour Act, 2048 (1992) and Labour Rules, 2050 (1993), if a Nepalese citizen could not be available for any skilled technical post even after publishing an advertisement in a national-level public newspaper and journal, the manager may submit an application to the Department of Labour along with the evidence of such fact for approval to appoint a non-Nepalese citizen. If it is found, in conduction of an inquiry upon the submission of any application pursuant, that a Nepalese citizen would not be available for the skilled technical post mentioned in the application, the Department of Labour may, on the recommendation of the Labour Office, grant approval to engage a non-Nepalese citizen at work for a maximum period of up to five years not to exceed two years at a time and, in the specialized kind of skilled technical post, for a period of up to seven years. The manager who engages non-Nepalese citizens shall have to make arrangements for making the Nepalese citizens skilled and for replacing the non-Nepalese citizens gradually by them."

There is no concrete statistics on how many foreigners are working and being employed against the provisions of the Labour Law and Immigration Law of Nepal. It is estimated that more than fifty thousand foreigners are working and living illegally in Nepal without obtaining appropriate visa and permission from the Department of Labour. The Labour Law is equally applicable to all those foreigners who work in any factory, company, organization, association, firm, or group thereof, established under the prevailing laws for the purpose of operating any industry, profession or service where ten or more workers or employees are engaged ( Labour Act, 2048). But who cares?

Unfortunately the state is under transition and suffering with the dilemmas of a conflict /post conflict situation where everything is fragile. The state is not currently capable to regulate with impunity the foreigners and its employers.

There are rare histories and stories where Immigration, Police or Labour Departments' authorities have tried to regulate or monitor the issue. It should be the matter of concern for the Ministry of Foreign Affairs too, but no efforts have been found against such impunity of foreigners. Many times the media has reported that international criminals and smugglers have been using the territory of Nepal as their safe home since no productive regulation, monitoring, observation and surveillances are being used to manage the presence and activity of foreigners.

Unfortunately, in the port of entry or in diplomatic missions of Nepal, we issue visas to almost all foreigners without analyzing and assessing the applications and their backgrounds in most cases. Very often we do not verify the negative list that comes from the international or national security surveillances or intelligence system. In practice, we just issue tourist visas to all foreigners who seek to enter Nepal, no matter what their purposes are, and how long, and where and how they want to stay.

In most developed countries of the world, labour or employment permits are being obtained either by the employer or by the potential employee in advance as a precondition before applying for employment/work visa. And in some of the countries, the selected foreign employee gets a short term non-tourist visa in the port of entry or can obtain it from a respective diplomatic mission after furnishing all necessary documents. Afterward the visa gets extended after arrival once the employees or respective employers fulfill all terms and conditions and obtain employment permits and approval from the department of labour or similar authorities. In most of the countries immigration authority issues, like a renewal resident e-card, contains the information detailing the status of the particular foreigners, so they do not have to carry the passport and visa all the time.

In Nepal, there is pitiable coordinating among the respective authorities on the issue. The Labour Department, Immigration Department and other sectorial department and ministries rarely share and coordinate the information, or even use joint efforts to address the issues of disobeying and impunity of foreigners that would compel them to respect and follow the laws of Nepal.

The national security mechanism, including the Chief District Officer, Nepal Police, and National Investigation Department are also among accountable authorities to control and manage the unlawful acts and presence of foreigners, but these are not effective and never come into action against the foreigners till they commit serious crimes or are involved in aggressive public demonstrations, activities and issues of public interest that affect the public and nation on a massive level.

It is neither the employer nor the foreign employees in Nepal themselves who are serious about Immigration and the Labour Law of Nepal. Some of them don't even know about the laws. Additionally, there is also corruption, manipulation and irregularities that exist in the system that empower and gives courage to foreign employees and their employers in Nepal to ignore the spirit and provisions of the law.

Also, the law is itself faulty in a sense of clearness and procedural aspects. These laws can be easily manipulated, defined and executed in accordance with the discretion of authorities. The respective law enforcement authorities cannot execute it properly because of lack of resources, trained human resources, ICT, and scientific service delivery culture. So, the government should immediately address the problems and difficulties by arranging joint efforts for betterment, effectiveness and efficiency of these laws and the concerned authority.

Some immediate actions are essential; first, the government should instantly issue a public notice describing the provisions in terms of appropriate visa and labour/employment permissions along with times detailed. Secondly, a joint operation team can be formed containing the representation from necessary law enforcement authorities that need a massive operation in various sectors and geographical areas of Nepal especially in potential sectors and areas where foreigners are illegally and irregularly employed. Indeed, the Department of Immigration and Department of Labour should start regular and strategic inspections and monitor work to check and control illegal and irregular activities and the presence of foreigners. The employment/labour permits should be made mandatory before-hand to issue or extend visas for a particular period. By Law, both employees and employers should be made equally responsible for the labour/employment/permit and appropriate visas.

Furthermore, the Department of Immigration, Ministry of Foreign Affairs and Department of Labour must share the detailed information on the presence and job activities of foreigners who are employed or seeking to get employment in Nepal. At the end of the every year, the Department of Immigration and Labour should produce a yearly report describing in detail the employers who have recruited foreigners and also about the foreign employees themselves, their work detail and how long they are in Nepal under the definition of employment.

The horrible trend should be controlled immediately; otherwise it will be a threat on governance systems, the socio-economic situation, national security, sovereignty, and the financial system. Therefore, the government should immediately get rid of any disobeyers of the law. However, in the long-term, the Government of Nepal needs to form a team or commission of experts to review, revise, restructure and improve the overall system of Immigration and Employment Management of foreigners in Nepal.

Mr. Krishna Hari Pushkar writes about social issues, security and conflict management, often in relation to Nepal. An Under Secretary of Government in Nepal, he is well honored as a Peace, Security and Conflict Management Professional, who contributes regularly to national and international nongovernmental organizations as a peace and conflict management expert.

Source: http://newsblaze.com/story/20100801122441abha.nb/topstory.html