DalitWatch During Summer Months of 2005

 

A random collection by Laurie Vasily

 

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AMNESTY INTERNATIONAL- PUBLIC       

AI Index: ASA 31/076/2005       
               
22 September 2005


UA 247/05        Fear for safety / Fear of torture or ill-treatment / Legal concern               

NEPAL        11 men (named below)       

On 19 September, 11 detainees were rearrested immediately after being released before the Kanchanpur District Court in the town of Mahendranagar, in western Nepal. This was the third time security forces have rearrested the group, despite repeated court orders for their release. Their whereabouts are unconfirmed and they may be at risk of torture or ill-treatment.

The 11 men - Prem Bahadur Oli, Tek Bahadur Khatri, Man Bahadur Bista, Padam Sarki, Birman Sarki, Tapta Bahadur Giri, Bir Bahadur Karki, Padam Bahadur Budha, Gagan Singh Kunwar, Dhawal Singh Bohara and Ujal Singh Dhami - were first taken into custody on 17 August 2004, while attending a mass meeting held by the Communist Party of Nepal (
CPN) (Maoist) in Kanchanpur district. The security forces broke up the meeting, arresting any participants who did not flee. The detainees, all from Jogbudha Village Development Committee in neighbouring Dadeldhura district, claim they were forced by the CPN (Maoist) to attend the meeting, and did not flee as they were not guilty of any crime.

The 11 men were initially held in incommunicado detention at the Surya Dal army barracks in Bhagatpur, Kanchanpur district, and transferred to Kanchanpur prison in November 2004. In May 2005, representatives of Amnesty International (AI) visited several of the detainees at Kanchanpur prison. AI found that Birman Sarki had severe mental disabilities, apparently as a result of torture and ill treatment during his earlier detention at the Surya Dal army barracks. He was hardly able to speak, and the scar of a serious head wound was visible. The other detainees told AI that Birman Sarki had been savagely beaten by soldiers at the barracks after expressing concerns about the safety of his wife and young children.

The
Kanchanpur Appeal Court twice ordered the release of the detainees on the grounds that the government had not provided sufficient evidence to justify their preventive detention, even under the broad terms of the Terrorist and Disruptive Activities (Control and Punishment) Ordinance (TADO).

Following the first
Appeal Court ruling, on 12 May, the detainees were taken back to Kanchanpur prison, where the security forces ordered them to sign papers stating that they had been released. However, instead of freeing the men, the security forces transferred them to the Kanchanpur Regional Police Office and subsequently obtained authorization from the Chief District Officer to again hold them in preventive detention under the provisions of TADO.

On 15 June, the
Appeal Court again ruled that their detention was illegal and that they should be released immediately. However, in an apparent show of force, some 70 security forces personnel in plain clothes waited outside the court and stood by as police took the men back to Kanchanpur prison. Fearing that the men would be re-arrested, their lawyers followed them to the prison, accompanied by journalists and other human rights defenders. Despite lawyers’ protests, the detainees were made to sign release papers and loaded into a vehicle parked outside. After security forces ordered the lawyers to leave the premises, the detainees were driven to the Kanchanpur Regional Police Office and later transferred back to the district jail.

Lawyers from the Nepal-based rights group Advocacy Forum then brought the case before the Supreme Court. On 16 September, the Supreme Court ruled that the group’s detention was illegal and ordered their release in the presence of the Kanchanpur District Court. On 19 September, police brought the detainees to the court house in three vehicles escorted by about 35 security forces personnel, waited while their release was recorded by the district court registrar, and then ordered the group to get back into the vehicles. The detainees were driven in the direction of the Kanchanpur Regional Police Office, where it is thought that they may be detained.

BACKGROUND INFORMATION
In the course of the nine-year-long internal armed conflict, Amnesty International has documented thousands of cases of arbitrary arrests, unacknowledged detentions, torture and “disappearances” at the hands of the security forces. The human rights crisis deteriorated further following the king’s seizure of power on
1 February 2005, with the security forces exercising virtually unchecked power. The practice of re-arresting those who have been freed on court order constitutes arbitrary detention, undermines the authority of the courts, and displays open contempt for the rule of law.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in Nepali or English or your own language:
- expressing concern for the safety of Prem Bahadur Oli, Tek Bahadur Khatri, Man Bahadur Bista, Padam Sarki, Birman Sarki, Tapta Bahadur Giri, Bir Bahadur Karki, Padam Bahadur Budha, Gagan Singh Kunwar, Dhawal Singh Bohara and Ujal Singh Dhami, who were re-arrested by security forces in Mahendranagar, Kanchanpur district, and may be at risk of torture or ill-treatment;
- calling on the authorities to reveal their whereabouts immediately, and urging that they be treated humanely while in custody and not tortured or ill-treated;
- calling for them to be freed immediately and unconditionally, in compliance with the repeated orders for their release issued by the Appeal Court in Kanchanpur and by the Supreme Court;
- calling on the authorities to grant them immediate access to their relatives, lawyers, and any medical attention they may need;
- calling on the government to instruct relevant law enforcement agencies to halt immediately the practice of re-arresting those who have been released on the order of a judge.

APPEALS TO:
Minister Dan Bahadur Shahi
Ministry of Home Affairs
Singha Durbar, Kathmandu, Nepal
Fax:                 + 977 1 4211 232
Salutation:         Dear Minister

Minister Niranjan Thapa
Ministry of Law, Justice and Parliamentary Affairs
Singha Durbar, Kathmandu, Nepal
Fax:                 + 977 1 4220 684
Salutation:         Dear Minister

Shyam Bhakta Thapa
Inspector General of Police, Police Headquarters
GPO Box 407, Naxal, Kathmandu, Nepal
Fax:                + 977 1 4415 593
Salutation:         Dear Inspector General


Puskar Karki
Deputy Superintendent of Police
Head, Human Rights Cell
Police Headquarters, GPO Box 407, Naxal, Kathmandu, Nepal
Fax:                 + 977 1 4415 593
Salutation:  Dear Deputy Superintendent

COPIES TO: diplomatic representatives of Nepal accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after
3 November 2005.

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Call to include Pode, Chyame in the list of Dalits
 
Himalayan News Service
Kathmandu, September 23:

The Society for the Liberation of Oppressed Dalit Castes,
Nepal, has urged the National Dalit Commission (NDC) to include Pode (Deula) and Chyame (Chyamakhal), two oppressed castes in the Newar community, in the list of the Dalit community. A central member and general secretary of the SLODCN, Ram Krishna Deula (Pode) and Binod Pahadi, wrote to the Dalit commission to include the two Newar communities in the list. Deula said a section of the Newar community has called on them not to include them in the list of Dalits claiming there is no discrimination within the Newar community. The claims may hold true only for some rich Deulas,he said, calling on the government to help the poor Deulas and Chyames by providing reservation and other facilities.
He said if they are not included in the Dalitslist they wont receive any facilities provided by the government for the two deprived communities. The president of the
NDC, Bhagwat Biswasi, said the commission would consider the demand in the next meeting and make a decision after conducting a thorough study on the matter. This is the first application we have received demanding the inclusion of Deula and Chyame communities from the Janajati group in the list of Dalits,he said. Biswasi added that the commission has received another application from an individual demanding not to include the groups in the Dalitslist. The case has become further complicated, the National Dalit Commission president further said. While the president of a federation of Newari organisations, Newa Deya Dabu, Malla K Sundar, said it was a mere intervention in the affairs of the Newar community. We have already settled the dispute after holding discussions within the community and also with the NDC,he said.
He added that members of the communities, including Pode, Chyame, Khadgi, Dhobi and Kusle, had gone to the
NDC to remove their castes from the Dalit list. Stating that the community has been deprived socially, politically and economically for centuries, Deula said the state should provide reservation and other benefits.

Source: http://www.thehimalayantimes.com/fullstory.asp?dtSiteDate=20050924&filename=aCXatKscqzqea2Ua9qa7HNamal&folder=aCXatK&Name=City&sImageCaption=&sImageFile=&HidPath=aATaoanlaNaeaw2a/a2Ta0pa/Va9a/a2pg

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Dalits having hard time renting houses
 
Himalayan News Service
Kathmandu, September 23:

Dalits living in
Kathmandu have long been facing the problem of renting a decent house. With the governments fiat to the house owners and tenants to submit their personal details to the police, the problem has only exacerbated, said the participants of a programme organised today by Jagaran Media Centre (JMC), a non-government organisation working for the uplift of dalits. The dalits expressed their sadness at having to lie about their true identity to get a house on rent as the tenants prefer not to rent their houses to dalits, they said. The dalits have come out following the government fiat as they can no longer hide their identity with the strict identity requirements that require the tenants to furnish their real identities to the police.
Khin Maya Rasaili, a dalit, who had been sharing a room with her classmate, was humiliated and thrown out of the room when her friend found out she was a dalit, Rasaili said at the programme. Another student staying at Bagbazaar said his house owner threw him out the day he submitted his citizenship certificate to him. Most of the participants shared similar stories of shame and humiliation following the government decision.

http://www.thehimalayantimes.com/fullstory.asp?dtSiteDate=20050924&filename=aCXatKsbxzqea2Ua9qa8HNamal&folder=aCXatK&Name=City&sImageCaption=&sImageFile=&HidPath=aATaoanlaNaeaw2a/a2Ta0pa/Va9a/a2pg

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DALIT QUESTION IN HOLLYWOOD

The Dalit Freedom Network held a seminar on caste and Dalits at
Los Angeles on 14 September, 2005. It was held in sprawling house of one of the famous producers of Hollywood. The seminar was unbelievably attended by more than hundred producers, directors, actors, script writers, talk show anchors. Nanci Ricks the Executive Director of the DNF presented a video show of facts about the history of caste the number of people got locked in Indian tribalism, untouchability, Sudra life and made a force plea for liberating the Dalits, tribals and OBcs through education.

Joseph Desouza the president of DNF made a forceful appeal to the
Hollywood community to help out these historically suffering masses and particularly the children as they constitute the future of the world. His major point was that the Indian caste system created a culture of Shame and guiltlessness. He compared the problem of Dalits to that African Americans. It was the feeling of guilt among the Americans that helped the African Americans. Yet the Katrina and Tsunami have comparable experiences. He requested the Hollywood to help the cause of Dalit liberarion.

Kancha Ilaiah at the end narrated the struggles of 750 millions of Dalits, tribals and OBCs and asked: Does not
Hollywood which produces a films documentaries, talk shows have no responsibility to show the world what Caste and Untouchability are? The Indian cinema industry called Bollywood never responded to the problem of untouchability and human degradation. Why should not Hollywood treat the problem of such massive human society as global problem. At the end there was very interesting question answer session  as to how to work towards eradication of caste and untouchability. This seminar is a prelude to the Washington DC seminar and Congressional Hearing on caste and untouchability on October 6.    

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Let’s talk about caste- When will ‘others’ qualify to be ‘one of us’?


By Manjushree Thapa

Even as we painstakingly wrest back the right to debate openly, caste remains a strangely under-articulated topic in political discourse today.

Many enlightened Nepalis abhor the caste system, though few have broken caste taboos in their personal lives. Still, activists have long organised ‘joint feasts’ to allow people from ‘high’ and ‘low’ castes to defy segregation. The Dalits’ rights movement is gaining pace despite elite resistance. Thousands of Nepalis across the country have even discarded their surnames to shrug off their caste identities. (Hence the proliferation of Nepalis with such surnames as ‘Sorrowful’ or ‘Inspiration’).

In the 1990 to 2002 period, the political parties had all been captured by Bahun men—who unfortunately blocked reforms on women’s, Dalits’ and Janajatis’ rights. Studies were showing Panchayat-era caste profiles to be comparatively more diverse. Even now, the political parties remain the bastions of Bahun men.

Then came the king’s October 2002 takeover. Dramatically, the Chettri caste that had monopolised power before 1990 returned. The heads of all the cabinets under King Gyanendra’s rule have been Chettris: Chand (a Thakuri sub-caste), Thapa, Deuba and Shah (also Thakuri).

A recent cover story in
Nepal magazine further reveals how narrow the absolute monarchists’ caste base is. It lists the king’s closest friends and advisers. These include: Prabhu Shamsher Jung Bahadur Rana, a childhood friend who accompanied the king to Indonesia and China. His nephew Prabhakar Shamsher Jung Bahadur Rana heads the Soaltee Group and is also close to the king. Another trusted friend is Birendra Shah, better known by his nickname ‘Lava Raja.’ He was in Pokhara with then-Prince Gyanendra during the 2001 royal massacre. Sharad Chandra Shah is Lava Raja’s nephew. He heads the Information Technology Commission but his informal powers are extensive. Another adviser, DB Rana, used to work in the Soaltee Group. Mahendra Kumar Singh, married to King Tribhuban’s daughter from out of wedlock, sustained a bullet wound at the 2001 royal massacre. Ravi Shamsher Jung Bahadur Rana and Queen Komal’s brother Suraj Shamsher Jung Bahadur Rana are also advisers to the king. Similarly close is Shanta Kumar Malla, former army chief, oversaw a five-person military inquisition into the 2001 royal massacre. Among other advisers are Sachit Shamsher Jung Bahadur Rana, Bharat Keshar Simha and Kesharjung Rayamajhi. That’s 11 Chettri men, all but one a Thakuri.

It is sometimes tempting to reduce the struggle between absolute monarchists and democrats to a struggle between Chettris and Bahuns. This would be a facile conclusion, of course. Yet the non-political sectors that embody the present democratic movement—the media, the legal profession—are also overwhelmingly composed of Bahun men.

And herein lies a lingering weakness in today’s democratic movement. Be they political parties, community or business organisations, NGOs or INGOs, or even families, the vast majority of democratic institutions remain markedly segregated—not by intention, maybe but by omission. There are apparently no ‘others’ who qualify to be ‘one of us.’ Or it is not worth the effort to reach out beyond our comfortable circles.

There is of course a difference in the ethics of absolute monarchists and democrats: the democrats’ ideals oblige them to be inclusive. And they do sincerely intend to be so but first, they just need to restore democracy.

Yet, which comes first– democratic values or democratic polity? This is a question that many Nepalis—particularly non-Chettri-Bahuns—are now asking. Absolute monarchists would say that democratic values must come first and actual democracy can follow. Democrats would say the opposite.

But the ground realities of
Nepal are better reflected in the view of Anil Bhattarai of Nepal South Asia Centre: “You cannot bring democracy first, then reduce poverty, then have awareness-building campaigns, then bring about social change. It all happens simultaneously. Look at what is happening. That is our reality.”

So, democrats: while overthrowing
Nepal’s political anachronisms, let’s also overthrow our own lingering contradictions, shall we? Let’s start by talking about caste.

 

Feudal system main cause of discrimination against Dalits: Experts

Economists and Dalit leaders have said that unless the feudal structure of the society is changed, discrimination against Dalits would not come to an end.

Speaking at Peoples Summit against Poverty and Dalit Identity organized at the Reporters Club on Monday, vice-chairman of the National Planning Commission (NPC) Shankar Sharma said, Laws alone are not sufficient to end the discrimination and exploitation of Dalits. Our feudal fabric of the society must change.

He further said the Tenth Five-year Plan has allocated nearly 45 percent of the total expenditure in poverty alleviation programs which are crucial in enhancing the socio-economic status of Dalits. The civil society, the local sector and all other concerned sides should work in tandem to end discrimination against Dalits, he opined.

The works done and the voices raised in favour of the rights of Dalits during the 12 years of multiparty democracy were significant but not sufficient due to a range of factors like inequality in the social distribution, the ongoing conflict and internal conflict amongst the Dalit communities, observed senior economist and UML leader Dr Dilli Raj Khanal.

Another speaker, Sagar Shamsher Rana, a Nepali Congress (Democratic) leader, said that establishment of National Dalit Commission is one of the significant achievements of the post-1990 in the direction of Dalit movement.

According to Moti Lal Nepali, chairperson of the program, the Hindu religious system is the root cause of discrimination against Dalits.

Dalits must have fair say in the decision-making. Otherwise, the present state of Dalits will eventually invite a massive revolution,he further said.

The program was organized by Nepal Dalit Association. nepalnews.com sg
Sept 12 05


Source: http://www.nepalnews.com/

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Disabled Dalits demand special privileges

Himalayan News Service
Kathmandu, September 3:

Disabled Dalits today demanded special privilege for them on every
facility provided by the state to the disabled people. Presenting a
concept paper at an interaction on ‘Problems of Disabled Dalits and Ways
of Solution’ organised by the National Dalit Disabled Welfare Association
(NDDWA), the association president Sher Bahadur Parki said the government
should take special care of the Dalit disabled. “Government should provide
a facility of loan without any mortgage to the disabled Dalits who want to
do income-generating works,” Parki said. He also said the government
should work to change peoples feeling towards the disabled.
NDDWA general secretary Yaduni Das said disabled people are seeking
opportunities and not sympathy. “We have already made a policy to support
the disabled Dalits,” said Gajadhar Sunar general secretary of Dalit NGO
Federation (DNF), adding, the federation would support all the programmes
of the association. Journalist Binod Pahadi criticised both the Dalit
Development Committee and the DNF for not allocating a single penny for
disabled Dalits.
“Billions of rupees are being spent in the name of Dalits, but nothing has
been done for the disabled Dalits,” he said. Admitting that nothing has
been done for the welfare of the disabled Dalits yet, Hari Gandhari, the
member secretary of the National Dalit Commission, and a disabled himself,
expressed commitment to allocate a certain amount for them in the future.

Source:
http://www.thehimalayantimes.com/fullstory.asp?dtSiteDate=20050904&filename=aCXatKsbuzqea2Ta8pa9HNamal&folder=aCXatK&Name=City&sImageCaption=&sImageFile=&HidPath=aATaoanlaNaeaw2a/a2Ta0pa/Va9a/ypg

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Himalayan Times: Financial aid for deserving Dalit students on cards

 

Renu Kshetry
Kathmandu, September 1:

Deserving students from backward communities and women may get loans and financial aid from the government to pursue studies from grade 11 to the Masters level. With the objective of providing loans and financial aid to deserving Dalit students and women, the University Grants Commission (UGC) is preparing a draft on the issue. The Ministry of Education and Sports has already given a verbal nod to our scheme,said the UGC chairman, Professor Dr Bidur Prasad Upadhyaya. The draft is awaiting a formal approval from the Education ministry.

As per the draft, one student will receive Rs 40,000 in financial aid. Similarly, a loan of Rs 10,000 will be provided to each of the deserving students. Their certificates will be withheld if they do not pay back the money once they pass their exams. Students may also be given the loan more than once. We will provide the students part time jobs so that they will be able to pay back the loan once they pass their exams, Prof Upadhyaya said. He said the World Bank has assured the UGC that it will provide $8 million for the scheme. While the government has also agreed to provide funds, industrial houses have agreed to sponsor the students.

A 11-member committee will be formed with the representation of sponsors, the UGC, student bodies and teachers, the Finance Ministry, the Education ministry, among others, to select students for the scheme. Prof Upadhyaya said the committee will select the deserving candidates for the scheme.

Though the Education Ministry has provided scholarships to the underprivileged, the Dalit, and the women up to school-level education, no such programme was introduced for students studying in higher level, said Prof Upadhyaya. The Dalits so far have been enjoying only 0.1 per cent of the total share of investment made in higher education. Upadhyaya said the opportunity was being created in order to make sure that the underprivileged students get a fair chance to pursue higher education.

Source:
http://www.thehimalayantimes.com/fullstory.asp?dtSiteDate=20050902&filename=aNPata0sdqzpfa0Sa4wa.axamal&folder=aNPataiaoanaaal&Name=National&sImageCaption=&sImageFile=&HidPath=aATaoanlaNaeaw2a/a2Ta0pa/Va9a/yvg

 

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Third Dalit Parliament ends
 
Himalayan News Service
Dhangadhi, August 26:

Third Dalit Parliament concluded yesterday with the announcement of the 10-point Dhangadhi declaration in Dhangadhi. The Parliament, attended by representatives of different organisations working for the benefit of the Dalits, expressed its support to the demand of democracy raised by conscious civilians and political parties. President of National Dalit commission, Bhagwat Bishwasi, Indian Dalit leaders, SP Arya and Sulekh Chand had participated the programme.
They raised their voices in favour of democracy and human rights and strongly condemned racial discrimination. They also condemned indifference shown by the State towards implementing the 12-point Dhangadhi Declaration. The declaration was organised in Dadheldhura to mark the first National Haliya convention. Participants of the convention expressed their commitment to make an alliance to fight racial discrimination.


Source: http://www.thehimalayantimes.com/fullstory.asp?dtSiteDate=20050827&filename=aNPata0sfqzpfa0Wa9a8a.axamal&folder=aNPataiaoanaaal&Name=National&sImageCaption=&sImageFile=&HidPath=aATaoanlaNaeaw2a/a2Ta0pa/Va8a/a2sg

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Nepal Maoists deny mass rape

By Sudeshna Sarkar, Kathmandu :

The alleged mass rape of low-caste women in eastern Nepal by Maoist insurgents has snowballed into a controversy with the rebels counter-accusing vigilantes and "Indian thugs" of the atrocities.

Over 20 women from the Dalit community, which is regarded as the lowest in the social hierarchy in
Nepal, were raped at gun-point last week in Jagatpur village in Saptari district, allegedly by the communist guerrillas.

While the top leadership of the rebels is yet to make any statement on the incident, the local leaders are counter-accusing vigilante groups formed in villages to oppose their demands for food, money and recruits, as well as "Indian thugs" from across the southern border of engineering the attack.

The incident snowballed Thursday when the outlaws killed a villager, accusing him of being involved in the incident, media reports said.

Shambhu Chaudhary was killed and four more men abducted by the Maoists over the incident, the Kathmandu Post reported Friday.

A statement issued by Aabhas, a local Maoist leader, said Chaudhary, Dinesh Sardar, Lalt Chaudhary, Pradeep Gupta and Devkant Yadav were abducted by the guerrillas after Sardar allegedly told them he and the others were involved in the mass rape.

The statement also urged for an independent probe into the incident, the Post said.

However, the report could not be confirmed with government offices here closed for a religious festival.

Nepal's National Human Rights Commission as well as Informal Sector Service Centre, an NGO, have sent teams to the area to investigate the incident.

Source: http://www.newkerala.com/news.php?action=fullnews&id=17294

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AMNESTY INTERNATIONAL- PUBLIC               

AI Index: ASA 31/072/2005       
               
25 August 2005


Further Information on UA 213/05 (ASA 31/068/2005, 19 August 2005) Fear for safety / legal concern

NEPAL       Raj Kumar Pariyar (m), aged 25

Raj Kumar Pariyar was freed on 24 August following a second Supreme Court ruling that his detention was illegal and that he should be released immediately. However, lawyers and human rights defenders recognized members of the security forces dressed in plain clothes waiting outside the Supreme Court building and feared that he could be re-arrested once again. Raj Kumar Pariyar remained inside the court until representatives of Nepal's National Human Rights Commission arrived on the scene and escorted him to safety.

Raj Kumar Pariyar was first arrested by Royal Nepalese Army (RNA) personnel on
11 January 2004 and "disappeared" for nearly one year. During this time, he was reportedly tortured while in custody of the Jagadal battalion at Chhauni army barracks in Kathmandu.

On
10 August 2005, after a protracted legal battle, the Supreme Court ruled that his detention was illegal and that he should be released in the presence of the Kathmandu district court. When he was brought before the district court on 12 August, security forces personnel in plain clothes were waiting outside. As well as arresting Raj Kumar Pariyar, they also detained his father and three brothers, holding them overnight. Raj Kumar Pariyar was held at the Hanumandhoka district police station in Kathmandu.

No further action is requested from the Urgent Action network. Thanks to all who sent appeals.

Amnesty International (http://www.amnesty.org/)

19 August 2005
UA 213/05   Fear for safety/ legal concern

NEPAL Raj Kumar Pariyar (m), aged 25

On 12 August, Raj Kumar Pariyar was re-arrested by
plainclothed security personnel at the Kathmandu district
court, despite a Supreme Court order for his release. He is
being held at the Hanumandhoka district police station in
Kathmandu and there are concerns for his safety.

Raj Kumar Pariyar was detained without charge for 19
months before the Supreme Court ruled on 10 August that
his detention was illegal and that he should be released in the
presence of the district court. When he was brought before
the
Kathmandu district court on 12 August, security forces
personnel in plain clothes were waiting outside. As well as
arresting Raj Kumar Pariyar, they also arrested his father and
three brothers. His father, Gyan Bahadur Pariyar, aged 60,
was detained together with Srawan Kumar Pariyar and Kiran
Pariyar at the Singh Durbar ward police station in
Kathmandu; the three were released the next day without
charge. Prakash Pariyar, aged 18, was detained along with his
brother Raj Kumar Pariyar at the Hanumandhoka district
police station, but was released on 13 August without charge.

On 15 August, Raj Kumar Pariyar was brought by police
before an appeal court, which ordered his detention for up to
30 days. Raj Kumar Pariyar is allowed to receive visitors in
detention. He reportedly has been blindfolded, interrogated
and threatened.

Raj Kumar Pariyar was first arrested by Royal Nepalese Army
(RNA) personnel on
11 January 2004 and "disappeared" for
nearly one year. During this time, he was reportedly tortured
while in custody of the Jagadal battalion at Chhauni army
barracks in
Kathmandu. The authorities repeatedly denied
any knowledge of his arrest or detention, including in formal
responses to a habeas corpus petition which was filed before the
Supreme Court by the Nepal-based rights organization
Advocacy Forum on
30 September 2004. In written
responses to the court, the RNA, the Defense Ministry, the
Home Ministry, and the Chief District Office of
Kathmandu
denied that they had arrested or detained him.

However, on
14 December 2004, local newspapers reported
that Raj Kumar Pariyar was among the detainees identified in
a report issued by the government committee investigating
"disappearances". He was reportedly being held at the
Sundarijal detention centre in
Kathmandu. His father was
permitted to visit him at Sundarijal, but authorities did not
provide any information about the reasons for Raj Kumar
Pariyar's detention.

On
27 July 2005, Advocacy Forum filed a second habeas corpus
petition before the Supreme Court on behalf of Raj Kumar
Pariyar. This time, the Chief District Officer of
Kathmandu
responded that he was being held under the provisions of the
Terrorist and Disruptive Activities (Control and Punishment)
Ordinance (TADO), which allows for preventive detention
for up to one year. According to the account provided to the
court by the Chief District Officer, Raj Kumar Pariyar was
held under TADO as of
18 October 2004, on the
recommendation of the Jaga Dal army barracks. (In a written
reply issued on
27 October 2004 in response to the first
habeas corpus petition, the Royal Nepalese Army had denied
that Raj Kumar Pariyar was held in army custody.) The home
ministry reportedly authorized his detention for a further six
months on
15 April 2005. However, the Supreme Court
found that his detention was illegal on
10 August 2005.

BACKGROUND INFORMATION
In the course of the nine-year-long internal armed conflict,
Amnesty International has documented thousands of cases of
arbitrary arrests, unacknowledged detentions, torture and
"disappearances" at the hands of the security forces. The
human rights crisis deteriorated further following the king's
seizure of power on
1 February 2005, with the security forces
exercising virtually unchecked power. The practice of
rearresting those who have been freed on court order
constitutes arbitrary detention, undermines the authority of
the courts, and displays open contempt for the rule of law.

RECOMMENDED ACTION: Please send appeals to
arrive as quickly as possible:
- expressing concern for the safety of Raj Kumar Pariyar,
who was re-arrested by security forces personnel on 12
August 2005;
- urging that he be treated humanely while in custody and not
tortured or ill-treated;
- calling for Raj Kumar Pariyar to be freed immediately and
unconditionally, in compliance with the order for his release
issued by the Supreme Court;
- calling on the government to instruct relevant law
enforcement agencies to halt immediately the practice of re-
arresting those who have been released on the order of a
judge;
- calling on the government to undertake an investigation into
the "disappearance", illegal detention, and rearrest of Raj
Kumar Pariyar, urging that those responsible for committing
or ordering these violations of his human rights should be
brought to justice in fair proceedings.


APPEALS TO:
Minister Dan Bahadur Shahi
Minister of Home Affairs
Singha Durbar, Kathmandu, Nepal
Fax:        011 977 1 4 225 156
Salutation:       Dear Minister

Minister Niranjan Thapa
Ministry of Law, Justice and Parliamentary Affairs
Singha Durbar, Kathmandu, Nepal
Fax: 011 977 14211232
Email: molaw@wlink.com.np
Salutation: Dear Minister

Shyam Bhakta Thapa
Inspector General of Police
Police Headquarters
GPO Box 407, Naxal, Kathmandu, Nepal
Fax:011977 1 4 415 593 / 4 415 594
Salutation: Dear Inspector General

Puskar Karki
Deputy Superintendent of Police
Head, Human Rights Cell
Police Headquarters
GPO Box 407, Naxal, Kathmandu, Nepal
Fax: 011977 1 4 415 593 / 4 415 594
Email: hrcell@nepalpolice.gov.np
Salutation: Dear Deputy Superintendent

COPIES TO:
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Royal Nepalese Embassy
2131 Leroy Pl. NW
Washington DC 20008
Fax: 1 202-667-5534


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END OF URGENT ACTION APPEAL

 


New report documents the impact of the civil war on Dalits
 
Dinesh Kumar Pariyar (dinu)     

Caste discrimination is a root cause and an insidious consequence of the civil war in
Nepal, the Center for Human Rights and Global Justice charged in a new report released last week. The conflict will remain unresolved without a sustained commitment to ending caste-based abuses.
The 65-page report, titled, "The Missing Piece of the Puzzle: Caste Discrimination and the Conflict in Nepal," exposes the as-yet undocumented impact of the civil war, fought by the government and Maoist insurgents, on Nepal's most vulnerable citizens: Dalits, or so-called "untouchables." The report was released in
Geneva last week during the two-week meeting of the U.N. Sub-Commission on the Promotion and Protection of Human Rights.

The Maoists have capitalized on caste and gender discrimination in
Nepal by heavily recruiting Dalits and women for their "people's militia." Maoist indoctrination often includes a special emphasis on the oppression of the "lower castes," and the Maoists' alleged role in liberating them. The dismantling of the educational system in Maoist-run areas of the country has also led to large numbers of children joining the militia.

Once recruited, Dalits are relegated to the lower ranks of the movement and are, in effect, taking the bullets for the Maoist insurgency. Coupled with reports that the practice of "untouchability" and sexual abuse against Dalit women persists even within the ranks of the Maoist movement, evidence shows that Dalits have begun to feel extremely alienated and underserved by the movement that claims to liberate them.

The Maoist "People's War" has turned on the very people it purported to empower; Dalits have proven to be the favored victim of both state forces and Maoists," said Smita Narula, Executive Director of the Center for Human Rights and Global Justice. 
 
Notes
The U.N. Sub-Commission on the Promotion and Protection of Human Rights and the U.N. Committee on the Elimination of Racial Discrimination (CERD) have paid increasing attention to caste discrimination in recent years. CERD Member Morten Kjaerum and Sub-Commission Special Rapporteurs Chin Sung Chung and Yozo Yokota helped launch the report in cooperation with the International Dalit Solidarity Network (www.idsn.org) and Anti-Slavery International (www.antislavery.org).

Source: http://english.ohmynews.com/articleview/article_view.asp?menu=c10400&no=243358&rel_no=1

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Dalit Welfare Organisation (DWO) to create recruitment data bank of Dalits

Himalayan News Service
Kathmandu, August 18:

The Dalit Welfare Organisation (DWO) today said the organisation is preparing a data bank of Dalits to simplify their recruitment in any organisation. The data bank is being prepared on the recommendation of a report on Dalit Recruitment Policies and Practices in the selected organisations, jointly prepared by Save the Children US and the Informal Sector Service Centre (INSEC). The report had recommended establishment of an inventory of potential Dalit candidates from among the supported graduates for their placement in different organisations, particularly for entry-level professional jobs. The inventory would provide agencies a wider pool of potential Dalit candidates, the report had said.

Speaking at the follow-up interaction on Increasing Dalit Recruitment in all sectors of
Nepals economy, member of the National Planning Commission (NPC) Prof Dr Ram Prasad Chaudhary said the benefit of reservation did not reach to the needy. Non-Dalits grabbed the opportunities meant for Dalits and well-off women were benefited by the seats reserved for the needy women,he said, adding, the government has a tough challenge ahead to make the policy of positive discrimination a success.

Speaking from the floor, a representative of Lutheran World Federation (LWF) Arati Singh said there should be special criteria to recruit candidates from the Dalit and other marginalised communities because many times they cannot meet the criteria of the vacant post. Recalling the ongoing recruitment process at the LWF she said, The federation has encouraged Dalits to apply for different posts but not even one applicant from over 100 of them is from the Dalit community.Member of the Federation of Nepalese Chamber of Commerce and Industries Noor Bikram Thapa said, I dont think there is any Dalit recruited at FNCCI. Thapa, however, said he would take the issue of Dalit recruitment to the discussion within the FNCCI and work to formulate policy.

Source: http://www.thehimalayantimes.com/fullstory.asp?dtSiteDate=20050819&filename=aNPata0seqzpea9a9a3ra.axamal&folder=aNPataiaoanaaal&Name=National&sImageCaption=&sImageFile=&HidPath=aATaoanlaNaeaw2a/a2Ta0pa/Va8a/xa9g

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Rehabilitation of displaced Dalits

Himalayan News Service
Kathmandu, August 16:

Some 50 Dalits, who were displaced from their residence due to Maoists atrocities, have been rehabilitated with the joint effort of Federation of Nepalese Journalists (FNJ) and Jagaran Media Centre (JMC). The displaced Dalits of Syaule situated at Bong Dovan
VDC of Baglung, who were living at the district headquarters for the last two and half months, have been re-settled at their own places after the district leaders of the CPN (Maoists) apologised the locals for their grave mistakes,said Suvash Darnal, JMC president at a press meet yesterday. The Maoists have also committed not to repeat such incidents while the displaced Dalits explained the leaders all about the atrocities they faced from their cadres in the past, Darnal said adding that the district committee secretary of the Maoists Anil has also assured them to take action against the guilty cadres.

According to him Maoists have already started returning properties of the displaced Dalits. Darnal had reached Syaule along with Purna Basnet, FNJ central member, to mediate for their rehabilitation. A report from Tansen said, a meeting of Dalit students undertaking higher education in Palpa took place here today. The meeting was organised by the Dalit students in cooperation of the Oppressed Class Development Centre, Tansen, with the view to discuss the difficulties faced by Dalit students. Participants stressed the need to strictly implement laws against discrimination so as to guarantee the rights of oppressed class people. They also demanded the government increase quota for Dalits in government jobs.

Source: http://www.thehimalayantimes.com/fullstory.asp?dtSiteDate=20050817&filename=aNPata0sfqzpea9a8a2a8a.axamal&folder=aNPataiaoanaaal&Name=National&sImageCaption=&sImageFile=&HidPath=aATaoanlaNaeaw2a/a2Ta0pa/Va8a/xsg

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FFind this Nepali language news report at: http://insn.org/?p=1732

 

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Dalit writing makes its mark

 

By Anupreeta Das | Contributor to The Christian Science Monitor

 

NEW DELHI – Next month, an autobiography called "Untouchables: My Family's Triumphant Journey Out of the Caste System in Modern India" will hit American shores.

 

The author, Narendra Jadhav, head of economic research at the Reserve Bank of India, is also a Dalit or "untouchable," a member of the bottom rung of India's centuries-old caste system. His tale, which spans three generations, is an act both of political and literary assertion, he says.

 

More on this story: http://www.csmonitor.com/2005/0815/p15s01-lire.html from the August 15, 2005 edition

 

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Helping Dalits

IT is indeed sad that
Nepal still possesses and practises some outdated social and cultural systems, which are absolutely not compatible with the modern concept of human rights and human dignity. The so-called traditions and culture have been creating division and discrimination in our society. These outdated practices are nothing other than distortions and perversions. In the name of tradition and culture, certain sections of the society are being discriminated and exploited. Dalits are an example of this exploitative and discriminatory social system. The forms of discrimination and exploitation against the dalits (oppressed) are many-fold. They are not allowed to participate in certain religious, cultural and social functions simply because they belong to the dalit community. In some places, dalits are not allowed to collect water from the same source that people from other communities use. These are all violations of the fundamental human rights and basic laws of the land. The Constitution of the Kingdom of Nepal has clearly stated that all citizens irrespective of their caste, sex, colour and religion are equal before the law and that they would not be discriminated on any ground. However, these constitutional provisions are flouted when it comes to implementing the regulations. Dalits are not only exploited and discriminated socially and culturally; they are equally alienated from the economic activities, development and employment opportunities.

Against this backdrop, the Dalit Sangh has stressed the need for creating adequate employment opportunities for the backward communities including the Dalits. The Sangh had organised a programme the other day to attract the attention of the authorities to the lack of equal representation of the Dalit community in the employment sector. In fact, the majority of the people from the Dalit communities are poor, and the poor naturally cannot afford to pay for higher education. Also those few who are well educated and are holding prestigious posts in the government offices are also become victims of such practices. A recent case in Jhapa is a evidence of this, where an official from the Dalit community was humiliated by the so-called high-class people at a public function. Thus, there must be massive educational programmes in order to raise the level of education of the dalit population. Similarly, efforts to make dalits economically independent are also of paramount importance. On top of that, a change of attitude of the society towards the dalits is more important. Let us hope the authorities will seriously heed the voices raised in the interaction programme and formulate a special programme for the dalits in tune with the 21-point programme of the present government.

Source: http://www.gorkhapatra.org.np/pageloader.php?file=2005/08/06/editorial/editorial4

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We want to replicate Dalit struggle in Nepal
Express Features Service

Ahmedabad, August 11:THOUGH the Dalits in Nepal are paid much better for cleaning toilets in their country, they believe that they are much more backward from the Dalits in India in the absence of any political, educational and vocational reservation in the country.

A group of 16 Nepali Dalit activists visited Ahmedabad for three days to get some exposure to the Dalit movement here and to get some knowledge of the overall situation of the Dalits. The group visited the city under the aegis of an NGO Navsarjan, working for the upliftment of Dalits in
Gujarat and was led by Hirabhai Biswokarma from the Dalit NGO Federation of Nepal.

Speaking to the Ahmedabad Newsline Hirabhai said,
Nepal has 23.4 million per cent population and 20 per cent of them are Dalits but still, it being a Hindu nation, the discrimation of Dalits remains the same in lack of any reservation for them and due to poor implementation of land ownership laws.

The ratio of Dalit children dropping out of the primary school is quite high due to discrimination by the upper castes. Depicting land ownership as a vital thing for economic reformation he said,There is a law in
Nepal which restricts anyone from acquiring land more than a certain limit but the law is not being implemented properly and most of them are landless.

Here we saw various villages and the Dalit struggle to reclaim their land. We would like to replicate the same in
Nepal also.

The group also lamented absence of a leader like Dr Ambedkar in
Nepal to lead them against the injustice being done by the upper castes.

Due to absence of reservation, he said, there are very few government jobs available to the Dalits. Not a single Dalit is in the civil services and only after the Mao militancy that they have started getting jobs in the army,they said, adding, all the political parties have in principle accepted the need to have reservation for the Dalits but none seem to be sincerely implementing their words in to action,Hirabhai said.

Sharda Biswokarma from delegation said that even the media backed by the monarchy or by the government do not raise the Dalit issues.

The delegation visited various villages in Sayla taluka and interacted with the Dalits who reclaimed their land after a long fight.The group, however, was disappointed to see the wages safai workers get for cleaning toilets in
India against the one they get in Nepal. Hirabhai said,The work of cleaning safety tanks in Nepal is one of the highly paid jobs and you can guage it by the fact that many of the non-Dalits are also doing it.

Source: http://cities.expressindia.com/fullstory.php?newsid=143513

 

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Land bank to empower Dalits
 
Himalayan News Service
Kathmandu, August 4:

Deputy Governor of the Nepal Rastra Bank (NRB), Lekh Nath Bhusal, said today that the government has proposed land bank policy to minimise poverty. Speaking at a workshop titled Increasing Dalit Recruitmentorganised by the Dalit Welfare Organisation, he said the proposed land bank a project to distribute land to the poor would have a solid and concrete policy to empower economically disadvantaged communities, including the Dalits.

The present grim situation is a result of injustice, social discrimination and poverty,he said.
Executive director of the NRB Shushil Mathema suggested the National Dalit Commission, National Planning Commission and the Ministry of General Administration to work together to make a new recruitment policy so as to integrate more Dalits. Head of the Human Resource Development at the Agriculture Development Bank, Bijaya Swanr, suggested the Dalit community to approach the government for the formulation of Dalit recruitment policy. Manager of the Action Aid
Nepal, Dhuti Baral, also said the existing policy was not enough to recruit Dalits. Assistant manager of the Nepal Bank Limited, Shyam Shrestha, said data on Dalits should be correct and comprehensive so that a policy maker can work properly.

From: http://www.thehimalayantimes.com/fullstory.asp?dtSiteDate=20050805&filename=aNPata0sfqzpea9Ua5ta.axamal&folder=aNPataiaoanaaal&Name=National&sImageCaption=&sImageFile=&HidPath=aATaoanlaNaeaw2a/a2Ta0pa/Va8a/yqg


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Some  18 Dalit families homeless
 
 PR

DALLU, Dailekh, July 23 - One-and-a-half dozen dalit families, who were forced to leave their homes and around 30 ropanis of land so that a security base camp could be set up there, have not yet been compensated.

Following last November's incident, when local women here started an armed protest against Maoists, the government had decided to set up a security base camp.

Moreover, the local civil society and women communities had pressurized the government, which had initially chosen a site at the outskirts of Dallu for the security camp, to place the camp on the 30 ropanis of land belonging to dalits.

"Though we were promised a good compensation for our property, we haven't received anything so far," said a dalit, who has been taking shelter along with nine other  members of his family in his relative's cowshed.

The Regional Administration Office at Dallu, meanwhile, stated that the valuation of the property had already been done and documents had been forwarded to the higher authorities.

Source: The Kathmandu Post >> Front Page  http://www.kantipuronline.com/kolnews.php?&nid=46580

 

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Badi women turn to other professions

RSS
Tulsipur (Dang), July 18: Women of the Badi community in Dang who have traditionally been engaged in the flesh trade have now started to take up other callings to make a living.

Some 15 Badi women in the Ghorahi area and 26 in Tulsipur area have taken up callings like vegetable and fruit cultivation, goat keeping and pig rearing, according to Dalit Women Unity Center Tulsipur program director Krishna Nepali.

According to Nepali, 15 out of 50 women associated with the Badi Women Creative Group Dang and 75 women associated with the Dalit Women Unity Center Tulsipur have been living independent lives. Some 200 women from Srigaon, Leltar, Tulsipur, Bagar and Pakaiya have given up the flesh trade and taken to new kinds of work, said Dalit Women Unity Center Tulsipur chairman Nirmala Gupta. Badi Women Creative Group member Shanta Nepali said Dadi women have reformed a hundred percent but society itself has not reformed, adding that Dang district should be projected as a district free of the flesh trade.

 

Source: http://www.gorkhapatra.org.np/pageloader.php?file=2005/07/19/nation/nation4

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MoEsnew intensive plans to begin from July 16


By Our Correspondent

KATHMANDU, July 4: The Ministry of Education and Sports (MoES) has come up with intensive schemes for the secondary education for the coming fiscal year that begins July 16.

Aiming to provide dalit and girlsaccess to education, we have selected 10 districts especially of the remote areas,Lava Prasad Tripathi, spokesman at the MoES, told The Rising Nepal.

According to the MoES, these districts are Rupandehi, Humla, Kailali, Pyuthan, Mugu, Jumla, Doti, Achham, Baitadi and Bajhang. All the public lower secondary and secondary schools of the country will be supported in terms of infrastructure, furniture, physical development as per the need analysis,said Tripathi. Tripathi said that all dalit students of Class 6-10 would be given a stipend of Rs. 500 each. They will also be provided an additional Rs. 390 for text books and stationery,he said. Similarly, all the students, irrespective of their caste and class, of the Karnali zone would be provided Rs. 390 each for textbooks, he said. The girls of the zone will also be provided an additional Rs. 100 as incentive. Furthermore, every girl studying in Class 6-12 in Karnali will also be given Rs. 150 per month for textbooks.

He said that the government had decided to provide Rs. 10,000 to each lower secondary and secondary levels all over the country for teaching-learning materials. Secondary education grants have been allotted for additional teachers required to meet the teachersdemand.

Under the education for all programme, the Ministry has allocated Rs. 300 for each student retained in the schools. The amount will be given to the schools,said Tripathi. But it will be provided only for the 50 per cent of the total retained students.

Under the block grants, the Ministry has decided to provide annual grants to all the schools on the basis of student number. Rs. 300 for a single student of Terai, Rs. 350 for a student of hills and Rs. 450 for mountains will be granted to the concerned schools,he said.

He said that the Ministry has planned to build 6,200 more rooms of the public schools next year. Moreover, we have decided to set up additional 6,000 early childhood development (ECD) centres for the children between three and five to nurture their mental, physical and psychological development,he added.

The government has planned to establish 74,000 ECD centres by 2015. However, there are only about 10,000 centres, including private ones, in the country.

Available at: http://www.gorkhapatra.org.np/pageloader.php?file=2005/07/05/topstories/main11

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Dalit thrashed for using public tap
                   
POST REPORT

DIPAYAL, June 26 - Dal Bahadur BK, a dalit peasant of Durgamod
VDC-6 of
the district, was severely beaten up by three of his neighbors belonging
to the "so-called" upper caste recently, for touching a public tap, used
only by non-dalits of the village.

Local Sher Bahadur Bista, Prem Bista and Dal Bahadur Bista thrashed
45-year-old BK as he was fetching water from the tap. "They beat me up,
shouting at me that I was not allowed to use the public tap," said BK,
showing bruises all over his body. He fell unconscious after the
beating, according to eyewitnesses.

Twenty-five dalit and 35 non-dalit families reside in the village. The
non-dalits have claimed their sole right over the use of one of the two
drinking water taps in the village. Meanwhile, in Baitadi , 80 families
in Gurukhola-3 and 8 families at Basantapur
VDC-8, belonging to the
dalit community, have been facing drinking water problems because
of restrictions imposed on use of the limited water sources in these
villages by the non-dalits.

http://www.kantipuronline.com/kolnews.php?&nid=44097