1 TRANSLATION OF THE PROCEEDINGS AND ... - APFA News

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The Punakha Chimi submitted that the fees for Jabmis who are hired either for settlement of legal disputes through mutual compromise or through hearing and pleading of cases in courts should be fixed by the High Court. He also requested that proper rules and regulations be framed for observance by Jabmis while performing their responsibilities. For legal disputes in the villages which people seek to settle through mutual agreement without taking it to court, the poor and humble are often confronted with difficulties due to the absence of fixed fees to be paid to the Jabmi. The following are six points submitted for consideration in addressing this issue: What are the standard fees payable to conciliators of legal disputes in the villages? While in the court, some people have to hire Jabmi. Since there are no fixed fees payable to them, a standard amount has to be determined. A standard also has to be set for legal representatives of litigants who are incapable of arguing their own case. What kinds of supports are provided by the court and by the government for poor people who need a Jabmi but are unable to afford one? A system has to be framed delineating cases in which the Gup, Chimi, Mangap and Tshogpa are allowed to engage in conflict resolution. The National Assembly needs to discuss the scope of a Jabmi’s mandate and delineate what is not permissible for them to do. It must also be considered if the one-month training provided to the Jabmis is sufficient to develop their capabilities and meet the aspirations of the litigants. The BCCI Chimi pointed out that the system of litigation by Jabmi has been introduced mainly to benefit those people who are not fully aware of legal 184
aspects and those who are unable to articulate and argue their case themselves out of personal inhibitions. This has been highly appreciated by the people. The representative submitted that he is himself a holder of a certificate of training but feels that as people are not all the same he supports the suggestion by the people of Punakha that the responsibilities of the Jabmi should be clearly delineated and what is permissible or not should be spelt out. The Speaker said that as the Judiciary is independent of the Legislature, there are no representatives of the Judiciary in the National Assembly. Therefore, the Chief Justice has been invited as a special guest to explain and clarify whatever doubts the members may have on this particular issue. In response, the Chief Justice acknowledged the importance of the submission made by the people to the Assembly on the issue of the Jabmis and informed the Assembly that the main basis for the Jabmi is derived from and described in one of the six components of the spiritual law. In addition, Zhabdrung Ngawang Namgyal and Mipham Wangpo’s Dolen Zhiched law, inscribed on slate in front of the Punakha Dzong includes provisions on Jabmis. It also features in the laws promulgated by the second King. Further, the provisions related to Jabmi mentioned earlier have been deliberated and decided upon by the National Assembly in its first eleven sessions and are also further elaborated in da 2.10, ka 8, ka 9 and da 13 of the Thrimzhung Chhenmo. In addition, resolution 11 of the 54 th session in 1981 and resolution 10 of the 55 th session of the National Assembly also specify the role of the Jabmis. Based on all the provisions mentioned earlier, the practice of representation by Jabmi in the proceedings of the courts in the judicial system of the country has been started. Jabmis or legal guides are most crucial for ensuring fairness and justice and in line with His Majesty the King’s command, training for Jabmis was held twice by the Judiciary between 1996 and 1997 in order to impart necessary skills and legal knowledge. 185
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I. Inaugural Ceremony TRANSLATION O
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The National Assembly ratified seve
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allot. A brief curriculum vitae of
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Sonam Wangchuk from Zhemgang won th
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Bodo militants in the country pose
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Goendeys in the country continue to
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1. The military capability of the a
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ate is 4.5%, and the balance of pay
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of the Basochhu Hydropower Project
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3. The Department of Education has
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As Gross National Happiness places
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Since people-centred development li
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Recognizing the deep reverence that
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conference. This is an indication o
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safeguard the sovereignty of the co
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They also expressed their profound
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ooklet on the financial report of Y
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Nu.260 million was spent on purchas
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Nu.381 million increase in the budg
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would be incurred. Although the cur
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udget presentation by the Hon’ble
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The fact that the debt service rati
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the territories of Assam and Bengal
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Since many of the plan projects cou
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issue of the Thimphu-Phuntsholing h
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the Department should ensure that t
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Sarpang Dzongkhag. He extended the
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The Speaker underlined the signific
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Kuensel and the Bhutan Broadcasting
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The Hon’ble Minister for Health a
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A Royal Advisory Councillor and the
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The Speaker noted that the governme
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failed to resolve the problem, ther
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serious resentment and animosity be
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The NDFB militants are fighting the
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affected the security of the countr
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The ULFA delegation said that they
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again to find a solution to the pro
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led by the Home Minister and the UL
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epresent a government since they ar
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Bhutanese people. Last December, wi
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ii. Two rounds of Security Coordina
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undergone militia training and serv
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left but to resort to military acti
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shops. In such situations, the loca
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would be better to act in accordanc
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He informed the members that, under
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and working to this end without eve
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security of the nation is of the ut
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however, be in our interest to endo
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agreement signed with the Royal Gov
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there was no longer any conscriptio
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genuine volunteers should be forwar
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the time to make excuses regarding
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militia force, and after returning
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The people’s representatives of T
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They wondered where all the organiz
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faction which does not have camps i
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pressing on this issue, the problem
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informed the house the Lhengyel Zhu
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apprehended and brought to justice.
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The Foreign Minister informed the h
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this regard, the Royal Government w
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who left after committing terrorist
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and the agreement reached by Bhutan
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2. The hon’ble members are aware
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Page 135 and 136: In his presentation on the issue, t
Page 137 and 138: deliberately trying to delay the pa
Page 139 and 140: obbery and destruction of service i
Page 141 and 142: emain in the country. These people
Page 143 and 144: The people in the camps in Nepal co
Page 145 and 146: during the 14 th round, Bhutan had
Page 147 and 148: abide by the resolutions of the Nat
Page 149 and 150: However, it is most important that
Page 151 and 152: effective treatment or vaccine, and
Page 153 and 154: The Secretary also pointed out that
Page 155 and 156: supervision and guidance. The Assem
Page 157 and 158: local Forest Office. This takes abo
Page 159 and 160: 4. To enhance sustainable use of fo
Page 161 and 162: For conifer species, Nu.40 per tree
Page 163 and 164: per truckload. Further, in order to
Page 165 and 166: A Royal Advisory Councillor said th
Page 167 and 168: workforce were reduced, the Bhutane
Page 169 and 170: issue. Furthermore, the Cabinet has
Page 171 and 172: numbering about 60,000 and coming t
Page 173 and 174: proposing the issue of the expatria
Page 175 and 176: Penden Cement Plants are Bhutanese.
Page 177 and 178: the government offices take the nat
Page 179 and 180: Punakha Chimi those people on whom
Page 181 and 182: the competence of the Bhutanese in
Page 183: are private sector candidates who r
Page 187 and 188: Jabmi. It would be beneficial if th
Page 189 and 190: fees for Jabmis would not be approp
Page 191 and 192: their decisions should be given due
Page 193 and 194: material inducements to innocent vi
Page 195 and 196: Another Chimi from Samtse Dzongkhag
Page 197 and 198: It is the responsibility of the Gup
Page 199 and 200: The Dorji Lopen of the Central Monk
Page 201 and 202: The Minister expressed appreciation
Page 203 and 204: Zhungtshog to direct the Government
Page 205 and 206: The Minister pointed out that Part
Page 207 and 208: Among many other provisions, the ac
Page 209 and 210: flourishes. A strong and clear Chat
Page 211 and 212: The Minister informed the Assembly
Page 213 and 214: In Article 12 of Chapter 4 on page
Page 215 and 216: Therefore, it is being submitted to
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Page 219 and 220: and in the interest of the poor, it
Page 221 and 222: Therefore, it is important that PIT
Page 223 and 224: session. Moreover, a revised copy o
Page 225 and 226: The rule of law is a basic requirem
Page 227 and 228: country depend upon the presence of
Page 229 and 230: The National Assembly has the full
Page 231 and 232: The Punakha Chimi also commented on
Page 233 and 234: A lot of good experience has been g
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meat in the country should decrease
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therefore face lots of difficulties
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If two or three Chathrims rather th
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XX. Expression of Appreciation and
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tourists and other non-governmental
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people of different geogs to identi
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gained by the members of the DYT an
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of the Kurichu Hydro Power Project.
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institutes besides centers of Buddh
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that it has become a majestic icon
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promotion of the national language.
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those belonging to neighbouring Dzo
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secondly due to the concerted effor
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of a child, the Hon’ble chairman
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order to avoid problems related to
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Of the five killed, four were fores
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and sorrow at the incident. He said
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Among the dead in the recent incide
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greatly undermine the friendship an
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confidence and appreciation of the
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teachings of the Buddha to flourish
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opportunities and challenges associ
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3. Grants a. GoI Program Grants 800
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While there was a substantial incre
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would continue to monitor the size
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The Royal Government will, as annou
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power tariff for the rural consumer
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The domestic revenue forecast for t
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Customs duties on yarn have been ab
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The Royal Government continues to a
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The Royal Government is, therefore,
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The Ministry of Finance will study
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climate for private sector developm
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4. Gross International Millions of
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