More than two months have passed by an anticipated contract award date. The department of civil aviation (DCA) ‘request for proposal’ document states March 26 for awarding the contract.
DCA timeline
Jan 18 – Request for proposals
Feb 12 – Proposals submitted
Feb 15 - March 8 – Evaluation
March 12 – Result declared
March 15 - 22 – Negotiations with selected proposer
March 26 – Anticipated contract award
April to Sept – Certification, air space design, refurbishment of heliports and airports, establishment of other services
Sept 30 – Commencement of air services
Actual timeline
Feb 12 – Four companies submit proposals
March – More information required by government, instructs all four companies to give presentations in Thimphu and answer questions
April 11 – Last day for companies to give presentations, only three companies show up
May 7 – Result declared and submitted to cabinet (two companies instead of one identified after two rounds of evaluation)
June 15 – No decision by cabinet, negotiations with identified companies still ongoing
Sept 30 – This deadline will still be met, says communications minister
Four companies submitted proposals by the February 12 deadline. Two companies, national airline Drukair, and a UK based company, Route Network LLP, were identified on May 7, by an inter-ministerial committee. The final decision was then left to the cabinet.
So far, government officials have been tightlipped on why the cabinet has not already approved either of the companies. Government officials also dismissed media reports that the UK based company, Route Network LLP, had been selected by the cabinet.
“It’s a fact that we haven’t identified,” said communications minister, Lyonpo Nandalal Rai. “It’s still very much a dormant issue.”
The minister added that the government is still in “dialogue” with “all concerned parties.” This means the government is still in negotiations with both Drukair and Route Network LLP.
The minister did not reveal any details on the ongoing “dialogue”, on the grounds that it was confidential information.
The company that wins the award is expected to commence air services by October 1. Asked whether this date is realistically possible with the delay in awarding the contract, the minister said the deadline would be met. He said that upon awarding the contract, two months at most would be needed to commence operations. “These are proficient people, with resources at their disposal,” said the minister referring to the companies, “the system will be put in place very quickly.”
Lyonpo Nandalal Rai, said that neither the communications ministry nor the cabinet had set any deadlines. All the minister said on a possible time frame was that the contract would be awarded “sooner than later.”
But the minister also pointed out that the government should not be hasty in awarding the contract. “We have to be careful in the selection, so that it doesn’t hamper future activities, so that it doesn’t have a negative impact, and that’s why we’re not in a rush.” Source: Kuenselonline
Wednesday, June 16, 2010
Tuesday, June 15, 2010
Bhutanese Bill to Act
Contrary to prevailing notions, there is no guarantee that a Bill once introduced to Parliament will become an Act in one single session. In fact, the introduction of a bill to parliament is one of the last stages of a long process that results in the creation of an Act.
Here is a summary of the milestones in the journey of a bill.
A dummy’s guide to legislative procedure
1. Identifying a Bill
Government Bill : A government agency identifies the need of a bill and puts it to the lhengye zhungstog (cabinet).
A private bill can also be introduced through a member of parliament. A private bill is one that originates from outside the government; for example, from BCCI. A group of professionals, for instance, a group of engineers, can propose a bill through a member of the parliament.
If the Lhengye Zhungtshog accepts the proposed bill, relevant stakeholders are called for meeting.
2. Drafting
A drafting committee drafts the bill, which could take months to years. For example, the RMA bill took more than five years to draft. The draft is then sent back to the cabinet for approval. The cabinet, after scrutinising it, sends it to the national assembly.
3. Readings:
1st reading
The bill is introduced to the house during the first reading. Members discuss if the bill should be deliberated or not. Sometimes members even vote to decide whether to deliberate or not.
2nd reading
The general principles/merits of the bill are discussed during the 2nd reading. After this reading, the bill is sent to the relevant committees of the parliament. The committee discuss and report it to the house, with the changes or amendment/s proposed.
3rd reading
The bill is debated in the house, clause by clause, chapter by chapter. All the readings are normally done in one session, but sometimes it can be postponed to the next session.
4. Motion
Members in charge of the bill move the motion to pass the bill. (The motion cannot be moved on the same day of the 3rd reading)
The bill is then sent to the national council, where the whole process of reading is repeated, and this could also take at the most two sessions.
The bill is sent back to the assembly, with the amendment/s proposed. In case the bill is not returned, it is deemed passed and presented to the Druk Gyalpo for assent.
If the bill is returned with the amendment/s proposed, NA will deliberate the bill and, if they agree to the amendments of the council, the bill is endorsed.
In case of a disagreement the bill is sent to the parliament’s joint committee.
4b. Joint sitting
The joint committee sends the bill to the joint sitting with proposed amendments, where it is discussed, voted on and passed.
5. Assent
The Bill is sent to the Druk Gyalpo within 15 days of passing for assent; after which it becomes an Act.
6. Implementation
Once enacted, relevant agencies prepare to implement it, which requires drawing up rules and regulations; and is another long drawn story altogether. Source: Kuenselonline
Here is a summary of the milestones in the journey of a bill.
A dummy’s guide to legislative procedure
1. Identifying a Bill
Government Bill : A government agency identifies the need of a bill and puts it to the lhengye zhungstog (cabinet).
A private bill can also be introduced through a member of parliament. A private bill is one that originates from outside the government; for example, from BCCI. A group of professionals, for instance, a group of engineers, can propose a bill through a member of the parliament.
If the Lhengye Zhungtshog accepts the proposed bill, relevant stakeholders are called for meeting.
2. Drafting
A drafting committee drafts the bill, which could take months to years. For example, the RMA bill took more than five years to draft. The draft is then sent back to the cabinet for approval. The cabinet, after scrutinising it, sends it to the national assembly.
3. Readings:
1st reading
The bill is introduced to the house during the first reading. Members discuss if the bill should be deliberated or not. Sometimes members even vote to decide whether to deliberate or not.
2nd reading
The general principles/merits of the bill are discussed during the 2nd reading. After this reading, the bill is sent to the relevant committees of the parliament. The committee discuss and report it to the house, with the changes or amendment/s proposed.
3rd reading
The bill is debated in the house, clause by clause, chapter by chapter. All the readings are normally done in one session, but sometimes it can be postponed to the next session.
4. Motion
Members in charge of the bill move the motion to pass the bill. (The motion cannot be moved on the same day of the 3rd reading)
The bill is then sent to the national council, where the whole process of reading is repeated, and this could also take at the most two sessions.
The bill is sent back to the assembly, with the amendment/s proposed. In case the bill is not returned, it is deemed passed and presented to the Druk Gyalpo for assent.
If the bill is returned with the amendment/s proposed, NA will deliberate the bill and, if they agree to the amendments of the council, the bill is endorsed.
In case of a disagreement the bill is sent to the parliament’s joint committee.
4b. Joint sitting
The joint committee sends the bill to the joint sitting with proposed amendments, where it is discussed, voted on and passed.
5. Assent
The Bill is sent to the Druk Gyalpo within 15 days of passing for assent; after which it becomes an Act.
6. Implementation
Once enacted, relevant agencies prepare to implement it, which requires drawing up rules and regulations; and is another long drawn story altogether. Source: Kuenselonline
Friday, June 11, 2010
Child Care and Protection Bill of Bhutan
Children in conflict with the law will have the option to undergo a diversion programme, instead of going through the judicial proceedings, according to the Child Care and Protection Bill, which was introduced to the ongoing National Council session on June 9.
The diversion, however, is applicable only if the alleged offence is not of a serious nature. The frequency and severity of the offence committed, safety of the community, among others, also determine whether the child can be considered for the programme.
The diversion programme would include restitution of property or reparation of the damage caused, written or oral apology, spending specific number of hours with family, compulsory school attendance, association with a person or institution, who can contribute to the child’s positive behaviour, participation in available community based programs and community services, and monitoring by a probation officer, identified by the court or the police.
Talking to Kuensel, Drangpon Jangchub Norbu, the legal advisor for the bill, said that the diversion programme was aimed at reintegration into society of a child in conflict with the law. The bill states that any arrest, detention or imprisonment of a child shall be used only as a measure of last resort, and for the shortest appropriate period of time.
The bill also proposes several homes, such as remand homes, special homes, closed facilities and aftercare homes for children in conflict with the law. A child justice court is also proposed.
While the bill focuses on children in conflict with the law, it also tries to address issues concerning children in difficult circumstances. A child in difficult circumstances is a child, who is a destitute, has unfit or incapacitated parents or guardians, associates with people leading a drunken, immoral or depraved life; or who is being or likely to be abused or exploited for immoral or illegal purposes, according to the bill.
A child in conflict with a law is a child, who is 13 years of age and above, and found to have committed an offence.
If a child below 13 years of age is arrested the child shall be immediately released to the parents or guardians, or in absence to their nearest relative, states the bill. No children under the age of 13 years can be handcuffed.
Arrested or detained child with or without warrant will have to be produced before the court within 24 hours of the arrest. The bill also states that a child can be released on bail or bond.
It also contains a section on offences against children, such as assault, battery, the invasion of a child’s privacy, prostitution, pornography, trafficking and providing narcotic and psychotropic or chemical substances to children.
Talking to Kuensel, the education minister, Lyonpo Thakur Singh Powdyel, also the chairperson of NCWC, said that the bill was founded on the principle of prevention being better than cure.
“Ideally, if all our children are able to grow up and develop in an environment of love and care, there’ll be fewer instances of children coming in conflict with law,” said the minister. “The bill is an attempt to protect the life and sanctity of children as members of society.”
According to Norbu Gyeltshen of NCWC, so far there was no Act specifically focusing on children. Moreover, Bhutan had ratified the CRC convention and, as a commitment to the convention, a national law was needed in place. “We’ve been asked by international organisations what instruments we have in place to provide protection and care to children.”
“Without the Act, justice to the children isn’t ensured,” he said.
While the National Council applauded the grandeur of the Act, the practicality and economic viability of establishing institutions and human resource required in place to support the Act was questioned. Source: Kuenselonline
The diversion, however, is applicable only if the alleged offence is not of a serious nature. The frequency and severity of the offence committed, safety of the community, among others, also determine whether the child can be considered for the programme.
The diversion programme would include restitution of property or reparation of the damage caused, written or oral apology, spending specific number of hours with family, compulsory school attendance, association with a person or institution, who can contribute to the child’s positive behaviour, participation in available community based programs and community services, and monitoring by a probation officer, identified by the court or the police.
Talking to Kuensel, Drangpon Jangchub Norbu, the legal advisor for the bill, said that the diversion programme was aimed at reintegration into society of a child in conflict with the law. The bill states that any arrest, detention or imprisonment of a child shall be used only as a measure of last resort, and for the shortest appropriate period of time.
The bill also proposes several homes, such as remand homes, special homes, closed facilities and aftercare homes for children in conflict with the law. A child justice court is also proposed.
While the bill focuses on children in conflict with the law, it also tries to address issues concerning children in difficult circumstances. A child in difficult circumstances is a child, who is a destitute, has unfit or incapacitated parents or guardians, associates with people leading a drunken, immoral or depraved life; or who is being or likely to be abused or exploited for immoral or illegal purposes, according to the bill.
A child in conflict with a law is a child, who is 13 years of age and above, and found to have committed an offence.
If a child below 13 years of age is arrested the child shall be immediately released to the parents or guardians, or in absence to their nearest relative, states the bill. No children under the age of 13 years can be handcuffed.
Arrested or detained child with or without warrant will have to be produced before the court within 24 hours of the arrest. The bill also states that a child can be released on bail or bond.
It also contains a section on offences against children, such as assault, battery, the invasion of a child’s privacy, prostitution, pornography, trafficking and providing narcotic and psychotropic or chemical substances to children.
Talking to Kuensel, the education minister, Lyonpo Thakur Singh Powdyel, also the chairperson of NCWC, said that the bill was founded on the principle of prevention being better than cure.
“Ideally, if all our children are able to grow up and develop in an environment of love and care, there’ll be fewer instances of children coming in conflict with law,” said the minister. “The bill is an attempt to protect the life and sanctity of children as members of society.”
According to Norbu Gyeltshen of NCWC, so far there was no Act specifically focusing on children. Moreover, Bhutan had ratified the CRC convention and, as a commitment to the convention, a national law was needed in place. “We’ve been asked by international organisations what instruments we have in place to provide protection and care to children.”
“Without the Act, justice to the children isn’t ensured,” he said.
While the National Council applauded the grandeur of the Act, the practicality and economic viability of establishing institutions and human resource required in place to support the Act was questioned. Source: Kuenselonline
Bhutan Child Adoption Bill
Six applications for child adoption have been kept in abeyance by the national commission for women and children (NCWC) till the Adoption Act is ready. But yesterday, the National Council deferred the Child Adoption Bill to its winter session, having had very little time to review the bill, which was submitted late.
The social and cultural affairs committee, which reviewed the bill, received it only a month before the National Council session, according to a press release from the Council. Bills are required to be submitted three months before the session starts.
However, the chairperson of NCWC, education minister Lyonpo Thakur Singh Powdyel presented the need and importance of the bill to the council yesterday. NCWC is the organisation proposing the bill.
According to the minister, so far there was no act providing protection to children, who were adopted. The minister said that there were no investigations done as to why the child was being adopted. “This bill protects the child,” he said.
Talking to Kuensel, the minister said that, when it came to inter-country adoption, there were no proper records. “We’re concerned about their welfare, since adoption could have taken place without the best interest of the child,” he said, adding that the present child adoption situation was arbitrary.
“The bill is the first attempt to streamline procedures for adoption for both domestic and international cases,” he said. “It lays down comprehensive and detailed processes and procedures affecting the life and interest of the adopted child.”
The bill also provides a mechanism for regular monitoring of the welfare of the adopted child. For example, adoptive parents were required to send in annual reports to the commission.
The bill also states that children below 18 years of age can be adopted. However, no child under six months of age will be considered for adoption. “Abandoned children, however, were a different case,” said the education minister. “The child needs protection immediately; but; in the long run; the adoption of the child will have to go through the procedures.”
Adoption, however, according to the minister; should be seen as ultimate resort to ensure welfare of child. “Adoption shouldn’t be encouraged in the normal circumstances, because the relationship between the child and biological parents is sacred, and needs to be honoured,” he said.
On the possibility of establishment of orphanages, the education minister said that that orphanages, old age homes and transit shelters were necessary only as temporary measures, and were not the most desirable institutions in society. “The effort should be to live and belong together,” he said.
The bill also proposes NCWC as the competent authority to provide adoption services and the power to accredit civil society organisations as providers of such services. Any Bhutanese citizen, single or married, and of good moral character, financially secure, not convicted of felony crime, capable of support and care for child, can adopt a child, the bill states.
Inter-country adoption can be done by only those foreign nationals of a country with whom Bhutan has diplomatic relationship, or by a Bhutanese citizen permanently residing abroad. The high court has the jurisdiction to hear on matters concerning inter-country adoption of a child.
The Child Adoption Bill is also a commitment NCWC has made to international conventions on child care and protection. Source: Kuenselonline
The social and cultural affairs committee, which reviewed the bill, received it only a month before the National Council session, according to a press release from the Council. Bills are required to be submitted three months before the session starts.
However, the chairperson of NCWC, education minister Lyonpo Thakur Singh Powdyel presented the need and importance of the bill to the council yesterday. NCWC is the organisation proposing the bill.
According to the minister, so far there was no act providing protection to children, who were adopted. The minister said that there were no investigations done as to why the child was being adopted. “This bill protects the child,” he said.
Talking to Kuensel, the minister said that, when it came to inter-country adoption, there were no proper records. “We’re concerned about their welfare, since adoption could have taken place without the best interest of the child,” he said, adding that the present child adoption situation was arbitrary.
“The bill is the first attempt to streamline procedures for adoption for both domestic and international cases,” he said. “It lays down comprehensive and detailed processes and procedures affecting the life and interest of the adopted child.”
The bill also provides a mechanism for regular monitoring of the welfare of the adopted child. For example, adoptive parents were required to send in annual reports to the commission.
The bill also states that children below 18 years of age can be adopted. However, no child under six months of age will be considered for adoption. “Abandoned children, however, were a different case,” said the education minister. “The child needs protection immediately; but; in the long run; the adoption of the child will have to go through the procedures.”
Adoption, however, according to the minister; should be seen as ultimate resort to ensure welfare of child. “Adoption shouldn’t be encouraged in the normal circumstances, because the relationship between the child and biological parents is sacred, and needs to be honoured,” he said.
On the possibility of establishment of orphanages, the education minister said that that orphanages, old age homes and transit shelters were necessary only as temporary measures, and were not the most desirable institutions in society. “The effort should be to live and belong together,” he said.
The bill also proposes NCWC as the competent authority to provide adoption services and the power to accredit civil society organisations as providers of such services. Any Bhutanese citizen, single or married, and of good moral character, financially secure, not convicted of felony crime, capable of support and care for child, can adopt a child, the bill states.
Inter-country adoption can be done by only those foreign nationals of a country with whom Bhutan has diplomatic relationship, or by a Bhutanese citizen permanently residing abroad. The high court has the jurisdiction to hear on matters concerning inter-country adoption of a child.
The Child Adoption Bill is also a commitment NCWC has made to international conventions on child care and protection. Source: Kuenselonline
Bhutan Foreign Direct Investment
The dust that foreign direct investment (FDI) in the construction sector stirred up between the government and the Bhutanese contractors has finally settled.
The two parties realised that, more than the disagreement on the issue, it was the misunderstanding arising from miscommunication between the two that had the government and local contractors at loggerheads for the last few months.
All this while Bhutanese contractors thought the Nu 50M, which the government recently increased to Nu 100M following contractors’ repeated pleas, was the total worth of a project foreign investors could participate in. The government on the other hand failed to clarify that it was indeed the initial capital that foreign investors ought to possess should they wish to invest in projects within the country.
The works and human settlement minister, Lyonpo Yeshey Zimba, explained that the Nu 100M was not for the project size.
“The amount is for establishment of offices, buying construction equipment and other machineries required for a project,” Lyonpo Yeshey Zimba said. “The amount is for the initial investment FDIs will have to make.”
It was like the case of Bhutanese contractors, who, to be in class ‘A’ category and undertake projects of that capacity, had to have Nu 20M capital as establishment cost.
For serious foreign investors in the industry, the amount was initially fixed at Nu 50M, which was doubled this week to allay Bhutanese contractors’ fears of the possibilities of opening doors to small-time contractors from bordering Indian states of Assam.
While a few local contractors cursed themselves for asking the government to raise the amount to Nu 100M, fearing they might not be able to mobilise it, many were satisfied.
“It’s all so confusing and even the FDI policy failed to clearly define and spell it out,” said a class ‘A’ contractor. “It’s good nevertheless.”
He said Bhutanese contractors, tying up with some foreign companies, would have to explain the same to their potential partners and find out if they were still in. “That’s the only difficulty now,” he said.
Some contractors thought the government had deliberately left this aspect of FDI unexplained, just so they could raise the amount on the terms of the contractors.
“We had many consultations with the government and they never explained to us,” a contractor said, adding that he was happy at the prospect of being able to tie up with some real foreign partners.
The economic affairs secretary, Dasho Sonam Tshering, said Bhutanese contractors were aware of the fact that the amount had nothing to do with the project size but the capital investment.
Of fronting and allowing inept foreign partners into the industry, Lyonpo Yeshey Zimba said foreign investors would have to bring their capitals in USD, a foreign exchange the country was short of.
“Otherwise, what’s the point of bringing in a foreign investor,” he said, adding that it allowed only big contractors to form a strong company that will bring the business long-term benefits. “Only serious companies, who have more capital than we have today, will be encouraged,” Lyonpo said.
Anticipating foreign partners to be big Indian companies, some contractors suggested the Indian rupee should also be allowed, as it was sorely lacking in the country.
The real picture in sight, Dasho Sonam Tshering said serious Bhutanese contractors would gain in terms of technical know-how, tying up with foreign investors, which would capacitate them to undertake bigger complicated projects, not just within the country but the region in future.
“Profits might go out at the end of a project, but the real investment and skills will be retained,” he said. “The commission market will also be limited.” Source: Kuenselonline
The two parties realised that, more than the disagreement on the issue, it was the misunderstanding arising from miscommunication between the two that had the government and local contractors at loggerheads for the last few months.
All this while Bhutanese contractors thought the Nu 50M, which the government recently increased to Nu 100M following contractors’ repeated pleas, was the total worth of a project foreign investors could participate in. The government on the other hand failed to clarify that it was indeed the initial capital that foreign investors ought to possess should they wish to invest in projects within the country.
The works and human settlement minister, Lyonpo Yeshey Zimba, explained that the Nu 100M was not for the project size.
“The amount is for establishment of offices, buying construction equipment and other machineries required for a project,” Lyonpo Yeshey Zimba said. “The amount is for the initial investment FDIs will have to make.”
It was like the case of Bhutanese contractors, who, to be in class ‘A’ category and undertake projects of that capacity, had to have Nu 20M capital as establishment cost.
For serious foreign investors in the industry, the amount was initially fixed at Nu 50M, which was doubled this week to allay Bhutanese contractors’ fears of the possibilities of opening doors to small-time contractors from bordering Indian states of Assam.
While a few local contractors cursed themselves for asking the government to raise the amount to Nu 100M, fearing they might not be able to mobilise it, many were satisfied.
“It’s all so confusing and even the FDI policy failed to clearly define and spell it out,” said a class ‘A’ contractor. “It’s good nevertheless.”
He said Bhutanese contractors, tying up with some foreign companies, would have to explain the same to their potential partners and find out if they were still in. “That’s the only difficulty now,” he said.
Some contractors thought the government had deliberately left this aspect of FDI unexplained, just so they could raise the amount on the terms of the contractors.
“We had many consultations with the government and they never explained to us,” a contractor said, adding that he was happy at the prospect of being able to tie up with some real foreign partners.
The economic affairs secretary, Dasho Sonam Tshering, said Bhutanese contractors were aware of the fact that the amount had nothing to do with the project size but the capital investment.
Of fronting and allowing inept foreign partners into the industry, Lyonpo Yeshey Zimba said foreign investors would have to bring their capitals in USD, a foreign exchange the country was short of.
“Otherwise, what’s the point of bringing in a foreign investor,” he said, adding that it allowed only big contractors to form a strong company that will bring the business long-term benefits. “Only serious companies, who have more capital than we have today, will be encouraged,” Lyonpo said.
Anticipating foreign partners to be big Indian companies, some contractors suggested the Indian rupee should also be allowed, as it was sorely lacking in the country.
The real picture in sight, Dasho Sonam Tshering said serious Bhutanese contractors would gain in terms of technical know-how, tying up with foreign investors, which would capacitate them to undertake bigger complicated projects, not just within the country but the region in future.
“Profits might go out at the end of a project, but the real investment and skills will be retained,” he said. “The commission market will also be limited.” Source: Kuenselonline
Tuesday, June 8, 2010
Annual Judicial Commission
The Supreme Court chief justice, Lyonpo Sonam Tobgye, assumed the role of a teacher yesterday, inoculating a relatively new crop of judges, especially those from dungkhag courts, with a dose of legal principles and philosophies.
It was the sixth day of the judiciary’s annual conference in Thimphu, which began on June 1.
Using a white board to explain the various theories and legal principles, the chief justice asked the judges from over 35 dungkhag and district courts, high court and supreme court to understand, which school of thought they belonged to and their strengths and weaknesses.
“Are you a conservative judge, a liberal one, a pragmatist, idealist, teleological, consequentialist or a functionalist?” he asked the judges, adding that, in the next five years, the public, including the media, ought to know which legal philosophies and thoughts guide a judge, based on his or her judgements.
For instance, a conservative judge, he said, went by the book; while a liberal judge allowed rooms for manoeuvre.
A drangpon following the teleological theory would judge an action in terms of external goals or purpose, while the consequentialist theory measured the moral worth of the consequences, which could be good, neutral or evil.
“That’s why I tell judges to keep their mind open until the very last day of a case,” the chief justice said.
Removing quasi-judicial powers at dungkhag level, 12 courts opened in March 2009 manned by dungkhag drangpons. Earlier, dungpas were bestowed with the authority to make decisions akin to those of a judge in the dungkhags, besides other administrative powers.
“This is the first meeting where judges are exploring together the legal theories and philosophies,” a dungkhag court judge said, adding that this was an important issue, mainly for the fresh batch of dungthrims.
From Plato’s theory of justice to Thomas Hobbe’s natural law, which refers to the use of reason to analyse human nature and deduce binding rules of moral behaviour, the chief justice explained it all. “I want to expose judges to all these various ideas,” he said.
A district court judge said it was important for judges to know these legal philosophies, to understand how rules and laws are framed, and how they came to a particular judgement on a case. “These judgments should, however, be free of all biases,” he said.
Lyonpo Sonam Tobgye asked every judge to choose two subjects or areas, in which they would like to specialise. “In the next few years, we want to build the expertise in the judiciary,” he said, adding that, within the next two to three years, the judiciary’s emphasis would be on the quality of justice delivered.
The conference ends on June 11. Source: Kuenselonline
It was the sixth day of the judiciary’s annual conference in Thimphu, which began on June 1.
Using a white board to explain the various theories and legal principles, the chief justice asked the judges from over 35 dungkhag and district courts, high court and supreme court to understand, which school of thought they belonged to and their strengths and weaknesses.
“Are you a conservative judge, a liberal one, a pragmatist, idealist, teleological, consequentialist or a functionalist?” he asked the judges, adding that, in the next five years, the public, including the media, ought to know which legal philosophies and thoughts guide a judge, based on his or her judgements.
For instance, a conservative judge, he said, went by the book; while a liberal judge allowed rooms for manoeuvre.
A drangpon following the teleological theory would judge an action in terms of external goals or purpose, while the consequentialist theory measured the moral worth of the consequences, which could be good, neutral or evil.
“That’s why I tell judges to keep their mind open until the very last day of a case,” the chief justice said.
Removing quasi-judicial powers at dungkhag level, 12 courts opened in March 2009 manned by dungkhag drangpons. Earlier, dungpas were bestowed with the authority to make decisions akin to those of a judge in the dungkhags, besides other administrative powers.
“This is the first meeting where judges are exploring together the legal theories and philosophies,” a dungkhag court judge said, adding that this was an important issue, mainly for the fresh batch of dungthrims.
From Plato’s theory of justice to Thomas Hobbe’s natural law, which refers to the use of reason to analyse human nature and deduce binding rules of moral behaviour, the chief justice explained it all. “I want to expose judges to all these various ideas,” he said.
A district court judge said it was important for judges to know these legal philosophies, to understand how rules and laws are framed, and how they came to a particular judgement on a case. “These judgments should, however, be free of all biases,” he said.
Lyonpo Sonam Tobgye asked every judge to choose two subjects or areas, in which they would like to specialise. “In the next few years, we want to build the expertise in the judiciary,” he said, adding that, within the next two to three years, the judiciary’s emphasis would be on the quality of justice delivered.
The conference ends on June 11. Source: Kuenselonline
Sunday, June 6, 2010
The Royal Bengal Tigers
Pictures of tigers captured on camera trappings challenge the widely accepted fact that the only species of tiger inhabiting the country is the royal Bengal tigers.
Camera trapping in Jigme Dorji Wangchuk national park (JDWNP) last year captured a tiger different from those normally spotted in the country’s many parks such as the Jigme Singye Wangchuk national park (JSWNP), Manas national park and Thrumshingla national park.
Nature conservation division’s chief forest officer Dr Sonam Wangyel said that tigers found in JDWNP were stouter, had bushy fur and their facial structure resembled a Siberian tiger of Russia.
“They’re quite small built, compared with their counterparts in the other parks,” he said. Dr Sonam Wangyel wonders what caused their physical differences, which only a genetic analysis could confirm.
“It could be a natural adaptation or probably some level of inbreeding is taking place that may actually lead to genetic depression,” he said. “It could also be associated with their mutation manifested in their appearances.”
In absence of a nationwide tiger survey, Dr Sonam Wangyel said it was difficult to decipher with certainty where the tigers are across the country.
Pockets of survey and village reports, he said, showed that except for Sakteng wildlife sanctuary, JDWNP, JSWNP, Tursa nature reserve, Phibsoo wildlife sanctuary, royal Manas national park, Thrumshingla national park, Bumdeling wildlife sanctuary, and Wangchuk centennial park all spotted tigers.
“Through my research, I found out that the territories of tigers and leopards don’t overlap he said. “Wherever I’ve captured tigers in the cameras no leopards were captured.”
The national tiger recovery program draft says that Bhutan is unique in having tigers at altitude as 4,100 m in the north.
“It represents the only tiger ecotype adapted to live in high altitude habitats,” it said. Source: Kuenselonline
Camera trapping in Jigme Dorji Wangchuk national park (JDWNP) last year captured a tiger different from those normally spotted in the country’s many parks such as the Jigme Singye Wangchuk national park (JSWNP), Manas national park and Thrumshingla national park.
Nature conservation division’s chief forest officer Dr Sonam Wangyel said that tigers found in JDWNP were stouter, had bushy fur and their facial structure resembled a Siberian tiger of Russia.
“They’re quite small built, compared with their counterparts in the other parks,” he said. Dr Sonam Wangyel wonders what caused their physical differences, which only a genetic analysis could confirm.
“It could be a natural adaptation or probably some level of inbreeding is taking place that may actually lead to genetic depression,” he said. “It could also be associated with their mutation manifested in their appearances.”
In absence of a nationwide tiger survey, Dr Sonam Wangyel said it was difficult to decipher with certainty where the tigers are across the country.
Pockets of survey and village reports, he said, showed that except for Sakteng wildlife sanctuary, JDWNP, JSWNP, Tursa nature reserve, Phibsoo wildlife sanctuary, royal Manas national park, Thrumshingla national park, Bumdeling wildlife sanctuary, and Wangchuk centennial park all spotted tigers.
“Through my research, I found out that the territories of tigers and leopards don’t overlap he said. “Wherever I’ve captured tigers in the cameras no leopards were captured.”
The national tiger recovery program draft says that Bhutan is unique in having tigers at altitude as 4,100 m in the north.
“It represents the only tiger ecotype adapted to live in high altitude habitats,” it said. Source: Kuenselonline
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