Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Jagaran Media Center (JMC) that an elderly couple who have been living in a makeshift house below the Dr. K.I. Singh bridge of Pokhara Kaski District have been forcefully thrown out by the Local Area Development Committee and members of local Mothers’ Group. The group dismantled their house before throwing them out, without any government directives. Since then, the old couple have been taking refuge in a neighbor’ house.
CASE DETAILS:
Nar Bahadur Darji and Jaisara Magar, residents of Mauja Village Development Committee (VDC) Kaski District, married 50 years ago. Due to their inter-caste marriage and poverty, the couple fled their village and came to Pokhara. In those days, they managed their lives engaging in menial jobs, and started living under the Dr. K.I. Singh bridge since 1992. There, the old couple is deprived of clean drinking water, electricity and even a toilet. Nar Bahadur used to do masonry until he lost his eyesight, and therefore stopped working. His wife washes dishes at neighbours’ places, and they use that money for survival.
On 13 February 2017 however, upon returning home after finishing her household work for a neighbor, Jaisara found her house destroyed. Earlier in 1995, Pokhara City Development Implementation Committee dispatched a letter seeking the couple to empty the place. However, one of the staff, Om Bahadur KC, took pity on them and verbally permitted the old couple to continue staying there. They have not even considered applying for a Squatter Identity Card.
There was a cleaning campaign on 8 January 2017. The committee members turned the opening door of the makeshift house towards the river claiming that the house looks dirty, and seeing that tourists might deter coming to that area. They also warned the couple to vacate the place as soon as possible.
Finally, the couple filed an application at the Municipality Office with the help of their neighbor Asima Thapa. The Municipality Office wrote a letter with clear directions ‘to stop pressuring people staying under the bridge’. After that, the Area Development Committee gave an oral assurance to build a park there, and provide a house at another place. As per the agreement, the Area Development Office built a small one-room place using block-cement. However, it was very far from the settlement, and constructed on top of a drinking water pipe. Feeling insecure as the place is far from human settlement and can be easily swept away during the monsoon season, Nar Bahadur and Jaisara decided not to move there.
Officials from the Local Area Development Committee and the Mothers’ Group arrived at around 12 PM on 13 February 2017 and dismantled the house. They threatened the local journalists, civil society members and human rights defenders when they tried to stop them from doing so. The group did not have any permission from the Municipality and the District Administration Office, and the Local Area Police Office was not aware about the incident. When onlookers telephoned the Area Police Office, the officers laughed and asked the caller to come and register a case first. The local Kamala KC posed herself as staff of the Municipality and played leadership role in destroying the makeshift house. The Municipality denied having Kamala KC as their staff.
There is a government provision that nothing can be constructed near 50 meters of the river, under which rule they dismantled the house. However, there are around 150 well-constructed houses near the river, and the committee members have done nothing against these houses.
The AHRC believes that the old couple should be prepared to move out of the place. However, it is the responsibility of the government to provide them with alternate housing. Meanwhile, the local committee members involved in throwing the couple out of their house without any government directives must face punishment. Locals who have been supporting the old couple must receive guarantee of their security as they have received threats to their lives.
SUGGESTED ACTION:
Please write letters to the following authorities calling on them to take necessary action against the committee members involved in this case. The members must be immediately suspended, and action taken against them after due investigation.
The AHRC is writing a separate letter to the UN Special Rapporteur on adequate housing as a component of the right to an adequate standard of living and the right to non-discrimination in that context, for his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: Elderly couple thrown out of their makeshift abode
Name of victims: Nar Bahadur Darji and Jaisara Magar
Alleged Perpetrators: Local Area Development Committee members, and local Mothers’ Group, Kaski District
Date of incident: 2 February 2017 to present
Place of incident: Dr. K.I. Singh Bridge, Pokhara, Kaski District
I am writing to voice my deep concern as an elderly couple who have been living in a makeshift house below the Dr. K.I. Singh bridge of Pokhara Kaski District have been forcefully thrown out by the Local Area Development Committee and members of local Mothers’ Group.
Nar Bahadur Darji and Jaisara Magar, residents of Mauja Village Development Committee (VDC) Kaski District, married 50 years ago. Due to their inter-caste marriage and poverty, the couple fled their village and came to Pokhara. In those days, they managed their lives engaging in menial jobs, and started living under the Dr. K.I. Singh bridge since 1992. There, the old couple is deprived of clean drinking water, electricity and even a toilet. Nar Bahadur used to do masonry until he lost his eyesight, and therefore stopped working. His wife washes dishes at neighbours’ places, and they use that money for survival.
On 13 February 2017 however, upon returning home after finishing her household work for a neighbor, Jaisara found her house destroyed. Earlier in 1995, Pokhara City Development Implementation Committee dispatched a letter seeking the couple to empty the place. However, one of the staff, Om Bahadur KC, took pity on them and verbally permitted the old couple to continue staying there. They have not even considered applying for a Squatter Identity Card.
There was a cleaning campaign on 8 January 2017. The committee members turned the opening door of the makeshift house towards the river claiming that the house looks dirty, and seeing that tourists might deter coming to that area. They also warned the couple to vacate the place as soon as possible.
Finally, the couple filed an application at the Municipality Office with the help of their neighbor Asima Thapa. The Municipality Office wrote a letter with clear directions ‘to stop pressuring people staying under the bridge’. After that, the Area Development Committee gave an oral assurance to build a park there, and provide a house at another place. As per the agreement, the Area Development Office built a small one-room place using block-cement. However, it was very far from the settlement, and constructed on top of a drinking water pipe. Feeling insecure as the place is far from human settlement and can be easily swept away during the monsoon season, Nar Bahadur and Jaisara decided not to move there.
Officials from the Local Area Development Committee and the Mothers’ Group arrived at around 12 PM on 13 February 2017 and dismantled the house. They threatened the local journalists, civil society members and human rights defenders when they tried to stop them from doing so. The group did not have any permission from the Municipality and the District Administration Office, and the Local Area Police Office was not aware about the incident. When onlookers telephoned the Area Police Office, the officers laughed and asked the caller to come and register a case first. The local Kamala KC posed herself as staff of the Municipality and played leadership role in destroying the makeshift house. The Municipality denied having Kamala KC as their staff.
There is a government provision that nothing can be constructed near 50 meters of the river, under which rule they dismantled the house. However, there are around 150 well-constructed houses near the river, and the committee members have done nothing against these houses.
I believe that the old couple should be prepared to move out of the place. However, it is the responsibility of the government to provide them with alternate housing. Meanwhile, the local committee members involved in throwing the couple out of their house without any government directives must face punishment. Locals who have been supporting the old couple must receive guarantee of their security as they have received threats to their lives.
I look forward to your prompt action in this matter.
Yours Sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Pushpa Kamal Dahal ‘ Prachanda’
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Durbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Bimalendra Nidhi
Home Minister of Nepal
Ministry of Home Affairs
Singh Durbar, Kathmandu
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np
3. Mr. Anupraj Sharma
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Raman Kumar Shrestha
Attorney General
Office of Attorney General
Ramshah Path, Kathmandu
NEPAL
Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneral.gov.np
5. Dr. Dinesh Chandra Pokharel
Acting Inspector General of Police
Police Head Quarters
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np
6. Mr. Sitaram Ghale
Member Secretary
National Dalit Commission
NEPAL
Fax: +977 1 5531148
Phone: +977 1 5531148
Email: info@ndc.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
