The main opposition Nepali Congress (NC) will start street protest across the country against the KP Sharma Oli government.

NC has announced the street protest accusing the federal and provincial governments of undermining the rule of law instead of moving ahead in accordance to the spirit of constitution.

“District committees have been instructed to organize protest programs at the district headquarters on July 31 against autocratic and anti-people activities, and instructed all units of the party to take the issue to the people to make them participate in the protest programs,” a press statement issued in the name of NC General Secretary Shashank Koirala reads.

The statement adds that the Communist Party of Nepal (CPN) has blatantly violated the constitutional provision requiring the speaker and deputy speaker of the House of Representatives (HoR) from different parties.

The party has also accused the government of ‘illegally’ revoking the ‘legitimate’ appointments made by the Sher Bahadur Deuba government. “The anti-people decision of the government to revoke the decision of the then government to reduce the threshold for elderly allowance to 65 years from 70, and provide Rs 5,000 per month to people with kidney and heart diseases, cancer and spinal injuries must be opposed,” the press statement adds.

Editorial

Democratic conduct of the KP Sharma Oli government and its commitment toward rule of law have been deteriorating by the day. The communist government with two-third majority is becoming mean, narrow-minded and unrestrained instead of displaying generosity. The government’s standing is taking a toll as a result.

It has recently committed an unbecoming and irresponsible act by detaining Vice Chancellor (VC) of Nepal Sanskrit University Kul Prasad Koirala, who was leaving for Canada, from the airport. And PM Oli himself has been involved in such an unseemly act.

The team of professors from Nepal Sanskrit University had got the foreign visit approved from the previous government. It had applied with the office of the pro-chancellor, the Education Ministry, for approval of leave.

The government can deem the visit unnecessary and extravagant. That is its prerogative. Chancellor or pro-chancellor could have refused to grant leave. The visit would have been cancelled with a two-word comment on the VC’s application. He would not have gone abroad after that. His detention at the airport would have been justified had he defied the government and tried to leave at government expenses.

But the government sat on that application. It sent the police to detain the VC when he reached the airport to fly to Canada. Nobody is taking responsibility for sending the police. But it is not difficult to guess who did. The police took him to the PM’s official residence in Baluwatar stating the chancellor wishes to meet him. Nobody dares to detain VC of a university from the airport without instruction of the PM.

Neither the chancellor nor a responsible government official met the VC at Baluwatar. He was freed once the plane he was scheduled to board took off.

Why was the PM inclined to humiliate a professor instead of establishing system?

The all-powerful PM who is dreaming about ‘Prosperous Nepal, Happy Nepalis’ seems to enjoy taking a dig at others and humiliating them.

PM Oli has slighted Dr Govinda KC saying an ’employee’ should remain in discipline after the latter started his 15th fast-unto-death demanding reform in medical education. He has said one individual cannot determine who should be given affiliation, and he will not accept that.

The general public knows very well that the biggest ’employees’ are politicians and they have abused their position, government and power for personal interest the most. The luxurious lifestyle most of the leaders lead today is a result of that abuse.

Dr KC is a sage doing his job. He does not have his personal life and expectations. He does not have anything to do other than service. He has taken the rebellious path of hunger strike only after feeling the pulse of the impoverished Nepalis from remote parts who are deprived of health services, and seeing the malpractices in the name of medical colleges in Kathmandu and the connivance of politicians in that.

The then Sushil Koirala government, which included the then CPN-UML, formed a five-member task force under Kedar Bhakta Mathema to probe the malpractices in the medical education sector and suggest measures to address them only after Dr KC’s seventh fast-unto-death.

Former deans of the Institute of Medicine (IOM) Dr Madan Kuamr Upadhyay and Dr Ramesh Kanta Adhikari, former executive director of Patan Hospital Dr Arjun Karki, and former executive director of Ganga Lal Hospital Dr Bhagawan Koirala were the other members in the task force.

Dr KC has already staged seven fasts after that mainly for implementation of the task force’s report. Dr KC, therefore, has not arbitrarily said who should be given affiliation and who should not be as PM Oli claims. Nor is he determined to make decisions in a way to benefit businessmen close to him and big donors like the politicians are.

Why is the PM trying to bend such a simple fact? Why is the government so narrow-minded?

The government has displayed utter disregard to system and narrow-mindedness in many latest deeds and not just the cases of VC Koirala and Dr KC.

Voluntary retirement of civil servants is another similar example. The last parliament including even those parties currently in the government had passed a law about voluntary retirement of staffers.

But General Administration Minister Lal Babu Pandit started to publicly malign civil servants once the communist parties formed the government, and threatened the staffers who ‘do not want to work’ to resign. He has vilified the staffers who opted for voluntary retirement complying with the law and procedure formulated by the state. He did not even respect the rights of the staffers for voluntary retirement as specified by the law until that law is amended.

There are many more examples of the current government interpreting issues clearly stated in the constitution and laws as it pleases and violating them.

The two big communist parties took an unconstitutional stand immediately after the election. They demanded they be allowed to form the government even before the Election Commission (EC) published the final results of the National Assembly and the House of Representatives. They stated that their provincial assembly members will not take oath of office from provincial chiefs recommended by the Sher Bahadur Deuba government despite the constitution clearly stating that swearing-in of provincial assembly members cannot happen without appointment of provincial chiefs.

National Assembly cannot be elected without provincial assembly members casting vote and final results of HoR cannot be announced before National Assembly results to pave the way for formation of the new government.

The left parties relented after refusing to budge for a long time, and the new government was ultimately formed.

But arbitrary interpretation of the constitution has not stopped.

The act related to political parties clearly states that any new party must have one-third female representation in the central committee for registration with the EC. But the Communist Party of Nepal (CPN), formed after unification of the then UML and CPN (Maoist Center), was registered violating that provision. Chairman Oli instructed those speaking against that inside his party to stop talking annoyingly, and they complied.

The constitution, similarly, clearly states that speaker and deputy speaker should be from different parties. But both the speaker and deputy speaker are not ready to quit even after unification of the two left parties.

Former Constituent Assembly (CA) chairman and CPN leader Subas Chandra Nembang has comically argued that they need not resign as both of them have already quit the party despite the act related to political parties clearly stating that resignation by speaker and deputy speaker from the party in decorum does not count as quitting the party. There would be no need to put the provision requiring speaker and deputy speaker from different parties if they were to be considered not affiliated to any party.

It is not that Nembang and other CPN leaders do not know that. But Nembang is ready to sacrifice his commitment toward the constitution and his legal understanding to keep both the positions with his party. The whole party is ready for that.

The government that is ready to knowingly cross constitutional and legal limits for its petty interest becomes ungenerous and arbitrary, and starts to take ungenerous and arbitrary decisions.

The government’s insistence to stop demonstrations at Maitighar Mandala and allow demonstrations at only the places it has specified is another arbitrary and ungenerous decision.

It is fundamental right of the citizens to peacefully assemble and demonstrate guaranteed by the constitution. Allowing demonstrations only at the places specified by the government is definitely not the spirit of constitution.

The government argues that one cannot protest at any place one pleases, and claims that such freedom is not allowed in any other country. But it has prohibited demonstrations at the very places in Kathmandu where the citizens were protesting and expressing displeasure with the government in the past few years in a planned manner.

Demonstrations are staged in front of the government’s nose the world over. That is accepted in a democracy. One can, therefore, stage demonstrations in front of the president’s office in the United States and the parliament in the United Kingdom.

Demonstrations are prohibited at both these places in Nepal. The government has made an unreasonable decision to prohibit demonstrations even at Maitighar now.

The government’s standing is deteriorating by the day due to its propagandist attitude in development, compromises in governance, disregard to rule of law, negligence toward the issues of public interest and encroachment of civil rights.

But it is not too late yet. The government had better mend its ways and focus on its duties.

The government has decided to take back the medical education bill submitted to the parliament. The Cabinet meeting held Wednesday night has decided to take back the bill and submit it again after necessary amendments, according to government spokesperson and Minister for Information and Communications Gokul Baskota.

Dr Govinda KC has been staging a fast-unto-death at the Karnali Academy of Health Sciences in Jumla demanding that the Medical Education Ordinance brought by the preceding Sher Bahadur Deuba government be implemented as it is.

Dr KC has accused the government of bringing the bill to replace the ordinance with an intention of providing affiliation for medical college to four hospitals owned by businessmen close to the Communist Party of Nepal (CPN).

The ordinance stops establishment of new medical colleges in Kathmandu Valley for 10 years as demanded by Dr KC, limits granting of affiliation by a university to a maximum of five medical colleges, and allows affiliation to only those that have operated a hospital, taking permission from the Health Ministry, for three years.

The government had submitted the bill removing these provisions. Dr KC started a fast-unto-death in Jumla on Saturday to protest the bill.

The government was not able to table the bill after the main opposition Nepali Congress (NC) warned of obstructing the House pointing that the bill to replace the ordinance was brought in a way to kill the spirit of the ordinance.

The government has brought the medical education bill against the past agreements with Dr Govinda KC with an intention of providing affiliation for medical college to four hospitals owned by businessmen close to the Communist Party of Nepal (CPN). Dr KC has started a fast-unto-death in Jumla since Saturday to protest the bill.

Manmohan Memorial, Kathmandu National and Mediciti of Kathmandu, and B&C of Jhapa will get affiliation if this bill is implemented as it is. Promoters of all these four hospitals are close to CPN chairmen duo KP Sharma Oli and Pushpa Kamal Dahal, and other influential CPN leaders.

Promoter of B&C Hospital Durga Prasai is close to both the chairmen and Oli and Dahal had made a breakthrough for unification of the then CPN-UML and CPN (Maoist Center) at a lunch meeting at his residence in Bhaktapur.

Top-level leaders and cadres of the erstwhile UML have invested in Manmohan Memorial Hospital. Rajendra Pandey is chairman of the hospital and affiliation for the hospital is associated with the party’s prestige due to him.

Promoter of Kathmandu National situated at Ghattekulo, Kathmandu is Basaruddin Ansari who was close to the Maoists earlier and later joined UML and ran for mayor of Birgunj Metropolis on UML ticket last year.

Sources say promoter of Mediciti of Nakkhu, Lalitpur Upendra Mahato is also lobbying to get affiliation in the name of Ashwini Medical College. Mahato’s younger sister Julie Mahato is a CPN lawmaker while her husband Raghubir Mahato heads the Ministry of Physical Infrastructure and Transport in the Oli Cabinet.

The government has brought the Medical Education Bill under influence of these businessmen in a way to ensure affiliation for their hospitals. The bill has removed some provisions from the Medical Education Ordinance brought by the preceding Sher Bahadur Deuba government.

The ordinance stopped establishment of new medical colleges in Kathmandu Valley for 10 years as demanded by Dr KC. Likewise, a university can give affiliation to a maximum of five medical colleges.

Manmohan, Kathmandu National and Mediciti are all situated inside the Valley while Tribhuvan University and Kathmandu University, the only universities that can provide affiliation to medical colleges, have already granted affiliation to five medical colleges each.

B&C is outside the Valley but one out of the two universities will have to provide affiliation to it.

Other universities cannot provide affiliation to medical colleges as universities must operate a medical college of their own to be eligible to provide affiliation for one.

The main opposition Nepali Congress (NC) has warned it will obstruct the House if the ordinance brought by the Deuba government is not implemented as it is.

NC lawmaker and former health minister Gagan Thapa accused the government of amending the ordinance under influence of interest groups. “The ordinance tried to maintain quality by bringing medical education under the purview of the government. But the provisions kept in the ordinance for people-oriented results have been removed in the bill,” Thapa told Setopati.

“The government has brought the new bill in the interest of the group that aims to make profit by opening medical colleges.”

The Constitutional Council on Tuesday has recommended Deepak Raj Joshi as the chief justice (CJ).

“The meeting of the Constitutional Council held at Prime Minister’s office on Tuesday afternoon has recommended Joshi to the position of CJ,” said Law Minister Sher Bahadur Tamang.

Deepak Raj Joshi has been serving as acting chief justice after Secretary of the Judicial Council Nripa Dhwaj Niraula sacked the then CJ Gopal Parajuli on March 14 stating he crossed the age limit of 65 years on August 5, 2017.

The CJ must be appointed a month before the term of incumbent expires or within a month if the position becomes vacant due to unexpected reasons.

The meeting of Constitutional Council will then send the recommendation to the parliament for parliamentary hearing. The president will appoint the CJ once the one picked today completes parliamentary hearing.

The parliamentary committee for hearing is also yet to be formed in lack of regulations for operation of the parliament.

The government has formed a committee to study feasibility of transportation of goods using waterways of India.

The committee led by Joint Secretary at the Water and Energy Commission Madhav Belbase will include representatives from energy and irrigation, physical infrastructure and transport, industry, commerce and supplies, and foreign ministries.

The committee formed on Thursday will start its work in a few days, according to coordinator of the committee Belbase. “The ministries concerned will send representatives within a few days. We will then sit down and decide what we have to do,” Belbase told Setopati. “Coordination with India is also necessary to conduct study.”

The committee has been given Rs 3 million for the study. Belbase said the budget can be increased if the work progresses satisfactorily. He revealed that the committee has not been given any deadline to complete the study.
The joint statement issued during the India visit of Prime Minister KP Sharma Oli also mentioned providing access to the sea for Nepal.

“Taking cognizance of their geographies and noting the development of inland waterways in both countries, the two Prime Ministers took the landmark decision to develop the inland waterways for the movement of cargo, within the framework of trade and transit arrangements, providing additional access to sea for Nepal,” the joint statement on inland waterways states.

The two PMs have directed the respective officials to do homework to add even waterways in the trade and transit agreement between the two countries.

India, that has the ambitious plan of expanding waterways across India, has agreed to provide the access to that network for Nepal.

India has been studying about building transportation network through its rivers with assistance of Rs 80 billion from the World Bank. It has also put forward an ambitious plan of constructing 14,000-kilometer of waterways.
India is currently developing waterway in the Ganges from Haldia of West Bengal till Banaras of Uttar Pradesh. It plans to ferry cargo through small ships there.

Nepal currently uses the Haldia Port of Kolkata for trade with the third countries. Koshi river meets the Haldia-Banaras waterway at Katihar of Bihar which is over 100 kilometers down the Nepali border. Similarly, Narayani river meets the Ganges near Patna of Bihar.

Nepal in principle can use the waterway developed by India in the Ganges through the two rivers.

Federal Socialist Forum Nepal (FSFN) Chairman Upendra Yadav has called the agreement with CPN to amend the constitution a political achievement.

“This is a great change for the country,” Yadav told Setopati after signing the two-point agreement with CPN Chairman duo KP Sharma Oli and Pushpa Kamal Dahal at the Prime Minister’s official residence in Baluwatar on Monday. “Two chairmen of the ruling party including the PM have signed an agreement to seek solution to the problem facing the country by amending the constitution. This is an achievement.”

Yadav said the ministries that the party will get is yet to be decided. “We will discuss on the issue of ministries,” he said.

FSFN had taken internal decision to join the government on March 6 but was yet to join the government.

The first point of the agreement states that the demands and agendas raised by the FSFN through agitation will be addressed by amending the constitution through mutual consensus on the basis of interest of the country and people. It also mentions that the works that the government can address can be done through the government’s policies.
The second point states that FSFN will join the government on the basis of agreement.

Federal Socialist Forum Nepal (FSFN) will join the government after signing a two-point agreement with the ruling CPN on Monday.

CPN Chairman duo KP Sharma Oli and Pushpa Kamal Dahal, and FSFN Chairman Upendra Yadav signed the agreement to that regard at the Prime Minister’s official residence in Baluwatar.

The first point of the agreement states that the demands and agendas raised by the FSFN through agitation will be addressed by amending the constitution through mutual consensus on the basis of interest of the country and people. It also mentions that the works that the government can address can be done through the government’s policies.
The second point states that FSFN will join the government on the basis of the agreement.

Yadav’s press coordinator Mahesh Chaurasiya said the party’s ministers are unlikely to be sworn in today itself. “This has just paved the way for joining the government. The issue of ministries that the party will get is yet to be decided.” he said.

Former speakers and CPN leaders Subas Chandra Nembang and Onsari Gharti Magar have said there should be one-third female representation in the central committee of CPN.

Gharti Magar said the party should not violate the law drafted by the lawmakers including those from CPN. “There is legal provision requiring 33 percent female representation in the central committee during party registration.

Nobody, including the party, is above the law,” she told Setopati. “Women may not oppose violation of the provision. But the Election Commission (EC) must get it implemented.”

Prime Minister (PM) and CPN Chairman KP Sharma Oli on Thursday had instructed the central members to not raise the issue of one-third female representation in the central committee under the influence of NGOs. Oli had also instructed them to not talk annoyingly about the issue.

“He is our leader. We utter whatever he teaches. He may well have taught us to talk annoyingly,” she sarcastically responded to Oli’s comments.

Another former speaker Nembang also said he is for adequate female representation and claimed that the party is currently discussing the issue.

Nembang, however, refused to respond to PM Oli’s comments. “I cannot publicly speak on the comments of chairman. You can’t even ask,” he said.

Article 15(4) of the Act about Political Parties requires one-third female representation in party committees at all levels. But there are only 77 women in the 441-strong central committee of CPN now which is just over 17 percent.
Central member Binda Pandey was the first to raise the issue. There was widespread condemnation of under-representation of women in the central committee of CPN leading to the instruction of PM Oli.

Pandey opined that voices should be strongly raised for female participation instead of responding to PM Oli’s comments.

She also expressed hope that the leadership will take corrective measures as questions have been raised at the start of registration process. She added that the party should not be registered if the leaders do not take corrective measures to ensure one-third representation.

“There are only men in the core team for selection of central members. They are, therefore, not sensitive to the issue of one-third female representation. We cannot negotiate inside the party. We will, therefore, put pressure by speaking publicly like now,” she added. “The EC should not register the party without one-third female representation even if the leaders don’t correct. We will talk annoyingly otherwise.”

CPN, meanwhile, has found a way to get the party registered without one-third female representation, according to a leader.

The EC had registered parties that contested the recent elections on the condition that they will ensure one-third female representation after their respective general convention.

The election was announced suddenly, and there was no way the parties could hold their general convention before the election to ensure one-third female representation.

The leader revealed that the party has reached a conclusion that it can be registered on the basis of that precedence with a pledge to ensure one-third female representation after the general convention of the unified party.

Prime Minister (PM) KP Sharma Oli has briefed former PMs about the upcoming Nepal visit of Indian PM Narendra Modi.

Oli briefed former PMs Sher Bahadur Deuba, Pushpa Kamal Dahal, Baburam Bhattarai, Madhav Kumar Nepal, Lokendra Bahadur Chand, and former chairman of council of ministers Khila Ra Regmi at his official residence Baluwatar on Tuesday.

Oli informed them that the government is trying to sign agreements on water way, railway and agriculture that were announced earlier. Oli called the upcoming Modi visit a continuity of his earlier visit of India, according to Regmi.

Former PM Bhattarai also tweeted that the former PMs advised Oli about Modi’s visit according to their capacity. He, however, did not reveal what suggestions he gave.

The Cabinet meeting on Monday had finalized schedule of Modi’s two-day visit starting on May 11.

Oli also discussed about the government’s policies and programs, and the upcoming budget for the next fiscal year with his predecessors.

Oli also raised the issue of transfer of settlements with priority during the meeting, according to the PM’s secretariat, pointing that mismanaged settlements stymie development.

Lawmakers of CPN (Maoist Center) have urged Chairman Pushpa Kamal Dahal to discuss about the upcoming budget with Prime Minister (PM) KP Sharma Oli.

Reminding that the two parties had brought a single manifesto for the general election, they stated that their suggestions should also be incorporated in the budget.

Chief whip of the party Dev Gurung said the parliamentary party meeting has decided to advise the government to bring policies and programs based on the joint election manifesto.

The lawmakers protested claiming UML was trying to bring the budget on its own, according to a Maoist lawmaker present in the meeting.

Dahal left the meeting saying he will discuss with the PM even as the lawmakers were raising questions about the budget.

Maoist ministers during the meeting briefed about the formulation of budget of ministries. They also asked the lawmakers to send written suggestions.

“The lawmakers asked if the projects will be selected as per their aspirations,” Maoist Spokesperson Pampha Bhusal said. “Chairman said there has been no discussion on budget until now and assured that he will discuss the issue.”

The Maoist lawmakers also stated that constituency development fund is necessary.

Maoist lawmaker Satya Pahadi said the budget should be distributed on the basis of social justice. “There were views for bringing the budget focusing on the federal structure.”