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NEPAL: A ban imposed on the Dalit community in Bhagawatpur village by the upper caste villagers

September 15, 2004

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

16 September 2004
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UA-119-2004: NEPAL: A ban imposed on the Dalit community in Bhagawatpur village by the upper caste villagers

NEPAL: Discrimination against Dalits; Untouchables; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by the ban on the Chamar Dalit community in Bhagawatpur-9 village by the upper caste villagers imposed since 6 September 2004. This situation arose following the decision of Chamar Dalits in the village calling for their social status and rights not to remove carcasses from the area on September 5. However, upper caste villagers reacted to this decision by banning thirty-five families of Chamar Dalits from using public facilities from September 6 onwards. It was reported that about 200 Dalits in the village are not allowed to purchase supplies from grocery and medical stores, to use the village pond they had been using for ages, or even to feed their domestic animals in the public field.

To add insult to injury, employers have sacked Dalits from their jobs and about 20 Dalits lost their jobs as a result. This discriminative action taken by the upper caste people seriously put the lives of Dalits in danger as their daily labour is their only means of support for their families. Despite the Dalits' complaint to the Chief District Officer in Rajbiraj, the police have not taken serious action to protect their rights. Your urgent action is required to pressure the government of Nepal to intervene into this matter and protect rights of Dalits immediately.  

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

The victims: 204 Chamar Dalits from 35 families in Bhagawatpur village
Address of the victims: Bhagwatpur-9, Rajbiraj, Saptari District 
Alleged perpetrators: 1) Baidhyanath Mandal, a former chairman of the Bhagwatpur Village Development Committee, 2) Rajendra Mandal, 3) Pratham Lal Mandal, 4) Harihar Mandal, a former chairman of the Bhagwatpur Village Development Committee before Baidhyanath Mandal, 5) Narayan Mandal, 6) Mantul Mandal, 7) Sitaram Mandal, 8) Lal Prasad Mandal, 9) Ram Krishna Mandal (from 1 to 9 are main perpetrators who are landlords or influential figures in the village), 10) Many other upper caste villagers
Period of blockade: Since 7:00pm of 6 September 2004

Account of the incident:

Thirty-five families of Chamar Dalits in Bhagwatpur-9 village have been suffering at the hands of the so-called "upper caste" people who have outlawed them from using public facilities since 6 September 2004. 

All the community of Chamar (a kind of Dalit) in Nepal has been making a nationwide campain to promote human rights and social status of Dalits in the society. As a part of campaign, they have encouraged the Chamar community not to remove carcasses which was regarded as their traditional work in the society for a long time. To assert social status and rights, on 5 September 2004 the Charmar Dalits of Bhagwatpur-9 also decided to stop cleaning carcasses from the area onwards.

This decision made upper caste people in the village angry. On September 6, Baidhyanath Mandal, a former chairman of the Bagwatpur Village Development Committee, called a meeting at Shri Janata Secondary School in Bhagawatpur and many upper caste villagers attended the meeting. Among them, the landlords or influential figures of the village, Baidhyanath Mandal, Rajendra Mandal, Pratham Lal Mandal, Hari Mandal, Narayan Mandal, Mantun Mandal and Sitaram Mandal, were also presented. At the meeting, the upper caste villagers decided to impose a ban on all these Chamar Dalits to enter and use any public places.   

According to their decision, Chamar Dalits in the village are not allowed to buy any goods. They are not allowed to purchase supplies from grocery and medical stores; they are not allowed to use the village pond they had been using for ages; they are not even allowed to feed their domestic animals in the public field. If any of Dalits violates this blockade, they are punished by the upper caste villagers. Devnath Ram, an aggrieved Dalit stated, "They have threatened to fine us Rs 1,151 (about US$ 16.5) if we were found using any of the public facilities in the village." The meeting also decided that if any person sell goods or speak to the Dalits, they would also be fined Rs 1,151. Baidhyanath Mandal appointed Rajendra Mandal, Pratham Lal Mandal and Hari Mandal as responsible persons to watch the practice of this decision and to inform if anyone violates this new regulation in the village. 204 Chamar Dalts belonging to 35 families are suffering from this unlawful and discriminative ban on them since 7:00pm of September 6.  

To add insult to injury, employers have sacked Dalits from their jobs. 20 Dalits lost their jobs due to this imposed ban and it is threatening their lives as their daily labour is their only means of support for their families. The AHRC has received 13 names out of these 20 people. They are Ram Kishun Ram, Shiba Ram, Kailu Ram, Sebak Ram, Muneshwar Ram, Shiba Narayan Ram, Rameshwar Ram, Phagu Ram, Ramji Ram, Sinheshwor Ram, Ramcharan Ram, Kalar Ram and Sita Ram. In addition, a Dalit boy named Bjaya Kumr Ram, the student of grade 4 in Shri Janata Lower Secondary School, reported that his teacher Mr. Manoj Mandal forced him to leave the school immediately saying that he was a Dalit so he is not allowed to come to study at the school.

Charmar Dalits issued a press release against this imposed ban in the village. On September 12, the Dalits also filed a complaint (case no. 67/61-5-28) against this ban and asked the Chief District Officer (C.D.O.) Mr. Ananda Raj Pokharel in Rajbiraj, to take action. However, the C.D.O. did now show any interest in this matter. On September 13, about 1,000 people including the victims, other Dalit groups and human rights activisits held a protest in front of the C.D.O's office calling for an immediate intervention into this matter and ensuring the security of the victims. But C.D.O. called the police and scolded the protest participants and dispersed them.

The last information the AHRC has received is that the police arrested five alleged perpetrators, Harihar Mandal, Mantul Mandal, Lal Prasad Mandal, Ram Krishna Mandal, and Rajendra Mandal, on September 14 after being pressured by the people. However, the Chamar Dalits in the Bhagwatpur-9 village worry that as these Mandal (upper caste) people are rich and landlords of the village, the police might take these powerful people's side and would not deliver the justice to them as usual and they would have to face grave problems to deal with their lives in the village. 

AHRC is gravely concerned by this outlaw discriminative ban on the Chamar Dalits in the Bhagwatpur village. Article 11(4) of the Constitution of Nepal clearly states, "No person shall, on the basis of caste, be discriminated against as untouchable, be denied access to any public place, or be deprived of the use of public utilities. Any contravention of this provision shall be punishable by law." In addition, Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination, which Nepal is a state party, states, "In compliance with the fundamental obligations laid down in article 2 of this Convention, State Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law."
 
However, despite these provisions, the practice of untouchability remains rampant, and the perpetrators in most cases are not prosecuted. It illustrates that the government of Nepal has failed to implement measures that might significantly contribute to ending the discrimination against Dalits, and seeing Article 11 of the Constitution enforced.

AHRC strongly urges the government of Nepal to immediately intervene into this mater and protect rights of the Dalits. All the responsible perpetrators must be brought to justice without delay. AHRC also urges the government of Nepal to take appropriate action to ensure the security of the victims. The Government of Nepal should implement all the possible measures to enforce Article 11 of its Constitution to put an end to the inhuman caste discrimination in Nepal.

SUGGESTED ACTION:
Please send a letter, fax or an email to the addresses below and express your deep concern about this serious case.

Sample letter:

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Dear Sir,

Re: NEPAL: A outlaw ban imposed on the Dalit community in Bhagawatpur village by the upper caste villagers

The victims: 204 Chamar Dalits from 35 families in Bhagawatpur village
Address of the victims: Bhagwatpur-9, Rajbiraj, Saptari District 
Alleged perpetrators: 1) Baidhyanath Mandal, a former chairman of the Bhagwatpur Village Development Committee, 2) Rajendra Mandal, 3) Pratham Lal Mandal, 4) Harihar Mandal, a former chairman of the Bhagwatpur Village Development Committee before Baidhyanath Mandal, 5) Narayan Mandal, 6) Mantul Mandal, 7) Sitaram Mandal, 8) Lal Prasad Mandal, 9) Ram Krishna Mandal (from 1 to 9 are main perpetrators who are landlords or influential figures in the village), 10) Many other upper caste villagers
Period of blockade: Since 7:00pm of 6 September 2004

I am writing to bring to your urgent attention the discriminative ban imposed on the Chamar Dalit community in Bhagawatpur-9 village by the upper caste people since 6 September 2004.

According to the information I have received, this situation arose following the decision of Chamar Dalits not to remove carcasses from the area on September 5 in order to assert their rights and social status. However, upper caste villagers reacted to this decision by banning thirty-five families of Chamar Dalits from using public facilities from September 6 onwards.
About 200 Dalits in the village are suffering this outlaw ban imposed on them. Furthermore, it was reported that employers have sacked Dalits from their jobs and 20 Dalits were fired as a result. It is threatening their lives as their daily labour is their only means of support for their family. Despite the Dalits' complaint to the Chief District Officer in Rajbiraj, the police have not taken serious action to protect their rights.

Article 11(4) of the Constitution of Nepal clearly states, "No person shall, on the basis of caste, be discriminated against as untouchable, be denied access to any public place, or be deprived of the use of public utilities. Any contravention of this provision shall be punishable by law." Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination, which Nepal is a state party, also states, "In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law." Therefore, the ban enforced by the upper caste people on the Dalits in Bhagawatpur-9 village is totally wrongful.

I strongly urge you to intervene into this matter immediately and take prompt action to protect rights of Dalits. I also urge you to order an thorough investigation of this case and bring the responsible persons to justice according to the 1990 Nepalese Constitution, which rejects caste-ism and untouchability. I further urge you to ensure full security to the victims while the investigation is going on. The victims should be compensated. Lastly, I request the government of Nepal to take strong measures to implement Article 11 of its Constitution and UN Convention on the Elimination of All Forms of Racial Discrimination into domestic law to put an end to the inhuman practice of caste discrimination in Nepal.

Sincerely yours


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Send a letter to:

1. Mr. Anand Raj Pokharel
Chief District Officer (C.D.O.)
Rajbiraj, Saptari
NEPAL
Tel: +977-31-520624 (O) /520073 (R)
Fax: +977-31-520624

2.  Shyam Bhakta Thapa
Inspector General of Police (IGP)
Police Head Quarter
Maharajganj, Kathmandu
NEPAL
Tel: +977 14 412432/412737 (Direct), +977 14 414985 (R)
Fax. +977 14 415593

3. Mr. Sher Bahdur Deuba
Prime Minister
Office of the Prime Minister
Singha Durbar, Kathmandu
NEPAL
Tel: +977 1 228555 or 227955
Fax: +977 1 4 227286/227765

4. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
Nepal
Tel: +977 1 5 547 974 or 525 659 or 547 975
Fax: +9771 5 547 973
Email: nhrc@ntc.net.np

5. Mr. Doudou Diene
Special Rapporteur on Racism, Racial Discrimination, Xenophobia and Related Intolerance
Room 4-041
Office of the United Nations High Commissioner for Human Rights
Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: 41 22 9179271
Fax: 41 22 9179050

6. Mr. Jean Ziegler
Special Rapporteur on the Right to Food
C/o OHCHR, CH-1211
Geneva 10,
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 917 9010
 
Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-119-2004
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.