Kathmandu School Of Law (KSL)
in co-operation with Center for Legal Research and Resource Development (CeLRRd)

News

Talk Program Addressed by Ambassador of Israel

Mr. Dan Stav, Ambassador of Israel to Nepal, addressed the talk program at KSL on 10 July 2008. The talk program aimed at acquainting students and teachers of KSL with the political situation of Israel and its diplomatic relation with Nepal. The program shared information and experience of two countries in relation to political and historical context and conflict transformation.

Dr. Yubaraj Sangroula welcomed guest and participants and shared briefly about the present situation of socio-political developments of Nepal. He expressed the curiosity to know about the reason behind economic and political stability in Israel despite being a small country with no adequate natural resources and amidst facing political conflict. Giving example of Israel, he said 'being small is not obstacle to development'.

Mr. Dan Stav gave short historical background of Israel as the only place for national independence for Jews. He informed that seventy five percent of total population comprises of Jews in Israel and Bible is considered as an important source of their language, religion, history and culture. He talked about the uniqueness of Jews survival as they were the scattered population, highly segregated and discriminated community with very low standard of living, and used to be taken as cause of blame for any political reason and conflict. He briefly highlighted how such marginalized community became majority population and created their own independent State. According to him, Jews' movement of social revolution began with the 18th century enlightenment period. With the appraisal of liberal movements, rise of national movement for equality and freedom in Europe, Jews also got chance to integrate their demands in those movements and ideas. Jews were not only segregated but also isolated from socio political mainstream of Europe, Ethiopia and other States where they had their minor population. They were influenced by the movements in Europe and began revolution for integration as salvation. However, neither segregation nor assimilation or integration was solution for them because maintaining Jews purity was another question. Hence the core of the social revolution was focused on establishing a new society for this scattered population with the idea of cohesiveness. By 1948, Israel was politically established with strong army and defense system.

Portraying this historical context, Mr. Stav said that although Israel is a small country with no natural resource, it has the 'mind', which is the strength of the country and the reason behind socio-economic booming. He mentioned unless people are willing to work the existence of maximum resources would be of no worth.

On the query regarding the schemes Israel adopted to assimilate people from so many places and bring them into national mainstream maintaining integration, he explained the two major tools. According to him religion and education system are the fundamental tools or schemes which have brought them together and helped maintain the bond. Portraying Israel as the democratic State, he said that commitment of leaders towards democracy has made Israel able to sustain democratic values. In addition, he said being a democratic country, community other than Jews as minority has equal legal rights and are placed in the political mainstream. Answering query on conflict between Israel and Palestine, he clarified that it is the political conflict and Israel do not believe in military power as long term solution. He accentuated on negotiation and respect between each other to address the conflict.

Talking about the relation between Israel and Nepal, he informed that Israel maintains friendly diplomatic relation with Nepal. Despite being geographically far, Israel is interested to invest in Nepal and exploring possibilities to create bond with the latter.

Mr. Dan Stav addressing the program

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Paralegals of KSL Clinical Legal Education Program (CLEP) organized a dissemination program to the local organizations of Bhaktapur District to acquaint them with the welfare motive and interventions undertaken by CLEP. The program aimed at building collaboration and seeking cooperation from those organizations to jointly initiate further activities in social issues. The program was organized at KSL Conference Hall on 14 July 2008.  

The programme highlighted various activities of CLEP. Advocate Ram Prasad Aryal, legal aid lawyer in CLEP highlighted on the overall motive and the purpose of the program and seek cooperation from local organizations to conduct similar social activities in the days to come. The program discussed about the strategies of working together and mechanism of strong coordination and networking.

Representatives from Janahit Samaj Nepal, Niko UNESCO Club, Shree Samaj Sudhar Samiti, Shree Siddhi Ganesh Club, Duwakot Ward number 4 Sarathi, Madhyapur Municipality ward no 3, Community Action Centre CAC ,Nepal, Aama Samuha, United Vibrant, Situ Panch were present at the program.

CLEP is being implemented in support of USAID Rule of Law program through TAF.

Representatives from local organizations

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Feature Article

Constitution must be Able to Guarantee Basic Liberties Uninfringeable in Any Circumstance

A society without basic liberties is nothing but a slaves’ society. But the whole chunk of human civilization has unfolded out of conscious struggle for freedoms, and all conditions in political society that thrashed basic liberties are defeated by incessant inspiration of civil society for greater and enriched freedoms. The scheme and design by any individual or institution are thus bound to be ultimately crumbled down; they are never sustainable. No society or nation can survive without a vibrant and freed body of civilians. As opposed to some pessimistic cries, Nepal’s future is bright and awesomely potential of emerging as a matured and cultured nation state provided that some formidable problems are properly addressed.

An in-depth and critical analysis of the past political affairs unfolds that the Nepalese society is passing through a bitter struggle between regressive and progressive forces, though the struggle is largely clandestine. This struggle has mainly centered on ‘ill motif’ of conventional feudal force that intends to continue being in power as antithesis to basic liberties. For the last three years, this struggle has largely surfaced due to massive growth of consciousness of the civil society to basic liberties. This is what an interesting development mounting in the political scenario of the Nepalese society; it is no longer feasible to rule the Nepalese society by a power-block, group or institution with the help of a clandestine power management system. Unlike during the Panchayati regime, in the post 1990 movement era every power block is exposed to the eyes of the Nepalese people. If one looks from this perspective, last five years were crucial in the history of the Nepalese politics in the sense that the clandestine power centered politics came to its zenith and started spilling over. The split of the CPN (UML) was a beginning of the exposure of the clandestine power center, which survives only with the strength of conspiracy and unlimited political gimmicks. The split of the Nepali Congress was growth to maturity, and the subsequent events are spill-over. The biggest failure in this unfolding drama on the part of the democratic political forces was that they could not smell of the foul they were being instigated to play.

The present upsurge of the people marks their genuine inspiration for consolidation of the basic liberties. But it does not mean that the threat or risk of it being crushed by the clandestine power centered political gimmick is over. Coming to its zenith of such gimmick does not mean that it has been powerless, or sustained its biting tooth have been broken. The center is as powerful as it used to be in the past. The only change in its dimension is that it has been overtly exposed at present, whereas it was fully covert till recent past. The gain or lose of the civil society to its mission of achieving basic liberties will thus depend on its clarity of political, economical and social agenda of development. Liberties of people do not stand in vacuum.   

If one analyzes the dynamics of Nepalese history of struggle for freedoms, one can obviously see that it has, as an imbibed character, marked exclusively by political priorities. Socio-economic needs and priorities for the development have consistently been left out. As a result, the economically and socially marginalized sections of the population could not enjoy opportunities for equity, and consequently the clandestine power center could play a plot against democratic forces. In such a state, the larger part of population is easily deluded by the regressive force as it survives on failures of others only. Regression is destructive and devoid of creativity. Obviously, its agenda of winning over the power is solely dependent on the failure of the progressive forces on their agenda. The present government, for instance, took over the power in the pretext of failure of the political parties offer a system of good governance. But it never had a creative agenda of good governance; to grab the governmental power was the only agenda.

Basic liberties are greater need of economically and socially marginalized groups, and of course any political struggle must make these issues as frontline agenda to defeat the clandestine power centered block. The present movement needs to review its position from this prospect. Nepal is currently facing danger of authoritarianism from both the left and right extremism. In this situation the defeat of one may unscrupulously assist the other in gaining power. This on what the American policy to Nepal has been becoming functional. In this situation, the enhancement of the functionality of the central democratic forces is the only right strategy for preserving the realm of basic liberties, and for this the central democratic forces must be able to draw the socially and economically marginalized sections to its fold. Priorities for the socio-economic freedoms and development should therefore be the focused agenda of the struggle for political basic liberties. In this context, the political parties fighting for the democracy should be conscious of their role to massive reforms in the governance system, and the agenda of the movement should be accordingly designed. The success of the ongoing movement for basic liberties is thus dependent on it capability of including socio-economic freedoms and development as priority agenda of the struggle. Its failure to do so may divert the larger part of the population towards leftist extremism, and eventually will provide a basis for continuity of the rights’ control over the State’ power.

In this context, the ongoing movement for democracy must be founded on a charter between the people and political parties. It cannot be a sole instrument of political parties gaining the power over the government with status quo in political dynamics. Restoration of liberal democracy is the agenda of the political parties, whereas the people’ agenda is beyond it; they want an inclusive democracy in terms of participation in political process as well as scoio-econmic development. The people’ movement can be enhanced and consolidated by acceptance by the political parties of the people’s agenda of inclusive democracy. This is where the external powers like India, USA, UK and China can play roles. Their policies and outlooks to present crisis of Nepal should be necessarily guided for the benefit of the general population. Creation or destruction of any polarization for vested interest should find a place, which may drag Nepal to a catastrophe. Especially, US government’s cautious support to the present movement may help to legitimize the brutal suppression of the people, and it may contribute to the upsurge of economically and socially deprived or disenfranchised population to the left extremism. It is necessary to build a faith and trust of the people on the capability of the democratic parties to rescue the country from crisis. This faith of people on democratic forces will isolate unpopular forces from people. As matter of fact, the popular movement to the inclusive democratic system is the only way out of the present crisis.

The present trend of suppression, however, and less visible concern of the international community towards what happening in Nepal are unusual. These trends show that the government is still confident of its capability of quelling the movement with the help of massive use of force. On the other hand, international community is skeptical to extend its genuine support to the democratic forces, and this may be due to ‘stereotyped’ belief that the fall down of the present government might add the strength to the Maoist. This doctrine may have been founded on a sweet logic but on ‘reality’. The Nepalese people are keen to restoration of democracy and have abundantly proved that their choice is no kind authoritarian regime, but the democratic government. The international community can constructively assist Nepal to rescue from the present crisis by extending its support to the democratic aspiration of the people and their capability of their representative parties. By ignoring political parties there can neither be the solution to the Maoist insurgency nor development of the country.

With the present political development in Nepal, one can say that the country has been come to a real cross of crisis. Successful management of the aspiration of the people scattered on every streets and corners of the country today will give a lasting transformation of the present crisis, and failure to an uncertainty of future. The failure of the present movement will throw the country a lasting bloodshed. The present trend of the government to oppress unarmed citizens on the streets compels one to think that it lacks a political vision address the crisis. There is a strong anti-democratic group in the government, which is persistently and adamantly trying to prevail over the people. The terror has been created among the people, everyday it is dragging more people in the streets. The mass is still peaceful on the streets, and has not poured on the inner city in Kathmandu for frenzy and destruction. However, everything naturally has limitation. The anger being generated by indiscriminate bullets and batons might trigger the frenzy, and may invite a catastrophe. It is therefore in nobody’s interest to wait and pass on the time without proper transformation of the crisis. The international community can play a crucial role, by refraining at lest from meddling things, if it does prefer to avoid active engagement in support of the democracy.

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