Achr Nep 14mar

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 RIGHTS

C-3/441-C, Janakpuri, New Delhi 110058 Tel/Fax: +91 11 2562 0583, 2550 3624 Email: suhaschakma@achrweb.org; Website: www.achrweb.org
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 REPRESSION 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 THE COMMISSION ON HUMAN RIGHTS ................................................................ 44
______________________________________________________________________________________ Asian Centre for Human Rights Report 2005
1. Overview
Nepal has been facing grave human rights and humanitarian crisis since the Royal Nepal Army took over power under the Unified Command following the declaration of emergency on 26 November 2001. The situation required intervention of the international community, 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-April 2004, United States and India blocked a country resolution against Nepal at the 60th session of the United Nations Commission on Human Rights. A mild Chairmans statement was adopted. Pre February 1 The coup dtat by King Gyanendra provides an excellent opportunity to address the gravest humanitarian and human rights crisis in South Asia. The humanitarian crisis is all-pervasive. The edifice of state structure in Nepal has collapsed. By early 2004, the numbers of police stations in Nepal were reduced from 1500 when the Unified Command took over in November 2001 to 350.1 By December 2003, the courts have virtually stopped functioning in 19 hill district courts.2 Since 2002, the Supreme Court has failed to inspect the Appellate and District Courts in the country "owing to bad law and order situation.3 With the introduction of Janabadi Sikshya (peoples education), the
1
educational system in Nepal has collapsed. The government lost its capacity to provide basic health care facilities. Often the security forces and the Maoists impose ban on essential commodities like batteries, canvas shoes, cooking oil, instant noodles and medicine. Since the Maoists launched their first attack on 13 February 1996, there have been violations of the Rome Statute on International Criminal Court. A total of 11,358 persons have been killed from 13 February 1996 to 28 February 2005. This implies that 3.44 persons were killed everyday.4 The Royal Nepal Army (RNA) has been acting as law unto itself. While arbitrary arrest, detention and torture are innumerable, extrajudicial executions are often cited as encounter killings. The phenomenon of disappearance is the best indicator of the human rights crisis in Nepal. The National Human Rights Commission of Nepal has received 1,619 complaints of disappearances: 1,234 cases attributed to the security forces, 331 attributed to the Maoists, and 54 where the responsible persons are unidentified. Out of these, more than 600 complaints were lodged in 2003-2004. The government of Nepal appointed Investigative Commission on Disappearances acknowledged that more than 1,000 cases have been brought to its attention.5 The Maoists too have been responsible for gross violations of international humanitarian laws. In its report of 31
4
Statesman, New Delhi, 21 April 2004

2
. India trying to unite divided Nepali polity, The . No work in 19 courts triggers judicial rethink,
The Himalayan Times, Kathmandu, 2 January 2004

3
.http://www.inseconline.org/download/Killings_D . E/CN.4/2005/65/Add.1 of 28 January 2005
. SC judges fail to inspect courts, The Himalayan
ata.htm
5
Times, Kathmandu, 7 January 2004
January 2005 to the forthcoming 61st session, the Office of the United Nations High Commissioner for Human Rights accused the Maoists of perpetrating war crimes. The report states, In reality, most of their (Maoists) policies and operations carried out in 2004, such as mass abductions, the recruitment of children, summary executions, the targeting of schools, trial by incompetent courts for crimes inappropriately punishable by death, forced labour and forced evictions, were flagrant violations of international law and qualify as war crimes under the Rome Statute of the International Criminal Court.6 Since the conflict started, an estimated 350,000 to 400,000 Nepalese have been internally 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 into India every hour to escape from the atrocities of both security forces and the Maoists.8 Across the Northern India Bihar, Uttar Pradesh, Uttaranchal, Haryana, Punjab, Himachal Pradesh and Jammu and Kashmir, and West Bengal thousands of ethnic Nepalese have been working as agricultural labourers. While there are no estimates as to the actual number of Nepalese migrants given the open borders, the figure is believed to be over 10 million. As it is easier for the people of Nepal to come over to India, there were no refugee camps a precondition for recognizing humanitarian crisis.
6 7
Post February 1 Since the declaration of emergency on 1 February 2005, human rights violations have further deteriorated. There is complete ban on political activities, press freedom and monitoring of human rights violations. The lynching of 22 alleged Maoists and burning down of about 700 houses of the alleged Maoists symphatisers in Kapilavastu district from 17 to 23 February 2005 once again brought into focus the blatant human rights violations by the RNA. The flogging of the dead bodies of the alleged Maoists in presence of the RNA personnel was telecast in Indian televisions also. Given the state of censorship and Maoist blockade, how could the TV cameras manage to reach the spot? On 6 March 2005, security forces prevented a team of the National Human Rights Commission from visiting Kapilabastu to investigate the alleged human rights violations. The Royal Nepal Army has been given carte blanche to commit further atrocities The journalists have become the most vulnerable in the post February 1 period. Hundreds of them have lost jobs because of the ban on news broadcast in FM radios and closure of many newspapers. Newspapers have also been effected by the suspension of advertisements by the government in addition to other restrictions on reporting. The journalists have been arrested for taking photographs of demonstrators.9 Ashish Sarraf Nikki, a photojournalist was arrested for taking pictures of the demonstration in Janakpur on 8 March
.http://www.irinnews.org/report.asp?ReportID=4
. E/CN.4/2005/114 of 31 January 2005
5591&SelectRegion=Asia
8
. A Statement by the Asian Human Rights Commission, Nepalese exodus from impending disaster cannot be ignored, 14 December 2004
.http://www.kantipuronline.com/kolnews.php?&n
id=30678
2005.10 Many continue to remain under detention. While the restoration of multi-party democracy and democratic freedoms is sine-qua non, intervention in Nepal against the Royal Proclamation of 1 February 2005 must go beyond restoring the status quo prior to 1 February 2005. The conflict with the Maoists must be addressed. Attempts to find a mediated solution between the government of Nepal and the Maoists by national interlocutors have failed. National interlocutors had little influence either on the government or the Maoists. Drawn from civil society activists or former political leaders, they serve as mere messengers. The Asian Centre for Human Rights is urging members of the United Nations Commission on Human Rights, especially United States, United Kingdom and India to sponsor a country resolution on the situation of human rights in Nepal at its 61st session being held in Geneva from 14 March to 22 April 2005. Apart from the demand for withdrawal of emergency and release of all political detainees, human rights defenders, journalists, student leaders, academics, women rights activists, trade unionists etc, lifting of ban on press freedom, lifting of ban on human rights monitoring and inquiry into human rights violations perpetrated during emergency, the United Nations Commission on Human Rights should decide to; - Appoint Rapporteur
10
situation of human rights in Nepal and to submit an interim report to the 60th session of General Assembly and a final report to the 62nd session of the United Nations Commission on Human Rights on the violations of human rights and humanitarian laws by the security forces and the Maoists; - Urge the government of Nepal to invite setting up of the field monitoring missions of the Office of the United Nations High Commissioner for Human Rights in Nepal; and -Establish an international commission of inquiry into the violations of the provisions of the Rome Statute on International Criminal Court both by the security forces and the Maoists. To the Secretary General: - Hold necessary consultation on the appointment of a Special Envoy for finding a peaceful solution to the Maoists crisis of Nepal; - Instruct the Under Secretary General of the Department of Peace-Keeping Operations not to depute soldiers from Nepal for the United Nations Peace Keeping Operations;
Special on the
. Over 200 protesters held, The Nepal News.com,
9 March 2005
To the United Nations Treaty Bodies: - Immediately examine the implementation of the treaties to which Nepal is a party under emergency situation; Governments and donors: - Suspend all military assistance until the restoration of democracy and democratic freedoms and formation of multiparty national unity government for finding negotiated solution to the Maoists crisis; - Examine the ability of the government of Nepal for delivery of humanitarian assistance and undertaking development activities in Maoists held areas and develop monitoring mechanisms to ensure proper use and delivery of humanitarian aid; and - Impose visa restrictions on the members of the Ministerial council/members of the Royal Nepal army and freeze the assets of the royal family, senior officials, military officers and their 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 community was happy to deal with proxy governments and evaded the question of resolution of the Maoists problems. The conflict is no longer directly between the Maoists and the government of Nepal which was represented by King Gyanendra and the democratic parties. After the King usurped the powers on February 1, the conflict between the King and democratic forces intensified. Only the Maoists seem to have a clear agenda. Apart from the call for blockade from 13 26 February 2005, the Maoists are observing the situation. King Gyanendra has been making desperate attempts to cling on to power by urging international community, especially the United States, India and UK, to choose between him and the Maoists. It would be a sad day for Nepal if the choices were to be limited to the two anarchist forces. King Gyanendra sought three months time to restore normalcy. Under the constitution, emergency has to be approved within 90 days by the parliament. With most of the RNA personnel engaged in enforcing emergency, protecting the King and the Kathmandu valley, and providing escorts to the vehicles during the Maoists road blockade, King Gyanendras deadline to bring normality in the country within three months is ludicrous. The institution of monarchy is at serious risk.
2.1. No military solution

While international community cannot remain mute witness to the fall of a nation state, it is essential to realize that there is no military solution to the Maoists crisis. While India, Nepals primary arms supplier, reportedly deploys 400,000 to 700,000 armed forces in addition to local Jammu and Kashmir Police to tackle the 11 insurgency in the trouble-torn State, the Royal Nepal Army has only 78,000 soldiers. Out of these, 30-40% soldiers are reportedly locked to defend the Kathmandu valley and the King.12 Modernising the RNA must be considered in the context of Nepals own capabilities and its long-term sustainability. Nepal is one of the poorest countries in the world, with an annual per capita income of US$ 27613 and 42% of the population live in absolute poverty.14 Yet, the government of Nepal has increased its budget for defence. For 2005, the government announced allocation of 1.2 billion Nepalese rupees and increased the prices of petroleum products to support the inflated defence budget. The number of RNA personnel has increased from 45,000 in 2001 to 78,000 today roughly equal to the
11
.http://www.state.gov/g/drl/rls/hrrpt/2003/279 .http://www.flonnet.com/fl2109/stories/200405 . Testimony of James Kinder, Assistant
47.htm
12
07001105600.htm
13
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 and Peace in Nepal, Regional
Democracy
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 Armed Police and Nepal Police.15 India remains the biggest donor of military aid to Nepal. 16 India bears 70% of the military assistance amounting to Rs 3740 millions, apart from imparting training to the RNA in counterinsurgency.17 India provided at least 20,000 SLR and INSAS rifles in addition to helicopters. During his visit to Nepal, then Indias Chief of Army Staff, General Nirmal Chandra Vij stated on 24 April 2003 that India had already provided Nepal with military hardware, training, logistics and technical support worth Rs two billion and was still considering providing similar support equivalent of Rs one billion.18 The United States remains the second largest arms supplier to Nepal. Between 1990-2001, Nepal received a total of $2.3 million worth of arms deliveries, $1.3 million in Foreign Military Financing (FMF) and approximately $2 million in International Military Education and Training (IMET) funding.19 However, since Sept. 11, 2001, the United States has significantly stepped up its military assistance to Nepal. The Kingdom was given $12 million in FMF
15
in Fiscal Year 2002 (FY 02), nearly 10 times the amount allocated for Nepal in the decade prior to Sept. 11, 2001. Also in FY 02 Nepal received nearly $400,000 in IMET, and $3 million in Economic Support Fund (ESF) financing. In FY 03, Nepal was appropriated $500,000 in IMET, $3 million in FMF and $6 million in ESF. For FY 04 Nepal has been promised $600,000 in IMET, $10 million in FMF and $6 million in ESF.20 The United Kingdom plays a key role in providing logistic support. In March 2003, the United Kingdom donated two MI-17 helicopters to Nepal under its Global Conflict Prevention Fund (GCPF). The Nepal Government agreed to restrict the use of these choppers for logistical, medical and humanitarian purposes.21 The UK further promised to provide more than $10 million to buy military hardware.22 While the United Kingdom and India have frozen military aid to Nepal,23 these measures are too little, too late and absolutely ineffective to address the concerns of the international community. Given the volumes of weaponry already transferred to the Royal Nepalese Army (RNA) in the last couple of years, suspension of military aid is not a source of an immediate crisis for King Gyanendra or the RNA. The offer by Pakistan to provide military assistance to Nepal from boots for its 80,000 soldiers
20
. Arjun Karki, The Political and Social Aspect of and Peace in Nepal, Regional
Democracy
Consultation on Peace and Democracy in Nepal, 11-12 March 2005.

16
. Polls answer to Nepal impasse, The Pioneer, 7 . King meets envoy as Delhi heat gets to .http://www.nepalnews.com.np/contents/englis .http://www.cdi.org/friendlyversion/printversion
.http://www.cdi.org/friendlyversion/printversion . UK donates choppers to Nepal, The Tribune, .http://www.wsws.org/articles/2003/jan2003/n . Britain suspends military aid to Nepal, The
April 2004
17
.cfm?documentID=2015
21
Kathmandu, The Indian Express, 7 February 2005

18
Chandigarh, March 2003,

22
hdaily/ktmpost/2003/apr/apr25/index1.htm
19
epa-j27.shtml
23
.cfm?documentID=2015
Kantipuronline, 23 February 2005
to helicopters to ferry troops and attack guerrilla hideouts in rugged hills and jungles24 will further complicate the situation. It is essential for international community to realize that there is no military solution to the Maoists crisis.
Bazaar, district headquarters of Myagdi, on 20 March 2004, the Maoists claimed that they have captured 137 modern weapons from the security forces in Beni. That includes 15 infantry small arms system, eight sub-machine guns, three light machine guns, one M-16, 35 self-loading rifles and 47,000 rounds of ammunitions.28 The following armed clashes between the Maoists and the security forces are self-explanatory: 25 September 2000: In the biggest and most audacious attack of its kind, about 1,000 Maoists raided Dunai, headquarters of Dolpo district in which 14 policemen were killed. 2-7 April 2001: Maoists gunned down over 70 policemen in separate attacks in Rukumkot 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 launched attacks in Surkhet, Dang, Syangja and other parts of the country. For the first time, they attacked the Royal Nepal Army, 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 attacked the army again at Salleri. They killed 27 policemen, a chief district officer and four soldiers.
tower, killing over 41, The Statesman, 4 March 2004
28
2.2. Arming the RNA or arming the Maoists?

During 2004, 156 members of the national police, 240 members of the Royal Nepalese Army and 53 members of the Armed Police Force were killed by the Maoists.25 In 2003, 142 members of the national police, 122 members of the Royal Nepal Army and 71 members of the Armed Police Force were killed by the Maoists. Between 1996-2003, the Maoists have killed 1,096 members of the national police; 362 members of the Royal Nepal Army; and 173 members of the Armed Police Force.26 A large number of sophisticated arms, which the Maoists presently possess, are reportedly captured from the battered Royal Nepal Army. After the attack on the Army garrison in Bhojpur on 3 March 2004, the Maoists apart from destroying the police post and the telephone tower, killed thirty-two policemen and nine RNA personnel and took away all the weapons and ammunition.27 In the attack at Beni
24
.http://www.reuters.com/newsArticle.jhtml?story .http://www.state.gov/g/drl/rls/hrrpt/2004/417 .http://www.state.gov/g/drl/rls/hrrpt/2003/279 . Nepali rebels kill 21 troops, The Central
ID=7877349&type=topNews
25
42.htm
26
49.htm
27
. Rebels batting strongly against govts weak
Chronicle, 4 March 2004; Maoists storm telecom
bowling, The Kathmandu Post, 25 March 2004
10
14-21 February 2002: Maoists launched major offensive in Achham. The government retaliated. At least 132 security personnel and 46 Maoists were killed. 22 February 2002: Maoists killed 34 soldiers in new offensive in Salyan. 11 April 2002: Hostilities increased in Dang: 160 policemen and military killed; 14 April 2002: Estimates rose to indicate 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).
persons every day were killed in Nepal in the Maoists conflict.30 In 2003, estimated 1,697 persons i.e. 4.65 persons per day were killed in insurgency related violence.31 Due to the cease-fire in 2003, the number of killings had gone down. However, after proclamation of emergency, killings have gone up exponentially. A total of 223 persons i.e. 8.41 persons per day were killed from 1 to 28 February 2005.32 Human rights violations by the Royal Nepal Army have been systematic and flagrant. While arbitrary arrest, detention and torture are innumerable, extrajudicial executions are often cited as encounter killings. The number of alleged Maoists killed also raises suspicions. During 2004, out of 2,380 persons killed in insurgencyrelated violence, 1,457 persons were alleged to be Maoists and 474 civilians.33 In 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 as Maoists and 1,114 civilians.34 Yet, the Maoists movement continues to grow. The favourite tactic of the Royal Nepal Army (RNA) is Tora Bora: Armed helicopters fitted with .50 machine guns dropping 81 mm bombs over suspected
30
2.3 Ignored humanitarian crisis

Nepal has been facing gigantic humanitarian crisis gross and widespread violations of international human rights and humanitarian laws which required intervention of the United Nations.
a. Unlawful killings - violation of the Rome Statute

Since the Maoists launched their first attack on 13 February 1996, a total of 11,358 persons have been killed from 13 February 1996 to 28 February 2005. This implies that 3.44 persons were killed everyday.29 As the conflict intensified, the number of people being killed also increased. During 2004, an estimated 2,380 persons i.e. over 6.52
29
.http://www.state.gov/g/drl/rls/hrrpt/2004/417 .http://www.state.gov/g/drl/rls/hrrpt/2003/279 .http://www.inseconline.org/download/Killings_ .http://www.state.gov/g/drl/rls/hrrpt/2004/417 .http://www.state.gov/g/drl/rls/hrrpt/2003/279
42.htm
31
49.htm
32
Data.htm
33
42.htm .http://www.inseconline.org/download/Killings_
34
Data.htm
49.htm
11
Maoist hideouts. These cause immense collateral damage besides targeting civilians.35 While accepting two MI-17 helicopters under Global Conflict Prevention Fund (GCPF) from the United Kingdom in 2003, the Nepal Government has agreed to restrict the use of the choppers to logistical, medical and humanitarian purposes.36 However, the Royal Nepal Army personnel have consistently used unidentified helicopters for aerial bombings on the civilians. On 12 April 2004, 4 civilians were killed and many others including school children were injured when the RNA personnel dropped bombs from helicopters at Bidhya Mandir Higher Secondary School at Binayak, Acham. The Maoists reportedly forced people to participate in a cultural programme organised at the school. According to the eye-witnesses, most victims were children below 15 years. An eight-yearold boy, Meghraj Timilsina of Kuika VDC-7 was admitted in a hospital in Nepalgunj. Both his legs were severely hit by shrapnel.37 Subsequently, the RNA blocked supplies of food, medicine and stationary supplies to at least 24 Village Development Committees in Acham in clear violation of international human rights and humanitarian laws. The RNA justified its collective punishment of all the civilians as a preventive measure against possible
hijacking of Maoists.38
the
supplies
by
the
The security forces in Baglung claimed that around 50 Maoists were killed when government troops launched aerial bombings in the Galkot, Tarakhola and Argal VDC in the afternoon of 23 March 2004. 39 The security forces allegedly launched the operation after a tip-off that the Maoists involved in the Beni Bazaar attack of 20 March 2004 were hiding there.40 It was a retaliatory attack. On 17 February 2004, the security forces claimed that at least 35 Maoists were killed in aerial strikes on the alleged armed Maoists, holed up in Kotbara area of Kalikot district. The security forces used night vision helicopters to launch strikes against the rebels on 16 February 2004.41 The Royal Nepal Army makes no distinction between the civilians and the Maoists. The RNA often kills the innocent civilians and claims them to be Maoists. The use of such aerial bombings is disproportionate, unjustified and therefore, prohibited under international human rights and humanitarian laws. The phenomenon of disappearance is indicative of the grave human rights crisis. According to the latest report of the United Nations Working Group on Enforced Disappearances, the NHRC
38
RNA
blocks
supplies
in
Achham,
The
35
. Polls answer to Nepal impasse, The Pioneer, . UK donates choppers to Nepal, The Tribune, . Dozens of children were hurt in Binayak
Kathmandu Post, Kathmandu, 18 April 2004

39
New Delhi, 7 April 2004

36
Kathmandu Post, Kathmandu, 24 March 2004

40
. 50 rebels dead in Baglung bombings, The . Over 50 Maoists killed in air raid, The . 20 civilians dead, Nepal aerial raids kill 35
Chandigarh, March 2003,

37
Himalayan Times, Kathmandu, 24 March 2004

41
bombing, The Kathmandu Post, Kathmandu, 16 April 2004.
Maoists, The Pioneer, 18 February 2004
12
has 1,619 cases to investigate: 1,234 cases attributed to the security forces, 331 attributed to the Maoists, and 54 cases were attributed to unidentified persons. Even more worrisome, the phenomenon has grown exponentially in the last few years, from dozens of cases before the NHRC in 2000-2001 to more than 600 lodged in 2003-2004. Even the internal Government-appointed Investigative Commission on Disappearances, acknowledged that more than 1,000 cases have been brought to its attention.42 On 13 September 2003, Krishna K.C. was reportedly arrested by plainclothes security personnel in Kathmandu. On 23 September 2003, a habeas corpus petition was filed. But it was dismissed on 28 November 2003 as the RNA denied his arrest. On the basis of deposition made by a human rights defender, the NHRC concluded that Mr. Krishna KC was illegally detained by the army in Bhairabnath Gan army barracks. In the meantime, a second habeas corpus petition for the production of Krishna KC was filed on 20 February 2004. On 31 May 2004, the Supreme Court of Nepal ordered the NHRC to prepare a report on the arrest and whereabouts of Krishna K.C. The RNA denied detaining Krishna K.C. and refused entry to NHRC representatives when they attempted to visit Bhairabnath Gan barracks on 7 June 2004. Based on Supreme Courts direction of 14 June 2004, NHRC was granted a visit to Bhairabnath Gan barrack. The RNA produced three other detainees but claimed that Krishna K.C. was not in their custody.43
42 43
Impunity and contempt for the rule of law contribute to unlawful killings in Nepal. While the Maoists have their own illegal 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 and Jagadal Gan had the audacity to decline to accept the notices of the Supreme Court with impunity. On 13 November 2003, when a court official went to the Bhairav Nath Gan barrack to serve the show cause notice as to why Surendra Khadgi was detained, officials at the barrack refused to accept it. Earlier on 6 November 2003, the Bhairav Nath Gan barrack also declined to receive notice issued by the Supreme Court regarding a plea filed by Shanti Shrestha for SC's order to release Nuchhe Narayan Shrestha.44 The only law enforcement personnel to have been punished since the conflict begun in 1996 is Major Ram Mani Pokhrel. After the declaration of emergency on 1 February 2005, he had been dismissed from service and sentenced to two years imprisonment45 for cold-blooded massacre of 19 persons including 17 Maoist cadres and two civilians at Doramba on 17 August 2003 when the talks between the Maoists and the government were held. Two years imprisonment for the cold blooded murder of 19 persons which has been described as violations of the International Humanitarian Law and, and especially, the Common Article 3 of the Geneva Conventions, the
44
. E/CN.4/2005/65/Add.1 of 28 January 2005 . http://www.achrweb.org/Review/2005/61-
Himalayan
News
Service,
Kathmandu,
20
November 2003.
45
05.htm
. The Himalayan News Service, 31 January 2005.
13
Constitution of the Kingdom of Nepal, the Army Act, the Police Act and the Armed Police Act46 by the NHRC of Nepal is inappropriately lenient by any yardstick. The NHRCs Investigation Committee report into the Doramba killings stated, After exhuming the dead bodies, the Committee discovered that the bullets had 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 more than one bullet of which in one case there were injuries on the head and the chest and in another case there were injuries on the throat and the chest. In the case of one dead body there was only one sign of bullet piercing through the right arm. However, there were no external injuries in the case of one dead body. Although due to decomposition and cleaning made by the rainy water it was difficult to ascertain in all cases the distance from which the bullets were fired, 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 the shots had been fired from a close range. Nowhere the bullets were found stuck inside the wounds. Although complete autopsy could not be performed on the dead bodies by taking them out due to decomposed state of the dead bodies, deep burial inside the ground and the dearth of physical and human resources, close observation of the parts, which carried wounds and injuries, was made and points were recorded. 47
46
The Maoists, on their part, have been equally responsible for gross violations of international humanitarian laws. In its latest report of 31 January 2005, the Office of the United Nations High Commissioner for Human Rights states, In reality, most of their (Maoists) policies and operations carried out in 2004, such as mass abductions, the recruitment of children, summary executions, the targeting of schools, trial by incompetent courts for crimes inappropriately punishable by death, forced labour and forced evictions, were flagrant violations of international law and qualify as war crimes under the Rome Statute of the International Criminal Court.48
b. Internally displaced persons India, the safety bulb?

Since the conflict started, an estimated 350,000 to 400,000 Nepalese have been internally displaced from their villages.49 Initially, the government established the Victims of Conflict Fund to assist the Internally Displaced Persons (IDPs). The IDP families were to be provided about $1.3 per day. However, many were excluded from state support. In 2004, the government claimed to have distributed nearly $56,000 to the IDPs. However, activists allege that the fund was so haphazardly distributed that the money did not reach most of the IDPs.50 Many UN agencies and international NGOs provide assistance for development-oriented programmes but no specific programme has been
48 49
. On-the-spot Inspection and Report of the
. E/CN.4/2005/114 of 31 January 2005
Investigation Committee of the NHRC 2060 BS (2003); The Kathmandu Post, 23 August 2003, 27 August 2003 and 19 September 2003;
47
.http://www.irinnews.org/report.asp?ReportID=4 .http://www.irinnews.org/report.asp?ReportID=4
50
. Ibid
14
undertaken to provide basic humanitarian relief to the IDPs. Often, the ability of the Nepalese citizens to cross over to India is shown as an excuse for the failure to provide to the IDPs who are living inside Nepal. According to some non-governmental sources, in late December 2004, around 200 Nepalese were crossing the border into India every hour to escape from the atrocities of both security forces and the Maoists.51 Across the Northern India Bihar, Uttar Pradesh, Uttaranchal, Haryana, Punjab, Himachal Pradesh and Jammu and Kashmir, and West Bengal thousands of ethnic Nepalese have been working as agricultural labourers. While there are no estimates as to the actual number of Nepalese migrants given the open borders, the figure is believed to be over 10 million. If the conflict continues, the number of migrants will increase and they will be forced to stay in India.52 Armed conflicts increase vulnerability of the poor, downtrodden and ethnic minorities. Indo-Nepal borders are infamous for trafficking of Nepalese girls, women and children to India. The government of India and Nepal never adopted any serious measures to stop trafficking.53 The number of people fleeing to India since February 1 have multiplied. Had the people of Nepal were not able to flee to India and displaced persons were confined to Nepal, the refugee and IDPs
. A Statement by the Asian Human Rights Commission, Nepalese exodus from impending
51
camps would have brought attention to the humanitarian crisis.
c. The collapse of the state structure:

The Maoists presently control about 70% of the landscape of Nepal and therefore, the populations living in these areas. By early 2004, the numbers of police stations in Nepal were reduced from 1500 when the Unified Command took over in November 2001 to 350.54 In majority of the police stations outside the 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 the Chief District officers also operate in similar 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 Nepal at any given time at around 500. Their principal assignment is to contain the Maoist insurgency in the country. The US embassy contests these figures, but doesnt deny the presence of an unspecified number of troops on a regular basis for joint training exercises.55 In addition, India and United Kingdom have been providing such assistance. The fact that the number of police stations in Nepal has been reduced from 1500 when the Unified Command took over in November 2001 to 350 at present shows that Nepal does not have the capacity to gather
disaster cannot be ignored, 14 December 2004 . Asian Centre for Human Rights,
52
The
54
implications of the Maoists war in Nepal: India must address its own concerns with the King of Nepal, 17 December 2004
53
. India trying to unite divided Nepali polity, The . THE EAGLE AND THE OX, The Telegraph, 26

55
. Ibid
March 2004
15
information about the Maoists.56 The counter-insurgency techniques offered by the British, United States and Indian officials have little value outside of Kathmandu valley or major towns.
d. The collapse of the judiciary:

By December 2003, the courts have virtually stopped functioning in 19 hill district courts. The number of cases dropped drastically with less than 50 cases per year, according to a report of the governments Judicial Council. Official figures suggested that there was only one case at the Accham District Court, three at Manang and nine at the Rasuwa District court in the year 2003. The Mustang District Court did not have any case to handle in the same year. There were 22 cases at Mugu District, 29 at Humla, 21 at Doti, 28 at Baitadi and 28 at the Dadeldhura district courts in the last fiscal year. The respective district courts in Rolpa Kalikot, Darchula, Khotang, Pyuthan and Rukum districts had less than 20 cases to handle.57 The Supreme Court has also failed to inspect the Appellate and District Courts in the country from 2002 "owing to bad law and order situation though it is required to inspect the subordinate courts every year as per the Judicial Administration Act of 1991 and SC regulations.58 In March 2005, the Supreme Court announced that it was considering reducing judicial staff. A panel headed by Judge Prem Sharma is presently
56
reviewing manpower requirement. Presently, there are 12,000 officials in countrys courts, including 300 judges in all the courts and tribunals. Altogether 19 district courts have less than 40 cases each, and a dozen appellate court judges do not have enough cases. Moreover, people have stopped filing cases for fear of a Maoist backlash. Some judges of the hill district courts have stopped attending office due to lack of work and fear from the Maoists.59
e. The collapse of the health care system:

Nepal has one of the highest maternal mortality rate with reports putting the figure at under 600 mothers per 1000 live births. About 4,500 pregnant mothers die every year in unsuccessful deliveries. Over 90 per cent of the babies take birth at home, with only 13 per cent of the deliveries taking place in the presence of a trained health worker.60 In April 2004, the Royal Nepal Army (RNA) blocked food, medicine and stationary supplies to at least 24 VDCs in Achham.61 Yet, the delivery of health care services also depends on the Maoists. During the Maoists blockade from 13-26 February 2005, the routine vaccination programmes was badly affected after the drugs supply was cut off following the disruption of transportation services. Medicine could not be delivered to the
59

57
. India trying to unite divided Nepali polity, The . No work in 19 courts triggers judicial rethink, . SC judges fail to inspect courts, The Himalayan
Himalayan Times, 9 March 2005

60
. Judicial manpower-cutting on cards?, The . Too many Nepali women die during childbirth, . RNA blocks supplies in Achham, The
The Himalayan Times, Kathmandu, 2 January 2004

58
The Kathmandu Post, 25 October 2003

61
Times, Kathmandu, 7 January 2004
Kathmandu Post, 18 April 2004
16
hill districts of Terhathum, Khotang, Taplejung, Okhaldhunga, Dhankuta, Sankhuwasabha, Bhojpur, Ilam, Phidim and Solukhumbu. The stock of vaccines against polio, BCG, DPT, measles and hepatitis B has come near to an end, thereby affecting the regular vaccination programmes, which are conducted in the first and last week of every month.62 The Maoists blockade also hit the main government Zonal Hospital in the southwestern town of Lumbini due to halt of the supply of oxygen cylinders from the capital Kathmandu. Hospital sources said lack of oxygen prevented the doctors from performing all but the most serious operations. The Lumbini Zonal Hospital issued a notice on 21 February 2005 saying it had suspended operations due to the shortage of oxygen.63 On 22 February 2005, Maoists reportedly bombed and set on fire an ambulance run by a non-profit organisation near Khaireni along the Kohalpur-Lamahi section of the Mahendra highway for defying the blockades. Prior to the bombing, the Maoists, however, forced the driver Krishna Chaudhari, and Ganesh Kumar Gupta, chairman of Rapti Seva Sangh to come out of the vehicle.64 On 22 September 2004, the Maoists disrupted the measles vaccination campaign by detonating powerful bombs that also destroyed the health post at
Udayapurgadi, north of Gaighat.65 On the evening of 10 August 2004, the Maoists rebels attacked the Mahendra Hospital in Ghorahi in this mid-western Terai district.66 On 8 April 2004, a group of Maoist rebels attacked an ambulance belonging to Rolpa Red Cross Society with socket bombs at a place lying between Motipur and Jayapur VDCs in Kapilvastu district.67 On 7 March 2004, the Maoists set fire to two private vehicles carrying medicines and a team of medics at Chupra bazaar of the Belpata Village Development 68 Committee. The Maoists have prevented the people from attending the health camps organised by the RNA in the Far Western region. In June 2003, they have reiterated their call and threatened to take "physical action" against those defying their order.69 On 18 September 2003, large groups of armed Maoist rebels reportedly confiscated drugs from a mobile team of health workers from two remote VDCs in north Gorkha district. The Maoists looted polio and tetanus vaccines from health workers of Samagaon and Lho VDCs bordering Tibet, the Chinese autonomous region, around 45 kilometres away from Gorkha bazaar, the district headquarters.70
65
. .
Maoists Maoists
disrupt open
measles fire
vaccination, hospital,
The The
Kathmandu Post, 23 September 2004

66
inside
Kathmandu Post, 12 August 2004

67
. Maoists attack ambulance, The Kathmandu . Maoists torch vehicles carrying medicines, The . Maoists warn against attending army health . Maoists loot polio vaccines, The Kathmandu
Post, 9 April 2004

62
Himalayan Times, 25 February 2005

63
. Medicine shortage hits eastern hills, The
68
Kathmandu Post, 9 March 2004

69
. Nepal hospitals hit by blockade, The Asian Age, . Maoist bomb an ambulance, The Nepal News,
23 February 2005
64
camps, The Kathmandu Post, 24 June 2003

70
23 February 2005
Post, 20 September 2003
17
The government simply does not have the capacity to provide health care services to the rural areas.
f. Food insecurity
People in Nepal suffer from tremendous food insecurity and deprivation of their resources by the security forces and the Maoists. In order to prevent food from falling into the hands of Maoists, Nepalese security forces often impose food blockade. They allow only small quotas of food on a weekly basis. But the margins are too small for the merchants to make the dangerous roundtrip. The banned items include batteries, canvas shoes, cooking oil, instant noodles etc. The food blockade often hit the innocent civilians more than the Maoists. A villager in Pandusen told The Nepali Times: 'The Maoists come in groups and force us to feed them at gunpoint. They dont care whether we have enough food. The Maoists also ask for a grain tax from farmers who have no cash.71 In mid-April 2004, the Royal Nepal Army blockaded food, medicine and stationary supplies to at least 24 VDCs in Achham for a week following the RNA air raid in Bhairable area, east of Khalanga, the district headquarters of Nepalgunj on 12 April 2004. The supplies were held back at the district headquarters and were not allowed to be transported 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
71 72
mid-western region suffered from acute food shortage as the authorities have failed to supply the required quota of food grains to these districts. Though its been quite sometime since the rice stocks in the food godowns of Jumla, Humla, Kalikot, Dolpa and Mugu districts have been exhausted, the authorities are yet to supply the allotted quotas to these districts. Residents of far away villages, who have been coming to the district headquarters in the hope of acquiring food grains, have to return home empty handed. One Lokmani Acharya of Pina Village Development Committee (VDC) in Mugu district told the press that he did not have a single grain of food left in his house and had come to collect rice but was asked to come back only after the helicopter brought in the supply. Out of the 5,900 quintals of rice allotted by the government to the Mugu district for the current fiscal year, only 2,400 quintals have actually reached so far.73 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 the eastern region Ilam, Panchthar and Terhathum. Annual exams in the schools have been postponed. More than 50,000 students are stranded.74 In mid November 2003, the Maoists imposed an economic blockade in Diktel, headquarters of Khotang district. The blockade had adverse impact on Diktel residents. The residents were deprived of selling their agro-product in exchange for other necessities such as
73
. Acute food shortage in Mid-west, The . Nation reels under blockade, The Himalayan
. The Nepali Times, 28 November 2002 . RNA blocks supplies in Achham, The
Kathmandu Post, 25 February 2005

74
Kathmandu Post, 18 April 2004
Times, 25 February 2005
18
salt, kerosene, cooking oil and sundry goods. Baring a few villages close by Diktel, residents from the rest of the Village Development Committees (VDCs) were unable to carry their goods for sale to the district headquarters. Maoists had placed public notices in several places asking villagers not to carry any goods to Diktel. The rebels had also sealed the points from where imported goods get through to Diktel. Maoists had also confiscated goods being carried to Diktel in places such as Rasuwaghat and Salle of Udayapur and Batase Ramailo, Tuwakhola, Bhandaretar and Regmitar of Khotang.75 In October 2003, the Maoists insurgents imposed an embargo on food supply as well as transportation of other commercial items into the district headquarters, Mangalsen, and Sanfebagar. 75 Village Development Committees not only faced the shortage of 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 at Dhangadhi of Kailali. As a result, the locals were forced to maintain their sustenance through the consumption of maize commonly available there, as their daily staple, which they had to procure at very high prices. Previously, maize-seed would cost around seven rupee for one Mana (about half a kg), but after the imposition of embargo, the prices went upto Rs. 35.76
g. The collapse educational system
of
the
The right to education has been seriously affected by the armed conflict. There are two kinds of educational systems in Nepal one run by the government and the other by the Maoists, known as Janabadi Sikshya (peoples education). Many schools have turned into military barracks of the RNA. In May 2004, the Maoists prevented hundreds of newly appointed schoolteachers from teaching in schools until they become familiar with the Maoist education system. The teachers were not allowed to join their duties even if they have passed the teacher licensing exams and have obtained appointment letters. Approximately 7,000, out of the 14,500 teachers, who have passed the licensing examinations conducted by the Teachers Service Commission could not join duty due to Maoist opposition. The Maoists insist that their Janabadi Sikshya (peoples education) be made part of the school curriculum and that teachers get training on it first.77 The Maoists resort to abduction of the teachers to familiarize the teachers on the Maoists education policy. According to Chuman Singh Basnet, Director General at the Department of Education, by May 2004, a total of 136 teachers have lost their lives in the ongoing Maoist conflict while another 200 have left for urban centers seeking safety. On 19 May 2004, the Maoists released 100 teachers in Sarlahi after their abduction. The abducted teachers had been taken to Parbanipur VDC and
77
75
. Maoists impose economic blockade at Khotang, . Maoist-controlled far-western Achham faces
The Kathmandu Post, 25 November 2003

76
food shortage, The Kathmandu Post, 29 October 2003
. Maoists bar teachers from joining schools, The
Kathmandu Post, 20 May 2004
19
given one-day-long training on Janabadi Sikshya in the presence of hundreds of heavily armed Maoists.78 Defying bandh called by the Maoists or its students front, All Nepal National Independent Students UnionRevolutionary (ANNISU-R), attract violent actions. After proclamation of emergency on 1 February 2005, the Maoists also imposed an indefinite educational bandh in Bardiya and Chitwan districts. A total of 371 schools have been closed in Bardiya district following the Maoist threats. The Maoists have reportedly instructed the teachers and students to boycott classes until further notice. The Maoists diktat came a month before the School Leaving Certificate examinations and over 100,000 students in Bardiya district have been affected. In Chitwan district, over 70,000 students belonging to 240 schools (private and public) have been affected by the Maoists educational bandh. The Maoists reportedly abducted over 200 students and teachers from Bhumadevi Secondary School at Deurali VDC in Nuwakot district.79 Even schools in Nepalgunj reportedly have come under attack. On the night of 14 February 2005, the Maoists reportedly bombed and destroyed six schools - Ratmata Secondary School, Solawang Secondary School, Kailideu Lower Secondary School, Thurpunge Lower Secondary School, Dangdunge Primary School and Garadhunga Primary School in Musikot, the district headquarters of Rukum. This has left the
78 79
students and the teachers terrorized. Some 50 candidates for the upcoming School Leaving Certificate (SLC) exams would be immediate victims.80 Scores of girls could not sit for the nursing examination, which was conducted at Nepalgunj on 19 February 2005. They could not reach Nepalgunj due to absence of transport due to the blockade.81 On 20 February 2005, the Maoists detonated explosives in several schools including Mahendra High School, Modern Public School, Mangal Secondary School, Chandra Mewalal Secondary School and Bheri Technical School,82 for having defied their educational strike.83 In April 2004, over a dozen schools including Sita Ram Higheer Secondary School, Latamandau Lower Secondary School, Radha Krishna Secondary School and Gora Primacy School in Doti were closed due to Maoists abducting the teachers and students. Many teachers and students fled the area to escape abduction.84 On 1 May 2004, more than a dozen students, including girls, of Bidya Mandir Higher Secondary School at Binayak Achham district reportedly fled to India due to continued atrocities perpetrated both by the security forces
. Rebels destroy six schools, SLC students . Bands, blockades cripple life, The Kathmandu
80
affected, The Kathmandu Post, 20 February 2005

81
Post, 20 February 2005

82
. ibid
. ibid . Maoists shut schools in Bardiya, Chitwan;
83
. Maoists rule Nepal highways, The Telegraph, 23 . Maoist action leads to schools closure, The
February 2005
84
abduct students in Nuwakot, The Nepal News, 26 February 2005
20
and the Maoists aftermath of the aerial bombings by security forces on 12 April 2004. 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 Maoists led to the students of Mudbhara leaving their village to join the schools in the district headquarters.86 In May 2004, the Maoists shut down six government schools in Baglung district after issuing a threat to lock all private, community and boarding schools of the district on the ground that education was being commercialized and schools were charging exorbitant fees. The schools those were shut down included Prabha Secondary School of Burtiwang and Gyanendra 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 Indian School 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 the school were completely damaged by the explosion.88 The indefinite educational strike was called by the Maoists student wing, ANNISU-R demanding reduction of fees in private schools by 29 per cent, 25 per cent in higher secondary schools,
85
free education in community schools and withdrawal of the terrorist tag attached to it.89 On 11 June 2004, over five-dozen teachers of 13 primary and lower secondary schools, one secondary school and two Sanskrit schools of Devghat VDC in Narayangarh were reportedly abducted by the Maoist rebels for training on Janababi Shiksya. All schools faced indefinite shut down.90 The Jana Jyoti Secondary School, Kunathari, in western Surkhet was shut down since 23 June 2004 after the Maoists' student wing, ANNISU(R) threatened the school administration to return the admission fee and monthly fee to the students.91 On 17 July 2004, the ANNISU-R shut down 47 private schools in Jhapa for allegedly operating without the permission of the District Education Office of the Maoists. The closure had affected over 15,000 students.92 Over half-a-dozen boarding schools in Phidim were closed for indefinite period from 31 August 2004 due to the fear of increased Maoist activities. Mechi, Naya Namuna, Nilkantha, Balkiran, Vidyabardan and Nava Jyoti boarding schools were shut down.93
89
. Maoist strike hits schools nationwide, The . Schools shut after teachers abduction, The . Maoist threat leaves school closed, The
Himalayan Times, 7 June 2004 . Violence-hit schoolkids flee Nepal, The

90
Himalayan Times, 3 May 2004

86
Kathmandu Post, 13 June 2004

91

87
. Maoist fears see students flee village, The . Maoist force closures of 6 govt schools, The . Maoists attack Indian-run school in Nepal, The
Himalayan Times, 27 June 2004

92
. Rebel students close 47 private schools, The . Phidim schools shut due to Maoist fear, The
Himalayan Times, 17 May 2004

88
Kathmandu Post, 18 July 2004

93
Central Chronicle, 10 June 2004
Himalayan Times, 2 September 2004
21
On 5 September 2004, the ANNISU-R called an indefinite educational strike. The strike directly affected some 150,000 school and college students 100,000 in Makwanpur and 50,000 in Tanahun. Likewise, over 700 public and private schools in Tanahun district were closed down indefinitely.94 ANNISU-R called an indefinite educational strike from 10 September 2004. Over 100 schools in Udaypur district were closed down and it affected over 40,000 students. All the educational institutions in Kailali district were shut down from September 13, 2004 due to the strike called by ANNISU-R. At least 43 schools in Ramechhap district remained shut down from September 17 due to the indefinite strike called by the Maoist-aligned All Nepal Teachers Organisation. Over 10,000 students were effected by the closure.95
h. The use of child soldiers

There have been credible reports of the Maoists recruiting child soldiers. The Maoist-aligned student wing All Nepal National Independent Students' UnionRevolutionary (ANNISU-R) has been responsible for forcing school students of the Kathmandu to take its membership. According to Karna Bahadur Shahi, president of National Private and Boarding Schools Association Nepal (N-PABSAN), the ANNISU-R activists storm into the schools and force students of classes eight, nine and ten to take their membership and if any school tries to
resist, they threaten the management.96 In two days i.e., 13 and 14 November 2003, the Maoists allegedly forcibly mobilized around 1,000 students from several schools of Achham district for "organisation expansion. The abducted students comprised of the nine grade and above mostly from the Jalapa Devi and Bidhya Mandir higher secondary schools and schools of Raniban, Dhakari, Toli, Binayak, Koika VDCs.97 Another 200 teenage students have allegedly been abducted by the Maoists from Nandeswari Secondary School and Bindeswari school in Achcham district on 4 December 2003.98 Many school children from remote Mugu district have reportedly fled their homes to some safer places to escape Maoist recruitment of youth and school children as their party cadres. Some of these children are working as dishwashers in hotels while others are engaged in other manual labour.99
2.4 The justification international intervention
for
The World Bank has suspended US$ 70 million budgetary support for the current fiscal year under the Poverty Reduction Strategy Credit (PRSC)-II, albeit for financial reasons - extremely slow implementation of agreed reform measures.100 While Denmark and Switzerland have suspended their
96
. Maoists forcing students to join ranks, The . Thousand students abducted? The Himalayan . 200 schoolkids abducted: Official, The
Kathmandu Post, 20 June 2003

97
Times, 15 November 2003

98
Himalayan Times, 6 December 2003

94
. ANNISU-R strike affects hundreds of schools, . No sign of Udaypur schools reopening, The
99
. Schoolchildren flee Maoist recruitment, The . IMF may follow suit WB to suspend $ 70m aid,
colleges, The Kathmandu Post, 6 September 2004

95
Kathmandu Post, 16 December 2003

100
Himalayan Times, 21 September 2004
The Kathmandu Post, 26 February 2005
22
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 guarantee economic reforms or security to undertake humanitarian and development activities.102 International community must accept the reality of the human rights and humanitarian crisis in Nepal. The resolution of the Maoist problem is fundamental for addressing human rights and humanitarian law violations in Nepal. When the negotiation between the government of Nepal and the Maoists failed in August 2003, domestic interlocutors had little influence either on the government or the Maoists. Drawn from civil society activists or former political leaders, they serve as mere messengers. The talks held in 2001 and 2003 never reached beyond the discussion on the agenda. It is essential that international mediators who have leverage over the Maoists and the government are involved in the process. The United States has expressed fear that the Maoists may come to power and the humanitarian ramifications of such a regime would be immense, reminiscent of the nightmare brought upon Cambodia by Pol Pot.103 While the Maoists have been responsible for gross violations of humanitarian laws, creating
101 102
phobia about a Pol Pot regime must not be at the cost of condoning the violations being committed by King Gyanendra. Unless international community intervenes to resolve the Maoists problem, Nepal is likely to become another Killing Fields akin to Pol Pots Cambodia.104 The killings in Kapilvastu district from 17-23 February 2005 are a clear testimony.105 It is essential to realize that the Maoists control 70% of the territory. Nepals problem cannot be resolved by ignoring the Maoists. In fact, delivery of humanitarian assistance in the rural areas where it is desperately needed, require some kind of agreement with the Maoists. If the international community can engage with the Liberation Tigers of Tamil Eelam (LTTE) in Sri Lanka, there is no reason as to why it should not engage with the Maoists to ensure that the Maoists too comply with international human rights and humanitarian law standards. The restoration of democracy seized by King Gyanendra must entail the framework where over ground political parties of Nepal are able to engage in negotiation with the Maoists to find peaceful solution to the gravest humanitarian crisis in South Asia.
. nepalnews.com pd Mar 12 05
Himalayan Times, Kathmandu 13 March 2004

103
. Punish human rights violators, says NHRC, The . Statement of Donald Camp, Deputy Assistant Committee on International
104
.http://news.bbc.co.uk/1/hi/world/south_asia/ . NHRC member prevented from traveling, The
Secretary of State before the U.S. House of Representatives Relations in Washington D. C. on 2 March 2005.
4325015.stm
105
23
3. Human rights violations since 1 February 2005

Since the declaration of emergency on 1 February 2005, King Gyanendra has unleashed a reign of terror on the political activists, peaceful demonstrators and their incommunicado detention and arrest of human rights defenders, journalists, student leaders, academics, women rights activists, trade unionists etc. King Gyanendra has given carte blanche for the gross human rights violations through the ban on human rights monitoring and on press freedom and by bringing the Supreme Court judges under the purview of the Royal Commission on Corruption Control (RCCC).
While Prime Minister Sher Bahadur Deuba was released on 11 March 2005, at least 21 political activists including former minister and Nepali Congress leader Mohammad Aftab Alam, were arrested by police in Gaur, Rautahat district on 12 March 2004.108 The government has reportedly released 50 political detainees but refused to divulge the precise number of political detainees. Over 500 political activists have reportedly been arrested so far; and the number of political detainees has been increasing everyday. On 4 March 2005, the government of Nepal extended the house-arrest-term of six senior political leaders by two months, including those of Nepali Congress President Girija Prasad Koirala, CPN-UML General Secretary Madhav Kumar Nepal, UML Standing Committee member Bharat Mohan Adhikari, Peoples Front of Nepals Chairman Amik Sherchan and NC (Democratic) central leader Purna Bahadur Khadka.109 The government had already provided three-month detention orders to most of the 450 leaders and cadres detained on various dates since February 1.110 Telephone lines of about two dozens leaders still remain cut off, including those of Nepali Congress President Girija Prasad Koirala, CPN-UML General Secretary Madhav Kumar Nepal, Peoples Front Nepal leader Amik Sherchan, Nepal Workers and Peasants Party Chairman Narayan Man Bijukchhe, Youth leaders Binod
108 109
3.1 Repression on the political activists

It is clear that prior to the seizure of power, King Gyanendra prepared a list of 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 forces engaged in fighting Maoist 106 insurgency. No meeting, conference, workshop or interaction programme which undermine the Kingdoms sovereignty and integrity, disturb the law and order of the country or cause any adverse effect on the current state of emergency can be held in Nepal.107
106
. Nepal bans criticism of armed forces, The . King lifts curbs on meetings, The Economic
Tribune, 8 February 2005

107
. Govt extends house arrest of leaders, The . Ibid
. nepalnews.com mbk Mar 12 05

110
24
Kayastha, Gokarna Bista and Gagan Thapa, Kathmandu NC leaders Tirtha Ram Dangol, Bhimsen Das Pradhan, Bhaktapur NC leader Lekhanath Neupane, WPP leader Prem Suwal, PFN leaders Lila Mani Pokharel and Ghanashyam Poudel.111 Hundreds of political activists remain under house arrest or in prisons under the Public Safety Act. While the King freed about 150 inmates, mainly convicted criminals, from different prisons across the country on the occasion of 55th National Democracy Day on 18 February 2005,112 over one hundred activists of Nepali Congress and other opposition parties were detained from all over the country for carrying out peaceful demonstrations in favour of peace and democracy.113 Chronology of arrest On 8 March 2005, over 200 political activists including senior party leaders, former Members of Parliament and party central working committee members, were arrested for defying orders issued under the state of emergency in Kathmandu, Pokhara, Tanahun, Chitwan and Dhangadhi.114 Nearly two dozen activists including CPN (UML) leader Ms Bidya Bhandari, Nepali Congress (Democratic) leaders and former ministers Tek Bahadur Chokhyal, Mrs Bhim Kumari Budha Magar and former lawmaker Krishna Kishore Sharma
111
Ghimire were arrested by police while demonstrating in Ason-Bhotahity area in Kathmandu in the afternoon.115 Other arrested included former ministers Khem Raj Bhatta Mayalu of NC (D), former state minister Sushila Swar of NC (D), former assistant minister Bachaspati Devkota, Chandra Bhandari, Govinda Kandel, Amia Raj Yadav, Nirmal Kumar Pudasaini, Khagendra Bhandari, leaders of the NC (D) Rudra Mani Bhandari, Dirga Raj Bhat, Ganesh Shahi, Badri Chaulagain, Damber Kumari Bhatta, Anand Dhungana and a few student leaders.116 Over 130 political activists were detained in the southern town of Janakpur,117 35 demonstrators in Tanahun, 22 in Pokhara,118 7 in Dhangadi and 28 in Narayangad in Chitwan119 while taking part in peaceful demonstrations. On 6 March 2005, security forces arrested four student leaders. While Indu Sharma, President of Nepali Congress aligned Nepal Students Union (NSU), Govinda Gautam and Madhu Mishra were arrested from Saraswati Campus Unit, Asta Kumar Sahi was arrested from his house at Bagbazaar.120 On 4 March 2005, the security forces reportedly arrested the CPN (Maoist) district leaders Surya Nath Yadav alias Subash, 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, . Over 200 protesters held, The Nepal
The Himalayan Times, 9 March 2005 . Phone lines of leaders cut, The Kathmandu . 150 inmates freed, The Kantipuronline, 18
117

112

118
February 2005
113

119
. Parties stage protests, hundreds arrested, The . Hundreds arrested on first day of five-party . Student leaders detained, The Kantipuronline,
. Over hundred opposition activists detained, . Over 100 held for defying Emergency orders,
nepalnews.com, 19 February 2005

114
protests, The Kantipur online.com, 9 March 2005

120
The Himalayan Times, 9 March 2005
7 March 2005
25
Sudan Rai from a house at Kachanahi area of Saptari district. Security forces claimed to have recovered a Chinese pistol, bullets and cordless phones from the Maoist leaders. Security forces also reportedly arrested Birbal Yadav and Dharma Nath Yadav, two district leaders of Terai National People's Front, a Teraibased underground insurgent group, in Sarlahi.121 On 3 March 2005, at least 7 Nepali Congress cadres including Central committee member of NC, Baldev Sharma Majgainya, Ram Chandra Khadka, Lokesh Dhakal, Jhapat Bhandari, Keshav Chalise, Rajendra Wagle and Vedraj Lama were arrested from Ason, Kathmandu where they were holding a public demonstration.122 About a dozen of CPN-UML cadres including former Members of Parliament Kamal Koirala and Rajendra Lohani, General Secretary of All Nepal National Free Students Union Thakur Gaire and Kathmandu district Committee member of the party Bashanta Manandhar were also arrested on 3 March 2005 at a protest rally near Ason in Kathmandu. Saroj Kafle and Pradip Humagain, student leaders affiliated with Nepal Students Union were also arrested at Ason.123 One 2 March 2005, more than 12 student activists of five students unions having allegiance to Nepali Congress, CPNUML, Nepali Congress-D, Peoples Front Nepal and Nepal Sadhbhawana
121
Party (Anandevi faction) were arrested by the police from various campuses in Kathmandu valley for staging protest demonstrations demanding early restoration of peace and democracy. Those detained from Pashupati Campus have been identified as Suraj Khada, Chandra Mani Khatiwada, Arjun Shahjan, Ravi Bista and Dolraj Sharma. The identity of student leaders apprehended from other campuses including Trichandra Campus could not be verified.124 Of the 31 CPN-UML activists arrested for demanding early restoration of democracy in Kaski on 1 March 2005, four activists identified as Rabindra Adhikari, Sri Nath Baral, Man Bahadur GC and Rajiv Pahari were reportedly sent for three months jail under Public Safety Act. The rest were released125. On 27 February 2005, police arrested 17 cadres of the Nepali Congress across the country, as they staged protest demonstrations demanding the restoration of peace and democracy. Sirjana Adhikari, a central member of Nepali Students Union, and Medini Sitaula, a former NSU vice-president, were arrested from Kathmandu. Eight NC activists were arrested in Parsa district while NC District President Raghu Paudel and Purushutam Kafle were detained in Tanahun district. Five NC activists NC district chief Chandra Singh Bhattarai were arrested in Dhangadi while taking out a protest rally.126
124
Nepal News, 8 March 2005

122
. Three Maoist district leaders arrested, The . Majgainya among NC cadres arrested, Kantipur . Over dozen protesters arrested, The
campuses, Kantipur Online, 3 March 2005

125
. 12 students arrested from various Valley . DAO releases Trade Union leader, The
Online, 4 March 2005

123

126
. 17 NC protestors detained across Nepal, The
Kantipur Online, 1 March 2005
26
On 23 February 2005, an elderly leader of NC, Bhaktapur Tilak Prasad Kayastha, was arrested.127 On 20 February 2005, security personnel arrested nine workers of the Nepali Congress (NC) including two women members and Poshanath Sharma, Kaski district secretary in Pokhara.128 Eight activists including former Member of Parliament Hari Bhakta Adhikari, Meena Pandey of womens wing of the Nepali Congress (NC) and leader of NCs student wing Keshav Poudel were arrested in Kathmandu while taking out a rally demanding restoration of democratic rule. About three-dozen cadres of Nepali Congress and Nepal Sadbhavana Party (NSP, Anandi Devi) were rounded up by police in Janakpur in eastern Nepal. Eight leaders including former Members of Parliament Ananda Prasad Dhungana and Smriti Narayan Chaudhari were arrested in the morning, along with six others. Former mayor Brishesh Chandra Lal and NSP district Chief Ram Govinda Ray were arrested from near their party offices. In Pokhara, police intervened at a protest rally organized by Nepali Congress and arrested 15 cadres including Upper House member Shukra Raj Sharma. In Tanahun, Nepali Congress leader Ram Chandra Pokharel was picked up by police from a rally. In Dhangadhi, NC central member Sunil Kumar Bhandari was arrested along with 10 others. Nine persons, including Nepali Congress Doti district chief Yagya Raj Pathak, were
arrested in Dipayal.129 Besides them, Mukti Prasad Sharma from Kathmandu, former NC MP Dr. Gopal Koirala from Jhapa 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 Bhatta and Surendra Bista were detained in Mahendranagar while staging peaceful demonstrations. Police have detained four activists affiliated to Nepali Congress (Democratic) including district president of the party, Hari Rajoure.131 Other Nepali Congress leaders and activists arrested on 18 February 2005 include Rajan Dahal, Dr Krishna Prasad Dahal, Satya Raj Bhandari, Kamal Bahadur Khatri, Hari Kumar Koirala, Ram Kumar Mulmi, Jagadish Kuinkel, Sarita Ban, Keshav Poudel, Pradip Khadka, Bishal Regmi, Mani Raj Regmi, Ram Prasad Kafle, Ram Bahadur Bista, Bharat Raj Bhandari, Lab Shri Neupane, Dipak Poudel, Mukti Prasad Sharma, Jit Bahadur Puri, Rajendra Dhital, Kumar Khadka, Bal Chandra Poudel, Gopal Subedi, Hari Khadka, Prabhat Ale and Rajendra KC.132 On 17 February 2005, Lalitpur District President of Nepali Congress Jagat Raj Shakya was picked up by security forces from his residence at Patan.133
129
. Protests, arrests mark Democracy Day, The . Dozens of activists detained, nepalnews.com, . Over hundred opposition activists detained,

130
18 February 2005
131
nepalnews.com, 19 February 2005

127
. Phone lines of leaders cut, The Kathmandu . 128. 9 NC cadres arrested, The Kathmandu
132
. NUTA demands release of professors, others, . CWIN chief arrested, The Kathmandu Post, 18

128

133
February 2005
27
On 16 February 2005, security personnel arrested Nepali Congress (NC) Spokesperson Arjun Narsingh KC and NC leader Meena Pandey from the party office at Sanepa. The NC Spokesperson was reportedly arrested while he was addressing a press meet called to announce launching of a peaceful agitation by major political parties against the royal takeover.134 On 15 February 2005, three Nepali Congress workers Raghubar Bhatta, Lok Raj Bhatta and Ganesh Datta Bhatta were reportedly arrested by the security forces at the district headquarters of Dadeldhura. All of them are district-level workers of the party.135 All Nepal National Free Students Union (ANNFSU) leader Ram Kumari Jhankri was arrested on 18 February 2005.136 The government also arrested about half a dozen academicians "without any reason". Nepal University Teachers Association (NUTA) demanded their immediate release. Those arrested include academician former NUTA President Khagendra Bhattarai, Professor Lok Raj Baral, Professor Soubhagya Jung Karki, Professor Man Bahadur Bishwokarma, Dr Krishna Prasad Dahal, Ramakanta Sapkota and Jagannath Khatiwada.137
On 8 February 2005 at around 8 am, security personnel arrested former mayor of Dharan Municipality, Manoj Kumar Meyangbo from his residence. Police also arrested CPN-UML cadres Pradeep Bhandari, Murari Subedi and Rajkumar Rai and members of Nepal Students Union (NSU) Shyam Pokhrel, Basanta Rai and Bikash Acharya.138 On the same day, the security personnel also arrested Assistant District Secretary of the CPNUML, Bikash Lamsal from his rented apartment in the district headquarters of Parbat. He was arrested on charges of possessing documents that allegedly denounced the royal proclamation.139 On 5 February 2005, student leaders Kalyan Gurung, Rajendra Rai, Kundun Kafle, Roop Narayan Shrestha and Guru Ghimire were arrested.140 On 4 February 2005, 21 pro-democracy protestors including the Nepali Congress leader Ganga Dutta Joshi, who were arrested earlier from Mahendra Nagar, were reportedly moved to the Kanchanpur prison. They were detained under the Public Security Act.141 On the same day, former Works and Physical Planning Minister Mr Prakash Man Singh, former Agriculture Minister Mr Homnath Dahal, former Education Minister Mr Bimalendra Nidhi and former Minister of State for Foreign Affairs Mr Prakash Mahat and spokesman of Nepali Congress (Democratic) Mr Minendra Rijal were arrested on alleged corruption charges.
138
134
. Two NC leaders detained, The Kantipuronline, . Kantipur correspondent and 3 others under . Ibid . NUTA demands release of professors, others,
Former
mayor,
students
arrested,
The
17 February 2005
135

139
. CPN-UML cadre arrested, The Kathmandu Post, . Email message from Nepal. . Tales of torture, abuse in Nepal, The Times of
arrest, The Kantipuronline, 17 February 2005

136 137
10 February 2005
140 141
India, 7 February 2005
28
They were holding a meeting at the party office in Maharajgunj area of Kathmandu.142 On 2 February 2005, the General Secretary of Nepali Congress, Sushil Koirala, along with over a dozen political activists, was arrested from Nepalgunj.143 On 1 February 2005, senior Nepali Congress leader and former Deputy Prime Minister Ramchandra Poudel was arrested from Tanahun.144 On the same day, 35 pro-democracy protestors including Amod Upadhyaya and Ashok Koirala, Nepali Congress leaders, and Guru Baral and Naresh Pokharel, CPN (UML) leaders, were reportedly arrested from Biratnagar. They were reportedly moved to prison on 4 February 2005 after having been charged under the Public Security Act.145 On 1 February 2005, 15-20 students were arrested and were reportedly hit with 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 150200 students into custody. When 59 students were released in the afternoon of 2 February 2005 after the university's campus chief intervened on their behalf, they claimed they had suffered "extreme torture" during their detention.146 The conditions of the detainees are not known. A few dozen political leaders
142
who had been detained at the Armed Police Headquarters, Halchowk, Kathmandu were reportedly blindfolded, put into army vehicles with opaque glass windows, taken to Tribhuwan airport, and from there flown to Kakani and Panchkhal barracks in a helicopter.147 Most of the detainees are being held incommunicado. On 1 March 2005, US Ambassador to Nepal, James F Moriarty was prevented from meeting Nepali Congress President Girija Prasad Koirala, who is under house arrest. This was the second time that Ambassador Moriarty had been denied access to Koirala since 1 February 2005.148
3.2 Ban on human rights monitoring

King Gyandendra did not launch direct assault on the human rights defenders but adopted a policy of arresting only those who oppose the proclamation of emergency. On 10 February 2005, as many as 11 human rights activists namely Suresh Chandra Pokharel, vice president of Human Rights and Peace Society (HURPES), its treasurer Balaram Aryal, HURPES members Narayan Dutta Kandel, Laxmi Acharya, Suman Shrestha, Jayram Basnet, Jivlal Kharel, Laxman Acharya, Hiralal Acharya, Balram Neupane and representative of the Human Development and Peace Campaign, Basudev Devkota were arrested by the security forces from Kathmandu on the charge of protesting against the royal proclamation.149 On 14 February 2005, these human rights activists were
147 148
.4 ex-ministers held for corruption, The Asian . Email message from Nepal, 5 February 2005 . Email message from Nepal, 5 February 2005 . ibid . Tales of torture, abuse in Nepal, The Times of
Age, 6 February 2005

143 144 145 146
. Email message from Nepal, 5 February 2005 .http://www.kantipuronline.com/kolnews.php?& . Rights activists, journalist arrested, The
nid=33085
149
India, 7 February 2005
29
released.150 However, Krishna Pahari, President of Human Rights and Peace Society (HURPES) continues to remain under detention since 9 February 2005. The government of Nepal, however, has effectively banned monitoring of human rights violations by detaining most human rights activists in Kathmandu valley. About 200 leaders of various organizations and occupations including Padma Ratan Tuladhar (former minister), Krishna Pahadi, Daman Nath Dhungana (former Speaker), Gopal Shiwakoti "Chintan", Dr Gopal Krishna Shiwakoti, Dr Mathura Prasad Shrestha (former minister), Sushil Pyakurel (member of National Human Rights Commission), Subodh Pyakurel, Gauri Pradhan, 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, Shyam Shrestha (editor of Mulyankan monthly), Laxman Prasad Aryal (former Supreme Court Justice), Sindhu Nath Pyakurel (former president of Nepal Bar Association), have reportedly been restricted from leaving the Kathmandu Valley.151 After the Supreme Court upheld the restrictions on the freedom of movement, monitoring of human rights violations by the NGOs and NHRC has come to a halt. On 3 March 2005, former Speaker and member of the 1990 Constitution Drafting Committee, Daman Nath Dhungana moved the Supreme Court questioning the legality of travel restriction imposed on him by
150
the authorities. Senior Advocate himself, Dhungana was scheduled to leave for the United States on March 8 to deliver a guest lecture at a university based in California. The Registrar of the Supreme Court rejected the petition citing the suspension of Article 23 that guarantees right to constitutional remedy in the ongoing State of Emergency.152. On 5 March 2005, security forces barred a team of the National Human Rights Commission (NHRC) consisting of Sushil Pyakurel, Dr Gauri Shankar Lal Das and head of NHRCs Protection Division Yagya Prasad Adhikari from investigating the alleged human rights violations in Kapilabastu district. They had to return from Tribhuvan International Airport as Sushil Pyakurel is under valley detention. This is despite the fact that NHRC had earlier informed the Home Ministry and all concerned authorities about the teams visit to Kapilvastu.153 On 26 February 2005, Subodh Raj Pyakurel, Chairperson of Informal Sector Service Center (INSEC) was prevented from traveling to Nepalgunj where he was supposed to conduct a training workshop on humanitarian laws for security persons located in the MidWestern Development Region. This is despite the fact that it was the security forces who requested to hold the training workshop. On 24 February 2005, security officials at the immigration department in Kathmandu did not allow Dr Om Gurung, general secretary of the Nepal
152
Dhungana
moves
Supreme
Court,
The
Govt
frees
more
leaders,
human
rights

153
activists, The Nepalnews, 15 February 2005

151
. NHRC member prevented from traveling, The
. Ibid
30
Federation of Indigenous Nationalities to fly to Kolkata from Tribhuvan International Airport. Dr Gurung was scheduled to participate in regional preparatory meetings of the 4th session of the United Nations Permanent Forum on Indigenous Issues being held in India. Gurung was leading a 25-member delegation representing about 25 organisations of indigenous communities in Nepal. All delegates had to cancel their flights due to the uncalled-for action of the security forces.154 On 21 February 2005, former Supreme Court Justice Laxman Aryal was also stopped at the Airport at the eleventh hour. He was about to fly to Mumbai to attend a regional conference on womens rights and anti-trafficking organized by South Asian Regional Equity 155 Program. The government has also intimidated those who dare to speak against the emergency outside the country. On 17 February 2005, Gauri Pradhan, a human rights activist and founder president of Child Workers in Nepal Concerned Centre (CWIN), was arrested by the police without any reason upon his arrival at Tribhuvan International Airport, Kathmandu. Pradhan was returning home after taking part in meetings related to child rights held in the Netherlands and Geneva.156 On 22 February 2005, the Supreme Court ordered the government to produce Gauri Pradhan before the court on 28 February 2005 in response to a habeas
154
corpus petition filed by his wife.157 He was released on 28 February 2005 following a Supreme Court order.158 However, after the release, some plainclothes security personnel followed him and took him into custody at Maitighar. They dragged him out of his car and whisked him off to Singhadurbar Ward Police Office. It was not clear whether he has been threatened with dire consequences. He was later released.159 Similarly, academic Professor Lok Raj Baral and journalist, Kanak Mani Dixit were arrested apparently for speaking in India on the royal takeover. At 10 pm on 8 February 2005, Sukharam Maharjan, Vice President of HURON Kirtipur Chapter and resident of Kirtipur municipality ward no 6, Kathmandu district was taken away by 5 security personnel in civil dress from his residence. His whereabouts are presently unknown. Three persons, who identified themselves as security personnel, came inside the house, as other two stood outside. After asking his identity, they took him away without explaining the reasons for his arrest.160
3.3 Ban on press freedom and freedom of expression

Among the human rights defenders, journalists have been facing the most serious repression from King
157
. Court orders govt to produce Pradhan, The . Govt to regulate HR groups, The

158
India, The Himalayan Times, 25 February 2005

155
. Janajatis top leader barred from flying to . Travel restriction troubles those on the list, . CWIN chief arrested, The Kathmandu Post, 18

159
. SC releases Pradhan, The Kathmandu Post, 1 . Source, email from International Commission
March 2005
160

156
of Jurist, Geneva, on 9 February 2005 quoting informed sources of Amnesty International.
February 2005
31
Gyanendra. In addition, hundreds of journalists have lost their jobs following the ban on broadcast of news on FM radio channels and closure of many newspapers.161 On 20 February 2005, International Federation of Journalists stated that at least 600 journalists have lost their jobs since February 1.162 Conditions have further deteriorated with the suspension of grants given in the form of advertisements. Journalists are not even allowed to take photographs. Police detained Ashish Sarraf Nikki, a photojournalist while he was taking pictures of the demonstration in Janakpur on 8 March 2005.163 On 18 February 2005, security forces reportedly snatched cameras from photojournalists Suman Dahal of Annapurna Daily and Tribhubhan Poudel of a local Hotline Daily while they were taking pictures of the protest march 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 daily were summoned by the Principal Press Secretary of the King and told that the country is under martial law and warned that the editors may face consequences. All the media print or electronic are being censored by the Royal Nepal Army.165 On 3 February 2005, the King has banned for six months any interview, article, news,
161
notice, view or personal opinion that goes against the letter and spirit of the Royal Proclamation on 1 February 2005 and that directly or indirectly supports destruction and terrorism.166 The RNA personnel were posted in the editorial offices of print and visual media to monitor every news report.167 They continue to edit all the news items of the print media as well as national electronic media. On 1 March 2005, the Ministry of Communication and Information issued fresh directive prohibiting the media to disseminate any information or publish news related to security matters without obtaining prior information from the security sources.168 The media directive said any news, interview, information, article and opinion published or disseminated through media that supports terrorism and subversive activities would be liable to be punished under Press and Publication Act-2048 BS and National Broadcasting Act-2049 BS. In a move to further tighten its grip over the media, the Royal government of Nepal on 3 March 2005 reportedly suspended giving of advertisements worth Rs 20 millions to newspapers from the Ministry of Information and Communications under the Lok Kalyankari Kosh (Public Welfare Fund), and disbursement of Rs 2.5 million aid to the Federation of Nepalese Journalists (FNJ). Vernacular weeklies and newspapers published from outside
166
.http://www.kantipuronline.com/kolnews.php?& . IFJ chief concerned over journos employment, . Over 200 protesters held, The Nepal
nid=30678
162

163
e.htm
167
.http://www.nepalitimes.com/issue233/headlin . Army officials posted in Nepalese print, visual . Government issues media directives, Kantipur

164
. Forces snatch cameras, The Kathmandu Post, . http://www.insn.org
media offices, The Tribune, 14 February 2005

168
19 February 2005
165
Online, 2 March 2005
32
Kathmandu Valley have been most affected by this decision. The decision of suspension is in clear contradiction of decision of the erstwhile government on the matter. Unveiling an 11-points media policy on 12 October 2004, the erstwhile government had doubled subsidies provided as advertisement to weeklies and mofussil papers. It was Rs 12,000 for Grade "A" papers, Rs 8,000 for Grade "B" papers, Rs. 6,000 for Grade "C" and Rs 4,000 for Grade "D" papers each month. Amounts were fixed for daily newspapers accordingly.169
At around 7.45 pm on 7 March 2005, editor of Himal South Asia and publisher of Himal Khabarpatrika, Kanak Mani Dixit was arrested by plainclothes policemen who had been waiting at his home at Patandhoka and took him away saying the "Superintendent of Police wants to talk to you." He was released at around midnight on 7 March 2005.172 According to Dixit, police inquired him about his recent Delhi sojourn and if he had met or tried to meet Maoist leaders there.173 On 3 March 2005, local administration of the eastern hilly district of Panchthar detained Lavadev Dhungana, president of the Panchthar district unit of the Federation of Nepalese Journalists (FNJ). Dhungana, who is also the correspondent of the state-owned Nepal Television and Rajdhani daily as he was involved in activities that disrupted public security according to the CDO. He had reported about the arrest of the student leaders.174 On 23 February 2005, security forces arrested journalist Dipin Rai in the eastern district of Jhapa. He is editor of the local Mukti Awaaj and the treasurer of FNJ Jhapa branch.175 On 23 February 2005, the District Administration Office (DAO) summoned Rajendra Vaidya, chief editor
. Editor Dixit released, The Nepal News.com, 8 . Ibid . Journo detained, The Himalayan times, 5 . Background paper on press freedom in Nepal
a. Arrest and detention of journalists

A large number of journalists have been arrested since 1 February 2005. On 8 March 2005, police arrested Rishiram Pokhrel, editor of local weekly bulletin Tanahu Aawaj, at the district headquarters Damauli while participating in a peaceful rally demanding the restoration of 170 democracy. Editor of Budhabar weekly, Surya Thapa, was summoned by the CDO of Kathmandu to seek explanation regarding a news item, Five parties unite against authoritarianism, on 7 March 2005. Thapa faces a fine of Rs ten thousand and/or a jail sentence of up to one year, according to the Printing and Publication Act 2046 B. S., if he is found guilty for publishing prohibited matters.171
169
172
March 2005
173 174

170
. Govt suspends advert subsidies to media, The . Journalist arrested, The Kathmandu Post, 9
March 2005
175
March 2005
171
submitted at the Regional Consultation on Peace and Democracy in Nepal, Bangkok, 11-12 March 2005.
. Budhabar editor faces up to a year in jail, The
Nepal News.com, 7 March 2005
33
of Bimarsha, Kabir Rana, chief editor of Deshantar, Gopal Budathoki, publisher/editor of Sanghu; Nawaraj Timalsina, editor of Prakash; and Shashidhar Bhandari, editor of Haank. The editors were released on the condition that they appear in person before the DAO whenever required.176 The Kathmandu District Administration Office 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 forces arrested Anil Tiwari, editor of the local Ankush daily, at Parsa for interrogation. They also threatened the daily's publisher Dependra Chauhan over a cartoon and "other news" published.178 On 16 February 2005, security forces arrested Khem Bhandari, editor of Abhiyan daily published from Mahendranagar. He was picked up for covering protest rallies by political parties in his daily on 15 February 2005.179 On 15 February 2005, Kantipurs Dadeldhura correspondent D R Panta was arrested by security personnel at the district headquarters.180
On 13 February 2005, security forces arrested two journalists Basanta Parajuli and Narayan Adhikari, correspondents of the state owned Gorkhapatra and Rashtriya Samachar Samiti respectively from separate places in Chitwan district.181
b. Closure of the newspapers

Taking advantage of emergency, many government officials are settling personal vendetta. In its letter dated 4 February 2005, the District Administration office simply ordered: "The daily newspaper 'Naya Yugbodh' being published from there is hereby prohibited from publishing till further notice, considering the prevailing situation." 73-year-old Narayan Prasad Sharma, editor and publisher of Naya Yugbodh daily had to approach the Appellate Court in Tulsipur before he could resume publishing his 28-year-old popular daily from 2 March 2005. The editor had filed a writ petition in the Appellate Court in Tulsipur, Dang, after Chief District Officer of Dang, Shiva Prasad Nepal, ordered in writing not to publish the daily until further notice immediately after the declaration of the state of emergency on February 1. The court then issued an interim order on 28 February 2005 asking the local administration not to obstruct the legal right of the publisher until the court delivers final judgment. According to Sharma, the CDO had personal grudges against the daily as it had exposed his involvement in corruption scam prior to the Feb. 1 developments.182
176
. Ktm DAO grills 5 editors, The Kathmandu Post, . End arbitrary arrests: Reporters Club, The . Background paper on press freedom in Nepal
25 February 2005
177

178
179
. Editor detained, Kantipuronline, 17 February . Kantipur correspondent and 3 others under
181
.http://www.nepalnews.com.np/archive/2005/f . 73-year-old editor knocks the court to bring
2005
180
eb/feb15/news06.php
182
arrest, The Kantipuronline, 17 February 2005
out his publication, Nepalnews.com, 3 March 2005
34
On 8 February 2005, the security forces confiscated the regular issue of Blast, a vernacular daily published from eastern city of Dharan for allegedly printing material without the approval of the security forces. The newspaper remained closed 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 material was ready for print but the security officials ordered against the publication at the eleventh hour. The Chief District Officer also ordered closure of Janasamar, The Singhuli Times, Sindhul and Janaprabhat weeklies.184
"political". This is despite the fact that according to the past records during the emergency in 2001-2002, the Supreme Court admitted over 400 writ petitions seeking legal remedy under Article 88 (1) and (2), which is not suspended even during emergency.185 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 imposes an 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
3.4 Judiciary on trial

The judiciary has failed to maintain its independence. Even prior to the imposition of emergency, judiciary failed to take effective action against the RNA. Though it has ordered release in a few habeas corpus petitions, only the Supreme Court has been entertaining such petitions. At the appellate court level, there is tremendous amount of fear. The Supreme Court also upheld the suspension on the freedom of movement. The Supreme Court has so far refused to entertainment of writ petitions on nonsuspended 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
183
. Background paper on press freedom in Nepal
184
. CJ defends rejection of legal remedy, The
. Ibid
35
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 imparting full 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 shall not 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 nonmilitary 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 Supreme Court of Nepal admitted a petition
challenging the rejection of a writ petition on the exercise of nonsuspended rights under Article 88(2) during the state of emergency. An SC bench ordered the Registrar to furnish details regarding its decision to reject a writ petition filed by Chetendra Badhadur Singh earlier. The Registrar had earlier refused to accept writ petitions Harka Man Shrestha vs Land Reform Ministry, Dambar Singh Gadal vs Ilam Municipality, and Kiran Kumar Shrestha vs Ministry of Health seeking the Supreme Courts order to the authorities for the rights guaranteed under Articles 11 and 88(1) and (2) of the Constitution citing the state suspension of fundamental rights during the state of emergency.186 On 2 March 2005, the Supreme Court referred the case to a full bench comprising the maximum number of justices. On 7 March 2005, the Supreme Court after the hearing stated that the final verdict on the issue will be given on 31 March 2005.187 The judgement will indicate the level of independence of the Supreme Court. The Royal Commission on Corruption Control (RCCC) has further eroded the independence of judges. The prosecutor under the Kings royal edit is the judge and jury and can even investigate the judges of the Supreme Court and office bearers of all constitutional bodies. The Secretary of the RCCC, Sambhu Bahadur 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 and Democracy in Nepal, Bangkok, 11-12 March 2005.
36
Kaski District Court and under the royal edit on the RCCC, he can effectively prosecute the Supreme Court judges for alleged corruption. After initial flip-flop, on 8 February 2004, the Supreme Court accepted a writ petition seeking release of former President of Nepal Bar Association and Senior Advocate Sindhu Nath Pyakurel. He was arrested on 1 February 2005. The Supreme Court had earlier refused to accept the petition on 7 February 2004 due to the dilemma following the announcement of emergency. The authorities reportedly allowed Pyakurels wife to meet him on 8 February 2005.188 Since then, the Supreme Court responded in a few limited cases of habeas corpus petitions. On 14 February 2005, the Supreme Court asked the concerned government authorities to appear before the court with a written explanation within three days regarding the arrest of Bishnu Nisthuri, General Secretary of the Federation of Nepalese Journalists.189 He was released later.190 On 22 February 2005, the Supreme Court issued a show cause notice to the government on the habeas corpus writ filed for the release of six student leaders of All Nepal National Free Students Union (ANNFSU) - Om Prasad Aryal, Lochan KC, Mahesh Devkota, Dilliram Bohara, Joyti Sharma and Deepak Kumar Rai who are in the government custody.191
On 2 March 2005, the Supreme Court directed the government to present Professor Saubhagya Karki and student leader Chaau En Laai Shrestha before the court in 3 days. The direction was issued following the filing of a writ petition demanding their release. They were arrested in early February 2005.192 On 7 March 2005, a division bench of the Supreme Court comprising Justices Dilip Kumar Paudel and Rajendra Kumar Bhandari ordered the government authorities including the Home Ministry, the Police Headquarters and the Kathmandu District Administration Office to clarify why student leaders Om Prasad Aryal, Jyoti Sharma, Dipak Rai, Lochan KC, Mahesh Devkota and Dilliram Bohara were arrested. The bench also ordered the authorities to produce their decisions over the issue. The student leaders were arrested on February 1.193
3.5 Human rights violations by the RNA

After the issuance of the directive on 1 March 2005 by the Ministry of Communication and Information prohibiting the media to disseminate any information or publish news related to security 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. A total of 223 persons i.e. 8.32 persons per
192
189
. Apex court seeks explanation on Nisthuris . SC issues notice to govt., Kantipur Online, 3 . SC order to govt, The Himalayan times, 8 . Ibid . Court orders govt to produce Pradhan, The March 2005
193
arrest, The Nepal News, 16 February 2005

190 191
March 2005
37
day were killed from 1 to 28 February 2005.194 The RNA continues to claim heavy casualties on the side of the Maoists. The claims are unverifiable given complete censorship and restrictions on freedom of movement.
persons have been reportedly killed, 680 houses have been burnt down and three persons were killed by throwing into the burning houses in the name of protesting the Maoists by the Resistance Committee.197 The flogging of the dead bodies of the Maoists in presence of the RNA personnel was also telecast in Indian televisions also. Given the censorship and Maoist blockade, how could the TV cameras manage to reach the spot? The Maoists alleged that a group of 500 soldiers consisting of the RNA, police, criminals and vigilantes went to Sishihawa and Ganeshpur on 15 February 2005 and dragged out more than 15 civilians from their houses. They were ruthlessly tortured and killed in the base camp of Armed Police in Krishnanagar. Bishnu Panthi, district convener of All Nepal Trade Union and Yam Bahadur Dala Magar and Jhilkan Yadhav 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, Bahu Pasi, Gobere Pasi, Bekaru Pasi of Bhagawanpur were also tortured to death on 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
Kapilavastu lynching: Beyond reasonable doubt

According to RNA sources, 20 Maoists have been killed in security operations during 17-19 February 2005. Twelve Maoists were killed on 17 February 2005; five were killed on 18 February 2005, and three on 19 February 2005. Those killed on 17 February 2005 have been identified as Ramjan Musalman, Maoists secretary of Ganeshpur Village Development Committee, Ram Das, Dukhi Chamar, Binayatulla Musalman, Ramjan Musalman. Bishnu Panthi, coordinator of Maoists-aligned Nepal Trade Union, Kapilabastu, and his two bodyguards, Yam Bahadur Dalamagar and Jhilkan Yadav, were killed on 19 February 2005.195 On 23 February 2005, the villagers had burnt some 300 sheds in Shibapur VDC.196 On 21 February 2005, the state owned Nepal Television had telecast a visual where the three ministers, Home Minister, Dan Bahudur Shahi, Minister for Labour, Ramnarayan Shing and Minister for Education, Radhakrishna Mainali were seen encouraging the crowd who were holding baton on their hands to fight with the alleged Maoists. Some other NGO sources stated hat 24
194
Data.htm
195
.http://www.inseconline.org/download/Killings_ . Maoists lose 20 cadres in 3 days, The . Villagers burn 20 houses, kill Maoist, The
197
. A Total Wrong Against Rights in Nepal

196
presented at the Regional Consultation on Peace and Democracy in Nepal, Bangkok, 11-12 March 2005.
38
about 30 people on suspicion of being Maoist rebels in Kapilavastu district.198 On 6 March 2005, security forces barred a team of the National Human Rights Commission (NHRC) consisting of Sushil Pyakurel, Dr Gauri Shankar Lal Das and head of NHRCs Protection Division Yagya Prasad Adhikari from visiting Kapilavastu for investigation of the alleged abuses. They had to return from Tribhuvan International Airport as the army refused to allow Pyakurel to fly. This is despite the fact that the NHRC team had already informed the Home Ministry and all concerned authorities about its teams visit to Kapilvastu.199
have been identified as Devendra Prasad Choudhary alias Pradeep, Tajmul Ansari alias Mallu and Ashok Kumar Pandey alias Pappu were killed on 6 March 2005.201 Three women Maoists were reportedly killed in security action at Rampur VDC on 7 March 2005.202 According to the RNA, on 6 March 2005, Maoist cadre Prashant Gurung was killed in retaliatory action of the unified command near Pokhara submetropolitan office in Kaski district. Two others- Rajendra Sharma and Darpana, alias Kalpana were killed in another security operation at Babiyabirta area of Morang district on 5 March 2005.203 On 1 March 2005, two Maoist cadres were reportedly killed during gunfight with RNA personnel at two different places. While one was killed at Baidare area of Bhojpur, the other member was gunned down at Aruwang area of Arghakhanchi district. The RNA also claimed to have recovered 11 more bodies of Maoist rebels killed in clashes with security forces in Toraiyapur area of Gurgauli VDC in Kailali district on 28 February 2005. Among those killed included two Maoist commanders identified as Nabin and Sangharsha204. The RNA claimed that on the night of 28 February 2005, at least 70 Maoist rebels and 4 security forces personnel were
201
Other suspected extrajudicial executions

The Royal Nepal Army continues to claim heavy casualties on the side of the Maoists. Hundreds of the Maoists have reportedly been shot dead. Given the complete 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 the RNA claimed that the security forces shot dead Kamala and Mina, two alleged Maoists at Buka area and Asha, another Maoist, at Motipur area of Dang district on 7 March 2005.200 In an alleged encounter with the RNA personnel, three Maoists rebels who
198
. Three Maoists killed, The Nepal News.com, 8 . Six Maoists killed, The Kantipuronline, 8 March . Three Maoists killed, The Himalayan Times, 7 . Two rebels killed, more bodies found, The
March 2005 Kantipuronline, 24 February 2005

199
. Irate Kapilvastu villagers burn houses, The . NHRC member prevented from traveling, The . 5 rebels killed, The Kathmandu Post, 9 March
202
2005
203

200
March 2005
204
2005
39
reportedly killed in a gun battle between the Maoists and the security forces in Ganeshpur village on the GulariyaNepalgunj road section of Bardiya district.205 On 27 February 2005, Dhan Bahadur Oli alias Bijaya, an alleged Maoist, was killed during security operations at Nisti of Gulmi district.206 On 25 February 2005, three civilians were reportedly injured in an alleged crossfire between the Maoist rebels and security forces at Badaipur area of Kailali district. The injured were airlifted to Nepalgunj for medical treatment.207 On 24 February 2005, one Surendra Shrestha, a mentally challenged civilian, was killed at Ratdada area of Baglung municipality-4. Chief District Officer Prem Narayan Sharma after verifying the incident said the security forces shot dead the victim suspecting him to be a Maoist as he had tried to flee after seeing the 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 dead an area member of Maoists called Dikshya during operation at Lakhwar area of Saudiyar area in Dang. The security sources also claimed to have killed one Bishnu Pandey alias Arjun, an alleged district level Maoist leader, in
retaliatory action in Papariya VDC in Sarlahi.209 In the evening of 19 February 2005, at least a dozen Maoists were allegedly killed in a clash with the security forces at Sakhuwa Mahendranagar VDC in Dhanusha district. One security personnel was killed and five others were injured in the clash.210 The RNA also claimed to have killed at least 11 Maoists during 21 22 February 2005. While a Maoist rebel was killed in security action at Bayarban area of Morang district on 21 February 2005, the security forces gunned down another four at Ghandighach jungle area of Suda VDC in Kanchanpur on 22 February 2005. The security forces also shot dead Dasu Poudel, an alleged district level Maoist and Raja Ram Kumal, another rebel, at Dandagaon area of Bharatpokhari VDC-4 of Kaski district. In Arghakhanchi security forces shot dead four Maoists including two females. One of the dead was identified as Gyan Bahadur Shrestha. 211 On 22 February 2005, state-owned Radio Nepal announced that at least 12 Maoist insurgents were killed in a security action at Dakaha of Sirthauli VDC in central Sindhuli district on 21 February 2005.212 On 22 February 2005, at least 10 Maoists have been allegedly killed in separate security actions in different
209 210
205
. 74 killed in Nepal clash, The Times of India, 1 . Twelve security men, Maoist killed in clashes, . Ibid . Civilian killed, 3 injured, The Kathmandu Post,
. Ibid
March 2005
206

211
. 12 Maoists killed in Dhanusha clash, The . 11 Maoists killed, The Kathmandu Post, 23 . 12 Maoists killed in latest security action, The
The Himalayan Times, 28 February 2005

207 208
February 2005
212
27 February 2005
Nepal News, 22 February 2005
40
parts of the country with 4 of them getting killed in Suda VDC, 4 Maoists, including two district level leaders in Arghakhanchi district, and 2 in Kaski district. Those killed in Kaski district were district members of the All Nepal Labour Association identified as Dashu Poudel and Rajaram Kumal.213 On 17 February 2005, the RNA reportedly killed one Prem Kami, an alleged Maoist rebel, in security action at Swati area of Sankhuwasabha district. RNA also claimed to have recovered some improvised bombs from the deceased.214 The RNA claimed that their personnel had shot dead a dozen Maoists in three separate incidents on 15 February 2005.215 On 13 February 2005, at least 12 Maoists and three security personnel were killed in an encounter at Jante VDC of Morang district. Four students identified as Nisha Limbu, Dinesh Majhi, Mahendra Rai and Devi Adhikari and 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
killings of civilians, kidnapping, hostage taking and extortions. They have also been responsible for executions of political opponents, alleged police informers and socalled class enemies in violation of the Common Article 3 of the Geneva Conventions. The Maoists continue to target schools, hospitals and ambulances.
a. Violent imposition of blockade

On 13 February 2005, the Maoists call for economic blockade resumed.218 The blockade was called off on 26 February 2005.219 The Maoists violently imposed the economic blockade. On 20 February 2005, Nripad Kumar Parveji, a truck driver from Nagpur (India), was shot dead by the Maoists at Charaudi Bazaar area on Prithvi Highway for defying the economic blockade. He was returning to India after delivering goods in Kathmandu.220 Nearly half a dozen passengers were injured when the Maoists opened fire at a bus at Mugling, 90 km west of Kathmandu on 20 February 2005. In another incident, two cyclists were injured in a bomb blast on the Mahendra Highway on the same day.221 On 17 February 2005, Maoists reportedly torched at least 13 goods carriers, burning 58 live buffaloes loaded in two of the trucks, at Jogimara section
218
3.6 Abuses by the Maoists

The Maoists continue to be responsible for gross violations of international humanitarian laws by indiscriminate
213
. 10 Maoists killed in separate clashes, The . 5 Maoists killed in violence, The Kathmandu . Blockade fuels prices in Kathmandu, The . 12 Maoists killed in Morang, The Himalayan .http://www.kantipuronline.com/kolnews.php?&

214

215
Hindu, 16 February 2005

216
February 2005
219
. Nepal rebels reject talks offer, The Hindu, 14 . Maoists call off blockade, The Kathmandu . The Times of India, 22 February 2005 . Ibid

217
Post, 27 February2005
220 221
nid=31733
41
of the Prithvi Highway. Mansoor Alam Ansari, owner of the buffaloes, said the armed rebels had fired at the tyres of the vehicles before setting them alight. The vehicles included a tanker loaded with kerosene, while the rest of the trucks were carrying commodities such as rice, cement, coal and rods. 222 On the morning of 22 February 2005, Mahendra Shahi, the driver of a bus, and a passenger identified as Deu Prakash Rai were seriously wounded in indiscriminate firing by Maoists at Manigram area of Anandawan VDC in Rupandehi. On the same day, Suntauli Darji, 50, of Nalang VDC-6 of Dhading died when a stray bomb exploded at a nearby 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 Highway near the 3 No Pool of Bara district. Most of the vehicles were reportedly carrying passengers. Following the incident, the Maoist insurgents ambushed a vehicle of the Royal Nepalese Army heading to the incident site. A few security personnel were reportedly seriously injured.224 On the same day, the Maoists also torched five vehicles on the Hetauda-Patlaiya section of Mahendra Highway. Among the vehicles destroyed were trucks with huge loads of food grains heading to Hetauda from Birgunj.225
. 13 vehicles torched on Prithvi Highway, The
b. Unlawful killings
On 23 February 2005, two civilians were injured when a bomb planted by the Maoists on the Lamahi-Bhaluwang section of the Mahendra Highway went off. They have been identified as Shiba Shankar Chaudhari, 12, and Santu Chaudhari, 25, of Chaulahi VDC-6. According to Shiba Shankar, the explosion took place when he stepped on the bomb unknowingly. The injured were admitted at Mahendra Hospital in Ghorahi, the district headquarters.226 On the morning of 24 February 2005, suspected Maoist insurgents shot dead central committee member of the World Hindu Youth Federation, Chandra Prakash Rathaur at his residence in Bulbule gate of Birendranagar municipality in Surkhet district. He died on the way to hospital.227 On the night of 25 February 2005, a civilian identified as Ghar Baran Teli was shot dead in Labani VDC in Kapilvastu district. On the night of 26 February 2005, the Maoists reportedly killed Bedullah Jolha, Maksoor Alam and Mohammed Hakik in Jahari village development committee (VDC) in the same district. The deceased were allegedly involved in retaliatory action against Maoists.228
222

223
226
. Forces gun down 4 Maoists, The Kathmandu . Suspected Maoists kill Hindu leader in Surkhet,
February 2005
224
. 11 Maoists killed, The Kathmandu Post, 23 . Maoists torch vehicles, ambush security forces . 5 vehicles destroyed, The Kathmandu Post, 28

227
abduct youths in Dhading, The Nepal News, 25 February 2005

228
in Bara, The Nepal News, 28 February 2005

225
. Maoists kill four civilians, The Kathmandu
February 2005
42
On the night of 26 February 2005, the Maoists reportedly killed three brothers of a family at Masina VDC in Rupandehi district on charge of being members of a resistance committee against them.229 On the night of 6 March 2005, Maoists reportedly killed five alleged members of an anti-Maoist retaliation group at Kudarmatewa village in Kapilvastu district. A group of heavily armed Maoists had attacked the villagers who they claimed were involved in recent spate of anti-Maoist violence. The villagers were killed on the spot. Earlier, the rebels had killed seven villagers charging them of similar accusations.230
On 27 February 2005, the Maoists reportedly freed more than 250 students and teachers of Thumdevi Secondary School of Deurali VDC, who were abducted on 24 February 2005.233 On 3 March 2005, a group of Maoists have abducted 43-year-old dairy entrepreneur, Dilli Prasad Upadhyay, from Narayan municipality in another mid-western district of Dailekh. The rebels reportedly manhandled Upadhyay while abducting him from his house.234 On 5 March 2005, Nisha Bhetwal, whose father, Bishnu Prasad Bhetwal was abducted by the Maoist on 17 January 2005, appealed to the rebels to release her father. Since his kidnapping, the family did not hear from the Maoists. A middle-class furniture trader, Bishnu Prasad Bhetwal was the sole breadwinner of his six-member family.235 On 6 March 2005, the bruised dead body of Pahuna Tharu of Gadhi VDC, who was employed as a Game Scout at Royal Bardiya National Park (RBNP) was found inside the park. Tharu was earlier allegedly abducted by the Maoists.236
c. Abduction
On the night of 21 February 2005, suspected Maoist insurgents abducted three youth identified as Gautam Ghale, Dhana Bahadur Pariyaar and Rudal from their houses in Dhading district. The youth were preparing to go to bed before being abducted. Their whereabouts are not known.231 On 26 February 2005, the Maoists allegedly abducted Raju Panta and Uddhav Panta of Belkot -3 in Nuwakot district for alleged non-compliance of their diktat.232
d. Destruction of public properties

On the night of 20 February 2005, Maoist insurgents reportedly destroyed a sub-station of Nepal Electricity Authority (NEA) at Kohalpur of Banke
233
229
. Maoist shoot dead DSP, his body guard in . Maoists abduct youths, The Kathmandu Post, . Maoists kill five villagers in Kapilvastu, The . Suspected Maoists kill Hindu leader in Surkhet, 28 February 2005
234
Butwal, The Nepal News, 28 February 2005

230
Nepal News.com, 8 March 2005

231
abducted, The Nepal News.com, 5 March 2005

235
. Campus chief released, dairy entrepreneur . Daughter appeals for father's release, The . RBNP employee killed, The Kathmandu Post, 7
abduct youths in Dhading, The Nepal News, 25 February 2005

232
Kantipuronline, 6 March 2005

236
. Maoists abduct youths, The Kathmandu Post,
28 February 2005
March 2005
43
district. At least two persons were killed in the blast and four districts in the midwestern region- Banke, Baridya, Surkhet and Dailekh- have been deprived of power.237 On the night of 24 February 2005, Maoists attacked and set ablaze the state run Nepal Televisions regional programme production and broadcasting centre in Kohalpur in Banke district, inflicting damage to the tune of crores of rupees. After cutting off the telephone line, they kept on carrying off machines from 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, administration wing and the accounts section were torched. All furniture, machines and electronic equipment were also 238 destroyed in the fire. 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 more than half-a-dozen government offices based at the headquarters of Argakhachi district including the RNAs Westdivision at Pokhara on the night of 3 March 2005. Many government offices such as the District Administration Office, District Irrigation Office, District Education Office, District Development Committee, District Land Revenue
237
Office, District post office, District Drinking Water Office etc. suffered damages in the attack.240
. Maoists bomb NEA sub-station; two killed,
four districts without power, The Nepal News, 22 February 2005

238
. NTVs Kohalpur regional station set ablaze, . 5 vehicles destroyed, The Kathmandu Post, 28
240
The Himalayan Times, 26 February 2005

239
. Maoists attack Sandhikharka, The Kathmandu
February 2005
Post, 5 March 2005
44
4. Recommendations to the 61st session of the Commission on Human Rights

The 61st session of the Commission on Human Rights being held at the Palais des Nations in Geneva from 14 March to 21 April 2005, provides an excellent opportunity for the international community to censure the government of Nepal and adopt a country resolution on the situation of human rights in Nepal. Asian Centre for Human Rights recommends the following elements for a draft resolution on the situation of human rights in Nepal A resolution on the situation of human rights of Nepal should express concerns on: i. Declaration of emergency on 1 February 2005 and increase of systematic violation of human rights, including civil, political, economic, social and cultural rights, of the people of Nepal; ii. The continued house arrest of political leaders, mass arrest of political activists and peaceful demonstrators and their incommunicado detention and arrest 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 any interview, article, news, notice, view or personal opinion that goes against the letter and spirit
of the Royal Proclamation of 1 February 2005 and that directly or indirectly supports destruction and terrorism; the mis-use of the Press and Publication Act-2048 BS and National Broadcasting Act-2049 BS by prohibiting the media to disseminate any information or publish news related to security matters without obtaining prior information from the security sources; the ban on broadcasting of news by FM radios and subsequent loss of jobs by journalists working with FM radios; and suspension of giving of advertisements to newspapers from the Ministry of Information and Communications under the Lok Kalyankari Kosh (Public Welfare Fund) and disbursement of promised funds to the Federation of Nepalese Journalists; iv. Severe restrictions on the freedom of association and assembly, especially the ban on any meeting, conference, workshop or interaction programme which undermine the Kingdoms sovereignty and integrity, disturb the law and order of the country or cause any adverse effect on the current state of emergency; v. Illegal ban on the freedom of movement and confinement of the political detainees, human rights defenders, journalists, academics in the particular areas such as Kathmandu valley;
45
vi. Climate of impunity and extrajudicial executions especially the lynching of the alleged supporters of the Maoists in Kapilabastu district in mid February 2005 and burning down of their houses with the backing of the Royal Nepal Army; vii. Prohibition on the National Human Rights Commission of Nepal to investigate allegations of human rights violations in Kapilabastu district on 17 to 23 February 2005; viii. The widespread mis-use of the Public Safety Act and Terrorist and Disruptive Activities Prevention Ordinance; ix. Wide disrespect for the rule of law by the Royal Nepal Army and other security forces; x. The lack of independence of judiciary and the power given to the Royal Commission on Corruption Control to investigate the judges of the Supreme Court as a means to erode the independence of judiciary; xi. Poor conditions of places of detention and violations of the rights to an adequate standard of living, such as food, and to medical care; xii. Increase violations of human rights by the vigilante groups; xiii. Human rights violations suffered in particular by persons
belonging to ethnic nationalities, women and children; xiv. Lack of assistance for the internally displaced persons in Nepal and the flow of migrants/asylum seekers and refugees to neighbouring India; xv. The order of the Department of Transportation Management to nullify the registration of public vehicles and cancel the license of the drivers who do not ply on the highways during the blockade/bandh called by the Maoists; and xvi. Arbitrary arrest, re-arrest of released detainees, and incommunicado detention especially in army barracks throughout the country under no legal authority, including the Terrorist and Disruptive Activities Ordinance (TADO) and denial of access to the National Human Rights Commission and International Committee of the Red Cross to the army barracks across the country. The resolution on the situation of human rights on Nepal should call on the Government of Nepal to: a. Immediately withdraw emergency, restore multi-party democracy and take measures for formation of a national unity government of the democratic forces;
46
b. Release unconditionally and immediately all political prisoners, journalists, media persons, student leaders, human rights activists, trade unionists and women rights activists arrested since imposition of emergency; c. Put an end to impunity and ensure, as it is duty-bound to do, that those responsible for human rights violations and grave breaches of international humanitarian law are brought to justice and immediately order a judicial inquiry into the lynching of the alleged supporters of the Maoists at Kapilabastu from 17 to 23 February 2005 by the Royal Nepal Army and the vigilante groups; d. Cooperate fully with the Office of the High Commissioner for Human Rights for implementation of the technical cooperation agreement signed on 13 December 2004; e. Put an immediate end to the recruitment and use of vigilante groups; f. End the systematic enforced disappearances in Nepal through implementation of the recommendations given by the Working Group on Enforced or Involuntary Disappearances (E/CN.4/2005/65/Add.1) after its field visit to Nepal; g. Take immediate action to eradicate the practice of extrajudicial executions by
ensuring compliance with the UN principles on United Nations Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions (Recommended by Economic and Social Council resolution 1989/65 of 24 May 1989); h. Immediately ensure safe and unhindered access to all parts of Nepal for the United Nations and international humanitarian organisations and to cooperate fully with all sectors of society, to ensure the provision of humanitarian assistance and to guarantee that it actually reaches the most vulnerable groups of the population; i. Provide the necessary protection and humanitarian assistance to internally displaced persons; j. Fulfil its obligations to restore the independence of the judiciary and due process of law, and to take further steps to reform the system of the administration of justice; k. Consider as a matter of high priority becoming party to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; l. Appoint members of the National Human Rights Commission consistent with
47
Section 4 of the National Human Rights Commission Act of 1997; m. Establish a commission of inquiry into the human rights violations perpetrated during the State of emergency; n. Withdraw the order of the Department of Transportation Management to nullify the registration of public vehicles and cancel the license of the drivers that do not ply the highways during the blockade called by the Maoists; o. Pursue through dialogue and peaceful means the immediate suspension and permanent end of conflict with the Maoists; and p. Extend standing invitations to the Special Procedures of the Commission on Human Rights. The resolution on the situation of human rights on Nepal should also call on the Maoists to: i. Respect human rights and international humanitarian law, in particular, as applicable to them, the Geneva Conventions of 12 August 1949 for the protection of victims of war and the Additional Protocols thereto of 1977, the Hague Convention of 18 October 1907 concerning the Laws and Customs of War on Land, the Convention on the Prevention and Punishment of the Crime of Genocide and other relevant provisions of international humanitarian and human rights law, and in
particular to respect the rights of women and children and to ensure the safety of all civilians; ii. Immediately stop recruitment and use of child soldiers; iii. Stop indiscriminate killings of the civilian populations including the members of the Maoist Victims Association, targeting of hospitals and schools and other public properties in areas held by the Maoists, and extortion of exorbitant taxes through coercion, intimidation and physical violence; iv. Stop trial by incompetent courts for crimes inappropriately punishable by death; v. Stop violent imposition of the blockade; and vi. Allow free and secure access to areas under their control in order to permit investigations of violations of human rights and international human rights law; The resolution on the situation of human rights on Nepal must decide to: a. Appoint a Special Rapporteur on the situation of human rights in Nepal and to submit an interim report to the 60th session of General Assembly and a final report to the 62nd session of the United Nations Commission on Human Rights on the violations
48
of human rights and humanitarian laws by the security forces and the Maoists; b. Urge the government of Nepal to invite setting up of the field monitoring missions of the Office of the United Nations High Commissioner for Human Rights in Nepal; and c. Establish an international commission of inquiry into the violations of the provisions of the Rome Statute on International Criminal Court both by the security forces and the Maoists. To the Secretary General: - Hold necessary consultation on the appointment of a Special Envoy for finding a peaceful solution to the Maoists crisis of Nepal and - Instruct the Under Secretary General of the Department of Peace-Keeping Operations not to depute soldiers from Nepal for the United Nations Peace Keeping Operations; To the United Nations Treaty Bodies: - Immediately examine the implementation of the treaties to which Nepal is a party under emergency situation. Governments and donors: - Suspend all military assistance until the restoration of democracy and democratic freedoms and formation of multi-
party national unity government for finding negotiated solution to the Maoists crisis; - Examine the ability of the government of Nepal for delivery of humanitarian assistance and undertaking development activities in Maoists held areas and develop monitoring mechanisms to ensure proper use and delivery of humanitarian aid; and - Impose visa restrictions on the members of the Ministerial council/members of the Royal Nepal army and freeze the assets of the royal family, senior officials, military officers and their families.

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The Case for Intervention in Nepal

Embargoed for: 14 March 2005

ASIAN CENTRE FOR HUMAN RIGHTS

The Case for Intervention in Nepal

______________________________________________________________________________________ Asian Centre for Human Rights Report 2005

The Case for Intervention in Nepal

Statesman, New Delhi, 21 April 2004

The Himalayan Times, Kathmandu, 2 January 2004

.http://www.inseconline.org/download/Killings_D . E/CN.4/2005/65/Add.1 of 28 January 2005

. SC judges fail to inspect courts, The Himalayan

Times, Kathmandu, 7 January 2004

______________________________________________________________________________________ Asian Centre for Human Rights Report 2005

The Case for Intervention in Nepal

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

______________________________________________________________________________________ Asian Centre for Human Rights Report 2005

The Case for Intervention in Nepal

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

______________________________________________________________________________________ Asian Centre for Human Rights Report 2005

The Case for Intervention in Nepal

______________________________________________________________________________________ Asian Centre for Human Rights Report 2005

The Case for Intervention in Nepal

2. The case for intervention in Nepal

2.1. No military solution

.http://www.state.gov/g/drl/rls/hrrpt/2003/279 .http://www.flonnet.com/fl2109/stories/200405 . Testimony of James Kinder, Assistant

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

______________________________________________________________________________________ Asian Centre for Human Rights Report 2005

The Case for Intervention in Nepal

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

Kathmandu, The Indian Express, 7 February 2005

Chandigarh, March 2003,

Kantipuronline, 23 February 2005

______________________________________________________________________________________ Asian Centre for Human Rights Report 2005

The Case for Intervention in Nepal

2.2. Arming the RNA or arming the Maoists?

.http://www.reuters.com/newsArticle.jhtml?story .http://www.state.gov/g/drl/rls/hrrpt/2004/417 .http://www.state.gov/g/drl/rls/hrrpt/2003/279 . Nepali rebels kill 21 troops, The Central

. Rebels batting strongly against govts weak

Chronicle, 4 March 2004; Maoists storm telecom

bowling, The Kathmandu Post, 25 March 2004

______________________________________________________________________________________ Asian Centre for Human Rights Report 2005

The Case for Intervention in Nepal

2.3 Ignored humanitarian crisis

a. Unlawful killings - violation of the Rome Statute

.http://www.state.gov/g/drl/rls/hrrpt/2004/417 .http://www.state.gov/g/drl/rls/hrrpt/2003/279 .http://www.inseconline.org/download/Killings_ .http://www.state.gov/g/drl/rls/hrrpt/2004/417 .http://www.state.gov/g/drl/rls/hrrpt/2003/279

______________________________________________________________________________________ Asian Centre for Human Rights Report 2005

The Case for Intervention in Nepal

Kathmandu Post, Kathmandu, 18 April 2004

New Delhi, 7 April 2004

Kathmandu Post, Kathmandu, 24 March 2004

Chandigarh, March 2003,

Himalayan Times, Kathmandu, 24 March 2004

bombing, The Kathmandu Post, Kathmandu, 16 April 2004.

Maoists, The Pioneer, 18 February 2004

______________________________________________________________________________________ Asian Centre for Human Rights Report 2005

The Case for Intervention in Nepal

. E/CN.4/2005/65/Add.1 of 28 January 2005 . http://www.achrweb.org/Review/2005/61-

. The Himalayan News Service, 31 January 2005.

______________________________________________________________________________________ Asian Centre for Human Rights Report 2005

The Case for Intervention in Nepal

b. Internally displaced persons India, the safety bulb?

. On-the-spot Inspection and Report of the

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

______________________________________________________________________________________ Asian Centre for Human Rights Report 2005