Identifier
Created
Classification
Origin
06KATHMANDU1183
2006-05-08 11:29:00
CONFIDENTIAL
Embassy Kathmandu
Cable title:
CABINET REVOKES OVER 100 POLITICAL APPOINTMENTS
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C O N F I D E N T I A L KATHMANDU 001183
SIPDIS
SIPDIS
DEPT FOR SCA/INS
E.O. 12958: DECL: 05/08/2016
TAGS: PGOV OFDP NP
SUBJECT: CABINET REVOKES OVER 100 POLITICAL APPOINTMENTS
Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b,d).
Summary
-------
C O N F I D E N T I A L KATHMANDU 001183
SIPDIS
SIPDIS
DEPT FOR SCA/INS
E.O. 12958: DECL: 05/08/2016
TAGS: PGOV OFDP NP
SUBJECT: CABINET REVOKES OVER 100 POLITICAL APPOINTMENTS
Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b,d).
Summary
--------------
1. (U) The Cabinet on May 7 recalled twelve Ambassadors and
revoked over 100 political appointments made since October 4,
2002 when the King took over executive power for the first
time. The Cabinet has not yet published a list of all those
affected by the decision. However, the Ministry of Foreign
Affairs confirmed that the Cabinet had recalled Nepali
Ambassador to the U.S., Keda Bhakta Shrestha. On May 5, the
Cabinet announced that former Supreme Court Chief Justice
Krishna Jung Rayamajhi would head a judicial Commission to
probe atrocities committed by security forces and other
officials during the April 6-24 people's movement. End
Summary.
Cabinet Recalls 12 Ambassadors
--------------
2. (SBU) The Cabinet on May 7 decided to revoke all political
appointments made since October 4, 2002, when the King ousted
the government of Prime Minster Sher Bahadur Deuba and took
over executive power for the first time. The Cabinet also
recalled twelve ambassadors. Home Minister Krishna Prasad
Sitaula stated that the Cabinet decision was effective
immediately. He noted that the envoys were appointed by the
"regressive" governments of the past and could not "portray
an exact picture of the country in the changed context." The
Ministry of Foreign Affairs confirmed that the Cabinet had
recalled Nepali Ambassador to the U.S., Keda Bhakta Shrestha.
The Ministry's Administrative Office was preparing a formal
recall letter.
Uncertainty Over Other Annulled Posts
--------------
3. (U) The government was in the process of writing to all of
the political appointees informing them of the Cabinet's
decision. The decision affected over 100 political
appointees working in various corporations and
semi-governmental agencies, though the Cabinet had yet to
publish a list of all appointments affected by the decision.
Several Members of Parliament also were publicly demanding
the resignation of heads of constitutional bodies for failure
to protect the independence of autonomous constitutional
bodies under their control, including Chief Justice of the
Supreme Court, Chief Election Commissioner, and Chief of the
Commission for the Investigation of Abuse and Authority
(CIAA),and the chiefs of all security agencies.
Retribution in the Forefront
--------------
4. (U) The Cabinet on May 5 announced that former Supreme
Court Chief Justice Krishna Jung Rayamajhi would head a five
member judicial Commission to probe atrocities committed by
security forces and other officials during the April 6-24
people's movement. Home Minister Sitaula announced that the
Commission would be powerful enough to interrogate "anyone."
Rayamajhi told the press on May 7 that "anyone" could include
the King. Sitaula noted that the government was still
considering whom to appoint as the other Commission members,
and what would be the time frame of the Commission. The
Commission was tasked with making recommendations to the
government on the limits and types of action against all
those involved in "committing excesses against the people."
5. (C) Narendra Pathak, Deputy Attorney General, told Emboff
that Rayamajhi was well respected, but added that those named
as human rights abusers by the Commission would undoubtedly
call his work biased. Pathak said that the courts would be
available to those labeled culpable by the Commission if they
chose to refute the charges. Supreme Court Spokesperson Ram
Krishna Timilsina commented to us that the Commission "should
reflect the expectations of the people." He wanted to
withhold judgment on the process to see whether the
Commission's report was impartial.
Comment
--------------
6. (C) Revoking past political appointments will create a lot
of vacancies to portion out to loyal political cadre.
However, painting with such a wide brush could also weaken
vital institutions. As the balance of power between the
judiciary and the legislative branches is important in a
democracy, it would be particularly ill-advised for the
Parliament to interfere in the workings of the courts and
threaten judicial independence. The first shoe has dropped
with the recall of the twelve Ambassadors. Some of the
remaining 100 political appointees could be from important
national institutions such as the National Human Rights
Commission or the CIAA, both of which should play key roles
during the transition.
MORIARTY
SIPDIS
SIPDIS
DEPT FOR SCA/INS
E.O. 12958: DECL: 05/08/2016
TAGS: PGOV OFDP NP
SUBJECT: CABINET REVOKES OVER 100 POLITICAL APPOINTMENTS
Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b,d).
Summary
--------------
1. (U) The Cabinet on May 7 recalled twelve Ambassadors and
revoked over 100 political appointments made since October 4,
2002 when the King took over executive power for the first
time. The Cabinet has not yet published a list of all those
affected by the decision. However, the Ministry of Foreign
Affairs confirmed that the Cabinet had recalled Nepali
Ambassador to the U.S., Keda Bhakta Shrestha. On May 5, the
Cabinet announced that former Supreme Court Chief Justice
Krishna Jung Rayamajhi would head a judicial Commission to
probe atrocities committed by security forces and other
officials during the April 6-24 people's movement. End
Summary.
Cabinet Recalls 12 Ambassadors
--------------
2. (SBU) The Cabinet on May 7 decided to revoke all political
appointments made since October 4, 2002, when the King ousted
the government of Prime Minster Sher Bahadur Deuba and took
over executive power for the first time. The Cabinet also
recalled twelve ambassadors. Home Minister Krishna Prasad
Sitaula stated that the Cabinet decision was effective
immediately. He noted that the envoys were appointed by the
"regressive" governments of the past and could not "portray
an exact picture of the country in the changed context." The
Ministry of Foreign Affairs confirmed that the Cabinet had
recalled Nepali Ambassador to the U.S., Keda Bhakta Shrestha.
The Ministry's Administrative Office was preparing a formal
recall letter.
Uncertainty Over Other Annulled Posts
--------------
3. (U) The government was in the process of writing to all of
the political appointees informing them of the Cabinet's
decision. The decision affected over 100 political
appointees working in various corporations and
semi-governmental agencies, though the Cabinet had yet to
publish a list of all appointments affected by the decision.
Several Members of Parliament also were publicly demanding
the resignation of heads of constitutional bodies for failure
to protect the independence of autonomous constitutional
bodies under their control, including Chief Justice of the
Supreme Court, Chief Election Commissioner, and Chief of the
Commission for the Investigation of Abuse and Authority
(CIAA),and the chiefs of all security agencies.
Retribution in the Forefront
--------------
4. (U) The Cabinet on May 5 announced that former Supreme
Court Chief Justice Krishna Jung Rayamajhi would head a five
member judicial Commission to probe atrocities committed by
security forces and other officials during the April 6-24
people's movement. Home Minister Sitaula announced that the
Commission would be powerful enough to interrogate "anyone."
Rayamajhi told the press on May 7 that "anyone" could include
the King. Sitaula noted that the government was still
considering whom to appoint as the other Commission members,
and what would be the time frame of the Commission. The
Commission was tasked with making recommendations to the
government on the limits and types of action against all
those involved in "committing excesses against the people."
5. (C) Narendra Pathak, Deputy Attorney General, told Emboff
that Rayamajhi was well respected, but added that those named
as human rights abusers by the Commission would undoubtedly
call his work biased. Pathak said that the courts would be
available to those labeled culpable by the Commission if they
chose to refute the charges. Supreme Court Spokesperson Ram
Krishna Timilsina commented to us that the Commission "should
reflect the expectations of the people." He wanted to
withhold judgment on the process to see whether the
Commission's report was impartial.
Comment
--------------
6. (C) Revoking past political appointments will create a lot
of vacancies to portion out to loyal political cadre.
However, painting with such a wide brush could also weaken
vital institutions. As the balance of power between the
judiciary and the legislative branches is important in a
democracy, it would be particularly ill-advised for the
Parliament to interfere in the workings of the courts and
threaten judicial independence. The first shoe has dropped
with the recall of the twelve Ambassadors. Some of the
remaining 100 political appointees could be from important
national institutions such as the National Human Rights
Commission or the CIAA, both of which should play key roles
during the transition.
MORIARTY