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

KSL announces admission open in its one year interdisciplinary  M.A.  in Human Rights and Conflict and International Humanitarian Law. Candidate holding Masters Degree in any discipline is eligible to apply for the course. For more detail visit <<http://ksl.edu.np/program_ma.asp>>

News

Training for Paralegals

KSL Clinical Legal Education Program (CLEP) organized a three days Residential Training on Role of Paralegals in Strengthening Pre-Trial Legal Aid to Marginalized Groups. The program commenced from 11 May 2008 targeting KSL students who were selected as paralegals to work under CLEP. This training program was a part of the support from USAID Rule of Law program through TAF.

Inaugural session with key note speeches from resource persons and guests was followed by presentation of thematic papers.  Associate Professors Dr. Yubaraj Sangroula, Prakash K.C, Geeta Pathak, Asst. Prof. Rita Mainaly, and Mr. Ben Reed, Rule of Law Specialist, TAF were the speakers at the program. Session began with the presentation on Basic Concept of Clinical Legal Education Program (CLEP) by Dr. Sangroula. He highlighted the roles and mandates of students in promoting the rights of people and the way they could contribute in social engineering. Hon'ble Justice Om Subedi, Appellate Court made presentation on Independence of Judiciary and Judicial Trend Regarding Protection of Rights of Accused in Nepal. He highlighted the principles of independence of judiciary in accordance to many national and international instruments which Nepal has ratified. Although the practice is lacking far beyond those instruments, it should be corrected and reformed in order to ensure independence of judiciary and to protect human rights of every individual. Similarly, Asst. Prof. Narayan Sharma talked on How Legal Profession is Different to Other Professions? He highlighted on the responsive role of legal professionals in every issues of the society.  The session was chaired by Madhav Prasad Acharya, Professor In Charge, KSL.

Session on the other day started with presentation on Concept of Criminal Justice System by Prof. Madhav Prasad Acharya. He said that developmental process of criminal justice from an inquisitorial to the adversarial system in context of Nepal was progressive; but in some aspects reforms are needed in laws. He further highlighted the importance of legal aid during detention to ensure fair trial. Next presentation was on Investigation Trend in Nepal by Mr. Ganesh Regmi, DSP, Nepal Police.  He acquainted participants with the overall procedure of investigation of the case starting from the preliminary police report or FIR. Associate Professor Geeta Pathak Sangroula took the session on Basic Concepts of Fair Trial from Human Rights Perspectives. Further, Asst Prof. Kapil Aryal added information regarding pre trial rights. Mr. Surya Nath Adhikari, Deputy Attorney, took the session on Prosecution Trend in Nepal. He focused on the provision of laws in respect to the activities of the prosecutors in Nepal and the present practice.

Third day started with the discussion on Client Counseling. Dr. Sangroula facilitated the session and highlighted the fundamentals of client counseling and interviewing. Later, Mr. Ben Reed, informed participants about the Case Management System in Nepal. Guidelines and job description of the paralegals were told by Asst. Prof. Ram Prasad Aryal.

At the end of training, observation visit to the District Police Office, District Court, and Office of Attorney General at Bhaktapur was organized. Physical and working condition of these offices, their functions, procedures they applied were observed and studied. The three days training program ended with simulation of basic theories and practices of Nepalese Legal system as guidelines to the work of paralegals in the days to come.

Participants and Resource Persons of the Training

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The novel Shisir ma Phuleko Gurans written by Dr. Yubaraj Sangroula was officially launched on 19th May 08. The novel with philosophical and realistic flavor was welcomed in the modern literary genre amidst huge applause from the literary laureates of the country.

Mr. Shyam Prasad Sharma, senior literary laureate chaired the program. Renowned writer, Til Bikram Nemwang, popularly known as Bairagi Kainla, acted as Chief Guest. Dr. Sanjeev Upreti, Ms. Sudha Tripathi, Asst Prof Rudra Kharel and Prof Victor Pradhan were present as commentators of the novel. Senior Journalist Gopal Guragain, Critics Khagendra Sangroula and Hem Raj Gyawali shared their views on the novel as guests.

The launch commenced with the introductory documentary show and dramatic performance of one chapter of the novel. Mr. Ram Chandra Phuyal and Journalist Raghu Nath Lamichhane, language editors of the novel highlighted the overview of the novel. They accredited that the novel in true sense has been able to depict the real situation of the present Nepal and analyzed the problems and possible solutions to overcome.  

Dr. Sanjeev Upreti equated the novel with the manuscript of present Nepal and viewed the novel as sculpture of current political consciousness. Portraying the socio economic changes the people are undergoing, the novel has been remarkable in raising voice for 'subalterns'- those who could not speak. Suggesting the writer about few technicalities of literary writing to take into consideration, he said that the few technical slip-ups have been overshadowed by the substantive aspects of the novel.    

Ms. Sudha Tripathi added that the novel has been successful to make reader feel that his/her own thoughts have been portrayed in the canvas of writing. The novel does not follow the conventional style of writing and has created a new paradigm in literary writing. The writer is sensitive in dealing with every issues of the society and has given logical insight to the problem.

Assistant Professor Rudra Kharel said the novel has been successful to depict the defective legal and judicial system of Nepal and how poor people have been consistently victimized by it.  The dialectical aspects for co- existence is shown in the novel.

Professor Victor Pradhan said success of the novel lies on its 'time value'. The novel is a creation of a successful lawyer based upon a philosophy of justice. The novel has come out in the right time as a right thing is always argued by a successful lawyer at the right time. Terming the novel as an Encyclopedia to get reader familiar with rural parts of Nepal, he apprehended the hard effort of the writer and appreciated the cohesive flow of expression. 

Guest speakers, Mr. Gopal Guragain, Mr. Khagendra Sangroula and Mr. Hem Raj Gyawali said the novel demands for progressive change and advocates humanity, selflessness and patriotic attitude.  

Chief guest Bairagi Kainla envisioned the novel will inspire reader to work for better future of Nepal. Then the writer Dr. Yubaraj Sangroula expressed his gratitude to all speakers for valuable comments and suggestions that has motivated him to write more in future.  Senior Laureate Shyam Prasad Sharma concluded the program urging participants to read, internalize and implement the ideas reflected in the novel.

Dignitaries on Dias

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As the country is stepping ahead towards a total restructuring and/or reconstruction, its ramifications can be seen in various issues and locations. Center for Legal Research ad Resources Development (CeLRRd) too with the agendas of reshaping the organization held a Special General Assembly on 24^th May, 2008 within the premises of Kathmandu School of Law in the chairperson ship of Rita Mainali. All founder members, advisors, executive committee members, honorary and general members and few other invitees had attended the meeting. The primary agenda was to constitute a new executive committee; others were in relation to extending memberships, forming KSL-CeLRRd committee, defining five working areas of CeLRRd, and sketching the organization's work plan, and also managing projects.

The meeting formulated 9 member new Executive Committee given as follows:

Geeta Pathak Sangroula , President

Kumar Ingnam, Vice- President

Anjan Kumar Dahal, Secretary

Rammani Gautam, Treasurer

Yamuna Bhattarai, Member

Baldev Chaudhary, Member

Phulmaya Ranabhat, Member

Jhabindra Prasad Poudel, Member

Netra Bahadur Tamang, Member

37 persons from different corners of the country were given new memberships. CeLRRd now has 63 members. To facilitate KSL students in helping CeLRRd's activities and projects, KSL-CeLRRd committee was formed thereby providing it legitimacy.

It also verified five areas of interest that CeLRRd would be working in, and accordingly formed 5 respective committees: 1) Legal Education and Professionalism Promotion Committee, 2) Legal Aid and Access to Justice Committee, 3) Gender Equality Committee, 4) Inclusion and Good Governance Promotion Committee, 5) Juvenile Justice Committee. Respective issues' experts formed the panels.

Similarly, to look into the overall aspects of CeLRRd like handling projects, addressing other issues relevant to staffs and members, a Steering Committee involving Director, President, Treasurer, Secretary and concerned Programme Coordinator was decided to be formed. The Committee would then form a guideline while addressing any issue. Finally, the meeting ended with a note of thanks to the former executive committee members followed by some words from Ms. Sangroula, the newly elected president.

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Dr. Sangroula releasing the journal

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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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Kathmandu School of Law          / Telephone : 977-01-634455/6634663, 2042268
Dadhikot, Bhaktapur                   /   Fax           : 977-01-634801
Kathmandu, Nepal                     /   E-mail       : info@ksl.edu.np        Web   :  www.ksl.edu.np