Case study of mass killings at Kalikot during inter nal armed conflict

1. Political context and background: The 'People's War' commenced by Nepal Communist Party-Maoist since 1996 has laid severe impact at various levels of Nepalese society. Almost 15,000 people have already lost their lives during this conflict. Thousands of people have disappeared and tens of thousand people have been displaced from their home. Physical infrastructure and public property costing tens of million have been destroyed. The democratic system established in 1990 could not be practiced fully due to unstable political situation caused by the conflict. After the success of the peaceful People's Movement II of April 2006, a new political scenario has been set up. Nepal Government and the CPN-Maoist are coming closer to find lasting solution to resolve the conflict. Rays of hope to resolve the problems caused by insurgency is visible. Serious incidents of human rights violation occurred during the conflict caused by Maoist insurgency. The incidents of Doramba, Ramechhap; Kotbada airfield, Kalikot; Madi, Chitwan; Pandusen, Bajura; Bandipur, Udaypur etc. are few examples where one or the other party in conflict was responsible. Hundreds of families victimized by such incidents have been displaced from their locality. They are passing days helplessly without having access to minimum requirements of living. Many of them have similar experiences. Most of the persons killed were the main bread earners in their families. Adequate relief is necessary to such victimized families, but the government has failed to provide anything till now. The incident of mass killing of 35 people at Kotbada airfield, Kalikot is a significant hair raising incident.

2. Brief outline of the incident: Government security forces killed 35 labourers involved in the construction of an airfield at Kotbada of Kalikot district on 24 February 2002. The innocent labourers came from Dhading, Tanahu, Ilam, Gorkha, Kavre, Ramechhap, Makawanpur, Solukhumbu, Bhojpur, Morang and locals of Kalikot. Among them, 17 people were from Jogimara of Dhading district. The Sunthali, Kotwada airport construction site is 2 hours walk from Manma, the headquarters of Kalikot district. There was only one way to cross a suspension bridge at Karnali river to reach Sunthali airfield from Manma. But the construction site became detached from the headquarters when the Maoist insurgents destroyed the bridge over Karnali river. There was no representation of the government in the area as the Maoists had already driven away the police stationed at that place. Maoists began their raid after breaking truce with the government in November 2001. At the same time, about 20 labourers from Jogimara, Dhading were preparing to leave for Sunthali Airport construction site for job. Kumar Thapa, who used to employ poor villagers in the road or other constructions, lent money and was reliable, asked them to go with him for the construction of airport at Kalikot. He wanted to take them to Kalikot because he knew that the laborers from Jogimara were laborious and honest. The whole villagers got ready to follow him when he promised to pay Rs. 100/- (approx. US$ 1.4) per day for the common labourers. Labourers from Haribisauni, Ghattekhola, Thangsin, Bungrang, Osrang, Goirang, Bechrang, of Jogimara VDC, Dhading district left for Kalikot on 28 November 2001, the third day after the Maoists broke cease fire with the government.

The 20 labourers of Jogimara had to spend many days to be accustomed to the new environment. They could not talk to each other as the severe cold tore up their lips and skin. They struggled hard to overcome cold weather and to work with their comrades from various districts including Makawanpur, Ramechhap, Kavre, Sindhupalchowk and Morang districts and the local workers. Unexpectedly, a helicopter opened fire from above the construction site on 3 January 2002. A bullet reflected from a big stone wounded nose of local Man Bahadur Bista. Scared of this incident, the workers wanted to return home immediately. But the company did not allow them. Bel Bahadur B.K. and Jhakka Bahadur Balchhane of Thansing left Kalikot on 21 January. They sold their blanket for travel cost and pocket money as the contractor refused to pay them. Gokarna Thapa of Haribisauni also returned after a week. Others continued working as the contractor stopped them. Meanwhile, Maoists lodged a severe attack on 19 February 2002 at Mangalsen and Safebagar of neighbouring district of Achham. They killed 138 people including army, police, Chief District Officer and the civilians. Security forces started search operation to find the attackers. Air and on foot patrolling was started at Kalikot also. The contractor notified the workers to stop their work from 19 February 2002. The workers from outside stayed there involving themselves with whatever they could do as it was difficult for them to return home at once. They had kept ready the identity cards given by the company as the army might raid at any time. A group of the Royal Nepal Army, now Nepal Army, approached construction site on 24 February aboard a helicopter. The leader of the labourers who rushed to the helicopter displaying his identity card was shot by the army. Then the workers who were taking rest at a nearby shed were brought out and murdered en masse mercilessly. The dead bodies were buried by digging the ground around the construction site. The scared local people rushed away when they heard the bullet sounds. When two people talking in front of a shelter were shot dead, the rest ran towards the shed. In this way, altogether 35 people including contractor, workers and the local people were killed at the same place. 17 young people from 15 families of Jogimara of Dhading district were killed in the incident. After the incident, 10 women from Jogimara became widow and 21 children became orphans. The village became bereft of young male of working age. Among those killed from Jogimara, 9 were less than 21 years old. Workers involved with Shuva Karki Construction Service, Sampurna Consultant and local people were killed at the Sunthali incident. Two workers from Sindhupalchok escaped the dreadful incident. Those who left earlier were more fortunate than their comrades. Names of people who were killed during the incident are as follows: Name of the employees from Jogimara, Dhading who we re employed by Shubha Karki Construction Service

1. Chitra Bahadur Praja

2. Dilla Praja 3. Sher Bahadur Praja 4. Kumle Praja 5. Ram Bahadur Praja 6. Bikas Praja 7. Tek Bahadur BK 8. Sanu BK 9. Tek Bahadur Gurung 10. Gokarna Bahadur Gurung 11. Kanchha Praja 12. Budha Bahadur Praja 13. Manju Thapa Magar 14. Raj Kumar Shrestha 15. Raj Kumar BK 16. Bhim Bahadur Thapa Magar 17. Gyan Bahadur Thapa Magar Employees from other districts employed by Shubha K arki Construction Service 18. Jantare Lata Magar – Tanahu 19. Pradeep Rai – Ilam 20. Kumar Thapa (Contractor) – Gorkha 21. Prem Lama (Maila) – Dolalghat Workers employed by Sampurna Consultant 22. Harke Tamang – Ramechhap 23. Pasang Lama – Sanobungthali, Kavre 24. Budhaman Chyangba – Chhatiwan, Makawanpur 25. Chitra Bahadur Rai – Solukhumbu 26. Nir Kumar Khatri – Bhojpur 27. Krishna Thapa – Morang Local people 28. Lal Bahadur Kathayat – Ward Chairman from Nepali Congress Party 29. Bhim Bahadur Kathayat – Nephew of Lal Bahadur Kathayat 30. Gorke Kathayat 31. Ganesh Bista 32. Tek Bista (son of Krishna Bahadur Bista, whose house was hired by the workers from Jogimara) 33. Ganga Bista (son of Puspa Bista, woman member elected from Nepali Congress) 34. Tenjing Norbu Sherpa (migrated from Solukhumbu) 35. Norbu Sherpa (three years old nephew of Tenjing Sherpa) Those who saved themselves in the incident

1. Rising Lama – Sindhupalchok 2. Raju Lama – Sindhupalchok

Those who left the place before the incident

1. Bel Bahadur BK – Thansing, Dhading 2. Jhakka Bahadur Balchhane Magar – Satibhanjyang, Dhading 3. Gokarna Thapa Magar – Haribisauni, Dhading

Families of the victims learned that their dearest ones were killed when the main contractor Kedar Khadka provided the amount earned and the wage for additional 30 days to the

victims' families on 14 May 2002, three months after the incident. The government has not officially declared the reality even after five years of the incident. Neither a truth commission was established, nor did the families receive the dead bodies, nor did they receive any compensation. The families of the victims are waiting to hear the truth for the last five years. The King's move on 1st February 2002 pushed the country in more intensive conflict. There was no possibility of taking any step against the government in the changed scenario, because the King's government termed all the killed workers as Maoists. FOHRID Human Rights and Democratic Forum, time and again, tried to raise this issue to ensure justice to the families of victims. The changed political situation after the success of recent People's Movement II has brought a favorable situation to bring this incident into limelight. 2.1 Condition of victims from Jogimara, Dhading Social condition: The Chepang (also called Praja) who were majority victims have their own language, religion and culture. They are marginalized from the mainstream social life. Although, they live in a village just two hours walk from the Tribhuwan highway, their social condition is very much backward. They cannot always afford appropriate cloth to cover their body. These submissive people can only dream adequate food and standard living enjoyed by the well to do families. They have no representation in the social and political life. To earn as a mean worker is the only source of livelihood for them. Economic condition: The members of the families of victims including Chepang have very weak economic condition. None of them have more than two ropanies of land which is enough just for a home and a small kitchen garden. Same is true with the Gurung, Magar, Biswakarma and others who were victimized in the incident. They cannot feed their family for more than three months in a year with what they grow in their small piece of land. Therefore, to work as labourer for whatever amount of wage is the only means to see money. They run their families with daily wages. Those who died were the bread earners of the families. After the fateful day, the wives of the victims are staying at their maternal home, parents are counting days helplessly and the children are deprived of the slim hope for their education. Educational condition: Educational condition of the families of victims at Jogimara is as worse as their social and economic condition. Very few of them are literate. Children are unable to join school due to their very weak economic condition. Even those who join school leave classes within few years. The fateful incident erased any possibility of providing education to the children of the poor workers. Most of the members of the victimized families who recently came to the Supreme Court to file writ petition for justice placed their finger prints instead of signature in the petition. Employment: To work as low paid labourer was the only source of employment for the people from Jogimara who were killed at Sunthali. The victimized families and the whole village lost able hands who could earn by using their muscles. After the incident, the village is facing a big humanitarian tragedy in absence of any alternative support. Family condition: Victims of Jogimara live under joint family system. The able members of working age usually go to India or remote places of Nepal for opportunities of earning as low wage earners. They cannot afford to go to other countries due to lack of education and enough funding. Big size of family has added grievances and the economic burden when the members of working age were killed.

Dwelling: The families of victims of this incident live in a very poor temporary huts roofed with tree branches, leaves and straw. Their houses cannot save them from the rain of summer. None of them have strongly constructed house. 3. Efforts of FOHRID Human Rights and Democratic Fo rum to ensure justice to the victims of the incident: On various occasions, FOHRID has been expressing concerns that the unlawful killings coupled with impunity pose serious threat to rule of law, human rights and democratic system in the country. FOHRID has focused the incident of Sunthali airfield to end unlawful killings and impunity for protection and promotion of human rights and rule of law. FOHRID has raised voice demanding dead body of the victims and compensation to the families. FOHRID decided to involve secretary of the local Village Development Committee, local teachers, people's representatives, political activists including Member of Parliament and Cabinet Minister Mr. Rajendra Pandey. Several rounds of discussion were held with the local people before formally initiating the campaign. The objects of this activity were, firstly, to initiate legal campaign for justice to the victims' family; and secondly, to try to provide education to the children of the victim's families and self-reliance skill to the widows of the victims. 3.1. Efforts of FOHRID and outcome 3.1.1 Legal measures to ensure justice Mass demonstration A peaceful mass demonstration was organized on 4 June 2006 with the participation of members of victims' families and local leaders from Jogimara, rights activists, organizations, professionals, political activists and journalists. The mass gathered at 8 a.m. on the day at Ratna Park and marched towards Bagbazar-Putalisadak-Exhibition Road before sitting for a peaceful protest at Bhadrakali. FOHRID coordinated this rally with the overwhelming support and involvement of other organizations. Sit in protest Sit in protest was held from 9 a.m. to 10 a.m. on 4 June 2006 at Bhadrakali premises. Former members of National Human Rights Commission Prof. Kapil Shrestha and Sushil Pyakurel, members of victims' families, political leaders and activists, lawyers, journalists, rights activists and members of various organizations participated the protest programme. Addressing to the gathering, Prof. Kapil Shrestha and Sushil Pyakurel demanded to establish investigation commission to reveal whereabouts of the disappeared persons, and warned that none has received license to kill the people. They demanded punishment to the perpetrators and compensation to the victims' families. Advocate Brenda Prasad Thapaliya, Chairperson of FOHRID demanded the government to reveal the persons dead or alive, to provide compensation and relief to the victims' families, justice to them, punishment to the perpetrators of Sunthali Airport. He warned the perpetrators that the violators of human rights can be persecuted at the international criminal court at any time. Thapaliya also

called upon the civil society, intellectuals, security forces and the newly formed government to work unitedly to combat unlawful killings and impunity and expected assistance of any kind to the victims' children and families. Representative of a human rights organization declared to provide free education upto 12 class to 6 years old Indra Maya B.K. who lost her father, and skill to her mother for 18 months. The mother and daughter are currently in a camp to utilize this opportunity. Press conference and hearing the voice of victims' families: Members of the families of victims' themselves expressed their grievances before the national and international media during a press conference organized at Nepal Bar Association hall at 1.30 p.m. on 4 June 2006. Apart from the relating heartrending stories, they used placards, banners, press statements, pamphlets to reveal the truth. They demanded with the government to respect the right to perform final rites of their family members by providing dead bodies or remnants of the dead; and adequate compensation. They also called upon human rights organizations and the civil society to support their pleadings. The victims related their story with obstructed throat and eyes filled with tear. Many of them could not even speak what they wanted due to severe grief, making all the audience spellbound on the occasion. Speakers like former Justice Laxman Aryal, rights activists Krishna Pahadi and Pradip Pokharel reiterated the gravity of the incident and demanded justice and adequate compensation with the government. Mr. Bhimarjun Acharya, legal advisor of FOHRID informed about the issues raised in the writ petition being filed by FOHRID on behalf of the families of victims from Jogimara. A documentary entitled "Living Martyrs of Jogimara", produced by Mohan Mainali was screened on the occasion. This created an atmosphere to unite the civil society and stakeholders to pressurize government to ensure justice, compensation and safeguarding rights of the victims' families. FOHRID assisted by coordinating this whole process. Story of Shankha Bahadur Gurung unraveled at the pu blic hearing organized by FOHRID on 4 June 2006 at Nepal Bar Association Hall , Kathmandu Even at the age of 63 years, Shankha Bahadur Gurung is busy with his 54 years old wife Motimaya Gurung to do the household jobs. Amidst utmost poverty, the couple had struggled hard to bring up their five sons. Their first son is deaf and dumb. Second son left house few years back after marriage. Third, 21 years old and fourth, 19 years old had began to share their hands with their parents but they did not return after they left to work in Kalikot five years back. The youngest son is too small to do anything. They have very small piece of land in their ownership. They till the lands of other landlords and relatives to grow crops that sustains for about six months. But they have to guard their maize field against monkeys that bother them from the very day of planting to the day of collecting the crops. The old man and his wife who has injured her knee some years ago are far behind in chasing the nasty monkeys. With the dream of buying watch for their hands, radio to listen to enchanting songs and to eat rice instead of dhido, their sons left for Kalikot with contractor Kumar Thapa. Since then the old couples are looking towards road to receive their sons but in vain.

They were compelled to think that their sons were killed when they received their sons' wages in May 2002. They sometimes feel like performing final rites of their sons. They even think that their eldest son who was deaf lost conscience and became mad as the spirits of his brothers are persecuting him. But how could they cremate their sons when they have not heard of their illness neither did they receive their corpse. Motimaya hopes that her sons will return with new sari to herself and shirts and trousers to her husband. How can they be killed when they did not go for war? They never talked of any intention of being involved in any fighting. They were scared even while listening to the reports from warfront. Motimaya is still waiting full of tears in her eyes to receive her two pearls once again and to share the dhido she cooks so skillfully. Pamphleting To create synergy in favour of the voice of the victims' families from Jogimara and to make the demand louder, 20,000 pamphlets were published and widely disseminated. The pamphlet incorporated voice of the victims' families and demanded end to armed atrocity, disappearance, unlawful killings impunity. It also accommodated slogans that demanded to punish the perpetrators and immediate justice to the members of the families of victims. FOHRID Human Rights and Democratic Forum has been designated focal point in this campaign. Effects Incident of the Sunthali Airport construction site at Kalikot that claimed the lives of 35 innocent workers came into limelight. The family members of the victims could speak out their grievances to a large audience of concerned groups including media, human rights organizations and civil society. One 6 years old girl, daughter of a victim received scholarship to study upto class 12, which she could not even dream otherwise. Her mother received opportunity to learn skill to be self-reliant. Writ petition to the Supreme Court FOHRID filed a writ petition at the Supreme Court demanding justice to the members of the families of victims and compensation. The writ has demanded following things:

1. Adequate compensation from the defendant should be provided to the plaintiff and the families.

2. Maximum punishment and fine to the security officer and the relevant security personnel who were responsible to carry out shootings on arbitrary ground without caring minimum condition and the standard of law.

3. Formation of a separate law against impunity to enable citizens to claim compensation from State and the perpetrators in cases of any harm caused through extra judicial or irresponsible acts of the law implementing authority.

4. Formation of a commission of investigation to investigate the incident and determine compensation.

On the appeal to give appropriate verdict on the basis of the existing law, Constitution and the human rights documents to which Nepal is a State party, the Supreme Court has already given show cause notice against the defendant. Effects:

The victims have developed positive attitude towards Court. They have now started to believe that the Court can give justice to them. 3.1.2. Relief assistance, education to the children and training for self-reliance to the widows of the victims: Education to the children and training for self-rel iance to the widows of the victims FOHRID played a significant role to seek relief for the victims' families by unveiling the serious impact of the incident before public. FOHRID contacted Mahila Adharshila and arranged 18 months self-reliance training to Mrs. Buddhimaya BK, widow of Raj Kumar BK. At present, Mrs. BK is receiving training at Dhaka Trading Centre, Kathmandu. Similarly, Bipul Shiksha Niketan, Jorpati provided free education for her 6 years old daughter. Relief assistance: FOHRID appealed local organizations and companies to provide immediate relief to the victims' families. D2Hawkeye Services (P) Ltd. generously accepted this request and contacted the members of the victims' families through FOHRID. The company contacted Mr. Tilak Bahadur Chepang, Secretary of Nepal Chepang Association, Dhading who represents the Praja community in FOHRID. Through him D2Hawkeye provided a lump amount of Rs. 11,000 to each of the victims' families on 15 June 2006. Detail of this assistance is as follows: SN Name of victim Name of relative Relation Address 1 Chitra Bahadur Praja Govinda Praja Father Jogimara-5,

Dhading 2 Dilla Praja Buddhi Bahadur Praja Brother Jogimara-5,

Dhading 3 Sher Bahadur Praja Kul Bahadur Praja Father Jogimara-5,

Dhading 4 Kumle Praja Bishnu Bahadur Praja Father Jogimara-5,

Dhading 5 Ram Bahadur Praja Mana Maya Praja Mother Jogimara-5,

Dhading 6 Bikash Praja Bir Bahadur Praja Father Jogimara-5,

Dhading 7 Koshrange Kanchha

Praja Bir Bahadur Praja Father Jogimara-5,

Dhading 8 Buddha Bahadur Praja Dhana Maya Praja Mother Jogimara-1,

Dhading 9 Tek Bahadur

Bishwokarma Gyan Bahadur Bishwokarma

Father Jogimara-5, Dhading

10 Sanu Kaji Bishwokarma Buddhimaya Biswakarma Mother Jogimara-5, Dhading

11 Tek Bahadur Gurung Shankha Bahadur Gurung

Father Jogimara-5, Dhading

12 Gokarna Bahadur Gurung

Shankha Bahadur Gurung

Father Jogimara-5, Dhading

13 Raj Kumar Shrestha Prem Bahadur Gurung Brother Jogimara-1, Dhading

14 Raj Kumar Bishwokarma Mana Bahadur Bishwokarma

Father Jogimara-5, Dhading

15 Bhim Bahadur Thapa Ammar Bahadur Thapa Father Jogimara-4,

Magar Magar Dhading 16 Gyan Bahadur Thapa Dil Kumari Thapa Mother Jogimara-4,

Dhading 17 Manju Thapa Magar Dambar Bahadur Thapa

Magar Father Jogimara-1,

Dhading 18 Thakur Singh Tamang

(local) Maili Maya Tamang Wife Mahadevsthan-6,

Dhading 19 Kumar Thapa Asmita Thapa Wife Gajuri, Dhading In coordination with the Sachetana and other NGOs, FOHRID arranged some clothes and footwears to provide to the victims' families. This helped to minimize the mental impact they were feeling for a long time and showed rays of hope for rehabilitation. The mass rally organized on 4th and 5th of June 2006 by FOHRID with the victims' families at the forefront received wide acclaim at the national level. This has drawn the attention of the people to the tragic incident that occurred five years ago. Wide coverage of this campaign in the national and local media compelled people to think once again of this tragic situation of the backward community of Praja. Action Aid Nepal held a discussion with the victims' families to explore possibility of organizing programmes of self-reliance skills to them. This organization has promised to do what they can. The word from Action Aid has provided self confidence to the victims' families. 4. Impact of this campaign: The campaign to ensure relief and justice initiated by FOHRID has laid positive impact in the society. This has created a conviction that efforts can be made to rehabilitate and relieve the victims of conflict. Some visible impacts of this campaign are listed below:

a. Individual level: This programme has enhanced confidence of the family members of

victims. Their grievances were heard by the concerned audience after five years. The family members of the victims have gathered confidence that they will not be neglected and can receive justice one day. They have received positive impact mentally also. They have discarded pessimism and are hopeful for the future. They are happy that their grievances are heard by various organizations. The assistance from the organizations has made their life easier. At the individual level, they have received satisfaction, relief and confidence.

b. Family level: Good impact is seen in the family level. An unfriendly environment was

created between the widows and their inmates after the loss of the working family members. This campaign has been able to reintegrate the families by filing this gap. They have now come jointly to this campaign. As the relief will be provided to the families, the whole family is hopeful. They have expressed their commitment to provide education to the children, though cooperation from others is necessary to materialize their dream.

c. Local level: Initiative of FOHRID for human rights, justice and compensation has made

positive impact at the local level. Former local representatives, teachers, intellectuals of the local area have acclaimed this initiative. The victims' families have expressed that FOHRID has taken the case to the appropriate level.

d. National Level: This campaign initiated in favour of the victims at Jogimara has been

established as a model to deal the issues of transitory justice, rehabilitation of conflict affected people, reintegration. This has prepared the stakeholders to work for the justice of the victims of mass killings, unlawful killings and impunity.

e. Campaign level: Campaigners working to make State accountable towards grievances

of the victims of conflict and mass killings have gathered confidence. FOHRID lobbied with the former people's representatives of the local area and Dhading district including with Member of Parliament Mr. Rajendra Pande. They have promised to take the incident seriously and support this campaign. It is necessary to sustain this campaign and utilize the rays of hope seen so far.

5. Appeal of FOHRID

FOHRID has expressed its serious concerns over the incidents of mass killings such as the Kalikot incident occurred during the Maoist insurgency. Its efforts have been focused to provide immediate relief, justice and rehabilitation to the victims' families. The current programme has covered directly the 15 families affected by Kalikot incident. Due to financial limitation, we have not been able to provide assistance to other families of 20 people killed during that incident. It will require additional fund to reach them and initiate campaign for their justice. Most of the victims' families have been displaced from their homes due to conflict and Maoist tag imposed by the then government. Therefore, we appeal all the generous organizations and individuals to contribute whatever possible in our initiative to assist the remaining families of 20 victims. Likewise, we also request for extending support in our campaign to help victims of other mass killings and ambushing. Few of them are the incident of Madi, Chitwan where Maoists ambushed a passenger bus killing 38 people and injuring 70 others; the incident of Pandusen of Bajura where the security forces shot dead 10 farmers; killing of 10 people during a cross firing at Bandipur of Udayapur and Belbari incident where the security force killed one woman after raping her and 6 other villagers who protested that incident.