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Human
Rights & Social Justice
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Summary
of human rights concerns arising from the Terai protests of 13 - 29 Feb
2008
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United
Nations Office of the High Commissioner for Human Rights, 27 March 2008
Introduction
On
8 February 2008, a new alliance of three Madheshi political parties, the
'United Democratic Madheshi Front' (UDMF)(1) announced that it would call
a Terai-wide bandh(2) from 13 February to support their demands to the
Government(3). Bandhs were called at the same time by the Federal Democratic
National Forum (FDNF)(4), a coalition of indigenous groups and the Federal
Republican National Front (FRNF)(5). The UDMF bandh was called off on 28
February following agreement with the Government and the others were terminated
a few days later following similar agreements.
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imposition of the bandhs paralysed daily life in most of the Terai and
led to violent confrontations between bandh supporters and both the Nepal
Police and Armed Police Force (APF). All Eastern, Central and Western Region
Terai districts except Chitwan were affected, as well as the Mid-Western
Region district of Banke and, to a lesser degree, Bardiya and Dang districts.
In the Far-Western region, a bandh called by the United Tharu National
Front (UTNF) was partially respected. |
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The
restrictions on daily life were also compounded by the imposition of curfews,
for example, in Biratnagar, Birgunj, Nawalparasi and Nepalgunj.
The
incidents illustrate the turbulent nature of Nepal's transition and the
challenges faced by the Government, in particular the agencies responsible
for maintaining law and order who function under difficult conditions often
with insufficient training, resources or operating procedures.
According
to OHCHR's findings, six civilians died during the protests as a result
of confrontations with police, five as a result of bullet wounds, and hundreds
were injured. An APF officer was also killed and numerous other police
officers were injured in connection with a demonstrations, mostly by stones
and rocks thrown by protestors.
The
Government has a duty to protect the lives and property of the population
and to maintain law and order. They also have the right to use force where
necessary and proportionate to accomplish those ends and where other means
are insufficient. The behaviour of demonstrators during these protests
was on many occasions violent and provocative. Demonstrators threw stones,
rocks and even petrol bombs at police and, in some places, carried out
sustained attacks against police posts. Demonstrators also attacked local
government offices and private businesses that defied the bandh and vandalised
or burned vehicles. Despite public announcements that ambulances would
be allowed to move freely, they were often prevented from doing so and
several were vandalised.
The
district administration was often faced with difficult decisions and police
officers, both Nepal Police and APF, came under considerable pressure.
In many instances OHCHR saw them act with restraint in the face of provocation.
There were also operational constraints. Some senior police officials informed
OHCHR that police had inadequate equipment and resources to protect themselves
or deal with the protests and they often worked long shifts without a break,
and sometimes without adequate food and water.
Taking
these significant considerations into account, the policing of the protests
raised serious human rights concerns, particularly relating to the use
of force by police, including lethal force. The enforcement of the bandh
affected the freedom of movement of the population, but OHCHR was also
concerned at allegations of police actions that violated individuals' rights
to freedom of assembly and movement.
Many
similar concerns were raised in OHCHR's report on the April 2006 Jana Aandolan.
This highlights the continuing need for the Government to address the manner
in which public disorder is managed, including through institutional reforms
within the agencies responsible for public security, as well as further
training and better equipment.
As
a result of the incidents affecting the Terai during this period, the exercise
by the population of some of its economic, social and cultural rights was
also restricted. For example, people were unable to work and many children
were unable to access their schools, so that their access to education
was disrupted.
OHCHR
was present during many of the protests and monitored the response of the
administration and police as well as the behaviour of bandh supporters.
OHCHR also monitored the detention of those arrested during the protests
with a view to ensuring respect for legal procedures and the rights of
detainees. OHCHR collaborated with the United Nations Mission in Nepal
(UNMIN) and liaised closely with human rights defenders, journalists, members
of civil society, and the National Human Rights Commission (NHRC), which
also closely monitored the situation and raised its concerns with the Government.
In addition, OHCHR maintained close contact with the authorities and with
protest leaders, promoted dialogue between them and intervened on several
occasions with a view to preventing or minimizing violence. OHCHR acknowledges
the cooperation of all of the above, which enabled OHCHR to carry out its
mandated tasks.
On
20 February, OHCHR issued a press release raising concerns at the growing
reports of violence. OHCHR called on protesting groups to use only peaceful
means and urged the Nepal Police and APF to exercise restraint in their
response to protestors, ensuring that any use of force was proportional
to the threat posed, including during curfews.(6) The release welcomed
the Home Minister's statement issued the previous day that inter alia noted
that the government had issued directives to police to exercise restraint
in maintaining law and order. OHCHR's press release followed one issued
by UNMIN on 18 February expressing concern at the violence and appealing
to the Home Minister to take all possible measures to avoid excessive use
of force as well as to leaders of the UDMF to address their grievances
through peaceful means.
On
several occasions OHCHR witnessed the participation of children, sometimes
in the front lines and armed with sticks, during confrontations between
bandh supporters and the police. OHCHR and UNICEF issued a joint press
statement on 22 February expressing concern at the participation of children
in violent protests and bandhs.(7) The agencies urged all parties to respect
the provisions of the Convention on the Rights of the Child, to which Nepal
is signatory, and the Election Code of Conduct, which clearly states that
children should not be forced, coerced or bribed into participating in
political activities.
Notes
(1)
The Madheshi People's Rights Forum (MPRF) led by Upendra Yadav, the Sadbhavana
Party (SP) led by Rajendra Mahato and the Terai-Madhes Loktantrik Murcha
(TMDP) led by Mahant Thakur.
(2)
A general strike in which all businesses, shops, schools, etc are closed
and public transport halted.
(3)
The demands included a constitutional amendment to establish an autonomous
Madheshi state within a federal democratic republic and fair representation
of Madheshis in all organs of the state, including the army.
(4)
The FDNF includes the Federal Limbuwan State Council (Lingden) and the
Tamangsaling Autonomous State Council.
(5)
The FRNF includes the FDNF, the United Tharu National Front and a broad
Madheshi Front comprising the Madheshi People's Rights Forum (Biswas/Gupta),
Dalit Janajati Party, Loktantrik Madheshi Morcha and Madheshi Loktantrik
Morcha.
[...]
(7)
The issue was also raised by UNMIN in its 18 February press release.
Source:
United Nations Office of the High Commissioner for Human Rights 2008
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