***ANLUS heartily welcomes new members***

ANLUS heartily welcomes the following law practitioners and law students who have expressed their interest in becoming member:

Mr. Shamvu Kumar Karki, Boulder, CO (720)341-8019 (shamvuji@gmail.com). Mr. Karki completed LL.M in Human Rights and Gender Justice from Kathmandu School of Law (2007) with dissertation on Application of International Humanitarian Law in Nepalese Armed Conflict (Special Reference with Arbitrary Arrest and Detention, Disappearance and Killings). He has a Bachelor of Law (B.L.) from Prithvi Narayan Campus, Pokhara, Tribhuvan University (2002) and an Intermediate of Law (1998).  He has also attended seminars such as International Human Rights and Humanitarian Law,; Socio-economic Rights and Good Governance; 3rd South Asian Solidarity for Rivers Peoples Forum, and Fair trial & development skills of using international human rights law in domestic situation.He worked for Advocacy Forum, Water and Energy Users’ Federation Nepal (WAFED) and Education Sector Advisory Team (ESAT). He is interested in working in the field based work and give direct benefit those people who are living in grassroots level, Human rights, Child rights field and advocacy and challenging opportunity to combine with multidisciplinary skills of right based works, human rights.

Pralad Bhattarai (bpralad@yahoo.com) is an Attorney from Nepal. He is currently in NYC working as a Research Intern in Asian American Legal Defense and Education Fund (AALDEF) Manhattan, NYC. He completed Bachelor in Laws (Five-Year LLB) in International Human Rights Law, Public International Law and International Humanitarian Law from Kathmandu School of Law (KSL), Nepal in 2008. He has participated in various conferences including the Consultative Conference on International Criminal Justice, Harvard University; 2007 Phillip C Jessup International Law Moot Court Competition, arguing before the International Court of Justice in The Case Concerning the Rotian Union; Second South Asian Henry Dunant Memorial Moot Court Competition; adjudged the “Best Memorial” and awarded with the Gold Medal; presented the paper titled “Protection of the Rights of Victims in International Criminal Justice System: Redress Mechanisms” in The Edict Conference, on the “Criminal Justice Delivery System in the Age of Globalization”; participated in the Asian Youth Conference titled “Challenges and Opportunities for Youth of Asia” organized by Young Liberals and Democrats of Asia; participated in the “Youth Seminar: Towards a Free and Responsible Society” organized by Youth Initiative Nepal, and participated in the “Fourth Human Rights Summer School Course on Human Rights and Globalization”. He is currently a Research Intern at the Asian American Legal Defense and Education Fund (AALDEF), Manhattan NY City, USA and is currently engaged in language rights of immigrant students in California and Bilingual School Teachers Case in Massachusetts projects.  He has also worked for the Judges’ Society Nepal; edited a Journal named “Nyaya Chautari”; been a liaison person between my office and The International Legal Foundation; researcher and a Rapporteur in the development of “Women and Children (Victim/Witness) Protection Guidelines” a joint venture of Judges’ Society, Nepal and National Judicial Academy Nepal; worked as a researcher during internship placement in International Committee of the Red Cross (ICRC) Nepal to name a few. He has written a LLB dissertation on “Addressing impunity in Nepal, requiring ratification of the Rome Statute of International Criminal Court: Problems and Prospects” and published number of articles in Law School Journal namely on Human Rights, Constitutionalism, and Transitional Justice etc.

Advocate Kabita Pokhrel (730) 314-8738 (kabpokhrel@gmail.com)is currently pursuing MBA studies in International Business Management in the US. She has practiced law at Law and Society Counseling and Research Center in Kathmandu, Nepal. She has moderated 3 days workshop on Child Rights in different district, organized by Central Child Welfare Board; conducting ‘Market Analysis for the Expansion of Rugmark Program’, Nepal Rugmark Foundation; worked as a Legal Research Officer with UNICEF’s Global Study on Child Poverty and Disparities, as a consultant for project review of NaLAN’s Prisoners’ Legal Aid and Paralegal Service project ; conducted Series of Human Right Training in different Districts, Nepal Bar Association; facilitated 4 days workshop on Principle of Federalism, organized by ICJ Nepal; oriented medical professionals of Star Hospital Pvt Ltd on” Legal and ethical issues in hospital management”; conducted School awareness program on child right, trafficking child abuse in different District organized by World Mobilization; Legal Research Officer Freedom Forum; prepared   Child right, Human Trafficking, CEDAW based documentation for different organizations; translated and done Rapporting on Public Security Reform in Nepal organized by Nepal Bar Association in collaboration with Enabling State Program Nepal. She also worked as a Program Officer (Legal) for The Daywalka Foundation (TDF), an INGO working for the prevention of human Trafficking especially of Women and Children. She has also conducted various workshops and Trainings ion the field of law. In addition she has also assisted in compilation and editing of the book named “Collection of Supreme Courts Verdict on Human Trafficking” published by TDF, Nepal, as well as on research project ‘A Study on Male Trafficker Prisoners’ conducted by TDF, Nepal. She worked as a Part time Lecturer with Lord Buddha Education Foundation teaching Business Law, Entrepreneurship Development, and Human Resource Management for B.Com.,BBA and MBA. Likewise she worked as a Volunteer Legal Officer with Legal Aid and Consultancy Center (LACC) and as a Lecturer with Marryland Higher Secondary School. She has a Masters in Law from Nepal Law Campus (2008), Masters in Business Studies from Central Management Department (2006), Bachelor in Law from Nepal Law Campus (2004) and a Bachelor in Business Studies from National Campus for Business Studies (2001)

Advocate Ganesh Shrestha, Pennsylvania (571) 236-3910 completed his Intermediate and Bachelor in Law from Nepal Law Campus, Tribhuwan University and a LLM from Purwaanchal University, Kathmandu School of Law (Criminal law and Justice). He has been in the legal profession since 1999. His expertise is in Criminal law and Forensic Science.

Advocate Basundhara Thapa Magar (UK) has been in legal practice in Nepal for almost 12 years. She has a LLM degree in Criminal Law from Kathmandu School of Law (2008) and is currently in the United Kingdom.

Advocate Bidur Dhungana is also currently in the US since July 2009.

Advocate Biswo Jit Khadka, Washington DC, completed Bachelor of Laws (LL.B) from Purbanchal University, Kathmandu School of Law (2009). He has conducted a one month research on ‘role of electronic media (on Televisions) in strengthening democracy and peace process in Nepal”; research on ‘Socio-economic, political situation and rights of marginalized communities’ in Far Eastern part (Ilam, Jhapa, Udaypur districts); ‘Advocacy and awareness program for active participation in Constituent assembly election’ for marginalized community in western Nepal (Banke and Bardia); observer in Constituent Assembly election for Bhaktapur district through election commission Nepal; conducted research on ‘crime trends and ratio in Kathmandu valley, after 2005/2006 people’s movement in Nepal’; supervised LL.B. students for research on ‘crime trends in Kathmandu valley and interned and researched in “Clinical legal education program” at Kathmandu School of Law under the USAID project. He is also a member of world society of victimology, an active member of Law Student society, Kathmandu school of Law, ‘Student Lawyer’ on Clinical legal education program at Kathmandu School of law on support of USAID; general member of International law student Association (ILSA) and  American Society of International Law (ASIL).

Advocate Dhani Ram Sapkota (201) 779-6394 is currently in Jersey City, NJ. He completed his LL.M. from Nepal Law Campus in 2001 and a Masters of Arts in Human Rights from Bangkok in 2008.

Ms. Amrita Chiluwal, Franklin Pierce Law Center, J.D. 2011, is a Nepali law student in the US looking to network with other Nepali lawyers.

Ms. Shrishti Kharel, undergrad South Dakota State University, Brookings, SD will be joining Law school for JD in 2010. She wants to network with Nepali Women Attorneys and Law Students in the US.

James Ugbogu is a young Nigerian Lawyer based in Nigeria, interested in becoming a member of ANLUS.

Melissa Upreti, Senior Regional Manager and Legal Adviser for Asia

Melissa Upreti is Senior Regional Manager and Legal Adviser for Asia in the International Legal Program. She is coordinator and main editor of two of the Center’s signature publications, Women of the World, South Asia, and Women of the World, East and Southeast Asia. She led a fact-finding mission to investigate women imprisoned for abortion in Nepal and is coauthor of Abortion in Nepal: Women Imprisoned. She has designed and conducted human rights trainings in India, Nepal, and the Philippines and is involved in reproductive rights litigation projects in those countries. More recently, she was instrumental in securing the constitutional recognition of reproductive rights in Nepal and has been involved in efforts to promote the use of the Optional Protocol to CEDAW in the region. Prior to joining the Center in 2000, she was a Program Officer at the Asia Foundation in Nepal. She has a LLB from India and received her Master of Laws from the Columbia University School of Law, where she was a Stone Scholar.

Program on US immigration law for Nepali Community

A program on US immigration law for Nepali Community was held on November 8 in Davis California. The program organized by McGeorge School of Law, Immigration Clinic and Nepalis & Friends Cultural Association (NAFCA) was participated in by Nepali community in Davis, Sacramento and Woodland. NAFCA president Uddhav Giri introduced the program. Professor of McGeorge School of Law, immigration clinic Ms. Griselda Trujillo assisted by other two McGeorge students Rudra Sharma and Chris made the presentation. The presentations covered family immigration, U visa, T visa and Naturalization. Former NAFCA president Anup Shrivastav, NAFCA executive committee member Basu Dhakal and Rabin Pandey extended significant contributions for the program. The participants found the program to be very useful and relevant.

For a detailed article by Advocate Rudra Sharma on this topic, see from-green-card-to-citizenship

ANLUS welcomes Advocate Rabin Subedi

ANLUS welcomes Advocate Rabin Subedi in the United States.

Advocate Rabin Subedi is in the US in Columbia University as a Visiting Scholar. He is also a part of LLM student in a full scholarship offered by Public Interest Law Institute. He will be in Columbia University for four months and three months for internship at an organization assigned by Public Interest Law Institute. After 8 months in the US, Advocate Subedi is scheduled to go to Hungary for two months in the human rights field.

Advocate Subedi, a leading young human rights defender in Nepal, completed his LLM from Tribhuwan University in 2002.

ANLUS welcomes Advocate Yadav Dulal

Advocate Yadav Dulal in pursuing Orientation in USA Law Program at University of California-Davis. The program.

The 2008 Orientation in U.S.A. Law program marks the 19th anniversary of this successful international summer law program. Lawyers, judges, prosecutors and defenders, notaries, law professors, pre-LL.M. students and business professionals attend this program to gain a better understanding of the theories and practices of the U.S. legal system. Participants engage in more than 170 hours of classes, seminars and on-site observations. Many participants begin with the Orientation in U.S.A. Law program and then continue with the specialized programs in Financing International Transactions (offered in 2008), Structuring an International Joint Venture (offered in 2009) and The Global Trading System (offered in 2010). However, the Orientation in U.S.A. Law is not a prerequisite for any of the three specialized programs. All participants attend core classes three hours daily on such topics as: U.S. legal system, torts, intellectual/real property, taxation, dispute resolution, remedies, business structures and contracts, civil procedures, Antitrust regulations, labor relations/environmental law, ethics, legal research, negotiation, arbitration, mediation, e-commerce. Participants choose afternoon or evening elective seminars three hours daily that are related to their areas of specialization. General topics are: business and trade, law school preparation for pre-LL.M. students, U.S. criminal justice system, judicial management, on-site visits and observations. The Orientation in U.S.A. Law program draws law school faculty from the University of California at Davis and includes outstanding legal practitioners and business experts representing major California firms that perform international legal work. All participants will receive a certificate of attendance if they attend class regularly. Academic credit from any of these programs may be applied toward the part-time summer International Commercial Law LL.M. and/or the Licentiate in International Transactions Involving the United States.

ANLUS welcomes Advocate Sudip Dwivedi

Advocate Sudeep Dwivedi has a Master’s degree in Accounting and a bachelor’s degree in Law with 9 years of work experience in service business (Law Firm). Dwivedi is currently pursuing M.B.A. at Maharishi University of Management, Fairfield, Iowa. He has Master’s In Sociology and Anthropology, Nepal,(2007), Bachelor of Law (LL.B), Nepal (2004), Master’s Degree In Business Studies, Nepal (2003) and a Bachelor’s Degree In Business Studies, Nepal, (2001). As an advocate he was working with Legal Research Associates in Nepal. He has extensive working knowledge in accounting field as well. Dwivedi is a member is Nepal Bar Council (NBA), Appellate Court Bar Association Patan Nepal, and Nepal Human Rights Organization of Nepal (HURON).

New Member : Debbie Satyal (JD)

Debbie Satyal recently graduated with a JD from Boston College Law School in May 2008. Satyal also has a Master of Arts in Political Science from Florida Atlantic University (2005) and a Bachelor of Science in Public Relations and Political Science from University of Florida (2004). Satyal is a Law School Alumni Association Scholar, Recipient of William O’Keefe Award and University “Committed to Change” Award, participant of the National Mock Trial Team, President of South Asian Law Student Association, the Chair of Law Student Association Diversity Committee, President of Zeta Phi Beta Sorority, Founder of the Nepali Student Association and a proud Recipient of the Political Science Outstanding Achievement Award.

Satyal has worked with JM Family Enterprises, Inc. as a Law Clerk to Vice-President and General Counsel (2007) in the field of intellectual property trade matters; with Roselli & Vasudeva, LLP/Boston College Law School Immigration Clinic (2006) interviewing and preparing asylum trials; with Boston College Immigration and Asylum Project (2006) litigating deportation trial in Immigration Court, drafting direct examination and expert testimony questions and conducting screening interviews for potential immigration clients and assessing relief options. Satyal was also a Teaching Assistant for American Government and International Relations at Florida Atlantic University, Political Science Department (2004-2005). Satyal is multilingual in English, Spanish and Nepali. Satyal appeared for the New York State bar in July 2008 and currently awaiting her results.

Satyal’s publication: Alexander Ndaula & Debbie Satyal, Rafiu’s Story, in Keeping Out the Other: A Critical Introduction to Immigration Enforcement Today (Philip Kretsedemas & David C. Brotherton eds. Columbia University Press, April 2008).

ANLUS welcomes Advocate Reshma Thapa (LLM Full Scholarship Recipient – University of Notre Dame)

ANLUS welcomes Advocate Reshma Thapa in the US. She is here on a full scholarship program for LLM studies at University of Notre Dame.

Ms. Thapa has been working as a human rights defender with leading international non profit organizations in Nepal for the past 8 years. Her portfolio includes Human Rights House, International Commission of Jurists, LAWYERS, LANCAU, HUREP to name a few.

Ms. Thapa is considered as one of the leading young lawyers in Nepal in the field of governance and democracy, humanitarian affairs, minority rights, women rights and constituent assembly elections.

She can be reached at reshmathapa@gmail.com .

Senior advocate title for 25 lawyers

Kantipur Report

KATHMANDU, Aug 4 – The Supreme Court (SC) on Sunday decided to award 25 lawyers with the title of senior advocate. However, not a single woman made it to the list of new senior advocates this time. A meeting of the Full Court, the highest policy-making body of the judiciary, took the decision to confer the honorary title to prominent  lawyers as per the recommendation of a committee headed by Justice Anup Raj Sharma, said SC spokesperson Til Prasad Shrestha.

Some prominent names to be honored with the title included Attorney General Yagya Murti Banjade, former Attorney General Badri Bahadur Karki, former member of parliament Harihar Dahal, Bharat Raj Upreti, Prakash Wosti, Kamal Narayan Das and former Supreme Court Justice Pawan Kumar Ojha.

Other names included Bishnu Prasad Nepali, Amar Bahadur Pande, Narayan Prasad Khatri, Narayan Prasad Yadav, Madan Bahadur Thapa, Arjun Prasad Lamsal, Netra Bahadur Nepal, Kousal Kishor Dwibedi, Gauribar Prasad Agrawal, Yogendra Kumar Sharma, Devendra Singh, Laxman Lal Karna and Narayan Ballav Pant. Likewise, other new senior advocates to be honored are Padma Nath Sharma, Binod Kumar Sharma, Lila Prasad Sapkota and Ram Prasad Sitoula.

The Supreme Court decided to confer the tile on the basis of seniority, contribution to society and the judicial system and high morality, said Justice Sharma.

The committee comprising Sharma, Justices Bal Ram KC and Tahir Ali Ansari recommended the names after over a year long study. The court had conferred the tile to 15 lawyers, including a woman three years ago.

When asked why a single woman lawyer did not qualify for the title this time, Justice Sharma said, “We tried our best but it was very difficult to ignore the seniority system.”

Rising food prices: Impact on global food security

Sirjana Sharma, LLM (Co-Founder:ANLUS Nepal)

Southern M University, TX, USA

Global food prices have been skyrocketing over the last one year. As food producers and exporters, including India, China and Vietnam, are curbing exports to meet their internal requirements, protect their stocks and check inflation, the food crisis might further worsen. Nepalese consumers are also bearing the pinch of food price inflation. As a net food importer, Nepal may face a severe crisis with a negative impact on food security if the government does not look into the matter immediately.

Realizing the need to discuss the soaring food prices in the international market and devise strategies to combat their impact on the food security situation in Nepal, ActionAid Nepal and SAWTEE jointly organized a bi-monthly forum titled ‘Rising Food Prices: Impact on Food Security’ on 30 April 2008 in Kathmandu.

Presenting a paper on ‘Rising Food Prices: Food Security in Nepal’, Mr Navin Dahal, Executive Director, SAWTEE, said that the Indian government’s ban on exports of rice and wheat could create food shortages in Nepal. Pointing out that rising prices in the domestic market are also a result of black marketing, hoarding and undue profit, he said that the government should ensure an effective implementation of legal instruments like Consumer Protection Act, and Black Marketing and Certain Other Offenses (Prevention and Control) Act.

Dinamani Pokhrel, senior theme leader at ActionAid Nepal, said that the increase in food prices would have severe adverse effects on the food security situation in a poor country like Nepal. Therefore, he said, there is a need to increase productivity in the agricultural sector. Bishwanath Tiwari, National Programme Manager, UNDP, and a discussant at the programme, said that food production in Nepal is less than the demand of the rising population and, to make matters worse, people are fast abandoning agriculture for employment in other sectors. Therefore, he added, there is a need to attract people into agriculture and also chalk out strategies to retain the population that has taken up agriculture as a profession. Likewise, another discussant, Mr Rishi Niraula, lawyer and consumer activist, said that it is the responsibility of the government to curb food prices, devise strategies to ensure food security of its population and see that there is enough food supply within the country. The programme, chaired by Assistant Professor at Patan Multiple Campus Dr Keshav Khadka, was attended by more than 50 participants, including government official, researchers, consumer activists and media persons.

The world’s poorest people will be hardest hit by the global rise in food prices. Poor people in developing countries typically spend more than half of their overall budget on food. For the 160 million people worldwide who survive on less than fifty cents a days, food price inflation can spell disaster.

This global food crisis is a complex problem that cannot be solved with simplistic approaches. More effective and coherent action is needed now to help the most vulnerable populations cope with the drastic hikes in their food bills and to assist developing countries with strategies to increase agricultural productivity. We call for a short term “emergency package” to stem the tide of the humanitarian crisis. We also call for a “resilience package” to strengthen the capacity of poor people and developing countries to meet their own needs in the long run.

Emergency Package

Enhance food assistance: Donor governments need to provide increased support for poor people’s food and nutrition security. The focus should be on the most vulnerable, including children.

Improve biofuels policies: Governments should revoke biofuel subsidies and excessive blending quotas (such as the requirement to use a certain percentage of ethanol in gasoline). Political leaders should consider a range of additional measures, including freezing biofuel production at current levels, reducing production, or enacting a moratorium on the use of grains and oil seeds for biofuels. At the same time, there needs to be support for development of bioenergy technologies that do not rely on food crops. A moratorium on grain based biofuels would quickly unlock these commodities for use as food.

This measure might bring corn prices down globally by about 20 percent and, as a consequence, decrease wheat prices by about 10 percent.

Stop export bans: A country that enacts measures such as agricultural export bans, high export tariffs, and

price controls may reduce its risks of food shortages in the short-term. However, these measures are likely

to backfire by making the international market smaller and more volatile. Export restrictions have harmful effects on import dependent trading partners. For example, export restrictions on rice in India affect Bangladeshi consumers adversely and also dampen the incentives for rice farmers in India to invest in agriculture. Price controls reduce farmers’ incentives to produce more food. On the other hand, the elimination of export bans would stabilize grain prices fluctuations, reduce price levels by as much as 30 percent, and enhance the efficiency of agricultural production.

Empower small-scale farmers. Providing improved seeds, fertilizer, credit, and other resources for small-scale farmers in developing countries would quickly improve production, increase incomes, and lower prices.

Resilience package

Invest in people: For longer term impact, developing countries need to invest in social protection measures, such as cash transfer programs, pension systems and employment programs. Preventative health and nutrition programs targeted to vulnerable groups (e.g. mothers, young children, and people living with

HIV/AIDS) should be scaled up to ensure universal coverage. In addition, school feeding programs can play an important role in increasing school enrollment and in retaining children in school and enhancing their academic achievement. These programs would reduce the vulnerability of poor people and enhance their long term productive capacity.

Reduce market volatility: Improving grain stocks and enacting regulatory measures to curb excessive speculation in agricultural commodities would help to stabilize markets in times of crisis.

Complete Doha round: World leaders need to complete the Doha Development Round, so that we have a global system that promotes agricultural trade on a fair and equitable basis.

Support agriculture: Long term relief from rising food prices can only be possible with increased agricultural production. Industrialized nations should revitalize their support for research, innovation, and extension to transform small farm agriculture. African heads of state need to deliver on their commitment to allocate 10 percent of their national budgets to agriculture. These investments not only have high returns in terms of agricultural growth, but also have a major impact in reducing poverty.

Implementation of both the short-term emergency response and the long-term solutions must begin now. Together, action in these areas would go a long way to stem the tide of rising food prices and reduce the threat of hunger and poverty.

2008-08-02 18:34:03

Source: http://www.telegraphnepal.com/news_det.php?news_id=3837&PHPSESSID=5a2e3730b717fc761185a7476cb27a15