WTO ratification may be jeopardised
Speaking at a discussion programme on ‘Legal Regime on Nepal’s Ratification to WTO’, jointly organised by ActionAid Nepal and Law Associates Nepal here today, lawyers said that Nepal’s Accession to the WTO cannot be ratified in the absence of the parliament.
The agreement has to be ratified by 31 March 2004.
They said that ratification of any treaty, which has serious and long-term impact on the nation, should be ratified by the two third majorities of the House of Representatives further adding that the ratification of WTO membership is of the same nature. Hence, it cannot be ratified in the absence of the parliament, they argued.
"Since there is no indication of revival of or election to the House of Representatives at present, it is next to impossible to get the agreement ratified within the stipulated time, which will result in losing membership," they claimed.
Article 126 (1) of the Constitution states, ‘The ratification of, accession to, acceptance of or approval of treaties or agreements to which the Kingdom of Nepal or His Majesty’s Government is to become a party shall be as determined by law.’
As the WTO experts and the law practitioners could not find the concrete solution to the problem, some participants suggested ratifying the agreement through political consent of the major political parties.
"As the parliament represents the sovereignty of the people, consensus should be garnered from all the political parties representing the dissolved House of Parliament as it could be the better solution," suggested Daman Nath Dhungana, former speaker.
One of the participants even went to the extent of suggestion that a referendum should be held if people’s involvement in the ratification of an agreement of such magnitude needs to be done in the absence of the parliament.
Sindhu Nath Pyakuryal, senior advocate and Chairman of Nepal Bar Association, said that ratification of the agreement by the present government, which he termed illegitimate, would be illegitimate.
Underlining the people’s consent over the Nepal’s membership in WTO, he said, "Ratification should be democratic and backed by the popular mandate of the people."
Presenting a paper on Laws on WTO Ratification, Dr Surendra Bhattarai, warned that if Nepal fails ratifying the WTO due to its internal problem within the time frame, its fate would be that of Vanuatu, whose full membership in a limbo as it lost the stipulated time.
Referring some of the governing laws and Acts, he said that section four needs to be added to the Treaty Act, 1990 and other relevant laws.
Advocate Tika Ram Bhattarai contradicted that amendment to Treaty Act, 1990 is an indirect amendment to the constitution of the kingdom and that is not possible now.
Prachanda Man Shrestha, Joint Secretary at the Ministry of Industry, Commerce and Supplies presented a paper on WTO Accession: Implications and Challenges on the occasion.Posted on: 2003-11-04 09:32
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His general strike is under way His group should follow their banda ...then mine... so you have to wait to announce a shutdown
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