HIMALAYAN GUARDIAN AUGUST 3, 2011
MAOISTS FORCE
KHANAL CABINET EXPANSION
Kathmandu, Aug 3: Nepal 's Prime Minister Jhalanath Khanal has once again proved his skills to stay in power. On Monday he inducted nine Maoist lawmakers and one from the Terai’s Madhesi Janadhikar Forum to the 34-maember cabinet, days after the former rebels threatened to withdraw support from the government and trigger its collapse.
Khanal had earlier rejected Maoist demands to appoint its lawmakers as cabinet ministers.
But Khanal gave in on Monday after the Maoists reduced the number of cabinet seats they were demanding to nine from 19.
The Maoist chief Prachanda proved his control over the Khanal Government by forcing a cabinet reshuffle despite stiff resistance from the premier's own party as well as the biggest opposition party.
"The prime minister administered the oath of office to nine lawmakers from Maoist party and one from Madhesi Janadhikar Forum (party)," the prime minister's press adviser Surya Thapa said.
The withdrawal of Maoist backing would have meant the collapse of the five-month-old Khanal Government.
Khanal was chosen as premier by lawmakers in February after winning the support of the Maoists following a damaging seven-month-long leadership vacuum in the poverty-stricken nation.
The new Maoist ministers include one of the three deputy chiefs of the party, Narayan Kaji Shrestha, who got the coveted home ministry, Hisila Yami (land reforms), the wife of another deputy, Dr Baburam Bhattarai, and Jayapuri Gharti Magar (women, children and social welfare), who is from the faction loyal to the third deputy, Mohan Baidya, and had refused to take oath of office for the same portfolio two months ago.
Involve Kashmiris in Indo-Pak talks on J&K: JKLF
Islamabad, Aug 2: While welcoming the on-going dialogue between India and Pakistan on J&K the need to involve the Kashmiris themselves and their genuine representatives for success of the talks featured high during a conclave here on Sunday hosted by the Jammu and Kashmir Liberation Front (JKLF).
Terming Kashmiris as the principle party to the dispute speakers at the conclave said association of Kashmiris’ genuine representatives was imperative to bring about a lasting solution of Kashmir imbroglio.
“Both the countries should engage seriously and settle the long-pending issue in order to mitigate sufferings of the bleeding nation”, the speakers maintained.
Demanding Kashmiris’ inclusion in the talks process, JKLF chief Muhammad Yasin
Malik said that it was the basic right of the people of Kashmir to be part of the decision making process. “The two countries are talking about Kashmir issue that consumed four generations of Kashmiris and they are discussing about the future of a nation having five thousand year old history, isn’t it our right to be part of that discourse?” he asked.
Chaired by Malik, the Kashmir Conference titled “Present political situation and Kashmiris’ role” was attended by journalists, scholars, intellectuals as well as the Kashmiri political and religious leadership.
The participants of the conference after having an intense brainstorming session resolved that all out efforts would be made to strengthen the ongoing peaceful, non-violent, democratic movement in Kashmir .(also see page 2 and edit on page 4)
SDF rebels may join Golay camp
“Chamling undemocratic, autocratic and corrupt”
Gangtok, Aug 2: Four senior and influential members of the ruling Sikkim Democratic Front (SDF) last week resigned from the party alleging that the ruling government was involved in rampant corruption, undemocratic practices and dictatorial tendencies.
Kiran Chettri, Sonam Bhutia, Neema Theeng and Sonam Sherpa submitted their resignation letter to Chief Minister and SDF President Pawan Chamling on Friday.
While Chettri is a former SDF publicity secretary, Bhutia and Theeng are members of the party’s Central Executive Committee (CEC).
In their 2-page resignation letter the four have alleged that largescale corruption and autocratic style of functioning of the party chief were responsible for them quitting the party.
“Presently, no ones voice is heard apart from yours (Chamling) in the party,” the resignation letter said while adding, “Those who give good suggestions are labeled as anti-party.”
The four have also criticized Chamling for indiscriminately allowing corporate houses to exploit the State’s natural resources, including hydro power potentials, without looking into the adverse affects of such projects on ecology, environment, culture, religion and displacement of local people from their ancestral land.
While Bhutia, former general secretary of the Sikkim Pradesh Congress Committee (SPCC) and former police officer, is an influential member of the minority Bhutia-Lepcha tribals, Theeng, a former chairman, comes from the Tamang community, which is one of the scheduled tribe communities in the State that is likely to play a decisive role in the outcome of the next Assembly polls in the State scheduled for 2014.
Theeng, who was recently removed as advisor of State Trading Corporation of Sikkim (STCS), is believed to be in touch with former minister and dissident ruling party MLA, PS Tamang, locally referred to as “Golay”, seen by many as the chief-minister-in-waiting.
Chettri has been an active politician since the time he was in the Naya Sikkim Party in the early 1980s. Chettri, who was also the former President of the now-defunct Sikkim Krantikari Morch (SKM), reportedly said the four are likely to join Tamang soon.
Karmapa wants India to play greater role in China-Tibet talks
"It is not inappropriate for India to raise its voice and be a very active participant in
this discussion," said the 17th Karmapa, one of the most revered figures in Tibetan Buddhism, reported PTI.
"Right now we find the environment of Tibet in a perilous condition," he said.
He charged that the Chinese government had continued its "repressive acts in an uninterrupted fashion since 2008."
The Karmapa said that Tibetans were "not political people", but were fighting for basic human rights like freedom of speech and religion.
The Karmapa, who is on his second visit to the US after 2008, also warned against the construction of dam that China is building on the middle reaches of the Brahmaputra.
He said the dam was "not a small deal" and it would impact India and its neighbouring countries.
It was "important" for the Indian government to speak on the matter, said the Karmapa, who also accompanied the Tibetan spiritual leader the Dalai Lama on his trip to Washington DC last week to attend the 'Kalachakra' ceremonies.
"One of the things that the Chinese do not understand is that the Tibetans are seeking basic human rights - freedom of speech and freedom to practice our religion. The Chinese frame it as a political issue, but the Tibetans are not a political people," the Karmapa said, according to The Huffington Post.
His Holiness the Karmapa is quick to point out: "I am not anti-Chinese. I am a spiritual teacher and am working for the welfare of all sentient beings. I am not anti anything, including China . But I will advocate for the truth and I want the truth to be known," the Post reported.
Amidst hectic lobbying by his followers in the corridors of power, the Centre last month allowed the Karmapa to travel to United States to attend the Kalachakra puja performed by the Dalai Lama.
Pashupatinath temple trust wins Supreme Court case
Kathmandu, Aug 2: The Maoist Government’s decision to dissolve Nepal ’s trust of the Pashupatinath temple has been quashed.
The Supreme Court last week allowed office-bearers of the Pashupati Area Development Trust (PADT) to resume their duty.
Judge Prakash Osti on Sunday dismissed communist Culture Minister Khagendra Prasain’s bid to sack all seven officials of the Trust amidst allegations of corruption.
Prasain, also the chairman of the Trust that runs the affairs of the shrine, through a letter to member secretary of the Trust had notified that the temple's executive committee has been dissolved on charges of misuse of the fund.
The office-bearers of the Trust resumed their duties after the apex court reversed the decision made by Minister for Culture to sack them, said Sushil K Nahata, member secretary of PADT.
"The court has dismissed the corruption charges leveled against us by the minister," a member of the Trust said. "The minister has no authority to sack the office-bearers of the trust, who are appointed for the term of four years," he pointed out.
Pashupatinath temple is believed to be the biggest Hindu temple of Lord Shiva in the world located on the banks of the Bagmati river in the eastern part of Kathmandu . The temple is listed in UNESCO World Heritage Sites list.
Meet mainstream politicians, Omar tells Pak
"If they want inclusion of Kashmiri leadership in the dialogue, then Pakistan will have to talk to the mainstream leadership also," Omar told reporters on the sidelines of a function, CNN-IBN reported.
He said separatists were not the only leaders in Jammu and Kashmir as the mainstream political parties have proved their representative character from time to time.
Omar said there was nothing to worry about the meeting between visiting Pakistan Foreign Minister Hina Rabbani Khar and separatist leaders in New Delhi on Tuesday.
"There is nothing new in Hurriyat Conference leaders meeting Pakistani dignitaries. This is not happening for the first time and there is nothing to worry about," he said.
"It is a welcome step that the cross-Line of Control bus services in Jammu and Kashmir will be now open for pilgrims and tourists from the state," he said.
While welcoming the increase in number of trading days on cross-LoC routes, Omar said more needs to be done for making the trade sustainable.
Meanwhile, former home secretary G K Pillai on Thursday said Pakistani foreign minister should have met Jammu and Kashmir CM instead of Hurriyat leaders as he was the actual representative of the people.
"Pakistani leaders usually meet Hurriyat leaders. It is no big deal, but it would have been useful had she met Omar rather than the separatists who represent a section of the society," Pillai said.
J&K interlocutor in Fai controversy
In fact, the Home Ministry reportedly is not too pleased with the remarks of MM Ansari, one of the interlocutors, who is believed to have opposed Padgaonkar’s presence at Fai’s meeting.
Terming his fellow member's decision to be a guest of Fai's Kashmir American Council (KAC) as "very strange and unfortunate", Ansari had even questioned whether the government was aware of Padgaonkar (a senior journalist) attending the seminar before it appointed him (as one of the interlocutors), the Times of India reported.
Giving 'clean chit' to Padgaonkar, a senior official of the Home Ministry, however, said the ministry had minutely examined the content of the recorded speech delivered by him at the seminar, and found nothing that could even remotely point at something that can be interpreted as 'anti-India'. "Padgaonkar spoke there as a journalist, and there is nothing wrong in it," he said,
Padgaonkar said that he did attend the seminar in 2005, but he did not have the faintest of idea about Fai's affiliations with the ISI. "Had I known who Fai 'actually' is, I would not have attended the seminar," he had said.
The episode came to light when the FBI arrested Fai in Virginia on July 19. Fai was held on charges of lobbying for Pakistan among US legislators at the ISI's behest.
The KAC had been regularly organizing seminars/conferences on Kashmir in the US , which were attended by a number of Indian journalists and civil rights activists over the years.
The Centre had on October 13, 2010, appointed the group of three interlocutors, entrusting them "with the responsibility of undertaking a sustained dialogue with the people of J&K to understand their problems and chart a course for the future".
Mired in internal strife and controversies, the scheduled visit of the interlocutors to J&K on July 29 was abruptly postponed. (also see edit on page 4)
China-India apple growers compete in Indian market
Shimla, Aug 2: More than a month after senior Congress leader Vidya Stokes raised her concerns about apples from the State receiving a severe beating in Indian markets, following bulk imports from foreign countries, especially China , Horticulture Minister Narinder Bragta admitted that China has dumped its apples at some ports, including Kolkata and Mumbai.
Its arrival at the time when the home produce has just hit the market has created an intense competition, which the domestic produce may not be able to withstand, he added.
Bragta went on to blame the Centre for not taking steps to protect the interests of Himachal Pradesh farmers, despite the fact that he had raised the issue with Union Minister of Commerce and Industry Anand Sharma in September 2009. Later, Chief Minister Prem Kumar Dhumal had also written to Sharma and informed Union Agriculture Minister Sharad Pawar about the matter.
“During NDA regime, Prime Minister Atal Bihari Vajpayee had raised import duty up to 50 per cent to give relief to the apple growers of the country. There is a need for raising the import duty under WTO up to 75 per cent,” said Bragta.
He plans to meet Anand Sharma as well as Union Minister for Micro, Small and Medium Enterprises Virbhadra Singh — both hailing from Himachal Pradesh — to seek their support in making the Centre agree to the state’s demand for a higher import duty on apples shipped to the Indian markets.
The minister wondered how state Congress leaders are targeting the state government, instead of putting pressures on the UPA government to save the apple growers.
Meanwhile, Himachal Pradesh horticulture director Gurdev Singh said that apple production, which had crossed about 4.50 crore boxes last year, is likely to be remain at 2.50 crore this year. He said that total loss of fruit crops has been estimated to be around Rs 347 crore. He disclosed said that apple production is likely to come down to 9 lakh metric tonne per hectare this year from 11 lakh MT tonne of last year.
Singh attributed decrease in apple production to inclement weather.
Uttarakhand HC stays arrest of Ramdev aide
Nainital, Aug 2: The Uttarakhand High Court on Friday granted a stay on the arrest of Yoga guru Ramdev's close aide Acharya Balkrishna, who has been charged by the CBI for procuring fake educational degrees and using them for getting a passport.
Hearing a petition, a single-member bench of the High Court headed by Justice Tarun Agrawal also asked the CBI to file a reply on the petition before it in three weeks time, said Rajendra Dobhal, counsel of Balkrishna.
The court also asked Balkrishna to cooperate with CBI in investigations against him and also to appear before the investigating agency on Aug 4.
The petition for stay on arrest of Balkrishna was earlier put before Justice P C Pant yesterday. However, he recused himself from hearing the petition and referred it to Chief Justice Barin Ghosh.
Balkrishna, who is charged with procuring fake educational degrees and using them for getting a passport, was summoned by the CBI to appear in its office here yesterday for interrogation. There were also reports that he might by arrested by the investigating agency.
EDITORIAL
STATEHOOD FOR KASHMIR
UT Status For Jammu & Ladakh
Why is the State called “Jammu & Kashmir”? Why shouldn’t it be called “Jammu , Kashmir & Ladakh”? Why should Ladakh’s name be excluded from J & K State ? Why not a separate State called “Kashmir ”?. Before a permanent “political solution” is reached in J&K the State could be divided into three units: Union Territory status for Jammu and Ladakh and a separate state for Kashmir Valley with greater autonomy. This may not be a permanent solution but could lead to some sort of a start to solve the J&K issue. For a while forget the “plurality and diversity” of J&K. If States within the Union cannot live together for a long time in peace and unity as is the case with J&K don’t force it on them.
Rather focus on “plurality and diversity” of the nation. What is wrong if more states are carved out of the sub-continent and yet India maintains its “unity in diversity?” The main problem in J&K is not Jammu or Ladakh but the Kashmir Valley . Separatist leaders are saying that Kashmir, not Ladakh nor Jammu , was "illegally occupied". Buddhists in Ladakh have been demanding UT status for a long time. If UT status is not possible Ladakh may be combined with Kullu & Manali and made a separate State. Geographically and culturally the people from these areas share much in common. Jammu could also become part of Himachal Pradesh. Instead of getting stuck in the mud there is no harm in trying new ways to solve people’s problems in a democracy.
The central interloculors for J&K are likely to say that the solution “must come from the people”. Both the Centre and the National Conference Government seem to be keen on providing greater degree of autonomy to J&K. Certain areas of J&K are either under Pakistan or China . Its in India only on the map. The road-map for the troubled-torn State must begin taking into account the ground realities. And the ground reality is that we are just talking; not moving ahead.
“GTA another version of DGHC”
The new deal is not a sellout, but a temporary relief
The Gorkhaland Territorial Administration (GTA) is another version of DGHC provided by the State to prolong existence of Darjeeling District within West Bengal till the period the people of the District demand a State of its own under the provisions of the V Schedule in which the District is framed for safeguard and protection within the Constitution of India. This aspect has not been implied at all in the GTA setup which happens to be a provision within the state laws and therefore require to be ratified by the West Bengal Assembly.
For some unseen reasons the Morcha seem to be afflicted inducing it to climb down on the statehood demand, which according to a Press statement, by West Bengal Chief Secretary Samar Ghosh, ‘the issue of statehood never featured during the talks. The matter was not ever raised”. Hence the GTA setup without the legal constitutional guarantee of safeguard which has been provided for Darjeeling District since the very inception of its creation in 1866.
In simple language when this constitutional aspect is translated to common understanding Darjeeling District, within the context of the V Schedule requires to be integrated within the Union of India. As a constitutional perception Darjeeling District is still recognized as an extension of Sikkim and Bhutan, which however, is now neutralized by the former passing a Resolution in the State Assembly withdrawing its right to claim Darjeeling (1835), Kurseong (1835) and Siliguri Terai (1850), South of Rummam river and east of great Rungeet river to Singaleelah range (1861) by transferring this right to the people of Darjeeling District to form a state of its own.
In a similar stance the new Indo-Bhutan Treaty 2007 the document totally omits mentioning the annual gratuity of Rs. 5 lakhs payment to them indicating Bhutan too has withdrawn its right of claim to the ceded territories in 1865 (Kalimpong subdivision and the 18 Dooars). Incidentally, the 18 Dooars composed of 11 Bengal Dooars and 7 Assam Dooars. The latter under the aegis of Bodoland Territorial Council (BTC) is now integrated within the Sixth Schedule aspects of Assam as a matter of constitutional implication. It would be interesting to know whether the Dooars Terai will be delivered within West Bengal under the VI Schedule in replication to its other counterpart BTC in Assam .
The GTA as a perspection carries no constitutional legality which Darjeeling District qualifies within the provisions of the V Schedule which mandates the composition of a statutory body Tribes Advisory Council (TAC) consisting of not more than 20 members (15 elected and 5 nominated). This body was first established during 1952-56 under explicit instruction of the President of India as well as the Governor of the State citing Rule 4 of the V Schedule.
This body legally provided specifically on account of Darjeeling District as a Partially Excluded Area, instead was applied by the State somewhat scrupulously to include the entire scheduled tribes of West Bengal . This is perceived to be an infringement of constitution misapplication wherein the rights of the hill people of Darjeeling District was compromised and considered marginalization of the V Schedule safeguard rights. This is of pertinent incident as both the V and VI Schedule areas are provided with financial guarantee by the Centre under Article 275 (1) which is specifically targeted to finance development programs for the ST.
How the State is managing this constitutional provision without the TAC is a question which requires to be answered at some point. In actuality what seems to have been engineered by the State is the creation of DGHC in 1988 to cloak the statutory TAC being seen and receive the Central annual grant under Article 271(1) and use it instead for development plans, without Central sanction. It seems in the same light, the GTA has been created to mimic DGHC and give the State enough time to glut over the revenue resources of the District and once again to waylay the constitutional program of Darjeeling District (without any territorial detachment) into becoming a State. This has been the political stance of the state vis a vis the people of Darjeeling District since past decades.
The present political unit spearheading the statehood demand is a cautious lot and seemed fully aware of its legal posture in demanding a State. This is clearly indicated by the fact the GTA agreement is not signed by the democratically elected representatives of the people but the office bearer of a political party. This confirms that the GTA is not a sellout deal but a temporary relief before the next thrush begins, finally to arrive at a State – which still maybe considered as Gorkhaland, temporarily. It is expected when Telangana duly receives statehood surely the people of Darjeeling will not remain behind. Or will they? Subhas Ghissing burnt his finger doing so is a lesson for the future generation. (KTPaynee)
“Government cannot arrest 120 crore Anna Hazares”
Raise your voice against corruption on August 16
ANNA HAZARE
A decisive battle against corruption has begun. We are not against any political party. We want systemic reforms. We want a corruption-free India . After all, what are the people asking for – a strong anti-corruption law which provides for honest and time-bound investigations and trials that result in jail for the guilty, confiscation of embezzled money and their dismissal from service? Are we asking too much? For two months, we were talking to the government. Government seems unwilling to take even small steps against corruption. Government appears insincere.
We have met all prominent political leaders. We have tried everything. What do we do now? When I announced my indefinite fast from 16 August, the government threatened that they would crush us the way they crushed Baba Ramdev's peaceful agitation.
Friends, this is a historic opportunity. We can't afford to lose it. We are determined to fight to the end. If they arrest us, we will peacefully offer ourselves. If they use batons and bullets, we will happily lay down our lives but will not leave the place. We will not retaliate. It will be a completely non-violent movement.
“If you fast on 16 August, you will be crushed” – this is what they are saying. “We will impose section 144 on Jantar Mantar” – this is what they are thinking. But I say that if every citizen in this country takes off from his work from 16 August, comes on the streets in front of his house, at the crossing, with a tricolor in his hands shouting “Bharat Mata ki Jai” and raising slogans against corruption, they will fall short of batons and bullets. The government may arrest one Anna Hazare but how will they arrest 120 crore Anna Hazares? They may impose section 144 at one Jantar Mantar but will they impose section 144 on the whole country? And let me tell you – the police and army is with us. At traffic signals, policemen stop us, express their support and wish us well; at Raj Ghat, the policemen donated generously for the movement!
So, will you take off from your work from 16 August? Will you descend on the streets with me?
This year, the country will wait for 16 rather than 15 August.
Ethnic groups in Assam against mega dams, influx
Guwahati, Aug 2: At least 25 tribal and students organisations led by All Assam Students’ Union (AASU) have warned the Congress Government in Assam to face any eventualities if it goes ahead with its mega dam hydro projects in the State.
The protestors held a massive rally here on Saturday in protest against the construction of Lower Subansiri Hydroelectric Project (LSHP).
“Our opposition is only to big dams. We don’t want dams that will ravage a civilization,” AASU general secretary Tapan Kumar Gogoi said.
The LSHP is a central government project which aims to generate 2010 MW of power. It was approved allegedly without any proper study of the geotectonic and seismic conditions.
The study conducted by the expert committee constituting Gauhati University , Dibrugarh University and IIT Guwahati, had highlighted the seismic vulnerability of the dam along with many other design related faults.
"AASU has been asking the state government to halt the ongoing construction for a long time but it's sad that the state government has paid no attention to our demands. We are not against power generation, we are only against the construction of the mega dam. Even the expert committee constituted by state government has scrapped the idea of a mega dam in the region," said ASSU advisor Samujjal Bhattacharjee.
AASU also slammed the state government's reluctance in updating the National Registrar of Citizenship (NRC). "The government is trying to guard a section of the population by not updating the NRC. It is only concentrating on the vote bank politics, ignoring the greater interest of the state and the Assamese community," said AASU president Shankar Ray.
Echoing ASSU's demand, the Takam Mising Parin Kaubang (TMPK), a tribal group, asked the state government to start updating the NRC immediately.
Meanwhile, Rabha Students' Union demanded that the NRC should be updated on the basis of the cut-off year of 1971."The historic Assam Agitation happened to solve the influx problem of the state, followed by the signing of Assam Accord. But neither Delhi nor Dispur is acting efficiently to implement the accord. The NRC should be updated on the basis of 1971 as the cut-off year. Anyone who came after this period should not be considered as the legal citizen of the state," said Raghunath Rabha of Rabha Students' Union .
Tribal body welcomes Gyatso’s appointment as Chief Secy
Gangtok, Aug 2: The appointment of Karma Gyatso, IAS of 1977 batch, as the new Chief Secretary of Sikkim has been welcomed by the Sikkim Bhutia-Lepcha Apex Committee (SIBLAC), an umbrella organization of the State’s indigenous Bhutia and Lepcha tribals.
In a statement, SIBLAC President Tseten Tashi Bhutia said the appointment of Gyatso as Chief Secretary and R. Ongmu as Additional Chief Secretary, both from the tribal community, was “long awaited and deserving appointments.”
Gyatso formally took over from the outgoing Chief Secretary , ND Chingapa, on Monday.
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