F OCHA Situation Overview

Issue No. 17, covering the period 15 August-12 September 2007

Highlights:

• Preparations for Constituent Assembly elections continues • Nationalisation of Royal assets declared by cabinet • Political realignments in main political groups • Government negotiations with different agitating groups produce mixed results • The second phase of registration of CPN-Maoist combatants continues • Janatantrik Terai Mukti Morcha (JTMM) and other groups continue to affect the ‘reach of state’ • Humanitarian and Development actors continue to face access challenges • Monsoon induced disasters continue to cause damage across the country

Kathmandu, 12 September 2007

CONTEXT

Politics and major developments

On 16 August, Janatantrik Terai Mukti Morcha (JTMM -Jwala Singh) warned Civil Servants in the Terai districts not to participate in any preparations for the Constituent Assembly (CA) election. Similarly, on 20 August, JTMM (Goit) announced in that it would boycott the CA election and launch a campaign to disrupt the planned election. On 3 September, after signing an agreement with the Government, the Chairman of the Madhesi People’s Rights Forum (MPRF) Upendra Yadav called on the Madhesi community to be united and make the CA election a success. On 4 September, a leader of the Madhesi Mukti Tigers (MMT), one of the armed groups operating in the Eastern and Central Terai regions, said in that the group was not against the CA election slated for 22 November. He also reportedly stated that the MMT is ready for talks and would lay down arms and take part in the CA election if the government agreed to a proportional representation electoral system . Nevertheless, MMT has called an indefinite bandh from 7 September.

On 18 August, UN Under-Secretary-General for Political Affairs B Lynn Pascoe arrived in Kathmandu for a two day visit. During his stay in Nepal, he met with the Prime Minister, major political party leaders, the Chief Election Commissioner, civil society leaders as well as UN Country Team representatives. Mr. Pascoe affirmed that from a technical viewpoint the CA election could go ahead and urged the political parties to support the process by creating a free, fair and transparent environment in which to conduct the election. During the reporting period, calls were also made by India, the US and UK envoys to Nepal for conducting the CA election as scheduled.

During the reporting period, the government began implementing the first phase of its security plan for the CA election. By 20 August, the Armed Police Force (APF) teams had reportedly been dispatched to 156 electoral constituencies. Similarly, on 30 August the Home Minister announced a detailed security plan for supporting the CA election that includes the deployment of 40,000 regular police as well as recruitment of an additional 70,000 temporary regular police and an additional 6,000 APF.

Different political groups continued to exert pressure on the government to fulfill certain demands prior to the conduct of the CA election. On 17 August, representatives of Dalit organizations from the ruling political parties put forward a 15-point demand to the government that included reservation of 20% of seats of the Constituent Assembly for Dalits; free education; and, giving of preference to Dalits in foreign employment and education.

On 19 August, CPN-Maoist announced 22-points of “necessary conditions” for the conduct of a “credible” CA election, and it also announced a series of protest programmes that the party intends to launch by mid-September as part of its strategy to push for the declaration of a republic prior to the CA election. Other demands by the CPN-Maoist include formation of a commission of inquiry on disappeared persons, roundtable conference of Government and all agitating sections of society including Janajatis and Madhesis, release of all political detainees, start of the process for integrating the People's Liberation Army (PLA) into the Nepal Army by forming a special cabinet committee, withdrawal of Nepal Army from the royal palaces and nationalisation of the properties of the King. Several political parties have criticized the CPN-Maoist’s planned programmes arguing that they are aimed at forestalling the CA election . CPN-Maoist top leadership subsequently threatened that the party would pull out of the interim government unless the government addresses the 22-point demand raised by the CPN-Maoist.

On 23 August, the cabinet announced that it had decided to nationalize the property belonging to the royal family and formed a five-member panel to nationalize the royal property inherited by the present king, including the property of late King Birendra and his family. The property covered by this decision reportedly includes 7 palaces and the land where they stand namely Narayanhiti,

OCHA Nepal Situation Overview, Issue No. 17/September 1

Basantapur, Patan, Bhaktapur, Gorkha, Lamjung and Nuwakot . The panel stated that it would consider nationalizing 5 other palaces and forested land as well.

During the reporting period, different political groups were reportedly engaged in power struggles within their political groups, leading to reported splits within their leadership ranks and informal talks on possible new alliances from the fall outs. On 2 September, a group within JTMM (Goit) reported that Goit had been ousted from the outfit’s leadership. Similarly on the same day, a group within MPRF informed the media that they had dismissed Upendra Yadav from being the Chairman of the party. Upendra Yadav later announced that his committee had sacked the group that claimed to have ousted him from MPRF leadership. Similarly, a group within Nepal Sabhawana Party (NSP- Anandi Devi) claimed to have sacked their party leader Anandi Devi Singh, who subsequently claimed to have suspended the party members who had purported to oust her from NSP leadership. The reporting period also saw different political groupings engaged in unity talks, notably the Nepali Congress (NC) and Nepali Congress Democratic (NC-D) politicians who promised to unite before the CA election. Another notable development was the potential alliances of Limbuwan, Khumbuwan and Tambasaling groups (political organizations of Janajatis) that continued to remain critical of the existing Government-Janajati agreements and talks of their possible alliance with CPN-Maoist or dissidents from the MPRF

The Election Commission (EC) continued preparations for the forthcoming CA election. On 19 August, the Election Commission (EC) released the election schedule and gave 5 October as the deadline for filing of papers by candidates and parties for the First Past the Post race of the election, and 30 September for the Proportional Representation race. The schedule also provides for an approximate 7 week campaign period. On 2 September, 43 domestic election observer groups were registered with the EC to monitor the upcoming CA election. Similarly, the EC requested the Ministry of Justice, Law and Parliamentary Affairs to constitute the Constituent Assembly Election Court to deal with possible complaints related to the CA election. The EC also gazetted the electoral Code of Conduct that would guide parties during preparations for the CA election. During the reporting period, the Electoral Constituency Delimitation Commission (ECDC) submitted its revised report to the Prime Minister.

Across the country, the main political parties reportedly continued with preparations for the CA election. On 25 August, the CPN - UML launched its campaign in the Kathmandu Valley with a slogan “constituent assembly election for democratic republic and sustainable peace” and asked the other main parties to support the CA election without fear of losing. CPN-UML organized similar political rallies in the Eastern Region’s Panchthar, Sankwasabha and other districts. On 5 September, the central working committee of Nepali Congress asked its election committee to draft a ‘Republican’ Manifesto as part of the party’s CA election campaign. Amid claims that the planned CA election would be a ‘drama’ unless certain conditions were met, the CPN-Maoist directed its cadres to move to the districts with their 22 point demand as part of the campaign strategy.

On 30 August, the MPRF and government reached a 22 point agreement. As per the agreement, the government will provide compensation to the families of all Madhesi activists killed during the Madhesi movement and free treatment to all injured in the movement. The government also agreed to withdraw cases against the Madhesi leaders and activists and further agreed to ensure representation of all Madhesi minority communities in all state institutions. The government and the MPRF also agreed to a federal structure with autonomous states without affecting national sovereignty and integrity. The boundaries and rights of such federal units within the state would be decided by the Constituent Assembly. The government also agreed to give national recognition to dress, language and culture of the Madhesi communities, sanction public holidays during Muslim festivals and formulate laws to protect people’s religious rights, provide free education up to primary level to Madhesis, give preferential treatment to Madhesis in education and employment and provide land to the landless within the Madhes region. The MPRF in return accepted to participate in a mixed electoral system during the forthcoming CA election and called off all its planned strike programmes

On 30 August, a cabinet meeting approved the names of 20 Ambassadors to fill Nepal’s vacant diplomatic posts. The envoys were principally nominated by the country’s main political parties and included 6 from CPN-UML, 6 from Nepali Congress, 4 nominees from the CPN-Maoist as well as a nominee from NC-D. However, the cabinet could not finalize the appointment of 27 Secretaries of various ministries and handed to task over to the Prime Minister's office

During the reporting period, the second phase of registration and verification of CPN-Maoist combatants at Division 2 Cantonment site in , Central Nepal was completed. On 4 August, registration and verification of CPN-Maoist combatants started at Surkhet cantonment site. Alongside these efforts, CPN-Maoist pressed for initiation of discussions on security sector reform that would define how the PLA would be integrated into the national Army.

Conflict and Security

On 2 September, three bombs exploded almost simultaneously in Balaju, Tripureshwor and Sundahra within the Kathmandu valley, causing the death of three people and injuring 26 others. Separate claims by two groups based in the Terai namely Terai Utthan Sangat (TUS) and Terai Army that they were responsible for the explosions could not be independently verified. However, the main political parties as well as the Home Ministry claimed that the triple blasts were the work of those who are opposed to the CA election. A cabinet meeting held one day after the triple blasts also condemned the incident and termed it a conspiracy to foil the planned CA election. Such explosions were the first of its kind to target civilians in Kathmandu since the Ceasefire was declared last year.

OCHA Nepal Situation Overview, Issue No. 17/September 2

During the reporting period, killings, abductions, demands for ransom and other forms of threats notably by factions of JTMM as well as other groups continued to be observed. Most of the reported incidents related to political differences. On 21 August, CPN- Maoist affiliated Young Communist League (YCL) reportedly abducted a local Nepali Congress leader from Chhaldipanaha of VDC in . Similarly, on 24 August JTMM (Jwala Singh) reportedly killed a Nepali Congress activist in Ramnagari VDC of . On 23 August, the JTMM (Goit) cadres are reported to have shot and seriously injured the District Vice President of People's Front Nepal (PFN) in . During the reporting period security situation in headquarters Nepalgunj remained tense following the killing of a CPN-Maoist cadre on 30 August in Indrapur VDC. CPN- Maoist reportedly organized series of protest rallies in Nepalgunj and are reported to have abducted an MPRF youth leader in connection to the killing, creating more tension between the two groups. On 1 September, the CPN-Maoist affiliated All Nepal Women’s Association-Revolutionary (ANWA-R) cadres reportedly vandalised the district office of Rastriya Prajatantra Party (RPP) in Eastern Region’s before setting ablaze the RPP official documents and flag, reportedly on claims that RPP was ‘Royalists, regressive and hatching conspiracies against making Nepal a Republic’. On 10 September, JTMM (Jwala Singh) reportedly abducted and killed a Secondary School Principal in Eastern Region’s on claims that he was campaigning for the CA election contrary to past JTMM (Jwala Singh)’s directive .

Bandhs (strikes) and blockades called by different groups for a variety of reasons, principally demands that the strike organizers desired to be met prior to the planned November CA elections continued to be observed in various parts of the country. On 20 August, terming the planned CA polls as fraudulent, JTMM (Jwala Singh) announced a month-long strike programme between 20 August and 17 September. The plans for the strike include publicity, burning effigy of leaders opposed to the Madheshi cause, ban on Nepali movies in Cinema halls, torch rallies as well as total transportation strike. On 22 August Tamang Rastriya Mukti Morcha (TRMM), jointly with the United Dalit Republican Front, a minority group fighting for equal status for low-caste minorities in Nepal announced Nepal Bandh. The Bandh which was reportedly intended to pressurize the government to recognize Tamang as an official language and to declare Nepal a Republic before the CA election had other demands including autonomy for Tamangs, federal state mechanism and investigation into the oppression of the Tamang community. Besides Kathmandu, other districts affected by the strike were Makwanpur, Sindhupalchowk, Kavrepalanchowk, Dhading, Nuwakot and Rasuwa. On 22 August, Madhesi Tigers called a 5- day bandh that severely affected life in Eastern and Central Terai districts. During the reporting period, representatives of the Badi community (originally from Mid and Far Western Regions) continued with their protest programme, with a 12- point demand to the government which included rehabilitating the Badi women from traditional sex trade practices label, permitting the Badi to live in dignity as equal citizens and reserving two seats for the Badi community in the CA election. On 23 August, in an apparent attempt reduce the intensity of strikes along the main highways; the interim parliament passed a bill banning transport strikes along the highways. The Bill authorized concerned District Administration Offices to file cases and charge fines against the organizers of such strikes.

On 3 September, protesting against the sacking of six of their colleagues, the Nepal Tanker Drivers Association started an indefinite strike in Birgunj and other locations. Prior to being called off, this strike affected the supply of Petroleum products from depots along the India-Nepal border, leading to the worsening of an already bad Petroleum products supply situation in Kathmandu and other major towns. On 26 August, a local business man was found dead near the Kamaiya camp in Geta village, . On 28 August, relatives of the deceased who suspected involvement of the freed Kamaiyas (former bonded labourers) in the death set ablaze 40 huts belonging to freed Kamaiyas, prompting escalation of tensions and arrest of some Kamaiyas. On 2 September, JTMM (Jwala Singh) is reported to have vandalized a suspected liquor outlet and issued a threat for ‘physical action’ against illicit liquor producers in Janakpur, Sindhuli District. This followed the death of 21 people who reportedly died after consuming illicit liquor in Janakpur. Similarly, in Far Western Region’s , on 19 August, YCL organized a rally to protest against the rampant use and trade in liquor in the district and demanded that Baitadi to be declared an alcohol free area. During the reporting period, the CPN-Maoist Victims Association continued pressurizing the government to among other things give them compensation over and above what would traditionally be given to other conflict victims by surrounding and blockading among other places the Ministry of Peace and Reconstruction. On 20 August, the government withdrew 59 politically linked cases pending in courts against CPN-Maoist leaders, including Prachanda and Dr. Baburam Bhattarai .

On 4 September, Deputy Commanders of the CPN-Maoist People’s Liberation Army (PLA) met the Prime Minister and submitted a 6-point memorandum, which among other things calls for improvement in the condition of the PLA cantonment sites; disbursement of salary and other benefits the government had pledged and security sector reforms that would lead to integration of PLA into Nepal Army .

Operational Space

During the reporting period, different groups, notably Madhesi Tigers as well as CPN-Maoist continued to interfere with the way development and humanitarian workers operate, especially in Eastern and Central Terai districts. On 31 August, CPN-Maoist cadres approached an INGO office in Biratnagar, and demanded 200,000 Nepali Rupees as ‘donation’. The INGO workers explained to the CPN-Maoist cadres the Basic operating Guidelines (BOG) and the CPN-Maoist subsequently left without insisting on payments.

In Sunsari District, two INGOs received telephone calls from Madhesi Tigers directing the INGOs to cease activities in the district on claims that many INGOs in the district were not transparent. On 4 September, three local partners of an INGO in Sunsari

OCHA Nepal Situation Overview, Issue No. 17/September 3

District also received letters from Madhesi Tigers directing the local partners to cease operating in the district. At a subsequent meeting between these groups and Madhesi Tigers, an agreement was reached not to interfere with the work of I/NGOs.

On 5 September, a UN vehicle was denied access at Pipara, Mahottari District by activists of Nepal Dalit Janajati Party (NDJP). NDJP activists who were enforcing an indefinite transportation strike called by the group to pressurize for representation of the Dalit and Janajati in the CA election also threatened to burn the UN vehicle if it defied their bandh in future. On 27 August, activists of the same group had stoned and denied access to another UN vehicle in Saptari District.

During the reporting period, the World Food Programme (WFP) issued two statements requesting all parties to give free access to humanitarian workers to enable fast delivery of humanitarian assistance to people affected by floods. This followed incidents where WFP trucks carrying humanitarian food assistance for flood victims in Kailali, Banke and Bardiya were obstructed by protesting groups particularly in Dang and Kailali districts in Mid and Far Western Regions.

Reach of the State

The ability of the state to deliver basic services continued to be compromised by different groups owing to abductions, threats and intimidation. On 16 August, The Nepal Electricity Authority (NEA) is reported to have closed all its revenue collection counters in Central Region’s Chautara of after CPN-Maoist asked NEA officials not to accept payments from consumers. On 21 August, CPN-Maoist cadres reportedly stopped policemen from patrolling certain villages in Western Region’s . On 25 August, the YCL reportedly started imposing levy on Nepal-Tibet cross border businessmen and local people after taking over the Rasuwagadhi Custom Office in Central Region’s under their control. Carpets, chocolates, biscuits and clothes are reportedly among the goods that YCL cadres deployed at the customs office are taking levy on. The YCL are also reportedly been registering names and addresses of the people passing through the customs point at Timure VDC, which government officials reportedly vacated during the conflict.

On 2 September the Sunsari District Committee of the JTMM (Goit) reportedly warned of ‘physical action’ against the main District Departmental Heads of various government offices based in Inaruwa for refusing to give ‘donation’. Those who were threatened included the Public Health Officer, Department of Survey, Chief Municipality engineer and the District Education Officer. The JTMM (Goit) also issued a press statement on the same day outlining a phase-wise threat for future implementation of ‘physical action’ against NGOs, leaders of various political parties and businessmen .

On 4 September, CPN-Maoist reportedly took a decision to re-start a ‘parallel justice system’ similar to the one that the CPN-Maoist disbanded last year. A meeting of the Revolutionary People's Council (RPC), one of the decision making organs of the party reportedly took the decision on claims that the common people have failed to receive justice from the current state mechanism and that action against the corrupt and criminals was required in the country.

On 4 September, the JTMM (Goit) reportedly sent out letters to VDC secretaries in Central Region’s Kapilbastu District demanding 50, 000 Nepali Rupees from each VDC Secretary and threatened consequences if the money is not paid to his faction by 6 September. On 28 August, cadres of JTMM (Jwala Singh) are reported to have abducted the VDC Secretary of Pokharbinta VDC in Eastern Region’s Siraha District. Similarly cadres of the same groups are also reported to have abducted the Secretary of Birchi Pastoka VDC in Central Region’s on 1 September on claims that the VDC Secretary had not paid taxes to the JTMM (Jwala Singh) declared “Terai Government”. On 27 August, the VDC Secretaries who had been on nationwide strike demanding security guarantees from the government suspended their strike in order to work on the CA election, even though during the reporting period, a number of them were still outside their designated working areas.

Population movement and Protection

During the reporting period, the International Rescue Committee (IRC) continued supporting safe and durable return of internally displaced persons (IDPs) in six districts of the Mid-Western Region of Nepal, through integrated assistance that strengthens protection services and improves quality of life for IDPs, returnees and other conflict-affected households. Funded by US OFDA and Stichting Vluchteling, the project collects information regarding needs of IDPs, assists them to make an informed decision to return to their district of origin, and provides essential living materials such as clothes, blankets and cooking equipment. Conflict resolution activities in the areas of return as implemented by the programme also helped the IDP families and communities to work together on joint community-driven projects that promote inclusion and tolerance building .

IRC also established a Community Information Centre (CIC) in for community members to access books, reference materials, and information related to services available in the area and how to access these services, such as citizenship cards, birth, marriage, death certificates and migration registration. The CIC also provides vulnerable groups (women, children, and migrants) information on their rights and promotes key health awareness and protection messages .

OCHA Nepal Situation Overview, Issue No. 17/September 4

School children and adults access the CIC –Courtesy IRC

During the reporting period, The Norwegian Refugee Council (NRC) opened a new office in and is due to open its fifth regional office in in mid-September. The new offices will be assisting IDPs as well as recent returnees who continue to face problems related to their displacement. To date, the problems on which NRC has most regularly provided advice include a lack of IDP’s access to essential civil documents (including birth and citizenship certificates), the inability of IDPs to access Government entitlements such as pensions and widow allowances and the seizure of IDPs land .

On 1 September, the CPN-Maoist announced during a press conference that it had returned properties to 23 people in Salyan District and that other properties would soon be returned once the CPN-Maoist finished their ‘investigation’

Children Associated with the Armed Forces and Armed Groups (CAAFAG)

In anticipation of the formal release of CAAFAG by the CPN-Maoist from the cantonment sites, IRC has prepared transit care facilities in 10 districts (5 in the Mid-western and 5 in the Eastern regions), and organized over 150 foster families, tracing staff, and 150 volunteers to support the return and reintegration of hundreds of children to their families

While waiting for the formal release IRC has registered over 500 children that have returned to their communities; and, to date has provided over 200 children with reintegration support through education, non-formal education and income generation activities and materials. IRC is a member of the CAAFAG working group chaired by UNICEF

Child with foster family- Courtesy: IRC

For floods/ landslides induced population movements, see below

NATURAL DISASTER

Floods and Landslides

During the reporting period, the Monsoon rains that started in Nepal on 10 July continued causing damage through floods and landslides. According to information released by the Ministry of Home Affairs (MOHA), as of 10 September, 185 people had been killed, majority by landslides that were triggered by the ongoing monsoon rains. The Home Ministry further listed the districts that have been most affected by landslides this year as Baglung, Gulmi, Baitadi, Darchula and Banke. Further statistics from MOHA indicate that by 10 September, the ongoing floods and landslides have affected an estimated 69, 398 families, displaced 16,273, completely destroyed 18,753 house, partially destroyed 29,335 houses and caused a total loss of 229.98 million Nepali Rupees.

OCHA Nepal Situation Overview, Issue No. 17/September 5

UNICEF, WFP and other UN agencies as well as I/NGOs continued giving support to the government efforts, especially through the Nepal Red Cross.

During the reporting period, UNICEF, WFP and Save the Children Alliance with the field support of the ( NRCS) conducted an inter- agency assessment in 13 districts to assess the impact of floods on people’s livelihoods, food security, education, health and nutrition status and to formulate appropriate short and long term responses. The Key findings of the assessment include the fact that the biggest impact of the floods was on housing, particularly those of poor communities made of bamboo, straw and mud. Crop land near rivers and in low-lying areas was also heavily affected with high or total crop losses. In other areas the standing paddy crop has benefited from the temporary immersion and an overall surplus production in these areas is expected. Vegetable production has suffered the biggest impact with prices for green-leaf vegetables having more than doubled. Other findings of the assessment mission indicate that the floods will contribute to further food insecurity to already vulnerable areas as well as having a negative impact on the nutritional status of the severely affected households.

For further information please contact: Vincent Omuga, Humanitarian Affairs Officer on 9851072870 Paul Handley, Head of Office on 9851087520.

OCHA Nepal Situation Overview, Issue No. 17/September 6