F OCHA Nepal - Fortnightly Situation Overview Issue No. 27, covering the period 13 -28 May 2008 Kathmandu, 28 May 2008 Highlights: • Constituent Assembly convenes on 28 May, declares Nepal a democratic republic; king Gyanendra to leave the palace • Food crisis hits remote areas in hills and mountains and fuel shortages adversely affect population • Operational space restricted in some areas by security concerns, including a second attack on an IOM transport • Armed Terai groups increase level of violence, with frequent IEDs, abductions and killings • Negotiations on forming a new government face major hurdles • Bandh in Kathmandu Valley and protests following PLA killing of a Kathmandu businessman • Due to the lack of textbooks and related protests, schools close down for two weeks CONTEXT ceremonial president after the abolition of monarchy, and to amending the interim constitution so that a government can be Political situation formed and removed through a simple majority in the CA. The Terai Madhesh Democratic Party (TMDP) was also expected to Constituent Assembly convenes, republic declared join this agreement. Following a swearing in ceremony of newly elected members On 22 May Senior NC leader and former prime minister Sher on 27 May and under tight security arrangements, and after Bahadur Deuba ruled out his party's involvement in the to-be- more hours of delay, the first session of the Constituent formed government and the possibility of a working alliance Assembly (CA) convened at the Birendra International with Maoists if the latter failed to address the NC‘s seven-point Convention Centre (BICC), Naya Baneshwor, in Kathmandu in demands issued earlier. the evening of 28 May. As planned, the CA decided to declare Nepal a democratic republic and thereby abolished the 239- year old monarchy. Nepal‘s erstwhile king Gyanendra was given a two week period to leave the Royal Narayanhiti palace. The Election Commission directed CA members elected from two constituencies to quit any of the two seats by 8 June. (NC leader Sher Bahadur Deuba from Dadeldhura and Kanchanpur, Maoist chairman Prachanda from Kathmandu and Rolpa, Maoist leader Dev Gurung from Manang and Kaski, MJF coordinator Upendra Yadav from Sunsari and Morang and MJF leader Bijaya Kumar Gachhadar from Sunsari and Morang) By-elections will be held in due course. Prior to the CA meeting, the Communist Party of Nepal-Maoist (CPN/M), Nepali Congress (NC) and the Unified Marxist Leninist (UML) party had reached an understanding that political parties will select the remaining vacant 26 seats: the Maoists will recommend nine names, NC and UML five each, A single temporary pontoon bridge links the Rajapur Delta to Bardiya District. Photo: OCHA Madheshi People‘s Rights Forum two and one each by Terai Prachanda has rejected outright pre-conditions put by the other Madhesh Democratic Party, Sadbhavana Party, CPN-ML, political parties such as disbanding of Young Communist Rastriya Prajatantra Party and People‘s Front Nepal. Out of the League (YCL) and People‘s Liberation Army (PLA) for joining a 26 members, the parties agreed to nominate 10 members from government led by his party and declared that he will be at the the ethnic communities as recommended by Nepal Federation helm by 2 June. CPN/M has proposed that the PLA should be of Indigenous Nationalities (NEFIN). immediately brought under the government and integrated with the Nepal Army and to convert the YCL into a political Formation of a new government organisation. On 24 May, Prime Minister (PM) Koirala formally asked Just before the CA meeting, the three major political parties CPN/M to form the country‘s next government. The Maoists agreed to create the position of a ceremonial President with have started consultations with other parties over the limited powers and to bestow executive powers to the PM. formation of a coalition government, but the outcome of these However, all parties remain in intense negotiations over power- negotiations is still far from certain. CPN/M has proposed its sharing arrangements and public positions could change. chairman Pushpa Kamal Dahal (—Prachanda“) as the next PM. CPN/M further proposed to share ministerial portfolios but Political violence and tensions was reportedly not ready to share the posts of President, deputy president, PM and Chairperson of the CA, as demanded A local restaurant owner and businessman of Koteshwor, by other political parties. Kathmandu, Ram Hari Shrestha, was allegedly abducted, tortured and killed earlier in May by PLA cadres at Shaktikhor Other major political parties - NC, UML and the Madhesi cantonment in Chitwan district. The Maoists had accused People's Rights Forum (MPRF), which together have 266 seats Shrestha, a Maoist supporter, of stealing money and a handgun - subsequently formed a common stance on power sharing and from a property he rented to them in Kathmandu. The victim's amendments of the interim constitution. They agreed to a OCHA Nepal Situation Overview, Issue No. 27 /28 May 2008 1 family members and Koteshwor residents formed a struggle Similarly, Prithvi Singh-led Janatantrik Tarai Mukti Morcha committee and - together with more than 100 civil society (JTMM) also claimed their involvement in the bomb explosion organizations - urged the PM to investigate the murder and to at a soap factory there the same night, and in Dang, a man was immediately disband the PLA. They then staged a Kathmandu injured in an explosion on 13 May. On 14 May, at least seven Valley-wide bandh on 21 May, following days of persons have been injured when unidentified groups detonated demonstrations, which was also supported by the NC, UML bombs at Rautahat and Parsa. At least six persons were injured and MPRF. when a pipe bomb detonated at a medical shop in Gaur (Bara) on 14 May. The Terai Army (TA) has taken responsibility for the Various human rights defenders have condemned the murder blast. Meanwhile, a team of Nepal Army defused a socket bomb of Shrestha inside a PLA cantonment and demanded that the placed by unidentified groups at a shop in Gaur on 14 May, for murderers be brought to justice. Maoist Chairman Prachanda which the Terai Cobra claimed responsibility. On 21 May, four has expressed regret over the incident. CPN/M has accepted IEDs were found at Niglihawa of Kapilvastu. One IED exploded ”moral responsibility‘ for the murder, and the Maoist leader when an ox step on it; the remaining three IEDs were defused met with wife and brother on 22 May, and suspended Kali by the Nepal Army. On 25 May, a child was killed when cadres Bahadur Kham Magar alias Bibidh, commander of the of All Terai Liberation Front (ATLF) detonated a bomb at a rice Chitwan-based third division cantonment of the PLA to mill at Kalyanpur, Saptari, and a pressure cooker bomb was facilitate investigation into the killing. Shrestha's family defused by the Nepal Army in Dharan, Sunsari. withdrew all protest programmes after Prachanda agreed in writing to pay the family Rs 2 million in compensation and Fatal bus accidents have increased significantly over the recent pledged to bring the culprits involved to justice. period. A bus packed with pilgrims fell off a mountain road in Dang on 19 May, killing at least 50 people. On 20 May 7 The United Nations Mission in Nepal (UNMIN) condemned persons died and more than 30 were injured when a bus had an the killing of Shrestha which Maoist army commanders have accident at in Tanahu along Prithvi highway. On 16 May 24 acknowledged was committed by their members. This act was persons were injured as a bus had an accident near Tilhana, declared a serious breach of the commitments made in the Okharkot of Pyuthan. On the same day, 27 passengers were Agreement on Monitoring the Management of Arms and injured including 9 seriously when a bus collided with another Armies (AMMAA) reached between the CPN/M and the then bus at Jyamire of Makawanpur. On 21 May, a passenger bus Government. plunged into a river on the Gulariya-Rajapur road, Bardiya; At least 7 persons were injured. This latest incident of violence committed by Maoists has triggered a wave of protests and reactions. General Secretary of From 14 to 16 May, a transport strike called by the transport the NC-affiliated Nepal Students Union (NSU) said on 19 May entrepreneurs in Mechi, Koshi and Sagarmatha zones affected the union would launch a 'jihad' against YCL atrocities. NC has the Eastern region, until the entrepreneurs found an agreement directed its sister wings to hold protest demonstrations against with the government to review the compensation system in the Maoists in Kathmandu to pressure CPN Maoists —to stop its traffic accidents. As per the existing provision, a family of the violent activities.“ deceased in an accident receives a compensation of Rs 75,000. Expressing serious concern over what it said were criminal A public transport strike was also called by Janakpur activities of YCL, the National Human Rights Commission Transportation Association in Dhanusha and Mahottari (NHRC) has urged the government to probe crimes committed districts from 13 to 16 May. Transport operators allowed UN by the Maoist youth wing and punish them on charges of vehicles to use the highways without disruption. criminal offence. NHRC said it has received complaints and information that YCL has committed acts of abduction, A road blockade/curfew affected the Duhabi area (on the murder, beating and issuing threats. Biratnagar-Itahari route) in Sunsari district on 21 May, following outbreaks of violence after a local businessman had Chairperson of Nepal Sadbhawana Party-Anandidevi (NSP-A) killed a 13-year old local boy with an axe. Anandidevi Singh has re-appeared in public after having disappeared for about two weeks amidst speculation about an Media reported that a meeting of the Janatantrik Terai Mukti abduction, which she denied.