NEPAL: Deteriorating health condition of youth activists who are on second phase of indefinite hunger strike

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UAC-UAC-006-2020
ISSUES: Administration of justice, Arbitrary arrest & detention, Right to food, Right to health, Right to life, Rule of law,

 


NEPAL: Deteriorating health condition of youth activists who are on second phase of indefinite hunger strike

ISSUES: Hunger strike, Illegal arrest and detention 
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Dear Friends,

The Asian Human Rights Commission (AHRC) is bringing to your notice the deteriorating health condition of youth activists who have been conducting second phase of indefinite hunger strike from 18 July 2020. The Advocacy Forum (AF) has informed the Asian Human Rights Commission (AHRC) about the on-going indefinite hunger strike.

CASE NARRATIVE:

The Asian Human Rights Commission, together with the Advocacy Forum, is concerned about the deteriorating health condition of IIh, a youth activist, who has been staging an indefinite hunger strike ‘Satyagraha’ for the last 13 days. The second phase of the hunger strike started on 18 July 2020 as a part of the “Enough is Enough” campaign (an independent collective movement, initiated and joined by hundreds of Nepali youths around the country demanding broader accountability and transparency in the government’s response to the COVID-19 pandemic). This second phase hunger strike is a call to the government to adhere to its previous commitments and to address 15-point demands (such as an expansion of PCR testing criteria, optimum use of existing resources, contact tracing, the rectification of quarantine strategy, risk information, timely results, dignity, security and relief, transparency and accountability and so forth) for better COVID-19 response measures. To date, more than 150 youths have participated in a relay hunger strike.

The first phase hunger strike commenced on 26 June 2020 and lasted for 12 days until 7 July 2020. It ended with a 12-point agreement signed between the activists and the Government of Nepal after the Prime Minister Khadga Prasad Sharma Oli visited the activists and expressed commitment to address their demands. The 12-point agreement includes the commitments to prepare a directive relating to home quarantine within a week (from the date of the agreement); to conduct COVID-19 tests of people returning from abroad after the completion of the five-days quarantine period, and issue a home quarantine, hotel quarantine or public quarantine to them accordingly; to revise the existing directive relating to Polymerase Chain Reaction (PCR) tests; to suspend the Rapid Diagnostic Test (RDT); to protect frontline workers from all harm; to ensure that those suspected of carrying the virus have access to the rights guaranteed in the Constitution; to amend the existing directives and protocols relating to quarantine and tests in line with the Supreme Court’s orders; and to make public information about the expenses of the government against COVID-19 pandemic; among others. However, as in the past, the government of Nepal has failed to implement the promises in action agreed by the government and is paying mere lip service to fulfill their demands.

The Asian Human Rights Commission also condemns the arrest (followed by illegal detention and ill-treatment) of 5 youth activists on 29 July 2020 (and later released) from the southern gate of Singhadurbar while they were on their way to file a right to information (RTI) application before the Ministry of Home Affairs seeking transparency and accountability from the Government of Nepal on COVID-19 response.

SUGGESTED ACTION:

The AHRC urges the government of Nepal to promptly address the demands of the Satyagrahis by keeping into account their deteriorating health condition and to reaffirm citizens’ faith in the State. We further urge the concerned stakeholders to resolve the problems through dialogue and negotiations.

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SAMPLE LETTER

NEPAL: Deteriorating health condition of youth activists who are on second phase of indefinite hunger strike

Name of victims: Youth activists including IIh

Name of alleged perpetrators: Government of Nepal

Date of incident: 18 July 2020 to the present

Place of incident: Kathmandu, Nepal

I am writing to voice my deep concern regarding the deteriorating health condition of IIh, a youth activist, who has been staging an indefinite hunger strike ‘Satyagraha’ for the last 13 days. The second phase of the hunger strike started on 18 July 2020 as a part of the “Enough is Enough” campaign (an independent collective movement, initiated and joined by hundreds of Nepali youths around the country demanding broader accountability and transparency in the government’s response to the COVID-19 pandemic). This second phase hunger strike is a call to the government to adhere to its previous commitments and to address 15-point demands (such as an expansion of PCR testing criteria, optimum use of existing resources, contact tracing, the rectification of quarantine strategy, risk information, timely results, dignity, security and relief, transparency and accountability and so forth) for better COVID-19 response measures. To date, more than 150 youths have participated in a relay hunger strike.

The first phase hunger strike commenced on 26 June 2020 and lasted for 12 days until 7 July 2020. It ended with a 12-point agreement signed between the activists and the Government of Nepal after the Prime Minister Khadga Prasad Sharma Oli visited the activists and expressed commitment to address their demands. The 12-point agreement includes the commitments to prepare a directive relating to home quarantine within a week (from the date of the agreement); to conduct COVID-19 tests of people returning from abroad after the completion of the five-days quarantine period, and issue a home quarantine, hotel quarantine or public quarantine to them accordingly; to revise the existing directive relating to Polymerase Chain Reaction (PCR) tests; to suspend the Rapid Diagnostic Test (RDT); to protect frontline workers from all harm; to ensure that those suspected of carrying the virus have access to the rights guaranteed in the Constitution; to amend the existing directives and protocols relating to quarantine and tests in line with the Supreme Court’s orders; and to make public information about the expenses of the government against COVID-19 pandemic; among others. However, as in the past, the government of Nepal has failed to implement the promises in action agreed by the government and is paying mere lip service to fulfill their demands.

I also condemn the arrest (followed by illegal detention and ill-treatment) of 5 youth activists on 29 July 2020 (and later released) from the southern gate of Singhadurbar while they were on their way to file a right to information (RTI) application before the Ministry of Home Affairs seeking transparency and accountability from the Government of Nepal on COVID-19 response.

I look forward to your prompt action in this matter.

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Khadga Prasad Sharma Oli
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. Ram Bahadur Thapa ‘Badal’
Home Minister 
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. Agni Prasad Kharel
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. Mr. Shailesh Thapa Kshetri 
Inspector General of Police
Police Head Quarters 
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np

Thank you.

Urgent Appeals Program
Asian Human Rights Commission (ua@ahrc.asia)