The writers, their styles and their professions: A review on journal published by NC

The clock struck almost half past four in the evening. I could hear the steps of my colleagues moving out of their office. I finished my work for this day and decided to go home to too, when I saw a book on my table. The book had a picture of parliamentarians, national council members to be precise. I looked at well and read February 2010, NC Reflections. I took the book and went home.
After having my dinner, I went through the book. There are
seven articles written by seven members of the National Council. The topics ranged from “The House of Review” to “Legislation” to “Drugs and Youth” to “Before mountains echo different songs”.
One of the prominent differences I have found was the way each one of them has written. I know that although today they all hold the same post, their past experiences and professions were all different.
Dr Jagar Dorji has written on the “The house of review: beyond the nuts and bolts” in which he talks about the promises made by the members and their fulfillment. This piece of writing looks more academic as he was an academician.
The next article was on “Legislation: Formulation, Application and Interpretation” by Kuenley Tshering. As he comes from a legal background and was also a senior judge at the High Court prior to his appointment to this post. He articles talks on the principles of legislation and how laws are formulated, interpreted and applied in the court of law. In this article one would note how he has used the precise legal terms to explain about legislation. Some prominent terms he used are “The Golden Rule”, “The Mischief Rule, statute, Jus dicere, et non jus dare, House of Justice”. It is also distinguished by long sentences and a lot of footnote which is absent in other articles.
An article titled “Before mountains echo different songs” was written by Ugyen Tshering. The article starts with a description of a valley slowly bringing the story of remote village where the author has visited. This article is very much journalistic way of writing. This has depicted that this author has come from a media background and I found it true, as I know he worked in a broadcast for a long time before joining politics.
Another National Council Member, Rinzin Rinzin wrote a first person narrative story on His Majesty launching land Kidu program and where he himself accompanied the royal entourage. His article was “Halo of rainbows and lights in the shadow of my king”. In this article, Rinzin being a writer who has written mostly the non creative fiction has brought his ability to bring the story in a first person form as per the rule in writing a non-fiction creative writing.
Sonam Kinga being a renowned and active researcher has written his article with a lot of research on zhabto Lemi. His article was titled “Zhabto Lemi Chhathrim:The need for completing the Law-making process”. He has put his researched results in the form of table as any researcher would do to prove his research and make recommendations. Further the article is very similar to the articles published by Centre for Bhutan Studies in terms of its structure and lay out.
On the other hand, the two young members Sonam Yangchen who wrote on “Drugs and Youth:Still looking for an answer” and Sangay Khandu on “Law-making in Bhutan” were having similar way of writing as well as the layout. There is more of modern style of writing which mainly included their observations and comments on the issue.
We can see the following few excerpts from their articles and compare.
“In the Bhutanese Parliament the creation of the apolitical National Council gives the bicameral system a strength that most parliaments do not have. The views expressed in this paper are very well summarized in the following words:” Dr. Jagar Dorji, former Director of Sherubtse College.
“The role of the judge is to declare what law already exists. The standard legal maxim is, Jus dicere, et non jus dare, that is, the province of a judge is to declare the law, not to make it.” Dasho Kuenley Tsshering, a Judge at the High Court of Bhutan.
“From all four corners, mountains loom large against the clear blue sky. Inside this bowl of rugged beauty lies the small village of Gonyul in the tiny mountain kingdom of Bhutan.” Ugyen Tshering, former General Manager of BBSC
When I was honoured with the news that our Druk Gyelpo was on his way to Lhuentse to launch the Land kidu program, honestly, I was full of mixed feelings-excitement and anxiety alike”. Rinzin Rinzin, an author and agriculturist.
“Text of the re-structured Bill sent by the National Council to the National Assembly. This text is based on the 1996 Chathrim. The provisions deleted (by a line) are based on the National Assembly’s proposal and resolutions of the 87th session of the former National Assembly”. Sonam Kinga, a former researcher(CBS) and Chief Editor (BO).
“The Constitution of Bhutan states amongst other things, how the legislature should conduct its legislative process”. Sangay Khandu, former employee of UNDP.
“Drug use has been on a constant rise in the country. There are varying set of factors contributing to the ever rising drug abuse problem”. Sonam Yangchen, RCSC selected candidate for Post Graduate Diploma in Public Administration.
These few examples depict that how each individual can differ in writing as we grow in different set of environment and profession. Thus, it is at all not advisable to comment on some one’s writing.

The writers, their styles and their professions: A review on journal published by NC

The clock struck almost half past four in the evening. I could hear the steps of my colleagues moving out of their office. I finished my work for this day and decided to go home to too, when I saw a book on my table. The book had a picture of parliamentarians, national council members to be precise. I looked at well and read February 2010, NC Reflections. I took the book and went home.
After having my dinner, I went through the book. There are

The Day begins

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It is cold and chilly morning with frost here in the capital, Thimphu. I woke up, stretched myself for a moment. I brushed my teeth and washed my face. A small amount of gel was applied to my already grown grey hair. I put on my clothes and had a plate of Yechhum Marp (red rice) brought from my house with a shakam ezay. I packed my hanging bag with a diary, pen and Kabney.
I looked at my watch, it was almost 8:am. I left for the office.

As I walked down the town, I met number of students moving upwards Rinchen Higher Secondary School. Some holding books as if they are going to have exam now. Some holding each other’s arms as if they are couple walking on the ramp. Some shouting at each other and playing as if they are still primary school children.

The clock struck exactly 8:45am when I reached my new destination, my new place, my new life to begin. I was welcomed by a soft spoken and gentle lady. She was known to me, she was my school mate about eight years ago. I said, “good-morning Tshering, my old friend”. She smiled and replied “Hi, nice to see you working with us”. We went inside and waited for while.

After few minutes passed, a man arrived. Everyone got up and wished him good morning. I knew he is the boss here. He looked at me and said “Wai, you are Sonam mo? We have been waiting for your arrival. Please come to my office.” I went to his office. He looked old and seasoned servant of the government. As I entered his office, he gave me a seat to sit. He called another man, Ugyen. Ugyen looked like a heavy weight champion, approximately 80kgs. Boss instructed him to set up my office.

Ugyen took me to a room. He was very polite and nice person to deal with. He said “Sir, nice to meet you. We welcome you here and hope to work with you now onwards”. He then told some of his sub-ordinates to arrange my office. Within minutes, my office was arranged. I was located near my division head. My division head looked very senior officer and nice person too. Later on I found out that he was holding a position of a joint director.

I walked into my office. The office seemed bit small and compact. I was provided everything needed at the moment. I was given a computer connected with internet, a panel heater and other necessary items in the office. All these impressions gave me new life to start my journey positively.

Now, everything set up for me. The only thing that is left is to write down in journey as the  days passes by in this office. I am sure, I will be able to write good things and hope and pray that god is always there for me to write good things and erase bad things as I move into my future as a legal officer.

The Day begins

-->

It is cold and chilly morning with frost here in the capital, Thimphu. I woke up, stretched myself for a moment. I brushed my teeth and washed my face. A small amount of gel was applied to my already grown grey hair. I put on my clothes and had a plate of Yechhum Marp (red rice) brought from my house with a shakam ezay. I packed my hanging bag with a diary, pen and Kabney.

Bhutanese Youth for Climate Action (BYCA) will organizing the first ever Winter Campaign on CLimate Change

Bhutanese Youth for Climate Action (BYCA) will organizing the first ever winter camp on the CLimate ChangeThe Bhutanese Youth for Climate Action (BYCA) will be organizing a week long winter camp in Thimphu.The camp is being held to create awareness among the youth in Bhutan on the issue of climate change.

Climate change is one of the most
critical global challenges of our times. Recent events have emphatically demonstrated our growing vulnerability to climate change.
As the youth of Bhutan, we will have to live for an extended period of time in the ever deteriorating world passed on to us by our elders.
In this context, it becomes necessary that the youth of Bhutan know about climate change and the ways to curb the impact of climate change.
Like youth all over the world, Bhutanese youth play a crucial role in combating climate change. However, the most essential thing that can be done for now is to create awareness among the youth.
During the camp, various resource people from respective agencies of the government and Non-governmental Organizations will be meeting about 50 youth participants.
The resource people will be talking on various emerging issues and policies regarding climate change.
In order to give a better understanding of awareness on what can be done to combat the issue of climate change, the participants will take part in activities like a cleaning campaign, sports, walk following the minister of agriculture, Lyonpo Pema Gyamtsho’s initiative (HEHE Walk), charity show and sign a “Agents of Change” pledge.
During the camp, a three member international delegation from similar youth networks in India, Nepal and Sri Lanka will be present to share and learn from each other.
At the end of the camp, a Bhutanese youth declaration to be submitted at the SAARC summit in April, 2010 will be written. The declaration will be a collective result of the one week winter camp on climate change awareness for the youth.
The Bhutanese Youth for Climate Action (BYCA) is a coalition of young people who are concerned about climate change.
We are a network of young individuals who have come together to interact with each other to define the role of Bhutanese youth in tackling climate change issues.
As a coalition of member and supporter groups we will eventually form a national network of young people who are passionate about environment and development.
For details of the schedule. click here :http://sonamtshering-sonam.blogspot.com/2010/02/bhutanese-youth-for-climate-action-byca.html

Bhutanese Youth for Climate Action (BYCA) will organizing the first ever Winter Campaign on CLimate Change

Bhutanese Youth for Climate Action (BYCA) will organizing the first ever winter camp on the CLimate ChangeThe Bhutanese Youth for Climate Action (BYCA) will be organizing a week long winter camp in Thimphu.The camp is being held to create awareness among the youth in Bhutan on the issue of climate change.

Climate change is one of the most

Legal Advocacy Campaign by Paro District Court concluded yesterday after educating over 4000 people from ten geogs in the dzongkhag

Over four thousand people in Paro Dzongkhag comprising men and women, young and old were briefed on Bhutan Penal Code, Civil and Criminal Procedure
Code and Marriage Act besides sources, significance, interpretation of laws and due process of law and the constitution of Bhutan. The two week legal campaign in the Dzongkhag began on 20th January 2010 and concluded on 2nd February 2010. The campaign began with Marchang Ceremony in Shaba Geog and concluded with offering Khadhar and Nyendhar in Drugyel Lhakhang in Tsento Geog. This campaign was organized upon the request of the 90th Session of Paro Dzongkhag Tshogdu last year.


The Legal Adocacy Campaign led by Dasho Lungten Drubjur, a senior judge and accompanied by Dasho Passang Wangmo, a judge with Bench II, Dasho Drangrab and court officials. Opening the campaign in Shaba Geog, Dasho Lungten Drubgyur said that this is the first of its kind in the country. Dasho also said that Paro is the first Dzongkhag to request for such program and hope that other Dzongkhags will follow them. Dasho Lungten Drubjur said that a legal terms being very technical is difficult to bring into laymen term. He however, his experience of being a judge for the last sixteen years gave him enough skills to make those laymen to understand the legal terms by using relevant numerous examples.

Dasho Passang Wangmo, though soft spoken, through her oratory skills combined with poetry words could make everyone understand on what she wanted them to know. Many women who came to attend the campaign admired her for skills in passing the messages to them

 

During the two week campaign, the campaign team led by Dasho Lungten Drubjur, a senior judge and Dasho Passang Wangmo spent over four hours in each goeg to explain the national laws to the people. Dasho Lungten Drubjur said that a Legal term being very technical is difficult to bring into laymen term. He however, did it by explaining with relevant and numerous examples from his past experience after serving the judiciary as judge for the last sixteen years.

Dasho informed that public that therefore, it is also important for each judge to have complete independence while handling a case to ensure free and fair judgment.

During the four hour campaign in each geog, the public and the local leaders were briefed on nine main issues excluding the judiciary annual report 2009. They were

1. the significance of laws

2. , the sources of law

3. the due process of law

4. government

5. The Constitution of Kingdom of Bhutan

6. Civil and Criminal Procedure Code of Bhutan 2001,

7. Penal code of Bhutan 2004

8. Marriage act 1980 (Revised during the 76th Session of National Assembly)and

9. Importance of driglam Namzha

Dasho Lungten Drubjur said that like any other laws in the world, the principles of Bhutanese laws are also derived from Buddhism. Dasho Lungten Drubgyur emphasized that each and every Bhutanese legal term has a lot of hidden meaning and principle which were taken from Buddhist texts. He added that on top of that most of the Bhutanese laws are enacted under the guidance of their majesties the kings and thus has a lot of benefit to the public in general.

Judge Lungten told the gathering that Bhutanese system of trail is even appreciated across the globe and by the westerners. He said that this is because, the Bhutanese system of trial (Open trial) and concept of legal counsel or the jabmi were there since the 14th Century whereas same idea came to USA only in the 17th Century.

Introducing the Penal Code of Bhutan, Dasho Lungten told that there are mainly two ways of sentencing the offenders or culprits. The first one is the felony. Felony can be further divided into four degrees as first degree, second, third and fourth degree felony. Hen then explained each degree with an example. The second way of sentencing are again divided into three as misdemeanor, petty misdemeanor and violation.

Dasho Lungten then explained about how one can be sentenced depending on his or her crime.

 Dasho Lungten covered over 40 important offences and their sentences. This include: Battery, child abuse, defamation, malpractice, sale of antiques and religious relics, perjury, eve teasing, possession of stolen properties, illegal possession of firearms and ammunitions, smuggling of substance abuse, environmental pollution, water source contamination, prostitution, sexual offences, forgery, display of weapon, contempt of court and unauthorized use of public services. Besides these the public were also briefed on how to write a petition, an agreement, and process of appealing to the higher court.

One of the most common concerns raised by the public was the difference of judgments from Dzongkhag Court and Higher Court and why the Drangpons at fault are not punished.


To this, Dasho Lungten Drubgyur explained to the public that appealing is legal right of every person and if one dissatisfied with the decision of the lower court. This is guaranteed by the Civil and Criminal Procedure Code of Bhutan. Dasho Lungten said that Bhutanese Judiciary follows the principle of due process of law and follow the vertical check and balance within the judiciary system. He said that after becoming a legal officer for some years, they are appointed as the Drangpons in the Drungkhag Court (Sub-Division Court) who then serves for a couple of years and then become Dzongkhag Drangpon. And after serving as Dzongkhag Drangpon for another couple of years he or she may be appointed as the judge in the high court (Appellate Court). He said that in the high court there will be atleast two judges. This means, the judges are always more experienced, matured, qualified and skilled in handling the case then their sub-courts. Therefore, even if the lower court judge makes a mistake after he or she passes the judgment provided the case is dealt by following all the procedures.

Dasho Lungten further clarified to the public that, incase, the judge at any court passes the judgment through undue means and bribery, a strong action will be taken against them. And Constitution has given the power to National Assembly to even to impeach the judges through a simple majority vote if found to dishonest or not performing with integrity and ethics.

Dasho Passang Wangmo, a judge of bench II, briefed the gathering on the Marriage Act. Dasho Passang Wangmo told the importance of marriage certificate, how to process a marriage certificate, the important documents required to process a marriage certificate.

Dasho Passang Wangmo also briefed the public on types of compensations one can claim in an event of matrimonial case, child upbringing compensation as well as in case of an illegitimate child.

The public were also briefed on how court divides the properties and loan in case of divorce. Dasho said that this is one of the most difficult tasks especially in case of family with many children and who has been married for a long time.

In the conclusion, Dasho Passang Wangmo reminded the people to rethink before getting divorce especially if they have children. Dasho cited that most of the juvenile cases involving theft, burglary, substance abuse come from broken family where their parents are divorced.

The public’s views on campaign (People perspective on the Legal Advocacy Campaign) were really encouraging. Almost all the people I talked to said that the campaign was really helpful to them and they suggested it to be an annual event because laws keep on updating every year. In short the campaign was well received in all the ten geogs and was a huge success.

This Legal Advocacy Campaign is the result of resolution of 90th Dzongkhag Tshogdue of Paro last year. It is also the first time in Bhutan where a public requested for such campaign.

Legal Advocacy Campaign by Paro District Court concluded yesterday after educating over 4000 people from ten geogs in the dzongkhag

Over four thousand people in Paro Dzongkhag comprising men and women, young and old were briefed on Bhutan Penal Code, Civil and Criminal Procedure

Bringing the laws to the doorsteps of the common citizens: People's perspective on legal Campaign

Ap Chencho 66 has never been to a court and did not have any knowledge until the visit of the campaign team in his geog. He was fascinated by the knowing the sources of laws, the fundamental rights of the persons while having a case in the court. He said “In the olden days, we used to fear court but not these days as said by our honorable Dasho”.

60 year old Dorji Wangchuk is a village representative. He said “The campaign
is timely with the institution of democracy. We know that Their Majesties the kings brought a huge reform in the judiciary by passing many acts and bylaws to keep Bhutan stable and peace at all times. Chief justice and drangpons are representatives of His Majesty. Thus, it is like His Majesty coming to the remote places and discussing the laws with the people”. Ap Dorji Wangchuk said that he was more inspired by the talk on the constitution and its principles.

Understanding the laws on fighting was found to be most useful to a 58 year old man Dorji from Woochu. He said that fighting is one of the most common crime in any community and it will help to remind people of the consequences. When asked whether such activities from the court will strengthen judiciary, Ap Dorji said it will definitely strengthen the judiciary. He said that this is because; such activities will bring the law more closely to the people. He said that laws are almost unknown to the common citizens in the olden days. He said that it will build more confidence in the people ultimately contributing towards strengthening the judiciary.

Similarly, a class twelve student of Tenzing Higher School, Lam Rinzin said the campaign was very useful particularly to the common people who are ignorant of laws. He however, raised skepticism that even with such campaign and stringent laws, judiciary will suffer from some sort of corruption in the form of favoritism and nepotism like any other government organization. He doubted that such form of corruption will never be rooted from our society.

Chhoepoen Namgay has been negotiating and settling cases in Jangsa under Dop Shari Geog for 35 years. But he has never understood the differences between “Guarantor” and “Witness ” while writing agreements . “So far I always assumed that there isn’t differences between Jabmi and Witness. Now i realized that it was a mistake and I will correct myself as well as tell my other friends who are not here but work like me.“

Lhaba, 67 years old has served as village headman  for many times in his early years in Dop Shari. He still serves as one of the village representatives. For him, he said that knowing about the Civil and Criminal Procedure Code was very important for those who has never fought a case in the court but may have to fight in the future. “I know that only one fourth of the people who came to attend this talk know about such procedure. For the rest one third, it is totally new subject but will benefit them immensely in future.” He suggested that although all the topics covered today were important, it could have been even better with inclusion of few more important clauses on environmental laws. He said that this because with increase in population every year, more people tend to throw waste everywhere due to lack of understanding the laws on such which directly pollutes environment and brings diseases in the communities.

Khandu is another participant who attended the talk. He said that among all the topics, knowing how to write petition  and agreement  was most useful to him despite of him being an illiterate. “I can at least understand that how important an agreement is and how it has to be written.” He said that although is now nearing 60 years old and fought cases in court never understood well about such until today. “Now I understood, so I will spread the message in my family and friends”.


Most of the people  from Dotey Geog who spoke on the campaign said that such activity was very useful. Some said that many commit crimes mainly because the people are ignorant laws. Sangay is now 61 years old told that he has seen such initiatives from the court for the first time in his life. Sangay remembers that in the olden days, the laws were only meant for the people working in the courts. That is why laws were never made public and people never had the opportunity to defend their cases properly. Whatever was done by the court was final and binding.

Tandin is a farmer who is now 74 years old. For him, knowing about the rights of the individuals while fighting cases by the Civil and Criminal Procedure Code was very important steps taken to strengthen the judiciary. He said that such will boost the morality of the court in delivering fair justice to the people.



Lamgong geog

For lamgops, they found the campaign useful and educating. A group of women said that they were especially impressed to know about the སྲོག་སྨན་ཟས. According to them, till now they understood that it is applicable if the husband does not come and take care of them during the delivery time.



Tsento geog

A famer has come all the way from Gunyi Tsawa (རྒུ་ཉིད་རྩ་བ་) walking about four hours to listen to the talk said that he is satisfied for the sacrifices he has made by coming here to attend the talk. He told that such campaign has definitely helped the common people like him. He added that with change of time, it is very important for everyone understand the does and donts.

An old lady from Tsento Shari said that she is attending such campaign for the first time. She said “I did not know about the campaign today. I thought that it is going to a normal public gathering (འཛོམས་འདུ). This campaign is really useful and wish that more of my family members could have come“.

Another lady said that this is really useful to us who has never been to court and look forward to such campaign in future.

Opinions

Sonam Tshering

The campaign was observed to be a huge success as it was very well received by the public from all the geogs. The success was also indicated by the people‘s perspectives.

Everyone we talked to said that it was really useful and particularly to the common people who does not have any exposure on laws. It was also found to be helpful to the people in the villages who are daily involved in the settling cases in their respective villages or communities.

Considering the impacts it has made to the public, it is a stepping stone towards strengthening the judiciary. This is as said by many people who attend the campaign that by educating the general public judiciary has built more confidence in the minds of the public. When judiciary is able to gain more public confidence, more people who come to seek justice are ensured justice and are satisfied. This ultimately help the judiciary to work even harder to maintian the public confidence at all times so that judiciary grows even better .

This kind of initiative on the part of the public will have a lot of positive impact on the general public. It is because, when people know what is right and wrong and how one can be punished incase of breaking the norms of the society.This means, that the crimes commited due to ignorant of laws such as battery, assual, harrasment, theft, smuggling of religious relics, eve teasing etc. Will reduce in the fture.

It will also help most of the matrimonial cases since they have understood that there is no extra compensations by filing the case in the court. Instead, they will resort to settle the case interanally.

In short, such kinds of legal advocacy campaigns are very much useful and required in the society where majority of the people in the rural areas are ignorant of laws.

This Legal Advocacy Campaign is the result of resolution of 90th Dzongkhag Tshogdue of Paro last year. It is also the first time in Bhutan where a public requested for such campaign

Bringing the laws to the doorsteps of the common citizens: People's perspective on legal Campaign

Ap Chencho 66 has never been to a court and did not have any knowledge until the visit of the campaign team in his geog. He was fascinated by the knowing the sources of laws, the fundamental rights of the persons while having a case in the court. He said “In the olden days, we used to fear court but not these days as said by our honorable Dasho”.

60 year old Dorji Wangchuk is a village representative. He said “The campaign

Writing an agreement

Paro District Court conducted a Legal Advocacy Campaign and public were briefed
on how to write an agreement?


Dasho Lungten told the gathering that any agreement is legal and valid if it is written as follows:

1. The agreement is made in presence of all the parties.

2. All the parties are in consensus with each other

3. There is no overwrite or the agreement is without any overwrite

4. The agreement is written in presence of atleast two witnesses who are not related to any party

5. All the parties and witnesses have signed on their will

6. The agreement has a legal stamp on it

7. The witnesses are not below 18 years

Dasho said that no agreement can be repealed unless it is made without consensus or other means.

Dasho told the gathering that an agreement can be repealed within ten days, if it is made through deception or other means of malpractices.

Writing an agreement

Paro District Court conducted a Legal Advocacy Campaign and public were briefed