Fundamentally right...

Several readers didn’t agree with my suggestion that the government should pay more money for the land that they are acquiring behind the Tashichhodzong.

“Dorji Drolo” favours increasing the land rates only for the original inhabitants of Hejo, but fiercely opposes increases for the others, most of who would have purchased the land at much lower prices. “Dorji Drolo” also agrued that, since the land was “… earmarked for green area some 20 years back” the compensation rates were sufficient.

I agree with “Dorji Drolo” that the original inhabitants should be paid more, much more, for their land. Many of them have already contributed most of their land to the government. And some of them could now lose whatever little they still own. 26 of the landowners are original inhabitants. They should be paid more for their land.

But what about the rest? There are 36 of them. There’s no doubt that they would have purchased their land relatively recently and at much lower rates. And there’s no doubt that some of them would profit substantially. However, there’s also no doubt that some of them, especially civil servants, would have had to service loans for many years in addition to spending their entire savings to purchase the land. So they – yes, all of them – should also be paid more for their land.

Most of us do not own land in Hejo. I certainly don’t. So why should we worry if the landowners are not compensated sufficiently? Why should we get worked up? We should, because the issue is not just about land prices. It’s much more important. It’s about our fundamental rights!

As citizens of this country, we are guaranteed certain fundamental rights. These rights are enshrined in Article 7 of the Constitution. It is our collective duty and in our common interest to recognize and understand our fundamental rights. And, to fight for them.

Article 7 Section 14 of the Constitution, which sets down our fundamental right when the government acquires our property, guarantees that:

A person shall not be deprived of property by acquisition or requisition, except for public purpose and on payment of fair compensation in accordance with the provisions of the law.

To this, one commentator, “Lamakheno” asks:

BUT What is a “fair compensation?” For some, even the market rate may not be considered fair.

“…the provisions of the law” that Article 7 Section 14 of the Constitution refers to would include the Land Act, Section 151, according to which:

The valuation of the land and property shall consider the total registered area, registered land category, its current use, location in relation to accessibility to vehicular road, immovable property, local market value, and other elements such as scenic beauty, cultural and historical factors, where applicable.

If these conditions were applied faithfully, landowners in Hejo would be entitled to much more than the Nu 180.38/sft as “fair compensation” for their lands.

But the entire stretch of land that the government is acquiring was, as “Dorji Drolo” points out, “…earmarked for green area some 20 years back.” Correct. Except that the government did not acquire the land at that time. Nor did the government pass any law creating a new category of land called “green area”. And to make matters worse, the government has already compromised its construction ban on the so-called green area zone by permitting the construction of the Supreme Court in a green area.

“Lamakheno” also asks if:

… land acquired in the late 90s for constructing the sewerage tanks at babesa and the expressway construction should have been paid the same rate as the commercial price existing than in the same area?

And advises me not to:

… focus on the land behind Tashichhodzong alone but look at the national picture. Throughout the country, government has been, is and will be acquiring land for constructing schools, hospitals, roads, training centres, airports, offices, etc.

Yes, many people, throughout our country, have lost their land to the government for a wide range of purposes. The question is: did the government break any of the laws in effect when it acquired the land to build the sewerage tanks, the expressway, and the other infrastructure that “Lamakheno” talks about?

My answer: most probably not! The Land Act came into effect in 2007. And the Constitution came into effect in 2008. So unless the provision of some other law was broken, it would be difficult to argue that the compensation rates for these landowners would also have to be reviewed.

The Hejo landowners, however, have a convincing case. They have the Land Act to back them up. They have the Constitution. And they have fundamental rights.

On our part, we must, as “Sonam_t” notes, ensure that the government “protects our fundamental rights!”

Disaster relief...

Chamkhar fire

At 2:00 am yesterday morning, even as fire raged through Chamkhar town, the Galpoi Zimpoen’s office was already coordinating efforts to control the disaster. Three hours later, together with the Dzongdag, Royal Bhutan Police, civil servants, monks, students and local residents, His Majesty the King’s representatives in Bumthang were able to contain the fire from spreading throughout the town.

By then, the inferno had left behind a trail of destruction – two men lost their lives, 42 houses were razed to the ground, 66 shops were destroyed, and 267 people were left homeless.

But, at the command of His Majesty the King, who is in India, the Zimpoen’s office was already busy arranging food and temporary shelter for the shocked victims. And by the afternoon, His Majesty the Fourth King had reached Chamkhar to personally oversee the relief and recovery efforts.

Most of the victims in Chamkhar have lost their entire life savings. And their road to recovery will be long and difficult. I hope that their plight will move the Parliament to establish the Relief Fund as soon as possible.

Photo credit: BBS

A voting matter...

Counting on machines

India’s electronic voting machines have come under some scrutiny by the media, civil society, politicians and voters. Since we use the same voting machines, our chief election commissioner, Dasho Kunzang Wangdi, clarified that the recent questions surrounding the integrity of the EVMs are:

… nothing to worry about. “I’m not concerned because I’ve seen many EVMs and the Indian EVMs are the best,” he said, adding that he had inspected various EVMs at an international conference in Philippines, where international vendors showcased technology during an exhibition at the election technology conference. “We have no reason to be concerned.”

The chief election commissioner’s confidence in the electronic voting machines is comforting. And his assurances that our EVMs are the best such machines are welcome.

But the very nature of electronic voting means that there will always be EVM critics. They will warn us that machines, being machines, can be tampered with, and that they can malfunction. And they will point out that voters have no way of verifying that their ballots have been actually recorded or counted properly.

So we should ask ourselves: do we really need to use electronic voting?  And we should ask ourselves this basic yet important question, even if we possess the world’s best EVMs.

Remember that our electorate is small and manageable – the 2008 elections had all of 318,465 registered voters. And that, as such, the paper ballot, a technology that’s plain and simple, but one that’s tried and tested, may serve us much more convincingly.

Paying for land...

priceless

It’s autumn. And the Tashichhodzong, when viewed from the North, looks beautiful. Tidy terraced fields, lush with golden paddy present a perfect foreground for Thimphu’s auspicious dzong. Many generations of travelers before us would have, no doubt, taken in almost exactly the same tranquil view.

And thanks to the government’s plans to maintain that lovely stretch of land, many generations of travelers after us could also enjoy the uninterrupted view of the dzong. To ensure that that piece of property stays as it is, the government has decided – and rightfully so – to acquire 42.32 acres of farmland in Hejo.

But the owners are not happy. They feel shortchanged.

The original inhabitants complain that they’ve already lost most of their land to the government. The National Assembly, Royal Banquet Hall, Centre for Bhutan Studies, Jimithang barracks, golf course, cremation grounds, and Wood Craft Centre all stand on land that once belonged to them. They point out that the compensations they received were never sufficient to purchase land of similar value elsewhere. And they worry that, once again, they are being compelled to give up their lands at undervalued prices.

They know that the Constitution and the Land Act allow the government to acquire their land for “public purpose”. And they agree that securing and maintaining the space around the Tashichhodzong is important. But they are unhappy with the price that the government has fixed for their land. They do not see it as the “payment of fair compensation” that the Constitution guarantees them.

So how much are they being paid? Nu 180.38 per square foot.

And why are the land owners not happy? Because Nu 180.38/sft is a pittance. By comparison, land in Jungzhina, which is upstream and further from the city centre, fetches Nu 600/sft; land in Taba, which lies even further upstream, costs Nu 600/sft; and land in relatively distant Kabisa already costs Nu 300/sft. Downstream, in Olakha, which is further from the city centre than Hejo, land prices are soaring at Nu 1000/sft for residential plots and Nu 1700/sft for commercial plots.

It’s no wonder that the land owners in Hejo are unhappy. The Nu 180.38/sft is nowhere near what they would need to buy comparable land anywhere else in Thimphu.

The property assessment and valuation agency (PAVA) appraises and fixes property prices for the government. And PAVA’s rates for Hejo are low because most of the land lie in the so-called “green area”, a zone on which government policy supposedly prohibits all construction. PAVA’s reasoning is that if you can’t build on your land, then your land can’t be worth too much.

But PAVA’s argument has two drawbacks. First, the government has allowed construction in the green area. The Supreme Court is currently being built on the 10.75 acres of green area, also in Hejo, that the government acquired from 28 owners at Nu 150/sft. So the land owners argue that, since the government can easily change policies to allow construction in so-called green areas, their land should be worth much more.

And second, there isn’t any legal provision allowing land to be categorized as “green area”. Section 19 of the Land Act recognizes 8 categories of private land – chhuzhing, kamzhing, cash crop land, residential land, industrial land, commercial land, recreational land and institutional land, but no land category for green area.

The government is correct in acquiring the land to protect the Tashchhodzong. But the Hejo land owners should not have to bear the brunt of the cost of doing so. Most of them are farmers. And many of them have already lost a lot of their land to development.

Instead, the government should advise PAVA that “green area” is not a legal land category, and that, as such, they should revise their valuation of the Hejo land.

Meanwhile, I’m writing to the minister of finance, urging him to protect the fundamental right of land owners as enshrined in Article 7 Section 14 of the Constitution:

A person shall not be deprived of property by acquisition or requisition, except for public purpose and on payment of fair compensation in accordance with the provisions of the law.

Spelling Bee!...

Do you like quizzes? If so, here’s one. But it’s open only to Kuensel journalists.

Study the clip below from yesterday’s Kuensel. Then choose the correct answer.

How does the opposition leader, Tshering Tobgay, spell his name?

1. Tshering Tobgye
2. Tshering Tobgay
3. Tshering Tobgyel

Bonus points for spelling the other opposition party member’s name correctly.

Happy Dashain!...

Invoking Ma Durga

Yesterday, I joined Thimphu’s Hindu community to mark the conclusion of the nine-day Durga Puja. During the puja, the Goddess Durga’s blessings were invoked for the long lives of Their Majesty the Kings, and the peace, prosperity and happiness of the people.

The sacred ceremony, which has been organized annually since 1981, is still conducted in a make-shift temple in the PWD Colony. So I’m happy to hear that the government has allotted land in Thimphu to build a proper mandhir.

Today, I wish my fellow Bhutanese who observe Dassera, a very happy Dashain! I’m off to celebrate this auspicious day with my relatives.

Letter to graduates...

Bhutanese Blogger

“Bhutanese Blogger” left a comment on “Leadership of the Self”, a post targeted at this year’s graduates.  In his comment (don’t ask how I know his gender) – which happens to be a letter he’d posted on his blog last year – he talks about career choices, the need to develop a strong resume, the importance of cultivating useful networks, entrepreneurship and further studies.

These are, indeed, some important issues that our graduates should ponder. So I’m reproducing his comment here to allow graduates to access it easily.

……………………………………………………………………………………

This was written in 2009. Some figures have changed since then.

Dear Graduates

An unemployment level of 4%, prospects of a smaller civil service and the layoffs in the private sector aren’t good news for you all. Our job market has become more challenging in recent times.

All of you sound incredibly talented and well grounded, and I am sure that your expectations are realistic. You don’t normally graduate again. So take some time to assess where you want to go on from here but be ready to be disappointed in your search.

For many reasons, everybody aspires to work in the civil service. Yes – it provides wide ranging opportunities – from attending to the public to working on a national policy – but you can also become a clone (a typical civil servant who is satisfied with life). So be sure that you have good networking skills – they are useful at all stages and places. You should also have a huge supply of tolerance and patience to see you through long meetings, demanding bosses and people who complain how inefficient civil servants are. If you have good ideas – better. If you don’t have any – be open and willing to explore. Work hard, voice your thoughts and take initiatives (although these may not be demanded of you). Avoid the temptation of being a ‘YES’ man and develop a reputation for delivering results.

But if you are entrepreneurial and enjoy working really hard, consider working for a private company or starting something new. All you need is a good idea and a lot of passion. You will develop commercial skills that will place you well to take advantage of our economy which is being liberalised. And Bhutan needs more entrepreneurs. With our Government committed to developing the sector, the opportunities will only increase.

Another option is to go for higher studies but personally, I think, a few years of working experience makes pursuing a post-graduate degree more enriching. And you could still be looking for work after three years.

But if you aren’t interested in any of these, there is yet another career path you could choose -

You have a degree and qualify to to represent your people in the national assembly. Network and develop your political capital. Go home and establish your credentials. I hear that being an MP isn’t a difficult job. My convictions come from desiring to see or hear of something substantial done by the MPs. I could be wrong. But you have a good opportunity to prove that MPs need more talents than just the ability to be either garrulous in their arguments or subservient in their conduct.

Finally as you start looking for jobs, enhance your CV either by volunteering your time or learning something new. Now is the time to meet people, question and learn as much as you can. As you mature – you are expected to know something and lose that liberty to ask questions.

And maintain lots of positivity and modest levels of overconfidence (overconfidence does help).

All the best.

Our health is in our hands...

A powerful team

It’s the tourist season. And at mealtimes, tourists across our country – in restaurants and in dining tents – will regard, with some amusement, their guides roll and set aside small balls of rice.

“Bhutanese way of washing hand!” our guides will declare referring to their pre-meal rituals. Some of the tourists will, as always, give it a try, and end up, as always, with streaks of black starch on their hands. The other tourists will laugh. And the guides will attempt to explain how we, Bhutanese, “dry clean” our hands.

This traditional way of “washing” our hands may generate some fun. But it can be very problematic too. The Ministry of Health has identified the common cold and diarrhoea as the top two diseases infecting our people. And both of them spread easily when hands are not washed properly and regularly. Last year, hospitals around the country treated more than 300,000 incidences of the common cold and more than 92,000 incidences of diarrhoea and dysentery. Tragically many children, especially those below five, still succumb to these diseases.

Health experts say that washing hands with soap reduces the incidence of diarrheal diseases by half, and acute respiratory infections by 25%. That’s a huge reduction in needless suffering, one that we could very easily profit from. Just think about it: the simple act of washing our hands with soap – especially before eating or after using the toilet – can improve the quality of our lives immeasurably. It can also prevent many unnecessary premature deaths. But that’s not all: washing hands with soap can also fight the spread of many skin infections, other respiratory diseases,  intestinal worms and numerous other infections.

Yes, we could continue “washing” our hands with rice. But, let’s do so only after we’ve first washed them with soap.

Today, October 15^th, is Global Handwashing Day!

Prophesy fulfilled...

Eyes of compassion

Many years ago, while resting in Mesina, Je Geshe Gedun Rinchen, surveyed the horizons, and predicted that, one day, a monastery would be built on the high hill that stood before him.

Yesterday, that prophesy was fulfilled. In a sacred ceremony, His Holiness the Je Khenpo consecrated Bhutan’s newest monastery, the Sangchhen Dorji Lhendup Lhakhang. The monastery, built in traditional Bhutanese style, stands on the prophesized site, a prominent ridge overlooking almost all of Punakha, Wangduephodrang and Toebasa.

The monument was painstakingly built by Yab Ugyen Dorji over the last two years, and is a showpiece of traditional art and craft. The stone masonry is precise, the wood carvings are intricate, the murals are exquisite, and the gigantic bronze statue of Chenrigzig Chagtong Chentong – crafted completely in Bhutan – is simply awesome.

The monastery also demonstrates that our spiritual heritage continues to flourish – it was presented to His Majesty the King and the people of Bhutan, and has already become a seat for higher education and meditation for nuns.

Sangchhen Dorji Lhendup Lhakhang and its accompanying stupa now occupy the high ridge that once returned Je Geshe Gedun’s benign gaze. There’s no doubt that the perspicacious Geshe could already see that the countless travelers passing through Mesina would admire the monastery – featured in our banner – and offer quiet prayers for all sentient beings.

Questionable lottery...

Unreal?

According to Business Bhutan, Nu 150 billion worth of Bhutanese lottery tickets were printed illegally every year in the Indian state of Kerala alone. That’s a lot of money by any measure. But to get a proper sense of how much Nu 150 billion really is, consider that our entire GDP is only about Nu 60 billion. Or that the Tenth Five Year Plan outlay is Nu 148 billion (the Ninth Plan outlay was Nu 70 billion).

So I was surprised to learn that the prime minister’s fist response to the alleged lottery scam was remarkably casual. The prime minister has admitted that the lottery “business was unethical and not in conformity with the GNH values.” This is an important announcement. But surely it cannot substitute for a complete investigation.

The allegations against the government’s lottery agent are extremely serious. And it would do well to investigate – immediately and thoroughly – if our lottery agent has indeed printed and sold fake Bhutanese lottery tickets in India. We owe as much to the government and people of India who have allowed us to engage in this very lucrative business for the past 25 years.

The prime minister has also been reported as saying that “…his government has nothing to do with the lottery issue and that the decisions were taken by the interim government in 2007.” That may be so. But none-the-less, the government owes the people of Bhutan some explanations.

Why, for instance, did this government, in March 2010, transfer its agreement with Martin Agencies to Monica Agencies even though they both belonged to the same person?

Why did this government extend the duration of the agreement with Monica Agencies by five months?

Why did this government reduce the contract from Nu 470 million per year to Nu 210 million per year, even though Bhutan lottery sales had been re-permitted in Kerala?

And why was one person allowed to run the Bhutan Lottery Directorate since 1987?

The government must provide satisfactory answers to these and other pressing questions. Otherwise, the ACC must investigate.

Photo credit: Outlookindia.com