PM BHATTARAI MEETNG CHINESE PRESIDENT HU SATURDAY; OTHER DETAILS OF NEW YORK VISIT
Kathmandu, 24 Sept.: Prime Minister Baburam Bhattarai is also holding discussions with Chinese President Hu Jintao on the sidelines of the UN general assembly session in New York Saturday.
Bhattarai will addresses the session after six in the evening Saturday.
The premier will dwell, in his address, on concluding the peace process and constitution drafting and challenges for Nepal’s development, sources close to the premier’s office said.
He will appeal for international assistance as well.
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DIFFERENCES CONTINUE TO DELAY TRC LAUNCH
Kathmandu, 24 Sept.: A parliamentary sub-committee formed to resolve contentious issues of bills to form Truth and Reconciliation Commission and Commission on Disappeared today engaged in serious debate over the qualification of members for the two key commissions and their jurisdiction, Ananta Raj Luitel writes in The Himalayan Times..
Differences among lawmakers have delayed the formation of the commissions related to transitional justice as envisioned by the Interim Constitution and Comprehensive Peace Accord to deal with cases of human rights violation during the decade-long Maoist armed struggle. Immediately after assuming office, Prime Minister Baburam Bhattarai had promised to form the commissions within a month.
While Maoist lawmakers want the commissions to have the jurisdiction to pardon those involved in serious cases of human rights violations, Nepali Congress and CPN-UML lawmakers are objecting to the idea. Differences also persist regarding the qualification of members in the to-be-formed commissions.
NC and UML say no one with his/her involvement in the armed conflict should be considered qualified to be a member of the commissions. The NC, UML objection came when Maoist lawmaker Ek Raj Bhandari filed an amendment proposal seeking the removal of the provision that disqualifies someone involved in the armed conflict from becoming a member of the commission.
“This is intended at appointing Maoist members in TRC,” an NC lawmaker told The Himalayan Times. “This way TRC will be good for nothing.”
The bills disqualify non-Nepali citizens, persons involved in the armed conflict, persons involved in the criminal offence with moral turpitude, persons convicted of serious human rights violation or persons against whom action has been recommended by the National Human Rights Commission and persons with mental problems from becoming the members of the commissions.
“These provisions not only disqualify the Maoists but also bar army and security officials from becoming the members of the commissions,” said Agni Kharel, a UML lawmaker. “What is important is finding out a person whether he or she was involved in the conflict.”
Bhandari, however, said NC and UML were bent on not letting Maoists get appointment in the commissions. “NC and UML want to suppress Maoists through the commissions. The provisions that disqualify the Maoists from holding the office must be removed,” he added.
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CHIEF JUSTICE CAUTIONO ON CONSTITUTIONAL COURT
Kathmandu, 24 Sept.: Chief Justice Khil Raj Regmi today [Friday] dismissed the idea of forming a separate Constitutional Court as a parallel body to the Supreme Court, The Hmalayan Times reports.
Judicial Council members Khem Narayan Dhungana and Upendra Keshari Neupane also echoed CJ Regmi, claiming that formation of the constitutional court would weaken judiciary.
“It’s meaningless to form a parallel body as it will double the expenses and create confusion,” Regmi said, launching a book on Nepalese constitutional law penned by Dr Chandra Kanta Gyawali.
“A special bench can be set up to deal with constitutional disputes.”
In his book, Gyawali has underlined the need of forming a separate constitutional court to resolve statute disputes drawing examples from other countries.
CJ Regmi also called to ensure judicial independence in the new constitution that can “protect and promote people’s fundamental rights”.
“There is no guarantee that the constitutional court can be effective everywhere,” the CJ said.
He, however, sought for ensuring modern constitutional trends and judicial independence in the new constitution.
JC member Dhungana said the demand for a constitutional court creates confusion in judiciary. “A separate constitutional bench is enough for resolving disputes,” he claimed.
Dhungana was of the opinion that the country can adopt federalism but federalism should not pose threat to sovereignty and integrity of the nation.
JC member Neupane warned that formation of the constitutional court would trigger confrontation with the Supreme Court.
“We cannot go for the constitutional court because our education cannot meet the requirement nor can we copy CC culture from others,” he added.
On federalism, Neupane made it clear that it should not put national sovereignty and integrity at risk.
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