Monthly Update – February 2014 UN Resident Coordinator’s Office Nepal This report is issued by the UN RCO with inputs from its UN Field Coordination Offices and other partners and sources. The report covers February 2014. The next report will be issued the first week of April 2014. CONTEXT Political update The month of February saw significant political developments toward restoration of a parliamentary government and starting of the constitution drafting process. The Legislature Parliament elected Nepali Congress (NC) President and Parliamentary Party leader Sushil Koirala as Prime Minister. A seven-point agreement between the NC and Communist Party of Nepal – Unified Marxist Leninist (CPN-UML) paved the way for the Prime Minister’s election, ending the almost one year tenure of the Chief Justice-led Interim Electoral Council of Ministers. However, controversy between the NC and CPN-UML over who should hold the portfolio of the Ministry of Home Affairs delayed formation of the 21-member cabinet. Currently, efforts are underway towards preparing the basis for constitution drafting. CPN-UML Constituent Assembly (CA) member Subash Nembang was elected as Chairperson and Unified Communist Party of Nepal – Maoist (UCPN-M) CA member Onsari Gharti Magar as vice Chairperson of the CA. Also, a 49 member committee was formed to draft the CA Regulations, which is fundamental to allowing the actual work of constitution drafting to resume. The committee was initially given a ten day-deadline, which was extended twice to give more time to resolve contentious issues such as the use of party whip in the CA, formation of caucuses and who – the President or the CA Chair - should authenticate the new constitution. The actual drafting of the constitution has yet to begin. Operational space Overall, there were no major operational space issues reported by Basic Operating Guidelines signatories during the month of February in any region. EMERGING ISSUES AFFECTING PEACE AND DEVELOPMENT Confrontation between members of a local Muslim and Hindu community in Rautahat On 7 February, a confrontation took place between local members of Muslim and Hindu communities in Mathiya Village Development Committee (VDC) of Rautahat District (Central Tarai). It was reported that members of the local Muslim community refused to allow a Hindu religious procession to pass through their settlement. Following mediation efforts by the Chief District Officer (CDO) it was agreed that access would be granted on the condition that loud music would not be played by the procession while passing the Muslim mosque. In addition and as a precautionary measure, moderate security was deployed in the area. Nonetheless, a clash ensued when the procession reached the settlement. It has been alleged that the procession was attacked with a kind of pepper spray (Chilli powder), while members of the Muslim settlement stated that loud music and provocative behavior had angered local Muslim youths. The police fired several rounds of bullets in the air to regain control of the situation and around 200 police personnel were deployed to prevent any further incidents. Several people were injured, including a few police personnel, as well as a number of houses and shops were vandalized. Following the incident, the CDO initiated a meeting between religious and political leaders of both communities, who have now committed not to interfere in any future processions or religious performances. On 9 February, a peace rally was organized and a VDC level assessment team was formed to assess the damage. The situation is now calmer, though 30 police personnel are still deployed in the area. Monthly Update, February 2014 – UN RC Office Aggrieved groups continue pressing demands in the Mid Western Region Following the formation of the government, landless people, squatters as well as land tenants of the Mid Western Region have increased their activities in an attempt to pressurize the government to ensure their land rights. The issue of landless people or squatters occupying public forest land continues to be a source for local tension. During an eviction on 25 February, a government Forest Area Encroachment Control Team 1 allegedly used force to remove 13 families from the Khanddevi community forest area in Shatakhani VDC, Surkhet District2. Reportedly, the team set fire to the makeshift camp and damaged personal property of the families. The 13 families are now residing in nearby villages. Tensions in the district started in December 2012 when local authorities forcefully evicted 27 families from the same forest area (see RCO December 2012 Update 3 ). Following the eviction, the families filed a petition at the Appellate Court demanding resettlement and the Court issued a stay order to hold eviction until an alternate arrangement was found. However, in September 2013, the Appellate Court reviewed the stay order - citing that the forest area in Shatakhani VDC falls under the Chure Conservation Area4 - and issued an order to clear the area of illegal squatters, which was carried out on 25 February. On 28 February, the National Land Rights Forum (NLRF) - an association of landless people and squatters in the district - submitted a memorandum to the District Administration Office (DAO) condemning the eviction, as no alternative arrangements had been provided. This was followed by the announcement of a 15-day protest programme 5 . Similarly, in Bardiya District, landless people and squatters had earlier submitted a memorandum to the DAO demanding proper resettlement and warning that they would implement a series of protest programmes if their demands were not met. Part of the issue lies in the interpretation of the various policies and legislation related to forest occupation. The Forest Act of 1993 prohibits the registration of land within the territory of national forests and authorizes the use of force to evict people occupying forest areas6. At the same time, the Forest Encroachment Control Strategy of 2011 has the provision to provide alternative arrangements for landless families following eviction from forest areas7. The majority of landless people and squatters in the region belong the Dalit and other marginalized communities. Also, on 20 February, land tenants (Mohi)8 in Banke District submitted a memorandum9 to the Prime Minister through the District Land Reform Office (DLRO) demanding the protection of their land rights and associated 1 The Forest Area Encroachment Control Team led by the District Forest Office is responsible for the eviction of landless people or squatters from encroached areas. It comprises representatives of the Community Forest User's Group, forest rangers, armed forest guards, armed police force, and representatives from the District Administration Office, human rights activists, civil society members and local journalists. 2 According to a human rights activist, four people including two women were manhandled by security forces that were part of the Forest Area Encroachment Control Team. Two men resisting eviction were reportedly arrested. 3 Available at: http://www.un.org.np/sites/default/files/Nepal_Monthly_Update_December_2012.pdf. 4 The Government of Nepal has promoted the Chure Conservation Project as a national pride project since 2011 out of concern for the increasing rate of deforestation, forest degradation and illegal extraction of natural resources. Eviction of the encroachment and plantation in the Chure area are a major part of the project. According to national statistics, 89,049 hectares of the forest area in 34 districts of Chure has been encroached, out of which only 394 hectares of encroached area has been evicted as of April 2013. 5 The 15-days protest programme of NLRF included submitting a memorandum to the DAO in Surkhet District on 28 February; discussions with political parties, human rights activists, farmers and landless people in the district from 1 to 6 March; a protest assembly on 7 March; a sit-in-protest programme in front of the DAO on 9 and 10 March; and a bandh in the MWR and FWR Tarai districts on 12 and 13 March. 6 Nepal Forest Act, 2049 (1st amendment 2055), clause 15 and 16 http://www.lawcommission.gov.np/en/documents/func- startdown/124/ 7 "An alternative management would be made for the landless families after the eviction from the forest area...” (Article 4.7) of the Forest Encroachment Control Strategy, 2068. 8 Land tenants or "Mohi" are peasants (farmers) who cultivate land of landowners. With the view of scientific distribution of cultivable land and to curb the ceiling of landholdings, the Land Reform Act 1964 was introduced to ensure that land tenants receive a share of the land from landowners. 9 The memorandum includes the demand of land tenants for 50 percent of the land from the landowners, for preventing sale or handover of the land, for implementing the redistribution of land and for compensating tenants who have filed a court case against the owners to ensure their land rights. P a g e | 2 Monthly Update, February 2014 – UN RC Office compensation packages. According to the NLRF, 1,939 land tenants in Banke, 1,139 in Bardiya and 212 in Surkhet currently claim ownership of the land they have been working. However, due to ambiguities in the Land Reform Act10 the process of land allocation for tenants was stopped in 2007. Local administration in Kailali District continues efforts to free Kamlari girls The DAO of Kailali District (Far Western Region) is reportedly planning to hold a District Kamlari Rehabilitation Committee