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The Law is above the King ! Site Maintained by Advocate Santosh Giri, LLM (US/Nepal) | Specialization : Human Rights Law of Nepal [CAT, ICERD, ICESCR, ICCPR, CEDAW, Regional and International Instruments] | Freelance Media Monitoring on Human Rights, Legal Development and Violation of Human Rights in Nepal.

Advocate Ratna Bahadur Bagchand appointed as Justice of Appellate Court of Nepalgunj

September 8, 2009

LawNepal congratulates Advocate Ratna Bahadur Bagchand for being appointed as an Appellate Court Justice at Appellate Court of Nepalgunj.

The appointment was made pursuant to Article 109 of Interim Constitution of Nepal 2007, §4(1)(b) of Judicial Council Act 1990, §5(1) of Judicial Council Procedures Regulation 2001. The provisions stipulates appointment of Justices who are qualified based on 10 years of legal practice, seniority, knowledge of subject matter, working ability, education, honesty, impartiality, moral character, prestige in legal profession, people’s desire, popularity and boldness and ability to perform.

Hon. Justice Bagchand has been working for the justice of the marginalized, disadvantaged and discrimitnated Dalit community in Nepal through an organization Lawyers National Campaign against Untouchability-Nepal (LANCAU-Nepal). LANCAU has played a vital role in drafting laws against untouchability, pressuring the government to formulate and execute appropriate laws to curb racial discrimination and implement Durban Declaration to put an end to the Untouchability Aparthied in Nepal. He was also awarded the Best Lawyer Award by Nepal Bar Council earlier.

With appointment of Justice Bagchand, Nepal’s judiciary has appointed a person from the Dalit Community for the first time in its history.

The list of newly appointed Justices in Appellate and District Courts can be found here:

http://supremecourt.gov.np/appeal.pdf

Filed under: Legal Development, Social Engineering, Young Lawyers

Advocate Krishna Pokharel’s Writ Intiaites Probe/Commission on Right to Information

Appeal Registered in NIC against Its Commissioners

Advocate Krishna Pokharel, on behalf of Freedom Forum, registered appeal in the National Information Commission (NIC) on October 24, Friday stating that the NIC did not furnish official information about Chief Commissioner and Commissioners as demanded.

Mr. Pokharel had registered application in the NIC demanding information about the property details, affiliation and responsibility in other organization, political involvement, income source and monthly remuneration of the commissioners on October 3, 2008.

The appeal was made when the NIC did not provide information in the medium and form as demanded by the plaintiff. The NIC breached the procedures and essence of the RTI.

Freedom Forum believes that the impartiality, neutrality and judicial conscience of National Information Commission should regularly be scrutinized as it is the public body having open access to all information and records of the State.

It is the genuine public concern since the Commission is the authorized body to promote and enforce Right to Information (RTI) and to dispense justice when public concern information are not provided on demand.

—————————————————

Advocate Santosh Sigdel Adds:

Keeping in mind that the RTI Act grants every Nepali citizen the right to access information held by the public bodies, advocates duo KrishnaPokharel and Rishee Ram Ghimire on behalf of Freedom Forum filed an application in the Office of Prime Minister and Council of Ministers on September 5, 2008 demanding that the official copy of the report of the commission formed to probe the killing of CPN-UML candidate from Surkhet district, constituency-1, Rihsi Prasad Sharma be made public.

In accordance with the RTI ACT-2007, Clause 2(E), advocates duo Pokharel and Ghimire on behalf of Freedom Forum behalf of Freedom Forum filed another application in the Office of Prime Minister and Council of Ministers in the same day demanding the copy of the report of probe commission formed to investigate

Source: http://www.nepalpressfreedom.org/detail.php?subaction=showfull&id=1225014770&archive=&start_from=&ucat=1&

Posted on 26 Oct 2008 by Admin

Filed under: A Lawless Scoiety, Human Rights, Laws, Legal Development, Social Engineering, Young Lawyers, कानून नेपाल

Save San Francisco’s ‘Sanctuary City’ Status !

San Francisco, CA.— Community groups, clergy and youth advocates will gather at City Hall to ask Mayor Newsom and the Board of Supervisors to support public safety for all San Franciscans and due process and privacy rights in the juvenile justice system for all youths. This press conference is in direct response to a series of misleading articles in the San Francisco Chronicle that blame the City’s crime on its Sanctuary status — ignoring the thousands of immigrants that contribute to the city’s economic prosperity and cultural diversity, and also failing to recognize that undocumented youths and families are here often times because they are fleeing economic and political hardships in their home countries.
For more information contact: Carolyn Tran, SFILEN at 415.282.6209 x 15 or Evelyn Sanchez at 415.572.0639
~~~~~~~~~~~~~~~~~~~~~~~~~~
Evelyn Sanchez, Advocacy Coordinator
Bay Area Immigrant Rights Coalition (BAIRC)
Office: 510 839 7598 / Cell: 415 572 0639
evelyn@immigrantrights.org / www.immigrantrights.org
~~~~~~~~~~~~~~~~~~~~~~~~~~

Filed under: A Lawless Scoiety, Asylum in the US, Human Rights, Immigratoin Reform, Laws, Social Engineering, Young Lawyers

Take Disciplinary Action

To,

Nepal Bar Council

Ram Shah Path, Kathmandu, Nepal.

Honorable Chairman,

ANLUS has serious concern over news published in www.khojtalashonline.com on 10th July issue regarding the Limbuwan court where Chabi Sambahamphe, an advocate licensed by Nepal Bar council has been practicing Unauthorized Practice of Law. Appropriate action has to be taken.

Association of Nepalese Lawyers and Scholars in the United States

web site: www.anlus.org email :

Filed under: A Lawless Scoiety, Laws, Legal Development, Social Engineering, Young Lawyers, कानून नेपाल

Pandora’s Box, Nepal

Source: http://www.telegraphnepal.com/news_det.php?news_id=3701

A Latin proverb has it that when the Almighty wants to destroy a man, he (the God) first makes him mad.

The manner Nepal has been rendered stateless and guardian less does tell that the Almighty is not that happy with the sort of politics that has gripped this nation of late more after the successful conduct of the Constituent Assembly poll held April 10, 08.

With the institution of the monarchy gone into oblivion on June 18, the politics of this nation since then has remained negatively spectacular.

The Maoists have bagged the largest seats. The Congress and the UML should have as a matter of fact handed the helm of the state affairs to the party of the ex-rebels. Universal norms too would demand the same from the second and the third largest party to facilitate the way for the topper to form a government on their own. However, the Nepali Congress and the namesake Communist party appear reluctant in allowing the Maoists to come to power. Why it is so is really very mysterious to understand.

However, what we understand that the NC leader, Girija Prasad Koirala does not want to relinquish Chair under one pretext or the other. The UML which poses to be a democratic party to which it is not too is pushing its own terms and conditions to the Maoists. In the process the irritation that has gripped the Maoists paraphernalia is understandable.

High placed sources say that some extraneous forces too have been encouraging the NC and the UML not to allow the Maoists to come to power. However, this is absurd for why should the foreign forces meddle in Nepali affairs. Undoubtedly, the Indian establishment must be behind the scene to block the way for the Maoists to form a government for some obvious reasons. Presumably the Indian authorities are afraid of the Maoists for they fear that if the Nepal’s radical communists come to power, the Indian Naxalites would surely get encouraged from such a happening in Nepal which could shake the Indian establishment from within.

The Maoists could be bad and naughty boys of the past. However, they have bagged superiority over their political rivals through the use of ballots and thus they have every right to claim a government of their own. Any hanky panky in undermining this universal democratic norms and values will ultimately corrode the image of the very system itself. The bad boys of the past might shun, let’s hope, their past activities and learn on how to behave in a democratic system more so when in power. Who knows the Maoists would perform well that what is being interpreted by some interested quarters.

In saying so, we are not pleading for the Maoists that they be allowed to govern, however, what we mean to say is that the politics of this country should allow the Maoists to rule for it is this party that is to come to power corridors through legal means.

We are not the fans of the Maoists, be it known to our valued readers. Nor do we have forgotten their past acts that terrorized the entire nation for well over a decade and took so many precious lives. However, being a democrat of the normal order, we wish that the political parties and the foreign powers ( not substantiated though) must not play their games which negates the possibility for the radical nationalists from coming to power through legitimate means.

If denied, the worst may follow as the Maoists by now have added to their strength and they could create ugly scenes if they are pushed to the wall.

Now a word about the continued disruption of the Constituent Assembly proceedings since June 26.

More than ten good days have passed since then that the CA has come to a grinding halt. However, none of the CA members have so far collected the courage to say that they would not receive the “salaries” of the days they do not work.

However, the fact is that the CA has been made defunct under one pretext or the other but the national exchequer is forced to bear this brunt. By now, it is presumed that some forty million Nepali rupees have gone in waste. Who knows, even if the CA resumes its proceedings within a day or two, when the other equally powerful but disgruntled party toes the same line as has been done this time by some political paraphernalia?

If the politics that is on in Nepal continues for long as it is today, the lay men do not have any illusion in concluding that the New Constitution for a New Nepal will take some time close to a decade or so in drafting the same.

Looking at the energy of some of the political parties, what comes to the fore is that the Pandora’s Box has just been opened. And what the opening of such a box means is perhaps clear to all of our august readers.

Politics of consensus is being replaced by politics of confrontation indeed. That’s all.

2008-07-09 06:59:41

Filed under: A Lawless Scoiety, Human Rights, Legal Development, Social Engineering, Young Lawyers

Local Tibetan deported to Nepal

Local Tibetan deported to Nepal

By Vanessa Miller (Contact)

Namgyal Tsering with his son, Namkha, who is now17 months old.

Theodore Olsen, courtesy photo

Namgyal Tsering with his son, Namkha, who is now17 months old.

A Tibetan national who’s been living in Boulder County for about a decade and has been fighting deportation for months was flown to Nepal in the middle of the night Wednesday, accompanied by U.S. Immigration and Customs Enforcement officers, his attorney said.

In January, an immigration judge ordered that Namgyal Tsering, 35, of Lafayette, be deported to Nepal — despite his pleas for asylum and his fears that he’ll be arrested and persecuted there.

“It’s unlikely he will be permitted to come back to the country,” attorney Theodore Olsen said of his client Tsering, who has a 16-month-old son in Lafayette.

“I’m sure it was very distressing for him to have no idea what’s going to happen to him and knowledge that he won’t see his son for many years,” Olsen said hours after his client was deported. “I can’t imagine what he was going through on that flight.”

Tim Counts, U.S. Immigration and Customs Enforcement spokesman, said his agency doesn’t discuss details of a removal “until it’s complete.” The term “removal,” he said, encompasses the entire deportation process, from when a person leaves the United States to the time he or she arrives at the destination.

“And we have not carried out the removal,” Counts said.

Tsering’s flight was scheduled to arrive in Kathmandu at 1 a.m. today, Boulder time, his attorney Olsen said.

Tsering came to the United States from Tibet in 1997 — with a Nepalese passport he obtained using a false name and nationality — because Chinese authorities were after him for dissenting against their occupation of the country. He waited until 2002 to file for asylum.

His request was denied because he waited more than the allowed year to file the paperwork, and — although a judge ruled he shouldn’t be sent back to China — he was arrested in March under orders of deportation to Nepal.

Olsen said officers used his client’s false Nepalese passport to get him traveling documents to Nepal, even though a U.S. judge ruled they were fake and that Tsering actually is from Tibet.

Tuesday, Olsen filed a petition in federal court in Denver arguing that using the false passport is unconstitutional. He also requested that a hearing in the case be scheduled for today.

“But we couldn’t get it before a judge in time to stay the removal,” Olsen said.

A person who’s removed can’t return for 10 years, he said.

As Tsering was being ushered out of jail near Colorado Springs on Tuesday, he slipped another inmate the phone number for his infant son’s mother, Nyima Yangkey, and asked that he tell her what was happening.

Tsering then was taken to jail in Aurora, where he gave Olsen’s number to another inmate and asked him to call the attorney and tell him he was being flown to Los Angeles, Olsen said.

About 2 a.m. Wednesday, Tsering called Yangkey from the plane.

“He said he was on his way to Nepal,” Yangkey said. “He was really afraid. He said, ‘I guess I’m gonna be killed.’”

Tsering told Yangkey that he managed the call when officers stepped away and a fellow passenger lent him a phone.

“I told him, ‘Just pray,’” Yangkey said. “That’s all we can do.”

One of Tsering’s friends, Claudia Putnam, of Jamestown, said Wednesday that she planned to light candles at 1 a.m., when Tsering’s plane was scheduled to land in Nepal.

“If, by some miracle, he passes customs and is released on the street, I’m hoping he’ll find a way to call or e-mail using an Internet cafe,” Putnam said.

Filed under: A Lawless Scoiety, Asylum in the US, Human Rights, Immigratoin Reform, Laws, Legal Development, Social Engineering, Young Lawyers, कानून नेपाल

Nepali student lost status due to DSO’s negligence.

Published: February 3, 2008 6:00 a.m.

Official at IPFW dismissed over fees

Kept money paid to him by foreign students, letter says

By Kelly Soderlund
The Journal Gazette

A director who advised international students at Indiana University-Purdue University Fort Wayne was fired after the university discovered he inappropriately charged students for services and apparently pocketed the money.

Connell Nelson, former director of international services, was sent a letter signed by Kenneth Christmon, associate vice chancellor for diversity and multicultural affairs, dated Sept. 12, confirming his termination effective Aug. 29. The reason for the termination was because Nelson “violated the trust of your position.”

IPFW officials provided The Journal Gazette with a copy of the letter after a public records request.

“During a meeting with Internal Audit on August 29, 2007, you identified students who had paid amounts to you personally believing that they were required by the University to pay a processing fee,” the letter states.

The letter orders Nelson to refund the money to the university so the students involved could be reimbursed.

George McClellan, vice chancellor for student affairs, confirmed that 16 students were inappropriately charged and that the university reimbursed a total of $2,100. McClellan would not provide any additional details, saying it is a personnel matter.

“We obviously regret any instance in which any student is overcharged any amount,” McClellan said.

Nelson did not return repeated phone calls last week seeking comment.

A letter left at his home also did not generate a response.

Deep Rauniyar, a 24-year-old engineering student from Nepal, is one of the students who was reimbursed by the university. He alleges Nelson charged him and other international students for completing paperwork related to their immigration or student status.

Nelson told the students he would use his credit card to pay the university for the services if they could pay him cash or write him a check, Rauniyar said.

Nothing involving Nelson’s actions or IPFW’s response has been forwarded to the Allen County Prosecutor’s Office, spokeswoman Robyn Niedzwiecki said.

McClellan said the situation came to light when several international students began asking questions about various services and it was revealed they were being charged. He said the situation was discovered in the middle of the fall semester and was resolved by Thanksgiving.

IPFW officials did not investigate to determine whether international students whom Nelson previously advised but who have since left the university were inappropriately charged, McClellan said.

“We engaged in a pretty substantial outreach effort with all of the international students who were here (last fall),” McClellan said. “If they weren’t here, there isn’t a lot we can do about that.”

The university does not track international students after they leave IPFW and is required to hold on to their records for only one year, McClellan said.

“It might have happened, but we don’t have any way of knowing whether it happened,” McClellan said. “Is it a possibility? Yes. But there is no way for us to know.”

Despite the controversy, McClellan is confident in IPFW’s ability to serve international students.

“We can always do things better, but I feel very comfortable talking to international students (and their families) that this institution is committed to treating students well and honoring the law and building a better Fort Wayne,” McClellan said. “Sometimes you stumble along the path, but I’m really very comfortable about that.”

Rauniyar, however, is not comfortable with how the situation was handled. Because of what he believes was bad advice he received from Nelson, Rauniyar said his student status in the United States has been canceled, and he has been told he must leave the country by March 11.

An electrical engineering student at IPFW for nearly two years, Rauniyar had been working as a research assistant and in a computer lab at IPFW.

According to federal requirements, most international students can work only 20 hours a week on campus.

Unaware of the rule, Rauniyar started working more than 20 hours a week. He received a letter from the university saying his hours are capped at 20. He said he asked Nelson and a representative in the university’s human resources department about it and was told not to worry about it.

Rauniyar is in his last semester at IPFW and has only one class left to complete before receiving his degree. But he can’t finish before the March 11 deadline.

“I told them I’ll leave the country, just let me finish my graduation. Let me get a degree, and I’ll voluntarily leave the country,” Rauniyar said.

McClellan said he could not speak about individual student situations. Knowing and understanding the limitations placed on international students is the responsibility of both the students and the advisers, McClellan said.

At the same time, he said he understands the students are often thrown a lot of information when they arrive that is hard to remember.

IPFW has 144 international students. The International Student Services department is responsible for handling paperwork related to students’ immigration status and providing guidance for where students can get information, McClellan said.

ksoderlund@jg.net

Filed under: A Lawless Scoiety, Immigratoin Reform, Laws, Legal Development, Social Engineering, Young Lawyers

California Supreme Court Same Sex Marriage Decision (Text)

The process of reform and familiarization should go forward in the legislative sphere and in society at large. We are in the midst of a major social change. Societies seldom make such changes smoothly. For some the process is frustratingly slow. For others it is jarringly fast. In a democracy, the people should be given a fair chance to set the pace of change without judicial interference. That is the way democracies work. Ideas are proposed, debated, tested. Often new ideas are initially resisted, only to be ultimately embraced. But when ideas are imposed, opposition hardens and progress may be hampered.

The complete text.

 

 

Read the rest of this entry »

Filed under: Human Rights, Laws, Legal Development, Social Engineering, Young Lawyers, कानून नेपाल

Nepali Asylum Seekers in 2007

ASYLUM LEVELS AND TRENDS IN INDUSTRIALIZED COUNTRIES, 2007 published bu UNHCR discloses facts related to Nepali Asylum seekers as follows:

INDUSTRIALIZED COUNTRIES accepting asylum applications:

The 43 countries are: 26 Member States of the European Union (excluding Italy), Albania, Bosnia and Herzegovina, Croatia, Iceland, Liechtenstein, Montenegro, Norway, Serbia, Switzerland, The former Yugoslav Republic of Macedonia, Turkey, as well as Australia, Canada, Japan, New Zealand, Republic of Korea and the United States of America.

NEPAL among top 10 Asylum applicant nations in 4 countries:

JAPAN              #9            with 11 Applicants

PORTUGAL       #5            with 6 Applicants

KOREA             #1            with 78 Applicants

ALBANIA         #2            with 9 Applicants

Nepali Asylum Applicants have filed their applications in the following countries:

Australia

New Zealand

Japan

Korea

Canada

United States of America

Portugal

Albania

European Union

Filed under: Asylum in the US, Human Rights, Immigratoin Reform, Laws, Social Engineering, Young Lawyers

Can the U.S. border fence be built on deadline without the help of foreign laborers?

Immigrant labor could affect fence deadline

Can the U.S. border fence be built on deadline without the help of foreign laborers?

With 670 miles of the U.S.-Mexico border fence slated for completion by year’s end, construction companies in Texas are questioning the feasibility of completing such a project without immigrant labor.

The irony is not lost on businesses that have come to rely heavily on immigrant workers to fill vacancies left by a shrinking domestic labor pool.

“Is it possible to construct a wall without undocumented workers?” asked Perry Vaughn, executive director of the Rio Grande Valley Chapter of the Associated General Contractors of America. “It’s probably borderline impossible to be honest with you.”

In recent years, the construction industry has seen a dramatic increase in undocumented foreign-born Hispanic workers, according to a Pew Hispanic report published in 2007.

Based on information collected from the Bureau of Labor Statistics and the U.S. Census Bureau, the report also found that foreign-born workers held one in five construction jobs in 2006.

In Texas, that percentage is unquestionably much higher, said Jerry Nevuld, president and CEO of the Houston Chapter of AGC.

If foreign-born workers were taken out of the equation, Nevuld believes, it would put undue strain on an industry that is already stretched thin for skilled labor and make construction of the fence a near impossibility.

“There are a significant number of illegals working in construction,” Nevuld said. “If you try to build a wall, but take a few thousand workers out of the workforce first, you could have some real problems.”

Commercial construction operations are usually careful not to knowingly hire undocumented workers.

Businesses are required to have employees file the I-9 form eligibility verification form, but some undocumented workers invariably slip through the cracks in the system.

In the late 1990s, the Golden State Fence Co., a fence-building company in Southern California, hired undocumented immigrants to build millions of dollars’ worth of fencing between San Diego and Mexico.

The company received several warnings, but federal agents found undocumented workers still on the job in 2005.

In 2006, the company agreed to pay $5 million and its executives pleaded guilty to hiring undocumented immigrants.

A start date for segments of the fence in Cameron County have not yet gone out for solicitation, said Barry Morrissey, a spokesman with U.S. Customs and Border Protection, but when they do companies that bid on those projects will be heavily scrutinized.

An industry already under the microscope, only companies accepted into the Construction Multiple Task Order Contracts program can even bid on government projects.

Despite the additional oversight, the likelihood for illegal labor working on the border fence remains a distinct possibility, some say.
“It could happen anywhere in any industry on any given day,” Morrissey said.

The agency takes immigration seriously, and companies caught using undocumented labor will face legal recourse, according to Morrissey.

“It’s very plain,” Morrissey said. “Legally, it’s unacceptable. Contractually, it’s unacceptable. If we find illegal immigrants working on these projects, we’ll have to take legal action.”

The AGC straddles a theoretical fence too.

Although the association favors immigration reform that would allow its members to tap into a reservoir of workers across the border, the association also supports increased border security and in some cases the presence of a physical barrier.

The potential for irony underscores the complexities of the immigration debate as few other circumstances have.

As director of congressional relations for AGC, Kelly Knott advocates for immigration reform for the construction industry.

She doubts that Congress will take action this year, believing the situation will get worse before it gets better.

“They want to make it so hard on employers and the business community,” Knott said, “that perhaps it will force Congress to take action.”

Immigration is constantly on the mind of Raleigh Roussell, president and CEO of the Dallas chapter of AGC.

He hopes the issue can be resolved soon, so businesses can get back to focusing on projects.

However, he doubts it will impede the progress of construction on the fence.

“They’ll find a way to get the job done,” Roussell said. “I would say there’ll be some mix of domestic and immigrant labor, a fairly high mix, but it’ll get done.”

Filed under: A Lawless Scoiety, Human Rights, Immigratoin Reform, Laws, Legal Development, Social Engineering, Young Lawyers, कानून नेपाल

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The information contained in this Site is for general guidance based on information available in the internet on several matters discussed. THE AUTHOR OF THIS BLOG IS NOT LICENSED TO PRACTICE LAW IN THE UNITED STATES. The author is only licensed to practice law in Nepal. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the updating immigration policies, there may be delays, omissions or inaccuracies in information contained in this Site. Accordingly, the information on this Site is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. Before making any decision or taking any action, you should consult a professional such as an Immigration law Attorney or related professionals for other subject matters. All information in this Site is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will the author and the organizations the author is involved in will be thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages. Certain links in this Site connect to other Web Sites maintained by third parties over whom the author has no control. Author and/or this blog and related author’s blogs or sites makes no representations as to the accuracy or any other aspect of information contained in other Web Sites.

 

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