The Mediation

As a small child, I have witnessed problems between my parents. I have seen the same between neighbors. As I grew older, I have witnessed such problems beyond the neighbor or in own family. The problems are everywhere. All I have seen them
going to a court or to local leader to solve the problem. I always thought that mediation is process where someone who knows the law should settle the cases even after completing my post-graduate in law. But I was wrong.

After almost three decades of my birth, I had the opportunity to learn how to solve these problems. I was not introduced not in the Bhutanese context instead to how a developed country like Australia does. Through the training period moved on, as usual I have argued with the professor when I see that some of the techniques or context which perfectly work in their country which may not work in Bhutan. I along with my many of colleagues from various agencies attended a three day training of the trainers.

The training was given by a renowned Professor Ms. Melind Shirley from Queensland University of Technology. I found the course quite comprehensive. Unlike, most of the trainings we have in Bhutan where most of the time is spent on theory, there were more practical sessions which  allowed us to learn the reality of mediation. Such session allowed me to learn on the use of mediation and how suitable such methods or techniques in our country.

With the completion of the ToT, I had the opportunity to practice my acquired knowledge over few days with another group of six participants. I felt more happy as I was asked to teach a group who were expert in these kind of field. Most of them were all young and professional lawyers. Instead of my teaching, I had the opportunity to learn from them. That was the greatest advantage I had which prepared me to be more professional in the furture.

Few of the observation I have seen and heard from my trainees were:

1.       The mediation process in Australia is quite different from Bhutanese day.

2.       Mediation in Australia more systematic and professional where the mediator is supposed to be a neutral unlike in Bhutan where mediator also decides for the parties.

3.       Although, I was trained that in Australia, the mediation is completely a informal, I have observed that to some extent, it also has courtroom style. This is because there are two basic rules which states that only party can talk while party should listen to them. There are also private sessions like in the court. Therefore, I was still not convinced that mediation is complete informal session.

In nutshell, Bhutanese mediation process may need some more systematization including framing of the code of ethics for the mediators and accreditation of by a competent authority.

  

The Mediation

As a small child, I have witnessed problems between my parents. I have seen the same between neighbors. As I grew older, I have witnessed such problems beyond the neighbor or in own family. The problems are everywhere. All I have seen them

Thier opinion through my journey

As I traveled for almost two weeks meeting with the newly elected local government leaders of Thimphu, Paro, Haa, Wangdue, Punakha, Gasa, Tsirang, Dagana,
Samtse and Chhukha to orient them on the Narcotic Drugs, Psychotropic Substance and Substance Abuse Act 2005 and Tobacco Control Act of Bhutan 2011 and related issues, I have been greeted well by these leaders and Geog Administrative Officers (GAOs).

Over the weeks, I have given with lots of insights and impacts of these laws. On the drugs, merely any queries were there. But on the tobacco control act, there were numerous questions and queries. Some of the questions the local leaders and the GAOs raised were:

1. 1.      Did any of the parliamentarians consult the general public on these issues since the draft bill remained there for almost two years?
2. 2.      There are talks on the amendment of the Tobacco Control Act. Did any of the MPs ask the implementing agencies on this?
3. 3.      Few raised that should the parliament amend the Act just because few elite and urban dwellers raised some issues on the forums? What about the majority of the people living in the rural areas? Aren’t their opinions are important?
4. 4.      Some MPs are seen smoking, Are they checked whether they possess any receipt or not? If checked, who checks them?
5. 5.      In the olden times, after the parliament session is concluded, the representatives come and brief the resolutions of the outcome, but not these days. Why is it?

These were some of the major opinions raised by the local leaders and GAOs as the democracy matures along.

Thier opinion through my journey

As I traveled for almost two weeks meeting with the newly elected local government leaders of Thimphu, Paro, Haa, Wangdue, Punakha, Gasa, Tsirang, Dagana,

How Moral are our Bhutanese Media are?

The latest BBC’s IQ2 debate on the theme “MEDIA HAVE NO MORALS” during 2011 Festival of Dangerous Ideas the held in Opera House, Sydney, Australia has sparked few thoughts in me about how moral are our local media in Bhutan. 

Like any other democracy, media in Bhutan is
also considered the fourth arm of the government and is often called the “Watch Dog”. However, in the recent years Bhutanese media have faced numerous challenges. One prominent challenge the media today face is the survival and sustainability. When the multi-billion media company like BBC, Aljazeera or Fox News are questioned by the consumers about their credibility and morality, I wonder how credible or what morality does our media have considering their struggle to sustain themselves., with very few not professionally trained reporters and their infancy.  If it fortunate that , until now, we did not any  reports of media not being morally high,. Till today, they have never been questioned any of the media by the consumers, on their morality. Yet  there are gossips that each media is inclined to their own agenda than they are required by the basic principle of journalism. Despite of lack of enough evidences, many readers talk of their choice because each media brings the same issue much more differently except on few occasions. 

In Bhutan media houses are fully dependent on the government advertisements. They also depend on the government policies and implementations when it comes to making headlines. And they are also regulated by the government. One of the speakers Mrs. Mona Eltahawy during the BBC debate said that media should be regulated by the government irrespective of the government “dictatorship or democracy”. She quoted the example how it hampered the morals of journalists in Egypt.  

The speakers also mentioned how international media companies are swayed by the money and other incentives. They mentioned that even the same company broadcasting or publishing the news in different languages differ in their content on the basis of where they are published or broadcast. They cited Aljazeera English and Aljazeera Arabic. 

In short, if even the multi-billion media companies are swayed by the some factors, I am worried how much our small media houses with limited markets, with no professional journalists could have absolute high morals in future. This article is just a tip of the ice-berg and hope to bring more issue on this theme.

Note: This is not to offend any media international or local, the issue is brought out of curiosity  and apologize if this article hurts the sentiments of any  individual or organization.