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Human Rights Enforcement Committee under KSL Law Students Society organised a discussion programme at KSL on 17 Feb, 2008 on the decision of the Kuwaiti court to give death penalty to Ms. Dolma Sherpa, a Nepali citizen incarcerated in Kuwait. Mr. Udaya Raj Pandey, Advisor, Ministry of Foreign Affairs and Dr. Yubaraj Sangroula, Executive Director, KSL were present as guest speakers for the program. Speaking at the programme, Mr. Pandey informed that the ministry has decided to provide legal representation to Dolma Sherpa very soon and is also planning to establish Embassy of Nepal in Kuwait. Likewise, Dr. Sangroula highlighted the lacunas on the side of the government of Nepal for not performing special investigation of the act done by the Kuwait court. He added that as death penalty has already been abolished from our constitution, it is also the responsibility of the state to protect its citizen from the punishment of death penalty in any means. However, the government of Nepal is not seriously thinking of such protection. He was critical to the government for not developing culture of having consultation with experts in the issues of the national concern. He also mentioned that academic institution like KSL could also be of help in coordinating with institutions and universities in Kuwait to ensure fair trial in case of Dolma. The programme identified the need of the review of the fair trial procedure being applied in Dolma's case. Earlier, Mr. Subash Lamichhane and Mr. Apurba Khatiwada, students of LL.B 4th Year briefed about the fact of the case and legal perspective on the case. Speakers at the program highlighted that Dolma's case should not be judged on the basis of the discussion on whether she has committed the crime or not, but investigation must focus on whether the trial was done on the basis of principles of Fair Trial or not. They shared that it is important to observe if she has been provided with the basic requirement of fair trial. ICCPR guarantees Right to Legal Representation which is ratified by both Nepal and Kuwait. Similarly, Vienna Convention guarantees the notification to the state, if its citizen is arrested in any foreign country. Another issue to draw attention is Nepal’s right to provide diplomatic protection to its citizen whose rights have been violated and the fact if the government of Nepal is considering these issues to fight against Dolma's case. The programme aimed at involving young students in the issue of the country and objective analysis of the activities and procedures being applied to address the problem. Mr. Sudeep Pokharel, President, Law Students Society, had chaired the program. | ||||||||||||||||||||||||||||
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To mark the National Education Day on 12th Falgun (24 Feb, 08), KSL Law Students Society organized an interaction programme reciting the slogan" Kanooni Sikchhya Aajako Aawasyakta" (Legal Education: The Need of Today). A documentary on Importance of Legal Education was released at the programme which highlighted the need of legal literacy or minimum legal education in every field of study and practice of life. Dr. Yubaraj Sangroula chaired the program. Hon'ble Harihar Dahal, Member, Interim Legislature-Parliament and Dr. Sushmita Singh Karki, Reader, Tribhuwan University were present as guest speakers. The documentary contains wide views of lawyers, students, and dignitaries of different walk of life on the importance and scope of legal education. It has accentuated the need of minimum legal education to be provided to every citizen of the nation, and highlighted the interrelation of law with every aspect of the society and the nation. The documentary clearly visualizes the current situation of legal education in Nepal. The documentary also advocates for the application of practical, research oriented and contemporary education system as per the need of the time. At the programme, Hon’ble Dahal and Dr. Karki presented the situation of the law profession in Nepal. They revealed the bitter fact that the quality of lawyer and standard of lawyering is still weak in Nepal. Dr. Yubaraj Sangroula, however, mentioned about the changing scenario in legal profession and stressed on the wider scope of the legal profession. | ||||||||||||||||||||||||||||
| ToT for volunteers of Public Awareness and Advocacy Meetings | ||||||||||||||||||||||||||||
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A Training of Trainers (ToT) programme was conducted at KSL on 19-20 February, 2008 to the selected thirty students who had applied for volunteering the Public Awareness and Advocacy Meetings to be conducted in fifteen districts of Nepal to disseminate the study report on legal and constitutional reforms in regard to land holdings; employment in police, military and civil service; access to justice; and citizenship issue of endangered and highly marginalized community. The trained volunteers, two in each district, have been assigned to facilitate fifteen public awareness and advocacy meetings each in Jhapa, Morang, Sunsari, Udayapur, Gorkha, Palpa, Nawalparasi, Banke, Nuwakot, Makwanpur, Chitwan, Sindhupalchowk, Dhading, Dolakha and Ramechap. They will sensitize the local community, particularly endangered and highly marginalized community, about their rights and prepare them to meaningfully participate in the CA election so as to guarantee their rights in the new constitution. Dr. Yubaraj Sangroula and Mr. Pradeep Pathak facilitated the training. On the first half, Mr. Pathak introduced trainees about the objective and significance of the ToT. He described the overall objective of the project and usefulness of the intervention in light of the CA election. On the second half, Dr. Sangroula highlighted the SWOT method in planning of advocacy and public awareness programme. Talking about the strength, he said, the marginalized and endangered communities have their association or committee and organization; they have some information about the programme and to some extent leaders are educated; the areas of their residence are known and we have well contact with them as such. Weakness could be identified as negative impression of government, politics, and of NGOs; lack of information about constituent assembly or they have been wrongly guided etc. Opportunities could be taken as positive attitude or enthusiasm of people to learn about constituent assembly and high possibility of internalization of it. Threat could be the risk of communal violence; the shortage of food they are facing so they may not be interested to talk about CA; security problem in the village; lack of participation of targeted groups, as such. On the next day, Dr. Sangroula oriented participants on the method of information collection and rapport building, tools and techniques of advocacy etc while Mr. Pathak provided participants with the guidelines to be followed during the advocacy programme and talked about the technical and logistic aspect that needs to abide by. He also informed about the communication strategy, the statistical booklet, training manual and the issues to be covered during public awareness and advocacy meetings. At the end of the programme, trainees were informed about their respective working district and their travel plan starting from 27 February, 08. | ||||||||||||||||||||||||||||
| Distict Level Workshop in Dolakha | ||||||||||||||||||||||||||||
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Kathmandu School of Law conducted a district level workshop in Dolakha district on 27 February, 2008 with an objective to sensitize the district leaders of political parties and endangered and highly marginalized communities about the legal study conducted by the school and the declaration of the National Symposium on Marginalized Communities' Agenda in Constituent Assembly. The program was conducted in a semi-formal manner. Stakeholders of Dolakha and Ramechhap districts, including, political parties' leaders, representatives of Inter-party Women’s Network, student leaders, journalist, and representatives from indigenous and marginalized welfare societies had participated in the programme. Trained volunteers for Dolakha and Ramechap district were also present during the programme. Assistant Professor Kapil Aryal and district programme coordinator Mr. Santosh Raut had facilitated the programme. Mr. Aryal highlighted on the objective of the programme and the reasons for studying the laws regarding land ownership, citizenship acquisition, access to justice and access to government jobs for the empowerment of endangered and highly marginalized community. "It is a crucial time to ensure the rights of deprived and disenfranchised communities in constitution and legal documents. Thus everyone should take part in constituent assembly election to make a constitution of one's choice', he said. Mr. Raut informed the participants about the activities that took place in Dolakha and Ramechap under the project and the remaining activities while student volunteer Mr. Suresh Chapagain recited the resolution passed by the national symposium of endangered and highly marginalized people in Kathmandu. Among the speakers, Mr. Keshav Chaulagain, representative of Nepali Congress Party, said that programmes and policies should be launched not from basis of caste and community but from the basis of class. There are rich and poor in dalit, ethnic group and even in Brahmin. Some ethnic and indigenous people are rich than Brahmins and Chhetris. So government should be aware for not awarding the advantage of reservation policy to the powerful and elite within the community. The real needy should not remain marginalized always. Speaking on behalf of women participants, Ms. Nara Devi Gahatraj expressed that dalit’s issue is more sensitive than indigenous community’s issue, as they don’t have their own language and culture. They are socially discriminated even from such community. However, she also advocated for the rights of marginalized community. Before concluding the programme, Asst. Prof. Aryal clarified the issues raised by the participants and stakeholders. Chairperson of the program, Mr. Tek Bahadur Jirel concluded saying that it is really appreciable that a college with the help of its students are working for the rights of endangered and marginalized community. The college has taught its student, provided them with opportunity to study and learn and fight for the rights of people at the same time. He urged all the participants to take part in the constituent assembly election and to express their commitment through behaviour, not only from words. | ||||||||||||||||||||||||||||
| Regional Level Dissemination Meetings in Biratnagar | ||||||||||||||||||||||||||||
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Kathmandu School of Law organized a regional level dissemination meeting in Biratnagar to publicize the report on legal and constitutional proposals prepared by KSL after analyzing the laws relating to land holdings; employment in police, military and civil service; access to justice; and citizenship focusing on endangered and highly marginalized community. The report was prepared in consultation with lawyers, rights activists, law professors, representative association of marginalized communities and concerned stakeholders and was endorsed by the three-day national symposium on Marginalized Communities' Agenda in Constituent Assembly held in Kathmandu from 31st January, 2008. The papers included analysis of laws and amendment proposals relating to land holdings; employment in police, military and civil service; access to justice; and citizenship and role of Constituent Assembly. Highlighting on the importance of the research study and objective of the programme, Mr. Pradeep Pathak from KSL underscored the need of bringing the issues of endangered and highly marginalized community in national discussion and making it an issue of priority and concern of all political parties. He also asked all the representative associations of marginalized communities, civil societies and professionals to sensitize the communities about their legal and constitutional rights and the difference they can make in their lives through Constituent Assembly. "It is high time to ask for the commitment of the candidates of the CA election to advocate and lobby for the constitutional guarantee of the rights of the endangered and highly marginalized community in Constituent Assembly," he added. Representative of Dhimal community and also a participant of the National Symposium Mr. Bhuwan Kumar Dhimal recited the resolution passed by the symposium and asked for the commitment of political parties and all stakeholders to involve in its advocacy in the upcoming constituent assembly election and thereafter while Mr. Baldev Chaudhari informed the participants about the national symposium and the discussion made therein. Talking on behalf of the seven parties, Mr. Naresh Pokhrel, District Secretary of CPN (UML) lauded the effort of KSL and expressed his commitment to consider the issue positively in all party programmes and activities. He also criticized the culture of not abiding by the commitments. "It is high time to institutionalize the sentiments of the peoples' movement and the CA election can be an effective forum to address all these problems", he said. Other speakers at the programme were Rambabu Niroula, President of Appellate Bar Association; Harinarayan Chaudhari, representative from District Bar; advocate Devi Ghimire on behalf of Human Rights Association; Yagya Sharma on behalf of journalist community; Indra lal Urau on behalf of Urau Community; Bishnu Murmu on behalf of Santhal Community; Mahendra Prasad Mandal on behalf of Dhanuk community etc. Representative of Regional Committee of Nepal Federation of Indigenous Nationalities and representative of Majhi community also expressed their commitment to advocate and lobby for the institutionalization of the rights of the endangered and highly marginalized communities in the upcoming constitution. | ||||||||||||||||||||||||||||
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| CoCAS Activity Highlight | ||||||||||||||||||||||||||||
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Center for Legal Research and Resource Development (CeLRRd) recently concluded a Voter Education Refreshment Training and Networking Meeting for CA election under Coalition for Constituent Assembly Support (CoCAS) in Biratnagar on 15 and 16 February, 2008 respectively. Advocate Kumar Sharma Acharya, President, CeLRRd, and Advocate Sukhadev Sapkota, Central Program Coordinator, CeLRRd participated in the programmes on behalf of CeLRRd. Mr. Navin Limbu extended a warm welcome to the participants. Advocate Hemraj Pant, Coordinator, Regional Office, CeLRRd made highlights on the objective of the program mentioning that such training would be crucial in creating wider awareness about constituent assembly election to the community. Mr. Baldev Chaudhary, Central Member, CeLRRd highlighted on Basis of Free and Fair Election, Civil Voting Rights and its Importance, Importance of Voting Rights in the case of Constituent Assembly Election, Communication Rights and Duties of Political Parties and Candidates, State's Rights and Duties. Advocate Sukhdev Sapkota facilitated to display the flip chart and provided guidelines on method of its use. Advocate Kumar Sharma Acharya made a brief highlight on the legal provisions of elections like voter List Act 2063, Information Right Act 2064, Constituent Assembly Member Election Ruling 2064, Constituent Assembly Member Election Act 2063, Constituent Assembly Court Act 2064 etc. Then Mr. Mahes Raj Timalsena, Regional Director of Election Commission put his view on voting process and management in constituent assembly election; the importance of secret voting and its importance, ballot paper and voting box, process of voting, vote counting, observation and writ process. Then Mr. Navin Limbu provided orientation to facilitators to conduct district refreshment training and conduction of public dialogue using Do No Harm (DNH) theory to the community. 27 participants including leaders of the marginalized community, right activists, members of civil society were present in Voter Education Refreshment training from 13 districts. Network Meeting was held the following day among 23 participants. The agenda of the meeting were the public dialogues after postponement of project, CoCAS Action Plan and Impact Assessment. In the meeting it was decided that the district level voter education refreshment training should be completed by 27 February, voter education at local level should be completed by 28 March and a complete report should be submitted to CeLRRd, Regional office Biratnagar by 7th of April. Other decisions were made on the logistic and financial aspects of the project. | ||||||||||||||||||||||||||||
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Online Discussion |
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Asst. Prof. Raj Kumar Suwal, KSL Recently a news was published ('Uchcha Madhyamic Shikshya Parisad le Prashna Patra Pustak Prakashan Garne', Samaya Samaj Weekly, 4 February 2008) with the information that the Higher Secondary Education Council (HSEC), Government of Nepal is going to publish a book for students of Higher Secondary level compiling the answer sheets of the students who scored highest in the exam. According to the news, HSEC will publish the answers written by the students in their respective subjects for particular questions in that book. Mr. Ram Sagar Yadav, Vice-Controller of Examination, HSEC said that in course of publication of the book, HSEC will select the answer sheets belonging to topmost students who scored higher marks in the respective subjects. Those answer sheets will be put forward to the Subject Committee which will finalize the paper after making consultation with specialists of the respective field. However, the Subject Committee has no provision of involving students whose answer sheets are going to be published. The Committee has not deemed it necessary to take consent of the students to publish their answer sheets. It means that there will be no reference about wherefrom that answer sheet has been taken and who is the writer? The book will contain the answers without the name of student who has answered the question. Neither HSEC has regarded the issue of the copy right while publishing the answer sheet nor has it thought of providing remuneration to those students. The copyright will, obviously vested to the HSEC on the published book. Answer sheet of students is considered to be the original literary work under the copyright law. The law provides economic as well as moral rights to those students whose answer sheets are going to be published including right to be named as author. Copy right law protects an original work of the creator for his/ her whole life and even after fifty years of creator's death. The copyright in original literary work will last after fifty years from the first day of following year of the year of author’s expire. Therefore, issues to be raised are: 1. Whether the students have copyright on there answer sheet or not? 2. Whether the HSEC can do such things that contravene the copyright of the students? 3. Whether students should get reasonable remuneration from publication of their answer sheet by the HSEC? 4. What will be the impact of such activities in the field of education, culture, and copyright as well as to those students whose work is going to publish by HSEC? 5. Is it public issue or personal one? | ||||||||||||||||||||||||||||
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Kathmandu School of
Law / Telephone
: 977-01-634455/6634663,
2042268 | ||||||||||||||||||||||||||||
