F OCHA - Fortnightly Situation Overview

Issue No. 25, covering the period 15 -28 April 2008 , 29 April 2008 Highlights: • Constituent Assembly Election proceeds with re-polling in 12 districts and announcement of results for FPTP and PR • CPN/M wins 220 seats overall, NC 110, UML 103, and Terai based parties 81. Twenty-five parties will be represented in 601-member Assembly • Parties discuss formation of Assembly, government, constitutional questions and implementation of earlier agreements • Violence recedes, with sporadic and isolated confrontations continuing • Armed Terai groups continue activities, but limited to certain areas • Operational space normalizes after elections • Onset of summer heat leads to outbreaks of kala-azar and other diseases

CONTEXT 601 seat assembly

6 parties and independents, 2 each 6 parties, 1 each Vacant (By-election), 5 Constituent Assembly election and politics Vacant (to be appointed), 26 Rastriya Janshakti Party, 3

Nep Workers and Peasants Party, 4 , 4 Re-polling and election results Rastriya Prajatantra Party Nepal, 4 (Utd.), 5 , 7 Communist Party of Nepal (M .L.), 8 CPN (M aoists), 218

Following the 10 April elections to the Constituent Assembly Rastriya Prajatantra Party, 8 (CA), the re-polling in 12 of 75 districts was completed Sadhvawana Party, 9 according to schedule with the last constituency voting on 19 Tarai M adhes Loktantrik Party, 20 M adhesi People's Rights Forum, April. Counting in all district counting centers was completed 50 by 23 April and results were announced accordingly. CPN (U.M .L.), 103

According to the final tally, the Communist Party of NC, 109 Nepal/Maoists (CPN/M) won 120 out of the total 240 seats under First-Past the Post-System (FPTP). Based on provisional results announced so far. SPA allies underlined. (NC) came second with 37 seats followed by the CPN/Unified Marxist Leninist (UML) with 33 seats, and the Madhesi Sporadic political violence Janadhikar Forum (MJF, or MPRF) with 30 seats in that system. Together with the Terai Madhes Democratic Party Physical violence between party supporters has decreased (TMDP) and the Sadbhavana Party (SP) the parties that led the significantly after 10 April, although a number of isolated February agitation in the Terai thus won in 43 constituencies. scuffles and clashes between parties continued to be reported Several other parties also won in a small number of FPTP seats. from across the country (including Bajhang, Panchthar and Baglung). In some constituencies, such incidents hampered or Under the proportional representation (PR) system, the delayed re-polling by some days. In other places, victory rallies CPN/M won 29.28 percent of the vote, the NC and UML won triggered violent confrontations between party supporters. The 21.14 and 20.33 percent, whereas the MJF and TMDP secured newly elected CA member and Finance Minister Ram Sharan 6.32 percent and 3.16 percent of the vote respectively. The EC Mahat (NC) and several others were injured when a group of subsequently allocated 335 constituent assembly seats under Maoist supporters attacked him and his entourage in a village the PR system to all parties that received at least 23,512 votes. in Nuwakot on 14 April. Media also reported that 22 NC The CA will therefore have representation of 25 political activists were displaced from villages in Rukum district due to parties. threats from Maoist cadres.

The EC has asked the parties to submit the final names of the Senior leaders of the NC and the UML have accused the CPN/M candidates representing different quotas under the closed list of having won the election primarily due to intimidation and within seven days, i.e. by 2 May 2008. This does not yet threats. On the other hand, the numerous killings of Maoists constitute the ”final results‘ as stipulated in the Interim prior to the election have yet to be investigated. However, Constitution, which will only be announced once parties have despite allegations against each other, the major political finalised their PR representatives and the EC has signed off on parties have accepted the results of the election. these. When this is complete and the EC announces the final results of the election, the first meeting of the CA must take Political reorientation and formation of a new government place within 21 days. According to the current timetable, this would be late May. Following the news on the election results, the CPN/M has been in an positive about its success, and is widely expected to Altogether the allocation of seats for the 601-member CA lead the new government, to be formed after the convening of pending the appointment by the Council of Ministers of the CA. Notably, the CPN/M will be the strongest party, but will another 26 members looks as follows. CPN-Maoist achieved fall short of commanding a simple majority, let alone a two- 220 representative seats followed by NC with 110, CPN-UML thirds majority required for amendments to the Interim 103, MPRF 52, TMDP 20, SP 9, RPP and CPN-ML 8 each, PFN Constitution or the adoption of the new Constitution itself. 7, CPN-U 5 and others 33 seats. By-elections will be held for 5 Meanwhile, the Interim Constitution requires the government seats as several candidates have won in two constituencies to be formed on the basis of consensus among the —Seven Party (CPN/M-2, NC-1 and MPRF-2). Alliance“, i.e. the CPN/M, the NC, the UML, as well as several

OCHA Nepal Situation Overview, Issue No. 25 / 29 April 2008 1 other smaller parties. It also requires a two-thirds majority for Safety and Security changing the government. The United Nations Mission in Nepal (UNMIN) has praised the Disappointed by the results, and following the resignation of Nepal Army and Maoist People‘s Liberation Army for their role the erstwhile party leader, UML ministers in the current during the election. The temporary security force established government (Foreign Minister Sahan Pradhan, Minister for specifically for the elections, has been dissolved. Education Pradip Nepal, Minister for Agriculture Chhabi Lal Biswokarma, Minister for Tourism and Civil Aviation Prithvi Meanwhile, the activities of different Terai armed groups and Subba Gurung, Minister for General Administration Ram criminality remain a large concern, even though their impact is Chandra Yadav) have tendered their joint resignation. The localized and limited. IED explosions have continued to occur, Prime Minister, (NC) has yet to accept and other activities such as abductions, threats and extortion these and has urged the UML to reconsider. The UML is yet to have been reported. Notably, in an area in Siraha, the voter take a final decision about joining a future government. turnout on 10 April was nil, due to threats issued to the population by armed groups. Meanwhile, the NC is apparently split on whether it will join the CPN/M in a new government, as several senior leaders and On 14 April, the Nepal Army defused a bomb placed on the party factions have called for not joining the Maoists. Others premises of Damak municipality (Jhapa), which a group known have called for the fulfillment of certain conditions by the as Limbuwan Army claimed it had placed to press its demand CPN/M, such as renouncing violence, and the dissolution of for autonomy to Limbuwan region in eastern Nepal. the YCL, or the destruction or surrender of all arms held by the Maoist army before talking about cooperation. The latest talks On 21 April four persons were injured in an explosion in Gaur are reported to foresee a possible power-sharing agreement (Rautahat) at the residence of the local Chamber of Commerce between the major parties. president, which was later claimed by the Terai Cobra —on the charge of spying and not providing donation to the party“. The Interim Constitution is not precise on a number of transitional arrangements, such as the continuation of the In Birgunj (Parsa) the series of explosions continued. On 16 incumbent interim government, the formation of a new one, April, four persons including two women were injured in an and the nomination of the appointed CA members. The explosion at the office of the Federation of Nepalese Constitution is also silent about the role of the Head of State Journalists. Nobody has claimed responsibility for the incident. after the formal abolishment of the monarchy by the first CA On 19 April, an explosive detonated at the house of a session. Negotiations are being held among the three major businessman after he has reportedly refused to pay ransom to parties as well as the MJF, the largest of the Terai based parties the JTMM. On 24 April six persons were hurt in two separate to resolve the outstanding issues. explosions claimed by the Janatantrik Terai Mukti Morcha (JTMM) œPrithvi. The MJF, which will have considerable clout in the new assembly but is not included in the ”seven-party‘ formula, has The JTMM has also taken responsibility for having detonated stated that it will not join an all-party government until the bombs at three places in Rautahat district on 15 April, causing eight-point and the 22-point agreements reached with the no casualties. government are implemented. MJF leader Yadav said on 24 April that the party would launch an agitation program if the Reach of the State government disregarded his demands for a declaration of Madhesi region as one Pradesh (federal state). The situation regarding the presence of VDC secretaries and other government officials in many rural areas across the CPN/M leader , alias Chairman country remains unchanged. While most health facilities and ”Prachanda‘, has claimed that he would head the first schools have reopened as planned, development activities republican government to be formed in the near future. He and continue to be hampered by the physical absence from VDCs or other senior CPN/M leaders have repeatedly called for a the lack of agreements in the continued absence of elected local coalition government. The Maoists have also made and district bodies. The informal seven-party arrangements on considerable efforts to reassure the international community, local level are likely to be affected by the political developments business leaders and the general public of their good intentions at national level in the coming weeks. to adhere to democratic standards and the market economy (—economic revolution through the adoption of capitalism“). Operational Space and Humanitarian Access They have also called for a swift but ”respectful‘ end of the monarchy in Nepal. Most activities by I/NGOs, development programmes, staff movement that had stopped for the election period have On 24 April the UN convened a meeting between the Maoist resumed. From 15 April onwards, NGOs started their leadership and the international donor community, UNMIN programmes and staffs slowly returned VDCs in the Terai but and UN agencies, to discuss international support to Nepal's usually go back to district headquarters during the night. As per ongoing peace process. Dahal and Mahottari district information, NGOs continue to focus on the represented the CPN/M. The meeting was attended by safer and more accessible parts of the district due to the volatile ambassadors, heads of development cooperation and UN political and security situations. agencies. Ian Martin, Special Representative of the Secretary- General in Nepal, and Robert Piper, the UN Resident and HUMANITARIAN SITUATION Humanitarian Coordinator led the meeting for the UN. Focussing on his party‘s policies, Prachanda later told Protection journalists that a government led by him would implement inclusiveness, provide education and health to women and On 22 April OHCHR-Nepal Representative Richard Bennett children with a focus on Dalits. met CPN/M leader Dahal to discuss human rights issues following the CA elections. Dahal leader stressed the Party‘s commitment to inclusion and working to end longstanding

OCHA Nepal Situation Overview, Issue No. 25 / 29 April 2008 2 discrimination of women and marginalized communities. On 18 April, the National Centre for Children at Risk (NCCR) Within the framework of the Comprehensive Peace Agreement released statistics that showed that as many as four children on (CPA) and related agreements, Dahal reaffirmed the CPN-M‘s an average go missing each day in Kathmandu Valley. NCCR commitment to the establishment of a Truth and also stated that about 28 to 33 children are reported missing in Reconciliation Commission and a Commission of Inquiry into a week from various parts of Kathmandu Valley. Statistics Disappearances. He also welcomed OHCHR‘s continued showed that of the over 3,000 children, including 1,000 from assistance vis-à-vis the human rights elements of the peace outside Kathmandu Valley, that had gone missing in the past process. one year, only about 1,700 children were later found, while some 500 cases were unaccounted for. The CPN-M leader acknowledged the Representative‘s concerns about violence and intimidation committed by some Internally displaced persons (IDPs) and refugees CPN-M cadres during the elections process and was informed about OHCHR‘s investigations into the killings of CPN-M While a number of reports indicated that the number of cadres in Dang. The Representative also emphasized the issue returnees to former conflict areas continues to increase slowly, of judicial accountability for past and ongoing human rights other reports warned of trends of new displacement due to violations. political disagreements, and resistance against further returns. Protracted IDP situations such as Kapilvastu and Haripur also On 25 April, the government decided to provide Rs 100,000 saw no improvement, or can be expected to change any time (ca. US $ 1,550) as compensation to families of each of 13,246 soon. people who were either killed by the Maoists or the security personnel during the decade-long conflict. From 23-24 April, OCHA conducted a second rapid assessment of the vulnerable community in the wildlife reserve at Dhaka Tibet protests (Kanchanpur), which indicated that the conditions of the community stabilised due to warmer weather conditions and Protests by small groups of Tibetan activists have continued on there were no further reports of excess mortality. Health an almost daily basis, primarily near the Chinese embassy and services are reportedly being provided to the community, the UN. including medicine distribution, immunisation campaigns for Vitamin A and de-worming. The longer term conditions of the 128 were reportedly arrested on 15 April in front of a Chinese community depend on the authorities‘ fulfilment of its embassy building, while on 16 April, about 116 Tibetan commitment to resolve their outstanding compensation and protesters, many of them young monks and women, were land issues. arrested. On 17 April, the number of arrests was around 500. All were reportedly released after some hours. On 21 April, Education 50 Tibetans demonstrated near the UN House before being dispersed by police. In the most egregious security breach so Public schools reopened on schedule across the country, after far, on 22 April nine Tibetan protesters entered the UN the final examinations, school holidays and closure during the compound in Lalitpur to deliver an appeal. It was the second election period. Most teachers who had been involved in time in a month that Tibetan protesters had succeeded in electoral duties have returned to their posts on time, except gaining unauthorized entrance to compound. Earlier that day, where re-polling delayed the process. In extremely remote police said over 50 protesters were held near a Chinese areas, the return was also delayed. embassy building. The Ministry of Education and Sports has launched a door-to- The Nepalese Home Ministry also said on 22 April that door campaign from April 27 to May 7 to increase the appropriate security measures had been adopted to prevent enrolment of students at the primary level. The campaign is a any untoward incident taking place on Nepali soil in part of the government‘s initiative to ensure education for all by connection with China lighting the Olympic torch on Mt 2015. Everest. In a press statement today, the ministry dismissed news reports that its security personnel had been issued shoot- Food security at-sight orders to prevent anti-China activities from taking place on Nepali soil. In its latest Food Security Monitoring and Analysis System - Crop Situation Update WFP stated that communities in the Children Hills and Mountains of the Far- and Mid-Western Development Regions face a serious threat to food insecurity due to poor The UN has released the second Report of the Secretary- winter crop production (20-40 percent crop loss). This, coupled General on children and armed conflict in Nepal with rising food prices and high rates of poverty and (S/2008/259), pursuant to Security Council resolution 1612 malnutrition in these areas, places the population at high risk. (2005). It covers the period from 1 October 2006 to 31 The situation is likely to become more severe as of June when December 2007. The report indicates that although grave households will have depleted their wheat stocks and become violations of children‘s rights have decreased significantly since dependent on markets for their food supply. the signing of the CPA, violations against children have not ceased. It notes that substantial numbers of children were With reports of the global food crisis increasing, the recruited by the CPN/M prior to the signing of the ceasefire government has announced restrictions on exports of cereals agreement and moved into cantonments. No progress has been including rice with immediate effect. The customs points at the achieved in securing their formal discharge although many international border would be instructed to monitor the ban. have been released informally. The report also notes that social unrest in the Terai region has created new risks for children, Reports from Taplejung in the North East say villagers along including recruitment to armed groups or political parties. In the border with Tibet have been facing food shortages after the particular, the report highlights the increasing use of children Chinese authorities closed the border last month. Villagers in political demonstrations, strikes and blockades. there largely depend markets in Tibet, bringing in food on yaks. Similarly, reports from mid-western district of Kalikot say that

OCHA Nepal Situation Overview, Issue No. 25 / 29 April 2008 3 stocks have exhausted and there is no possibility of immediate supply of food grains.

On 22 April, the Nepal Oil Corporation decided to reduce the supply of diesel and kerosene to the distributors by 25 per cent, citing surging price of oil in the international markets and its growing losses due to subsidy on imported fuel as the reason to reduce the fuel supply. The NOC says it is incurring a monthly Infected sandflies carry the kala-azar parasite. Photo: WHO loss of almost Rs 1.35 billion. Demand for fuel is said to have increased by 10 per cent over the last one year. Most health posts that had been temporarily closed during the election have reopened. The number of reports on negative Shelter, reconstruction and disaster preparedness effects of the interruption of service was moderate, even though the consequences for number of individuals were quite serious. Relief and reconstruction organisations are experiencing varying degrees of impacts on their activities due to in some Media have recently reported an increase in violence, including cases heavily increased material and petrol costs on the local an abduction of two persons, as a result of a lack of available of market, such as steel rods, cement, tin sheeting, non-food- medical services and drugs supplies. items (NFIs), wood products and tools. Some organisations stated that the increased supplies far exceed approved budgets. Avian Influenza This is attributed to a lack of available supplies in the Terai region to meet the demands locally or regionally. The increase To date no outbreak has been reported in Nepal. As per the in the costs of supplies deters organisations from procuring assessment of the FAO‘s Crisis Management Centre mission, NFIs for stockpiling or other preparedness initiatives. the highest risk of avian influenza entry into the country emanates from the Indian commercial and backyard poultry With rising temperatures and persistently dry conditions, the sector. Although Nepal has banned imports of all poultry- number of fires has increased considerably across the country, related products from after the recent outbreak in West often affecting poor households living in crammed houses Bengal, the risk of illegal trade and smuggling persists. The made of highly flammable materials. Dozens of families have government is updating its contingency and strategic plans for thus been deprived of shelter. Assistance is normally provided an Avian Influenza outbreak with the technical assistance of by local authorities or the Red Cross. FAO.

Health COORDINATION

According to media reports, the people of Taiwan Basti at On 31 May 2007, the government and the UN signed a model Hariown (Sarlahi) are affected by an outbreak of kala-azar, a agreement to expedite the import, export and transit of deadly disease caused by unicellular parasites, transmitted to humanitarian consignments, personnel and their possessions humans by the bite of infected female sandfly. The cumulative in the event of disasters and emergencies. In order to support figure for the last year shows at least 75 people of the village the development of a detailed implementation plan a mission suffered from the disease. Two days after the first media from UNJLC (Rome) and OCHA Geneva visited Nepal from 21 reports, DHO Sarlahi sent a team with test kits and medicines, to 25 April. used for screening and diagnosis of the suspected cases. The investigation is on-going. Altogether 43 suspected cases have The agreement is applicable for UN agencies and implementing been referred to the district hospital for confirmatory diagnosis partners of humanitarian aid (NGOs and other humanitarian and treatment. An MSF team visited Taiwan on April 23. agencies). The government is in the process of finalizing the The Ministry of Health‘s Epidemiology and Disease Control Implementation Plan with the technical support from OCHA. Division (EDCD) has also deployed a team to the affected villages for investigation and management. While the UPCOMING EVENTS immediate situation has been brought under control, the risk of kala azar spreading in the area remains a challenge to health - IASC meeting scheduled for 29 April, at 2:30 pm at the UN services. Conference Room (contact: Aditee Maskey, OCHA) - IDP coordination meeting (Eastern Region), 30 April at Most of those affected by the disease are too poor to afford OCHA Biratnagar office (contact Marion Roche, OCHA). treatment in a hospital or set up base in Malangawa, the - IASC DMT, 2 May (contact: Bret Bestic, OCHA) district headquarters. Notably, while health services at health - Contact Group, 7 May, 2:30 - 4 pm at the UN Conference posts are free due to the government‘s policy, they are not at Room (contact: Aditee Maskey, OCHA) hospitals, where kala-azar treatment is available. Many of the - Workshop on CAP Mid Year Review, (tent.), 28 May afflicted persons in Taiwan Basti have been selling off their cattle and other livestock to collect money for treatment.

Disclaimer: The information in this report is consolidated from media, UN, NGO, and other humanitarian partners, subject to availability of data. Although OCHA aims to confirm reports independently, occasional factual inaccuracies can occur. For inputs, questions or comments please contact: Marcus Brand, Humanitarian Affairs Analyst on ph. 98418 29420, [email protected]

Wendy Cue, Head of Office OCHA Nepal Tel. +977 (1) 559-2311 [email protected] Visit the Nepal Information Platform at http://www.un.org.np

OCHA Nepal Situation Overview, Issue No. 25 / 29 April 2008 4