 |
UNMIN
report on conditions for the 10 April Constituent Assembly election |
|
|
|
|
UNMIN
report on conditions for the 10 April Constituent Assembly election |
 |
|
UNMIN
Election Report No 3, 6 April 2008 |
 |
Kathmandu,
6 April 2008 (UNMIN)
 |
| This
report has been prepared by the United Nations Mission in Nepal (UNMIN),
in conjunction with the Office of the High Commissioner for Human Rights
(OHCHR) in Nepal. The United Nations was requested to assist in creating
a free and fair atmosphere for the election of a Constituent Assembly,
including through UNMIN's monitoring of the ceasefire and the management
of arms and armies and OHCHR's human rights monitoring. |
|
"The
aim of UNMIN's regular public report is to encourage the political parties
and all Nepalis to create a free and fair atmosphere for the Constituent
Assembly election, now less than two weeks away," said Ian Martin, Special
Representative of the Secretary-General in Nepal.
|
Conditions
for Constituent Assembly election on 10 April 2008 |
|
The
momentum for the election has continued during the past week. Positive
developments included a recommitment by three major parties of the Seven-Party
Alliance to campaign peacefully and cooperate at the district level. However
these commitments need to translate into reality on the ground -
which has too often not been the case. While campaigning was peaceful in
many constituencies, incidents of election-related violence and intimidation
by party workers continued, with frequent and sometimes severe clashes
between political parties in many districts. The Young Communist League
and other Maoist cadres continued to be involved in the largest proportion
of these incidents. There is also mounting evidence of State resources
being deployed for partisan ends.
Perhaps
the most positive feature of the last week was the restraint and responsibility
demonstrated in the face of the deliberately provocative bombing of a mosque
in Biratnagar on 29 March, which caused the deaths of two persons and injuries
to others. The Nepal Defense Army claimed responsibility for the attack.
The people of Biratnagar resisted the apparent attempt to incite intercommunal
violence and responded with moderation and dignity.
While
the decision of the Nepal Police, supported by the Armed Police Force,
to increase security in sensitive districts is welcome, police inconsistency
in enforcing the law during the pre-electoral period risks encouraging
an atmosphere where all actors feel they can behave with impunity. Those
who violate the law should be arrested and brought to justice; the pattern
of arrests followed by release without proper enforcement of the law has
contributed to the continuing violence.
top
1.
Violence by groups opposed to the election
Talks
between the Government and armed groups in the Terai have regrettably failed
to materialize before the election, and the actions or threats of actions
by these groups continued to create an environment of fear and intimidation
in many locations. Local administrations engaged in talks with Indian counterparts
immediately across the border regarding the tightening of border security
in the final run-up to the election and on election day, including a 3-day
closure of the border.
While
the number of abductions by armed groups decreased slightly, there was
a considerable increase in the detonation of improvised explosive devices
(IEDs), some of them powerful and several clearly targeting the electoral
process. One example was a pressure cooker bomb that exploded in the Nepali
Congress (NC) district office in Sunsari on 31 March. In a particularly
egregious act, an IED was hurled at a passenger bus in Siraha on 2 April,
injuring at least three people. A disturbing new development was the use
of IEDs by armed groups in the hilly districts of Taplejung and Bhojpur.
The explosion of a number of IEDs in Kathmandu on 4 and 5 April raises
further concerns regarding final efforts to cause apprehension and disrupt
the election in this way.
Violent
attacks against candidates and party workers increased with some serious
injuries resulting, although fortunately no further deaths. An NC member
and a Madhesi People's Rights Forum (MPRF) district chairperson were shot
and injured by unidentified armed groups respectively in Sunsari on 29
March and in Kapilvastu on 31 March. A Dalit Janajati Party candidate was
abducted on 29 March in Saptari, while a Nepal Workers and Peasants Party
member was abducted on 31 March in Siraha. Human rights organisations were
reportedly advised to refrain from monitoring certain VDCs in the south
of Sunsari district by armed groups aiming to intensify their activities
in those areas. However, there was a reduction in the activity of armed
group activity in the Mid-Western region, against the background of recent
arrests of a number of cadres of the Janatantrik Terai Mukti Morcha - Jwala
Singh (JTMM-JS).
After
the failure to initiate talks between the Government and four armed groups
- the Madhesi Mukti Tigers, United Janatantrik Terai Mukti Morcha,
Terai Cobra and Janatantrik Terai Mukti Morcha-Rajan Mukti -
groups announced a 2-day strike from 31 March to 1 April and an indefinite
strike from 7 April onwards. The JTMM-JS and the Akhil Tarai Mukti Morcha
announced a strike and other measures aimed at disrupting the election
commencing on 2 April. While reports indicate that campaigning is continuing,
the threat and uncertainty that accompanies such announcements contributes
to the climate of fear in which candidates and voters function. Despite
these conditions the enthusiasm of voters remained high across the Terai.
top
2.
Violations of the electoral code of conduct and of human rights
Despite
the recent restatement of commitment by the three major parties of the
Seven-Party Alliance to peaceful campaigning, UNMIN and OHCHR continued
to receive reports of clashes between party supporters on a daily basis.
In particular, the level of assaults, obstructions and intimidation by
cadres of the CPN-M remained high, particularly in hill districts, with
the number of short-term abductions and detentions increasing. The many
incidents involving the Maoists included the abduction of eight Rastriya
Prajatantra Party members in Sindhupalchowk on 25 March; the abduction
of five NC members in Nawalparasi on 26 March; the beating of Communist
Party of Nepal-Unified Marxist-Leninist (UML) members in Dolakha on 26
March; the beatings of NC members in Dhading on 27 March, and a UML cadre
in Dhading on 30 March; an attack on an NC candidate and supporters in
Rasuwa on 1 April; and attacks on RPP and UML supporters in Chitwan on
2 and 3 April. Other recent incidents are still being investigated by UNMIN
and OHCHR. In some districts, UML has now limited its campaign activities
to district headquarters because of security fears. Notwithstanding this,
UNMIN and OHCHR have observed campaign activities continuing without obvious
problems in many districts and constituencies visited.
Incidents
involving other parties most commonly took the form of clashes and disruptions
of campaigning. For example, a scuffle took place between MPRF and NC supporters
in Sunsari on 25 March; MPRF and Terai-Madhes Democratic Party (TMDP) supporters
clashed in Banke on 27 March; and UML members allegedly beat two NC members
just after the conclusion of a NC electoral programme in Lamjung on 26
March. On 31 March Communist Party of Nepal-United supporters stabbed the
Janamorcha Nepal candidate in Kavrepalanchok constituency 1.
An
incident involving supporters of the NC, UML and CPN-M in Dadeldhura on
30 March was only brought under control following the imposition of a curfew
by the local administration. There were reportedly 27 people injured and
the NC and CPN-M party offices were both vandalised. In another serious
clash, several NC and CPN-M supporters as well as police officers were
injured on 31 March in Tanahun.
OHCHR
investigated incidents in Pakarbas VDC, Ramechhap district, that occurred
on 28 and 29 March involving the CPN-M and UML. OHCHR found that while
the Maoists continued to obstruct meetings of other political parties in
remote areas of Ramechhap, UML members forcibly interrupted a Maoist women's
cultural group programme on 28 March; and during the evening of the same
day a Maoist cadre was attacked and sustained a head injury. OHCHR has
also confirmed that the following day Maoist cadres surrounded the villages
in the affected VDC and seized five UML supporters for several hours. Two
of the UML supporters were off-duty Nepal Army personnel who appeared to
have been involved in campaign activities. OHCHR also found that the Maoists
searched and entered many private houses without permission, spreading
fear among local villagers who told OHCHR that they may decide not to vote
due to the risk of further violence on election day. OHCHR is seriously
concerned that there will be further violence in Ramechhap as the CPN-M
District-in-charge, Rajan Dahal, stated that violence against those who
oppose the Maoists is legitimate.
UNMIN
was able to verify that the death of Maoist district committee member Ganga
Bhujel in Solukhumbu on 26 March was the result of police shooting. It
appears that both the CPN-M and NC had plans to conduct programmes in the
same location on 26 March and that the local administration did not take
due care to ensure that competing political party rallies were not held
on the same day and thus avert possible confrontation. Fights broke out
between members of the two parties in which several were injured. Police
accompanying NC candidate Bal Bahadur KC to the area opened fire during
the clash. UNMIN was unable to find any evidence that Maoist cadres present
at the site were armed with guns or khukuris, and the NC candidate appears
to have engaged in attempts to disrupt the CPN-M event. UNMIN is concerned
that the police may have acted in a partial manner and used excessive force.
It is imperative that the authorities undertake an impartial investigation
into this killing and that the leadership of both the NC and CPN-M work
with the authorities to avoid further escalation of tension in Solukhumbu.
In
a welcome development, OHCHR obtained confirmation that the police had
initiated an investigation into the killing of a CPN-M member in Kapilavastu
on 22 March. It had earlier been reported that political pressure
had prevented hospital staff from carrying out a proper autopsy on the
victim.
UNMIN
and OHCHR have received disturbing reports from voters that candidates
and political parties are planning to influence voters in a number of "traditional"
ways in the days prior to polling and on election day. Reports indicate
that the police have acted in a partisan manner in some districts, such
as Solukhumbu and Dadeldhura. Voters have reported plans to buy votes directly
through "donations" of food, clothing and other goods, or by using local
leaders as brokers who will "guarantee" the votes of local communities
in exchange for cash payments, as well as attempts to intimidate Dalits
and other vulnerable populations into voting according to the wishes of
influential landlords and local leaders. It is also alleged that there
are plans to selectively prevent voters from approaching the polling centres
in order to vote.
UNMIN
and OHCHR are concerned by reports that members of traditionally marginalised
communities face specific threats and difficulties in the electoral process.
For example, OHCHR verified that three Dalit supporters of the CPN-M were
beaten in Kailali on 23 March by upper-caste supporters of NC and UML who
verbally and physically abused the victims, telling them that "Dalits cannot
do politics". Four people were arrested by police in relation to the incidents,
but were subsequently released following an inter-party agreement mediated
by police that was reportedly undertaken without any consultation with
the victims. Dalit organisations in Kanchanpur claimed that Dalits have
been pressured to vote for candidates supported by their landlords. In
another form of discrimination, reports were received that in Siraha female
candidates were not provided with adequate security by the local administration,
impairing their ability to campaign freely. It was also reported to OHCHR
that security was denied to Dalit Janjati Party candidates campaigning
in Danusha on the grounds that the administration could only provide security
to candidates travelling in vehicles.
Minors
are participating extensively in campaigns organised by the three main
parties, sometimes comprising up to 50 per cent of the crowds at rallies.
While the voluntary participation of children in lawful political activities
is acceptable, UNMIN has found that some children were paid or received
other incentives to participate. UNMIN is also concerned that the natural
interest of young people in politics is being manipulated, and that a disproportionate
number of disadvantaged children are being targeted by party organisers.
Of particular concern has been the use of children, including young children,
by the Maoist Young Communist League (YCL) in rallies and election-related
violence in Ramechhap and Gorkha districts. The NC has also mobilised youth
for campaigning who ended up in violent confrontations, such as in the
Solukhumbu incident, while the UML has been operating in schools with children
as young as nine or ten years.
UNMIN
and OHCHR continued to receive reports from voters, local authorities and
parties themselves that the youth wings of political parties are likely
be involved in the obstruction of political activities on election day
which could heighten the risk of violence. UNMIN and OHCHR have verified
reports from several districts of physical training given to the YCL, including
in the use of sticks and khukuris, and of plans to deploy YCL with sticks
on polling day. The UML is reported as planning to mobilise up to 100 youths
per polling centre.
top
3.
Monitoring of arms and armies
UNMIN's
arms monitors have intensified monitoring of Maoist army personnel in the
cantonments, and monitoring of the Nepal Army (NA) in the 50 new deployment
sites where the NA is currently providing security.
The
NA is currently deployed to 540 positions, varying from platoon (40) to
battalion (800) level, including main border crossings, vital installations
and main trunk roads and junctions. Some movements will be involved on
election day in order to enable personnel from locations where the numbers
do not warrant a polling centre to vote at polling locations at barracks.
The
Maoist army remains cantoned at 28 sites, each of which will have its own
polling location nearby. UNMIN has continued to carry out head counts at
Maoist army cantonment sites, and all divisions and subordinate battalions/brigades
have been controlled by head count once or more since 24 March. Numbers
present conform to authorised strength after verification, with those on
leave within the 12 per cent limit, although not all those on leave had
yet returned to cantonments after the general order to do so was given.
The
investigation of reports of possible breaches on the Agreement on Monitoring
the Management of Arms and Armies is given priority despite the limitation
of resources beyond those required for monitoring Maoist army cantonments
and NA barracks and positions. In particular, UNMIN gives priority to investigating
reports that Maoist army personnel have come out of cantonments to engage
in political activity or reports of unauthorised movement or activity of
NA units. While some reports of the presence in communities of Maoist army
personnel have been substantiated and reported to the Joint Monitoring
Coordination Committee (JMCC), in several cases investigations by arms
monitors and civil affairs officers found no evidence to support the allegations,
which in some cases may have incorrectly identified YCL or other party
members as Maoist army members registered at cantonments.
On
29 March, the NA prepared to carry out military operations in response
to the seizure by CPN-M cadres of two NA personnel apparently on leave
in the incident in Ramechhap reported above. UNMIN expressed strong concern
to the Government that the preparations were out of proportion to the incident
and could result in a military confrontation with serious consequences
for the peace process. Although these operations were called off after
the NA personnel were handed over to the police, the matter should have
remained a law enforcement issue, and in the context of the Comprehensive
Peace Agreement any military operation should be undertaken only with Government
authorisation. UNMIN and OHCHR have not yet been allowed to interview the
NA personnel involved.
The
JMCC met on 30 March and is scheduled to meet again on 8 April. The irregularity
of meetings, which is due to the non-availability of Maoist army representatives,
is not satisfactory.
top
4.
Recommendations
|
|
 In
the remaining final days before the 10 April election, all political forces
committed to the election must work together for the success of the ballot,
setting aside shortterm partisan interests in order not to risk endangering
the election and the peace process. The integrity and credibility of the
election must stand above any other considerations.
The
CPN-M and its YCL must in the days ahead, including on polling day, cease
their intimidation and interference with the democratic rights of other
parties and candidates.
The
CPN-M leadership should ensure that its stated readiness to abide by the
outcome of the election authenticated through the established procedures
is not undermined by contradictory statements.
-
All parties should end the use of State resources and influence as well
as other undemocratic methods of vote-garnering
All
parties should confirm and support the Election Commission's assurance
to voters of the absolute secrecy of the ballot. Voters should cast their
ballots without fear of their vote being known to anyone, and without regard
to violence, intimidation or inducements.
The
Seven-Party Alliance should confirm publicly its intention to work together
after the election and to reach out to the wider political forces to ensure
that the future political course would be an inclusive one.
Those
opposed to the election and the goal of establishing a Constituent Assembly
that aims to represent the diversity of the nation and embody the sovereignty
of the people of Nepal should accept the democratic course set out by the
People's Movement and be prepared to accept the will of the people. Dissatisfaction
with the modalities of the election must not stand in the way of the people's
right to freely participate in the ballot. Disruptive activities by various
armed groups such as enforced strikes, intimidation, the threat and use
of violence, including the detonation of explosives, should end. They only
help to undermine and delegitimise the cause they are supposed to advance
and the perpetrators. Any attempt to hamper the political process is not
only ultimately futile but also carries the risk of a serious backlash. |
|
| Source:
UNMIN , April 2008 |
|
top
| Links |
|
 |
|
External
link |
|
