• GEFONT Chairman released finally
• The fight in contemporary Nepal: Democracy Vs. feudal autocracy
• International community against the royal brutality
• Observation from Human Right Angle
• Forthcoming days
• CHRONOLOGY-Key events in Nepal since king seized power
• Media comments from Aboard
• GEFONT Chairman and Secretary General Arrested
• Trade Unions Warn General strike
• Release Now! GEFONT made an international Call
• Solidarity! Solidarity!!!
• Hotel Yak & Yeti closed down: Allegedly for labour dispute, but in fact for disguised reasons
• News Brief

GEFONT Chairman released finally [top]

January 25, 2006: Due to heavy pressure from home and aboard finally GEFONT chairman Mukunda Neupane has been released yesterday evening. After his release in his brief remark comrade Neupane expresses sincere thanks to the International community particularly the trade union community. He also acknowledged hard effort of Nepali struggling trade union movement and the pro-democracy activists in order to make their release possible.

Chairman Neupane further expresses dismay for not releasing other inmates including GEFONT Secretary General Binod Shrestha. 

The fight in contemporary Nepal: Democracy Vs. feudal autocracy [top]

At the end of the one year period of Royal takeover, king has come to a turning point where his direct rule has come to a total failure, but the feudal ego does not seem to accept the reality.  The current political events and series of suppressive actions of the autocratic regime have confirmed that this status quo will not work now. But to divert attention and maintain the autocratic regime, the card of municipal election is being played by the palace, however unfortunate to the fuedal cacus, the election card has become completely invalid in the eyes of people and the international community.

During the whole year of 2005 and basically from December to the date the struggling mainstream political parties, mass organizations, trade unions, youths & students and civil society have fought with full patience. The support of the people has increased from lower point to a considerably higher point.

When the mainstream political parties became successful to pull Maoists into an understanding of 12-point for a good start towards peace and full fledged democracy, Royal feudalism came in full anger and became extremely offensive. The Janakpur show of 2 million people for democracy in the call of mainstream political parties was sufficient to turn the regime mad. Therefore when parties declared grand mass protest to be organized on January 20, 2006, King’s regime lost its nerves. From 17 January, the regime started arrests and suppression. More than100 leaders and activists were arrested on January 19 in order to stop the demonstration of January 20.  The regime has arrested GEFONT Chair Mukunda Neupane, Secretary General Binod Shrestha, and a number of other trade union activists.

But the fear of autocratic regime increased more and more and it imposed curfew from morning to night. After imposing Curfew in the city, the royal regime has crossed all limitations and has committed gross violation of Human rights. Even in the day of curfew, protests were organized. Big Clashes of Demonstrators and Police have been observed and about 300 activists and leaders have been arrested. Deliberate attack was also witnessed even on human right observers and journalists.

Because of Friday’s protest program was foiled by the curfew, the alliance of seven political parties organized huge protest rallies in Kathmandu on Saturday January 21. The police intervened the mass meeting at Basantapur as thousands converged at the venue for the gathering. Dozens of demonstrators were injured along with some policemen in the clash that took place after the police intervention on the demonstration. Dozens of leaders and activists were arrested during the demonstration.

The alliance of seven political parties in Nepal has continued protests and demonstration daily in the core city of Kathmandu to defy the restriction of Government on political activities inside the Ring Road.

Thousands of demonstrators have participated in the demonstration led by the trade union and student  leaders, defying the prohibitory orders. Police charged the demonstrators with baton and fired many shells of tear gas to disperse the crowd in New road and Basantapur. Security was tightened within whole new road and Basantapur area. Armed Police Force was fully mobilized to take situation under control and the Royal Nepalese Army was also deployed due to extensive participation of the demonstrators.

International community against the royal brutality [top]

The UN Secretary General Kofi Annan, The USA, EU, UK, India and Japan have made a strong-worded criticism on Royal Crack-down.

The International body of trade unions ICFTU and WCL has already asked the King to release all of the detainees. The global union federations ICEM and IFJ have also called upon the King similar request. Various trade union centres of the globe are sending their solidarity to GEFONT and other national centres of trade unions and strong protests to the concerned authorities.

GEFONT and other national centres have jointly challenged the autocratic regime that they are ready to call a general strike to stop everything and make the entire country jammed. The call of the political parties for a total general strike on Jan 25, 2006 for the boycott of so called municipal election has been given a warm welcome by all. GEFONT has issued a press release in support of the general strike and appealed all trade unions to activate & mobilize every union structure and working masses to jam the workplaces for the grand success of the bandh. GEFONT has also appealed the employers to join the democratic camp and support the general strike called by the democratic forces.

In addition to the continued protest programs in Kathamndu defying the prohibitive orders, similar protest programs were hold throughout the country against the unnecessary imposition of curfew on 20 January in the capital and arrests of leaders & activists.

Observation from Human Right Angle [top]

Hundreds of leaders and cadres of political parties and mass organizations, including trade unionists, civil society leaders and human rights defenders are still under detention of illegitimate regime.

The regime is not treating political prisoners humanely.  HR Defenders also found that the regime also intends to affect the life of their families by shutting their telephone lines, which is totally against the universally accepted principles of human rights.   They have not given full access to reading materials.

Family members are only allowed to visit twice a week Wednesday and Saturday during office hours.   Friends, other relatives and organisations concerned are not allowed to visit them creating more stress on detainees.  The telephone services for political prisoners are restricted. Only state owned and regime supporter newspapers are provided.  Radio and Television are prohibited.  Health care for political prisoners is totally ignored. 

Forthcoming days [top]

The movement is gaining momentum and the king is supported only be few pro-feudal outdated persons who do not have any support or base in the society. Wider participation of people in the movement is based on the hope of the people that peace and democracy is possible only when king’s autocracy comes to an end, so the urgent need of contemporary Nepal is to make this process faster and faster. It seems that people have started to realise the need of the time. Dramatic changes seem much closer never sensed before.

CHRONOLOGY-Key events in Nepal since king seized power [top]

Jan 20 (Reuters) - A curfew ordered by Nepal’s royalist government took effect in the capital, Kathmandu, on Friday as authorities tried to thwart a rally called by political parties opposed to King Gyanendra’s seizure of power.

Here is a chronology of key events in Nepal since Feb. 1, 2005, when the king monarch suspended a multi-party government and vowed to crush a Maoist revolt that has killed more than 12,500 people since 1996.

Feb. 1, 2005 - King Gyanendra sacks the government of Prime Minister Sher Bahadur Deuba, declares a state of emergency and takes power.

Feb. 22        India, Britain announce they have stopped military aid to Nepal but India later resumes non-lethal military supplies.

April 27        Deuba is arrested on graft charges.

April 30        King Gyanendra ends the state of emergency but retains the extraordinary powers he seized.

July 26         Deuba found guilty of embezzlement and jailed for two years. He denies any wrongdoing.

Sept. 1        The largest political party, the Nepali Congress, drops a 60-year-old written pledge to uphold the constitutional monarchy.

Sept. 3        Maoist rebels announce a unilateral three-month ceasefire but the royalist government rejects the truce, saying the rebels could not be trusted.

Nov. 22        The seven main political parties and Maoist rebels announce a deal to cooperate to end the absolute powers of the king. The Maoists agree to return to the political mainstream.

Dec. 2         Rebels extend truce by one month; government rules out matching gesture.

Jan. 2, 2006 - Rebels end ceasefire, raising fears of renewed violence in the landlocked Himalayan nation.

Jan. 3          Blasts rock Nepal, including the tourist town of Pokhara, the first attacks blamed on rebels since the end of the truce.

Jan. 14        Sixteen Maoist rebels and a soldier are killed in the biggest battle since the ceasefire ended. Up to 12 police officers are killed in rebel bomb attacks around the capital.

Jan. 16        The government imposes a night curfew in Kathmandu after the bomb attacks two days earlier.

Jan. 19        Authorities cut landline and mobile telephone links and arrest scores of political leaders and activists a day ahead of a protest rally called by parties opposed to royal rule. A curfew is ordered in bid to thwart protests.

Source: Reuters

Media comments from Aboard [top]

ROYAL MESS: Nepal monarch cracks down on Opposition

(Editorial Times of India – 23 January 2006)

In February, it will be a year since King Gyanendra seized absolute power in Nepal. Going by events in Kathmandu on Friday, the king is in no hurry to relinquish power.

He spared no effort to scupper a protest rally organised on Friday by an alliance of seven major political parties. The government imposed a dawn-to-dusk curfew in Kathmandu and sent in a few thousand troops to patrol the streets. This followed a series of raids in which security forces detained senior politicians, student leaders and human rights activists. Among those placed under house arrest were former prime minister Girija Prasad Koirala and Communist leader Madhav Kumar Nepal.

Muted protests by the international community, including the US and the UN, have had little effect on Gyanendra. With the king refusing to make any concessions, the future of Nepal is bleak. Gyanendra could at least contemplate turning the clock back to a constitutional monarchy. The other two players in Nepal — the Maoists and the political parties — have already shown willingness to compromise.

A 12-point common agenda released last year by the political parties did not mention the word ’republic’; it only talked about ending ’autocratic’ monarchy. The Maoists have pledged not to engage in violence if their demand for the election of a constituent assembly is met.
But on his part Gyanendra has steadfastly refused to engage in any give and take. The international community, including India, has not helped matters by refusing to exert any real pressure on the monarch. There are good reasons to suspect that China and Pakistan are supplying arms to the king. India must, however, continue to support the forces of democracy in Nepal as well as encourage the Maoists to join the political process.

Is history repeating itself in Nepal? (The India Express – 23 January 2006)

When Nepal’s King Gyanendra seized power in February 2005 he breathed new life into Marx’s dictum about history repeating itself. Thirty years of royal rule from 1960 to 1990 had been tragic enough for most Nepalis. Economic stagnation and stunted political evolution compounded ethnic, regional, caste and economic inequality, creating the perfect conditions for a Maoist insurgency. The idea that Nepal could be returned to the 1960s — resurrecting King Mahendra’s model of a palace-guided Panchayat democracy "suited to Nepal’s soil" — smacked more of farce. The king’s coterie of Panchayat-era advisors blinded themselves to the transformation of Nepali society over the last decades and pressed on with their plan to turn the clock back. The palace now seems to have acquired a taste for replaying history. With only days to go before the anniversary of the last royal coup, on Thursday Kathmandu once again awoke to cut phone lines, curfew orders and news that most democratic politicians had been detained.

Whatever his critics say, King Gyanendra’s steadfastness has pleased his supporters. He promised unwavering leadership and has stuck to his vow that "[outsiders] will say what they have to say but I will do what I have to do".

Addressing November’s SAARC summit, he explained he would be able to hold municipal elections in February thanks to the "improved security situation". His ministers have been boasting of having "broken the Maoists’ back" and insisting that the polls will, as promised, reinvigorate democracy. But the Maoists have now struck at Kathmandu militarily and all major parties, including royalists, are boycotting the elections.

Holding elections amidst armed violence is always risky. Misjudged polls often serve to inflame conflicts rather than resolve them. For the palace, the polls seem to be part of a strategy of confrontation, not reconciliation. The king’s honorary aide-de-camp Bharat Keshar Simha, a retired general and president of the World Hindu Federation in Nepal, told Tehelka that elections will go ahead "irrespective of how many people die."

Nepal’s democrats are also hoping history will be replayed. It was in the spring of 1990 that the democracy movement gathered momentum. But the parties should not expect a simple repeat performance. Their own credibility has been tarnished by their poor record in office. And the king has made it clear he will not compromise in the face of popular protest as his brother did.

So far the palace and parties have played their role to perfection, their bitter division emboldening the rebels. Although the Maoists still believe in a linear history of inexorable progress towards a communist republic they have shown signs of flexibility. During a four-month unilateral ceasefire they signed a deal with the parties that offered major concessions. No one need accept these at face value. But their truce had presented the state with a good opportunity to judge them by their actions.

Announcing his first coup a year ago King Gyanendra warned that "those who cannot stand in favour of peace will stand condemned by the motherland." The time has come to test all political players against this standard. Nepal’s conflict is still soluble. The party-Maoist agreement did not insist on republicanism; it deliberately left space for accommodation with the king. At the moment, as thinking royalists have long realised, palace hardliners are the greatest threat to the future of the monarchy. Gyanendra has proved himself an adept gambler. If he is willing to take a risk for peace he can recover respect for the monarchy by cancelling the flawed and misconceived elections and working towards the settlement Nepalis long for. Of course this will not be easy. But the easy options will lead only to continued bloodshed and political collapse.

- by RHODERICK CHALMERS ( visiting fellow at Nepal’s Tribhuvan University)

Nepal ’s going nowhere (Hindusthan Times - 22 January 2006)

Round two, square one. That sums up the happenings in Nepal, as a dawn-to-dusk curfew and arrests hit Kathmandu. King Gyanendra’s draconian tactics are aimed at saving the monarchy, or to be more accurate, a democracy under suspension. If the king had been serious about democracy, he should have opened talks with the political parties to work out a compromise solution. Instead, he was apparently busy working out the schedule for local elections next month that nobody may even contest, as political parties have reportedly decided to boycott them.

When he took power a year ago, there was some expectations of resolving the gridlock between the monarchy, political parties and the rebels. Lamentably, the king didn’t prove up to the challenge, even when he had the opportunity to during the unilateral ceasefire declared by the Maoists. More importantly, the king wasted precious time trying to second-guess the Maoists whom he thought were regrouping and re-arming. It’s time King Gyanendra realised that he is clearly running out of options. Immediate political reverses apart, these developments potentially threaten the very institution of the monarchy, which is proving to be short-sighted and inept. The long-running Maoist rebellion had earlier given him a good alibi to suspend civil rights and give unprecedented powers to the army to deal with protestors but banning dissent and gagging the press is hardly the way to go about restoring peace.

That said, the democratic forces in Nepal too need to realise that if they are unable to sustain their current upsurge, it will be curtains for them, at least for the near future. In other words, the time has come for them to show their mettle and prove to the Nepalese people that they, not the Maoists or the monarch, are the true representatives of the Nepalese people.

GEFONT Chairman and Secretary General Arrested [top]

Jan 19, 2006: GEFONT along with other recognised trade union centres- NTUC and DECONT has condemned arrest of trade union leaders including GEFONT Chair Mukunda Neupane and the secretary General Binod Shrestha by the Royal Regime.

Issuing a collective press note the recognised trade union centres said- "In order to legalise the autocracy through municipality election ploy Royal Regime has created further anarchy in the name of law and order and started arrest and forceful intervention in public life."

The press note states- "Early in the morning today GEFONT chair Mukunda Neupane and Secretary General Binod Shrestha has been arrested from their respective residence and handed over detention order of 90 days."

"The regime unlawfully conducted search in the GEFONT HQ and continued surveillance. They cut-down the telephone line. Similar surveillance is continued in the office of NTUC with an ill-intention of arresting trade union leaders and activists."

"We on behalf of GEONT, NTUC and DECONT condemned autocratic acts of Royal regime and demand for immediate release of GEFONT Chair and Secretary General including all arrested leaders & activists."

The note concludes with a warning to the regime not to intervene on the trade union rights delegated by laws & constitution of the country.

It is to be noted that the trade union centres are holding a joint meet-the-press at 14: 00 hours today.

Trade Unions Warn General strike [top]

Three recognised Confederation of Nepali Trade Unions today issued a Joint press Communiqué demanding immediate release of trade union leaders and all of the arrested leaders & activists of the on going democratic movement.

"On behalf of Nepali toiling masses, we hereby show our rage and serious concern on gross violation of fundamental rights and brutal repression on the demonstration in recent days" the communiqué says. 

"With the ill-intention to stop the mass protest declared to be organised on January 20, Royal regime has started arrests and heavy suppression. On Grand peaceful demonstration of January 21 as well, barbaric attack was made by the regime with lathi and tear gas. Hundreds of agitators have been arrested." 

The communiqué further stated its concern on arrest of GEFONT Chairman Mukunda Neupane and Secretary General Binod Shrestha before dawn of January 19; acknowledged arrest of the colleagues from NTUC Ms. Manju Bhattarai, Mohan Basnet, and so on.

"The regime has denied reviewing minimum wage of the workers since years; on the contrary it is conspiring to introduce draconian Labour Ordinance aiming to transform existing labour law more repressive."

The Communiqué also underline nature of today’s trade union movement which believes in social dialogue. However, it cautioned concerned authority not to take the union’s tolerance & democratic credence other way around. 

"We strongly demand immediate release of all union leaders including all arrested leaders and activists of the democratic movement. If not released immediately, the trade union movement will compel to organise general strike with a broad coverage of all trade, industry and services."

The communiqué has asked all of the fellow workers to be in alert position; they will be called on any time by the national centres to act. Request is also done to the employers as well to lend their hand of solidarity claiming that this regime would make no sense to any group or class of the society.

The communiqué is signed by GEFONT Deputy Secretary General Umesh Upadhyaya, NTUC & DECONT Genreal Secretaries Achyut Pandey and K.N. Dahal.

It is noted that the administration has arrested GEFONT Chair Mukunda Neupane, Secretary General Binod Shrestha, NTUC CCM Manju Bhattari, Mohan Basnet, Radheshyam Pathak, Shyam Khatri and NNTA Vice President Babu Ram Thapa including various leaders of professional organisations.

The International body of trade unions ICFTU and WCL has already asked the King to release all of the detainees. The global union ICEM and IFJ have also called upon the King similar request. Various trade union centres of the globe are sending their solidarity to GEFONT and other national centres of trade unions and strong protests to the concerned authorities.

Release Now! GEFONT made an international Call [top]

GEFONT has circulated an action alert to the international community asking their solidarity and support.  Before the dawn of January 19, 2006 once again Nepal witnessed a new wave of extreme suppression by the Royal regime. Alleging so-called Maoists infiltration in the declared demonstration of January 20 of the 7-party alliance of mainstream political parties, the Royal regime rushed to attack residence of the many leaders and activists of democratic movement. Among the leaders who have been arrested are GEFONT Chairperson Mukunda Neupane and Secretary General Binod Shrestha. Other leaders arrested from trade union movement are Ms. Manju Bhattarai, Central member and Mr Radheshyam Pathak, District President of Nepal Trade Union Congress (NTUC). GEFONT leaders and NTUC District leader were nabbed from their residence before the dawn; where as remaining one has been arrested from the demonstration late afternoon of January 20. Similarly, Vice President of Nepal National Teachers Union (NNTA) Mr. Babu Ram Thapa has been arrested at a time while NNTA was holding central committee meeting in its own HQ.

GEFONT HQ is still closely monitored by the plainclothes security personals, where as NTUC and DECONT also feel that their offices are also under surveillances.

Besides, more than 100 senior political leaders have already been detained and handed over 90-days detention order. Over 300 activists have been arrested during defying prohibition order before and after the imposed Curfew order. Detail of the story is in news update in our Homepage.

Based on these information; we here by request your solidarity in order to attain our democracy and make possible to release our detain comrades from trade union movement, various mass organisations and the leaders & activists of 7-party alliance.

We believe, your token solidarity would make great change! Kindly Act Now!

Please send fax in following address or you can use the default email with your words.

His Majesty

King Gyanendra Bir Bikram Shah Dev

Narayanhity Royal Palace

Durbar Marg

Kathmandu

Nepal

By fax: +977 14 413577

or +977 14 228235

Solidarity! Solidarity!!! [top]

Stop! Suppression over Nepalese People

The Members of Nepalese Helping Hands Association Malaysia (Nepalese Workers Trade Union in Malaysia) Mr. Bed Kumar Khatiwada, Parash Mani Bhattrai, Jhalak Mani Khatiwada, Raman Khatiwada and over 50000 workers has issued a solidarity statement condemning crackdown against Nepali Democratic movement. Following is the Full Text of their statement:

"We are informed about fragile political situation in Nepalese and the brutal suppression by Government over Nepalese people. We have deep concerned over the Royal government’s declaration of curfew in Kathmandu valley every day in the evening to morning and restricted people to assemble peacefully over the Kathmandu valley.

Certainly it will cause more violence. Ruler should know that Nepalese people are not the silence follower of militarization rather looking forward towards the Republican Nepal, for which seven political parties alliance, civil society, Trade Unions, student associations, Youths, Journalists, Lawyers, professors including all other professionals are fighting for long.

So, in our view the Election of the Municipalities can not maintain the public peace and order with democratic norms in the present context of Nepal. Exception of seven parliamentarian political parties, none of other can represent the Nepalese people. If the royal government want to maintain peace in Nepal, it should announce the cancellation of municipal election and stop brutal attack over all political as well as student and workers activists fighting for democracy including. Finally, we sincerely demand to release all arrested people immediately and withdraw the undemocratic and unconstitutional announcement and banning peaceful assemble demonstration and unnecessary curfew."

Similarly various organisations & dignitaries of the world have sent their warm solidarity to the struggling people in Nepal and protest to the authority. Following is the Detail:

Allied Labour Unions of Independence (ALUI)-Japan

"We are shocked and very much angered at the atrocious attack by the King’s regime.

Japanese workers regard the attack as attack on democracy and all the working people in the world.

We vehemently condemn the crackdown as well as autocracy by the King’s regime. We demand them to immediately release the Chair and Secretary General of GEFONT together with all the leaders of Nepal democratic movement. We plan to make a protest against the Nepal government agency here and join the international actions to put pressure on the King’s regime.

We are in full support to your struggle for democracy, justice, and workers’ rights, and believe you will win the victory like you did in 1990.

All Pakistan Trade Union Federation

On behalf of “All Pakistan Trade Union Federation","Working Women Organization, “Progressive Youth Organization” and its hundred thousands of members would like to express our deep solidarity with our Nepalese comrades struggling hard for the restoration of genuine democracy in Nepal.

We salute Nepalese working class hold successful grand demonstration against the ban on all sorts of protests and demonstration. 

We strongly demanded Nepalese government to immediately release Mr. Mukunda Neupane, GEFONT Chairperson and Secretary General Binod Shreshta arrested from their residence.

We appreciate all pro-people and pro-workers organizations, taking every step to prevent this unjust and terrible situation which dictators created in Nepal, we strongly condemned the brutal action of Nepalese government against the people of Nepal.

Today when world become a global village for capitalists and capitalists have free hand to exploit workers’ very basic rights, local, national and international workers solidarity and unity is one tool to confront capitalist power. On behalf of All Pakistan Trade Union Federation /WWO /PYO, we assure you our fullest cooperation and strong support.

Left Party of Sweden (vansterpartiet)

During the early hours of Thursday 19th the Nepalese regime launched a wave of arrests of oppositional activists. The human rights organization HURON were able to identify 66 persons in custody, but other sources claim that the actual number might be far higher. The arrests occurred one day ahead of a planned mass manifestation for democracy in the capital Kathmandu.

The arrested include leaders of political parties, trade unions, student movements and human rights organizations. Mukunda Neupane- chairman and Binod Shrestha, General Secretary of the General Federation of Nepalese Trade Unions and Bhim Rawal of CPN(UML) are amongst those in custody. Rawal recently visited the congress of the Left Party, held in Göteborg January 5-8.

Furthermore senior political leaders like Madhav Kumar Nepal, general secretary of CPN(UML), and G.P. Koirala, former Prime Minister, have been put in house arrest.

The Left Party of Sweden expressed its full support to the struggle for peace and democracy in Nepal. The authoritarian regime must immediately cease its repression against the democratic movement. The responsibility lies upon the regime to accept the proposals put forward by the democratic movement for a democratic opening and a negotiated peaceful solution to the armed conflict in the country.

PILER, Pakistan

We at PILER are also concerned on NEPAL situation, and condemn the arrest and restriction on the life social and political workers.

We do see this action as part of wider prevalence of undemocratic state structure and mechanisms through out South Asia region.

We are in solidarity with our Nepali friends in their struggle and assure them support on our part.

Hotel Yak & Yeti closed down: Allegedly for labour dispute, but in fact for disguised reasons [top]

The management of the five star Hotel Yak & Yeti located at Durbar Marga in Kathmandu has unexpectedly closed down its hotel in the busiest business season of Christmas and New Year. Although the management has cited “harsh demands of the employees” as the reason for closing down the hotel, the employees deny that they have put any demand.

Upon further investigation, it has been discovered that the management deliberately closed down the hotel to put pressure on the government following the verdict of the Commission for the Investigation of Abuse of Authority (CIAA) and Kathmandu Metropolitan Corporation (KMC) about the land being used as the only access to the hotel. The management unexpectedly and hastily closed down the hotel last week stating that they were not in a position to fulfil the demand of the employees. The petition filed by the management in the Supreme Court (SC) against the employees is also under consideration.

According to the sources, the management closed down the hotel when it failed in its attempts to get the ownership of the land being used by the hotel for the approach road. The hotel has been using the land as the only access since its inception in 1977. The land centrally located at Durbar Marga belongs to Nepal Industrial Development Corporation (NIDC). Despite strong objections from most of the employees, the then General Manager of NIDC Ganesh Bahadur Thapa (who later became the governor of Nepal Rastra Bank) had allowed the hotel to use the land under a lease for 25 years in return for annual rent of Rs 50,000. Following this decision, Ganesh Bahadur Thapa’s huse was constructed near the site of Hotel Yak & Yeti. Although people had smelled of scandal regarding the lease, the matter was not pursued further at that time.

When the lease expired in 2002, NIDC notified the management of the hotel to make a reasonable increase in the rent and get the agreement renewed. NIDC had notified the hotel several times also through national dailies to get the agreement renewed. But the management of the hotel did not pay any heed. Instead it stopped paying the rent since 2002 and started to claim the land as a public property. Then the employees of NIDC filed a petition in CIAA and KMC.

 The recent verdict of CIAA, raising a grave question on the motive of the management of the hotel, has declared that the land belongs to NIDC and that NIDC has the right to decide how to use its property and whether or not to rent it out. CIAA has given directives to NIDC to immediately collect all its due from the hotel for using the land.

On the other hand, Devendra Dongol, the Chief of Mapping Department at KMC, says the land belongs to NIDC and no one can interfere in its right. Mr. Dangol said to the correspondent of Ajako Abhiyan, “CIAA has already decided that the land belongs to NIDC and all evidences justify that the land belongs to NIDC. There are no grounds for deciding otherwise. It will not make any difference if you write that KMC has given its verdict.”

NIDC says that it has allowed the hotel to use the land until now because KMC is going to give its verdict only on the 5^th of January although CIAA has already given its verdict. And NIDC has also informed that it will not allow the hotel to use the land when KMC gives its verdict.

“The land is ours. We have the right to use the land in whatever we decide. As the case has now reached KMC, we have to wait till KMC gives its verdict,” Milan Bikram Shah, the General Manager of NIDC said to the correspondent of Ajako Abhiyan, “A big conspiracy has been hatched not to return the land to NIDC but they will not be successful until I remain in the post.” According to the concerned officials, NIDC will remove the signboard of the hotel and put up a barbed wire fence around the land on the 6^th of January. However, General Manager Mr. Shah says that there will not be any appointed date to put on the fence, and NIDC can do it on any day.

It is to be noted that the land at the location costs NRs. 4 millions per Ana. The land under debate is 1 ropani 14 ana. Thus, total cost of the land amounts to Rs.120 millions. The then General Manager of NIDC B.K. Man Singh had made a proposal before the Board to sell the land to the hotel for about Rs. 50 millions two years back. The Board had rejected the proposal even without considering it. Then the management of the hotel, instead of talking to NIDC, made attempts to get the land declared as public property with the help of Land Registration Office and KMC. However, the attempts were doomed to failure due to the verdict of CIAA.

One of the Directors of the hotel, Purushottam Poddar says - “Not to allow the hotel to use the land is like an order to stop operating the hotel. Had we foreseen that there might be a dispute about the access, we would not have run the hotel there at the first place,” Mr. Poddar added to the correspondent of Ajako Abhiyan, “The hotel needs the land at any cost.”

However, he did not want to elaborate what he meant by ‘at any cost’ and what the management would do if it failed to get the access. The hotel sources say that the management of the hotel is planning to file a petition in the Supreme Court against the verdict of CIAA and KMC subsequent to the announcement of the verdict of KMC so that SC will issue a show-cause notice to CIAA and KMC. Thus CIAA and KMC both will have to put off execution of their verdict. According to the sources, the management has consulted two of SC Judges about the matter.

The employees of the hotel claim that the management closed down the hotel on purpose knowing that NIDC had decided not to allow the hotel to use the land. However, Director Mr. Poddar denied any link between the two incidents, and said that NIDC had refused to give access to the hotel.

It may be recalled that all the members of the Board of Directors of the hotel, except Murari Man Shrestha are of Indian origin. Radheshyam Sarraf is the Chairman of the Board of Directors. Other Board Members are Mrs. Durga Devi, Mr. Arun Sarraf, Mr. Umesh Sarraf and Mr. Purushottam Poddar. Mrs. Durga Devi is spouse of Mr. Sarraf, and Arun and Umesh are their sons. Mr. Poddar is a relative of Chairman Mr. Sarraf. All the high officials of the hotel are Indian nationals.

Dispute between the management and the employees:

It is not the first time that the dispute between the management and the employees has gone to extremes. There were many incidents of hot discussion between the management and the employees.

In 2002, the management called the police who charged the agitating employees at midnight leaving many of them severely injured. The strike came to an end when the management partially fulfilled the demands of the employees. However, the employees have not made any demand this time. But the management has closed down the hotel citing “the harsh demands of the employees”.

According to the provisions of Labour Act, employees of any company have the right to put their demand before the management every two years. In compliance with the provisions of the Act, the employees came down in agitation with their demand for higher pay, reinstatement of all the earlier perks that were withdrawn by the management in 2002, dismissing non-Nepalese employees from the job, increase in travel allowance and updating the gratuity fund.

When the discussion between the management and the employees reached extremes, a tribunal consisting of 3 members was constituted under the Chairmanship of the Deputy Attorney General of the government Mr. Raj Narayan Pathak. Other two members of the tribunal were Advocate Kamal Narayan Das (the legal advisor of the hotel) and Advocate Ramesh Badal on behalf of the employees. Before constituting the tribunal the management had agreed not to withdraw the existing perks available to the employees. From the legal viewpoint, the decision of the tribunal is final and binding to both the parties concerned. Moreover, when the management and the employees reached the decision to constitute the tribunal, they had agreed that they would accept the decision of the tribunal.

After long discussion, the tribunal gave its unanimous decision on the December 2, 2005. The decision reduced the existing perks. The decision of the tribunal reduced the bonus from 6.5% to 6%. Similarly, the decision removed the existing provisions which required the hotel to provide its employees an annual bonus of an amount equivalent to a month’s salary. Under the new provisions, the hotel will give bonus to its employees only when the hotel makes a profit. However, the tribunal has reinstated some of the priviledges, such as medical allowance, which were withdrwan by the hotel in 2002. But the management evacuated the hotel on December 24, 2005 stating that it is no longer able to give a bonus of 6.5% (6% as per the decision of the tribunal). The high officials of the hotel have disappeared. Some of the members of the Board of Directors filed a petition in SC stating that the demand of the employees could not be fulfilled. According to the concerned people, it was the legal advisor of the hotel Kamal Narayan Das, who played the leading role in filing the petition in SC.

The employees say that they have not put any demand. “We have put no demand. We, both the parties, have already agreed to accept the decision of the tribunal. When we asked the management to discuss the way to execute the decision of the tribunal, they closed down the hotel,” say the employees with one voice.

According to the employees, all the rooms and the banquet halls were booked for Christmas, and the hotel was sure to earn more than Rs.15 millions within the week, enough to pay for all the perks prescribed in the decision of the tribunal. But ignoring the flow of income, management compelled the guests to evacuate the room disgracefully at midnight. The security personnels asked the guests, who were enjoying a good night’s rest, to leave the room immediately. The employees informed that some of the guests even wept and implored the guards to spare them for that night but the guards did not listen to their request. An employee on duty when the incident took place said, “The guests were compelled to leave the room as if they were terrorists.”

On the other hand, Director of the hotel Mr. Poddar accused the newspapers and claimed that the guests had been requested to leave the room in the day time. Commenting on the decision of the tribunal, Mr. Poddar said, “We will not fulfil the employees’ demand no matter what the tribunal says. The hotel has gone in loss since last three years. How can we fulfil the employees’ demand?” The annual report of the company shows that the hotel incurred a loss of Rs. 23.9 millions in the fiscal year 2001/02, Rs. 2.9 millions in the fiscal year 2002/03 and Rs. 7.3 millions in the fiscal year 2003/04. But people and employees have doubts on these reports.

The hotel was in news recently also for a number of other reasons. Only a few days before closing down of the hotel, the security personnel of the hotel had stopped and searched the car of the Chinese ambassador to Nepal when he was going to his residence located on the hotel premises. Dr. Tulsi Giri had also been staying in this hotel before he was appointed as the Vice-president of the Council of the Ministers last year. It was reported that he had not paid his hotel rent. Nepal Country Office of the World Bank and the Office of the American Information Centre are also located on the premises of the hotel. The hotel is preferred residence of high level foreign nationals who stay in Nepal for a long time in connection with their job. The American CEOs of Nepal Bank and Rastriya Banijya Bank have also been staying in this hotel.

Yak and Yeti Management Denying the decision of Tribunal

On the eve of Christmas on 24th Dec, 2005 the management of the hotel Yak and Yeti ordered all guest to move from the hotel. Workers were surprised when they had prepared every thing for celebration of charismas.

At the end of 2004, when the collective bargaining agreement of 2002 came to end, the management announced that they would not continue the facility as provided earlier. As of the practice and the on the basis of Labour Act, 1992, the authorized Trade Union affiliated with GEFONT submitted the 5 point charter of demand on 1st Jan 2005. The management denied to bargain with good faith after Feb 1 because of Royal take over and suppression on democracy.

On the backing of Royal government, management tried to lockout union’s office and its notice board. However, it couldn’t continue because of union resistance. After series of dialogue, the management and union could not reach to an agreement. Hotel is declared as essential service and the government suspended the right to strike in Hotel. On July 6, 2005, the union and management agreed to set up a tribunal and the decision shall be obey by both sides.

On 4th Sep 2005, the Government setup a tribunal fixing a 3 month period of time to give the decision. Finally on 2nd Dec 2005 it aired the verdict. The main decisions are:

1.       Collective Bargaining Agreement shall remain the same and so the workers wage and facilities.

2.       Workers demand to increment in basic salary, dearness allowance and house rent is denied, however, existing practice shall remain same.

3.       No Profit sharing bonus in case of hotel being in loss.

4.       The practice of 6 percent annual salary increment shall be continued because such decision was made by both parties in 2003.

5.       Gratuity should be paid on the basis of last drawn salary because hotel is failed to create gratuity fund as instructed by the Labour Act and rule made there under.

6.       The existing coverage of medical insurance policy should be continued and employer should bear all premiums because it is mentioned in its letter of appointment.

7.       Other facility shall remain the same and the union and management should not violate the law of the land.

After the unanimous verdict made by the tribunal the union requested to follow it and implement. However, management denied and lockout all of a sudden and filed a case in Supreme Court saying that they disagreed on the issue of medical benefit, gratuity and annual increment.

News Brief [top]

GEFONT organised Child Support Campaign

December 21, 2005; Dhading

In association with Korean NGO- Solidarity for Migrants Rights, GEFONT distriubuted various relief materials to the working families of stone quary of Mahadev Besi of Dhading District. Under the child support campaign 300 families working their received blankets and warm clothes to the 270 children on that occasion.

GEFONT Chair Mukunda Neupane and Cecelia of Korean NGO- Solidarity for Migrants Rights distributed relief materials.

Similarly, on Dec 17, GEFONT Deputy Secretary General Umesh Upadhyaya distributed sewing machines 12 Dalit families in Capital under the campaign "Children out of work into school; Adults into work."