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The Case

for Intervention in Nepal

Embargoed for: 14 March 2005

New Delhi/Geneva

A report to the 61st

session of the United

Nations Commission on Human Rights 14 March to 22 April 2005

Crackdown ... RNA personnel patrol the streets of the capital, Kathmandu

ASIAN CENTRE FOR HUMAN RIGHTSC-3/441-C, Janakpuri, New Delhi 110058

Tel/Fax: +91 11 2562 0583, 2550 3624Email: [email protected]; Website: www.achrweb.org



The Case for Intervention in Nepal 2

Table of Contents

1. OVERVIEW ............................................................................................................... 3

2. THE CASE FOR INTERVENTION IN NEPAL.............................................. 7

2.1. NO MILITARY SOLUTION .................................................................................... 7

2.2. ARMING THE RNA OR ARMING THE MAOISTS? ............................................ 9

2.3 IGNORED HUMANITARIAN CRISIS..................................................................... 10

a. Unlawful killings - violation of the Rome Statute.................................... 10

b. Internally displaced persons – India, the safety bulb? .......................... 13

c. The collapse of the state structure: ............................................................. 14

d. The collapse of the judiciary: ....................................................................... 15

e. The collapse of the health care system: ..................................................... 15 f. Food insecurity ................................................................................................. 17

g. The collapse of the educational system...................................................... 18

h. The use of child soldiers ................................................................................ 21

2.4 THE JUSTIFICATION FOR INTERNATIONAL INTERVENTION.......................... 21

3. HUMAN RIGHTS VIOLATIONS SINCE 1 FEBRUARY 2005 .............. 23

3.1 R EPRESSION ON THE POLITICAL ACTIVISTS ................................................... 23

3.2 BAN ON HUMAN RIGHTS MONITORING ........................................................... 28

3.3 BAN ON PRESS FREEDOM AND FREEDOM OF EXPRESSION........................... 30

a. Arrest and detention of journalists.............................................................. 32 b. Closure of the newspapers ............................................................................ 33

3.4 JUDICIARY ON TRIAL .......................................................................................... 34

3.5 HUMAN RIGHTS VIOLATIONS BY THE RNA ................................................... 36

3.6 ABUSES BY THE MAOISTS................................................................................. 40

a. Violent imposition of blockade..................................................................... 40

b. Unlawful killings.............................................................................................. 41

c. Abduction ........................................................................................................... 42

d. Destruction of public properties .................................................................. 42

4. RECOMMENDATIONS TO THE 61ST

SESSION OF THECOMMISSION ON HUMAN RIGHTS ................................................................ 44

______________________________________________________________________________________ Asian Centre for Human Rights Report 2005




1. Overview

Nepal has been facing grave humanrights and humanitarian crisis since theRoyal Nepal Army took over power

under the Unified Command followingthe declaration of emergency on 26 November 2001. The situation requiredintervention of the internationalcommunity, in particular the United Nations. However, the threat of establishment of a communist republic by the Communist Party of Nepal(Maoists) prevailed over. In March-April2004, United States and India blocked acountry resolution against Nepal at the

60th session of the United NationsCommission on Human Rights. A mildChairman’s statement was adopted.

Pre February 1

The coup d’état by King Gyanendra provides an excellent opportunity toaddress the gravest humanitarian andhuman rights crisis in South Asia. Thehumanitarian crisis is all-pervasive. The

edifice of state structure in Nepal hascollapsed. By early 2004, the numbers of police stations in Nepal were reducedfrom 1500 when the Unified Commandtook over in November 2001 to 350.1 ByDecember 2003, the courts havevirtually stopped functioning in 19 hilldistrict courts.

2Since 2002, the Supreme

Court has failed to inspect the Appellateand District Courts in the country"owing to bad law and order situation”.

3

With the introduction of JanabadiSikshya (people’s education), the

educational system in Nepal hascollapsed. The government lost itscapacity to provide basic health carefacilities. Often the security forces and

the Maoists impose ban on essentialcommodities like batteries, canvas shoes,cooking oil, instant noodles andmedicine.

1. India ‘trying to unite divided’ Nepali polity, The

Statesman, New Delhi, 21 April 2004

2. No work in 19 courts triggers judicial rethink,

The Himalayan Times, Kathmandu, 2 January 2004

3. SC judges fail to inspect courts, The Himalayan

Times, Kathmandu, 7 January 2004

Since the Maoists launched their firstattack on 13 February 1996, there have been violations of the Rome Statute onInternational Criminal Court. A total of 11,358 persons have been killed from 13February 1996 to 28 February 2005.

This implies that 3.44 persons werekilled everyday.4 The Royal NepalArmy (RNA) has been acting as lawunto itself. While arbitrary arrest,detention and torture are innumerable,extrajudicial executions are often citedas “encounter killings”.

The phenomenon of disappearance is the best indicator of the human rights crisisin Nepal. The National Human Rights

Commission of Nepal has received 1,619complaints of disappearances: 1,234cases attributed to the security forces,331 attributed to the Maoists, and 54where the responsible persons areunidentified. Out of these, more than 600complaints were lodged in 2003-2004.The government of Nepal appointedInvestigative Commission onDisappearances acknowledged that morethan 1,000 cases have been brought to its

attention.5

The Maoists too have been responsiblefor gross violations of internationalhumanitarian laws. In its report of 31

4.http://www.inseconline.org/download/Killings_D

ata.htm

5 . E/CN.4/2005/65/Add.1 of 28 January 2005





January 2005 to the forthcoming 61st

session, the Office of the United NationsHigh Commissioner for Human Rightsaccused the Maoists of perpetrating “war crimes”. The report states, “In reality,

most of their (Maoists) policies andoperations carried out in 2004, such asmass abductions, the recruitment of children, summary executions, thetargeting of schools, trial by incompetentcourts for crimes inappropriately punishable by death, forced labour andforced evictions, were flagrant violationsof international law and qualify as war crimes under the Rome Statute of theInternational Criminal Court”.6

Since the conflict started, an estimated350,000 to 400,000 Nepalese have beeninternally displaced from their villages.7 Many UN agencies and international NGOs failed to provide any assistance.In late December 2004, around 200 Nepalese were crossing the border intoIndia every hour to escape from theatrocities of both security forces and theMaoists.8 Across the Northern India –

Bihar, Uttar Pradesh, Uttaranchal,Haryana, Punjab, Himachal Pradesh andJammu and Kashmir, and West Bengal – thousands of ethnic Nepalese have beenworking as agricultural labourers. Whilethere are no estimates as to the actualnumber of Nepalese migrants given theopen borders, the figure is believed to beover 10 million. As it is easier for the people of Nepal to come over to India,there were no refugee camps – a

precondition for recognizinghumanitarian crisis.

6 . E/CN.4/2005/114 of 31 January 2005

7.http://www.irinnews.org/report.asp?ReportID=4

5591&SelectRegion=Asia

8. A Statement by the Asian Human Rights

Commission, Nepalese exodus from impending

disaster cannot be ignored, 14 December 2004

Post February 1

Since the declaration of emergency on 1February 2005, human rights violationshave further deteriorated. There is

complete ban on political activities, press freedom and monitoring of humanrights violations. The lynching of 22alleged Maoists and burning down of about 700 houses of the alleged Maoistssymphatisers in Kapilavastu district from17 to 23 February 2005 once again brought into focus the blatant humanrights violations by the RNA. Theflogging of the dead bodies of thealleged Maoists in presence of the RNA

personnel was telecast in Indiantelevisions also. Given the state of censorship and Maoist blockade, howcould the TV cameras manage to reachthe spot? On 6 March 2005, securityforces prevented a team of the NationalHuman Rights Commission fromvisiting Kapilabastu to investigate thealleged human rights violations. TheRoyal Nepal Army has been given carteblanche to commit further atrocities

The journalists have become the mostvulnerable in the post February 1 period.Hundreds of them have lost jobs becauseof the ban on news broadcast in FMradios and closure of many newspapers. Newspapers have also been effected bythe suspension of advertisements by thegovernment in addition to other restrictions on reporting. The journalistshave been arrested for taking

photographs of demonstrators.

9

AshishSarraf ‘Nikki,’ a photojournalist wasarrested for taking pictures of thedemonstration in Janakpur on 8 March

9.http://www.kantipuronline.com/kolnews.php?&n

id=30678





2005.10 Many continue to remain under detention.

While the restoration of multi-partydemocracy and democratic freedoms is

sine-qua non, intervention in Nepalagainst the Royal Proclamation of 1February 2005 must go beyond restoringthe status quo prior to 1 February 2005.The conflict with the Maoists must beaddressed.

Attempts to find a mediated solution between the government of Nepal andthe Maoists by national interlocutorshave failed. National interlocutors had

little influence either on the governmentor the Maoists. Drawn from civil societyactivists or former political leaders, theyserve as mere messengers.

The Asian Centre for Human Rights isurging members of the United NationsCommission on Human Rights,especially United States, UnitedKingdom and India to sponsor a countryresolution on the situation of human

rights in Nepal at its 61st

session beingheld in Geneva from 14 March to 22April 2005. Apart from the demand for withdrawal of emergency and release of all political detainees, human rightsdefenders, journalists, student leaders,academics, women rights activists, tradeunionists etc, lifting of ban on pressfreedom, lifting of ban on human rightsmonitoring and inquiry into humanrights violations perpetrated during

emergency, the United NationsCommission on Human Rights shoulddecide to;

- Appoint a SpecialRapporteur on the

situation of human rightsin Nepal and to submit aninterim report to the 60th session of GeneralAssembly and a final

report to the 62nd

sessionof the United NationsCommission on HumanRights on the violationsof human rights andhumanitarian laws by thesecurity forces and theMaoists;

10. Over 200 protesters held, The Nepal News.com,

9 March 2005

- Urge the government of Nepal to invite setting up

of the field monitoringmissions of the Office of the United Nations HighCommissioner for HumanRights in Nepal; and

-Establish aninternational commissionof inquiry into theviolations of the provisions of the Rome

Statute on InternationalCriminal Court both bythe security forces and theMaoists.

To the Secretary General:

- Hold necessary consultation onthe appointment of a SpecialEnvoy for finding a peacefulsolution to the Maoists crisis of

Nepal;

- Instruct the Under SecretaryGeneral of the Department of Peace-Keeping Operations not todepute soldiers from Nepal for the United Nations PeaceKeeping Operations;





To the United Nations Treaty Bodies:

- Immediately examine theimplementation of the treaties towhich Nepal is a party under emergency situation;

Governments and donors:

- Suspend all military assistanceuntil the restoration of democracy and democratic

freedoms and formation of multi- party national unity governmentfor finding negotiated solution tothe Maoists crisis;

- Examine the ability of thegovernment of Nepal for deliveryof humanitarian assistance andundertaking developmentactivities in Maoists held areasand develop monitoring

mechanisms to ensure proper useand delivery of humanitarian aid;and - Impose visa restrictions on themembers of the Ministerialcouncil/members of the Royal Nepal army and freeze the assetsof the royal family, senior officials, military officers andtheir families.





2. The case for intervention in

Nepal

Until King Gyanendra declared himself as the ruler for the next three years on 1

February 2005, international communitywas happy to deal with proxygovernments and evaded the question of resolution of the Maoists problems. Theconflict is no longer directly between theMaoists and the government of Nepalwhich was represented by KingGyanendra and the democratic parties.After the King usurped the powers onFebruary 1, the conflict between theKing and democratic forces intensified.

Only the Maoists seem to have a clear agenda. Apart from the call for blockadefrom 13 –26 February 2005, the Maoistsare observing the situation.

King Gyanendra has been makingdesperate attempts to cling on to power by urging international community,especially the United States, India andUK, to choose between him and theMaoists. It would be a sad day for Nepal

if the choices were to be limited to thetwo anarchist forces. King Gyanendrasought three months time to restorenormalcy. Under the constitution,emergency has to be approved within 90days by the parliament. With most of theRNA personnel engaged in enforcingemergency, protecting the King and theKathmandu valley, and providing escortsto the vehicles during the Maoists’ road blockade, King Gyanendra’s deadline to

bring normality in the country withinthree months is ludicrous.

The institution of monarchy is at seriousrisk.

2.1. No military solution

While international community cannotremain mute witness to the fall of anation state, it is essential to realize that

there is no military solution to theMaoists crisis. While India, Nepal’s primary arms supplier, reportedlydeploys 400,000 to 700,000 armedforces in addition to local Jammu andKashmir Police to tackle theinsurgency11 in the trouble-torn State,the Royal Nepal Army has only 78,000soldiers. Out of these, 30-40% soldiersare reportedly locked to defend theKathmandu valley and the King.

12

Modernising the RNA must beconsidered in the context of Nepal’s owncapabilities and its long-termsustainability. Nepal is one of the poorest countries in the world, with anannual per capita income of US$ 276

13

and 42% of the population live inabsolute poverty.14

Yet, the government of Nepal has

increased its budget for defence. For 2005, the government announcedallocation of 1.2 billion Nepalese rupeesand increased the prices of petroleum products to support the inflated defence budget. The number of RNA personnelhas increased from 45,000 in 2001 to78,000 today – roughly equal to the

11.http://www.state.gov/g/drl/rls/hrrpt/2003/279

47.htm

12

.http://www.flonnet.com/fl2109/stories/20040507001105600.htm

13. Testimony of James Kinder, Assistant

Administrator for Asia and Near East, USAID

before the Senate Foreign Relations Committee on

2 March 2005.

14. Arjun Karki, The Political and Social Aspect of

Democracy and Peace in Nepal, Regional

Consultation on Peace and Democracy in Nepal,

Bangkok, 11-12 March 2005.





number of civil servants in the country,in addition to 65,000 Nepal ArmedPolice and Nepal Police.15

India remains the biggest donor of

military aid to Nepal.16

India bears 70%of the military assistance amounting toRs 3740 millions, apart from impartingtraining to the RNA in counter-insurgency.

17India provided at least

20,000 SLR and INSAS rifles inaddition to helicopters. During his visitto Nepal, then India’s Chief of ArmyStaff, General Nirmal Chandra Vij statedon 24 April 2003 that India had already provided Nepal with military hardware,

training, logistics and technical supportworth Rs two billion and was stillconsidering providing similar supportequivalent of Rs one billion.18

The United States remains the secondlargest arms supplier to Nepal. Between1990-2001, Nepal received a total of $2.3 million worth of arms deliveries,$1.3 million in Foreign MilitaryFinancing (FMF) and approximately $2

million in International MilitaryEducation and Training (IMET)funding.19

However, since Sept. 11, 2001, theUnited States has significantly steppedup its military assistance to Nepal. TheKingdom was given $12 million in FMF

in Fiscal Year 2002 (FY 02), nearly 10times the amount allocated for Nepal inthe decade prior to Sept. 11, 2001. Alsoin FY 02 Nepal received nearly$400,000 in IMET, and $3 million in

Economic Support Fund (ESF)financing. In FY 03, Nepal wasappropriated $500,000 in IMET, $3million in FMF and $6 million in ESF.For FY 04 Nepal has been promised$600,000 in IMET, $10 million in FMFand $6 million in ESF.20

15. Arjun Karki, The Political and Social Aspect of

Democracy and Peace in Nepal, Regional

Consultation on Peace and Democracy in Nepal,11-12 March 2005.

16. Polls answer to Nepal impasse, The Pioneer, 7

April 2004

17. King meets envoy as Delhi heat gets to

Kathmandu, The Indian Express, 7 February 2005

18.http://www.nepalnews.com.np/contents/englis

hdaily/ktmpost/2003/apr/apr25/index1.htm

19.http://www.cdi.org/friendlyversion/printversion

.cfm?documentID=2015

The United Kingdom plays a key role in providing logistic support. In March2003, the United Kingdom donated two

MI-17 helicopters to Nepal under itsGlobal Conflict Prevention Fund(GCPF). The Nepal Government agreedto restrict the use of these choppers for logistical, medical and humanitarian purposes.

21The UK further promised to

provide more than $10 million to buymilitary hardware.22

While the United Kingdom and Indiahave frozen military aid to Nepal,23 these

measures are too little, too late andabsolutely ineffective to address theconcerns of the international community.Given the volumes of weaponry alreadytransferred to the Royal Nepalese Army(RNA) in the last couple of years,suspension of military aid is not a sourceof an immediate crisis for KingGyanendra or the RNA. The offer byPakistan to provide military assistance to Nepal from “boots for its 80,000 soldiers

20.http://www.cdi.org/friendlyversion/printversion

.cfm?documentID=2015

21. UK donates choppers to Nepal, The Tribune,

Chandigarh, March 2003,

22.http://www.wsws.org/articles/2003/jan2003/n

epa-j27.shtml

23. Britain suspends military aid to Nepal, The

Kantipuronline, 23 February 2005





to helicopters to ferry troops and attack guerrilla hideouts in rugged hills and jungles”24 will further complicate thesituation.

It is essential for internationalcommunity to realize that there is nomilitary solution to the Maoists’ crisis.

2.2. Arming the RNA or arming

the Maoists?

During 2004, 156 members of thenational police, 240 members of theRoyal Nepalese Army and 53 membersof the Armed Police Force were killed

by the Maoists.25 In 2003, 142 membersof the national police, 122 members of the Royal Nepal Army and 71 membersof the Armed Police Force were killed by the Maoists. Between 1996-2003, theMaoists have killed 1,096 members of the national police; 362 members of theRoyal Nepal Army; and 173 members of the Armed Police Force.

26

A large number of sophisticated arms,

which the Maoists presently possess, arereportedly captured from the batteredRoyal Nepal Army. After the attack onthe Army garrison in Bhojpur on 3March 2004, the Maoists apart fromdestroying the police post and thetelephone tower, killed thirty-two policemen and nine RNA personnel andtook away all the weapons andammunition.27 In the attack at Beni

Bazaar, district headquarters of Myagdi,on 20 March 2004, the Maoists claimedthat they have captured 137 modernweapons from the security forces inBeni. That includes 15 infantry small

arms system, eight sub-machine guns,three light machine guns, one M-16, 35self-loading rifles and 47,000 rounds of ammunitions.28

24.http://www.reuters.com/newsArticle.jhtml?story

ID=7877349&type=topNews


42.htm


49.htm

27. Nepali rebels kill 21 troops, The Central

Chronicle, 4 March 2004; Maoists storm telecom

tower, killing over 41, The Statesman, 4 March

2004

The following armed clashes betweenthe Maoists and the security forces areself-explanatory:

25 September 2000: In the biggest andmost audacious attack of its kind, about

1,000 Maoists raided Dunai,headquarters of Dolpo district in which14 policemen were killed.

2-7 April 2001: Maoists gunned downover 70 policemen in separate attacks inRukumkot and Naumule.

6-13 July 2001: Maoists attacked police posts in Lamjung, Nuwakot,Ramechhap, Gulmi, Dailekh and Holeri

and abducted 69 policemen from Holeri.

23 November 2001: Maoists launchedattacks in Surkhet, Dang, Syangja andother parts of the country. For the firsttime, they attacked the Royal NepalArmy, killing 14 soldiers in the Gorahi base. 23 policemen were also killed.Maoists looted Rs 225 million from banks over the week.

25 November 2001: Maoists attackedthe army again at Salleri. They killed 27 policemen, a chief district officer andfour soldiers.

28. Rebels batting strongly against govt’s weak

bowling, The Kathmandu Post, 25 March 2004





14-21 February 2002: Maoists launchedmajor offensive in Achham. Thegovernment retaliated. At least 132security personnel and 46 Maoists were

killed.

22 February 2002: Maoists killed 34soldiers in new offensive in Salyan.

11 April 2002: Hostilities increased inDang: 160 policemen and militarykilled;

14 April 2002: Estimates rose toindicate that as many as 300 soldiers

killed in Dang;

September 2002: Series of major Maoist attacks; 110 killed in Argakanchi(60 security forces; 50 Maoists).

2.3 Ignored humanitarian crisis

Nepal has been facing gigantichumanitarian crisis – gross andwidespread violations of international

human rights and humanitarian lawswhich required intervention of theUnited Nations.

a. Unlawful killings - violation of

the Rome Statute

Since the Maoists launched their firstattack on 13 February 1996, a total of 11,358 persons have been killed from 13February 1996 to 28 February 2005.

This implies that 3.44 persons werekilled everyday.29 As the conflictintensified, the number of people beingkilled also increased. During 2004, anestimated 2,380 persons i.e. over 6.52

persons every day were killed in Nepalin the Maoists conflict.30 In 2003,estimated 1,697 persons i.e. 4.65 persons per day were killed in insurgency relatedviolence.31 Due to the cease-fire in 2003,

the number of killings had gone down.

29.http://www.inseconline.org/download/Killings_

Data.htm

However, after proclamation of emergency, killings have gone upexponentially. A total of 223 persons i.e.8.41 persons per day were killed from 1to 28 February 2005.32

Human rights violations by the Royal Nepal Army have been systematic andflagrant. While arbitrary arrest, detention

and torture are innumerable,extrajudicial executions are often citedas “encounter killings”.

The number of alleged Maoists killedalso raises suspicions. During 2004, outof 2,380 persons killed in insurgency-related violence, 1,457 persons werealleged to be Maoists and 474civilians.

33In 2003, out of the 1,697

persons killed, 1,107 were alleged

Maoists and 255 civilians. Between,1996 and 2002, out of estimated 8,296 persons killed 5,551 were identified asMaoists and 1,114 civilians.34 Yet, theMaoists movement continues to grow.

“The favourite tactic of the Royal NepalArmy (RNA) is Tora Bora: Armedhelicopters fitted with .50 machine gunsdropping 81 mm bombs over suspected

30

.http://www.state.gov/g/drl/rls/hrrpt/2004/41742.htm


49.htm


Data.htm


42.htm


49.htm





Maoist hideouts. These cause immensecollateral damage besides targetingcivilians”.35

While accepting two MI-17 helicopters

under Global Conflict Prevention Fund(GCPF) from the United Kingdom in2003, the Nepal Government has agreedto restrict the use of the choppers tologistical, medical and humanitarian purposes.

36However, the Royal Nepal

Army personnel have consistently usedunidentified helicopters for aerial bombings on the civilians.

On 12 April 2004, 4 civilians were killed

and many others including schoolchildren were injured when the RNA personnel dropped bombs fromhelicopters at Bidhya Mandir Higher Secondary School at Binayak, Acham.The Maoists reportedly forced people to participate in a cultural programmeorganised at the school. According to theeye-witnesses, most victims werechildren below 15 years. An eight-year-old boy, Meghraj Timilsina of Kuika

VDC-7 was admitted in a hospital in Nepalgunj. Both his legs were severelyhit by shrapnel.37 Subsequently, theRNA blocked supplies of food, medicineand stationary supplies to at least 24Village Development Committees inAcham in clear violation of internationalhuman rights and humanitarian laws.The RNA justified its collective punishment of all the civilians as a preventive measure against possible

hijacking of the supplies by theMaoists.38

35. Polls answer to Nepal impasse, The Pioneer,

New Delhi, 7 April 2004

36. UK donates choppers to Nepal, The Tribune,

Chandigarh, March 2003,

37. Dozens of children were hurt in Binayak

bombing, The Kathmandu Post, Kathmandu, 16

April 2004.

The security forces in Baglung claimedthat around 50 Maoists were killed when

government troops launched aerial bombings in the Galkot, Tarakhola andArgal VDC in the afternoon of 23 March2004. 39 The security forces allegedlylaunched the operation after a tip-off thatthe Maoists involved in the Beni Bazaar attack of 20 March 2004 were hidingthere.40 It was a retaliatory attack.

On 17 February 2004, the security forcesclaimed that at least 35 Maoists were

killed in aerial strikes on the allegedarmed Maoists, holed up in Kotbara areaof Kalikot district. The security forcesused night vision helicopters to launchstrikes against the rebels on 16 February2004.

41

The Royal Nepal Army makes nodistinction between the civilians and theMaoists. The RNA often kills theinnocent civilians and claims them to be

Maoists. The use of such aerial bombings is disproportionate, unjustifiedand therefore, prohibited under international human rights andhumanitarian laws.

The phenomenon of disappearance isindicative of the grave human rightscrisis. According to the latest report of the United Nations Working Group onEnforced Disappearances, the NHRC

38. RNA blocks supplies in Achham, The

Kathmandu Post, Kathmandu, 18 April 2004

39. 50 rebels dead in Baglung bombings, The

Kathmandu Post, Kathmandu, 24 March 2004

40. Over 50 Maoists killed in air raid, The

Himalayan Times, Kathmandu, 24 March 2004

41. 20 civilians dead, Nepal aerial raids kill 35

Maoists, The Pioneer, 18 February 2004





has 1,619 cases to investigate: 1,234cases attributed to the security forces,331 attributed to the Maoists, and 54cases were attributed to unidentified persons. Even more worrisome, the

phenomenon has grown exponentially inthe last few years, from dozens of cases before the NHRC in 2000-2001 to morethan 600 lodged in 2003-2004. Even theinternal Government-appointedInvestigative Commission onDisappearances, acknowledged thatmore than 1,000 cases have been brought to its attention.

42

On 13 September 2003, Krishna K.C.

was reportedly arrested by plainclothessecurity personnel in Kathmandu. On 23September 2003, a habeas corpus petition was filed. But it was dismissedon 28 November 2003 as the RNAdenied his arrest. On the basis of deposition made by a human rightsdefender, the NHRC concluded that Mr.Krishna KC was illegally detained by thearmy in Bhairabnath Gan army barracks.In the meantime, a second habeas

corpus petition for the production of Krishna KC was filed on 20 February2004. On 31 May 2004, the SupremeCourt of Nepal ordered the NHRC to prepare a report on the arrest andwhereabouts of Krishna K.C. The RNAdenied detaining Krishna K.C. andrefused entry to NHRC representativeswhen they attempted to visit BhairabnathGan barracks on 7 June 2004. Based onSupreme Court’s direction of 14 June

2004, NHRC was granted a visit toBhairabnath Gan barrack. The RNA produced three other detainees butclaimed that Krishna K.C. was not intheir custody.43

42. E/CN.4/2005/65/Add.1 of 28 January 2005

43. http://www.achrweb.org/Review/2005/61-

05.htm

Impunity and contempt for the rule of law contribute to unlawful killings in Nepal. While the Maoists have their ownillegal forms of justice, in the

government controlled areas, the Royal Nepal Army and the police treat the judiciary with contempt. At least four army barracks — Bhairav Nath Gan,Chhauni Gan, Bhadrakali Gan andJagadal Gan —had the audacity todecline to accept the notices of theSupreme Court with impunity. On 13 November 2003, when a court officialwent to the Bhairav Nath Gan barrack toserve the show cause notice as to why

Surendra Khadgi was detained, officialsat the barrack refused to accept it. Earlier on 6 November 2003, the Bhairav NathGan barrack also declined to receivenotice issued by the Supreme Courtregarding a plea filed by Shanti Shresthafor SC's order to release Nuchhe Narayan Shrestha.44

The only law enforcement personnel tohave been punished since the conflict

begun in 1996 is Major Ram ManiPokhrel. After the declaration of emergency on 1 February 2005, he had been dismissed from service andsentenced to two years imprisonment

45

for cold-blooded massacre of 19 personsincluding 17 Maoist cadres and twocivilians at Doramba on 17 August 2003when the talks between the Maoists andthe government were held. Two yearsimprisonment for the cold blooded

murder of 19 persons which has beendescribed as violations of “theInternational Humanitarian Law and,and especially, the Common Article 3 of the Geneva Conventions…, the

44. Himalayan News Service, Kathmandu, 20

November 2003.

45. The Himalayan News Service, 31 January 2005.





Constitution of the Kingdom of Nepal,the Army Act, the Police Act and theArmed Police Act”46 by the NHRC of Nepal is inappropriately lenient by anyyardstick.

The NHRC’s Investigation Committeereport into the Doramba killings stated,“After exhuming the dead bodies, theCommittee discovered that the bulletshad hit from the front side in 10 out of 18 dead bodies whereas in the case of others the bullet had hit from other sides.Only two dead bodies were hit by morethan one bullet of which in one casethere were injuries on the head and the

chest and in another case there wereinjuries on the throat and the chest. Inthe case of one dead body there was onlyone sign of bullet piercing through theright arm. However, there were noexternal injuries in the case of one dead body. Although due to decompositionand cleaning made by the rainy water itwas difficult to ascertain in all cases thedistance from which the bullets werefired, it could be concluded, on the basis

of lack of entry/exit points in some dead bodies and the presence of big entry points in some dead bodies, that theshots had been fired from a close range. Nowhere the bullets were found stuck inside the wounds. Although completeautopsy could not be performed on thedead bodies by taking them out due todecomposed state of the dead bodies,deep burial inside the ground and thedearth of physical and human resources,

close observation of the parts, whichcarried wounds and injuries, was madeand points were recorded.” 47

46. On-the-spot Inspection and Report of the

Investigation Committee of the NHRC 2060 BS

(2003); The Kathmandu Post, 23 August 2003, 27

August 2003 and 19 September 2003;

47. Ibid

The Maoists, on their part, have beenequally responsible for gross violationsof international humanitarian laws. In itslatest report of 31 January 2005, theOffice of the United Nations High

Commissioner for Human Rights states,“In reality, most of their (Maoists) policies and operations carried out in2004, such as mass abductions, therecruitment of children, summaryexecutions, the targeting of schools, trial by incompetent courts for crimesinappropriately punishable by death,forced labour and forced evictions, wereflagrant violations of international lawand qualify as war crimes under the

Rome Statute of the InternationalCriminal Court”.48

b. Internally displaced persons –

India, the safety bulb?

Since the conflict started, an estimated350,000 to 400,000 Nepalese have beeninternally displaced from their villages.

49

Initially, the government established theVictims of Conflict Fund to assist the

Internally Displaced Persons (IDPs). TheIDP families were to be provided about$1.3 per day. However, many wereexcluded from state support. In 2004, thegovernment claimed to have distributednearly $56,000 to the IDPs. However,activists allege that the fund was sohaphazardly distributed that the moneydid not reach most of the IDPs.

50

Many UN agencies and international

NGOs provide assistance for development-oriented programmes butno specific programme has been

48 . E/CN.4/2005/114 of 31 January 2005









undertaken to provide basichumanitarian relief to the IDPs. Often,the ability of the Nepalese citizens tocross over to India is shown as an excusefor the failure to provide to the IDPs

who are living inside Nepal.

According to some non-governmentalsources, in late December 2004, around200 Nepalese were crossing the border into India every hour to escape from theatrocities of both security forces and theMaoists.51 Across the Northern India – Bihar, Uttar Pradesh, Uttaranchal,Haryana, Punjab, Himachal Pradesh andJammu and Kashmir, and West Bengal –

thousands of ethnic Nepalese have beenworking as agricultural labourers. Whilethere are no estimates as to the actualnumber of Nepalese migrants given theopen borders, the figure is believed to beover 10 million. If the conflict continues,the number of migrants will increase andthey will be forced to stay in India.52 Armed conflicts increase vulnerability of the poor, downtrodden and ethnicminorities. Indo-Nepal borders are

infamous for trafficking of Nepalesegirls, women and children to India. Thegovernment of India and Nepal never adopted any serious measures to stoptrafficking.

53

The number of people fleeing to Indiasince February 1 have multiplied. Hadthe people of Nepal were not able to fleeto India and displaced persons wereconfined to Nepal, the refugee and IDPs

camps would have brought attention tothe humanitarian crisis.

51. A Statement by the Asian Human Rights

Commission, Nepalese exodus from impending

disaster cannot be ignored, 14 December 2004

52. Asian Centre for Human Rights, The

implications of the Maoists’ war in Nepal: India

must address its own concerns with the King of

Nepal, 17 December 2004

53 . Ibid

c. The collapse of the state

structure:

The Maoists presently control about70% of the landscape of Nepal andtherefore, the populations living in theseareas. By early 2004, the numbers of police stations in Nepal were reducedfrom 1500 when the Unified Commandtook over in November 2001 to 350.

54In

majority of the police stations outsidethe cities/towns, police usually remain present in the office from 10 am to 4 pm

only to return to the army barracks for safety during the night. Majority of theChief District officers also operate insimilar way.

In this context, the assistance for counter-insurgency and limitations of military solutions must be examined.Independent estimates put the number of US defence personnel working in Nepalat any given time at around 500. Their

principal assignment is to contain theMaoist insurgency in the country. TheUS embassy contests these figures, butdoesn’t deny the presence of anunspecified number of troops on aregular basis for joint trainingexercises.55 In addition, India and UnitedKingdom have been providing suchassistance. The fact that the number of police stations in Nepal has beenreduced from 1500 when the Unified

Command took over in November 2001to 350 at present shows that Nepal doesnot have the capacity to gather



55. THE EAGLE AND THE OX, The Telegraph, 26

March 2004





information about the Maoists.56

Thecounter-insurgency techniques offered by the British, United States and Indianofficials have little value outside of Kathmandu valley or major towns.

d. The collapse of the judiciary:

By December 2003, the courts havevirtually stopped functioning in 19 hilldistrict courts. The number of casesdropped drastically with less than 50cases per year, according to a report of the government’s Judicial Council.Official figures suggested that there wasonly one case at the Accham District

Court, three at Manang and nine at theRasuwa District court in the year 2003.The Mustang District Court did not haveany case to handle in the same year.There were 22 cases at Mugu District, 29at Humla, 21 at Doti, 28 at Baitadi and28 at the Dadeldhura district courts inthe last fiscal year. The respectivedistrict courts in Rolpa Kalikot,Darchula, Khotang, Pyuthan and Rukumdistricts had less than 20 cases to

handle.57

The Supreme Court has alsofailed to inspect the Appellate andDistrict Courts in the country from 2002"owing to bad law and order situation”though it is required to inspect thesubordinate courts every year as per theJudicial Administration Act of 1991 andSC regulations.

58

In March 2005, the Supreme Courtannounced that it was considering

reducing judicial staff. A panel headed by Judge Prem Sharma is presently

reviewing manpower requirement.Presently, there are 12,000 officials incountry’s courts, including 300 judges inall the courts and tribunals. Altogether 19 district courts have less than 40 cases

each, and a dozen appellate court judgesdo not have enough cases. Moreover, people have stopped filing cases for fear of a Maoist backlash. Some judges of thehill district courts have stoppedattending office due to lack of work andfear from the Maoists.59



57. No work in 19 courts triggers judicial rethink,

The Himalayan Times, Kathmandu, 2 January 2004

58. SC judges fail to inspect courts, The Himalayan

Times, Kathmandu, 7 January 2004

e. The collapse of the health care

system:

Nepal has one of the highest maternalmortality rate with reports putting thefigure at under 600 mothers per 1000live births. About 4,500 pregnantmothers die every year in unsuccessfuldeliveries. Over 90 per cent of the babiestake birth at home, with only 13 per centof the deliveries taking place in the presence of a trained health worker.60

In April 2004, the Royal Nepal Army

(RNA) blocked food, medicine andstationary supplies to at least 24 VDCsin Achham.61

Yet, the delivery of health care servicesalso depends on the Maoists.

During the Maoists blockade from 13-26February 2005, the routine vaccination programmes was badly affected after thedrugs supply was cut off following the

disruption of transportation services.Medicine could not be delivered to the

59. Judicial manpower-cutting on cards?, The

Himalayan Times, 9 March 2005

60. Too many Nepali women die during childbirth,

The Kathmandu Post, 25 October 2003


Kathmandu Post, 18 April 2004





hill districts of Terhathum, Khotang,Taplejung, Okhaldhunga, Dhankuta,Sankhuwasabha, Bhojpur, Ilam, Phidimand Solukhumbu. The stock of vaccinesagainst polio, BCG, DPT, measles and

hepatitis B has come near to an end,thereby affecting the regular vaccination programmes, which are conducted in thefirst and last week of every month.62

The Maoists’ blockade also hit the maingovernment Zonal Hospital in thesouthwestern town of Lumbini due tohalt of the supply of oxygen cylindersfrom the capital Kathmandu. Hospitalsources said lack of oxygen prevented

the doctors from performing all but themost serious operations. The LumbiniZonal Hospital issued a notice on 21February 2005 saying it had suspendedoperations due to the shortage of oxygen.63

On 22 February 2005, Maoistsreportedly bombed and set on fire anambulance run by a non-profitorganisation near Khaireni along the

Kohalpur-Lamahi section of theMahendra highway “for defying the blockades.” Prior to the bombing, theMaoists, however, forced the driver Krishna Chaudhari, and Ganesh Kumar Gupta, chairman of Rapti Seva Sangh tocome out of the vehicle.64

On 22 September 2004, the Maoistsdisrupted the measles vaccinationcampaign by detonating powerful bombs

that also destroyed the health post at

Udayapurgadi, north of Gaighat.65 On theevening of 10 August 2004, the Maoistsrebels attacked the Mahendra Hospital inGhorahi in this mid-western Teraidistrict.66 On 8 April 2004, a group of

Maoist rebels attacked an ambulance belonging to Rolpa Red Cross Societywith socket bombs at a place lying between Motipur and Jayapur VDCs inKapilvastu district.67 On 7 March 2004,the Maoists set fire to two privatevehicles carrying medicines and a teamof medics at Chupra bazaar of theBelpata Village DevelopmentCommittee.68

62 . Medicine shortage hits eastern hills, The

Himalayan Times, 25 February 2005

63. Nepal hospitals hit by blockade, The Asian Age,

23 February 2005

64. Maoist bomb an ambulance, The Nepal News,

23 February 2005

The Maoists have prevented the peoplefrom attending the health campsorganised by the RNA in the Far Western region. In June 2003, they havereiterated their call and threatened totake "physical action" against thosedefying their order.69 On 18 September 2003, large groups of armed Maoistrebels reportedly confiscated drugs froma mobile team of health workers fromtwo remote VDCs in north Gorkha

district. The Maoists looted polio andtetanus vaccines from health workers of Samagaon and Lho VDCs borderingTibet, the Chinese autonomous region,around 45 kilometres away from Gorkha bazaar, the district headquarters.70

65. Maoists disrupt measles vaccination, The

Kathmandu Post, 23 September 2004

66

. Maoists open fire inside hospital, TheKathmandu Post, 12 August 2004

67. Maoists attack ambulance, The Kathmandu

Post, 9 April 2004

68. Maoists torch vehicles carrying medicines, The

Kathmandu Post, 9 March 2004

69. Maoists warn against attending army health

camps, The Kathmandu Post, 24 June 2003

70. Maoists loot polio vaccines, The Kathmandu

Post, 20 September 2003





The government simply does not havethe capacity to provide health careservices to the rural areas.

f. Food insecurity

People in Nepal suffer from tremendousfood insecurity and deprivation of their resources by the security forces and theMaoists. In order to prevent food fromfalling into the hands of Maoists, Nepalese security forces often imposefood blockade. They allow only smallquotas of food on a weekly basis. Butthe margins are too small for themerchants to make the dangerous

roundtrip. The banned items include batteries, canvas shoes, cooking oil,instant noodles etc.

The food blockade often hit the innocentcivilians more than the Maoists. Avillager in Pandusen told The NepaliTimes: “'The Maoists come in groupsand force us to feed them at gunpoint.They don’t care whether we haveenough food”. The Maoists also ask for a

grain tax from farmers who have nocash.

71In mid-April 2004, the Royal

Nepal Army blockaded food, medicineand stationary supplies to at least 24VDCs in Achham for a week followingthe RNA air raid in Bhairable area, eastof Khalanga, the district headquarters of Nepalgunj on 12 April 2004. Thesupplies were held back at the districtheadquarters and were not allowed to betransported to Bhairable.72

The Maoists also often impose economic blockade. Following the declaration of emergency on 1 February 2005, the people in the remote hill districts of the

mid-western region suffered from acutefood shortage as the authorities havefailed to supply the required quota of food grains to these districts. Though it’s been quite sometime since the rice

stocks in the food godowns of Jumla,Humla, Kalikot, Dolpa and Mugudistricts have been exhausted, theauthorities are yet to supply the allottedquotas to these districts. Residents of far away villages, who have been coming tothe district headquarters in the hope of acquiring food grains, have to returnhome empty handed. One LokmaniAcharya of Pina Village DevelopmentCommittee (VDC) in Mugu district told

the press that he did not have a singlegrain of food left in his house and hadcome to collect rice but was asked tocome back only after the helicopter brought in the supply. Out of the 5,900quintals of rice allotted by thegovernment to the Mugu district for thecurrent fiscal year, only 2,400 quintalshave actually reached so far.

73

71. The Nepali Times, 28 November 2002


Kathmandu Post, 18 April 2004

During the blockade by the Maoists,

there were reports of severe shortage of essentials commodities such as kerosene,gas and salt in three hilly districts of theeastern region — Ilam, Panchthar andTerhathum. Annual exams in the schoolshave been postponed. More than 50,000students are stranded.74

In mid November 2003, the Maoistsimposed an economic blockade inDiktel, headquarters of Khotang district.

The blockade had adverse impact onDiktel residents. The residents weredeprived of selling their agro-product inexchange for other necessities such as

73 . Acute food shortage in Mid-west, The

Kathmandu Post, 25 February 2005

74 . Nation reels under blockade, The Himalayan

Times, 25 February 2005





salt, kerosene, cooking oil and sundrygoods. Baring a few villages close byDiktel, residents from the rest of theVillage Development Committees(VDCs) were unable to carry their goods

for sale to the district headquarters.Maoists had placed public notices inseveral places asking villagers not tocarry any goods to Diktel. The rebelshad also sealed the points from whereimported goods get through to Diktel.Maoists had also confiscated goods being carried to Diktel in places such asRasuwaghat and Salle of Udayapur andBatase Ramailo, Tuwakhola,Bhandaretar and Regmitar of Khotang.75

In October 2003, the Maoists insurgentsimposed an embargo on food supply aswell as transportation of other commercial items into the districtheadquarters, Mangalsen, andSanfebagar. 75 Village DevelopmentCommittees not only faced the shortageof food, but also were deprived of other basic materials of everyday use. After the enforcement of the blockade by

Maoists, all foodstuff and other commodities such as rice-grain, salt,sugar and kerosene had been blocked atDhangadhi of Kailali. As a result, thelocals were forced to maintain their sustenance through the consumption of maize commonly available there, as their daily staple, which they had to procure atvery high prices. Previously, maize-seedwould cost around seven rupee for oneMana (about half a kg), but after the

imposition of embargo, the prices wentupto Rs. 35.76

75. Maoists impose economic blockade at Khotang,

The Kathmandu Post, 25 November 2003

76. Maoist-controlled far-western Achham faces

food shortage, The Kathmandu Post, 29 October

2003

g. The collapse of the

educational system

The right to education has been seriouslyaffected by the armed conflict. There are

two kinds of educational systems in Nepal – one run by the government andthe other by the Maoists, known as Janabadi Sikshya (people’s education).Many schools have turned into military barracks of the RNA.

In May 2004, the Maoists preventedhundreds of newly appointedschoolteachers from teaching in schoolsuntil they become familiar with the

Maoist education system. The teacherswere not allowed to join their dutieseven if they have passed the teacher licensing exams and have obtainedappointment letters. Approximately7,000, out of the 14,500 teachers, whohave passed the licensing examinationsconducted by the Teachers’ ServiceCommission could not join duty due toMaoist opposition. The Maoists insistthat their Janabadi Sikshya (people’s

education) be made part of the schoolcurriculum and that teachers get trainingon it first.77

The Maoists resort to abduction of theteachers to familiarize the teachers onthe Maoists’ education policy.According to Chuman Singh Basnet,Director General at the Department of Education, by May 2004, a total of 136teachers have lost their lives in the on-

going Maoist conflict while another 200have left for urban centers seekingsafety. On 19 May 2004, the Maoistsreleased 100 teachers in Sarlahi after their abduction. The abducted teachershad been taken to Parbanipur VDC and

77. Maoists bar teachers from joining schools, The

Kathmandu Post, 20 May 2004





given one-day-long training on JanabadiSikshya in the presence of hundreds of heavily armed Maoists.78

Defying bandh called by the Maoists or

its students front, All Nepal NationalIndependent Students Union-Revolutionary (ANNISU-R), attractviolent actions.

After proclamation of emergency on 1February 2005, the Maoists also imposedan indefinite educational bandh inBardiya and Chitwan districts. A total of 371 schools have been closed in Bardiyadistrict following the Maoist threats. The

Maoists have reportedly instructed theteachers and students to boycott classesuntil further notice. The Maoists’ diktatcame a month before the School LeavingCertificate examinations and over 100,000 students in Bardiya district have been affected. In Chitwan district, over 70,000 students belonging to 240schools (private and public) have beenaffected by the Maoists’ educational bandh. The Maoists reportedly abducted

over 200 students and teachers fromBhumadevi Secondary School at DeuraliVDC in Nuwakot district.79

Even schools in Nepalgunj reportedlyhave come under attack. On the night of 14 February 2005, the Maoistsreportedly bombed and destroyed sixschools - Ratmata Secondary School,Solawang Secondary School, KailideuLower Secondary School, Thurpunge

Lower Secondary School, DangdungePrimary School and GaradhungaPrimary School in Musikot, the districtheadquarters of Rukum. This has left the

students and the teachers terrorized.Some 50 candidates for the upcomingSchool Leaving Certificate (SLC) examswould be immediate victims.80

78. ibid

79 . Maoists shut schools in Bardiya, Chitwan;

abduct students in Nuwakot, The Nepal News, 26

February 2005

Scores of girls could not sit for thenursing examination, which wasconducted at Nepalgunj on 19 February2005. They could not reach Nepalgunjdue to absence of transport due to the blockade.

81

On 20 February 2005, the Maoistsdetonated explosives in several schoolsincluding Mahendra High School,Modern Public School, Mangal

Secondary School, Chandra MewalalSecondary School and Bheri TechnicalSchool,82 for having defied their “educational strike”.83

In April 2004, over a dozen schoolsincluding Sita Ram Higheer SecondarySchool, Latamandau Lower SecondarySchool, Radha Krishna SecondarySchool and Gora Primacy School in Dotiwere closed due to Maoists abducting

the teachers and students. Many teachersand students fled the area to escapeabduction.84

On 1 May 2004, more than a dozenstudents, including girls, of BidyaMandir Higher Secondary School atBinayak Achham district reportedly fledto India due to continued atrocities perpetrated both by the security forces

80. Rebels destroy six schools, SLC students

affected, The Kathmandu Post, 20 February 2005

81 . Bands, blockades cripple life, The Kathmandu

Post, 20 February 2005

82. ibid

83. Maoists rule Nepal highways, The Telegraph, 23

February 2005

84. Maoist action leads to schools’ closure, The






and the Maoists aftermath of the aerial bombings by security forces on 12 April2004. Owing to violence, the number of students in schools in Darchula, Baitadi,Dadeldhura, Bajhang, Bajura, Achham

and Doti districts has gone down by 15 per cent as compared to previous years.85 Fear of being picked up by the Maoistsled to the students of Mudbhara leavingtheir village to join the schools in the

district headquarters.86

In May 2004, the Maoists shut down sixgovernment schools in Baglung districtafter issuing a threat to lock all private,community and boarding schools of the

district on the ground that education was being commercialized and schools werecharging exorbitant fees. The schoolsthose were shut down included PrabhaSecondary School of Burtiwang andGyanendra Lower Secondary School.The Maoists also reportedly blasted a bomb at Prastavit Secondary School,Kusmishera, for holding classes.87

On 9 June 2004 at 4.30 am, at least 20

armed rebels stormed the Modern IndianSchool and exploded a bomb at Chovar,about 10 kms south of Kathmandu for defying a strike called by the rebels.Two rooms and 46 computers of theschool were completely damaged by theexplosion.88 The indefinite educationalstrike was called by the Maoists’ studentwing, ANNISU-R demanding reductionof fees in private schools by 29 per cent,25 per cent in higher secondary schools,

free education in community schools andwithdrawal of the terrorist tag attachedto it.89

85. Violence-hit schoolkids flee Nepal, The

Himalayan Times, 3 May 2004

86. Maoist fears see students flee village, The


87. Maoist force closures of 6 govt schools, The

Himalayan Times, 17 May 2004

88. Maoists attack Indian-run school in Nepal, The

Central Chronicle, 10 June 2004

On 11 June 2004, over five-dozen

teachers of 13 primary and lower secondary schools, one secondary schooland two Sanskrit schools of DevghatVDC in Narayangarh were reportedlyabducted by the Maoist rebels for training on Janababi Shiksya. Allschools faced indefinite shut down.90

The Jana Jyoti Secondary School,Kunathari, in western Surkhet was shutdown since 23 June 2004 after the

Maoists' student wing, ANNISU(R)threatened the school administration toreturn the admission fee and monthly feeto the students.91

On 17 July 2004, the ANNISU-R shutdown 47 private schools in Jhapa for allegedly operating without the permission of the District EducationOffice of the Maoists. The closure hadaffected over 15,000 students.92

Over half-a-dozen boarding schools inPhidim were closed for indefinite periodfrom 31 August 2004 due to the fear of increased Maoist activities. Mechi, Naya Namuna, Nilkantha, Balkiran,Vidyabardan and Nava Jyoti boardingschools were shut down.93

89

. Maoist strike hits schools nationwide, TheHimalayan Times, 7 June 2004

90. Schools shut after teachers’ abduction, The

Kathmandu Post, 13 June 2004

91. Maoist threat leaves school closed, The

Himalayan Times, 27 June 2004

92. Rebel students close 47 private schools, The

Kathmandu Post, 18 July 2004

93. Phidim schools shut due to Maoist fear, The

Himalayan Times, 2 September 2004





On 5 September 2004, the ANNISU-R called an indefinite educational strike.The strike directly affected some150,000 school and college students – 100,000 in Makwanpur and 50,000 in

Tanahun. Likewise, over 700 public and private schools in Tanahun district wereclosed down indefinitely.94

ANNISU-R called an indefiniteeducational strike from 10 September 2004. Over 100 schools in Udaypur district were closed down and it affectedover 40,000 students. All the educationalinstitutions in Kailali district were shutdown from September 13, 2004 due to

the strike called by ANNISU-R. At least43 schools in Ramechhap districtremained shut down from September 17due to the indefinite strike called by theMaoist-aligned All Nepal Teacher’sOrganisation. Over 10,000 students wereeffected by the closure.95

h. The use of child soldiers

There have been credible reports of the

Maoists recruiting child soldiers. TheMaoist-aligned student wing All Nepal National Independent Students' Union-Revolutionary (ANNISU-R) has beenresponsible for forcing school studentsof the Kathmandu to take itsmembership. According to KarnaBahadur Shahi, president of NationalPrivate and Boarding SchoolsAssociation Nepal (N-PABSAN), theANNISU-R activists storm into the

schools and force students of classeseight, nine and ten to take their membership and if any school tries to

resist, they threaten the management.96 Intwo days i.e., 13 and 14 November 2003,the Maoists allegedly forcibly mobilizedaround 1,000 students from severalschools of Achham district for

"organisation expansion.” The abductedstudents comprised of the nine grade andabove mostly from the Jalapa Devi andBidhya Mandir higher secondary schoolsand schools of Raniban, Dhakari, Toli,Binayak, Koika VDCs.97 Another 200teenage students have allegedly beenabducted by the Maoists from Nandeswari Secondary School andBindeswari school in Achcham districton 4 December 2003.98 Many school

children from remote Mugu district havereportedly fled their homes to some safer places to escape Maoist recruitment of youth and school children as their partycadres. Some of these children areworking as dishwashers in hotels whileothers are engaged in other manuallabour .99

94. ANNISU-R strike affects hundreds of schools,

colleges, The Kathmandu Post, 6 September 2004

95. No sign of Udaypur schools’ reopening, The

Himalayan Times, 21 September 2004

2.4 The justification for

international intervention

The World Bank has suspended US$ 70million budgetary support for the currentfiscal year under the Poverty ReductionStrategy Credit (PRSC)-II, albeit for financial reasons - extremely slowimplementation of agreed reformmeasures.

100While Denmark and

Switzerland have suspended their

96

. Maoists forcing students to join ranks, TheKathmandu Post, 20 June 2003

97. Thousand students abducted? The Himalayan

Times, 15 November 2003

98. 200 schoolkids abducted: Official, The

Himalayan Times, 6 December 2003

99. Schoolchildren flee Maoist recruitment, The

Kathmandu Post, 16 December 2003

100. IMF may follow suit WB to suspend $ 70m aid,

The Kathmandu Post, 26 February 2005





programmes due to security reasons,Japan and India have agreed to continue providing humanitarian aid. 101

While restoration of multi-party

democracy and democratic freedoms is sine qua non, it cannot guaranteeeconomic reforms or security toundertake humanitarian anddevelopment activities.

102International

community must accept the reality of thehuman rights and humanitarian crisis in Nepal.

The resolution of the Maoist problem isfundamental for addressing human rights

and humanitarian law violations in Nepal. When the negotiation betweenthe government of Nepal and theMaoists failed in August 2003, domesticinterlocutors had little influence either on the government or the Maoists.Drawn from civil society activists or former political leaders, they serve asmere messengers. The talks held in 2001and 2003 never reached beyond thediscussion on the agenda. It is essential

that international mediators who haveleverage over the Maoists and thegovernment are involved in the process.

The United States has expressed fear thatthe Maoists may come to power and “thehumanitarian ramifications of such aregime would be immense, reminiscentof the nightmare brought uponCambodia by “Pol Pot”.103 While theMaoists have been responsible for gross

violations of humanitarian laws, creating

phobia about a “Pol Pot” regime mustnot be at the cost of condoning theviolations being committed by KingGyanendra. Unless internationalcommunity intervenes to resolve the

Maoists problem, Nepal is likely to become another “Killing Fields” akin toPol Pot’s Cambodia.104 The killings inKapilvastu district from 17-23 February2005 are a clear testimony.

105

101. nepalnews.com pd Mar 12 05

102. Punish human rights violators, says NHRC, The

Himalayan Times, Kathmandu 13 March 2004

103. Statement of Donald Camp, Deputy Assistant

Secretary of State before the U.S. House of

Representatives Committee on International

Relations in Washington D. C. on 2 March 2005.

It is essential to realize that the Maoistscontrol 70% of the territory. Nepal’s problem cannot be resolved by ignoringthe Maoists. In fact, delivery of humanitarian assistance in the rural areas

where it is desperately needed, requiresome kind of agreement with theMaoists. If the international communitycan engage with the Liberation Tigers of Tamil Eelam (LTTE) in Sri Lanka, thereis no reason as to why it should notengage with the Maoists to ensure thatthe Maoists too comply withinternational human rights andhumanitarian law standards.

The restoration of democracy seized byKing Gyanendra must entail theframework where over ground political parties of Nepal are able to engage innegotiation with the Maoists to find peaceful solution to the gravesthumanitarian crisis in South Asia.

104.http://news.bbc.co.uk/1/hi/world/south_asia/

4325015.stm

105. NHRC member prevented from traveling, The






3. Human rights violations since

1 February 2005 Since the declaration of emergency on 1February 2005, King Gyanendra has

unleashed a reign of terror on the political activists, peacefuldemonstrators and their incommunicadodetention and arrest of human rightsdefenders, journalists, student leaders,academics, women rights activists, tradeunionists etc. King Gyanendra has givencarte blanche for the gross human rightsviolations through the ban on humanrights monitoring and on press freedomand by bringing the Supreme Court

judges under the purview of the RoyalCommission on Corruption Control(RCCC).

3.1 Repression on the political

activists

It is clear that prior to the seizure of power, King Gyanendra prepared a listof persons to be arrested and detained prior to the declaration of emergency.Majority of these leaders were either arrested or put under house arrest.

The King subsequently banned all political activities and “direct or indirect” criticism of security forcesengaged in fighting Maoistinsurgency.106 No meeting, conference,workshop or interaction programmewhich “undermine the Kingdom’ssovereignty and integrity, disturb the lawand order of the country or cause anyadverse effect on the current state of emergency” can be held in Nepal.

107

106. Nepal bans criticism of armed forces, The

Tribune, 8 February 2005

107. King lifts curbs on meetings, The Economic


While Prime Minister Sher Bahadur Deuba was released on 11 March 2005,at least 21 political activists includingformer minister and Nepali Congress

leader Mohammad Aftab Alam, werearrested by police in Gaur, Rautahatdistrict on 12 March 2004.108 Thegovernment has reportedly released 50 political detainees but refused to divulgethe precise number of political detainees.Over 500 political activists havereportedly been arrested so far; and thenumber of political detainees has beenincreasing everyday.

On 4 March 2005, the government of Nepal extended the house-arrest-term of six senior political leaders by twomonths, including those of NepaliCongress President Girija PrasadKoirala, CPN-UML General SecretaryMadhav Kumar Nepal, UML StandingCommittee member Bharat MohanAdhikari, Peoples’ Front of NepalsChairman Amik Sherchan and NC(Democratic) central leader Purna

Bahadur Khadka.109

The governmenthad already provided three-monthdetention orders to most of the 450leaders and cadres detained on variousdates since February 1.

110

Telephone lines of about two dozensleaders still remain cut off, includingthose of Nepali Congress PresidentGirija Prasad Koirala, CPN-UMLGeneral Secretary Madhav Kumar

Nepal, People’s Front Nepal leader Amik Sherchan, Nepal Workers andPeasants Party Chairman Narayan ManBijukchhe, Youth leaders Binod

108 . nepalnews.com mbk Mar 12 05

109. Govt extends house arrest of leaders, The


110. Ibid





Kayastha, Gokarna Bista and GaganThapa, Kathmandu NC leaders TirthaRam Dangol, Bhimsen Das Pradhan,Bhaktapur NC leader Lekhanath Neupane, WPP leader Prem Suwal, PFN

leaders Lila Mani Pokharel andGhanashyam Poudel.

111Hundreds of

political activists remain under housearrest or in prisons under the PublicSafety Act.

While the King freed about 150 inmates,mainly convicted criminals, fromdifferent prisons across the country onthe occasion of 55th National DemocracyDay on 18 February 2005,112 over one

hundred activists of Nepali Congress andother opposition parties were detainedfrom all over the country for carryingout peaceful demonstrations in favour of peace and democracy.113

Chronology of arrest

On 8 March 2005, over 200 politicalactivists including senior party leaders,former Members of Parliament and party

central working committee members,were arrested for defying orders issuedunder the state of emergency inKathmandu, Pokhara, Tanahun, Chitwanand Dhangadhi.

114Nearly two dozen

activists including CPN (UML) leader Ms Bidya Bhandari, Nepali Congress(Democratic) leaders and former ministers Tek Bahadur Chokhyal, MrsBhim Kumari Budha Magar and former lawmaker Krishna Kishore Sharma

Ghimire were arrested by police whiledemonstrating in Ason-Bhotahity area inKathmandu in the afternoon.115 Other arrested included former ministers KhemRaj Bhatta Mayalu of NC (D), former

state minister Sushila Swar of NC (D),former assistant minister BachaspatiDevkota, Chandra Bhandari, GovindaKandel, Amia Raj Yadav, Nirmal Kumar Pudasaini, Khagendra Bhandari, leadersof the NC (D) Rudra Mani Bhandari,Dirga Raj Bhat, Ganesh Shahi, BadriChaulagain, Damber Kumari Bhatta,Anand Dhungana and a few studentleaders.116 Over 130 political activistswere detained in the southern town of

Janakpur,117

35 demonstrators inTanahun, 22 in Pokhara,118 7 inDhangadi and 28 in Narayangad inChitwan119 while taking part in peacefuldemonstrations.

111 . Phone lines of leaders cut, The Kathmandu


112 . 150 inmates freed, The Kantipuronline, 18

February 2005

113 . Over hundred opposition activists detained,

nepalnews.com, 19 February 2005

114 . Over 100 held for defying Emergency orders,

The Himalayan Times, 9 March 2005

On 6 March 2005, security forcesarrested four student leaders. While InduSharma, President of Nepali Congressaligned Nepal Students Union (NSU),Govinda Gautam and Madhu Mishra

were arrested from Saraswati CampusUnit, Asta Kumar Sahi was arrestedfrom his house at Bagbazaar.120

On 4 March 2005, the security forcesreportedly arrested the CPN (Maoist)district leaders Surya Nath Yadav aliasSubash, Ashok Mandal alias Amar and

115. Over 200 protesters held, The Nepal

News.com, 9 March 2005

116

. Over 100 held for defying Emergency orders,The Himalayan Times, 9 March 2005



118. Parties stage protests, hundreds arrested, The


119. Hundreds arrested on first day of five-party

protests, The Kantipur online.com, 9 March 2005

120. Student leaders detained, The Kantipuronline,

7 March 2005





Sudan Rai from a house at Kachanahiarea of Saptari district. Security forcesclaimed to have recovered a Chinese pistol, bullets and cordless phones fromthe Maoist leaders. Security forces also

reportedly arrested Birbal Yadav andDharma Nath Yadav, two district leadersof Terai National People's Front, a Terai- based underground insurgent group, inSarlahi.

121

On 3 March 2005, at least 7 NepaliCongress cadres including Centralcommittee member of NC, BaldevSharma Majgainya, Ram ChandraKhadka, Lokesh Dhakal, Jhapat

Bhandari, Keshav Chalise, RajendraWagle and Vedraj Lama were arrestedfrom Ason, Kathmandu where they wereholding a public demonstration.122

About a dozen of CPN-UML cadresincluding former Members of ParliamentKamal Koirala and Rajendra Lohani,General Secretary of All Nepal NationalFree Students Union Thakur Gaire andKathmandu district Committee member

of the party Bashanta Manandhar werealso arrested on 3 March 2005 at a protest rally near Ason in Kathmandu.Saroj Kafle and Pradip Humagain,student leaders affiliated with NepalStudents Union were also arrested atAson.123

One 2 March 2005, more than 12 studentactivists of five students’ unions havingallegiance to Nepali Congress, CPN-

UML, Nepali Congress-D, People’sFront Nepal and Nepal Sadhbhawana

Party (Anandevi faction) were arrested by the police from various campuses inKathmandu valley for staging protestdemonstrations demanding earlyrestoration of peace and democracy.

Those detained from Pashupati Campushave been identified as Suraj Khada,Chandra Mani Khatiwada, ArjunShahjan, Ravi Bista and Dolraj Sharma.The identity of student leadersapprehended from other campusesincluding Trichandra Campus could not be verified.124

121. Three Maoist district leaders arrested, The

Nepal News, 8 March 2005

122. Majgainya among NC cadres arrested, Kantipur

Online, 4 March 2005

123. Over dozen protesters arrested, The


Of the 31 CPN-UML activists arrestedfor demanding early restoration of

democracy in Kaski on 1 March 2005,four activists identified as RabindraAdhikari, Sri Nath Baral, Man Bahadur GC and Rajiv Pahari were reportedlysent for three months jail under PublicSafety Act. The rest were released

125.

On 27 February 2005, police arrested 17cadres of the Nepali Congress across thecountry, as they staged protestdemonstrations demanding the

restoration of peace and democracy.Sirjana Adhikari, a central member of Nepali Students’ Union, and MediniSitaula, a former NSU vice-president,were arrested from Kathmandu. Eight NC activists were arrested in Parsadistrict while NC District PresidentRaghu Paudel and Purushutam Kaflewere detained in Tanahun district.

Five

NC activists NC district chief ChandraSingh Bhattarai were arrested in

Dhangadi while taking out a protestrally.126

124. 12 students arrested from various Valley

campuses, Kantipur Online, 3 March 2005

125. DAO releases Trade Union leader, The


126 . 17 NC protestors detained across Nepal, The

Kantipur Online, 1 March 2005





On 23 February 2005, an elderly leader of NC, Bhaktapur Tilak PrasadKayastha, was arrested.

127

On 20 February 2005, security personnelarrested nine workers of the NepaliCongress (NC) including two womenmembers and Poshanath Sharma, Kaskidistrict secretary in Pokhara.

128

Eight activists including former Member of Parliament Hari Bhakta Adhikari,Meena Pandey of women’s wing of the Nepali Congress (NC) and leader of NC’s student wing Keshav Poudel were

arrested in Kathmandu while taking outa rally demanding restoration of democratic rule. About three-dozencadres of Nepali Congress and NepalSadbhavana Party (NSP, Anandi Devi)were rounded up by police in Janakpur in eastern Nepal. Eight leaders includingformer Members of Parliament AnandaPrasad Dhungana and Smriti NarayanChaudhari were arrested in the morning,along with six others. Former mayor

Brishesh Chandra Lal and NSP districtChief Ram Govinda Ray were arrestedfrom near their party offices. In Pokhara, police intervened at a protest rallyorganized by Nepali Congress andarrested 15 cadres including Upper House member Shukra Raj Sharma. InTanahun, Nepali Congress leader RamChandra Pokharel was picked up by police from a rally. In Dhangadhi, NCcentral member Sunil Kumar Bhandari

was arrested along with 10 others. Nine persons, including Nepali Congress Dotidistrict chief Yagya Raj Pathak, were

arrested in Dipayal.129

Besides them,Mukti Prasad Sharma from Kathmandu,former NC MP Dr. Gopal Koirala fromJhapa and former NC legislator Puskar Ojha from Kanchanpur were detained.

Ms. Ram Kumari Jhakri, a UML activist,was also detained.

130 Police also

detained former NC lawmaker Shivadhari Yadav in southern town of Janakpur. Former MP Basudev Bhattaand Surendra Bista were detained inMahendranagar while staging peacefuldemonstrations. Police have detainedfour activists affiliated to NepaliCongress (Democratic) including district president of the party, Hari Rajoure.131

127 . Phone lines of leaders cut, The Kathmandu


128 . 128. 9 NC cadres arrested, The Kathmandu


Other Nepali Congress leaders andactivists arrested on 18 February 2005include Rajan Dahal, Dr Krishna PrasadDahal, Satya Raj Bhandari, KamalBahadur Khatri, Hari Kumar Koirala,Ram Kumar Mulmi, Jagadish Kuinkel,Sarita Ban, Keshav Poudel, PradipKhadka, Bishal Regmi, Mani Raj Regmi,Ram Prasad Kafle, Ram Bahadur Bista,Bharat Raj Bhandari, Lab Shri Neupane,

Dipak Poudel, Mukti Prasad Sharma, JitBahadur Puri, Rajendra Dhital, Kumar Khadka, Bal Chandra Poudel, GopalSubedi, Hari Khadka, Prabhat Ale andRajendra KC.

132

On 17 February 2005, Lalitpur DistrictPresident of Nepali Congress Jagat RajShakya was picked up by security forcesfrom his residence at Patan.133

129

. Protests, arrests mark Democracy Day, TheKathmandu Post, 19 February 2005

130 . Dozens of activists detained, nepalnews.com,

18 February 2005

131 . Over hundred opposition activists detained,

nepalnews.com, 19 February 2005

132 . NUTA demands release of professors, others,


133 . CWIN chief arrested, The Kathmandu Post, 18

February 2005





On 16 February 2005, security personnelarrested Nepali Congress (NC)Spokesperson Arjun Narsingh KC and NC leader Meena Pandey from the party

office at Sanepa. The NC Spokespersonwas reportedly arrested while he wasaddressing a press meet called toannounce launching of a peacefulagitation by major political partiesagainst the royal takeover.

134

On 15 February 2005, three NepaliCongress workers —Raghubar Bhatta,Lok Raj Bhatta and Ganesh DattaBhatta— were reportedly arrested by the

security forces at the districtheadquarters of Dadeldhura. All of themare district-level workers of the party.

135

All Nepal National Free Students’ Union(ANNFSU) leader Ram Kumari Jhankriwas arrested on 18 February 2005.136

The government also arrested about half a dozen academicians "without anyreason". Nepal University Teachers’

Association (NUTA) demanded their immediate release. Those arrestedinclude academician former NUTAPresident Khagendra Bhattarai,Professor Lok Raj Baral, Professor Soubhagya Jung Karki, Professor ManBahadur Bishwokarma, Dr KrishnaPrasad Dahal, Ramakanta Sapkota andJagannath Khatiwada.

137

134. Two NC leaders detained, The Kantipuronline,

17 February 2005

135. Kantipur correspondent and 3 others under

arrest, The Kantipuronline, 17 February 2005

136. Ibid

137. NUTA demands release of professors, others,


On 8 February 2005 at around 8 am,security personnel arrested former mayor of Dharan Municipality, Manoj Kumar Meyangbo from his residence. Policealso arrested CPN-UML cadres Pradeep

Bhandari, Murari Subedi and Rajkumar Rai and members of Nepal StudentsUnion (NSU) Shyam Pokhrel, BasantaRai and Bikash Acharya.138 On the sameday, the security personnel also arrestedAssistant District Secretary of the CPN-UML, Bikash Lamsal from his rentedapartment in the district headquarters of Parbat. He was arrested on charges of possessing documents that allegedlydenounced the royal proclamation.139

On 5 February 2005, student leadersKalyan Gurung, Rajendra Rai, KundunKafle, Roop Narayan Shrestha and GuruGhimire were arrested.140

On 4 February 2005, 21 pro-democracy protestors including the Nepali Congressleader Ganga Dutta Joshi, who werearrested earlier from Mahendra Nagar,were reportedly moved to the

Kanchanpur prison. They were detainedunder the Public Security Act.

141On the

same day, former Works and PhysicalPlanning Minister Mr Prakash ManSingh, former Agriculture Minister Mr Homnath Dahal, former EducationMinister Mr Bimalendra Nidhi andformer Minister of State for ForeignAffairs Mr Prakash Mahat andspokesman of Nepali Congress(Democratic) Mr Minendra Rijal were

arrested on alleged corruption charges.

138. Former mayor, students arrested, The


139. CPN-UML cadre arrested, The Kathmandu Post,

10 February 2005

140. Email message from Nepal.

141. Tales of torture, abuse in Nepal, The Times of

India, 7 February 2005





They were holding a meeting at the partyoffice in Maharajgunj area of Kathmandu.142

On 2 February 2005, the General

Secretary of Nepali Congress, SushilKoirala, along with over a dozen political activists, was arrested from Nepalgunj.143

On 1 February 2005, senior NepaliCongress leader and former DeputyPrime Minister Ramchandra Poudel wasarrested from Tanahun.

144On the same

day, 35 pro-democracy protestorsincluding Amod Upadhyaya and Ashok

Koirala, Nepali Congress leaders, andGuru Baral and Naresh Pokharel, CPN(UML) leaders, were reportedly arrestedfrom Biratnagar. They were reportedlymoved to prison on 4 February 2005after having been charged under thePublic Security Act.145

On 1 February 2005, 15-20 studentswere arrested and were reportedly hitwith the butts of guns during a protest

against the state of emergency. At 10 pm, security forces went to the Prithivi Narayan University hostel and took 150-200 students into custody. When 59students were released in the afternoonof 2 February 2005 after the university'scampus chief intervened on their behalf,they claimed they had suffered "extremetorture" during their detention.

146

The conditions of the detainees are not

known. A few dozen political leaders

who had been detained at the ArmedPolice Headquarters, Halchowk,Kathmandu were reportedly blind-folded, put into army vehicles withopaque glass windows, taken to

Tribhuwan airport, and from there flownto Kakani and Panchkhal barracks in ahelicopter.147 Most of the detainees are being held incommunicado. On 1 March2005, US Ambassador to Nepal, James FMoriarty was prevented from meeting Nepali Congress President Girija PrasadKoirala, who is under house arrest. Thiswas the second time that Ambassador Moriarty had been denied access toKoirala since 1 February 2005.148

142.4 ex-ministers held for corruption, The Asian

Age, 6 February 2005

143. Email message from Nepal, 5 February 2005


145. ibid

146. Tales of torture, abuse in Nepal, The Times of

India, 7 February 2005

3.2 Ban on human rights

monitoring

King Gyandendra did not launch directassault on the human rights defenders but adopted a policy of arresting onlythose who oppose the proclamation of emergency. On 10 February 2005, asmany as 11 human rights activistsnamely Suresh Chandra Pokharel, vice

president of Human Rights and PeaceSociety (HURPES), its treasurer Balaram Aryal, HURPES members Narayan Dutta Kandel, Laxmi Acharya,Suman Shrestha, Jayram Basnet, JivlalKharel, Laxman Acharya, HiralalAcharya, Balram Neupane andrepresentative of the HumanDevelopment and Peace Campaign,Basudev Devkota were arrested by thesecurity forces from Kathmandu on the

charge of protesting against the royal proclamation.149 On 14 February 2005,these human rights activists were


148.http://www.kantipuronline.com/kolnews.php?&

nid=33085

149. Rights activists, journalist arrested, The






released.150

However, Krishna Pahari,President of Human Rights and PeaceSociety (HURPES) continues to remainunder detention since 9 February 2005.

The government of Nepal, however, haseffectively banned monitoring of humanrights violations by detaining mosthuman rights activists in Kathmanduvalley. About 200 leaders of variousorganizations and occupations includingPadma Ratan Tuladhar (former minister), Krishna Pahadi, Daman NathDhungana (former Speaker), GopalShiwakoti "Chintan", Dr Gopal KrishnaShiwakoti, Dr Mathura Prasad Shrestha

(former minister), Sushil Pyakurel(member of National Human RightsCommission), Subodh Pyakurel, GauriPradhan, Prof Kapil Shrestha (member of National Human Rights Commission)and Dr Arjun Karki. Nilambar Acharya,Prof Krishna Prasad Khanal, Prof Krishna Hachhethu, Prof Om Gurung,Prof Krishna Bhattachan, ShyamShrestha (editor of Mulyankan monthly),Laxman Prasad Aryal (former Supreme

Court Justice), Sindhu Nath Pyakurel(former president of Nepal Bar Association), have reportedly beenrestricted from leaving the KathmanduValley.

151

After the Supreme Court upheld therestrictions on the freedom of movement, monitoring of human rightsviolations by the NGOs and NHRC hascome to a halt. On 3 March 2005, former

Speaker and member of the 1990Constitution Drafting Committee,Daman Nath Dhungana moved theSupreme Court questioning the legalityof travel restriction imposed on him by

the authorities. Senior Advocate himself,Dhungana was scheduled to leave for theUnited States on March 8 to deliver aguest lecture at a university based inCalifornia. The Registrar of the Supreme

Court rejected the petition citing thesuspension of Article 23 that guaranteesright to constitutional remedy in the

ongoing State of Emergency.152.

150. Govt frees more leaders, human rights

activists, The Nepalnews, 15 February 2005

151. Ibid

On 5 March 2005, security forces barreda team of the National Human RightsCommission (NHRC) consisting of Sushil Pyakurel, Dr Gauri Shankar LalDas and head of NHRC’s ProtectionDivision Yagya Prasad Adhikari from

investigating the alleged human rightsviolations in Kapilabastu district. Theyhad to return from TribhuvanInternational Airport as Sushil Pyakurelis under valley detention. This is despitethe fact that NHRC had earlier informedthe Home Ministry and all concernedauthorities about the team’s visit toKapilvastu.153

On 26 February 2005, Subodh Raj

Pyakurel, Chairperson of InformalSector Service Center (INSEC) was prevented from traveling to Nepalgunjwhere he was supposed to conduct atraining workshop on humanitarian lawsfor security persons located in the Mid-Western Development Region. This isdespite the fact that it was the securityforces who requested to hold the trainingworkshop.

On 24 February 2005, security officialsat the immigration department inKathmandu did not allow Dr OmGurung, general secretary of the Nepal

152. Dhungana moves Supreme Court, The


153 . NHRC member prevented from traveling, The






Federation of Indigenous Nationalities tofly to Kolkata from TribhuvanInternational Airport. Dr Gurung wasscheduled to participate in regional preparatory meetings of the 4th session

of the United Nations Permanent Forumon Indigenous Issues being held in India.Gurung was leading a 25-member delegation representing about 25organisations of indigenous communitiesin Nepal. All delegates had to canceltheir flights due to the uncalled-for action of the security forces.154

On 21 February 2005, former SupremeCourt Justice Laxman Aryal was also

stopped at the Airport at the eleventhhour. He was about to fly to Mumbai toattend a regional conference on women’srights and anti-trafficking organized bySouth Asian Regional EquityProgram.

155

The government has also intimidatedthose who dare to speak against theemergency outside the country. On 17February 2005, Gauri Pradhan, a human

rights activist and founder president of Child Workers in Nepal ConcernedCentre (CWIN), was arrested by the police without any reason upon hisarrival at Tribhuvan InternationalAirport, Kathmandu. Pradhan wasreturning home after taking part inmeetings related to child rights held inthe Netherlands and Geneva.

156On 22

February 2005, the Supreme Courtordered the government to produce

Gauri Pradhan before the court on 28February 2005 in response to a habeas

corpus petition filed by his wife.157

Hewas released on 28 February 2005following a Supreme Court order.158 However, after the release, some plain-clothes security personnel followed him

and took him into custody at Maitighar.They dragged him out of his car andwhisked him off to Singhadurbar WardPolice Office. It was not clear whether he has been threatened with direconsequences. He was later released.

159

154. Janajatis’ top leader barred from flying to

India, The Himalayan Times, 25 February 2005

155. Travel restriction troubles those on the list,


156. CWIN chief arrested, The Kathmandu Post, 18

February 2005

Similarly, academic Professor Lok RajBaral and journalist, Kanak Mani Dixitwere arrested apparently for speaking inIndia on the royal takeover.

At 10 pm on 8 February 2005, SukharamMaharjan, Vice President of HURONKirtipur Chapter and resident of Kirtipur municipality ward no 6, Kathmandudistrict was taken away by 5 security personnel in civil dress from hisresidence. His whereabouts are presentlyunknown. Three persons, who identifiedthemselves as security personnel, cameinside the house, as other two stood

outside. After asking his identity, theytook him away without explaining thereasons for his arrest.160

3.3 Ban on press freedom and

freedom of expression

Among the human rights defenders, journalists have been facing the mostserious repression from King

157. Court orders govt to produce Pradhan, The


158. Govt to regulate HR groups, The


159. SC releases Pradhan, The Kathmandu Post, 1

March 2005

160. Source, email from International Commission

of Jurist, Geneva, on 9 February 2005 quoting

informed sources of Amnesty International.





Gyanendra. In addition, hundreds of journalists have lost their jobs followingthe ban on broadcast of news on FMradio channels and closure of manynewspapers.161 On 20 February 2005,

International Federation of Journalistsstated that at least 600 journalists havelost their jobs since February 1.162 Conditions have further deterioratedwith the suspension of grants given inthe form of advertisements.

Journalists are not even allowed to take photographs. Police detained AshishSarraf ‘Nikki,’ a photojournalist whilehe was taking pictures of the

demonstration in Janakpur on 8 March2005.163 On 18 February 2005, securityforces reportedly snatched cameras from photojournalists Suman Dahal of Annapurna Daily and TribhubhanPoudel of a local Hotline Daily while they were taking pictures of the protestmarch in Pokhara.164

Immediately following the declaration of emergency on 2 February 2005, the

editors of several papers including The Kathmandu Post and The Kantipur dailywere summoned by the Principal PressSecretary of the King and told that “thecountry is under martial law” andwarned that the editors may faceconsequences. All the media – print or electronic are being censored by theRoyal Nepal Army.

165On 3 February

2005, the King “has banned for sixmonths any interview, article, news,

notice, view or personal opinion thatgoes against the letter and spirit of theRoyal Proclamation on 1 February 2005and that directly or indirectly supportsdestruction and terrorism”.166 The RNA

personnel were posted in the editorialoffices of print and visual media tomonitor every news report.167 Theycontinue to edit all the news items of the print media as well as national electronicmedia.


nid=30678

162. IFJ chief concerned over journos’ employment,




164. Forces snatch cameras, The Kathmandu Post,

19 February 2005

165. http://www.insn.org

On 1 March 2005, the Ministry of Communication and Information issuedfresh directive prohibiting the media todisseminate any information or publish

news related to security matters withoutobtaining prior information from thesecurity sources.168 The media directivesaid any news, interview, information,article and opinion published or disseminated through media thatsupports terrorism and subversiveactivities would be liable to be punishedunder Press and Publication Act-2048BS and National Broadcasting Act-2049BS.

In a move to further tighten its grip over the media, the Royal government of Nepal on 3 March 2005 reportedlysuspended giving of advertisementsworth Rs 20 millions to newspapersfrom the Ministry of Information andCommunications under the Lok Kalyankari Kosh (Public Welfare Fund),and disbursement of Rs 2.5 million aidto the Federation of Nepalese Journalists

(FNJ). Vernacular weeklies andnewspapers published from outside

166.http://www.nepalitimes.com/issue233/headlin

e.htm

167. Army officials posted in Nepalese print, visual

media offices, The Tribune, 14 February 2005

168. Government issues media directives, Kantipur

Online, 2 March 2005





Kathmandu Valley have been mostaffected by this decision. The decision of suspension is in clear contradiction of decision of the erstwhile government onthe matter. Unveiling an 11-points media

policy on 12 October 2004, the erstwhilegovernment had doubled subsidies provided as advertisement to weekliesand mofussil papers. It was Rs 12,000for Grade "A" papers, Rs 8,000 for Grade "B" papers, Rs. 6,000 for Grade"C" and Rs 4,000 for Grade "D" paperseach month. Amounts were fixed for daily newspapers accordingly.

169

a. Arrest and detention of

journalists

A large number of journalists have beenarrested since 1 February 2005.

On 8 March 2005, police arrestedRishiram Pokhrel, editor of local weekly bulletin Tanahu Aawaj, at the districtheadquarters Damauli while participating in a peaceful rallydemanding the restoration of

democracy.170

Editor of Budhabar weekly, SuryaThapa, was summoned by the CDO of Kathmandu to seek explanationregarding a news item, “Five partiesunite against authoritarianism,” on 7March 2005. Thapa faces a fine of Rsten thousand and/or a jail sentence of upto one year, according to the Printingand Publication Act 2046 B. S., if he is

found guilty for publishing prohibitedmatters.171

169. Govt suspends advert subsidies to media, The


170 . Journalist arrested, The Kathmandu Post, 9

March 2005

171. Budhabar editor faces up to a year in jail, The

Nepal News.com, 7 March 2005

At around 7.45 pm on 7 March 2005,editor of Himal South Asia and publisher of Himal Khabarpatrika, Kanak ManiDixit was arrested by plainclothes

policemen who had been waiting at hishome at Patandhoka and took him awaysaying the "Superintendent of Policewants to talk to you." He was released ataround midnight on 7 March 2005.172

According to Dixit, police inquired himabout his recent Delhi sojourn and if hehad met or tried to meet Maoist leadersthere.

173

On 3 March 2005, local administration

of the eastern hilly district of Panchthar detained Lavadev Dhungana, presidentof the Panchthar district unit of theFederation of Nepalese Journalists(FNJ). Dhungana, who is also thecorrespondent of the state-owned NepalTelevision and Rajdhani daily “as hewas involved in activities that disrupted public security” according to the CDO.He had reported about the arrest of thestudent leaders.174

On 23 February 2005, security forcesarrested journalist Dipin Rai in theeastern district of Jhapa. He is editor of the local Mukti Awaaj and the treasurer of FNJ Jhapa branch.175

On 23 February 2005, the DistrictAdministration Office (DAO)summoned Rajendra Vaidya, chief editor

172. Editor Dixit released, The Nepal News.com, 8

March 2005

173. Ibid

174. Journo detained, The Himalayan times, 5

March 2005

175. Background paper on press freedom in Nepal

submitted at the Regional Consultation on Peace

and Democracy in Nepal, Bangkok, 11-12 March

2005.





of Bimarsha, Kabir Rana, chief editor of Deshantar, Gopal Budathoki, publisher/editor of Sanghu; NawarajTimalsina, editor of Prakash; andShashidhar Bhandari, editor of Haank.

The editors were released on thecondition that they appear in person before the DAO whenever required.176 The Kathmandu District AdministrationOffice had summoned Kapil Kafle,Editor of Rajdhani daily, Ujwal Sharma,Editor and Kiran Pokharel, News Editor of Himalaya Times daily.177

On 21 February 2005, security forcesarrested Anil Tiwari, editor of the local

Ankush daily, at Parsa for interrogation.They also threatened the daily's publisher Dependra Chauhan over acartoon and "other news" published.178

On 16 February 2005, security forcesarrested Khem Bhandari, editor of Abhiyan daily published fromMahendranagar. He was picked up for covering protest rallies by political parties in his daily on 15 February

2005.179

On 15 February 2005, Kantipur’sDadeldhura correspondent D R Pantawas arrested by security personnel at thedistrict headquarters.180

176. Ktm DAO grills 5 editors, The Kathmandu Post,

25 February 2005

177

. End arbitrary arrests: Reporters’ Club, TheKathmandu Post, 20 February 2005




2005.

179. Editor detained, Kantipuronline, 17 February

2005

180. Kantipur correspondent and 3 others under

arrest, The Kantipuronline, 17 February 2005

On 13 February 2005, security forcesarrested two journalists Basanta Parajuliand Narayan Adhikari, correspondentsof the state owned Gorkhapatra andRashtriya Samachar Samiti respectively

from separate places in Chitwandistrict.

181

b. Closure of the newspapers

Taking advantage of emergency, manygovernment officials are settling personal vendetta. In its letter dated 4February 2005, the DistrictAdministration office simply ordered:"The daily newspaper ' Naya Yugbodh'

being published from there is hereby prohibited from publishing till further notice, considering the prevailingsituation." 73-year-old Narayan PrasadSharma, editor and publisher of Naya

Yugbodh daily had to approach theAppellate Court in Tulsipur before hecould resume publishing his 28-year-old popular daily from 2 March 2005. Theeditor had filed a writ petition in theAppellate Court in Tulsipur, Dang, after

Chief District Officer of Dang, ShivaPrasad Nepal, ordered in writing not to publish the daily until further noticeimmediately after the declaration of thestate of emergency on February 1. Thecourt then issued an interim order on 28February 2005 asking the localadministration “not to obstruct the legalright of the publisher until the courtdelivers final judgment.” According toSharma, the CDO had personal grudges

against the daily as it had exposed hisinvolvement in corruption scam prior tothe Feb. 1 developments.182

181.http://www.nepalnews.com.np/archive/2005/f

eb/feb15/news06.php

182. 73-year-old editor knocks the court to bring

out his publication, Nepalnews.com, 3 March 2005





On 8 February 2005, the security forcesconfiscated the regular issue of Blast , avernacular daily published from easterncity of Dharan for allegedly printingmaterial without the approval of the

security forces. The newspaper remainedclosed since then.

183

On 14 February 2005, weekly Prakash

published from Shinduli was ordered to be closed by security forces. Its editor Navaraj Timalsina said all the materialwas ready for print but the securityofficials ordered against the publicationat the eleventh hour. The Chief DistrictOfficer also ordered closure of

Janasamar , The Singhuli Times, Sindhul and Janaprabhat weeklies.184

3.4 Judiciary on trial

The judiciary has failed to maintain itsindependence. Even prior to theimposition of emergency, judiciaryfailed to take effective action against theRNA. Though it has ordered release in afew habeas corpus petitions, only theSupreme Court has been entertainingsuch petitions. At the appellate courtlevel, there is tremendous amount of fear. The Supreme Court also upheld thesuspension on the freedom of movement.

The Supreme Court has so far refused toentertainment of writ petitions on non-suspended rights under the "pretext of emergency". On 21 February 2005,Chief Justice Hari Prasad Sharma publicly defended the rejection of writ petitions saying that the issue was

"political". This is despite the fact thataccording to the past records during theemergency in 2001-2002, the SupremeCourt admitted over 400 writ petitionsseeking legal remedy under Article 88

(1) and (2), which is not suspended evenduring emergency.

185




2005.

184. Ibid

Article 88(1) &(2) provides that:

(1) Any Nepali citizen may file a

petition in the Supreme Court to

have any law or any part thereof

declared void on the ground of

inconsistency with this

Constitution because it imposesan unreasonable restriction on the

enjoyment of the fundamental

rights conferred by this

Constitution or on any other

ground, and extraordinary power

shall rest with the Supreme Court

to declare that law as void either

ab initio or from the date of its

decision if it appears that the law

in question is inconsistent with.

the Constitution.

(2) The Supreme Court shall, for

the enforcement of the

fundamental rights conferred by

this Constitution, for the

enforcement of any other legal

right for which no other remedy

has been provided or for which

the remedy even though provided

appears to be inadequate or ineffective, or for the settlement

of any constitutional or legal

question involved in any dispute

of public interest or concern,

185. CJ defends rejection of legal remedy, The






have the extraordinary power to

issue necessary and appropriate

orders to enforce such rights or to

settle the dispute. For these

purposes the Supreme Court

may, with a view to impartingfull justice and providing the

appropriate remedy, issue

appropriate orders and writs

including habeas corpus,

mandamus, certiorari, prohibition

and quo warranto:

Provided that:

(a) the Supreme Court shallnot be deemed to have

power under this clause to

interfere with the

proceedings and decisions

of the Military Court except

on the ground of absence of

jurisdiction or on the

ground that a proceeding

has been initiated against, or

punishment given to, a non-military person for an act

other than an offence

relating to the

Army.

(b) except on the ground of

absence of jurisdiction, the

Supreme Court shall not

interfere under this clause

with the proceedings and

decisions of parliament

concerning penalties

imposed by virtue of its

privileges.

On 28 February 2005, the SupremeCourt of Nepal admitted a petition

challenging the rejection of a writ petition on the exercise of non-suspended rights under Article 88(2)during the state of emergency. An SC bench ordered the Registrar to furnish

details regarding its decision to reject awrit petition filed by ChetendraBadhadur Singh earlier. The Registrar had earlier refused to accept writ petitions — Harka Man Shrestha vs

Land Reform Ministry, Dambar SinghGadal vs Ilam Municipality, and Kiran

Kumar Shrestha vs Ministry of Health — seeking the Supreme Court’s order to theauthorities for the rights guaranteedunder Articles 11 and 88(1) and (2) of

the Constitution citing the statesuspension of fundamental rights duringthe state of emergency.186 On 2 March2005, the Supreme Court referred thecase to a full bench comprising themaximum number of justices. On 7March 2005, the Supreme Court after thehearing stated that the final verdict onthe issue will be given on 31 March2005.

187The judgement will indicate the

level of independence of the Supreme

Court.

The Royal Commission on CorruptionControl (RCCC) has further eroded theindependence of judges. The prosecutor under the King’s royal edit is the judgeand jury and can even investigate “the judges of the Supreme Court and office bearers of all constitutional bodies”. TheSecretary of the RCCC, SambhuBahadur Khadka is a sitting judge of the

186. SC to conduct full bench hearing on non-

suspended rights, The Himalayan Times, 3 March

2005

187. A Total Wrong Against Rights in Nepal

presented at the Regional Consultation on Peace


2005.





Kaski District Court and under the royaledit on the RCCC, he can effectively prosecute the Supreme Court judges for alleged corruption.

After initial flip-flop, on 8 February2004, the Supreme Court accepted a writ petition seeking release of former President of Nepal Bar Association andSenior Advocate Sindhu Nath Pyakurel.He was arrested on 1 February 2005.The Supreme Court had earlier refusedto accept the petition on 7 February 2004due to the dilemma following theannouncement of emergency. Theauthorities reportedly allowed

Pyakurel’s wife to meet him on 8February 2005.188

Since then, the Supreme Courtresponded in a few limited cases of habeas corpus petitions. On 14 February2005, the Supreme Court asked theconcerned government authorities toappear before the court with a writtenexplanation within three days regardingthe arrest of Bishnu Nisthuri, General

Secretary of the Federation of NepaleseJournalists.

189He was released later.

190

On 22 February 2005, the SupremeCourt issued a show cause notice to thegovernment on the habeas corpus writfiled for the release of six student leadersof All Nepal National Free Students’Union (ANNFSU) - Om Prasad Aryal,Lochan KC, Mahesh Devkota, DilliramBohara, Joyti Sharma and Deepak

Kumar Rai – who are in the governmentcustody.191

189. Apex court seeks explanation on Nisthuri’s

arrest, The Nepal News, 16 February 2005

190. Ibid

191. Court orders govt to produce Pradhan, The


On 2 March 2005, the Supreme Courtdirected the government to presentProfessor Saubhagya Karki and studentleader Chaau En Laai Shrestha before

the court in 3 days. The direction wasissued following the filing of a writ petition demanding their release. Theywere arrested in early February 2005.192

On 7 March 2005, a division bench of the Supreme Court comprising JusticesDilip Kumar Paudel and RajendraKumar Bhandari ordered the governmentauthorities including the Home Ministry,the Police Headquarters and the

Kathmandu District AdministrationOffice to clarify why student leaders — Om Prasad Aryal, Jyoti Sharma, Dipak Rai, Lochan KC, Mahesh Devkota andDilliram Bohara — were arrested. The bench also ordered the authorities to produce their decisions over the issue.The student leaders were arrested onFebruary 1.

193

3.5 Human rights violations by

the RNA

After the issuance of the directive on 1March 2005 by the Ministry of Communication and Information prohibiting the media to disseminate anyinformation or publish news related tosecurity matters without obtaining prior information from the security sources,the RNA has been given carte blanche to perpetrate all atrocities.

Since the proclamation of emergency,killings have gone up exponentially. Atotal of 223 persons i.e. 8.32 persons per

192. SC issues notice to govt., Kantipur Online, 3

March 2005

193. SC order to govt, The Himalayan times, 8

March 2005





day were killed from 1 to 28 February2005.194 The RNA continues to claimheavy casualties on the side of theMaoists. The claims are unverifiablegiven complete censorship and

restrictions on freedom of movement.

Kapilavastu lynching: Beyond

reasonable doubt

According to RNA sources, 20 Maoistshave been killed in security operationsduring 17-19 February 2005. TwelveMaoists were killed on 17 February2005; five were killed on 18 February2005, and three on 19 February 2005.

Those killed on 17 February 2005 have been identified as Ramjan Musalman,Maoists’ secretary of Ganeshpur VillageDevelopment Committee, Ram Das,Dukhi Chamar, Binayatulla Musalman,Ramjan Musalman. Bishnu Panthi,coordinator of Maoists-aligned NepalTrade Union, Kapilabastu, and his two bodyguards, Yam Bahadur Dalamagar and Jhilkan Yadav, were killed on 19February 2005.195

On 23 February 2005,

the villagers had burnt some 300 shedsin Shibapur VDC.

196

On 21 February 2005, the state owned Nepal Television had telecast a visualwhere the three ministers, HomeMinister, Dan Bahudur Shahi, Minister for Labour, Ramnarayan Shing andMinister for Education, RadhakrishnaMainali were seen encouraging thecrowd who were holding baton on their

hands to fight with the alleged Maoists.Some other NGO sources stated hat 24

persons have been reportedly killed, 680houses have been burnt down and three persons were killed by throwing into the burning houses in the name of protestingthe Maoists by the Resistance

Committee.197


Data.htm

195. Maoists lose 20 cadres in 3 days, The


196. Villagers burn 20 houses, kill Maoist, The


The flogging of the dead bodies of theMaoists in presence of the RNA personnel was also telecast in Indiantelevisions also. Given the censorshipand Maoist blockade, how could the TVcameras manage to reach the spot?

The Maoists alleged that a group of 500soldiers consisting of the RNA, police,

criminals and vigilantes went toSishihawa and Ganeshpur on 15February 2005 and dragged out morethan 15 civilians from their houses. Theywere ruthlessly tortured and killed in the base camp of Armed Police inKrishnanagar. Bishnu Panthi, districtconvener of All Nepal Trade Union andYam Bahadur Dala Magar and JhilkanYadhav were killed in Krishnanagar base camp on 17 February 2005.

Shivaram Gupta, Ram Charitra Pakhi,Abadhram Keber, Shiwa Kahar of Sishihawa Village, Sunder Mourch,Baburam Upadhya, Rajwali Mourch of Ganeshpur village, Sobhai Pasi, BahuPasi, Gobere Pasi, Bekaru Pasi of Bhagawanpur were also tortured to deathon the same day.

According to unconfirmed reports,during 17 to 23 February 2004, the RNA

and their vigilante groups reportedly burnt down 700 homes and lynched

197. A Total Wrong Against Rights in Nepal

presented at the Regional Consultation on Peace


2005.





about 30 people on suspicion of beingMaoist rebels in Kapilavastu district.198

On 6 March 2005, security forces barreda team of the National Human Rights

Commission (NHRC) consisting of Sushil Pyakurel, Dr Gauri Shankar LalDas and head of NHRC’s ProtectionDivision Yagya Prasad Adhikari fromvisiting Kapilavastu for investigation of the alleged abuses. They had to returnfrom Tribhuvan International Airport asthe army refused to allow Pyakurel tofly. This is despite the fact that the NHRC team had already informed theHome Ministry and all concerned

authorities about its team’s visit toKapilvastu.199

Other suspected extrajudicial

executions

The Royal Nepal Army continues toclaim heavy casualties on the side of theMaoists. Hundreds of the Maoists havereportedly been shot dead. Given thecomplete censorship, the claims of the

RNA cannot be verified. In the past,many such claims were either found to be massacre of civilians or untrue.

On 8 March 2005, in a statement theRNA claimed that the security forcesshot dead Kamala and Mina, two allegedMaoists at Buka area and Asha, another Maoist, at Motipur area of Dang districton 7 March 2005.200

In an alleged encounter with the RNA personnel, three Maoists rebels who

have been identified as Devendra PrasadChoudhary alias Pradeep, Tajmul Ansarialias Mallu and Ashok Kumar Pandeyalias Pappu were killed on 6 March

2005.201 Three women Maoists were

reportedly killed in security action atRampur VDC on 7 March 2005.202

198. Irate Kapilvastu villagers burn houses, The


199. NHRC member prevented from traveling, The


200. 5 rebels killed, The Kathmandu Post, 9 March

2005

According to the RNA, on 6 March2005, Maoist cadre Prashant Gurung waskilled in retaliatory action of the unifiedcommand near Pokhara sub-metropolitan office in Kaski district.Two others- Rajendra Sharma andDarpana, alias Kalpana were killed inanother security operation at Babiyabirta

area of Morang district on 5 March2005.203

On 1 March 2005, two Maoist cadreswere reportedly killed during gunfightwith RNA personnel at two different places. While one was killed at Baidarearea of Bhojpur, the other member wasgunned down at Aruwang area of Arghakhanchi district. The RNA alsoclaimed to have recovered 11 more bodies of Maoist rebels killed in clasheswith security forces in Toraiyapur areaof Gurgauli VDC in Kailali district on28 February 2005. Among those killedincluded two Maoist commandersidentified as ‘Nabin’ and

‘Sangharsha’204.

The RNA claimed that on the night of 28February 2005, at least 70 Maoist rebelsand 4 security forces personnel were

201. Three Maoists killed, The Nepal News.com, 8

March 2005

202. Six Maoists killed, The Kantipuronline, 8 March

2005

203. Three Maoists killed, The Himalayan Times, 7

March 2005

204. Two rebels killed, more bodies found, The






reportedly killed in a gun battle betweenthe Maoists and the security forces inGaneshpur village on the Gulariya- Nepalgunj road section of Bardiyadistrict.205

On 27 February 2005, Dhan Bahadur Olialias Bijaya, an alleged Maoist, waskilled during security operations at Nistiof Gulmi district.

206

On 25 February 2005, three civilianswere reportedly injured in an allegedcrossfire between the Maoist rebels andsecurity forces at Badaipur area of Kailali district. The injured were airlifted

to Nepalgunj for medical treatment.207

On 24 February 2005, one SurendraShrestha, a mentally challenged civilian,was killed at Ratdada area of Baglungmunicipality-4. Chief District Officer Prem Narayan Sharma after verifyingthe incident said the security forces shotdead the victim suspecting him to be aMaoist as he had tried to flee after seeingthe security patrol. Shrestha is survived

by his wife, a son and two daughters.208

On the afternoon of 19 February 2005,security forces claimed to have shot deadan area member of Maoists called‘Dikshya’ during operation at Lakhwar area of Saudiyar area in Dang. Thesecurity sources also claimed to havekilled one Bishnu Pandey alias ‘Arjun’,an alleged district level Maoist leader, in

retaliatory action in Papariya VDC inSarlahi.209

205. 74 killed in Nepal clash, The Times of India, 1

March 2005

206. Twelve security men, Maoist killed in clashes,

The Himalayan Times, 28 February 2005

207. Ibid

208. Civilian killed, 3 injured, The Kathmandu Post,

27 February 2005

In the evening of 19 February 2005, atleast a dozen Maoists were allegedly

killed in a clash with the security forcesat Sakhuwa Mahendranagar VDC inDhanusha district. One security personnel was killed and five otherswere injured in the clash.

210

The RNA also claimed to have killed atleast 11 Maoists during 21 –22 February2005. While a Maoist rebel was killed insecurity action at Bayarban area of Morang district on 21 February 2005,

the security forces gunned down another four at Ghandighach jungle area of SudaVDC in Kanchanpur on 22 February2005. The security forces also shot deadDasu Poudel, an alleged district levelMaoist and Raja Ram Kumal, another rebel, at Dandagaon area of Bharatpokhari VDC-4 of Kaski district.In Arghakhanchi security forces shotdead four Maoists including twofemales. One of the dead was identified

as Gyan Bahadur Shrestha. 211

On 22 February 2005, state-ownedRadio Nepal announced that at least 12Maoist insurgents were killed in asecurity action at Dakaha of SirthauliVDC in central Sindhuli district on 21February 2005.

212

On 22 February 2005, at least 10Maoists have been allegedly killed in

separate security actions in different

209 . Ibid

210. 12 Maoists killed in Dhanusha clash, The


211. 11 Maoists killed, The Kathmandu Post, 23

February 2005

212 . 12 Maoists killed in latest security action, The

Nepal News, 22 February 2005





parts of the country with 4 of themgetting killed in Suda VDC, 4 Maoists,including two district level leaders inArghakhanchi district, and 2 in Kaskidistrict. Those killed in Kaski district

were district members of the All NepalLabour Association identified as DashuPoudel and Rajaram Kumal.213

On 17 February 2005, the RNAreportedly killed one Prem Kami, analleged Maoist rebel, in security actionat Swati area of Sankhuwasabha district.RNA also claimed to have recoveredsome improvised bombs from thedeceased.214

The RNA claimed that their personnelhad shot dead a dozen Maoists in threeseparate incidents on 15 February2005.215 On 13 February 2005, at least12 Maoists and three security personnelwere killed in an encounter at JanteVDC of Morang district. Four studentsidentified as Nisha Limbu, DineshMajhi, Mahendra Rai and Devi Adhikariand their teacher Bishnu Ghimire, were

reportedly injured in the incident.216

Three students who went missing after the clashes were found to be dead.217

3.6 Abuses by the Maoists

The Maoists continue to be responsiblefor gross violations of internationalhumanitarian laws by indiscriminate

killings of civilians, kidnapping, hostagetaking and extortions. They have also been responsible for executions of political opponents, alleged policeinformers and socalled class enemies in

violation of the Common Article 3 of theGeneva Conventions.

213

. 10 Maoists killed in separate clashes, TheKantipuronline, 23 February 2005

214. 5 Maoists killed in violence, The Kathmandu


215. Blockade fuels prices in Kathmandu, The

Hindu, 16 February 2005

216. 12 Maoists killed in Morang, The Himalayan



nid=31733

The Maoists continue to target schools,hospitals and ambulances.

a. Violent imposition of blockade

On 13 February 2005, the Maoists’ callfor economic blockade resumed.218 The blockade was called off on 26 February

2005.219

The Maoists violently imposed theeconomic blockade. On 20 February2005, Nripad Kumar Parveji, a truck driver from Nagpur (India), was shotdead by the Maoists at Charaudi Bazaar area on Prithvi Highway for defying theeconomic blockade. He was returning toIndia after delivering goods inKathmandu.220

Nearly half a dozen passengers wereinjured when the Maoists opened fire ata bus at Mugling, 90 km west of Kathmandu on 20 February 2005. Inanother incident, two cyclists wereinjured in a bomb blast on the MahendraHighway on the same day.221

On 17 February 2005, Maoistsreportedly torched at least 13 goods

carriers, burning 58 live buffaloes loadedin two of the trucks, at Jogimara section

218. Nepal rebels reject talks offer, The Hindu, 14

February 2005

219. Maoists call off blockade, The Kathmandu

Post, 27 February2005

220. The Times of India, 22 February 2005

221. Ibid





of the Prithvi Highway. Mansoor AlamAnsari, owner of the buffaloes, said thearmed rebels had fired at the tyres of thevehicles before setting them alight. Thevehicles included a tanker loaded with

kerosene, while the rest of the truckswere carrying commodities such as rice,cement, coal and rods. 222

On the morning of 22 February 2005,Mahendra Shahi, the driver of a bus, anda passenger identified as Deu PrakashRai were seriously wounded inindiscriminate firing by Maoists atManigram area of Anandawan VDC inRupandehi. On the same day, Suntauli

Darji, 50, of Nalang VDC-6 of Dhadingdied when a stray bomb exploded at anearby road. Darji had gone in search of firewood.223

On the morning of 27 February 2005,Maoist insurgents torched some vehicles plying along the Mahendra Highwaynear the 3 No Pool of Bara district. Mostof the vehicles were reportedly carrying passengers. Following the incident, the

Maoist insurgents ambushed a vehicleof the Royal Nepalese Army heading tothe incident site. A few security personnel were reportedly seriouslyinjured.224 On the same day, the Maoistsalso torched five vehicles on theHetauda-Patlaiya section of MahendraHighway. Among the vehicles destroyedwere trucks with huge loads of foodgrains heading to Hetauda fromBirgunj.225

222. 13 vehicles torched on Prithvi Highway, The


223. 11 Maoists killed, The Kathmandu Post, 23

February 2005

224. Maoists torch vehicles, ambush security forces

in Bara, The Nepal News, 28 February 2005

225. 5 vehicles destroyed, The Kathmandu Post, 28

February 2005

b. Unlawful killings

On 23 February 2005, two civilians wereinjured when a bomb planted by the

Maoists on the Lamahi-Bhaluwangsection of the Mahendra Highway wentoff. They have been identified as ShibaShankar Chaudhari, 12, and SantuChaudhari, 25, of Chaulahi VDC-6.

According to Shiba Shankar, theexplosion took place when he stepped onthe bomb unknowingly. The injuredwere admitted at Mahendra Hospital inGhorahi, the district headquarters.

226

On the morning of 24 February 2005,suspected Maoist insurgents shot deadcentral committee member of the WorldHindu Youth Federation, ChandraPrakash Rathaur at his residence inBulbule gate of Birendranagar municipality in Surkhet district. He diedon the way to hospital.227

On the night of 25 February 2005, a

civilian identified as Ghar Baran Teliwas shot dead in Labani VDC inKapilvastu district. On the night of 26February 2005, the Maoists reportedlykilled Bedullah Jolha, Maksoor Alamand Mohammed Hakik in Jahari villagedevelopment committee (VDC) in thesame district. The deceased wereallegedly involved in retaliatory actionagainst Maoists.228

226. Forces gun down 4 Maoists, The Kathmandu


227. Suspected Maoists kill Hindu leader in Surkhet,

abduct youths in Dhading, The Nepal News, 25

February 2005

228. Maoists kill four civilians, The Kathmandu






On the night of 26 February 2005, theMaoists reportedly killed three brothersof a family at Masina VDC inRupandehi district on charge of beingmembers of a resistance committee

against them.229

On the night of 6 March 2005, Maoistsreportedly killed five alleged membersof an anti-Maoist retaliation group atKudarmatewa village in Kapilvastudistrict. A group of heavily armedMaoists had attacked the villagers whothey claimed were involved in recentspate of anti-Maoist violence. Thevillagers were killed on the spot. Earlier,

the rebels had killed seven villagerscharging them of similar accusations.230

c. Abduction

On the night of 21 February 2005,suspected Maoist insurgents abductedthree youth identified as Gautam Ghale,Dhana Bahadur Pariyaar and Rudal fromtheir houses in Dhading district. Theyouth were preparing to go to bed before

being abducted. Their whereabouts arenot known.

231

On 26 February 2005, the Maoistsallegedly abducted Raju Panta andUddhav Panta of Belkot -3 in Nuwakotdistrict for alleged non-compliance of their diktat.

232

229. Maoist shoot dead DSP, his body guard in

Butwal, The Nepal News, 28 February 2005

230. Maoists kill five villagers in Kapilvastu, The

Nepal News.com, 8 March 2005

231. Suspected Maoists kill Hindu leader in Surkhet,

abduct youths in Dhading, The Nepal News, 25

February 2005

232. Maoists abduct youths, The Kathmandu Post,

28 February 2005

On 27 February 2005, the Maoistsreportedly freed more than 250 studentsand teachers of Thumdevi SecondarySchool of Deurali VDC, who wereabducted on 24 February 2005.233

On 3 March 2005, a group of Maoistshave abducted 43-year-old dairyentrepreneur, Dilli Prasad Upadhyay,from Narayan municipality in another mid-western district of Dailekh. Therebels reportedly manhandled Upadhyaywhile abducting him from his house.234

On 5 March 2005, Nisha Bhetwal,whose father, Bishnu Prasad Bhetwal

was abducted by the Maoist on 17January 2005, appealed to the rebels torelease her father. Since his kidnapping,the family did not hear from the Maoists.A middle-class furniture trader, BishnuPrasad Bhetwal was the sole breadwinner of his six-member family.235

On 6 March 2005, the bruised dead bodyof Pahuna Tharu of Gadhi VDC, whowas employed as a Game Scout at Royal

Bardiya National Park (RBNP) wasfound inside the park. Tharu was earlier allegedly abducted by the Maoists.

236

d. Destruction of public

properties

On the night of 20 February 2005,Maoist insurgents reportedly destroyed asub-station of Nepal ElectricityAuthority (NEA) at Kohalpur of Banke

233 . Maoists abduct youths, The Kathmandu Post,

28 February 2005

234. Campus chief released, dairy entrepreneur

abducted, The Nepal News.com, 5 March 2005

235. Daughter appeals for father's release, The

Kantipuronline, 6 March 2005

236. RBNP employee killed, The Kathmandu Post, 7

March 2005





district. At least two persons were killedin the blast and four districts in the mid-western region- Banke, Baridya, Surkhetand Dailekh- have been deprived of power.237

On the night of 24 February 2005,Maoists attacked and set ablaze the staterun Nepal Television’s regional programme production and broadcastingcentre in Kohalpur in Banke district,inflicting damage to the tune of crores of rupees. After cutting off the telephoneline, they kept on carrying off machinesfrom the centre for about two hours.Those things they did not want to take or

could not take away including the studio,control room, storeroom, administrationwing and the accounts section weretorched. All furniture, machines andelectronic equipment were alsodestroyed in the fire.

238

On the evening of 26 February 2005,Maoists damaged two government office buildings used by the Department of Survey and Revenue Office in Hetauda

by exploding bombs.239

The Maoists reportedly set ablaze morethan half-a-dozen government offices based at the headquarters of Argakhachidistrict including the RNA’s West-division at Pokhara on the night of 3March 2005. Many government officessuch as the District AdministrationOffice, District Irrigation Office, DistrictEducation Office, District Development

Committee, District Land Revenue

Office, District post office, DistrictDrinking Water Office etc. suffereddamages in the attack.240

237. Maoists bomb NEA sub-station; two killed,

four districts without power, The Nepal News, 22

February 2005

238. NTV’s Kohalpur regional station set ablaze,

The Himalayan Times, 26 February 2005

239. 5 vehicles destroyed, The Kathmandu Post, 28

February 2005

240. Maoists attack Sandhikharka, The Kathmandu

Post, 5 March 2005





4. Recommendations to the 61st

session of the Commission on

Human Rights

The 61st session of the Commission onHuman Rights being held at the Palaisdes Nations in Geneva from 14 March to21 April 2005, provides an excellentopportunity for the internationalcommunity to censure the governmentof Nepal and adopt a country resolutionon the situation of human rights in Nepal.

Asian Centre for Human Rightsrecommends the following elements for a draft resolution on the situation of human rights in Nepal

A resolution on the situation of humanrights of Nepal should express concernson:

i. Declaration of emergencyon 1 February 2005 and increaseof systematic violation of humanrights, including civil, political,

economic, social and culturalrights, of the people of Nepal;

ii. The continued housearrest of political leaders, massarrest of political activists and peaceful demonstrators and their incommunicado detention andarrest of human rights defenders, journalists, student leaders,academics, women rights

activists, trade unionists etc;

iii. The imposition of censorship on media freedom, in particular, the ban on “anyinterview, article, news, notice,view or personal opinion thatgoes against the letter and spirit

of the Royal Proclamation of 1February 2005 and that directlyor indirectly supports destructionand terrorism”; the mis-use of thePress and Publication Act-2048

BS and National BroadcastingAct-2049 BS by prohibiting themedia to disseminate anyinformation or publish newsrelated to security matterswithout obtaining prior information from the securitysources; the ban on broadcastingof news by FM radios andsubsequent loss of jobs by journalists working with FM

radios; and suspension of givingof advertisements to newspapersfrom the Ministry of Informationand Communications under theLok Kalyankari Kosh (PublicWelfare Fund) and disbursementof promised funds to theFederation of NepaleseJournalists;

iv. Severe restrictions on the

freedom of association andassembly, especially the ban onany meeting, conference,workshop or interaction programme which “underminethe Kingdom’s sovereignty andintegrity, disturb the law andorder of the country or cause anyadverse effect on the current stateof emergency”;

v. Illegal ban on thefreedom of movement andconfinement of the politicaldetainees, human rightsdefenders, journalists, academicsin the particular areas such asKathmandu valley;





vi. Climate of impunity andextrajudicial executionsespecially the lynching of thealleged supporters of the Maoistsin Kapilabastu district in mid

February 2005 and burning downof their houses with the backingof the Royal Nepal Army;

vii. Prohibition on the National Human RightsCommission of Nepal toinvestigate allegations of humanrights violations in Kapilabastudistrict on 17 to 23 February2005;

viii. The widespread mis-useof the Public Safety Act andTerrorist and DisruptiveActivities Prevention Ordinance;

ix. Wide disrespect for therule of law by the Royal NepalArmy and other security forces;

x. The lack of independence

of judiciary and the power givento the Royal Commission onCorruption Control to investigatethe judges of the Supreme Courtas a means to erode theindependence of judiciary;

xi. Poor conditions of placesof detention and violations of therights to an adequate standard of living, such as food, and to

medical care;

xii. Increase violations of human rights by the vigilantegroups;

xiii. Human rights violationssuffered in particular by persons

belonging to ethnic nationalities,women and children;

xiv. Lack of assistance for theinternally displaced persons in

Nepal and the flow of migrants/asylum seekers andrefugees to neighbouring India;

xv. The order of theDepartment of TransportationManagement to nullify theregistration of public vehiclesand cancel the license of thedrivers who do not ply on thehighways during the

blockade/bandh called by theMaoists; and

xvi. Arbitrary arrest, re-arrestof released detainees, andincommunicado detentionespecially in army barracksthroughout the country under nolegal authority, including theTerrorist and DisruptiveActivities Ordinance (TADO)

and denial of access to the National Human RightsCommission and InternationalCommittee of the Red Cross tothe army barracks across thecountry.

The resolution on the situation of humanrights on Nepal should call on theGovernment of Nepal to:

a. Immediately withdrawemergency, restore multi-partydemocracy and take measures for formation of a national unitygovernment of the democraticforces;





b. Release unconditionally andimmediately all political prisoners, journalists, media persons, student leaders, humanrights activists, trade unionists

and women rights activistsarrested since imposition of emergency;

c. Put an end to impunity andensure, as it is duty-bound to do,that those responsible for humanrights violations and grave breaches of internationalhumanitarian law are brought to justice and immediately order a

judicial inquiry into the lynchingof the alleged supporters of theMaoists at Kapilabastu from 17to 23 February 2005 by the Royal Nepal Army and the vigilantegroups;

d. Cooperate fully with theOffice of the High Commissioner for Human Rights for implementation of the technical

cooperation agreement signed on13 December 2004;

e. Put an immediate end to therecruitment and use of vigilantegroups;

f. End the systematic enforceddisappearances in Nepal throughimplementation of therecommendations given by the

Working Group on Enforced or Involuntary Disappearances(E/CN.4/2005/65/Add.1) after itsfield visit to Nepal;

g. Take immediate action toeradicate the practice of extrajudicial executions by

ensuring compliance with the UN principles on United NationsPrinciples on the EffectivePrevention and Investigationof Extra-legal, Arbitrary and

Summary Executions(Recommended by Economicand Social Council resolution1989/65 of 24 May 1989);

h. Immediately ensure safe andunhindered access to all parts of Nepal for the United Nations andinternational humanitarianorganisations and to cooperatefully with all sectors of society,

to ensure the provision of humanitarian assistance and toguarantee that it actually reachesthe most vulnerable groups of the population;

i. Provide the necessary protection and humanitarianassistance to internally displaced persons;

j. Fulfil its obligations torestore the independence of the judiciary and due process of law,and to take further steps toreform the system of theadministration of justice;

k. Consider as a matter of high priority becoming party to theOptional Protocol to theConvention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment;

l. Appoint members of the National Human RightsCommission consistent with





Section 4 of the National HumanRights Commission Act of 1997;

m. Establish a commission of inquiry into the human rights

violations perpetrated during theState of emergency;

n. Withdraw the order of theDepartment of TransportationManagement to nullify theregistration of public vehiclesand cancel the license of thedrivers that do not ply thehighways during the blockadecalled by the Maoists;

o. Pursue through dialogue and peaceful means the immediatesuspension and permanent end of conflict with the Maoists; and

p. Extend standing invitations tothe Special Procedures of theCommission on Human Rights.

The resolution on the situation of human

rights on Nepal should also call on theMaoists to:

i. Respect human rights andinternational humanitarian law,in particular, as applicable tothem, the Geneva Conventions of 12 August 1949 for the protection of victims of war andthe Additional Protocols theretoof 1977, the Hague Convention

of 18 October 1907 concerningthe Laws and Customs of War onLand, the Convention on thePrevention and Punishment of the Crime of Genocide and other relevant provisions of international humanitarian andhuman rights law, and in

particular to respect the rights of women and children and toensure the safety of all civilians;

ii. Immediately stop

recruitment and use of childsoldiers;

iii. Stop indiscriminatekillings of the civilian populations including themembers of the Maoist VictimsAssociation, targeting of hospitals and schools and other public properties in areas held bythe Maoists, and extortion of

exorbitant “taxes” throughcoercion, intimidation and physical violence;

iv. Stop trial by incompetentcourts for crimes inappropriately punishable by death;

v. Stop violent imposition of the blockade; and

vi. Allow free and secureaccess to areas under their control in order to permitinvestigations of violations of human rights and internationalhuman rights law;

The resolution on the situation of humanrights on Nepal must decide to:

a. Appoint a Special Rapporteur on the situation of human rightsin Nepal and to submit an interimreport to the 60

thsession of

General Assembly and a finalreport to the 62nd session of theUnited Nations Commission onHuman Rights on the violations





of human rights andhumanitarian laws by the securityforces and the Maoists;

b. Urge the government of Nepal

to invite setting up of the fieldmonitoring missions of theOffice of the United NationsHigh Commissioner for HumanRights in Nepal; and

c. Establish an internationalcommission of inquiry into theviolations of the provisions of theRome Statute on InternationalCriminal Court both by the

security forces and the Maoists.

To the Secretary General:

- Hold necessary consultation onthe appointment of a SpecialEnvoy for finding a peacefulsolution to the Maoists crisis of Nepal and

- Instruct the Under Secretary

General of the Department of Peace-Keeping Operations not todepute soldiers from Nepal for the United Nations PeaceKeeping Operations;

To the United Nations Treaty Bodies:

- Immediately examine theimplementation of the treaties towhich Nepal is a party under

emergency situation.

Governments and donors:

- Suspend all military assistanceuntil the restoration of

party national unity governmentfor finding negotiated solution tothe Maoists crisis;

- Examine the ability of the

government of Nepal for deliveryof humanitarian assistance andundertaking developmentactivities in Maoists held areasand develop monitoringmechanisms to ensure proper useand delivery of humanitarian aid;and - Impose visa restrictions on themembers of the Ministerial

council/members of the Royal Nepal army and freeze the assetsof the royal family, senior officials, military officers andtheir families.

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