Monday, August 15, 2005

Renaming The Blog In Honor Of Gagan's Release


The blog is being renamed to For A Democratic Nepal.
I am also going to rewrite the proposed constitution to make room for the monarchy in there. See, the thing is my proposal for the monarchy is highly creative:
  1. It has zero political power.
  2. It does not cost the country a dime.
  3. The king is "seen and heard" at the same time: my proposal sends him on television once a year in a big way.
And the biggest reason is that I feel the path to peace and democracy is quicker if you retain the monarchy. As late as the end of 2004, 60% of the country wanted to retain a constitutional monarchy. A democrat would respect that sentiment.

As for Gagan. I think he should think of ditching the Nepali Congress. Look at this Email To Charlie Szrom. In there are the 5 Steps To Democracy For A Country:
  1. Take over power: Take Over Tundikhel.
  2. Build a democratic party, the total, transparent kind: Janata Dal Constitution.
  3. Introduce a democratic constitution into the country: Proposed Constitution.
  4. Promise rapid economic growth in the aftermath: 21st Century Nepal.
  5. Go global with it: Reorganized UN, Methods.
It is like this. There was the Panchayat. After that ended, a lof the Panchas joined the Nepali Congress. That is not a cheap step. That is a positive transformation for the country.

Parties like the Congress and the UML are old. They are stuck in their old ways. What I am proposing is a new kind of democracy, the kind that does not exist in India or America, definitely did not exist in Nepal, the kind that even the Maoists will happily embrace and forget their guns forever.

And the seven parties are in the way. They are moving too slow. Their momentum towards internal reforms are non-existent or too slow.

I would be willing to do fund-raising at this end, if people like Gagan Thapa will take the jump. And I have no desire for a political career in Nepal. So it is people like Gagan Thapa who benefit politically. They will see a rapid political rise for themselves. More importantly, my proposal is good for the country. That counts.

This is my open letter to Gagan Thapa, who in many ways has become the face of the movement, even more so than Girija. And to the likes of Gagan Thapa. He is not too young to take more of a lead at the national level.

What say you?

Mary Joyce, Demologue

In The News
at No comments:

Caste Discrimination Leads To War


The insurgency is but the symptom, the disease is something else. The entrenched caste dynamics in Nepal is a major culprit. Casteism has to be confronted head-on. That is the sure way to peace.

This 71-page report by the Center For Human Rights And Global Justice at the New York University Law School makes that point.

This approach also speaks to me personally. I have had a zero tolerance policy towards the Pahadi chauvinism within the democracy movement. The heck with you. You need me. You might as well measure up.

Some excerpts from the report:

Maoists hold programs several times a month, gathering villagers from miles around to educate them about the “People’s War.” Maoist campaigns also include public humiliation and punishment schemes against those who practice caste and gender discrimination. The Maoists particularly target Dalits (so-called untouchables) and women for indoctrination and recruitment.

The victimization of Dalits or so-called untouchables by the State and Maoist insurgents is inextricably linked to the perpetuation of the conflict, yet attention to this dimension of the conflict has been notably absent from the international community’s response.

The Maoists formally declared the beginning of their “People’s War” on February 13, 1996, and formulated their initial goals around moving Nepal away from a Hindu kingdom and towards a more secular republic that committed itself to the principles of gender and caste equality and addressing centuries-old exploitation of Dalits.

Dalits represent 80 percent of the “ultra poor” in Nepal, dramatically increasing their vulnerability to bonded labor, slavery, trafficking, and other forms of extreme exploitation. “Upper-caste” community members force Dalits to live in segregated communities, prevent them from entering public spaces, deny them access to food, water, and land, and relegate Dalits into caste-based occupations considered too “ritually impure” for “higher castes.” Dalit women and girls endure the double burden of caste and gender discrimination. They bear the brunt of exploitation and violence and are routinely forced into sex work. Defiance of the proscribed social order is consistently met with punitive violence and social ostracism.

Dalits are extremely underrepresented in local and national government bodies.

Dalits were quickly identified as a base of ready support for the Maoist insurgency...

Rampant sexual abuse and exploitation of women by the police, and the subsequent mistrust and distaste for the government amongst rural communities, fueled early support for the Maoist movement in far- and mid-western Nepal.

....local government structures were replaced with “people’s governments” that
assumed state functions. the most important component of their insurgency: a “People’s Militia” comprised of thousands of armed fighters. The Maoists once again capitalized on caste and gender discrimination in Nepal by heavily recruiting Dalits and women for their “People’s Militia.”

Dalit women make up 50 percent of the Maoist cadres’ lower ranks.

The mere promise of food is sometimes enough to attract a young Dalit child to join the
Maoist army.

Although the Maoists claim political empowerment of Dalits and women as a central
tenet of their agenda, their leadership is dominated by upper-caste men. In effect, Dalits are
relegated to the lower ranks and serve as dispensable persons who can literally take the bullets for the Maoist insurgency. The absence of Dalit leaders has also fostered the belief that the Maoist leadership is adopting the same Brahmin-dominated leadership model used by mainstream political parties. Coupled with reports that the practice of “untouchability” and sexual abuse against Dalit women persists even within the ranks of the Maoist movement, some speculate that Dalits have begun to feel extremely alienated and underserved by the very movement that purports to liberate them.

November 26, 2001, the Nepalese government declared a state of emergency. Following the announcement, the government deployed 54,000 soldiers from the Royal Nepalese Army throughout the country ...... security forces began operating under an unofficial policy of killing all individuals suspected of taking part in the Maoist insurgency without leaving opportunity for further investigation........ government security forces have engineered more than 2,000 extrajudicial killings since 2001. According to the United Nations, Nepal also had the highest number of reported new “disappearances” in the world in both 2003 and 2004.

The overwhelming majority of senior officers in the RNA continue to hail from “upper-caste” communities....... Caste-based profiling is also a common occurrence at security check posts
and during village interrogation round-ups...... The State has also armed upper-caste village militias—or village defense committees—whose members abuse their power to settle personal scores and target Dalits and religious minorities.

Dalit civilians also face discrimination and egregious abuses at the hands of Maoists themselves.

...... vulnerable Dalits have proven to be the favored victim of both State forces and Maoists; and ultimately Dalits find themselves trapped between a growing, brutal insurgency and a violent, unbridled State.

Meaningful and lasting reform cannot be sustained in the absence of the rule of law and real democratic governance. The Nepalese government must also move quickly to restore all fundamental rights formally suspended under the state of emergency.

Over 2,000 years old, the caste system is perhaps the oldest surviving social hierarchy in the world..... the caste system permeates, to varying degrees, all major religions in the Indian subcontinent ..... Caste divisions prevail in housing, employment, marriage, and general social interaction.

Dalits are typically restricted to tasks and occupations that are deemed too “filthy” or “polluting” for “upper-caste” communities. Unlike discrimination on the basis of ethnicity or race, there are almost no physical characteristics that distinguish one caste from another.

Dalits are also denied entry into public places, such as hotels, shops, and restaurants. When
they are able to enter public restaurants, they are made to drink water from separate glasses, tea from separate tumblers, and eat daal bhat from separate plates.

.... routinely denied entry into “upper-caste” temples ..... On December 5, 2004, for example, Dalits were beaten by police officers with lathis for entering the “upper-caste” Laxmi Banketesh Temple in Bharatpur. The Nepalese Constitution, while purporting to abolish caste discrimination, explicitly permits discrimination against Dalits in religious contexts. The non-discrimination provisions of the Nepal Civil Code also contain an exemption for places of religious practice.

In Sindhupalchowk District on May 29, 1999, two Dalits were beaten and forced to pay a total of NRs. 40,000 ($569.23) in damages after refusing to wash their own dishes at a local tea stall. Strict prohibition on inter-caste marriage, particularly between Dalits and non-Dalits, also help preserve caste hierarchies. These prohibitions are sometimes enforced by
punishing entire communities. On January 27, 2004, for example, a young inter-caste married couple was kidnapped by the wife’s “upper-caste” relatives. A mob of 200 “upper-caste” persons then attacked the husband’s Dalit village, destroying all property and forcing all 80 members of the community to leave the village.

.... comprise over twenty percent of Nepal’s population, Dalits possess only one percent of the nation’s wealth. ...... professions require the handling of dead animals or human waste, often with one’s bare hands ..... Chamar Dalits who live in the Terai region of Nepal, for example, are predominantly manual scavengers.

Dalits own just one percent of Nepal’s arable land, while only three percent of Dalits own more than a hectare of land.... squatter colony inhabitants and landless bonded laborers are overwhelmingly Dalit. Dalits are charged much higher interest rates on loans from landlords than are their “upper-caste” counterparts. Such discrimination is intentionally designed to keep alive a system of debt bondage and free farmhands for cultivation of “upper-caste” lands.

As ownership of property was a precondition for Nepali citizenship, Dalits who lost their land were also forced to forfeit their citizenship papers. As possession of citizenship papers is a precondition for purchasing land, evicted Dalits were unable to acquire new land.

Erosion, arsenic poisoning, soil quality depletion, and deforestation also disproportionately impact segregated Dalit communities..... most Dalit families live without toilets and running water.

Rampant employment discrimination makes it difficult for Dalits to enter into, much less
excel in, non-caste-based occupations. Because Nepal’s government is the country’s largest employer, discrimination in the workplace directly implicates the government. 48 percent of the surveyed Dalits claimed that they would be denied employment due to their caste status even if job openings were available. Twenty-one percent of the respondents reported that they had been refused jobs based on their caste status. In addition, approximately 71 percent of individuals reported that they are paid lower wages and salaries in both the private and informal sectors.

..... many Dalits migrate to other countries, particularly India, in search of better employment. many Dalits return with even more debt, handicapped by the high interest loans obtained by non-Dalit lenders in the community to fund the overhead expenses of foreign employment. Meanwhile, Dalit women experience aggravated caste discrimination, enslavement and sexual exploitation when Dalit men go abroad, and Dalits working overseas may continue to experience economic and social discrimination even in the diaspora.

Dalits are often made to sit in the back of the classroom and are treated as “untouchable” even by their teachers. Dalit teachers are themselves socially segregated from their non-Dalit colleagues.

..... only two Dalit medical doctors and fifteen Dalit engineers in Nepal, all of whom were male ..... Nor do any Dalits hold an academic or administrative leadership position at Tribhuvan University

.... denied access to communal water sources ..... According to a 2000 report on Dalit
children in Nepal, a three-year-old Dalit girl was bitten and thrown into a well for drinking from an “upper-caste” community’s water supply in Sindupalchowk district. Schools, particularly in western Nepal, maintain separate wells for Dalit and non-Dalit children. Dalit students found drinking from non-Dalit water taps may face disciplinary sanctions, including corporal punishment, by their teachers ...... a lack of Dalit representation in
Village Development Committees ...... the state was promoting the distribution of separate taps for Dalits and non-Dalits ......

.... even those with adequate purchasing power often encounter problems buying higher quality foods from “upper-caste” community members who practice caste discrimination at vegetable markets, meat shops, and dairy cooperatives. Shopkeepers may even refuse to handle money from Dalits or force Dalits to cup their hands in a deferential posture to receive their change without being touched.

.... the relegation of Dalits into professions that involve handling human excrement and
animal flesh, resulting in greater exposure to disease causing agents. In addition to occupational
hazards, sexual violence against Dalit women and punitive social rituals seeking to “pollute”
Dalits also have detrimental consequences on Dalits’ mental and physical health. On April 8, 2003, in Dhanghadi, western Nepal, an upper-caste couple attacked a Dalit neighbor who they claimed was a witch. They held her down, beat her, and force-fed her a paste made of human excrement and chili powder while her children watched.

Dalit women lag far behind Dalit men and “upper-caste” women in terms of healthcare, education, and remuneration for their labor. Dalit women also bear the brunt of exploitation and violence in the country and are largely perceived as being “sexually available” to “upper-caste” men. As a means of crushing political dissent, Dalit women are targeted with impunity by landlords, the police and the army.

Dalit women have no economic power in the family

Dalit women are economically marginalized and exploited, both within and outside their families. In some rural areas Dalit women scarcely earn ten to twenty kilograms of food grain a year, barely enough to sustain a family. Many have been driven to prostitution. One caste in particular, known as [B]adis, is viewed as a prostitution caste. Many Dalit women and girls, including those from the [B]adi caste, are trafficked into sex work in Indian brothels.

Dalit women are often forced into sex work with truckers, policemen, members of the
army, and the general public.

The marginalization of Badi women into prostitution is also self-perpetuating due to Nepali laws that confer citizenship solely through a father. As Badi-Dalit girls are often born as a result of prostitution, they are unable to identify their fathers and are effectively rendered stateless. Without citizenship, these girls can neither participate in the School Leaving Certificate (SLC) exam required for high school graduation nor pursue formal employment.

In the Mushahar community, one of the poorest Dalit communities in Nepal, only 9 percent of Dalit women were literate.

From 1991 to 2001, literacy among “upper-caste” women increased by 19.2 percent, from 36.7 percent to 55.9 percent. During the same time period, Dalit women experienced only a 12.2 percent increase, from 12 percent to 24.2 percent. Literacy among the Terai Dalit women increased by an even smaller margin of 7.5 percent, rising from 4 percent to 11.5 percent. According to one estimate, out of a total population of two million Dalit women, only ten to fifteen have a graduate or postgraduate degree.

Dalit women are at significantly increased risk of suffering from prolapsed uteruses because
of a lack of clean drinking water or toilet facilities in their communities.

Gender development programs and positive discrimination policies rarely work to
enhance Dalit women’s opportunities.

..... a total of 118 provisions in Nepalese laws, regulations, and its Constitution that discriminate against women in the areas of social, economic, political and family life, including citizenship, inheritance, marriage, adoption, and domestic and foreign employment.

... the Country Code does not criminalize marital rape82 and limits property inheritance to
women who are unmarried and over the age of thirty-five. Men have unconditional inheritance
rights.83 Article 5 of the Constitution allows for a father to vest citizenship onto his children, but
does not confer similar rights to a mother.

Even where the law otherwise protects women from discrimination and abuse, women
are rarely able to secure adequate legal redress. Women who experience sexual and physical
abuse are hobbled by the social stigma associated with bringing cases against family or
community members, and as a consequence do not report such incidents or bring them to court.

Dalits are extremely underrepresented in government. Since 1958, only fourteen Dalits in Nepal have become members of parliament (upper house), all of them men. Only one Dalit has been elected to the House of Representatives.

Dalits are also absent from Nepal’s administrative and judicial system. An 1854 survey revealed that 98 percent of all civil service posts were held by “upper-caste” Brahmins and Chetris. Not much has changed well over a century later. A 1991 survey indicates that 93 percent of these posts are still held by upper-caste Brahmins and Chetris.86 Over a 137-year period, there was only a five percent increase in Nepal’s political diversity.

..... while Brahmins constitute only 16 percent of the population, they represent 57 percent of parliament and 89 percent of the judiciary.87 Discrimination also persists in the Royal Nepalese Army.88 This pattern of exclusion is repeated at the local government level, where Dalits are severely underrepresented in the administrative system:89 of the more than 3,000 Village Development Committee chairmen, only a handful are Dalits.

..... attempts at building effective Dalit political movements are met with punitive violence

Their formal agenda was articulated in a “Forty Point Plan.” Many of the demands, including greater inheritance rights for women, ending racial and caste discrimination, and allowing for local autonomy where indigenous groups predominate, echo the unfulfilled promises set out by the 1990 Nepal Constitution. Other demands, however, far exceed constitutional pronouncements and would, if implemented, fully abolish Nepal’s more than 200-year-old monarchy.

..... specifically amongst the Magar tribal group ..... also built considerable support amongst Dalits and women, as their campaign included public humiliation and punishment schemes against those who practiced caste and gender discrimination. Men who committed sexual abuses against women, squandered money in card games, or behaved like ....... drunkards were humiliated in public view. Similarly, the Maoists punished “upper-caste” community members who prevented Dalits from entering temples, selling their goods, drawing water from public wells, or otherwise subject them to humiliation or abuse. “They will not allow us to be humiliated. If a Brahmin abuses us, the Maoists will beat him… The Maoists speak to equality between men. We can go to temple.” The Maoists are also known to give free literacy courses to children and adults, teaching them to read, write and count, so that they are not swindled by merchants.

Under the cover of targeting criminal activity, the government launched Operation Romeo in November 1995. The Operation’s actual agenda, however, was to dislodge the growing foothold of the Maoist movement in the west and resulted in extensive human rights violations against rural populations, including summary executions, forced “disappearances,” and rapes. Instead of suppressing the Maoist movement, the Operation’s abusive nature had the opposite effect: it equipped the rebels with a self generating reason for the rural population to disfavor the government and support the insurgency.

In guerilla-style attacks, the Maoists launched a series of raids on vulnerable police posts in western Nepal in order to dismantle the existing, albeit weak, police force and amass a supply of weapons and ammunition.

In the absence of effective government resistance, and with a growing arsenal of weaponry, the Maoists were quickly able to devastate the government’s security system and take control of the western countryside surrounding the district headquarters. It is estimated that between 1996 and 2001, Maoist rebels killed more than five hundred policemen, including a senior superintendent of police (SSP), a district superintendent of police (DSP), and eight inspectors.

A Maoist-imposed boycott of the 1997 elections resulted in a political void in eighty-three Village Development Committees in the districts of Rolpa, Rukum, Salyan, and Jajarkot. By 2001, the Maoists effectively controlled twenty-two of the seventy-five districts in Nepal. In Maoist-controlled districts local government structures were replaced with the “people’s governments” that assumed state functions. Parallel judicial systems began hearing cases and passing sentences. At the same time, Maoists took control of existing educational and health facilities and levied “people’s taxes.” As the Maoists built effective government structures, they were also able to realize the most important component of their insurgency: a “People’s Militia” comprised of thousands of armed fighters.

As their hold and popularity extended throughout the west, the Maoists began strategizing to gain control in the more developed eastern region and Terai and, ultimately, to capture Kathmandu. The conflict quickly escalated from the initial weapons raids on remote and abandoned police posts in the western part of the country to a highly organized, wide-scale insurgency affecting life in the entire nation.

Maoists dismantled educational and business facilities throughout Nepal’s seventyfive districts.

On November 23, 2001, Maoists killed over eighty members of the security forces in forty-two districts in a single day. In the days that followed, around 250 people were killed on both sides, signaling a definitive escalation of violence in the conflict.

On November 26, 2001, a state of emergency was declared pursuant to Article 115 of the
Constitution; basic rights and freedoms were suspended. On the same day, a Terrorist and
Disruptive Activities (Prevention and Control) Ordinance (TADO) was promulgated, the CPNMaoists were declared “terrorists,” and the army was deployed.

.... the Terrorist and Disruptive Activities (Control and Punishment) Act (TADA), which was enacted into law in April 2002....... TADA grants sweeping discretionary powers to the security forces in dealing with anyone deemed to be a terrorist, and provides immunity from prosecution for “any act or work performed or attempted to be performed in good faith while undertaking their duties.” Such a broad grant of immunity has fostered a climate of impunity among the Nepali security forces, in clear violation of Nepal’s international obligation to investigate and punish human rights violations.

...... government security forces have engineered roughly 2,000 extrajudicial killings since 2001.... the state’s unofficial policy to kill all individuals suspected of taking part in the Maoist insurgency without leaving opportunity for further investigation.

..... suspected Maoists were and continue to be routinely arrested and killed, and then simply listed as “disappeared.” Suspected Maoists are not the only victims: lawyers, human rights activists, political opponents, journalists, academics and even ordinary civilians have been “disappeared.” ...... not a single soldier, policeman or state official has been held accountable for these abuses, and the state has generally denied all knowledge and responsibility in connection with the killings...... individual members of the security forces have been unexpectedly candid about how they treat suspected Maoists, openly declaring that suspects are taken to jail and killed

The ceasefire broke down in August 2003 after the government refused to agree to key Maoist demands. According to the International Crisis Group, the end of the ceasefire was marked by a dramatic upsurge in violence. At least 1,000 people were killed in the ensuing four-month period. ...... Throughout 2003 and 2004 the Maoists made significant territorial gains and continued to promote their system as a viable alternative to an autocratic king and ineffective political parties.

Maoists and security forces reportedly took turns patrolling villages—each side accusing villagers of supporting the other and torturing and killing innocent civilians in order to deter sympathy for the other side.

In contrast to state forces that detain and abuse their victims in secret, Maoists commit summary executions and brutal forms of torture in full public view.

Maoists have primarily targeted suspected informants, non-Maoist political activists and officials, academics and teachers, government officials and civil servants, and, occasionally, civilians who have refused extortion demands or have otherwise failed to cooperate. Their intimidation tactics are so effective that these attacks are rarely reported to state officials

...... the practice of extracting forced confessions. Maoist insurgents are known to physically torture civilians until they admit to being supportive of the state, while security forces utilize the same methods to extract confessions of Maoist sympathies.

Both the Maoists and the security forces have intentionally killed children ......

While Maoists were consolidating control over the countryside—and running “people’s
governments” in 45 of Nepal’s 75 districts—the government was falling into chaos...... In August 2004, the Maoists blockaded Kathmandu for a week, effectively blocking supplies from reaching the city. By January 2005, by the government’s own admission, the Maoists controlled the majority of the country outside of Kathmandu, setting the stage for the February 2005 royal takeover.

In February 2005 alone, 227 conflict-related deaths were reported, nearly double the monthly average for the conflict. According to one estimate, security forces killed an average of six civilians each day that month.

..... “phone lines are routinely tapped and there is a general assumption that e-mail traffic is also monitored.” ..... A lawyer in Surket district, for example, was arrested after filing a torture case.

“The whole country is like a prison. Nobody knows what is happening. When colleagues leave in the morning, we have no idea if they are going to come back.” “Through very selective arrests, selective surveillance, selective late night calls, selective warnings that the King’s proclamation should be read carefully, through selective restrictions banning criticism of the royal proclamation or the actions of the Royal Nepalese Army, the message is very clear that there will be no democratic space.”

..... police vans continued to be filled on an almost daily basis with protestors who voiced their dissent against the King.

Though the state of emergency had been lifted, basic civil liberties were not restored.
Restrictions on civil society have continued past the lifting of the emergency..... more than 3,400 political activists and human rights defenders continue to be detained in facilities across the country.

..... the Social Welfare Council reportedly will soon introduce a new code of conduct to regulate NGOs. Among the many restrictions, the new code of conduct would prohibit NGOs from organizing political programs,210 and would make it even more difficult for NGOs to criticize the government.

Until the royal takeover in February 2005, the United States had been uncritically
supportive of the Nepalese government.

The U.S. explains its refusal to cooperate in international efforts on Nepal by claiming that it has “very good access with the government. So we raise issues privately at various levels, including the highest levels.”

The U.S. also continued to provide military assistance out of the Fiscal Year 2004 budget, as opposed to the Fiscal Year 2005 budget.

India has long maintained that the international community should not intervene in Nepal’s civil war. Although India suspended its military assistance program to Nepal following the takeover in February 2005, the program was reinstated three months later in May 2005. A number of other countries have also directly supplied arms and military equipment to the Nepalese government or have authorized their domestic companies to do so.

Nepal was also on the agenda of a meeting between President Bush and Indian Prime
Minister Manmohan Singh on July 21, 2005.

China has taken a similar approach to India. Publicly, it has assumed a “noninterventionist” stance ..... however, there has been increased evidence of strengthened ties and relations between Beijing and Kathmandu.

China’s support has been linked to the King’s decision to close the Office of the Dalai Lama’s Representative and the Tibetan Refugee Welfare Office in Kathmandu on January 21, 2005. China had long complained about the presence of the two offices, which worked to assist the approximately 30,000 Tibetan refugees living in Nepal.

The European Union’s record on Nepal could reasonably be considered to be the strongest in the international community—it involved itself in Nepal more forcefully, and at an earlier date, than any other nation or body. In particular, the EU convinced Nepal to acknowledge that its soldiers massacred nineteen people at Doramba and to court martial an RNA Major involved in the killings. In 2004, EU criticisms and direct diplomatic overtures, combined with its threat to force through a strongly worded U.N. Commission on Human Rights (UNCHR) resolution, prompted Nepal to pledge to uphold human rights and abide by international law.

While there has clearly been increased attention to human rights in Nepal—through the
efforts of the U.N. and the European Union in particular—the international community’s response to the crisis has failed to address caste discrimination as a root cause and consequence of the conflict.

Historically, the Nepalese army was built around caste lines.

.... the “upper castes,” who form only thirty five percent of the general population, constitute 98 percent of all army officers ...... Chetri officers may be more likely to trust information provided by villagers of their own caste and may be inherently suspicious of and abusive toward Dalit villagers.

Police and security forces regularly assume that Dalit civilians unilaterally support the Maoists.

..... security forces will seek out Dalit communities and unleash heightened violence and brutality on those sites.

In November 2005, for example, in Dullu village, Dailekh district, 18 Dalit families were forced to abandon their homes so that a security base could be set up on their property.

... imposition of the emergency .... Passengers on board buses were often required to get off at each checkpoint and submit to searches of their person and their belongings. As the contents of bags were searched, passengers were subject to probing questions in a serious and intimidating manner about their background and purpose in traveling.

RNA officials are a constant presence throughout Nepali villages in Maoist-dominant districts ...... physical and sexual abuse during these interrogations and searches ...... Because most officer-level positions are filled by “upper-caste” Chetris, Dalits may be intimidated by simply being addressed by them. Yet any indication of undue fear can be interpreted to mean involvement in the Maoist movement, while acting with over confidence may engender resentment by security forces who expect Dalits to submissively adhere to the caste system hierarchy.

..... are more likely to succumb to physical injuries and display open sores, cuts, and infections on their person. The presence of physical wounds and scars is often interpreted by security forces as evidence of engagement in combat as part of the Maoist militia....... Maoist women tend to wear simple kurtas, without tikkas or glass bangles. In contrast to “upper-caste” women, Dalits dress in a manner similar to the Maoists because they cannot afford adornments or fancier clothing

Late night intrusion into Dalit homes and sexual abuse by intoxicated police officers was
a common experience for many Dalit women even before the Maoist insurgency was officially
declared. The burgeoning presence of the police and army in the villages since the insurgency,
and the subsequent power of the security forces to detain, question, and intimidate rural villagers at will has led to even greater sexual abuse and exploitation. In the wake of state resistance to the insurgency, armed forces are unrestrained in entering Dalit homes and victimizing Dalit women...... security forces raping girls during “searches” of villagers’ homes.

Complaints against state forces may be perceived as forms of dissent against the government and the monarchy and may result in further violence and exploitation, both by state authorities and by “upper-caste” civilians.

State forces have also come to rely on “upper-caste” villagers, many of whom are only too cooperative and willing to charge Dalits as Maoist sympathizers

Village Defense Committees were first introduced by then Prime Minister Sher Bahadur Deuba on November 4, 2003. In Bhajo, in the eastern district of Ilam, for example, a Village Defense Committee was reportedly formed by giving weapons to thirty children, who then underwent training with the RNA.

“Uppercaste” Hindu villagers armed by the government may be targeting religious minorities and Dalits without any real basis to suspect that they are aligned with the Maoists. In Nawalparasi district, members of a village defense committee cut off a Dalit man’s left arm, forced him to eat it, and then shot him. The villages attacked in Kapilvastu contained mostly Dalit and Muslim residents, many of whom claimed that they were living there after fleeing from the Maoists.

According to government estimates from 2003, the Maoist “People’s Militia” was composed of approximately 5,500 combatants, 8,000 militia members, 4,500 cadres, and 33,000 followers. As noted above, Maoists have recruited heavily among Dalits and women to fill the lower ranks of their army. Dalit men and women, who endure extreme marginalization under the caste system, may experience a feeling of unprecedented authority, control, and empowerment when armed with a weapon. Once drawn in, they are deployed on the frontlines of battle. While it is difficult to assess the number of Dalit deaths from the conflict, a disproportionate number of Dalits may be dying on the frontlines in clashes with security forces as very few assume positions of authority or decision-making in the insurgency.

.....the chief architects of the movement, Baburam Bhattarai and Pushpa Kamal
Dahal (alias “Prachanda”), are both “upper-caste” Brahmin men, while the leader of the
military wing, Ram Bahadur Thapa (alias “Badal”), is of Magar origin. According to a 2001 estimate, only two of the thirty-seven members of the Maoist Central Committee were believed to be Dalit. ..... reports that the practice of “untouchability” persists even within the ranks of the Maoist movement

Dalits are serving as dispensable persons who can literally take the bullets for the Maoist insurgency. The 2003 National Women’s Commission’s report indicates that women account for 33 to 50 percent of the Maoist militia in various districts and constitute 50 percent of the cadres at the lower level. ..... Dalits often face discrimination and egregious abuses at the hands of Maoists themselves ....... Under cover of resisting “untouchability,” Maoist soldiers make heavy use of Dalits’ private homes for their overnight stays. ...... In the remote west, food and water are simply not readily available and housing ten or twelve soldiers for even a single night often requires Dalit families to starve for days in order to compensate for lost rations........ Dalits, who average a per capita income of only US$39 a year, are also not exempt from paying the Maoist-imposed “people’s tax.”

Where Maoists impose themselves on homes for nightly food and shelter, there have been
reports of resident women being raped.

Underage girls abducted into the Maoist movement also report being sexually abused while in captivity. Since the collapse of the 2003 ceasefire Maoists have increased their efforts to recruit young women and girls.

Not only high-ranking leaders or activists, but sometime we have to fulfill the sexual desire of our own level’s activists and the militia. This is against the party rule and moral duty, but this is the fact of many women like me in this party. Sometimes this happens by chance…but, sometimes the party policy forces us. Most of the women like us are the temporary wives of male militia. Sometimes…the militia forces us to have sex with them. Sometimes we are
forced to satisfy about a dozen per night. When I had gone to another region for party work, I had to have sex with seven militia [men] and this was the worst day of my life.

Gunfire is routinely exchanged on school premises. Teachers are often forced to contribute one quarter of their salary to the Maoists ..... Maoists have also regularly demanded that Sanskrit not be taught in schools

The military and the police regularly bring teachers into district government security offices for interrogation, disrupting the school environment, and will often target Dalit teachers, who are particularly vulnerable to false accusations made by their non-Dalit peers...... tens of thousands of children have been abducted and subjected to some form of “political education” since the start of the Maoists’ campaign...... in 2003 alone Maoists torched and destroyed at least fortyone educational establishments including teacher training and educational resource centers.

One method of indoctrination combines lectures on history and current political events with cultural programs, such as Maoist-themed songs and dances. This method, particularly when directed at marginalized Dalit children, has proven effective at least in part because it addresses real social problems. Recent reports indicate that Maoist education often includes a special emphasis on societal discrimination and oppression of the lower castes, as well as the Maoists’ alleged role in liberating them. A Dalit child who had been abducted and educated by the Maoists stated, “I never tried to run away from the Maoists. I learned we are all Dalits and everyone is discriminating against us, so I felt that to be a Maoist was good.”

.....the Maoists have enlisted several hundred children into their ranks,342 most of whom range from age fifteen to eighteen years old— Although the majority of child soldiers do not engage in direct combat, many children receive military training.

On February 23, 2004, a leading member of the ANNISU-R claimed that the Maoists were
committed to raising a 50,000-strong child militia in order counteract a developing shortage of soldiers due to civilians’ increasing reluctance to be drawn into the conflict.

The caste-based abuses documented in this report are in violation of a number of international human rights treaties to which Nepal is a party. Nepal acceded to the International Covenant on Civil and Political Rights (ICCPR) and to the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1991. As a result, Nepal is bound by ICCPR’s provisions guaranteeing civil and political rights for all individuals “within its territory and subject to its jurisdiction . . . , without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” Nepal is also bound by the ICESCR’s provision guaranteeing economic, social and cultural rights “without discrimination of any kind.” As a signatory to the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD), Nepal is additionally obligated to eliminate caste- and other descent-based discrimination. As a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Nepal is obligated to pursue a “policy of eliminating discrimination against women.”

.....de facto discrimination remains the order of the day.

In March 2002 the government formed the National Dalit Commission and the National Women’s Commission. However, two years later, in March 2004, both Commissions’ terms came to an end and were not renewed.

On December 31, 2004, leaders of 13 political parties in Nepal came together and signed
a “White Paper for Elimination of Untouchability.” The document proclaims 2005 as the “Year of Elimination of Untouchability” and 2005-2015 as the “Decade of Elimination of Caste Based
Untouchability.”

....... the practice of untouchability remains rampant and violence against Dalit continues with impunity. ...... the existence of “segregated residential areas for Dalits, social exclusion
of inter-caste couples, restriction to certain types of employment, and denial of access to public spaces, places of worship and public sources of food and water, as well as at allegations that public funds were used for the construction of separate water taps for Dalits.”..... ill-treatment and ineffective protection of Dalits by law enforcement officials, especially the police.

the U.N. Sub-Commission on the Promotion and Protection of Human Rights passed a resolution in August 2000 reaffirming that discrimination based on work and descent is prohibited under international human rights law....... caste systems are inherently economic and social in their consequences and represent a deeply oppressive form of work and descent based discrimination.

without a sustained commitment to addressing caste discrimination as both a root cause and insidious consequence of the insurgency, the conflict will remain unresolved.

“[r]esolving the conflict is a precondition for poverty reduction in Nepal, and addressing exclusion is a key conflict reduction priority.”

adoption of the Kathmandu Dalit Declaration
November 29 – December 1 2004

...... caste discrimination affects, in its most severe forms, at least 260 million people worldwide and is particularly acute in South Asia, Africa, and Japan

the condemnation of discrimination against persons of Asian and African descent and indigenous and other forms of descent in the Durban Declaration

the reinforcing relationship between poverty, landlessness, and caste discrimination

The term “Dalit”, as used in this Declaration, is meant to encompass Dalits, outcasts and other
communities discriminated against on the basis of work and descent.

Nepal’s Dalits who represent a significant sector of Nepal’s population and economy

forms of affirmative action and public education programs

Establish a program and timetable to enforce the abolition of “untouchability”, segregation,
manual scavenging and similar practices. In both public and private sectors, Dalits and other
outcaste communities should have full access to employment opportunities; agricultural land;
credit; adequate housing; health; and common property resources, such as forest and water
resources. Similar programs should also be established to counter existing cultural exclusion and social discrimination, such as the separation of Dalit children in schools and the social exclusion of inter-caste couples. National surveys should be conducted on a regular basis to assess the effectiveness of such programs.

Prosecute and condemn those responsible for incidents of caste-based discrimination, segregation, exploitation and violence.

Monitor and publicize the extent to which existing laws and rulings to end caste discrimination, including untouchability, have been implemented.

Repeal national security and anti-terrorism laws that are contrary to the due process norms of international law. Ensure that anti-terrorism measures do not discriminate against anyone on any ground, including caste, and are not used against human rights defenders, including Dalit rights activists.

Uphold human rights obligations, even in the face of national security concerns.

facilitating of group claims

Reform criminal justice systems to ensure that Dalits at the local level have an independent complaints mechanism freely available to them in cases of police torture, other abuses or general failures to uphold justice.

Dalit women and girls who suffer multiple discrimination on the basis of caste, class and gender.

.....address sexual exploitation and domestic violence, including early marriage and
sexual violence in marriage, against Dalit women and girls.

Amend discriminatory laws regarding birth and marriage registration, and citizenship laws
that confer citizenship to children solely on the basis of their father’s identity.

Enact land reform legislation that includes land distribution clauses to counter the pervasive landlessness of Dalits

....greater access to credit and markets

....measures to combat homelessness and discrimination in tenancy, particularly in urban areas.

Ensure the inclusion of all Dalit children in free, full-time formal quality education from primary level until the completion of elementary level. All working and other out-of-school children up to 15 years of age, including Dalit children, should have the right and opportunities to enter and finish a formal elementary education through the provision of transitional educational support such as bridging classes and courses.

Introduce mid-day meal schemes in all public schools and ensure non-discriminatory access.
Where meal schemes exist, ensure that Dalit children are not denied access to these meals and
that Dalit cooks are employed by the schools in the preparation of the meals.

Introduce social justice and human rights education, including principles of nondiscrimination,
in public schools

Enact equality laws that prohibit public and private employer discrimination on the basis of caste. Require affirmative action programmes in the public and private sector and set up appropriate monitoring and reporting systems.

Take necessary steps to remove the customary constraints on leaving traditional caste-based occupations and promote more gainful alternative employment opportunities for Dalits. Increase access to finance and marketing to enable Dalits to set up enterprises. Improve functional literacy, for Dalit women and girls in particular, so they may engage in both skilled labour and entrepreneurship.

Enact and enforce legislation guaranteeing decent work, a living wage, labour rights, and
access to land for Dalits and other exploited or oppressed communities, particularly in the
informal economy

infrastructure projects in the areas of water and sanitation, irrigation, rural roads and electricity should actively involve Dalit community members to ensure access to basic services.

Include Dalit groups and other civil society groups in discussions on priorities for engagement
with the World Bank and Asian Development Bank.

United Nations Fund for Women (UNIFEM)

..... and the dissemination of hate speech

the International Covenant on Civil and Political Rights (including its Optional Protocol), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (including its Optional Protocol), the Convention on the Elimination of All Forms of Discrimination Against Women (including its Optional Protocol), and the Convention on the Rights of the Child.

....appoint a Special Rapporteur on Caste Discrimination and declare in a resolution that caste-based discrimination is prohibited by international law, and call upon all concerned States to the take necessary measures for its elimination.

...The Ambedkar Principles: Employment Principles to Assist Foreign Investors to Address Caste Discrimination in South Asia

the Vulnerable Communities Development Plan (VDCP).

Give due attention to the nexus between caste discrimination and other forms of human rights violations such as torture, gender-based violence, modern forms of slavery including child and bonded labour, denial of equal treatment before the law, and deprivations of livelihood, food, water, healthcare, education, housing and land.

.....descent-based discrimination

..... Take resolute measures to secure rights of marriage for members of descent-based
communities who wish to marry outside the community

....Take measures against public bodies, private companies and other associations that
investigate the descent background of applicants for employment
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