National football team in Pokhara

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The National Football Team of Bhutan has arrived in Nepal, Tuesday. Representatives of the Nepal Sports Council received the team at the Tribhuvan International Airport (TIA), Kathmandu.

The 24-member Bhutanese team — including 18 players — landed at the TIA in Kathmandu Tuesday morning before flying down to Pokhara.

The friendly matches are slated for Thursday and Saturday at the Pokhara Stadium. The Bhutanese team is in Nepal as part of its preparation for the play-off matches against Afghanistan on March 23 and 25 in New Delhi.

The winner of the playoff will join Nepal, North Korea and Sri Lanka in the AFC Challenge Cup Group ‘D’ qualifiers. President of Kaski FA Khem Bahadur Gurung among others members and sports personalities welcomed the team.

The Nepali team is already in Pokhara for friendlies and one-week closed camp for the qualifiers, slated for April 7-11.

Camp Secretaries urge GoN to exercise repatriation

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Camp Secretaries of all the camps of Jhapa and Morang have appealed the Government of Nepal to explore possibility to excercise the dignified repatriation of the Bhutanese refugees.

In an email petition sent to Nepali Prime Minister Jhala Nath Khanal, the secretaries have said, refugees in camps have been forced to opt the third country resettlement program by the United Nations High Commissioner for Refugees and International Organisation for Migration, informed Beldangi Camp Secretary, Dhan Bir Subba, on Sunday.

“What was most disheartening for us was that the thir country resettlement was put into effect without the general consent of the refugees, particularly those who had worked to settle them in camps in coordination with the Government of Nepal and other organisations,” the appeal letter said.

They have said, that some international organisations based in Damak have been strongly and openly giving a push to the idea by actively campaigning and motivating the refugees for the resettlement.

Asking PM Khanal to review and appraise the refugee issue, the secretaries have also urged the Nepali government to act to set in motion the process of repatriation.

Download appeal ( part-1 & part-2 )

Condition of Lhotsampa unknown after arrest by RBA

The Human Rights Organisation of Bhutan (HUROB) has called on human rights defenders to ask the Government of Bhutan to disclose the whereabouts of one Motikhar Acharya who was arrested by Royal Bhutan Army on Feb 26 from Gelephug.

HUROB said, he was arrested on “charge of earning the heredity property of his parents” after his parents were evicted from the country in 1992.

Issuing an urgent action circular to media and human rights organisations, Chairperson of the HUROB, SB Subba said, an urgent intervention was required to know the condition of Acharya after his arrest.

According to Subba, Acharja is the son of Devi Charan Acharja, who was evicted in 1992 and registered as a refugee in Beldangi-II extension, sector-E, hut number- 43/44.

Download HUROB Statement

Govt, UN prepare to consolidate camps ; Just two camps to exist after 2012

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The Government of Nepal, in coordination with UN refugee agency, has decided to ´consolidate´ seven Bhutanese refugee camps into two within the next two years.

Officials at Home Ministry said the decision was taken as over 40,000 Bhutanese refugees, who were living in various camps in the country´s eastern region have already left for third country settlement and more are in the process to leave the camps, Republica daily wrote on Friday from Kathmandu.

Home Ministry Spokesperson Jaya Mukunda Khanal said they will merge the refugee camps of Goldhap, Timai and Khudunabari in 2011 and the ones in Beldangi II and III the following year. “The plan is to have only two refugee camps — Beldangi and Shanischare — by the end of 2012,” he said.

Khanal, who also heads the National Unit for the Coordination of Refugee Affairs, said local administration and UNHCR office have already been asked to facilitate the consolidation process, added the daily.

Officials said the families that would be affected by the consolidation of camps in Goldhap, Timai and Khudunabari will continue to receive support through development activities carried out with assistance from UN agencies.

The government plans to use the open areas left beindafter the evacuation for plantation.

The UN refugee agency with the support of International Organisation for Migration started third country resettlement program in 2007 after repeated round of dialogues between Nepal and Bhutan failed to resolve the crisis.

A total 43,132 refugees have left for third country settlement to eight countries as of February 15. Of them, 36,722 chose to settle in the US and 2,469 to Canada. Likewise, Australia, New Zealand, Norway, Denmark and UK have accepted 2,208, 552, 373, 468 and 111, respectively.

Some 70,000 refugees are currently living in the refugee camps. “About 75 percent of them have expressed willingness to be settled in a third country,” said a Home Ministry official.

Resettlement in New Zealand – II

In the first part, you can listen at a conversation with a resettled fellow from Sanischare camp, who recently visited the camp after he was resettled in Australia in 2008, being moderated by  Lakpa Tamang of Sanischare camp. In the second part you can listen at Bidesi Chautari where Ramesh Gautam from Norway talks to Mitra Rai in New Zealand.

Social Media: Facebook revolts from Tunisia to Bhutan

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As per an open request posted in his blog by Opposition Leader Tshering Tobgay on February 14, a person called Kinley Shering has started “amend the tobacco control act” in one of the most powerful media, the facebook.

Sonam Tshering after he was convicted by Thimphu Court/Globalvoicesonline

As of Sunday, the group has 244 members, including the OL and executive director of Bhutan Media Foundation Lily Wangchhuk and Sonam Ongmo, Bhutanese Alien in NY blogging on issues relating to Bhutan, the himalayas and south Asia, among others. There are other lawmakers in the campaign,too.

Sonam Ongmo has even mentioned in her blog — the Prime Minister is reported to have said that the page was inspired by the events in Tunisia and Egypt. She cited a source from a twitter post, “PM says FB page against Tobacco Act inspired by Tunisia, Egypt & Libya and is not good. “Am I a tyrant,” he asked.”

On March 5, Prime Minsiter Jigmi Y Thinley said that street demonstrations and movements in such cases were unpredictable in their outcomes and were necessary only in countries where the rule of law is undermined by authorities; where democracy had failed and where there was no other way to draw the attention of those in power.

However, OL Tabgay has been repeatedly saying that he doesn’t want people to capture the streets to demonstrate against the law. “What I want people to do is to inform their leaders, the ones we voted to power to do something about has perhaps become one of the most hilarious acts of democracy.”

Meanwhile, Lily Wangchhuk posted her opinion in the facebook page fearing  that the court verdict on Sonam Tshering might tarnish Bhutan’s image.

She wrote, “I have no doubt our law makers have formulated and enacted the act with the best of intentions for the country and her people. But if the intention of the country is to take care of the physical health and well being of the people of Bhutan, than banning and imprisonment is no solution to put an end to consumption of tobacco.”

According to Wangchuk, Bhutan attracted international attention when the ban was imposed few years ago. However, she said, the recent event would culture a lot of undesirable and negative publicity.

Most of those who have commented in the social media page expressed their joys as the country implemented its Tobacco Control Act for the first time. However, they say, the court verdict should be reconsidered or at least lightened to suit the gravity of the crime, Sonam Tshering has “unknowingly” committed.

Sonam’s father narrates his woes
According to Cee Dee Jamtsho’s post in the facebook page, Pem Phula, the father of Sonam Tshering and a farmer by background, is an extremely unhappy man. He knocked on several doors, but unsuccessfully, to seek help to extricate his son from the clutches of a law his son allegedly did not know it existed.

“When a poor person like me is unhappy and in need of help, there is no one to help,” he said. “I am an uneducated man and, let alone be aware of the tobacco act, I don’t even know my own mobile number.”

He said his son had bought tobacco worth around Nu 120 from Phuentsholing and due to which he was arrested and sentenced to prison for three years. He had not even hidden the tobacco in the vehicle he was travelling back home.

“Had he known about the law, he would have hidden and would not have been caught,” he told Bhutan Today.

Like him, his son is also an ignorant young man, he said. During vacations, the son comes home and is in the forest most of the time looking after cattle. After that he is back at the Shedra –an institute for Buddhist studies.

“When I go to meet him (in detention center), seeing him handcuffed like a criminal hurts me a great deal and he cries a lot on seeing me,” he said. “But I am helpless; I cannot do anything for him.”

The son’s problem is just one of several he has. Just recently, his daughter did not get school admission.

“Where can a poor man like me turn to for help?” he asked.

How is Sonam’s condition?
According to the OL, who visited Sonam at the detention center said before and after the verdict, the convicted was confused. “He was distraught. And he was scared. Very scared,” he wrote in his blog.

While, Cee Dee Jamtsho reported to her friends in the page that he was handcuffed like a serious criminal when she visited him. “He shared with me that he was not aware of the law and by the time he could know, he was locked up in the detention cell,” she said.

However, there are rays of hope for the convicted monk student. The OL said, he has found a lawyer who will volunteer to make an appeal at the High Court.

His blog post reads, “Sonam Tshering now has legal help. Ritu Raj Chhetri, an accomplished lawyer and ex-PDP candidate, has agreed to represent him free of charge. Earlier today, I went to the detention center to meet Sonam, and to introduce him to his legal counsel. I’m hopeful.”

If you are interested to join the facebook page, though closed but still allows requests from new members, why don’t you give a try now at ‘Amend the Tobacco Control Act’?

My Explanation on Tobacco Control Act

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The Tobacco Control Act and the sentencing of former monk, Sonam Tshering, have been blown out of proportion. I sympathize with the sentiments of the people who are affected by the severity of the sentence and believe that it is important to provide a clear perspective on the issue.

What has been overlooked by the media and some sections of the Bhutanese population is that the Tobacco Control Act, introduced in the National Council (NC) by the Ministry of Health, debated in both the NC and the National Assembly (NA) was enacted by parliament with all members of the NC having voted in favor while only three voted against the bill in the NA. It was, therefore, a decision of the majority in parliament and therefore, the majority of the Bhutanese people.

Sonam Tshering has now been convicted in a court of law, not by the government or parliament.

I feel sorry for him and have empathy for members of his family who must bear the pain of his misdeed. I can understand why many people feel that the punishment is incongruous to the crime. But then, that is what the law has prescribed. In the end, it is not about how much of tobacco he was carrying, it is about committing an illegal act.

Although the members of the Lhengey Zhungtshog and parliament might individually harbour differing views, and disagree with the law, the government is bound to stand by the side of law. Likewise, all Member of Parliaments who debate and vote on an issue in parliament have the ethical and moral obligation to stand by the will of majority as manifest in the laws made by it.

However, the Royal Government — elected by a majority of the populace — has and shall always stand by the will of the people. Therefore, if the people want the Tobacco Control Act, or any other Act, to be amended, there are proper procedures for amendment. No law is perfect and all laws can be changed as compulsions and values of society change.

However, the government will not respond to any attempts to create hysteria on the issue through any forum including the social media. Likewise, street demonstrations and movements in such cases are unpredictable in their outcomes and are necessary only in countries where the rule of law is undermined by authorities; where democracy has failed and where there is no other way to draw the attention of those in power.

We must avoid bringing in practices that are foreign to Bhutan and go against the interests of true democracy. In a country that is committed to establishing a unique democracy, we must find ways and means to express our will and opinions in the most civilized and effective ways using means that are democratic, relevant and peaceful.

The government encourages the people of Bhutan to express their views and to propose amendments to existing Acts through their elected representatives who are duty bound to represent them in parliament.  I encourage the people to call or write to your own MPs, as responsible members of your constituency, not as anonymous voices in the media. You must prevail upon your MPs to act on your behalf.

(This is the unedited version of a statement issued by Prime Minister Jigmi Y Thinley on March 5, 2011, following massive criticism from the opposition party and media on the recent verdict of the Thimphu Court on monk student Sonam Tshering sentencing him a jail term of three years. Download Tobacco Control Act 2010.)

The court verdict issued on Sonam Tshering is attached below

OL meets Sonam Tshering; Lawyer says court passes verdict without prosecutor

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Opposition Leader (OL) and President of People’s Democratic Party, Tshering Tobgay,  on Friday visited Sonam Tshering, the first Bhutanese citizen to be convicted under the anti-smoking law, at his detention camber and expressed such a long stay in jail would destroy the career of the 23-years-old monk student.

OL Tshering Tobgay

OL Tobgay told reporters yesterday in Thimphu that Sonam Tshering wanted to appeal to the high court.

The next opposition party member and Member of Parliament from Gasa, Damchoe Dorji, commented that the sentence should be appropriate to the degree of crime committed. He said his party never debated and voted for the anti-smoking act in the parliament.

MP Dorji also questioned if the court verdict to slap a three-year jail term to a monk accused of purchasing just 48 packets of tobacco was just to gain the international recognition. . “Everyone knows the sentence was not proportionate,” online edition of the Kuensel wrote quoting Dorji as saying. He demanded amendment at the earliest.

OL Tobgay, who also met another accused, Lhab Tshering being tried at the same court on tobacco smuggling, said one lawyer Choeda of UC Associates would represent Sonam to make the Thimphu Court’s verdict bailable at the High Court.

The Lawyer commented to the Kuensel that the judgment was passed without even having a prosecutor for Sonam Tshering.

“No judge can pass the judgment without a prosecutor,” he said. “If he cannot afford then the state should provide the lawyer according to the civil and criminal procedure.”

Kangaroo court slaps 3-yr prison term to convicted monk

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The government said it has implemented the tobacco control act of Bhutan, 2010, as Thimphu district court slapped a jail term of three years on a 23-year-old monk student on Saturday.

The monk student, who is named Sonam Tshering of Semtokha Shedra Monastery, was found smuggling tobacco.

He was arrested and detained on January 24 after he was caught with 48 packets of chewing tobacco. The court verdict said, the tobacco worth Nu 120 that he purchased from India was illegal.

However, the victim confessed to the court that he was unaware of the existing law on tobacco and bought the drug for his personal consumption.

“I should be punished, but the penalty could have been lighter, as I wasn’t aware about the act,” the Kuensel wrote, quoting Tshering as saying after the verdict.

According to a press release from the court, although Tshering pleaded that he was ignorant about the law and appealed leniency for his crime, the court ruled that law surfaces after a proper legislative process, the report said.

“Ignorance of law is no excuse under the juristic principle, and that the law represents the popular will of the people,” stated the press release.

He was granted 10 working days to appeal to the high court.

Dorji confers with UCPN (Maoist) Chairman Dahal

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Druk National Congress (DNC) President Rongthong Kunley Dorji on Monday called on Unified CPN (Maoist) Chairman Puspha Kamal Dahal and held discussion on the long-standing Bhutanese refugee issue.

During the meeting held at Dahal’s residence at Naya Bazaar of Kathmandu, Dorji briefed him about the strategic alliance of political parties and human rights organizations.

DNC President with UCPN (Maoist) Chairman Dahal/Picture Courtesy : Karma Duptho

In response, Maoist Chairman Dahal assured Dorji that the UCPN (Maoist) would seriously look into the Bhutanese refugee issue.

“I have my solidarity with your cause and always support the democratic struggle of the Bhutanese refugees,” Karma Duptho, who accompanied Dorji, told Bhutan News Service quoting Dahal as saying.

According to Duptho, President Dorji informed the Maoist Chairman that the alliance has expected supports from the Government of Nepal.

“The alliance aims to approach the Government of Nepal to facilitate a dialogue between the alliance and the Government of Bhutan, so that it could work on the terms and conditions for return of the refugees, human rights organizations and political parties to Bhutan,” Duptho quoted Dorji as saying to Dahal.

Dorji, who has been lobbying with Nepali leaders after he was asked to lead the strategic alliance, also told Dahal that Bhutanese in exiles have the high expectations from the GoN.

The strategic alliance consists of Druk National Congress, People’s Party, Bhutan National Democratic Party and Bhutanese Movement Steering Committee.