NEPAL: Threats made to human rights activists by the government 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-134-2005
ISSUES: Human rights defenders,

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the threats made to a group of human rights activists in Nepal. The first threat was made by a group of Maoists who insisted that the activists meet with them to discuss their work. When the activists refused to register with the Maoists, the latter threatened the former by saying that they were being watched. When the meeting between the Maoists and the activists became publicly known, government officials then demanded that the activists meet with them. There the activists were reprimanded for mixing with terrorists and were told that the activities were being closely monitored.  Despite the activists explaining to the government officials that they had only met with the Maoists to voice their concerns regarding their freedom of movement in villages where Maoists were based, the government officials threatened to close the operations of the activist’s organisations and said they were not to meet with the Maoists again. This is obviously not the first time that human rights defenders in Nepal have been threatened for their work, and the meeting with the Maoists in this case was only an excuse on the government’s behalf for threatening them once again.

Your intervention is required in this case. Please write to the Chief of the UN Mission in Nepal requesting him to pressure the government in this case. Human rights defenders must be free to pursue their work without fear of reprisal by the government. Thus, the government should strongly refrain from executing such threats and preventing the work of human rights defenders in the country.

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

Victims: Group of activists working in Udayapur and Biratnagar
Perpetrators:
1. Major:  Chandra Prakash Rajbansi
Triyuga Municipality ward no 1, Gaighat, Udayapur
2, Ram Kumar Subba
Zonal Administrator
Triyuga Municipality ward no 1, Udayapur, Gaighat
3. Jagadish Khadka
Regional Administrator
Dhanakuta
4. Jeevan Prasad Oli
Chief District Officer
Triyuga Municipality ward no 1, Udayapur Gaighat

Case details:

On 28 June 2005, the above mentioned group of activists were sent a message from Maoists asking for their presence at an interaction program, which the Maoists would be conducting with other political parties. The activists also received other messages asking them to attend the program so as to facilitate the release of some government officials, whom the Maoists had abducted. The activists agreed to go on the proviso that they not participate in the political agendas and issues, but rather purely to discuss human rights issues and the difficulties NGOs are facing by the Maoists in the district.

Accordingly, they attended the meeting on June 28 where other political party cadres were also present. At the meeting the activists demanded that they have unhindered access to the villages where they work and that they should be protected whilst doing this work. They also spoke about issues with regards to the settlement of internally displaced persons.

The Maoists responded to the activist’s comments by saying that they were monitoring the activities of all NGOs working in the area. This response was seen by the NGOs as a subtle threat. The Maoists also told the activists that they should be registered under the Maoist Government and that they should provide a full report to the Maoists of their activities. Though the activists agreed to submit a report of all of their work, they refused the demand by the Maoists to register with them, and soon after the activists left the program. News of this program and both side’s reaction was covered in the local paper.

On July 19, the activists received another message saying that all NGOs should meet with the Maoists Ex-Commissar the following day. The activists however, did not respond. Again, another message was received. The activists held a meeting amongst themselves and decided to attend the Maoists meeting as it would give them the opportunity to voice their concerns to the Commissar. On July 22 a meeting was held between the Maoists and the activists. Again, the Maoists demanded that all activists register with them, that they provide a progress report of their work and that a CV of all staff members and persons working within their organisations be submitted. The activists reiterated that they would provide the report, but would not register with the Maoists or provide them with CVs.

On July 26, one of the activists received a phone call from the Chief District Office (CDO) asking for him to present himself to them. The following day a similar phone call was received. The activists held a meeting to discuss this situation and decided to go to the CDO. On July 27, when the activists arrived at the office, they were met by the Chief District Officer, the Major of the barracks and a person from the Special Police Force. The activists were asked why they had met with terrorists. They immediately explained the difficult situation they were facing by the Maoists who were restricting their movements in local villages. They explained that they therefore met with the Maoists to try and solve this issue. Four of the activists were asked to provide written statements.

On July 28 the activists again received a phone call from the CDO asking them to present themselves to the office. The activists however feared detention and torture should they attend, so they refused to go. On July 31, when many human rights organisations were participating in a program in the memory of late human rights activist, Prakash kafle, the CDO again asked the activists to go to their office for further discussion. They were also informed that the regional and zonal administrator would be in attendance.

The activists asked the CDO to send a formal invitation for such a meeting. The following day they received this formal invitation for an interaction program organised by the District Development Committee. On arrival, the activists were met by army officers, police and special police officers, regional and zonal administrators and other government officials. These persons accused the activists of supporting terrorists and warned them that they were monitoring their every move. During the meeting the zonal administrator Ram Kumar Subba and the regional administrator Jagadish Khadka, spoke saying that those organisations who were against the government and the will of the King, would be closed down. The administrators also requested the security personnel present at the meeting to keep a close eye on all activists.

The activists were then told that they were not to leave the Gaighat area. Balaram Dawadi asked the Chief District Officer if he could leave as his work required it, however this request was turned down.

Following the meeting the activists continued to receive phone calls from Vulke 18 No. Army Battalion. Believing that they were at risk, the activists left Gaighat and are now residing elsewhere.

They have since come to learn that the CDO is preparing to arrest them on the charge of donating money to the Maoists.

SUGGESTED ACTION:

Please write to the Chief of the UN Mission in Nepal requesting him to pressure the government in this case.

 

 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear Mr. Martin

NEPAL: Threats made to human rights activists by the government

Victims: Group of human rights activists working in Udayapur and Biratnagar
Perpetrators: 
1. Major:  Chandra Prakash Rajbansi
Triyuga Municipality ward no 1, Gaighat, Udayapur
2, Ram Kumar Subba
Zonal Administrator 
Triyuga Municipality ward no 1, Udayapur, Gaighat
3. Jagadish Khadka 
Regional Administrator
Dhanakuta
4. Jeevan Prasad Oli
Chief District Officer
Triyuga Municipality ward no 1, Udayapur Gaighat

I write to voice my concern about threats made to a group of human rights activists by the government in Nepal. This group was initially told to attend a meeting with Maoists, where they were asked to register with the Maoists and provide a report of their workings. When the activists refused to register with the Maoists, the meeting was brought to an end.

Soon after this meeting, the activists received another message from the Maoists asking for their presence again. With much hesitation, the activists again met with the Maoist group. Again the activists were told to register with the Maoists and to submit a report of their work. They were also told to provide CVs for all staff members of their organisations. When the activists said they would only provide a report of their activities, and nothing more, the Maoists threatened them by stating that they were being watched.

News of these meetings soon became publicly known. On July 26, one of the activists received a phone call from the Chief District Office (CDO) asking for him to present himself to them. The following day a similar phone call was received. With some reluctance, the activists went to the office on July 27 and were met by the Chief District Officer, the Major of the barracks and a person from the Special Police Force. The activists were asked why they had met with terrorists. They immediately explained the difficult situation they were facing by the Maoists who were restricting their movements in local villages. They explained that they therefore met with the Maoists to try and solve this issue.

On July 28 the activists again received a phone call from the CDO asking them to present themselves to the office. The activists however feared detention and torture should they attend, so they refused to go. However, when the activists demanded and received a formal invitation to attend the meeting, they attended. On arrival, the activists were met by army officers, police and special police officers, regional and zonal administrators and other government officials. These persons accused the activists of supporting terrorists and warned them that they were monitoring their every move. During the meeting the zonal administrator Ram Kumar Subba and the regional administrator Jagadish Khadka, spoke saying that those organisations that were against the government and the will of the King, would be closed down. The administrators also requested the security personnel present at the meeting to keep a close eye on all activists.

The activists were then told that they were not to leave the Gaighat area. Balaram Dawadi asked the Chief District Officer if he could leave as his work required it, however this request was turned down.

Following the meeting the activists continued to receive phone calls from Vulke 18 No. Army Battalion. Believing that they were at risk, the activists left Gaighat and are now residing elsewhere. They have since come to learn that the CDO is preparing to arrest them on the charge of donating money to the Maoists.

In light of this I right to you seeking your intervention to pressure the government regarding this case. Human rights defenders must be free to pursue their work without fear of reprisal by the government. In this situation they felt intimidated to meet with both sides, and became subject to threats when they did so. I am sure you will be aware that this is not the first time that human rights defenders in Nepal have been threatened for their work, and the meeting with the Maoists in this case was only an excuse on the government’s behalf for threatening them once again. The government therefore, should strongly refrain from executing such threats and preventing the work of human rights defenders in the country.

Yours sincerely,


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PLEASE SEND A LETTER TO:

Mr. Ian Martin
Chief of UN Mission
Office of the United Nations High Commissioner for Human Rights- Nepal Office
UN House, Pulchowk
Kathmandu
NEPAL
Tel: (977) 1 5524 366 or 5523 200
Fax: (977) 1 5523 991 or 5523 986

PLEASE SEND COPIES TO:

1. His Majesty King Gyanendra
Narayanhity Royal Palace
Durbar Marg 
Kathmandu 
NEPAL
Tel: 977 14 413577/227577
Fax: 977 14 227395/ 411955

2. General B.A. Kumar Sharma
Human Rights Cell
Royal Nepal Army 
Singha Durbar, Kathmandu 
NEPAL
Telefax: + 977 14 245 020/226 292

3. Mr. Nain Bahadur Khatri
Chairman
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

4. Ms. Hina Jilani 
Special Representative of the Secretary General for human rights defenders 
Att: Ben Majekodunmi 
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88 
Fax: +41 22 917 9006 
E-mail: bmajekodunmi@ohchr.org

5. Mr. Ambeyi Ligabo
Special Rapporteur on the right to freedom of opinion and expression 
Att: Ms. Julie De Riviero 
Room: 3-042
C/o OHCHR-UNOG 1211
Geneva 10
SWITZERLAND 
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (general)


Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Case
Document ID : UA-134-2005
Countries : Nepal,
Issues : Human rights defenders,