Pakistan’s offer to provide
arms to Nepal has put a spanner into the Nepal crisis.
India’s Cabinet Committee on Security Issues
has reportedly agreed to review its stance on military assistance
to Nepal in light of Pakistan’s offer to supply Nepal with
arms.
India’s position is unlikely to change dramatically
given the support of the United States for the immediate
restoration of democracy in Nepal. However, if King Gyanendra
decides to take arms from Pakistan, the crisis in Nepal
will further deepen. On
15 March 2005, Nepalese Foreign Minister Ramesh Nath Pandey defended the Royal coup in his
address to the 61st session of the United Nations
Commission on Human Rights. It is clear that at least until 30 April
2005, when the emergency expires, King Gyanendra is unlikely
to take measures which may be perceived to be giving into
political parties.
The blockade called by the
Communist Party of Nepal (Maoists) from 14 March 2005 has
brought into focus the impending humanitarian crisis. The
CPN (Maoists) announced fresh two-phased stir from 14 March
2005 that comprises of economic blockades, shutdowns and
armed resistance against the government forces till April
1 followed by an 11-day Nepal bandh (strike), from
2 April 2005.
The blockade implies that
peripheries outside of Kathmandu will be deprived of basic
humanitarian assistance – food, medicines and other basic
commodities daily required by the people in Nepal. Yet,
there is unlikely to be any international attention to the
plight of the millions of people of Nepal. The RNA may provide
security to keep one supply line open for Kathmandu. Earlier
the Department of Transportation Management decided to nullify
the registration of public vehicles that do not ply the
highways they have acquired permit order for. In case
of non-compliance to ply the specified highways, even the
license of the driver of such vehicle could be cancelled.
The new rules have been enforced throughout the country.
There are no
confirmed reports as to the number of people displaced in
Nepal. However, Nepalese media reported that due to the
Maoist insurgency over 4 million Nepalese have left home
to India while over a million Nepalese have been internally
displaced. Following Maoist violence, hundreds of
Nepalese from different villages in western Kapilvastu district
have fled their homes towards various bordering Indian towns.
Villagers from Hathihawa, Biduwa, Lawani, Nandanagar, Banskhor,
Patariya, Patna, Ajigara, Jahadi, Kushwa and Fulika VDCs
have fled as Maoist insurgents attacked villagers accusing
them of being involved in the recent spate of anti-Maoist
violence. An estimated 30,000 villagers have fled to India. The Maoists have been retaliating against the
lynching of their alleged sypmhatisers with the help of
the RNA in mid February 2005.
As Nepalese
do not require to register to enter into India, there are
no refugee camps and the humanitarian crisis in Nepal is
not exposed.
International
community must effectively address the situation in Nepal
to ensure that King Gyanendra listens to the reasons. The
61st session of the United Nations Commission
on Human Rights provides an excellent opportunity to send
across a message to the King about the universal disapproval
of the actions taken by him since 1 February 2005 and to
establish mechanisms (please refer to the 5th
Briefing Paper titled Impending Humanitarian Crisis
- US, UK and India must not play foul) to
stop Nepal from descending into further chaos and anarchy.
India must
not maintain its ambivalent position on the resolution on
the situation of human rights in Nepal at the 61st
session of the UN Commission on Human Rights and support
the proposal for strong monitoring mechanisms.
King Gyanendra has released some political leaders including
deposed Prime Minister
Sher Bahadur Deuba on 11 March 2005 just prior to the protest
called by five-party alliance on 14 March 2005. It appears
to be an exploratory move towards forming another proxy
government should the international community continue to
press for the restoration of democracy and democratic freedoms.
On 12 March 2005, prior to leaving for Geneva to attend
the 61st session of International Conference on Human Rights,
Minister for Foreign Affairs Ramesh Nath Pandey said the
government would release the political prisoners. But many political prisoners
continued to be under detention of the security forces.
The political detainees have been kept in deplorable
conditions.
Senior communist party leader Bishnu Bahadur Manandhar,
after his release from Mahendra Yuvalaya in Lalitur on 11
March 2005, said 28 other political detainees are being
held in that detention centre. Manandhar said all the detainees
including former minister Tek Bahadur Chokhyal, Vidya Bhandari
and Bhim Kumari Budha Magar have been confined to a chamber-like
hall where they are deprived of even sunlight.
National Assembly member
and Morang district president of the Nepali Congress, Ashok
Koirala, who was in security custody for the last one month,
had to be admitted to the ICU section of the Kosi Zonal
Hospital on 13 March 2005. The condition of the leader is
said to be critical. According to NC party sources, former
minister Amod Prasad Upadhyaya, Dilip Sapkota, Gopal Man
Singh Rajbhandari and Amrit Aryal are also ill. They are
being kept in the Eastern Regional Police Office, Biratnagar.
On 15 March 2005, the Sunsari district administration reportedly
took political prisoners to the BP Koirala Institute of
Health Sciences in Dharan to have their health checked-up.
Madhav Kumar Nepal, general
secretary of the CPN-UML, who was placed under house arrest
immediately after the February 1 2005 royal takeover, has
not yet been released. On 9 March 2005, media persons spotted
him in his own vehicle at New Baneshwor accompanied by plainclothes
security men. He reportedly told Shaligram Tiwari, a photojournalist
of Nepal Weekly magazine that he has not been released from
house arrest. He is a patient of high blood pressure, and is reportedly suffering
from various diseases such as chest infections, body-ache
and fever.
The political repression
has intensified as the democratic uprising against the King
has increased too. The initial euphoria of the middle class
of the Kathmandu valley appears to be gradually disappearing.
On 9 March 2005, police
arrested Tilak Neupane, a Nepali Congress (NC) cadre, for
participating in a rally demanding restoration of democracy
at Nepalgunj on the previous day.
On 10 March
2005, veteran communist leader and general secretary of
the Communist Party of Nepal (United), Bishnu Bahadur Manandhar,
were arrested by police from Dilli Bazar area in Kathmandu.
Deputy General Secretary of the CPN (United), Ganesh Shah
said no reason was given for the arrest of the 75-year-old
leader.
On 10 March 2005, Prem Prakash
Oli of Rukum, a district level worker of Nepali Congress
(NC), was arrested from the airport in Banke.
On the afternoon of 12 March 2005, at least 21 political activists
belonging to the NC, CPN-UML, NC (Democratic), People’s
Front Nepal and Nepal Sadbhawana Party (Anandi Devi) were
detained by police in Gaur in Rautahat district for demanding
restoration of democratic rights. Among those arrested included
former minister and Nepali Congress leader Mohammad Aftab
Alam.
On 13 March 2005, scores of political cadres were
arrested from all over the country for staging protests
on the eve of a nationwide programme of the five-party alliance
against the royal takeover of February 1. Bashu Koirala,
general secretary of Nepali Congress-affiliated Nepal Students’
Union, was among those arrested in Kathmandu. More than
a dozen district-level cadres of the Nepali Congress-D were
arrested in Kaski and Rautahat, while security personnel
in plainclothes detained Birendra Rai of Jana Morcha Nepal
in Patan.
On 14 March 2005, five mainstream political parties
namely Nepali Congress, CPN-UML, Nepali Congress-D, Janmorcha
Nepal and Nepal Sadhabhawana Party (Ananddevi) launched
protest demonstrations across the country against the Royal
takeover of February 1. Police responded by resorting to
baton charge and arresting hundreds of protestors. NC cadres—Ram
Dayal Yadav, Radha Mishra and Nepali Congress (Democratic)
cadre Raj Kishor Mandal were seriously injured in the police
lathi charge. They have been rushed to Janakpur for treatment.Two-dozen protesters were injured in Mahottari district. At least
6 protesters were injured when police resorted to lathi-charge
in Dipayal.
Police reportedly arrested more than 750 political
activists across the country for staging peaceful demonstrations
demanding
restoration of peace and democracy in the country. 19 demonstrators including
five former Upper House members were arrested in Kathmandu,
including Akkal Bahadur Bishta of NC-D, Bir Bahadur Singh
of CPN-UML, Lal Bahadur Bishwakarma
of CPN-UML and Mahesh
Mani Dixit. A 84-year-old leader of Nepali Congress, Bal
Bahadur Rai was arrested from Indrachowk in Kathmandu when
he was raising pro-democracy slogans. Some student leaders
were reportedly arrested on the eve of protest programme
at Ason, Kathmandu. Nearly 500 activists were arrested in
Janakpur in Dhanusha district. In Makawanpur, 14 demonstrators
including former Member of Parliament (MP) Birodh Khatiwada
were arrested. Former MP Jagrit Bhetwal was arrested along
with two others in Chitwan. Former MP Pushpa Pokharel and
six others were arrested in Kakadbhitta of Jhapa. At least
37 demonstrators were arrested in Mahottari, 29 in Dang,
9 in Kaski, 8 in Nepalgunj, 13 in Gaighat, Udayapur, 6 in
Palpa, 4 in Tanahun and 3 in Kanchanpur. Mohan Bahadur Bam
was arrested in Doti.Police
detained seven political leaders from a rally in Dipayal.
Chief District Officer Ganesh Prasad Acharya reportedly
said that Yagyaraj Pathak, Bharat Khadka, Ram Prasad Upadhayay,
Hari Prasad Upadhayay and Ram Rokaya of Nepali Congress,
Harka Bahadur Singh and Mohan Bam of CPN-UML were arrested
and have been issued warrants for three-month detention
under Public Security Act.
While over 400 protestors
arrested from Janakpur have been released, orders have been
issued against 51 political activists to be detained for
the next three months. In Rautahat, 11 out of 21 protesters
held were released. Police also reportedly released 13 Congress
activists after their arrest in Sarlahi. CPN
(UML) district committee Dang organisation’s department
head, Shambhu Gautam, Nepal Students’ Union Dang district
president, Nirmal Neupane, central member of the CPN (UML)
affiliated to ANNFSU, Met Mani Chaudhary and Nepali Congress
(Democratic) affiliated to Nepal Tarun Dal Dang member,
Hemant KC have been sent to jail for three months on charge
of disobeying law and order. They were arrested from Damodar
Chowk in Dang on 14 March 2005.
On 9 March 2005, three students-
Sherum Karki, Kailash Shrestha, and former central committee
member of the Nepal Students’ Union (NSU), Deepak Adhikary,
were arrested from the Tri-Chandra College premises for
organizing protest demonstrations. Police reportedly arrested half-a-dozen students and teachers in Ilam on
the same day.
On 10 March 2005, Secretary
of the Free Students’ Union, Tri-Chandra Multiple Campus
unit, Prachanda Bikram Neupane, and Madhukar Khanal, former
president of the Nepal Students’ Union (NSU), Public Administration
Campus unit, were arrested from the premises of Tri-Chandra
campus.
On 11 March 2005, the Nepal
government released at least 21 political detainees, including
deposed Prime Minister Sher Bahadur Deuba. The other released
political leaders included former home minister Purna Bahadur
Khadka, spokesperson of NC (Democratic) Dr Minendra Rijal,
former Member of Parliament Haribhakta Adhikari and senior
communist leader Bishnu Bahadur Manandhar. Seventeen activists
detained in Kharipati were released from the court premises
in Kathmandu. They include Hari Bhakta Adhikari, Satya Raj
Joshi, Ram Kumar Mulmi, Ram Prasad Kafle, Ram Prasad Adhikari,
Heramba Bastola, Shailendra Adhikari, Dipak Rai, Amrit Panthi,
Om Prasad Aryal, Dhanendra Mishra and Rajan Sedhai, among
others.
Haribol Bhattarai, Nepali Congress leader, was also released
on the same day.
Earlier, on 9 March 2005,
the government released eight leaders and cadres of various
political parties including intellectuals. Those released
were Dr Prakash Saran Mahat, central leader of Nepali Congress
(Democratic), Nilamber Acharya, an intellectual, Dilip Rai,
central leader of RPP, Meena Pande, central leader of Nepali
Congress. Likewise, Kamal Koirala, central leader of CPN-UML,
Mukti Sharma, former parliamentarian, Jagatraj Shakya, Lalitpur
District president of NC and Pallav Adhikari, a student
leader.
The government continues with detention of key human
rights activists, academics and political leaders within
Kathmandu valley. On 10 March 2005, security personnel
at the Tribhuvan International Airport barred former Speaker
and prominent human rights activist Daman Nath Dhungana
from boarding a flight for USA. Dhungana had been invited
by the University of California-Berkeley to speak on ‘Democracy,
Maoist insurgency and Constitutional Solution’ pertaining
to the present political crisis in Nepal on 12 March 2005.
The media persons continue to bear the
brunt of repression by King Gyanendra. According to Tara
Nath Dahal, president of the Federation of Nepalese Journalists
(FNJ), at least 463 journalists from 17 FM stations have
already lost their jobs. Some 2,000 journalists from different
media throughout the country have already lost their jobs
as a direct outcome of restrictions on the press since February
1.
Four Nepalese journalists, including Labadev
Dhungana, a correspondent for Nepal Television and a Nepali
daily Rajdhani,have
been sentenced to detention for three months under the Public Security Act of BS 2046 on
the charge of being involved in acts that were a threat
to public security.
On 14 March 2005, Dang district correspondent
for Channel Nepal and Mechi-Kali daily, Sarad Adhikari was
reportedly arrested by the police from Damodar Chowk in
Ghorahi. Adhikari is also a central committee member of
Federation of Nepalese Journalists (FNJ) and Press Chautari
Nepal. He
has reportedly been sent to jail for three months along
with four other persons for violating law and order.
On 14 March 2005,
a journalist was reportedly held while participating in
a protest rally in Hetauda city in
Makwanpur district.
On 14 March 2005, Indian
journalists covering the protests that followed the visit
by Nepal’s crown prince Paras to a sports stadium in Mechi
were reportedly detained and beaten up by the Royal Nepal
Army in Kakarbhita, eastern Nepal.
On 14 March 2005 afternoon, security personnel
allegedly manhandled Reuters photojournalist Rupak De Chaudhary
in Damak in Kakarbhitta district. He suffered bruise in
the head after security personnel beat him as he was taking
photographs of a demonstration by political parties. According
to Chaudhary, security personnel had beaten him even as
he was showing his identity card. He was detained at area
police office at Kakarbhitta and released three hours later.
On 15 March 2005, unidentified armed assailants
shot and critically injured Khagendra Shrestha, editor of
Dharan Today, a local daily published from Dharan in East
Nepal. The attackers fired two rounds at Shrestha’s head
as he worked in his office. He is undergoing treatment at
B.P. Koirala Hospital.
The Supreme Court
continues to flip-flop on habeas corpus petitions.
On 14 March 2005, a Supreme Court (SC) bench did not
take up five habeas corpus cases scheduled for the day,
citing "lack of time" within the office hour.
Justice Dilip Kumar Paudel deferred preliminary hearing
on the petitions that question the legality of the detention
of student leaders Ram Kumari Jhakri, Megh Bahadur Bhujel,
Dipak Bika, Keshav Raj Paudel and Khemraj Adhikari till
15 March 2005.
Responding to several habeas corpus petitions,
the Supreme Court on 15 March 2005 ordered the government
authorities, including the Ministry of Home, Police headquarters
and Kathmandu District Administration Office, to produce
student leader Hikmat Karki before the SC within three days.
The apex court also ordered the authorities to clarify the
detentions of several student leaders within the same stipulated
time period. The detained student leaders are: Ram Kumari
Jhankri, Megh Bahadur Bhujel, Dipak BK, Keshav Raj Paudel,
Kundan Raj Kafle, Raj Kumar Dhungana, Tek Raj Chapagain,
Prakash Rawal, Prahlad Waiba, Dipak Rai, Kedar Kaji Woriya,
Purna Singh Lama, Dek Raj Bhattarai, Shiv Kumar Yadav, Narayan
Bharati and Rup Singh Tamang. They were taken under preventive
detention for allegedly being a threat to the security of
the nation.
On
10 March 2005, advocate Kalam Bahadur Khatri was presented
before the Supreme Court following filing of a habeas corpus
writ on 4 March 2005 by his brother with the help of Nepal
Bar Association. The
apex court then held that “he was being held illegally”
and ordered his immediate release at the court premises
itself. He was arrested by the police on 18 February 2005
and illegally detained for three weeks under the Public
Security Act, 2046 B. S in a case of mistaken identity.
The arrest warrant had actually been issued against one
Kamal Khatri. But Kalam Bahadur Khatri alleged that the
police had arbitrary arrested him by making the necessary
correction of the name on the warrant slip in front of him
after he had identified himself as an advocate and told
them that he was not the person they were looking for.
On 9 March 2005, the Supreme Court sought explanation
from government authorities, including the Kathmandu District
Administration Office, and Kathmandu District Police Office
Hanumandhoka, as to why Nepali Congress leader Haribol Bhattari
has been detained. A single bench of justice Kedar Prasad
Giri issued the order asking them to furnish replies within
three days.
The
Royal Nepal Army continues to be responsible for arbitrary
killings of both innocent civilians and alleged Maoist rebels.
On 9 March 2005, at least 12 Maoists were reportedly
killed in a security action at Syabung area of eastern Ilam
district.The RNA also claimed
to have shot dead a Maoist rebel identified as Deb Mani
Nepali at Rautgaon area of Dang district on the same day.
On 11 March 2005, at least three Maoist rebels
were reportedly killed in separate encounters with security
forces in Siraha and Arghakhanchi districts. Those killed
at Saharwa area in Siraha district were identified as Laxman
Mukhiya and Ram Krishna Yadav. The security forces claimed
to have recovered one pistol, bullets, socket bombs and
documents from the slain militants.
On 14 March 2005, security forces shot dead an unidentified
Maoist rebel in a security operation at Fulaki area of Kapilvastu
district.
The
RNA reportedly admitted its fault and taken responsibility
for the death of 15 year-old Ms Maina Sunar of Kharelthok
area in Kavre district after her arrest by RNA personnel
on 17 February 2004. A Court of Inquiry inquiring into the
incident found the RNA guilty. An RNA statement on 14 March
2005 said a court martial would be held for necessary action
on the guilty security officials.
The Maoists continue to be responsible for violations
of international humanitarian laws.
On the morning of 9 March 2005, a laborer identified
as Kali Sada of Gaushala VDC-3 reportedly died and five
others including a minor were injured, two seriously, when
a Maoist-planted bomb went off on Gaushala-Aurahi road.
The laborers were working on the road and the bomb exploded
as they removed a post installed on it.
On 9 march 2005, 14-year-old Bhagwan
Parajuliof Shivamandir VDC-3, one of the two boys injured
in a Maoist blast at Narmedeshwor Shwalaya in
Kawasoti on 8 march 2005, died at the Medical College, Bharatpur.
The condition of the other boy Bhagirath Neupane (12) was
reported to be critical. Parajuli and Neupane were at the
Shivaratri mela when the bomb went off.
On 11 March 2005, JB Pun
Magar, the Himal Khabarpatrika investigative journalist
who was abducted by suspected Maoists on 8 March 2005 while
on assignment to cover the anti-rebel uprising in the district
of Kapilbastu, was released unharmed at 9:00 a.m. in Kapilbastu.
The released journalist said he was kept blindfolded, mentally
tortured and threatened "to be careful" while
filing stories.
On 12 March 2005, Maoists
kidnapped Dhamananda Bhatta, jailor of the Dadeldhura district
jail, from a public bus at Sahajpur of Kailali while he
was going to Dadeldhura from Dhangadi. A woman employee
of the Nepal Electricity Authority was also kidnapped from
the same bus.
At around 11.30pm on 10
March 2005, Maoists detonated a powerful bomb at the proposed
Mahendranagar Medical College in Khairbhatti. Before exploding
the bomb, hundreds of Maoists coming in a tractor had encircled
the college from all sides. The Maoists also looted various
medical equipments worth millions of rupees including microscopes,
refrigerators and fans from the college before triggering
the explosion.
