Friday, March 10, 2006


Article 127 can be interpreted only by parliament: Giri

Kathmandu, March 10 - Vice-Chairman of the Council of Ministers, Dr Tulsi Giri while speaking at the fist general convention of the Federation of National Journalists, a pro-government organisation of journalists on Thursday said that the constitutionality of the use of Article 127 of the Constitution could be interpreted by the parliament only.

Giri also opposed the Supreme Court’s recent verdict that scrapped the Royal Commission for Corruption Control (RCCC).

The apex court had scrapped the royal anti-graft body three weeks ago saying that the commission was formed unconstitutionally.

Giri also said that the justices were “turning out to be unruly in the absence of parliament in the country.”

"This is the proof of the rule of law in the nation," he said. Giri, turning the pages of the constitution of the country opined the Supreme Court can check the monarch but in the absence of the parliament there is no body to check judicial anarchy.Claiming that the monarch has not violated any provision of the constitution, Dr Giri said, "I challenge anyone who can produce proof of any act of the government that is autocratic."

In other hand , Human Rights activists have said Agenda 9 could be slapped on Nepal in the upcoming 62nd session of the United Nations Office of the High Commissioner for Human Rights (OHCHR) in Geneva if the government did not express clear commitment towards protection and promotion of human rights.

Speaking at an interaction in the capital on Thursday, rights activist Dr Gopal Siwakoti said Nepal is heading towards Agenda 9 due to the increasing instances of rights violation.

The 61st session of the UN-OHCHR last year imposed Agenda 19 against Nepal, and Nepal expressed commitment to improve rights situation in the country.

The government agreed and set up the office of UN-OHCHR in Nepal under Agenda 19 to monitor incidents of rights violations during the 61st session, last year.However rights activists claim that there has been no improvement in the rights situation.

Enforcement of Agenda 9 refers to a very critical situation of human rights in the country.

Dr Siwakoti further said that there were no improvement in the rights situation since the last session and the government did not fulfill its commitment for the protection and promotion of human rights so item 9 was a strong possibility in the upcoming session if the government did not express clear commitment in this regard.

He informed that the indicators for the enforcement of any item are illegal detention or disappearances, situation of rule of law in the country, restriction on free movement of people and independence of the National Human Rights Commission. He stated all the indicators are in a negative direction so the government should defend it in the upcoming session to be safe from imposition of Agenda 9.

Main while, The Unites States has said the human rights situation in Nepal has worsened over the last few years and that both the Maoist rebels and security forces have committed numerous grave human rights abuses in 2005.

Its 'Country Reports on Human Rights Practices 2005' released by Secretary of State Condoleezza Rice in Washington on March 8 said, "the government's poor human rights record worsened and the government continued to commit many serious abuses, both during and after the state of emergency that suspended all fundamental rights except for habeas corpus."

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