Blooming nuisance...

Watch the hole

In my last entry, Blooming dogwood, Romeo, a regular commentator, pointed out an “…uncovered drain right next to the lower police gate that is very risky for pedestrians and vehicle drivers during the day as well as night.” Romeo is right. The open drain is dangerous.

I don’t know how long the drain has been left like that, but I first spotted it about ten days ago. The City Corporation is obviously repairing something inside the drain. But they should either secure the area properly, or cover the drain when no one is working on it. Since they haven’t, I have to agree with Romeo that, “… we are waiting for a disaster and then the relevant authorities will come to the sight and try to take some irresponsible to task when all is too late.”

Blooming dogwood...

True friends

If you go to Thimphu’s Clock Tower Square these days, you’ll find the dogwood (phetse shing in Dzongkha) there in full bloom. In the midst of what is fast becoming a concrete jungle, the dogwood trees, though there are only three left, provide refreshing refuge.

The Clock Tower Square, before it was extensively renovated in 2004, used to have many more trees. Maple and dogwood were some of the trees that Friends of the Square, a group of volunteers, planted along with bamboo, azalea and marigold to convert an unkempt, dirty square to a well organized garden with proper footpaths and benches that we could actually sit on.

Friends of the Square consisted of Karma Wangdi (Asha Karma from VAST), Dorji Yangki (architect), Karma Wangchuk (landscape architect) and Art Martin (a Dutch expatriate). These four volunteers, all of them concerned residents who decided to do something about a public problem, mobilized labour, money and their own resources to, as one of them puts it, “reorganize the square”. And the friends did a pretty good job.

In 2004 the government decided to renovate the square. So Asha Karma went to the city planners and requested them to incorporate the existing trees in their new designs. And to make use of the trees – to save them – which by then, with constant care over more than four years, had begun to add real beauty to the square. The planners agreed.

But when the construction started, Asha Karma was horrified to see the builders indiscriminately tearing down everything. So he stood in the square, everyday, to make sure that the builders would not destroy any more of his trees. Damage, however, had already been done: the square lost most of the dogwood and all the maple trees.

So if you go to the Clock Tower Square one of these days, take the time to enjoy the dogwood, a very Bhutanese tree. There are in full bloom. Thanks to their friends.

Protecting our judiciary...

Well protected?

On 9 June, Kuensel reported that the selection of the new DDC secretary may have violated the RCSC’s position classification system. If this is the case, RCSC should look into it.

I have no problem about a member of the judiciary applying of a civil service post, and the RCSC accepting that person’s candidature, or selecting that person. No problem that is, as long as both the Judiciary’s rules and the RCSC’s rules are followed.

So the RCSC may wish to ensure that due process was followed.

RCSC should also consider if it has infringed on the independence of the Judiciary. Earlier the RCSC had issued a “transfer and appointment order” transferring a senior judge out of the judiciary and appointing him as a secretary in the civil service. But, according to the Constitution and related laws, RCSC does not have administrative powers on the Judiciary. So it cannot order the transfer of a judge. Doing so would compromise the independence of the Judiciary. And that, put simply, is very dangerous.

So the RCSC must retract its “order”. And apologize.

Being blunt...

One of them is confused

The cartoon in the last issue of Bhutan Times showed Lyonpo Nanda Lal Rai announcing: “I’m going to be blunt. He (opposition leader) along with other MPs will get the CDG. But he’s creating all this noise to gain political mileage. If people are misinterpreting the Constitution from day one, they’re asking for trouble.”

I take issue with Lyonpo Nanda Lal on four counts. First, I cannot and will not accept the CDG if I continue to believe it to be unconstitutional. My understanding of our obligations to safeguard our Constitution will not allow me do so. In fact that’s what the first part of Tshering Tobgay’s placard says in the BT cartoon.

Second, challenging government policy is not “noise” and is not for “political mileage”. It is our duty. And especially so if government policies risk infringing on our constitution. We’ve raised our concerns through various media – the press, TV, this blog and officially with the government. More important, the National Council and the public have also raised similar concerns about the CDG. But, so far, our government has not offered any explanation as to why they feel that the CDG does not violate certain provisions of our Constitution. So to dismiss constructive criticism and genuine concern as “noise to gain political mileage” demonstrates the complete lack of understanding of the issues. Or it demonstrates outright arrogance. Both are not good for our democracy.

Third, if our government feels that “people are misinterpreting the Constitution” they should explain which provisions of the Constitution are being misinterpreted. This is their duty. Yet our government has not ventured any explanation on the constitutionality of the CDG. So simply charging people of misinterpreting the Constitution without offering any justification is wrong. Prove that the CDG is not unconstitutional and I will stand corrected. That, in essence, is what the second part of Tshering Tobgay’s placard says in the BT cartoon.

And finally, I have absolutely no idea what Lyonpo means when he treathens that “they’re asking for trouble”. We are not asking for trouble. But what we are asking for is an explanation from our government. What we are asking for is the democratic process. What we are asking for is our Constitution.

Site update: gallery...

I’m pleased to announce the latest addition to our website: a gallery where I’ll post photos occasionally. I hope you approve. And, naturally, if you’d like to share your photographs, I’ll be happy to post them too. The “gallery” button is on the navigation menu above the featured photograph.

The inaugural album is of my last trip to Punakha. All the photos were taken at Talo’s archery grounds.

About the CDG...

Last month, Archibald read “Illegal grants” and commented: “…i’ve been wondering what the CDG is…” A few other people have also asked me about the CDG. So let’s talk about the CDG. Or, better yet, let’s see what the National Council has said about the controversial grant.

But first, let’s recall how the grant was first introduced. It went something like this: On 23 June 2008, during the first session of the Parliament, the National Assembly discussed the budget for the year 2008-2009. The proposed budget made no mention of a CDG.

When the National Council debated the proposed budget (30 June to 2 July 2008), they noted that the media had reported our government’s decision to provide state funding for political parties, and asked if money had been allocated in the proposed budget to fund political parties. The proposed budget had made absolutely no mention of any funding for political parties.

Our government reported that Nu 30 million to fund political parties had been kept aside under the Ministry of Finance’s budget head. The NC debated this and decided that state funding for political parties was unconstitutional.

Similarly the NC asked if money had been kept aside for a CDG though the proposed budget made absolutely no mention of it. Our government reported that Nu 94 million for a CDG had been included in the proposed budget.

The NC had uncovered that money for state funding for political parties and CDG -both new programs that were bound to be controversial – had been included in the proposed budget, but without making any mention of these programs. In effect, they had been hidden. The NC resolved not to endorse these programs.

And that’s how we, including the opposition leader, came to know about the CDG.

Now let’s have a quick look at the Constituency Development Grant Rules 2009, published by the Ministry of Finance. The first line of the Rules reads: The Constituency Development Grant (CDG) is established by the Royal Government as a separate budget head in the annual budget (herein after referred to as the Grant) to be placed at the disposal of the Members of the National Assembly (MNA).

The Rules go on to indicate that Nu 10 million will be placed at the disposal of each MNA; that MNAs (not the Dzongkhag Tshogdu Chairpersons, Dzongdags or Gups) will announce the availability of the fund; that MNAs can suggest projects; that local governments must discuss all projects with MNAs; that MNAs have the final authority to approve projects; that MOF will release funds for projects only after receiving the approval of the MNAs; that MNAs will monitor all projects; and that MNA’s can terminate projects and divert funds to other projects.

And now for the National Council’s views. The Council recently published NC Reflections in which their members express their views. And in it Honourable Tashi Wangmo and Honourable Karma Y. Raydi, both Eminent Persons, talk about the CDG. Since the NC Reflections is not yet available on their website you can read their article here.

Gifted Kunzang...

Destiny's child

Here’s a gift from Talo, Punakha: Kunzang Lhaden, aged 12, singing a soulful rendition of “Mitse Dina”, a soundtrack by Namgay Jigs from the movie “Jigthar”. Kunzang learnt this song, and others, by listening to BBS Radio.

Enjoy…

Talo archery...

I was in Puankha over the weekend to participate in a friendly game of archery in Talo. The game was organized by the local people to celebrate the inauguration of the Talo Sherda library by Her Majesty the Queen Mother Ashi Sangay Choden Wangchuck.

Built by the Zhabdrung, Talo’s historic archery grounds have seen fierce competitions among many successive generations of the neighboring villages of Talo and Nobgang. And the tradition of the grueling four-day archery challenge between these two villages continues to be the highlight of the local calendar even today.

This week’s photo features team Talo-Nobgay distracting Mila Tobgay, our ace shooter, as he prepares to deliver his arrow.

Impersonating OL...

A friend of mine asked me to look at a certain Govinda Rizal’s blog. I did. And I was shocked. Mr Rizal claims that we had been in touch. And that I had written to him. I did no such thing. So someone has impersonated me.

I don’t see why anyone would want to pretend to be me. But I’m concerned that this may be an attempt to bring discredit to the opposition. And to defame me.

Financing parties...

About a month ago Kuensel reported that DPT MPs had insisted that “… only state funding would save them from sinking under.”

And quoted Lyonpo Thakur Singh Powdyal as saying: “Given the experience of the party so far and the need to have a responsible and respectable political system in the country, it’s desirable to have state support, because the existence and functioning of spolitical parties have critical implications on the health of the state.”

I’m amazed that DPT politicians continue to expect state funding for their party. After all, the first session of the parliament had decided that state funding for political parties would be unconstitutional. And it had resolved that the state would not fund political parties. So I’m surprised to see that our politicians continue to expect state support.

In fact, I’m concerned that our politicians and that our government may be preparing to justify state funding for political parties all over again. If this is so – and the Kuensel article makes me believe that it is so – then our politicians may try to approve state funding even though they themselves resolved, less than a year ago, that such funding would be unconstitutional. And that is cause for serious concern.