F OCHA Situation Overview

Issue No. 12, April

Highlights: • Ministerial team formed to address concerns of marginalised groups • Election Commission announces that it is not technically possible to hold Constituent Assembly polls in June • CPN-Maoist and Madhesi parliamentarians disrupt House business • Bandhs called by Madhesi and other groups continue to paralyse life in East and Central • Citizenship Certificate distribution continues to be dogged by claims of irregularities • New groups continue to pose challenges to humanitarian and development work • Delivery of services by state in Terai districts hampered by Madhesi and other groups • Reports of new displacements in East and Central Terai Districts • Positive winter crop yield expected in many districts, but shortfall remains in Mid and Far West regions • Improvement in nutrition standards reported in Bhajhang District

Kathmandu, 3 May 2007

CONTEXT citizenship certificates to a number of Indian nationals. In Central region’s , some citizens had reportedly Politics and major developments filed cases at the District Administration Offices (DAO) against individuals who reportedly aided the acquisition of On 8 April 2007, the government of Nepal formed a three citizenship certificates for their relatives from . On 8 member ministerial team headed by Peace and April, a group of brokers that included some Indian nationals Reconstruction Minister to hold talks with Madhesi, Janajati, reportedly locked up local leaders of the 8 political parties Dalits and other marginalised groups who have been and the VDC Secretary at Govindapur VDC of Morang engaging in protests for the last three months. Following District after they were deprived of citizenship despite having invitation for talks by this team, several groups including paid money. There were widespread claims that Indian Madhesi Peoples Rights Forum (MPRF) welcomed the move citizens reportedly paid between 2-20,000NPR to acquire to try and resolve Madhesi issues through dialogue, with Nepali citizenship. On 9 April, activists of Janatantrik Terai Nepal Federation of Indigenous Nationalities (NEFIN) Mukti Morcha (JTMM- Jwala Singh) reportedly abducted the suspending their planned strike programmes to give room CPN-Maoist Area Secretary from his residence at Dewahi for talks. On 26 April MPRF formed its talk team and VDC-6, District on claims that the abducted CPN- submitted the names of team members to the Ministerial Maoist leader was helping a non-Nepali to acquire Nepali team. citizenship certificate.

On 10 April, pursuant to the Tripartite Agreement on On 12 April, the Electoral Constituency Delimitation Management of Arms and Armies, the Nepal Army (NA), Commission (ECDC) submitted its report to the Prime under supervision of UNMIN registration teams and arms Minister, proposing a total of 240 electoral Constituencies monitors started locking up an equivalent number of for the Constituent Assembly (CA) elections from the current weapons registered by the CPN-Maoist in 14 storage 205. The ECDC proposed additional 35 constituencies (28 in containers at its Chhauni barracks in . This the Terai and 7 in the Hilly region), justifying the proposed process was completed on 12 April with reportedly 2855 increase on the basis of population growth, with each weapons (including rifles, machine guns, sub machine guns, electoral constituency having up to 96,000 voting pistols and mortars) registered by the UNMIN teams. population. The ECDC proposal, which if implemented, would leave the Terai districts with 116 and the hilly districts During the reporting period, a number of CPN-Maoist s’ PLA with 124 electoral constituencies were rejected by both the were reported to have threatened to leave the Cantonment Madhesi groups and the CPN-Maoist. sites, citing poor living conditions. A joint committee composed of government and CPN-Maoist formed to assess On 12 April, the Election Commission declared that it was the living conditions at the cantonments made technically not possible to hold free and fair CA elections on recommendations for improvement of the living conditions 20 June as previously suggested by the political parties. The at the cantonment sites. However, before the Chief Election Commissioner (CEC) stated that the recommendations could be implemented, wind and rain is Commission requires 110 days for preparation after the reported to have destroyed the temporary shelter of the CPN- government has passed all the required legislation and Maoist combatants, forcing a number of them out of the settled the pending political issues. The CEC asked the cantonments into the neighboring villages in Nawalparasi, government to announce the CA elections date taking into Kailali, Ilam and Chitwan sites. account the foregoing factors to enable the EC plan accordingly. Following this announcement, the leadership of Citizenship card distribution continued to be dogged with the 8 political parties at different levels engaged in political controversies, especially in the Terai districts, with claims debates as to who should take responsibility for the delay and that brokers were involved in getting money to secure Nepal the way forward, but no conclusions were reached. The

OCHA Nepal Situation Overview, Issue No. 12/April 1 announcement by CEC that holding CA elections in June was the same is held by an interim government formed through a not possible also attracted protests from CPN-Maoist cadres round-table conference of all political parties, organizations, across the country, including combatants from Chitwan and intellectual community and the civil society from the Terai Nawalparasi Cantonment sites, who temporarily came out of their cantonment on 14 April to protest against delay in region . holding CA elections. On 15 April, the CPN-Maoist Chairman Prachanda stated that if the CA polls could not be On 23 April, Chure Bhawar Ekta Samaj (CBES), a group held on schedule, the basis of unity among the eight parties composed of principally Nepalese of hill origin (Pahadi) had ended and new understanding should be reached on the called for an indefinite Chure Bhawar Pradesh strike. The process of declaring Nepal a republican state, including options for a referendum to decide on the fate of the CBES, whose membership reportedly hails from different Monarchy. On 27 April 62 political parties had reportedly political parties, demanded among other things, the submitted applications for registration to the Election declaration of the Chure Bhawar region as an autonomous Commission to enable them participate in the CA elections. state. CBES bandh was reportedly effective in Bara, Rautahat Sarlahi, Mahotari and Dhanusa districts. On 24 and 25 April, On 18 April, CPN-Maoist members of Interim Parliament owing to this strike, police had to escort vehicles along the started disrupting parliamentary proceedings demanding immediate announcement of date for CA elections, highway between Sarlahi and Rautahat districts after CBES declaration of Nepal as a republican state and better vandalised several vehicles along , management of the Cantonment sites. The CPN-Maoist also including a private bus hired by the Nepal Red Cross. On 26 sought an apology from the Home Minister for the police April, the strike had spread to District in Eastern raid on Young Communist League (YCL) offices. Similarly Region, causing many travellers to be stranded along the the Members of the Interim Parliament from the Madhesi highway and prompting the Home Ministry to issue a community joined the CPN-Maoist in disrupting the business of the Interim Parliament demanding among other things the warning that the government through the security forces setting up of a high level judicial probe into the violence in would use all measures to tackle protest programmes that the Terai, adequate compensation to the victims of the Terai disrupt the flow of vehicles along the highways. A violence and scrapping of ECDC report. On 25 May, due to confrontation between CBES activists and security forces as these disruptions as well as the projected absence of the well as TJMM (Jwala Singh) activists reportedly led to the house speaker and his deputy, parliamentary proceedings were adjourned for two weeks. death of two people. On 30 April, the CBES strike was called off after the government reportedly agreed to release 9 Conflict and Security arrested CBES members as well as set up a commission to During the reporting period, several abductions and demand investigate the incidents that happened during the CBES for ransom, notably by both factions of TJMM were strike. observed. An OCHA mission in early April to Siraha and Saptari districts of Eastern Region was informed that in During the reporting period, Terai bandh called by Madhesi alone, 12 cases of abductions attributable to Tigers on 28 and 29 April to protest against the arrest of its TJMM were reported to human rights organisations within a activists by the police was observed in Siraha, Saptari and span of one month. On 10 and 11 April, Medical professionals Sunsari districts of the Eastern Region. On 23 April, 227 across the country staged protest against the government’s members of former bonded labourers (Kamaiyas) reportedly inaction in securing the release of the Saptari District set up a group in of Mid Western Region and Medical Officer of Health, who was reportedly abducted from threatened to start protest programmes in 6 VDCs unless the , Saptari District on 4 April. The abducted doctor government settled former Kamaiyas and other landless was later released in Eastern Region’s on 11 people. April. The District Education Officer (DEO) of Saptari District who was abducted on 7 April was subsequently Clashes between CPN-Maoist, MPRF and other groups rescued by security forces in the same district after being (including ordinary citizens) continued to be reported in held for 5 days. different parts of the country. During the reporting period, a clash between villagers and representatives of other political On 9 April, TJMM (Jwala Singh) called a Terai bandh to parties on the one hand and CPN-Maoist on the other in mark the first day of ‘Independence of the Madhesi’. This Manma, , Mid Western Region left several bandh was reportedly effective in Siraha, Saptari, Dhanusa people injured, prompting the DAO to impose a curfew. On and Mahotari districts. On 18 April, the DAO in Rautahat 10 April, a clash between MPRF and CPN-Maoist in Bangai District in Central Region imposed a 3-day prohibitory order village, of Western Region left several barring all demonstrations, rallies and gatherings in 7 wards people injured. Similarly on 11 April cadres of the JTMM of Gaur Municipality between 20 and 22 April. These dates (Goit) are reported to have shot at three persons including 2 coincided with those set by Madhesi Peoples Right Forum CPN-Maoist district officials in village of Central (MPRF) for calling a Terai bandh, which was largely Region’s . observed in Parsa, Bara, Rautahat, Sarlahi, Mahotari and Dhanusa districts of the Central Region, Kapilbastu, During the reporting period, the police raided the offices of Rupandehi and Nawalparasi districts of the Western Region YCL in Kathmandu, Baktapur and Lalitpur districts of the as well as Siraha, Saptari, Sunsari and Morang districts in the Central Region, reportedly after a tip off, in search of illegal Eastern Region. On 9 April, the TJMM (Goit) called on all weapons and abducted people. However, the police search people residing in the Terai region to boycott CA polls unless did not yield any positive results, prompting protests across

OCHA Nepal Situation Overview, Issue No. 12/April 2 the country, claims of harassment and demand for public mission that they have not received direct physical threats, apology from the police by YCL leaders, who claimed that the some NGOs had reportedly been requested to close down YCL are only involved in “development activities”. Continued their offices and a few staff who tried operating on the usage of guns, explosives and bombs by varying groups to Southern parts of the two districts had been asked for instil fear or make political statements notably increased ‘donations’, with threats of abduction from unknown groups. during the reporting period. On 8 April, TJMM (Jwala Similar patterns have been reported in other Terai districts of Singh) activists fired several shots in the air in to Central and Western region. For instance, during the warn would be violators of their bandh called on 9 April. reporting period, a TJMM (Jwala Singh) cadre reportedly Similar incidents of shooting in the air were reported in asked a UN project office in Gaur, to give 1 , on the eve of an MPRF called million NPR to the group or cease operations. In Bara bandh. Following reports of widespread presence of weapons District, the TJMM (Goit) is reported to have telephoned two in the wrong hands, the Home Ministry issued a directive NGOs in the area, demanding 10% of the organisation’s total with a one week deadline to all people in possession of illegal budget prior to the continuation of the organisations’ arms to surrender the same to the state by 8 April. However, activities. A motorcycle belonging to one of the NGOs was the Home Ministry reported that it managed to secure only 6 also confiscated by the TJMM during the reporting period. guns and 311 bullets in 6 districts across the country by the Three NGO workers were also abducted and subsequently end of the deadline period . released by the TJMM (Jwala Singh) in . On 24 April, a YCL activist telephoned an INGO office in Operational Space Kathmandu and threatened the INGO staff to close the office and join in the celebration of “Loktantra day’ or take On 4 April, Mugu Chamber of Commerce and Industry responsibility for any consequences of the failure to close (MCCI) based in of Mid Western Region offices on this particular day. informed air operators that they would not allow any flight by helicopters into Gamgudi helipad until MCCI demands for Reach of State reduced rates for cargo for the local business community are met. Due to this blockade by local officials of MCCI, World During the reporting period, an OCHA mission in early April Food Programme (WFP) was hindered from delivering 65 to Siraha and Saptari districts in Eastern region was metric tons of emergency food aid to needy populations informed that it was increasingly getting difficult for the living in Kimri, Mangri, Pulu, Roba and Ruga VDCs in Mugu government to deliver services compared to past months. District. Following this blockade and failure by WFP to get The MPRF activists had consistently locked government assurances from MCCI that led to over two weeks of delay in offices and the different emerging groups had threatened delivery of the needed humanitarian assistance, on 20 April, middle and high level government officials of hill origin WFP, issued an appeal to MCCI members to respect (Pahadi). Due to pressure from these groups, a number of international humanitarian principles and allow WFP “Pahadi” civil servants had reportedly been forced to vacate contracted helicopters access to deliver the relief food. The their offices, seek transfer or quietly go on leave in MCCI persisted in their blockade and efforts to resolve the Kathmandu and other places. Government officials of issue between Ministry of Civil Aviation and MCCI were Madhesi origin were reportedly making ‘technical reportedly underway. appearances’ in the offices using the back door, but were not working consistently owing to fear of being perceived by As previously reported, marked reduction in interference by different groups as supporting the government against the the CPN-Maoist in the way development and humanitarian ‘wider Madhesi cause’. The OCHA mission was further organizations deliver services continued during the reporting informed that all the VDC Secretaries of Pahadi origin were period, but new groups especially in the Terai region not able to continue working in their respective VDC offices continued to pose operational challenges. An OCHA mission or even the district headquarters. A few VDC Secretaries of in early April to Siraha and Saptari districts in Eastern Madhesi origin were reportedly willing to continue working, Region was informed by both the UN and other but had been directed to pay 25,000 NPR to TJMM (Goit) organizations based in the two districts that it was very before undertaking any activity. Following further directives difficult to continue operations, irrespective of the work or from TJMM (Jwala Singh) that all government departments projects being implemented, a marked departure from how should surrender to the ‘Madhesh government’, it was the situation was 3 months ago. This was due to the poor reportedly difficult even for the VDC Secretaries of Madhesi security situation, extortion from different groups and origin to work effectively. In Central Region’s Mahotari pressure from groups that were not directly benefiting from District, MPRF is reported to have issued death threats to the projects. For some projects working in specific villages, government employees who opened their offices. Similarly, the community was able to provide assurances once the JTMM (Jwala Singh) claimed responsibility for a device project staff was in their villages, but access challenges to which exploded on 11 April at a private house in Gaur, such villages remained, principally due to security reasons Rautahat District, reportedly in protest at the CDO’s decision owing to the emergence of different players who had no to reopen government offices in the District. During the identifiable leaders either locally or nationally and the reporting period, JTMM (Jwala Singh) also issued a press absence of state structures to deal with such groups. statement asking all civil servants of “Pahadi” origin to leave Whereas many development partners informed the OCHA the Terai districts as soon as possible.

OCHA Nepal Situation Overview, Issue No. 12/April 3

During the reporting period, an international fact finding The re-establishment of police posts that had been displaced mission on the right to food, led by FAO’s UN Special during the conflict continued to face challenges in different Rapporteur on the right to food arrived in Nepal and visited parts of the country. In Western Region’s , a Siraha, Makwanpur, Nawalparasi, Chitwan, Banke, Jumla, police team that had gone to re-establish a police post in Dadeldhura and Accham districts. On 19 April, the team, Thulipokhari was reportedly denied permission to do so by composed on 8 NGOs and 4 INGOs released its preliminary local cadres of CPN-Maoist. Similarly, due to pressure from findings which suggest that food insecurity is pervasive in CPN-Maoist, a police post located at Ragechaur village of surplus and food deficit districts and primarily affects Salyan District in Mid Western Region was reportedly shifted women and children, indigenous nationalities, bonded to the area police post at Tharmare and subsequently to the labourers, other marginalised groups and people living with district headquarters . On 30 April, CPN-M local cadres HIV/AIDS. reportedly attacked a police post based in Katkuiya VDC of Banke District, Mid Western Region . During the reporting Population Movement period, an OCHA mission in early April to Siraha and Saptari Following changes made to government ministries when an districts of Eastern region was informed that the police in interim government incorporating CPN-Maoist was formed Siraha have re-established only 7 rural police posts out of the in early April, the responsibilities for Internally Displaced original 23, while only 50% of the police posts that had been Persons (IDPs) was shifted from the Ministry of Home re-established in Saptari District are operational owing to Affairs to the newly created Ministry of Peace and attacks and other forms of threats from TJMM. Reconstruction. OCHA, UNHCR, OHCHR and NHRC have

been requested by the Peace and Reconstruction Ministry to In Bardiya District of Mid Western region, despite an support a team to prepare implementation guidelines for the agreement during 8 party meeting, the CPN-Maoist stopped new IDP policy. Nepal Electricity Authority (NEA) officials from reading electricity meters in rural areas of the District. Similarly, in During the reporting period, UNHCR jointly with OCHA, , CPN-Maoist is reported to have stopped the NRC and OHCHR organised IDP workshops in Tehrathum, police and government officials from moving into 3 Villages Dhankuta, Rukum and Jajarkot districts. The Workshops of Chainpur, Shaktikhor and Jutpani without ‘permission’. were attended by political parties including CPN-Maoist, In Eastern region’s , CPN-Maoist is reported Police representatives, CDO, the displaced (IDPs) and civil to have asked all the VDC Secretaries to give 10% of their society representatives. Sessions focused on among other budget to CPN-Maoist. topics the IDP Guiding Principles and the draft national IDP Drought policy. The Workshops are aimed at providing the participants with a better understanding of international The World Food Programme (WFP) released its latest food norms guiding the return of internally displaced persons and security update covering the status of main winter crops possibly establishing district level IDP working groups. (Wheat and Barley) in 36 districts. According to the report, UNHCR is to continue leading similar workshops in the outlook for the winter wheat production is positive, with Taplejung and Pancthar districts. early estimates from the Ministry of Agriculture and Cooperatives (MoAC) pointing towards target output of 1.5 In the Mid Western Region’s , the DAO Million Metric tones. This positive scenario can mainly be distributed NRs. 5,000 as return assistance to 40 IDP attributed to the increase in wheat production in the Terai. In families out of 366 IDP families that has registered from the nine Terai districts (Saptari, Siraha, Dhanusa, Bara, within Surkhet district. DAO is reportedly in the process of Parsa, Nawalparasi, Rupandehi, Banke and Bardiya) coordinating with other districts to verify IDPs staying in monitored by the WFP Food Security Monitoring and Surkhet from other districts. DAO Banke is also in the Analysis System, the average increase in wheat production is process of facilitating the return of 139 IDP families from 38%. This increase is attributable to increased area under Rukum, Rolpa, Dang, Mugu and Jumla districts who are wheat cultivation and better yields due to favourable currently residing in Banke District that have sought return weather. However, the crop situation is less positive in assistance . several Hill and Mountain districts of Mid and Far Western Regions. In these areas, the effects of drought, hailstorm, late Health and Nutrition snowfall, excessive rainfall and pest have led to substantial During the reporting period, the Disaster Health Working localised decrease in winter crop production. Heavy losses in Group (DHWG) through the Director General of the wheat production is expected in Dailekh, Jarjakot and Department of Health Services in collaboration with the Pyuthan districts of the Mid Western Region as well as Epidemiology and Disease Control Division (EDCD) and the Baitadi, Achham and Bajura districts in the Far Western EHA programme organized a workshop to discuss how to Region. Food security conditions in the latter districts make operational Emergency Preparedness and Disaster remain precarious. According to the WFP report, the Barley Response plan for the health sector and decide the future crop production is expected to be normal in the main direction for the working group. Participants included health production areas of the country. officials and representatives from UN organizations, international organizations and NGOs. During the workshop,

OCHA Nepal Situation Overview, Issue No. 12/April 4 participants agreed on key preparedness and response Chronic Malnutrition (59.2% and 28% for global and severe activities in coordination, logistics, emergency patient care, malnutrition respectively) are a pointer to the fact that environmental health, disease control, and food & nutrition nutritional situation in the District is not normal and that areas as well actors, constraints and implementation plans. children do not have all the necessary elements for a good growth. The survey report indicates that the causes of On 7 April, Nepal marked the World Health Day, focusing malnutrition in the District are multiple and include in through various activities on this year’s theme of addition to low access to food inadequate care for children international health security with the slogan ‘invest in health, and diseases. build a safer future’. The theme focused on how globalization accentuates the relation between health and security by COORDINATION redefining old threats in a new context (like. polio, malaria, OCHA and WFP reached an agreement to work jointly on TB, HIV/AIDS, environmental degradation, disaster information management so as to take full advantage of the management and terrorism) as well as confronting new resources of the WFP field monitors present in 32 districts as public health challenges like global warming, global ageing, well as OCHA’s capacity in Geographic Information Systems double burden of disease and risk of Avian Influenza (GIS) and analysis. Some of the upcoming joint projects pandemic. include further analysis on determining measures of “conflict affectedness”

On 19 and 20 April, UNICEF supported the distribution of On 30 April, the Inter Agency Standing Committee (IASC) Vitamin A capsules to children in Nepal aged between 6 meeting decided to conduct a natural disaster contingency months and 5 years. The exercise, which also aimed at de- planning workshop in early June. The IASC also endorsed a worming children between the ages of 1-5, targeted proposal to use the cluster approach as the basis for the approximately 3.7 million children in the country. Contingency Plan. The IASC further agreed to start the Mid- Year Review of the Common Appeal for Transition Support in May. During the reporting period, Action Contre La Faim (ACF) released a report of its nutritional survey that was conducted UNHCR jointly with other partners (UNMIN, OHCHR, in Bhajhang District of Far Western Region in December UNDP and OCHA) set up a protection sub working group to 2006. According to the findings of the survey, which was deal with issues of statelessness in Nepal. The group plans to done in 8 most vulnerable VDCs of the District, Global meet periodically to discuss the situation and issues related to statelessness in Nepal. Malnutrition rate of 11% and Severe Malnutrition rate of 1.2% was observed. The survey noted that high rates of

For further information please contact: Vincent Omuga, Humanitarian affairs Officer on 9851072870 Paul Handley, Humanitarian affairs Officer on 9851087520.

OCHA Nepal Situation Overview, Issue No. 12/April 5