Dear friends,
The Asian Human Rights Commission (AHRC) is concerned at receiving information of yet another case of discrimination against Dalits in Nepal. A number of Dalits were beaten up and forbidden to enter the village temple in northwest Ajagaibi Village Development Committee, Rautahat district on 28 January 2004. Furthermore, at the village panchayat meeting on the following day, it was decided that the victims should pay a Rs. 1000 fine, to “purify the temple.”
AHRC notes that acts of discrimination against Dalits occur with disturbing consistency, without the perpetrators being punished or redress offered to the victims. Such discrimination is in violation of both domestic and international law. Your urgent action is required to urge the Government of Nepal to take immediate measures against caste discrimination.
Urgent Appeals Desk
Asian Human Rights Commission
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CASE DETAILS:
Names of victims:
Shubhanarayan Mahara Chamar, Jayamangal Mahara Chamar, Sukhdi
Mahara Chamar, Sukhdi Mahara Chamar and family members
Place: Maisthan temple, northwest Ajagaibi VDC, Rautahat district, Nepal
Names of perpetrators: Kashi Raut Kurmi and others
On 28 January 2004 Shubhanarayan Mahara Chamar, Jayamangal Mahara Chamar, Sukhdi
Mahara Chamar, Sukhdi Mahara Chamar and their family members were beaten up as they were entering the local Maisthan temple. “The former president of the village development committee, Kashi Raut Kurmi, his cronies and other people from the so called high caste propel stopped us from entering the temple and beat us up,” said Jayamangal Mahara Chamar. “According to these high caste people, low caste people do not have the right of access to the temple.”
Jayamangal had given a bhaakal (promise made to offer something) to visit Maisthan for his wife and son’s health. As both enjoyed good health, he along with his family had decided to fulfill his bhaakal on January 28. But Kurmi, Nepali Congress activists and other high caste people prevented him from fulfilling his promise. Jayamangal said that Kurmi and his supporters had taken away and destroyed their worship materials- cups, nanglo (worshiping tray), watches, lighters, fruit and lamp in the temple premises.
As a result, a huge conflict had issued in the village in the name of caste. A panchayat was held a day after the incident, which decided that the Chamars should pay the fine of Rs.1000 “to purify the temple.” However, the Chief District Officer of Rautahat, Mohan Prasad Acharya has said a complaint has not been registered yet.
Even though the caste system was officially abolished in 1963 and the 1990 Nepalese Constitution rejects caste-ism and untouchability, and makes their practice an offence punishable by law, only rarely is this law enforced. The Nepalese government has also endorsed and ratified the UN Convention on the Elimination of All Forms of Racial Discrimination on 30 January 1971. However, the Nepalese government has failed to implement these laws to protect the rights of Dalits. On the contrary, the state and law enforcement officers like police have frequently broken the law themselves.
SUGGESTED ACTION:
Please write a letter, fax or email to the authorities below expressing your concern at this situation.
1. Hon. Surya Bahadur Thapa
Prime Minister
Office of the Prime Minister
Singha Durbar, Kathmandu,
NEPAL
Tel: +977 1 228555 or 227955
Fax: +977 1 4 227 765 / +977 1 227286
Email: hmg@es.wlink.com.np
2. Mr. Padam Singh Bishwokarma
Chair Person
National Dalit Commission
Thapathali, Kathmandu
NEPAL
Phone: 977-1-4245 325, 4245 919
Fax: 977-1-4229236
Email: ndc@mos.com.np
3. 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: +977 1 5 547 973
Email: nhrc@ntc.net.np
4. Mr. Shyam Bhakta Thapa
Inspector General of Police
Police Headquarters, GPO Box 407,
Naxal, Kathmandu
NEPAL
Fax: +977 1 441 55 93 or 1 4415594
5. H.E. Gyan Chandra Acharya
Ambassador to the United Nations
Permanent Mission of the Kingdom of Nepal,
81 rue de la Servette, 1201 Geneva
SWITZERLAND
Fax: +4122 7332722
E-mail: mission.nepal@ties.itu.int
6. 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
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
RE: Dalits beaten up and forbidden to enter village temple
I am writing in concern at the treatment of Dalits in Nepal. I received information about a Dalit family being beaten up and forbidden entry into a temple by so called higher caste individuals. Furthermore, the victims are now being asked to pay a fine of Rs. 1000 to “purify the temple.”
On 28 January 2004 Shubhanarayan Mahara Chamar, Jayamangal Mahara Chamar, Sukhdi
Mahara Chamar, Sukhdi Mahara Chamar and their family members attempted to enter the local Maisthan temple in northwest Ajagaibi VDC, Rautahat district, Nepal. However, the former president of the Village development committee, Kashi Raut Kurmi, his cronies and other people from the higher caste stopped them from entering the temple and beat them. Jayamangal Mahara Chamar said that, “According to these high caste people, low caste people do not have the right of access to the temple.”
The caste system in Nepal was officially abolished in 1963 and the 1990 Nepalese Constitution rejects caste-ism and untouchability, and makes their practice an offence punishable by law. The Nepalese government has also endorsed and ratified the UN Convention on the Elimination of All Forms of Racial Discrimination on 30 January 1971. Therefore, I urge you to order the immediate investigation of this case, with the perpetrators being brought to justice and the safety of the victims’ family ensured. The local district administration must take up this case seriously. While the Chief District Officer has said no complaint has yet been made about this case, it must be realized that Dalits fear police brutality, and in most cases state and law enforcement officials are themselves guilty of breaking the law.
I further urge the Nepalese government to take strong measures to implement the UN Convention on the Elimination of All Forms of Racial Discrimination into domestic law. The Nepalese government should create all possible and speedy mechanisms to abolish caste discrimination in Nepal.
Yours truly
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Urgent Appeals Desk
Asian Human Rights Commission
