Life and Tides.

Resignations at the end of a political tenure or supernuation from jobs are part of system in place. Therefore,  awareness should be prepardness. But when time comes knocking with calls of resignation and supernuation, so many are still so unprepared.. Such changes in temporal positions are like experiencing death whilst still alive for many. Impermanence is only a term that we automatically associate with cases of others. But for self, the dream of life and fortune being forever is hard to erase from inner conscience.

Still we human beings have enormous capacity to deal with changing tides if only we are not knocked down by the first wave of transition. Its alright to feel low and somewhat lost and knocked down. Just do not give up or attempt too hard to appear nonchalant. The experience is not normal. Its abnormal though common. So there is no sure set ways to deal with such changes. You are your own Guru. 

Gradually the transition evolves to help create your own space in society. Maybe different, new colleagues than old friends though same persons, same family with adjusted fresh priorities and same community with changed hierachy environment. But there is a space for you somewhere within the society though may not be of your preferred choice.

Few even get a new lease to old life and positions but that too will be gone sometimes later. And again back to that old hollow exercise of ' Bardo '  once again in conditions of less favourable age and health. Life is a scale. It finally settles down after all exercises of balancing. Thats why human beings are said to be born equal though we do not ever lead equal lives even in similar same position. 

The sooner we understand context of life, the better we can live it fully. So come to share my philosphy. Life is just one episode in our universe. Travel the journey your own way. The destination is same whichever path taken. Why try so hard to be someone else? Be your very self from the begining in love, with family, friends and society. Just work honestly hard and live freely unafraid and true. Good Luck with Blessings of Triple Gem!

Colour Kamni and Patang story.

I read the The Bhutanese article about clarifications from Chairman of Privy Council on Patang and colour Kamni.  I think we are still.studying for appropriate approach and acceptance of new arrangements.  

Encouraging people to discard " colour Kamni " like blue and orange scarfs is rather like telling former officials to forget their role and contribution in the service of the Tsawa Sum through those respective positions. I hope they do not feel as if  ousted from heaven.    

There is one complete change in the traditional culture conveyed in the clarifications provided.  Traditionally red scarf Officers did not wear patang after leaving their official posts. Same went for Royal Advisory Councillors. But they wore the red and blue Kamni even in retirement. Even Ministers once in retirement did not wear Patang but wore the orange Kamni.
Now it seems some can wear both and others none after retirement from active service. It all depends on which King granted the honour and on whom and under what circumstances. Confusion is quite agalore. And confusion in culture and practices brings about  obscurity which in turn cause  dilution to the essence and cultural impact of tradition that is no more traditional.

To my knowledge, there are recipients of red scarf honour by civilians unconnected with official positions. They have no retirement age and wore both red Kamni and patang unto death. All others who received red scarf during their official service be they in Royal Secretariat or Government Service, upon retirement wore the same colour Kamni but not the patang. This system was quite clearly established as the nation headed into democracy era.  

We are now discarding the much touted tradition. And making up rules as per mood swings or time demands. This trend does not give dignity nor preserve our culture which  supposedly were recorded  in writing since Zhabdrung time and established widely especially the colour Kamni and Patang practices by successive Wangchuck Kings till now.

I have no historical reference but it looks like the Dratsang had the Kamni culture including the kamni colours and entitled folds.  And patang was a weapon that lay officials already wore. So probably when Zhabdrung conferred ranks to lay officials after introducing the dual system, the lay officials continued wearing their patang also as long as he was in active service.

Prior to 2008 election, there was no indication that MPs would be given any colour kamni or patang. This was a afterthought royal decision. At first blue Kamnis were handed out to NA MPs and then later Patang was handed out or permission given to wear it ( I am not clear on this). But definitely the blue scarf and patang  were not handed out at the same time to the members of the first National Assembly of democratic governance. . 

During absolute Monarchy reigns, the Royal Advisory Councillors elected by the  people were granted Dhar with blue scarf and permission to wear patang from the Throne just like the present National Council MPs though for them patang was also provided. 

The pre- democracy National Assembly members elected by the people had a white kamni with blue stripe in the middle but no patang. They were not given Dhars from the Throne. Today's National Assembly Members are also not given Dhars from the Throne. But handed out blue scarf and patang by the Secretary of  National Assembly Secretariat during 2013. In 2008, blue scarf was simply left hung on the chairs. And patang distributed much later.  

However, the National Council Members led by the Chairperson and the Political Party selected Cabinet Ministers led by the Prime Minister were granted Dhar in the traditional manner from the Throne on both occassions in 2008 and 2013.

Now is there a difference in the honour granted with Dhar ceremony and blue Kamni left hung on the chair for the individual NA MPs to adorn. Many may feel that there must be a difference. However, traditionally there is no difference. Many years back, I read the book " Hero of thousand eyes " related by Dasho Shinkar Lam and written by Dasho Karma Ura. In there Dasho Shinkhar Lam relates that His Majesty the Third King simply  commanded that an official  can  wear the colour scarf ( red/ orange ) and from the next day it was so worn with a patang.

So full colour scarfs: blue, green,  red or orange till 2008 are associated with the Royal Court whether granted with Dhar ceremony or by way of command to wear. Both ways are of same value as honour is bestowed upon the recipient from the Throne in both cases. 

Henceforth, what we need to be sure about is under democracy system, do we adopt one more culture that is a patang and colour kamni ( blue for ordinary MPs and orange for MP Ministers ) as  adornment  for the position received  from the people through the ballot box or an honour bestowed upon those MPs and Ministers from the Throne in keeping with the constitutional position of the King as the Head of the nation and guardian of national security and peace.

If Bhutan goes for adopting a new culture then an Act from.the aparliament would be required. But if we consider it as part of royalty associated traditional culture, then a Kasho would suffice for the new system of patang and Kamni.

Personally,  I would prefer the age old traditional system because we still are a Kingdom under the same Wangchuck dynasty though the King is different. But I know that this is taboo to national thinking. So a new system is being unofficially enforced to quote the Privy Council Chairman , " encouraging them to voluntarily give up Kamnis". A royal edit would take care of whatever the Royal wishes.

The former MPs and Ministers under democracy system should sufficiently feel comfortably dignified that they once received the confidence of the people to lead the nation.  Maybe,  few may feel initially naked without the colour kamni. But given time, the sentimental attachment to such adornments would wear off. Afterall, even the white kamni at one time was a useful cloth wrapper for light loads slung over the shoulders. Not really a traditional decorum uniform wear. Culture evolves with time and with democracy kind of  changes cannot be predicted.   

          

Party convention crowd size.

Considering all the challenges of arranging the first 2018 Political Party Convention, I must give a huge credit to DNT. The crowd was  impressive and programme well thought out. Very good marketting of the Party and goals.

Thereafter, BKP had the benefit of learning from the first DNT convention and naturally their crowd size was bigger.

DPT sent out mixed signals. The convention was for registered members though some wrote that it is open to all.  Anyway I guess candidates, their families and supporters attended the DPT convention. And the crowd size befitted  the important occassion.

PDP ofcourse had the advantage of being the last to hold the convention and being the Ruling Party the huge crowd size was not a surprise.

The conventions showed that Primary Election is going to be very, very competitive. Democracy has come to full bloom this 2018.

MPs, patangs and colour kamnis

Initially I thought patang and kamni for democratically elected officials were a symbolic recognition of the  people's choice from the Throne. A display of royal democracy gnh. My grand misconception and tgerefore admiration was short lived. Gradually it became clear that these are only adornments of office routinely  handed out by the constitutional King to MPs who have already secured authority of governance for 5 years tenure through the ballot box or EVMs. 

Now under Bhutanese democracy system, a new practice of power striptease has been instituted for retiring elected officials. Quite a gala at the august hall of Parliament where a public drama of literally stripping of authority was staged. The MPs undergoing the dis-robe ritual.

All can relax now that henceforth, there will not be an iota of fear of these former MPs and Cabinet Ministers exercising the apparently dreaded after tenure residual of influence if any among the people. Maybe,  this striptease ritual will also be  imposed upon retiring  Dratsang Lopens  and the retiring officers of the armed forces, hereafter. 

This power extinguishing script could have been adapted from the ritual of stripping the corpse of normal attires before being shrouded and placed  on pyre for cremation. A kind of finality of banishing to the void. What temporal fear calls for such public exorcism of retiring MPs?

I would have thought that if at all necessary an edict from the Speaker forbidding use of official adornments after exiting posts of authority would be equally effective and also dignified.      

Why always crucify civil servants?

The suggestion by National Law Review Taskforce that  civil servants must  undergo one year grace period after resignation before joining politics and that Political Parties should not dwell on civil servant pay during campaign are very biased and spiced with malicious ill will.

MPs can jack up their salaries and benefits once elected  and yet they cannot be held responsible for mistreatment in matter of remuneration for civil servants. Why shouldn't pay be an election issue?  Afterall the elected MPs has power over pay of civil service.  

The civil service is one organization which does all the works in planning and implementation of anything the nation wants to get done. They get praised by Ministers, Prime Ministers and even by the King for keeping the machineries of governance in superb motion. And yet it is the civil service that get screwed whenever there is pay talk or other opportunities in life.

The Parliamentarians and Constitutional Bodies hog all the pay raise and allowances for themselves. And now the Taskforce wants to even deny civil servants fair and equal chances in political  opportunities. 

Justify why MPs of NC which is apolitical institution do not require similar one year grace period to join Political Party.

Justify why an unsuccessful NC election candidate can switchover to being a political party candidate without similar one year grace period.

Justify why an MP or candidate of one Political Party can join another Political Party without requiring similar one year grace period.

Justify why an ex MP does not require similar one year grace period before taking up any other assignment after leaving politics. Could MPs never prepare for civilian jobs whilst in their  political positions?   

An elected  MP is permitted to resign from NA and NC seat and take up any job. By the same token shouldn't a civil servant have the right to resign from civil service and pursue political quest?

A Bhutanese citizen cannot be deprived of equal opportunity. So do not single out ex-civil servants for extra constitutional restrictions. The  Judiciary , Royal Civil Service Commission, OAG,  or MPs  under different guises such as Committees and Taskforces  must refrain from the unholy temptation of exercising excessive and beyon mandate control of the life of a civil servant or former civil servant. 

Beware! That the Civil Service is the most controlled and disciplined institution among all national institutions including  the constitutional institutions of Drul Yul. Do not kill the only institution that dedicate life long service to the Tsawa Sum. If sanctity is an issue, first examine the behaviour of all other institutions. 
  

The one fundamental flaw of the otherwise a through National Law Review Taskforce.

1. This National Law Review Taskforce is mandated to review laws and practices for the purpose of " harmonisation and consolidation " of all existing laws in  respect to ensuring  the Constitution of the Kingdom as the mother of reference and natural authority. 

2. The Taskforce is not mandated to review the Provisions of the decade old Constitution and offer amendment in provision or interpretation or concept.  Therefore, what the hell is the Taskforce attempting in calling for legalising the unconstitutional initiative of the Election Commission of Bhutan that called upon Political Parties to declare candidates to qualify for the Primary Election? This is acting over and beyond given mandate and thus a huge fundamental flaw.

Against such a backdrop of political  development, I feel it is time that the nation closely re-examine the purpose of Primary Election. Let me start the debate with following points:

1.   The Constitution of the Kingdom of Bhutan calls for competition among Political Parties in the Primary Election so that all such Parties are given a fair and equal opportunity to win the trust of the public to be either of the Ruling or the Opposition Party in the  two Political Party National Assembly system.

2. The Primary round was necessiated only because His Majesty the King desired to limit real politics of democracy to only two Political Parties. But at the same time, democracy in other nations especially in neighbouring India which unfortunately continues to play the central role in Bhutan, does not limit the essence of democratic choice to only two Political Parties. Therefore, the multiparty Primary Round Election was adopted to somewhat make the Bhutanese system (a) more palatable in the eyes of the world and (b) to assauge the possible demand for a true multiparty democratic system by the Bhutanese populace.

3.  The purpose of the primary election system in my opinion are as given in above points (1) and ( 2).  The Constitution, therefore, does not require political parties to declare their candidates before the primary election. Primary round is really about the Political Parties' memberships, organizational structures, Office Bearers  and party manifestos. It is definitely not about  constituency candidates of Political Parties. It is about the grassroot support for Political Parties as a political entity. 

4. The primary round is not about choice of Political Party candidates by the constituencies. It is the choice of Political Parties by the contituencies. The Political Party logos are on the EVMs not the photos of the candidates.

5. It is ofcourse effective strategic politics for Political Parties to tell voters who their likely candidates would be if they are chosen as one of the two Parties eligible to compete in the General Election. Makes   
tremendous sense to ride on popularity of individuals in the constituencies to win votes. However, it is totally wrong for ECB to call on Parties to declare candidates before primary election.  ECB has in effect  subverted the very objective of two Political Party system by recognising the Party contituency candidates for the primary election.

6. The prevailing extra-constitutional demand by ECB that Political Parties declare the 47 constituency candidates to qualify for primary round and its endorsement by the National Law Review Taskforce actually brings about the  elimination of  primary round. And this indirect call for elimination of primary round is further re-enforced by the suggestion that contituency candidates once declared for primary round cannot be substituted in the general round. 

7. Is the Triple Gem signalling  Palden Dukpa to introduce multiparty system of 4 or 5 Political Parties and just have one national election round for the National Assembly. Why conduct two rounds of election with identical conditions as demanded by ECB and added upon by National Law Review Taskforce ? Total waste of national resources in time, money and labour and absolutely confusing duplication. Its like mandating two separate marriage ceremonies, one for bride and another for the groom at different intervals after which one of them or both are declared unfit to marry and replacements contrived.  

Summary:

Food for thought, debate and consideration at national level to either act in conformity with the intent of the Constitution to conduct Primary round as purely for selection of two Political Parties for General Round from amongst the many registered and competing Parties.   Or just hold one multiparty election for National Assembly whereby the Party or coaliation with larger nimber of elected constituency candidaties govern and the others sit in Opposition.

A landmark Judgement on Druk Gaki Tsokpa vs Election Commission of Bhutan.

The High Court invalidated almost all the reasons that ECB gave to deny registration of Druk Gaki Tsokpa as a Political Party.  I have been appalled by ECB's tendencies to use extra constitutional powers to uproot democratic fundamentals of the infant Bhutanese Democracy. If left to the discretion and unchecked authority of ECB, in future we could end up with only one Political Party and rest would be decorative democratic Thangkas painted by ECB. This time the Judiciary came down strong and firm upon Election Commission of Bhutan.
And it is the first sign that the Judiciary of Bhutan is a trusted Guardian of the Constitution. Palden Drukpa Gyal Lo ! High Court Gyel Lo!

1. An aspiring Political Party is not required to submit list of candidates for constituencies whilst submitting application for registration as a political party. Therefore ECB is wrong to demand
such submission.

2. A graduate Bhutanese of 25 years and above and 65 years and below has the constitutional right to be a constituency candidate. And ECB has no authority to demand otherwise or reject using  presumed assumptions.

In other words ECB mandate is to conduct election and leave it to the voters of the nation to decide on the abilities and capabilities of a Candidate and a Political Party. To me  It looks like that ECB Commissoners lack  the vision to differentiate between the system adopted after 1998 when His Majesty nominated ministrial candidates for National Assembly to choose from and the constitutionally guaranteed nomination from amongst graduates between 25 and 65 years citizens  by respective Political Parties under Democracy system introduced in 2008. Thus ECB's insistance to approve quality of candidates. The responsible authority needs to exercise impartial deligency in appointing Commissioners of Constitutional Bodies to eliminate such void in comprehension.  

3. Election Commision cannot impose  ideological fundamentals and cannot impose varying criterias for different Political Parties. It was established by the High Court that ECB had unfairly made demands and set conditions upon Druk Gaki Tsokpa that were never applied to the 4 existing Political Parties at the time of their registration. There was no difference in manifesto of Druk Gaki Tsokpa and other registered Political Parties according to High Court Judgement.   It seems to me that ECB does not believe in equal standard. How could ECB then conduct fair election with such uneven perception and practice ?

The High Court could not direct ECB to register Druk Gaki Tsogpa because the President Chheku Dukpa failed to submit Registration Form 2 and the aspiring Political Party also did not fulfill the constitutional pre- requisite of having multicultural and ethnic members from all 20 Dzongkhags. What I perceived from  the recent behaviour and statement of Chheku Dukpa was that he is in no position to complete that mandatory pre- requisite. Too bad. Otherwise registration of his Party is assurred now with this Landmark Judgement by the High Court. Future Political Parties are now protected against whims and fancies plus inadequacies in required knowledge and impartial ways of ECB Commissioners.    My own belief and reverence in the soundness of  the Judiciary of Bhutan is even more enhanced.

4. It is alright to have only one member from each Dzongkgag. Election Law and Constitution do not specify minimum party members from each Dzongkhag. But members  must comprise of cross national  multicultural and ethnic groups. And produce proof of membership by record of membership fee payment.      High Court judgement as recorded in Kuensel news ( my reference ) has not defined " multicultural and ethnic." But my understanding is that among those members, there must be men and women of voting age, Drukpa and Lhotsampa race ( two officially recognised dominant race ) and both Buddhism and Hinduism believers ( again two officially recognised religion).  In short a Political Party must be a representative political  body  of the whole nation. Not that of a race, region, religion or culture.  Please note my explanation are only for benefit of future Political Party aspirants.  It is also my suggestion that a serious aspiring Political Party have several members from each 20 Dzongkhags.

May Judiciary of Bhutan keep strengthening the rule of Laws and protect the Laws of the Land from mis- use and mis-interpretation by authoritarian and powerful forces including constitutional bodies.

     

Justice or harrassment of the vengeance kind

The District court rules that a person is not a repeat offender. And a High Court Bench upholds the lower court ruling. Now the OAG lawyer want to appeal to Full Bench High Court ( news courtesty Kuensel ). And probably to Supreme Court if again upheld.

A lady was caugtht by tobacco inspectors with permissible number of cigarette sticks but without proper tax payment receipt and was fined by the  inspectors. Three month later, she was again caught with less quantity but chsrged in the court. Both times, she claimed it was for personal consumption and the quantity was within the legally defined personal consumption quantity. 

The Dzongkhag Court sentenced the lady to 3 months prison term for failing to produce tax receipt for tobacco purchase and in lieu of prison term, she was ordered to pay cash fine.

The prosecuting lawyer wants her to serve the prison term as a repeat offender. By law, a repeat offender is someone convicted earlier by a court of  law. And  not by an administrative Agency like Tobacco Authority or an ad hoc court like the roving team of tobacco inspectors in the field. . 

According to the percept of the Prosecuting  lawyer from OAG, the second time you commit a traffic offence or breach any regulations , the offender has to serve prison term because it is a repeat offence.  

Terrible intent pursued on the pretext of serving justice? Seems a waste of time, knowledge,  money and display of arrogrance towards the justice system. Maybe there is a professional enmity between the lawyer from OAG and the Judge in the District court or  personal differences between the offender and the prosecutor.   I would heave a sigh of relief if an OAG lawyer does not appear to be vindictive.   

Congratulations to the Kingdom of Thailand. for successfully rescuing your 12 young footballers and the coach.

Very Brave and Courageous ! ! ! Hurrah !  The 12 boys and the coach back into the living world.

1. Surviving 9 days in complete  isolation in deep dark cave totally cut off from the world. And so young and innocent they were. And continuing facing the ordeal several more days until rescue could be effected. Heroes !

2. Great endeavour of 3 British cave divers for locating the team after so many gave up hope.

3. Thank you for great sacrifice made by Royal Thai former Navy Seal. Your death must have strenghtened the resolve of the rescue teams.

4. Heard that Thailand had crucial help extended by American and Australian Navy men, British and other divers. Still the onus is upon Thailand and her people.

5. It was all  Thai Navy Seals of 4 diver team including a doctor which camped in the cave with the boys for all the days since discovering the boys and provided all care and nursing confidence. That is supreme endeavour. Hope they all come out well. Thai Navy! You did it !

6. The Thai Royal King and the government and people so united and so courageously determined.   And very able and  efficient in the face of such national crisis.

7. Respects and warmth to all the families of the boys, the coach and the brave navy seal who made supreme  sacrifice. You all  are Love and Hope and Courage of epic proportion !!!

8. Congratulations to the Coach for holding your young team together. You are also so young to uphold such responsibility and you passed with flying colours.

Nine days underground deep inside mountain in dark isolation without food and with no assurance that of contact again with the world outside that they had taken for granted till this ordeal happened. Not possible to imagine .

God is Great when Faith does not fade. 

Sovereign rights is doing the best for now and sovereign future of Bhutan.

Cancelling the Southern Highway of Bhutan was never about security interest of Bhutan. Not just PDP formed Cabinet, the whole  Kingdom buckled under pressures from New Delhi. India suffers from fear mirage and  China hallucination. India thinks China will speed down from Doklam to the shelved Amocu hydro- project valley along the shelved Southern Highway from Samtse to Daifam and in the process swallow whole of North Eastern India from Sikkim to Arunachal Pradesh. India actually  must respect Bhutan as a sovereign nation with all the intent to remain sovereign. Not under Indian or Chinese hegemony. India has no basis for such fear of China if Bhutan remains truly sovereign.

Some 1962 era babies in New Delhi have yet to wake up from the womb trauma of 1962 consequences of Indian  provocations against China. And Bhutanese democratic leaderships are being overly concerned with preserving local national power and wealth. An attitude that demonstrated a kind of better surrender sovereign rights and live in personal comfort of local power and national coffers than risk being steam rolled like what happened to DPT in 2013.

Amusing to read the statement in the Parliament by the government that people did not protest cancellation of Southern Highway. I agree that there was no public marches and flag dragging protests. Thank Pelden Drukpa and may similar protests of Southern Bhutanese rebellion never again happen. But many did protest loud and clear against the cancellation of Southern Highway. Not violently but in clear writings and reasoned voices.  And I think no government should ever seek protests on the streets. Bhutan does not need nor can the nation afford such civil unrest. When public pleads and appeals that should be the wake up call for any well meaning authority to act positively.

I wish PDP Cabinet had shown the courage to apologise its inability the last time and now state in no uncertain term its determination to build a Southern Highway along the Indo- Bhutan border if it returns to govern the next 5 years. Such a highway is indispensable  for Bhutan and good even for India in the long run. I do not feel that a new Party Cabinet  can ever stand up to the evil forces against national sovereign decisions. Maybe not even the restructured DPT.

Nothing personal against the leaderships or candidates of the Political Parties. Just that I believe weakness of PDP Cabinet was mainly due to its inexperience and thus lack of confidence when confronted with high stakes in its initial years of governance.  And new Parties unfortunately suffer the same inadequacies and handicaps. But that does not mean experienced leaders should always govern at the helm. Maybe changes will bring about the necessary evolution in the Bhutanese democracy experience. Whether fate of Southern Highway or Trilateral India- Bhutan- China relationship fares any better under a different Political Party government is most uncertain as of now.

Maybe as election campaign heats up, the Four Political Parties will publicly define their interpretation of sovereignty for Bhutan in both internal and external parameters.   If so then may the most sincere to Pelden Drukpa ways come to power to lead the nation from the smog of outside political pollution and internal political  confusion.