HR Abuse Increases in Nepal: HHR
Chronicling incidences of HR abuses in September and October, Himalayan Human Rights says there seems an increasing trend of human rights violation in Nepal.
The following is the report by HHR. Full details of the incidences of HR abuse can be read by downloading the original document (PDF version).
Government / Politics
The political parties face a special challenge in the current context, in exercising their stewardship of the peace process. All parties, despite their differences, need to work together to seize this historic opportunity for peace in Nepal. The eight political parties who formed the Interim Government have a special responsibility to recommit to the path of peace which they so courageously embarked upon last years.
In recent days, Nepal have seen once again the tragedy of violence at the community level in which people have lost their lives, and have been reminded how easily violence can put the peace process at risk. It is essential that public security be provided to all citizens, and that political parties and civil society work together at the community level in a common effort for social harmony and peace. The achievement of the Jana Andolan of April 2006 in moving Nepal from armed conflict into a process of dialogue and peaceful negotiation sent the clearest signal of the desire of the people of Nepal for peace and democracy. The spirit of this movement needs to be harnessed to ensure that political parties and civil society, including traditionally marginalized groups, work together to meet the current challenges.
On September 1, the Government to ensure security for the upcoming CA poll has unveiled a security plan focusing on the four phases of the election starting from the election campaigning to the postelection period. The government has a plan to mobilize a total of 62,102 security personnel (40,168 Nepal Police for polling stations and 21, 934 Armed Police Force personnel at a striking force) during the election.
As the EC plans to set up 20,883 polling station at 9,788 locations across the country, the government has to mobilize a minimum of five to 16 security personnel for each polling station, depending upon the number of ballot boxes. The government has decided to recuit 70,000 temporary personnel for the Nepal Police and 6,000 for the APF to ensure poll security. The government would try to recruit the temporary personnel from the ex-army or retired policemen. The government has already set up base camps for the Armed Police Force (APF) in 196 election constituencies and 44 others will be set up by mid-September so that they can be mobilized as a striking force to provide back up to Nepal Police stationed at the election booths.
On September 28, Eighty-seven members of the interim parliament led by Maoists registered an application at the Prime Minister's Office, urging the PM to summon the Parliament's Special Session to declare republic and amend the constitution to change the election system.
Maoists have quit the coalition government with the demand of declaration of republic state through the interim parliament and complete proportionate election system in the upcoming constitutional assembly. With the Maoists quit from the government the constitutional assembly has been postponed for indefinite period. The preparation by the election commission for the constitutional assembly has been wasted. With the suspension of the constitutional assembly the political scenario is at stake. The special session of the interim parliament has been called. Till date the matter has been debatable at high priority.
Strikes / Bandhs
Bandhas / Strikes and blockades called by different groups for a variety of reasons continued to be observed in various parts of the country. The vehicular movement had come to halt due to the various strikes/ bandhs (general strike) in highway stretching from east to west. People had difficulties in traveling. Peoples' life in the region was held at stake due to the strike / Bandhs and curfew imposed in various parts of the nation by the local administration. Different transportation unions, and armed groups and retaliation groups in terai had called upon the strikes in the region. Protest through strikes has been an easy means for people to demonstrate against the government to fulfill their demands.
On October 3, Police arrested 30 cadres of the Federal Lokatantra National Forum (FLNF) from Morang during the banda called by them. The agitators vandalized three vehicles including a jeep (Me 1 Kha 421) belonging to Armed Police Force.
Armed Groups
The armed groups have intensified their activities of killing, abduction, kidnapping, bombings by different groups in the Terai continued to be observed in various part of the Terai. Most of the abduction and Killing were reportedly done by the Terai Janatantrik Muckti Morch (Jwalan Singh and Goit) in Sunsari, Saptari and Siraha in eastern region, Bara, Parsa, Mahottari and Rautahat in central region and Butwal in western region. Most of the violations were related to demand for ransom or aimed at Pahades present in the Terai districts where Terai Janatantrik Mukti Morch (JTMM) has influence. Even though the version of the functioning armed groups for liberation and rights of the Madhesis but nature of their work is criminal
On Sept. 3, Cadres of JTMM-G torched a passenger bus (Ko 1 Kha 1855) on East-west Highway at Portaha VDC- 8 in Saptari District. On Sept. 11, Cadres of the Jwala Singh led by Janatantrik Terai Mukti Morcha (JTMM-J) in the district killed Arun Shrestha, principal of Tulsiram Satyabhama Dotel Secondary School, by slitting his throat. Shrestha, 55, was abducted from his residence at Bishnupurkatti VDC-5 at around 8 p.m.
Growing Threats in Terai
In the reporting period, most part of Terai is unstable due to the ongoing activities of the armed groups. The activities by the various existing armed groups have threatened the lives of the people in the region. The new armed groups are continuing their activities growing in the terai region. The functioning armed groups mostly are the madhesis. They have been strongly putting forward the madhesis issues in front of the state. Various other criminal groups across from border are also functioning in that area. They are causing serious troubles to the people of hilly origin. They are actively involved in killing, abduction, kidnap for ransom, bombing etc. On Oct. 9, Cadres of Janatantrik Tarai Mukti Morcha-Goit (JTMM-G) shot dead Rambabu Sharma (Neupane), secretary of Khatuwa Parsauni VDC near the Sirsiva River at Bakuliya area, while he was returning home due to refused to pay 'tax' to the group.
Even though the government has called for the dialogues, none of the armed group has responded. Even though few of them responded, they could not reach to conclusion. So they have increased their activities in the area. The daily bandhs in different parts of the area has made people's life miserable. The ongoing acts of the various functioning groups in terai are definitely indicating towards criminal acts rather than for people. The Gaur Carnage and the Kapilbastu incident are two live examples of it.
Maoists
The cadres of Maoists are still to continue their acts of abduction, torture and vandalisation. A number of such cases are reported and are still on rise. The Young Communist League (YCL) of Maoists is seen prime in the number of the incidences. They are still to practice the people's court in Boudha. They have not stopped their past activities of seizing the land. On September 1, Cadres of the Maoists youth wing, Young Communist League (YCL) attempted to snatch weapons from an Armed Police Force (APF) team at RCP Bazaar in Syuna village in Kalikot. On October 3, the caders of Maoists abductd Pappu Gurung, a correspondent of the Mahendranagar-based newspaper Abhiyan Kainik and Mahakali FM at 4 a.m. while he was asleep at his residence at Dodhara, Chadani. On September 27, the Maoist-aligned All Nepal Communication, Printing and Publications Workers' Union (ANCPPWU) forcibly stopped collecting and publication of advertisement at Kantipur Publications from Wednesday. On Oct 1, Cadres of the Young Communist League (YCL), youth wing of the Maoists, seized all copies of The Kathmandu Post and its sister publication Kantipur daily from the regional office of Kantipur Publications in Pokhara. On
September 18 the police arrested three Maoist cadres carrying sophisticated weapons from Rahja Airport, Nepalgunj. But the cadres of Maoist said that they were there for the security of Maoist parliamentarian Lekhraj Bhatta.
Various national and international agencies, civil society, intellectuals, human rights community have drawn their serious concern over the activities by the YCL and doubted about the fairness constitutional polling to be held in November 22, 2007.
Cantonments
The cabinet meeting decided to release three months' allowance to Maoist combatants in the seven main and 21 satellite cantonments. The meeting, held after the CPN (Maoist) pulled out of the government on 17 of September.
The United Nation team started second stage verification of the Maoists people's liberation army sixth division at Dashrathpur in Durkhet on September 4, 2007. The UN Monitoring team completed verifying nearly 2,000 combatabts of the Jeet Smriti Brigade and Jharana Smriti Brigade at Kalyna of Dashrathpur camp, Surkhet on September 14, 2007.
On September 29, the team of United Nation Mission in Nepal (UNMIN) completed second round of People's Liberation Army (PLA) verification in Sahajpur and Badaipur satellite camps of Maoists' seventh division camp. Similarly, On October 15, the second round of verification of 700 combatants of People's Liberation Army (PLA) of Maoists cantonment at the fifth division camp at Dahaban in Ropla district was completed. The verification of 350 combatants from the Sunil Smriti Brigade and 350 from Dirgha Smriti Brigade was completed and the verification process has been postponed until October 25 due to the Dashain holiday. There are 4,138 PLA combatants at Dahaban, Tila and Ugha of Rolpa and Sakram of Dang District under the fifth division camp of the Maoists.
On Sept 23, Combatants of the Maoist's People's Liberation Army from their second division cantonment at Dudhauli, Sindhuli picketed the District Administration Office (DAO) for an hour to pressurize the government to address their demands. Some 90 combatants in combat dress arrived at the district headquarters, some in a government vehicle (Ja 1 Ga 297), of the Department of Roads. They staged a protest at around 10 am before presenting their 10-point demand. Their demands include proper management of the camp, release of monthly salary as per the decision of the cabinet, provision of food at par with the Nepali Army (NA), and end of recruitment in NA, among others.
On Sept 24, People's Liberation Army (PLA) combatants of the Maoist's sixth division cantonment in Dashrathpur started a sit-in in front of the camp management office inside their camps. The PLA combatants accused the government of not heeding to their demands regarding provision of drinking water, roads, daily allowances, medicines, and the vacant post of doctors in the camps. They also said that the government couldn't provide the Rs.60 daily allowance to the combatants on time. According to the irate combatants, they faced difficulties with their health checkups since the doctors appointed for the camps worked elsewhere.
Improvised Explosive Device (IED)
IED and ERW are growing as one of the major threat through out the country. The victims activated incidences are increasing day by day. People are handicapped and have even lost their lives. Hence, it shows a dire need of clearance of IEDs and left over bombs during insurgency by the both conflicting party and awareness programs for the people to make them aware of the landmines and to avoid further accidents because of it.
Hetauda Cement Industry has started defusing explosives in Suparitar Barracks for security reasons since the last 10 years, citing their uselessness on September 7, 2007.
International Agencies
UNMIN
After the Maoists Minister pulled out of the government, immediately armed PLA combatants walking out from the cantonments then the United Nations Mission in Nepal (UNMIN) urged the Maoists not to mobilize the combatants for political protests. "UNMIN calls on the Maoist leadership to observe its commitments to keep the Maoist army in cantonment and that it not is mobilized for political protests. Hinting at the possibility of negative implications from the Maoists' latest move in the ongoing peace process, UNMIN also urged all eight parties to intensify their efforts to find a way out of the current stalemate, and also a team from the UN Mission in Nepal (UNMIN) in Bhojpur left for the capital. The two member UNMIN team had been stationed in the district to monitor election preparations and provide
training on the constitution assembly election.
"All parties should not only respect existing agreements, but redouble their efforts to ensure they are effectively implemented in the spirit of last year's people's movement and the aspiration of Nepal's people for both peace and democracy.
UNMIN also expressed its concern over ongoing violence in the Tarai and urged the parties to stop the situation from worsening further. Saying that the timetable for the 22 November election is a tight one, UNMIN urged the eight parties to reach a common understanding that will allow them to move forward. "The eight parties and the international community should focus their energies on resolving the outstanding issues that stand in the way of a timely, peaceful and fair election.
Conclusion
With all this cases violation reported in the media and organization, there seems an increasing trend of human rights violation. The law and order for the security of the people has been lacking in the country. The armed groups have been performing their activities actively. The incidence of abduction, tortures are gaining momentum. Even though the Peace Accord has been signed Maoists have not completely disarmed themselves. The unprovoked and indiscriminate firings have been seen in some places. They are still found engaged in abduction and torture. The people have started retaliating Maoists behavior of oppression.
Improvised Explosive Device (IED) has been a growing threat to the people. As the threat of the victims activated incidences are growing high the state and Maoists should take a initiation to clear up all the IEDs that has been placed within the security regions and launch massive awareness campaign to avoid further casualties. As mentioned in clause 5-3-4 of the Comprehensive Peace Accord (CPA) signed between the government and the CPN (Maoist), on November 21, 2006 both of them agreed to clear up the IEDs and explosives within 30 days and destroy within 60 days from signed date but they could not follow their promise and still the incidences are increasing in the different parts of the country and prompt identification of the possible and it's clearance should be as soon as possible. Human Rights violations were observed through out the country. Killing, abduction, kidnap for ransom and vandalizing activities were the major violations observed in this month. The human rights violations
were reported high in the eastern part of Terai. Mahotari, Dhanusha, Saptari, Siraha, Bara, Parsa and Rautahat are some the districts which witnessed high incidences of human rights violation. Some of the armed groups to function in the region are JTTM (G), JTTM (JS), Madhesi Tiger, Terai Army and various other unidentified groups. The JTTM (G) and JTTM (JS) have intensified their actitivities in the region.
The general strikes by the various groups have stopped the vehicular mobility throughout the country. So overall the human rights situation of the country is at stake due to the various bandhs and strikes, demonstrations and protests have held the life of the people. People's right to life and right to live in fearless environment should be ensured. The rule of law should be maintained in the country.
The report is available here. The report follows details of incidences of HR violations in September & October 2007.
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Posted by Editor on November 20, 2007 12:44 AM