Thoughts — Leave a comment
10
May 13

Term of the National Council of the 2nd Parliament begins

The National Council MP elects entered the NC Hall for the first time in the morning yesterday as they came together following a Kasho from His Majesty the King to hold the first sitting of the House as per law. As outlined, at the first sitting member elects cast their votes to elect the Chairperson and the Deputy Chairperson. Member elects Dasho Sonam Kinga (Phd) of Trashigang, Jigme Rinzin of Pemagatshel and Sangay Khandu of Gasa contested for Chair and member elect Tshering Dorji of Haa stood for an uncontested election after member elect Kaka Tshering of Paro withdrew his candidature.

Member elect Dasho Sonam Kinga (Phd) was elected as the Chairperson after receiving a clear majority of 15 votes, followed by member elects Sangay Khandu with 8 votes and Jigme Rinzin with 2 votes. For the Deputy Chairperson, member elect Tshering Dorji was elected unanimously.

Followed by this, affirmation of office was administered to the member elects by the Head of the Interim Government, the Honourable Chief Justice of the Supreme Court of Bhutan, formally indicating the completion of the transition of member elects to members of parliament. The affirmation of secrecy was then administered to the Chair elect and Deputy Chair elect in the presence of the rest of the House similarly.

[caption id="attachment_967" align="alignleft" width="580"] Photo courtesy – The Bhutanese[/caption]

As we started to disperse, I took the opportunity to be the first person to offer Tashi khadhar and my best wishes to Dasho Sonam Kinga on being elected as the Chairperson of the National Council, to lead us for the next five years. Elections are part and parcel of a democratic set up and participation as voters and contestants remain very important but what is even more important is not to forget to respect the outcome at the end of the process. I feel honoured to have been nominated and supported. I feel proud to have particpated with such fine minds as Dasho Sonam Kinga and Hon. Jigme Rinzin, colleagues I have come to respect and admire greatly.

This important day marks the beginning of the new term of the National Council.

I wish Dasho Sonam Kinga all the very best as he assumes the position of the Chair and Hon. Tshering Dorji the position of the Deputy Chair. I look forward to another fruitful 5 years as you collectively steer us through.

 

 

 

General — 3 comments
08
May 13

A small dzongkhag can also assume importance – Gasa dzongkhag

With 1,835 eligible voters Gasa may not seem like an important dzongkhag (district) but the   most recent unfortunate incident involving disqualification of the Bhutan Kuen-Ngam Party (BKP) from contesting the National Assembly 2013 elections must be looked beyond as merely a stumbling block.

I must also mention here that my respect for BKP as a political party has grown when the party leadership in his reaction called all supporters to remain calm and instead shared intent to work towards strengthening the party. It will be remembered as a great example.

However, as I was saying it must be looked at beyond that. In my own rough analysis, this development has brought Gasa dzongkhag to the center of Bhutanese politics. With so little voters, why did it make it to the center one may wonder. It comes to me without surprise because our Constitution requires each and every district to have a minimum of two and a maximum of seven National Assembly constituencies. It is a deliberate provision so that minority interest is always under consideration too. That is why a small constituency which otherwise would have been insignificant today has taken center stage.

This is one instance which has allowed a political party to show how one can gracefully deal with disappointment even after a great deal of effort has been put into something so important. It has also shown our Constitutional intent to protect minority interest in a democracy which often gets away with majority power.

 

General — 1 comment
14
Mar 13

National Council incumbents and contesting elections – a case of not seeing the forest for the trees

I have always been for a free press and our Constitution guarantees it. I applaud the effort put in by our journalists and reporters generally, in striving to achieve their fundamental purpose albeit limitations. The media is very powerful, it holds the power to disseminate ideas and perspectives, changing civilizations from the inside. What it shares has great ramifications and therefore, rightly often referred to as the 4th estate. I believe it is in keeping with the tenets of this important profession that the other side of the story needs to be heard. It is only in this light that I begin to share what I do.

It might be important as a society aspiring towards growing into a democracy whose foundations are laid out on the principle of rule of law to look at and understand the predicament, as some may refer to as that the National Council has been in, be looked at with a slightly more intelligent or wider lens. I prefer referring it to as the phase, can not be fitted forcefully into one single channel of thought. Simply because it is not fair for the rest of the country to be made to believe it so. It is not only about post service benefits, the concerns expressed by the National Council and other equally important institutions need to be understood. Some may agree when I say we have made ‘not see the forest for the trees’

The whole interpretational space has been reduced to such narrow trivialities and I worry if we are setting in motion a self-fulfilling prophecy. Individually, the post employment benefit is big if not huge, but to pick it out and compare it to the Constitutional implications is like comparing apples and oranges. It is about our Constitution and a question that needs answering for all times to come. It seems very unsettling to see the media pay less focus to this important discourse but instead continue with their favorite subject of pounding MPs with benefit artillery. I believe, engrossed in this favorite distraction, many questions that needed attention may have skipped focus. It is true that the Election Commission of Bhutan, as a Constitutional body has a sacred duty, but so does Parliament and Judiciary. We should not mistake respecting institutions for respecting the Constitution. Respecting Parliament is not to be understood as the same as respecting the Constitution. It is in respecting the Constitution in its entirety that we uphold it. And so Parliament enacts laws, the executive makes policy decisions, the constitutional bodies decide within their jurisdictions and when differences in interpreting laws arise, the Judiciary is approached. The interpretation of law is not as simple as one may want it to be. Therefore, sometimes differences in opinion emerge and in this case, difference between how the National Council and the Election Commission of Bhutan read Electoral Laws which has relation to participation of incumbent Councillors.

Quite simply the Constitution requires that the National Council to stay in continuity, which means it must at all times have at least 3/4th of its members ready to pass any law. This is so that as soon as a Government is constituted after the National Assembly elections, Parliament is ready to carry on business. Otherwise the Council would be understood to cease to exist, which many of us believe would seriously violate the spirit of the Constitution. Ofcourse, the Election Commission believes that as contained in provisions in the Constitution, for a free and fair election to be conducted, incumbents need to resign. The National Council respects its decision but also finds itself unconvinced of this interpretation. The debate, in the center of which lies this fundamental difference in opinion has and remains to be about upholding our Constitution. While the implication on post service benefits, although important as individuals, can not more important than our Constitution and only set out to reconcile this difference.

Whatever the outcome, in invoking Constitutional provisions, I am confident that no law has been breached nor has any institution been undermined. Every institution has been acting earnestly in carrying out its mandate. However, the point needs to be driven home that in approaching the court for interpretation when differences of opinion arise, is infact respecting our Constitution for rule of law is and should be at the heart of our democracy.

 

Good Governance — Leave a comment
04
Jan 13

Ataxia de democracy

The Bhutanese society is increasingly getting use to the idea of having members from the media present at important discussions. Often we hear the complaint that not enough coverage is being accorded to concerns and discussions from districts (MDA,2010) and understandably so, news media is a very important actor in a democracy. At a time when more want coverage, to want less is definitely a notable change.

Reading news from kuensel on the news media being left out from discussions during this year’s annual education conference appears to be the case and a cause for concern for those who believe in transparency as a critical element of good governance and the freedom of press. The shift from the news media being allowed to be present during discussions to this drastic measure of not allowing them to be present calls for a deeper level of thinking.

The reasons cited for such a action was earlier experiences of the ministry with the news media of mis-interpreting, mis-quoting and covering the conferences rather negatively (as perceived by the ministry). Another reason cited in the article was also that the presence of news media making discussions difficult. I read it as creating discomfort in discussing issues openly. Looking at these concerns in isolation perhaps one may agree that until the news media learn to do a more professional job, no chances be taken. But, as is the case in society, nothing is as simple as that. We will make mistakes and we will need to learn from them.

The Government initiated ‘meet-the-press’ platform and the Parliament conducts its proceedings openly, all advocating transparency. Interestingly the ministry of education decides to close doors at this years annual conference. Is there a question of disagreement on transparency within the Government? Citing these reasons alone can not justify being refused presence, not unless the discussions concern national security and other similar concerns. Besides claims of similar experiences have also been made by members of the Government and also Parliament but it continues as it has. Transparency allows for questioning, criticizing and engaging which will allow us to learn and move forward. As stated the news media would be given access to information after the closing of the conference. True, but would all of the contributions from participants be captured? Closing out the news media from discussions is both symbolic and interpretive of extreme apprehensions, but will it be productive? Is this the best way to move forward? Will others follow suit with similar excuses?

I believe we must promote transparency to the extend it benefits the public. Closing doors to the news media that have always been included for annual conference discussions does not bode well with our desire to promote deepening of democracy and more specifically transparency.

General — Leave a comment
12
Jul 12

A study of the mining sector in Bhutan will be undertaken

(Proposed on July 10, 2012 to the 9th session of the National Council)

[caption id="attachment_923" align="alignleft" width="300"] Mines and Quarries. Photo courtesy: Bhutan Observer[/caption]

A trend of increasing mineral extraction indicated by increased production statistics, increasing number of leases issued and revenue generated, leave no doubt that the mining and quarrying sector is slowly expanding. This is attributable to (i) growing exports of minerals, and (ii) increasing domestic consumption by industries as raw materials, and (iii) constructions.

Information from the Department of Geology and Mines allows one to arrive at a rough estimate of direct revenue from mines (direct taxes and CIT from a few mine operators who information is available) of Nu. 377 million. It is a tidy amount for Bhutan. However, a concern has been the environmental impact of mining and quarry given Bhutan’s fragile ecosystem. While the growth in the sector as part of the primary sector is certainly good, environmental concerns can not be understated, especially in Bhutan.

A study conducted by the National Environmental Commission in 2009[1] of 63 mines clearly indicate that there have been ‘less than’ satisfactory compliance to rules and regulations by both regulator(s) and operator(s). Many issues have been identified that the relevant agencies need to work on.

‘It is an accepted fact that mining cases disturbance and damage to the environment. The magnitude of impact on environment depends upon the geological formation of the mining area and the method of mining operation. All mines in the country are of open-case type which could affect the environment by changing landscape, Ph medium of soil and water, flora and fuana, and socio-economic aspects.’ [2]

However, the annual report of the Ministry of Economic Affairs[3] mentions the completion of a draft Mineral Development Policy aimed at bringing changes in the allocation of mines/quarries and to have a properly planned, efficiently regulated and professionally managed mineral industry. It also states that social and environmental consequences and their management are adequately addressed. However, the draft policy is not yet approved. In the absence of such a policy, in 2011 there were 192 applications for operating quarries and mines out of which 12 stone quarries and 1 limestone mine were leased. Pre-feasibility study for 140 sites have been completed out of which 38 are under process.

The aim of the draft policy revolving around the changes in the allocation of mines and quarries and to have a properly planned, efficiently regulated and professionally managed mineral industry seems logical given the impact mining and quarrying has on locals dwelling around the site. A logical understanding seems to me that the people who suffer as a consequence of mining and quarrying around an area benefit out of it more than any other. The pros and cons of economic returns between ownership by the private sector and nationalization (soverign fund and/or non-transferrable shares by every Bhutanese and others) need to be studied. This is nothing new for Bhutan given our investment approach in the hydropower sector too and earlier approach of establishment of NRDCL.

 It is based on this premise that one may believe that a change in the model of operation of mines and quarries in Bhutan needs a re-visiting. Any such important debate needs a sound basis which is why a proposal to conduct a study of the sector is being proposed, both environmental and others.

Therefore, a motion proposing a study of the mines and quarry sector is made but not limited to the list. In order to facilitate a meaningful study, it was proposed that a committee of the National Council be tasked with the mandate of drawing up a Terms of Reference for the study and then submit its findings to the 10th session of the House for discussion:-

(i)                    Environmental impact of mining and quarrying in Bhutan,

(ii)                  Rationality of revenue and market prices of minerals mined and quarried in Bhutan, and

(iii)                Pros and cons of nationalization of mines and quarries in Bhutan.

The National Council supporting the proposal resolved to direct the Natural Resources and Environment Committee to take lead, I will be joining the Committee too.

[1] Report on the environmental monitoring of mines, Bhutan 2009 (March – May]

[2] Excerpt from the Report on the environmental monitoring of mines, Bhutan 2009 (March – May)

[3] Annual Report of the Ministry of Economic Affairs to the 9th session of Parliament (May 2011 – May 2012)

General / Good Governance — 3 comments
22
Jun 12

May soon have more private colleges

A short update on a follow-up question on the my last question from the 7th session of Parliament on the need to set up more private colleges.

The Honorable Education Minister responded to my question with a date this time around, July 12, 2012 earlier today during Question Hour in the National Council. A committee, which will approve the establishment of private colleges in Bhutan under the Ministry may finally be ready to allow other private colleges to be set up in Bhutan in addition to RTC. The three proposals that have been shuttling between the Ministry and the promoters have also re-submitted their expressions of interest with proposals. We may finally see a decision by the committee, this is wonderful news.

I had submitted the same question during the 7th session but did not find a satisfying response and therefore, had called the attention of the Government to institute a transparent and fair protocol for allowing establishment of private colleges, a necessity and important to expedite the process. Today’s response with this date is positive development which will allow many young Bhutanese men and women to study in Bhutan without having to travel out of the country which becomes expensive and also a cumbersome and worrying journey for the family members as well. This will also allow for some quality regulation which has become a concern of late. The Bhutanese private sector can also take part in this important aspect of our development and contribute by providing options which today remains very limited to studying in the country other than public institutions and RTC. I hope when the date comes, more private colleges will be approved and can begin setting up institutions with support from the Government that is being discussed to be accorded to the Education City Project, it only makes sense that our own gets it if not more.

Good Governance — 3 comments
23
May 12

The RTI debate in Bhutan: premature?

Power point presentation on RTI to the NC by Sangay Khandu

Is the RTI debate too soon for Bhutan, that is if we really ever had a debate on it.

Many may probably say yes but there are others who feel, it is as good a time as any to debate it. While not many would refute it’s importance in democratizing governance, the concern really for many with whom I have spoken or interacted with, who have expressed reservations, seem to be one revolving around unpreparedness as a society. As I have already shared my thoughts on it several times, I will like to make an attempt at making a short opinion once again.

It has been my experience through these four years in office that every parliamentary session and for that matter, almost each plenary of the National Council sitting, issues raised and discussed ranged from delayed land compensation to poor public service delivery, to inaccessibility to certain information or absence of good and meaningful information, from poor accountability to non-uniform application of laws and rules and found a resounding consensus that our good governance initiatives needed strengthening. Interactions in public too found overlap with many of these issues, all pin-pointing towards seeking and demanding better accountability. I do not find any disagreement here, or atleast that’s how I feel. That is one of the primary reasons for my proposal for a debate in the National Council on RTI.

A view, perhaps of which a debate is become even more important is that, is it, as a society too early for Bhutan to debate RTI or consider enacting a RTI legislation? I believe this is a very important question put forth for consideration. After all, the RTI law has to be driven  by us Bhutanese for it to really effect change, it will not, like many other laws, act on its own. So are we ready?

Is there a demand? Will RTI become just another law?

Many issues concerning transparency and accountability as I read it, is indicative of the need for RTI. For further understanding, a consultative process is due and could be undertaken to further enrich the debate if we were to agree on a debate. But news of reports with potential to bring out the truth to start an honest discussion not coming out in public, I would think, without grassroots calling for it, could be a logical demand for more transparency. This is one of the primary reasons on which I base the need for such a debate to happen. Unlike laws which need agencies to come out and act, RTI will see the public come forth and use the law and by public I mean individuals, groups of individuals and the news media. It will drive the process forward and seek implementation in the process. So with greater awareness of the law that would begin with the initiation of the debate and other consistent efforts, it may see progressive usage with an increasing civic engagement, bringing people into more contact with decisions. This I feel also is an important component of our greater aim of becoming a vibrant democracy and it is in our interest to cultivate and further a culture of democracy.

No additional process in creating information for RTI

As far as information is concerned, each time a decision is made affecting lives, an important piece of information is created and stored somewhere even today without RTI. So to produce information for seekers as a result of RTI would not result in the creation of any new information. It has simply to do with providing it to the public.

 Will seats of power like RTI?

Generally the answer is quite the obvious.

I believe we are ready for this important debate. Some may think its a bit too early and others may strongly believe it is time but I think without a debate, we can never really know if we are here. A parliamentary debate is ideal but a public debate, to see what we think of it as a society is critical too. As parliament considers it, there is nothing to hold back a debate in public on this important aspect of good governance. This is not to indicate a retiring effort but to encourage more engagement so that in the end, more Bhutanese become part of this on-going consideration.

Thoughts — 4 comments
19
Apr 12

Bhutan and GNH : from the sidelines to the centre

I believe when faced with a problem or a challenge, one can truly understand one’s capability. Our most recent problem, the rupee crisis, as has come to be known, is one such challenge and I hope, collectively we can prevail and grow stronger through.

[caption id="attachment_859" align="alignright" width="259" caption="What the big noise is all about - Rupee crunch"][/caption]

Sometime last week the Government decided to address the nation on the issue on the national television; a most welcome effort considering the amount of panic and concern that was beginning to spread and show. It could have come much earlier and should have been the first step as a precautionary measure, if for nothing else. The sporadic interventions by the central bank did not help too, especially given our poor financial literacy. But even otherwise, many educated lots failed to see the bigger picture, it all appeared to indicate grounds for panic instead. So when many of the Bhutanese say they are not happy with how the Government and the Central Bank (mis)handled the situation, I tend to find reasons to agree with them. Continue reading →

Thoughts — 2 comments
12
Apr 12

With my little dragon girl and I am wondering…

Have you visited the neonate ward at the JDWNR hospital? If you have then you will probably understand what I am about to describe.

The unmistakable sound of fans at work, beep sounds from machines like the turbines of a plane, murmur of conversations amongst parents and attendees and the occasional sound of little babies crying.

Tonight, it’s a full house. There are no vacant spots on any of the phototherapy machines. There are no more vacant beds for the new mothers and so, some decide to make do with sleeping near the machines, closest to their little ones. I am here too, along with several other parents. We are in the section with ‘mild jaundice’ and in between helping ‘breast feed’ and ‘shuttling my little one back under the ‘therapeutic lights’, I have decided to share my thoughts on the year it is, that is the Dragon year. Continue reading →

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