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| Activities
and Achievements |
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First
KSL Products Appeared in Bar Council
Exam
KSL gained its sixth year maturity
by brining its first product in
the legal profession.All students
of LL.B first batch who appeared
the Bar Council examination successfully
passed out also securing the top
most position Mr. Narayan Chaulagain
of KSL stood first among the 585
examinees.
First : Narayan Chaulagain
Second (Women group) : Pratima Kandel
Passout Students :
- Rajeshwor Shrestha
- Kamal Guragain
- Mukesh Dhungana
- Ramesh Parajuli
- Lekhnath Bhattarai
- Krishna Katwa |
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Visit
by Education Minister
Mr. Radha Krishna Mainali, Minister,
Ministry of Education paid an observation
visit to KSL to obtain information
about system of legal education
and activities of KSL. Assoc. Prof.
Yubaraj Sangroula highlighted the
academic programs and curricular
activities being conducted by the
school and particularly addressed
the lack of policies of Nepalese
universities in terms of status,
recognition, and facilities provided
to the affiliated colleges and schools.
Appreciating the development made
by KSL, Mr. Mainali expressed his
optimistic view on the issues stating
that the government is preparing
for national academic plan in this
regard. |
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Training
on Skills and Techniques for Monitoring
of Fair Trial Rights
Experts of KSL facilitated the
three days training program on “Skill
and Techniques for Monitoring of
Fair Trial Rights”, organized
by CeLRRd in support of The Asia
Foundation, Nepal. The program oriented
to strengthening the fair trial
situation in Nepal through enhancing
the monitoring role of National
Human Rights Commission. A total
of 52 participants comprising of
officer level staffs of NHRC, defense
lawyers, civil society-based human
rights defenders, government attorneys
covering different development/
administrative regions of Nepal
participated in the program. |
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Advocacy Training for New Lawyers
of Bar Council
KSL organized a three days moot
court training program, for the
new lawyers who recently passed
out Nepal Bar Council Exam on 27th
June 05. This training program,
which explicitly focused to orient
the novice advocates on advocacy
skills and mooting techniques, was
organized upon the request of Nepal
Bar Council. A total of 27 participants
participated in the training program.
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Official
Establisment of Prof. Dhurba Bar
Singh Thapa Scholorship Fund
Official establishment of Prof.
Dhurba Bar Singh Thapa Scholarship
Fund was established by students,
faculties and staffs of KSL. The
fund is intended for indigent intelligent
students to pursue their academic
career. Late Thapa’s family
declared to deposit two hundred
thousand rupees in the said fund.
Similarly, different organizations
and individuals have contributed
amounts in this fund. The royalty
collected by the sale of books written
by Assoc. Prof. Sangroula is being
contributed in this fund. |
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2nd
Winter Residential School on Socio
Economic Rights & Good Governance
KSL organized a seven days 2nd
Winter Residential School on “Socio
Economic Rights and Good Governance”
from 18th November 05 at Nagarkot
for the law students in order to
address the socio economic issues
of the community and to explore
innovative ideas to overhaul the
setbacks seen in socio economic
rights and good governance through
in-depth academic discussions and
interactions.
National and International experts
of the similar field acted as Resource
persons for the program. Students
from KSL and Indraprastha University,
New Delhi participated in the program.
At the end of the same program,
two students from KSL, Ms. Antara
Singh and Barun Ghimire bagged award
entitled “Nation’s Future
Human Rights Lawyer”. |
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Program
addressed by representative of OHCHR
Mr. Ian Martin, Representative,
OHCHR officially released the book
entitled Concepts and Evolution
of Human Rights: Nepalese Perspective
by Yubaraj Sangroula on 3rd Oct.
2005 at KSL. On his remark, Chief
Geust, Mr. Martin appreciated KSL’s
effort in protection and promotion
of human rights and stated that
OHCHR and KSL can be integrated
in this mission. Reviewing on the
book Asst. Prof. Khagendra Prasai,
KSL commended on the book stating
it as a comprehensive research oriented
literature in human rights. Mr.
Hem Raj Gyawali, Chairperson, Kantipur
Publication made remarks on the
book by saying it as a research
based literature on concepts, values
and practices of human rights. KSL
faculty and students including dignitaries
from national and international
organizations, media personnel and
advocates participated in the program.
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Free legal aid to Indian and Nepali
Nationals
The Memorandum of Understanding
(MoU) was signed between Legal Aid
Services-West Bengal (LASWEB), India
and Kathmandu School of Law (KSL),
Nepal to provide free legal aid
to Nepali citizens needing such
aid anywhere within the territory
of India by LASWEB and to citizens
of India needing such legal aid
anywhere within the territory of
Nepal by KSL. The MoU was signed
on 28th December 2005 by Justice
D.K Basu representing LASWEB and
Assoc. Prof. Geeta Pathak Sangroula
on behalf of Kathmandu School of
Law.
The MoU offers aid for citizens
of India needing legal aid in criminal
cases in Nepal who are unable to
secure it for want of money. Similar
legal aid will be provided to the
Nepalese in similar circumstances
by LASWEB in India. KSL and LASWEB
are entitled to decide eligibility
and other necessary arrangements
for providing the aid to the needy.
The agreement was signed at the
end of the conference on 'Cross
Border Migration and Protection
of Human Rights among the Neighbors
in South Asia' held from 26th to
28th December 2005 in Bangladesh.
The conference was organized by
Bangladesh Legal Aid and Service
Trust (BLAST). The conference dealt
with diversified issues of cross
border movement and human rights
with country presentation by representative
of the respective South Asian Countries.
Assoc. Prof. Geeta Pathak Sangroula,
on behalf of KSL, presented a paper
on "Access to Justice to All:
Scenario of Criminal Justice and
Legal Aid in Nepal" from human
rights perspective. The major focus
of her presentation included; concept
of legal aid as human rights for
all, protection of migrants: objective
analysis, commitment of Nepal towards
human rights standards, legal measures
for the protection of migrants,
scenario of progress of prisoners
legal aid program being conducted
by KSL in cooperation with CeLRRd,
DIHR and DANIDA.
According to her, 6000 cases (since
1998-2005) represented by CeLRRd/KSL,
which also include about 200 cases
of foreign nationals; formation
of legal aid network in the country
as institutionalizing the legal
aid; and MoUs with BLAST and LASWEB
are important indicators to illustrate
the scenario of prisoners legal
aid program as a viable and most
useful program in the country and
South Asian regions at large.
KSL and BLAST also entered into
the MoU on 19/04/2005 recognizing
the need of expanding the legal
aid service within South Asian Region
and promotion of human rights in
their respective countries.
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KSL
Student bagged Excellency Award
in Bangladesh
Mr. Apurba Khatiwada, LL.B 2nd
year student of Kathmandu School
of law was awarded Professor Z.I.
Chowdhury Memorial Trophy for Academic
Excellence after his adjudgement
of academic proficiency in the program
entitled 6th Human Rights Summer
School organized by Empowerment
Through Law of the Common People
(ELCOP), from 14th to 26th December
2005 in Koitta, Manikgunj, Bangladesh.
Students from Kathmandu School
of Law for the third time participated
in the Sixth Human Rights Summer
School (HRSS), which covered the
theme of “Non-State Actors
and Human Rights”. With Seven
other Universities from Bangladesh
and India, students from KSL, Apurba
Khatiwada, Niranjan Adhikari, Rajib
Sangraoula, Pravinata Osti and Suprity
Timilsena, were among forty-Seven
student participants. Assoc. Prof.
Geeta Pathak Sangroula acted as
the resource person on behalf of
KSL for the program.
With the theme of Non-State Actors
and Human Rights, and with the pursuit
of turning law students into ‘human
rights militant’ with ‘rebellious
Lawyering’ HRSS proved to be
an edifying platform for students,
who were involved in the intellectual
discourse on various contemporary
issues of human rights. As this
year’s HRSS covered Non-State
Actors and Human Rights, more stress
was given to the importance of Non-State
Actors such as NGOs, MNCs, Civil
Society in preserving Human Rights
of the people. At the mean time
the real picture of the current
situation regarding Non-State Actors
and Human Rights was also portrayed,
showing some dismal and some really
bright examples in this regard.
Even though a definite theme of
HRSS was in place, still students
were oriented in various aspects
of Human Rights, such as historical
antecedent of Human Rights, Implementation
mechanism of International Bill
of Rights and so forth, so that
a definite outcome for students
was inevitable. Moreover, participants
were also taken in actual setting
through community visit Programme
on 23rd December 05, which also
provided Human Rights education
with new dimension.
During their participation in HRSS,
students from KSL along with other
participants were also involved
in various group activities. Students
started the first day with the drafting
of the Fundamental Charter of Rights
and Duties of the people of Adhikarbhumi.
Then with every new day participants
were involved in group exercise
covering wide array of contemporary
social concern especially issues
regarding Human Rights of the people.
All participants, from KSL, were
also involved in Moot court competition,
which definitely sharpened the mooting
capabilities of students and introduced
them to the possible areas of improvement
in this regard. Apart from collecting
the Moot Court experience, students
at the end of the Programme were
motivated to be a Human Rights militant
and realized their responsibility
towards the people of the society
as a Lawyer or as law students.
With the experience of street Law,
community work, moot practice in
human rights issue, theoretical
background on Human Rights and various
Non-State Actors, participants felt
really fortunate in being part of
HRSS.
The sixth summer school of HRSS
concluded with the adoption of the
charter of the fundamental rights
and duties and the sixth HRSS declaration
on the 26th of December 05. On the
very day some participants were
also awarded for their distinguished
participation in the Summer School
and in this term Apurba Khatiwada,
LL.B 2nd year student of Kathmandu
School of law was awarded Professor
Z.I. Chowdhury Memorial Trophy for
Academic Excellence, after securing
highest mark in the test so given
to the students covering the scope
of 6th HRSS and other relevant Human
Rights issues.
To the pride of KSL, Mr. Ram Sharan
Pokharel and Ms. Sadhana Ghimire
were awarded by Best Performance
Trophy and Fellowship Award in the
year 2003 and 2004 respectively
in the same program.
Report by: Apurba Khatiwada on
behalf of team |
British
Ambassador addressed Talk Program
in KSL
A talk program on International Support
for Peace Building and Consolidation
of Rule of Law organized by Kathmandu
School of Law as a regular curriculum
concluded on 16th June 2005 at the
KSL premises.
HM Ambassador, Keith Bloomfield,
British Embassy, addressed the program.
The program commenced with the
welcome speech by Mr. Yubaraj Sangroula,
Executive Director, Kathmandu School
of Law. Mr. Sangroula welcomed all
the guest speakers and participants
to the institution. He thanked the
Ambassador for accepting the request
to speak to the faculty and students
of the college as the college holds
the culture of having dialogue on
different issues. He gave a brief
highlight of the institution, its
various programs, its centers, community
activities involved in and its role
in significantly contributing to
generate legal resources contrary
to the tradition of wearing coats
and going to courts.
British Ambassador delivering his
speech in the talk program at KSL
premises
Richard Miles, Senior Adviser, Nepal
Police Development Project, DFID
further made remarks on the Policing
System and the difference that exists
between the policing system in the
UK and in Nepal . Differences such
as in recruitment, qualification,
pay structure , promotion were talked
about.
The British Ambassador thanked
Kathmandu School of Law for inviting
him to speak on a subject close
to his heart and the future of Nepal.
He said that everyone in Nepal want
an end to violence. To achieve this
he suggested the exercise of toleration
and forgiveness.
He mentioned that all desire for
a durable solution to conflict.
But should it be through the defeat
of one side or the other, or should
it be through strengthening of the
bulwarks against terrorism and authoritarianism?
Further he questioned whether socio-
eco- political constitutional changes
should be made through democratically
based dialogue or dictated from
above by a ruling elite? On this
he said that UK firmly believes
that democracy is an answer to all.
Talking of rule of Law he gave
the essential criterions as:
- Creating an effective and fair
criminal justice system
- Protection of Human Rights
- Ensuring functional correction
system
- Establishing Legitimate Political
System
The Obstacles to maintain Rule
of Law that he mentioned were:
- Leaders who refuse the creation
of rival centers of authority
- Corruption
- Criminality and Terrorism
Further more speaking in the context
of Nepal he mentioned that the rule
of law is in crisis. He said respect
of Rule of Law and Democracy are
key elements for Peace Process.
So they need to be understood and
worked out if it is to be successful.
Similarly he said that terrorism
and authoritarianism is a threat
to the peace process.
He said reform is difficult without
consensus and in the absence of
desire on the part of one who has
to be reformed. He also mentioned
about the role of various International
Organization in maintaining the
Rule of Law. He concluded his remarks
by mentioning about UK developmental
projects to bring about reform in
these sectors. The program came
to an end with the closing remarks
by Prof. Madhav Prasad Acharya who
on behalf of all the staff, students
and teachers of Kathmandu School
of Law thanked the guests for interacting
with the teachers and the students. |
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MA
in Conflict and International Humanitarian
Laws
The university faculty board, Purbanchal
University, granted approval to Kathmandu
School of Law to launch MA Program
in Conflict and International Humanitarian
Law, and in Human Rights from the
session 2006. The programs have been
designed to provide students with
in-depth research knowledge on the
subject with 600 credits. The International
Humanitarian Law curriculum covers
following subject topics:
International Humanitarian Laws
and Implementation
International Criminal Law and
Court System
Protection of Women and Children
in Armed Conflict
Conflict Resolution (Principles,
Norms and Practices)
Field Research and Reporting
Dissertation
The topics cover wide range of
areas such as international humanitarian
tools relating to the protection
of people, property, and environment
in the time of armed conflict; dynamics
and impacts of conflict, jurisdiction
and performance of the international
criminal tribunals from Nuremberg
trial to Rome statutes etc.
Similarly, the Master degree program
in Human Rights aims to build up
a qualified human resource to contribute
in the area of human rights with
a correct concept, essential contents,
including practical strategies for
the implementation of human rights
in general and, in the context of
Nepal in particular. The program
has wider scope as it is an interdisciplinary
course and covers broad areas of
human rights.
The programs are gaining recognition
within and outside the country.
KSL shares its gratitude to the
organizations that have supported
in launching this kind of program.
ICRC/Nepal, EU are to name a few
in this regard.
Case Study: detainee released by
Supreme Court
Mr. Ram Kumar Bhandari, illegally
detained by the order of the Chief
District Officer, in terrorism case
was released by the Supreme Court
with support from KSL prisoners
legal aid clinic on November 2004.
The Clinic had filed habeas corpus
writ at the Supreme Court on the
ground that he was illegally detained
by the administrative authorities
in their subjective satisfaction
by applying terrorism and disruptive
activities ordinance 2061. He was
detained in investigation centre
Sundarijal Kathmandu.
Supreme Court after observing all
the process and ground of detention
found that Mr. Bhandari was subjectively
detained, and thus issued the habeas
corpus writ in the name of Chief
Administrative Officer. He was released
from the detention on 8th June 2005.
Advocate Ram Prasad Aryal has represented
the case on behalf of KSL, Prisoners
Legal Aid Clinic.
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| Residential
Research Seminar for LL.M: |
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May 2005 in Nagarkot for newly
admitted LL.M students. The program
aimed to intensively familiarize
students with ideas of empirical
research and research models and
methodologies, and to develop skills
of taking field research.
The program started with Pre- test
and Scientific Writing Test to evaluate
the original academic quality of
the participants. Associate Professor
Yubaraj Sangroula made a presentation
on the importance of Scientific
Writings stating that judiciary
is facing grave problems in writing
judgements and judicial orders due
to lack of this. Research writings
should avoid ambiguity, and doubtfulness,
he underlined. Khagendra Prasai,
Assistant Professor delivered his
lecture on Science & Commonsense
and the Difference between Theory
and Practice followed by the presentation
on Qualitative & Quantitative
Research by Yubaraj Sangroula. The
session was followed by group discussion.
During the program, participants
were taught in different Topics
viz. Research & Research Problem/
Theory/ Facts / Data, Variable /
Grounded Theory/ Sampling (Exercise)/
and Data Collection Technique. Mr.
Sudeep Gautam, Asst. Prof. conducted
session on Sampling and its Use
in Empirical Research. Additionally,
the class focused on the different
topics such as Group Discussion
on Logic, Generalization and Abstraction.
Moreover, the Classes on Report
Preparation, Analysis and Presentation
of the Report and Language Sensitivity
were conducted. Groups were formulated
for the field work on identified
topic and presentation of the Research
Reports followed thenafter. Mr.
Babu Varghese, representing the
Business and International Trade
Law Students, presented his group
research report on "Seasonal
Hotel Occupancy at Nagarkot".
Mr. Sukh Dev Sapkota, representing
the Criminal Law and Justice Students,
presented research report on "Awareness
on Child Marriage in Baluwapati
V.D.C." Similarly, Mr. Samir
Raj Ghimire, on behalf of Human
Rights and Gender Justice Students
, presented research report on "Child
Education :Discrimination on the
Basis of Sex". Feedbacks upon
the Report were provided by the
Resource Persons and students in
regard to these presentations.
A Team comprising of Associate
Professor Yubaraj Sangroula, Executive
Director, Asst. Prof. Sudeep Gautam,
Asst. Prof. Khagendra Prasai, Asst.
Prof. Rabindra Bhattarai, Asst.
Prof. Bhoj Raj Bhatt, Assistant
Professor, Asst. Prof. Saroj Krishna
Ghimire, were resource persons at
the program.
The seminar has empowered the participants
by making their involvement in the
empirical study to know about various
specific components of Research
and to increase the critical logical
thinking of the students. |
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6th
KSL Annual Day
6th KSL Annual Day on 19th April, 2005 concluded
with signing a MoU between Bangladesh Legal Aid
and Service Trust (BLAST) and Kathmandu School
of Law (KSL) to provide legal aid to the indigent
Nepali citizens needing such aid anywhere within
the territory of Bangladesh by BLAST and to the
citizens of Bangladesh needing such legal aid
anywhere within the territory of Nepal by Prisoners
Legal Aid Clinic of Kathmandu School of Law. Another
MoU between University School of Law and Legal
Studies, New Delhi and Kathmandu School of Law
was signed recognizing the need of developing
academic partnership to strengthen quality legal
education and promotion of human rights in their
respective countries.
The program officially declared "Prof. Dhruba
Bar Singh Thapa Schlorship Fund" which was
established by students, faculties and staffs
of KSL in order to provide scholarship to the
indigent intelligent students to peruse their
academic career. Late Thapa's family, at the program,
declared to deposit two hundred thousand rupees
in the said fund. The book entitled Nepalese Legal
System: Human Rights Perspective by Yubaraj Sangroula
was also released at the program by the Chief
Guest Gert Meinecke, Charge Affairs, e.p., Royal
Danish Embassy, Nepal.
Additionally, the program maintained its trend
of honoring proficient personality who has excelled
in their academic or professional career by honoring
Mr. Sitaram Adhikari, Reader Tribhuwan University.
Mr. Adhikari has unwaveringly contributed half
age of his life in teaching legal English in TU
and Kathmandu School of Law and served number
of books in English literature such as Modern
Essential Dictionary, English at M.S.U, Bhaktiyoga
in Bhagabatgita: An Outline to name a few. Similarly,
the program awarded students of LL.B and LL.M
securing highest mark in annual examination. The
program was also addressed by the keynote speech
by different dignitaries.
Commending on the activities of SALS Forum, Chief
Guest, Gert Meinecke also expressed his appreciation
for KSL for its remarkable work in providing Legal
Aid. He talked about the three currently running
projects by Danish Embassy viz. Criminal Justice
System, Mediation and Legal Awareness. According
to his Excellency, Criminal Procedural Guidelines
(CPG) compiled by CeLRRd contributed significantly
in bringing the actors of Criminal Justice System
in one platform. He further said that justice
system involves private sectors and public stakeholders
and that rule of law can only prevail by providing
easy access to justice and equality before law
and values being protected by international organizations.
Constitution should be value based. Without shared
values there is no democracy, the constitution
is not in full effect the moment fundamentals
of democracy are out of place, he underlined.
He also said that conflict between political forces
is normal in order to transform it. At the end,
he congratulated all the students and those being
awarded.
Addressing the program, Prof. Dr. Nomita Agarwal,
President SALS Forum, Dean Law Faculty, Delhi
University, India congratulated KSL for achieving
so much in this five years. On assessing KSL she
points out ten remarkable aspects of it to be
a distinct: Extensive research work that is lacking
in other parts of the law schools in the region;
Community based education; all kinds of legal
awareness program; exposure given to students
and teachers; faculty exchange program; excellent
building; team spirit; taking upcoming subjects
like Human Rights; establishing different research
centers; and hospitality.
In her speech she emphasized that it is imperative
for everyone to gain knowledge of law. She further
mentioned that since clinical legal education
is necessary, universities have switched to it
because it has wider goals to uphold the basic
elements of professionalism. She talked about
12 different teaching methods adopted in the South
Asian region such as discussion method, role play,
report back session method etc. At the end of
her remarks she proposed for collaboration between
Delhi University and KSL and appealed to all to
take faculty of law of Delhi University as their
own faculty.
Prof. M. Afzal Wani, Dean, University School
of Law and Legal Studies, Guru Govind Singh Indraprastha
University, India, expressed his belief that there
is lot many prospects and areas where two institutions
could collaborate. He said that South Asian Region
is very rich in traditional knowledge with its
own Jurisprudential values and that we should
preserve them in documents. He stressed that we
could train our students together and has partnership
with other law schools focusing on region's prime
issues. He added that modalities could be worked
out for some winter and summer programs in this
regard.
In his key note speech on Legal Education and
Legal Aid in South Asian Region, Justice Naimuddin
Ahmed, former justice, Supreme Court, Bangladesh
highlighted on importance of Legal Education and
Legal Aid in the present context of South Asian
region. According to him, without legal education
we become victims of exploitation. He added that
lawyers need to be equipped with modern laws and
legal education and should not limit them in foundation
training. He gave instances of the present legal
practitioners who have been losing values with
emphasis that with legal education values have
to be restored.
August Von Born Millard, Team Leader, Democracy
and Governance, USAID/Nepal gave a short speech
expressing his willingness to work with Kathmandu
School of Law. He made a suggestion to form an
alumni association in order to establish a foundation
for continuous support to the school.
Toran Bd. Karki Vice Challencer, Purbanchal University
express his gratitude for the college premises
along with the remarkable progress that the college
has made within a short span of time. Prof. Madhav
Prasad Acharya, President, KSL gave a concluding
remarks by saying that the students have the responsibility
to drive the nation's future. He expressed his
gratitude towards the teachers and staff of the
college and appreciated the guardian's motivating
presence and also expressed thanks to the dignitaries
for their encouragement.
This formal session of the program was followed
by the cultural program by the students.
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Motivation
of Youths for Peace and Democracy
A two days discussion programme on Motivation
of Youths for Peace and Democracy from different
walks of life was held on 29th and 30th March
2005 at Kathmandu School of Law (KSL). The main
objective of the program was to motivate and activate
youths through civic education for their participation
in conflict transformation and peace building.
It was aimed to prepare youths for peace building.
The programme covered the aspect of philosophy
and science, democratic values, electoral system
and leadership development, and human rights concept.
Assistant professor Khagendra Praisai (KSL) delivered
lecture about Philosophy and science. He stated
that a cause of poverty is the reluctance over
philosophy and science. He highlighted the meaning
of philosophy and science and its direct relation
in individual's life. Mr. Prasai emphasized that
one should be critical and open-mindedness to
be scientific. He pinpointed on the branches and
kinds of philosophy that is connected with scientific
thought, which, he mentioned, is lacking in governance
system.
Associate Prof. Yubaraj Sangroula (KSL) addressed
the discussion on Democracy and Its Norms, Values
and Practice. To him, democracy means style of
life without any fear, anxiety and dilemma. Democracy
begins where there is no fear, he underlined.
He categorized the system of governance in three
ways as Anarchism, aristocracy and democracy and
described that if a well being of the society
is anticipated, we have to recognize the importance
of democracy in governance system. Similarly,
he discussed about the conflict dynamics and conflict
transformation process. He viewed that the violent
conflict consists of several structural forms
of violence and present ongoing violence in Nepalese
context is a product of mediate and immediate
causes thereof. He further added that denial of
recognizing the mediate and immediate dynamics
of conflict is the failure of dialogue between
rebels and the government. There are factors,
which could play vital role in widening the difference,
and there are also factors, which resume the gaps.
If divider strategy by these factors is promoted
there would be intensification of conflict and
vice versa, he underlined.
Assistant Prof. Rabindra Bhattarai (KSL) lectured
about various forms of decision-making process
and electoral system. He elaborated on the nature
and process of various electoral systems such
as "first pass post system", proportional
representative system, semi- proportional and
other forms of electoral system. Participants
brought the issues of plebiscite, referendum and
election, single member constituency, multi- member
constituency, direct and indirect electoral process
and were thoroughly discussed.
In the same way, Assistant Professor Hong Kong
Rana, lectured the participants on leadership
issues. He discussed on the characteristics of
leadership and quality required for democratic
and pragmatic leader. Various theories on leadership
from philosophy of management were discussed in
the programme to bring conceptual clarity among
participants.
Ms. Rita Mainali, Ms. Seema Dhami and Mr. Bhabukraj
Neupane (KSL) facilitated the participants for
a group work on the human rights issues to be
addressed for conflict transformation. The main
issues in the group work were socio-economic right,
gender and other issues connected with rights
of different interested group in Nepalese society.
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National
Consultation Meeting on Curriculum Revision
of Legal Education
Academics, experts and law teachers
of Nepal have recommended a set of reforms
in curriculum of legal education, particularly
on Human Rights, and Criminal Law courses
of Universities in the country. These
recommendations were made by the participants
of a Consultation Meeting on Curriculum
Review held in Kathmandu on 27 and 28
March 2005. They have also encouraged
Universities to introduce Alternative
Dispute Resolution as a separate subject
under faculty of law in Tribhuban University
and Purbanchal University that have been
offering law degrees in Nepal.
The consultation meeting was jointly organised
by Kathmandu School of Law (KSL) and Centre
for Legal Research and Resource Development
Centre (CeLRRd) as a part of program under
strengthening justice system. Faculty
teachers of Kathmandu School of Law (Purbanchal
University) and Nepal Law Campus (Tribhuvan
University), scholars and experts of law
working in Supreme Court, Office of the
Attorney General, Ministry of Law, Justice
and Parliamentary Affairs were of those
making recommendations for changes in
curriculum to address the need of updating
the course of legal education.
| The conclusive
recommendations were made after
heavy discussions on the presentations
of subject experts from Kathmandu
School of Law and Nepal Law Campus.
Following are the major recommendations
made by the meeting collectively:
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- Alternative Dispute Resolution
to be inserted in the course
of LL. B. level as separate
subject with 200 credit hours
as accessible justice has been
one of the crucial agenda in
current times.
- The curriculum of Master's
level in Human Rights to be
amended with area specialization
and considering regional needs
- The curriculum of Master's
level in Criminal Law to be
reframed to balance the areas
of criminal law, criminology,
penology, forensic science and
adjustment of component of restorative
justice.
|
| The main objective
of this two day consultation meeting
was to identify issues to be updated
in the curriculum of legal education.
Recommendations have been decided
to be documented and disseminated
in the short days to come. |
Professor
Madhav Prasad Acharya, President of KSL,
Mr. Suresh Raj Sharma Vice-chancellor
of Kathmandu University and Mr. Kanak
Vikram Thapa, Dean of Faculty of Law,
Trubhuvan University delivered the inaugural
remarks at the program. Mr. Kishor Silwal,
Director, CeLRRd, Associate Prof. Yubaraj
Sangroula, Director KSL, Mr. Sundeep Bista,
Sr. Program Officer, DANIDA/HUGOU marked
the highlights of the program. During
the program, paper on Review of Criminal
Law Curriculum in Nepal was jointly presented
by Prof. Madhav Prasad Acharya, KSL and
Prof. Dr. Rajit Bhakta Pradhananga, Nepal
Law Campus. Concept paper on Necessity,
Importance and Prospect and Challenges
of Alternative Dispute Resolution: Some
Recommendations for Reforms of Legal Education
in Nepal was presented by Associate Prof.
Yubaraj Sangroula. Similarly, Associate
Prof. Geeta Pathak Sangroula, KSL and
Dr. Sher Bahadur K.C. of Nepal Law Campus
jointly presented on Scope of Human Rights
Course in the University Curriculum Course
Review.
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Civic
Education for Conflict Transformation
and Peace Building
Kathmandu School of Law (KSL)
organized an orientation programmes for
120 high school students on "the
role of civic education in conflict transformation
and peace building". The valley-schools
included Arniko Secondary School, Bhaktapur,
Reliance Academy, Kapan and Kathmandu
Don Bosco College, Kathmandu.
| The conclusive
recommendations were made after
heavy discussions on the presentations
of subject experts from Kathmandu
School of Law and Nepal Law Campus.
Following are the major recommendations
made by the meeting collectively:
|
- Idea of good governance, human
rights and conflict transformation;
- Reciprocal relation of government
and citizens;
- Causes of conflicts and approaches
of transformation taken in South
Africa, Fiji and Sri Lanka;
- Need of sharing the ideas
to parents and peer groups
|
| The programme
highlighted the basic concept of
civic education, governance, democracy
and human rights and make students
aware to play the role of productive
citizens to help transformation
of conflict. |
Assistant
Prof. Khagendra Prasai, KSL highlighted
on the indispensable relationship between
citizens and the State and citizens' role
to construct, control and rationalize
the role of state. He said that to play
such a significant role citizens must
have to have civic education at first.
He clarified that civic education deals
with rights and responsibility of the
members of society, knowledge of political
system and process; it enables peoples
as actor within society and in operation
of state. It redeems them from a mentality
of subjection to the state and gives insight
to promote democracy and protect rights
of the people, he added.
He mentioned that civic education emphasizes
socialization process for achieving the
ideal goals of democracy and good governance
such as equality, freedom, pride of humanity,
accountability, transparency, empathetic
responsiveness and respect of rule of
law, human rights norms and realization
thereof in real life.
Presentation by Associate Prof. Yubaraj
Sangroula followed the session with an
interaction on concept of conflict and
few examples of conflict transformation
after their escalation to violent forms.
His presentation was based on the case
study of Sri Lanka, Fiji, Kashmir, India
and South Africa on how these countries
underwent the conflict situation and how
some of them overcame the same with successful
strategies of conflict transformation.
According to him, every violent conflict
has ‘source in latent’, which
is defined as “Structural Violence".
He pointed out that before conflict escalate
into a violent form it develops as structural
violence based on gender, caste, ethnicity,
economic disparity, social hatred etc.
To point one, he discussed with an example
of South Africa, where eeconomic disparity
between the colony (British) and natives
was immensely widespread and finally apartheid
was imposed. For transformation of conflict,
South Africa introduced proportional election
system and national collation government
was thus designed to ‘protect isolation
of minority by majority’, which
provides a ground for unity, he explained.
He importantly stated that the country
is now in pace of expansion and development
because it addressed conflict by strategies
of transformation. He further stated;
the case study showed social conflict
as created by humans who are involved
in relationships, yet once it occurs,
it changes (i.e., transforms) those events,
people, and relationships that created
the initial conflict. Conflicts change
relationships in predictable ways, altering
communication patters and patterns of
social organization, altering images of
the self and of the other. Conflict transformation
is also a prescriptive concept, which
suggests that without efforts to change
the situation, conflicts can have destructive
consequences. However, the consequences
can be modified or transformed so that
self-images relationships and social structures
improve instead of being harmed by it.
Usually this involves transforming perceptions
of issues, actions, and other people or
groups. Since conflict usually transforms
perceptions by accentuating the differences
between people and positions, effective
conflict transformation can work to improve
mutual understanding. Key to conflict
transformation is truth, justice, and
objectivity, as well as empowerment and
interdependence. These concepts are frequently
seen to be in opposition to each other;
however, they must come together for reconciliation
or "peace" to occur. South Africa
was especially successful to materialize
it, and now the conflict in the past has
taken a great education for development,
he concluded.
The program concluded with the consensus among
the participants to take over the role as responsible
citizens for conflict transformation. Lectures,
Hongkong Rana, Rabindra Bhattarai, Rita Mainali
were facilitators for the program.
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