Incident Reports

Terai Human Rights Defenders Alliance (THRD Alliance)'s Situation Update Report

2015-08-18

Bagmati, Kathmandu, Kathmandu, Ward 10

This report is written to provide updates on the current ongoing unrest in the Terai Region. THRD Alliance has found that the police have used excessive force in several places to suppress several protests in the Terai region in the last week (since 13 August), including through the use of live fire when the situation did not require it, i.e. when no life was at immediate risk. Rather police have used fire to protect public and private property. Contrary to other parts of the country (Surkhet and Jumla, where people have lost their lives as a result of police firing), so far no one has been killed in the Terai protests between 13 and 17 August. There are two noteworthy worrying developments in the actions of the protestors, reflecting a trend of escalating violence in the Terai: (1) The use of children by protestors during the protests; (2) The destruction of public property (ambulances) that adversely affects the health rights of potential emergency victims to immediate help, within the context of the under-resourced health sector in Nepal. Contextualising the Protests ------------------------------ After the four parties Nepali Congress (NC), CPN-UML, CPN-Maoist and Madhesi Janadhikar Forum, Nepal (Loktantrik) announced an agreement on six provinces and their demarcation on 8 August, people in many districts of Nepal became agitated by thinking their rights are curtailed because of the proposed model of federalism. In the Terai, people in the districts located in the western part of Terai launched different programmes of protest, including corner meetings, rallies and shut down. Blocking the highways and calling for general strikes can be seen every day since 13 August. In the districts like Kanchanpur, Kailali, Banke, Bardiya, Dang, Nawalparasi the local people have started daily protests. A committee called, undivided far-western struggle committee has been protesting by demanding the far-west as an undivided province. Similarly, the local residents of Nawalparasi have staged demonstrations, demanding an undivided Nawalparasi district in the federal setup. The agitation launched by Nawalparasi struggle committee has completely shut the district headquarter Parasi and all the businesses and schools are closed. The general public has been facing several problems to run their daily life smoothly. Excessive Use of Force ------------------------ On 13 August, in order to enforce the bandh (general strike) declared by United Democratic Madhesi Alliance and local people, twenty protestors burnt tyres on the road in Taulihawa, Kapilvastu. Twenty soldiers of the Armed Police Force (APF) and three personnel from Nepal Police (NP) were deployed in the vicinity. When the protestors tried to set the tyres on fire, the police resorted to a baton charge injuring five protestors. Homnath Yadav (30) was beaten on his leg with a bamboo stick and he has bruises in his leg. While Dippu Gupta (19) sustained a knee fracture because of batons used by the police. Other three protestors' name and condition have not been established yet. On 16 August, there was clear evidence of excessive use of force in policing protests in Nawalparasi and Rupandehi including the use of live fire. Police opened 3 rounds of fire and lobbed 10 rounds of teargas canisters, resulting in Komal Chaudhary (48, resident of Manari-8) being seriously injured by a bullet wound in his palm. Ramkumar Yadav (28, resident of Debgaun-5), and Bikas Harijan (18, resident of Manari, Nawalparasi), and Surendra Yadav (35, a local resident of Nawalparasi) were also injured when the police charged at them with batons. On 16 August Rakesh Roshan Yadav was injured after the police beat him with batons during the protests in Biratnagar, Morang. Mahesh Yadav the district head of Federal Socialist Forum, Nepal and one Anjay Mishra (30, a local resident of Biratnagar) have been arrested by Morang Police from the ongoing protest near Roadsesh Chowk, Biratnagar. As of 17 August, they had not been released yet. On 16 August, Dinanath Chaudhary, Tara Chandra Chaudhary, Dolraj Tharu, Dhan Bahadur Chaudhary and Madho Chaudhary were injured after police resorted to a baton charge during a protest in Basaha, Nawalparasi. The victims were taken to the hospital by their friends. They were admitted in Prithibi Chandra Hospital, Nawalparasi. They are discharged from the hospital on 17 August. According to the local witness, police beat them when they were trying to vandalize the vehicles on the road at 7 pm on 17 August in Basaha road, Nawalparasi. On 16 August, Munna Kohar (30, a local resident of Kusma-2, Nawalparasi), Narbade Chauhan (25, a local resident of Kusma-7, Nawalparasi) and Binay Gupta (25, a local resident of Harpur, Nawalparasi) had to be admitted to the Prithbi Chandra Hospital after were police beat them during the protest at Belashpur demanding an undivided Nawalparasi in the federal setup. Chauhan and Gupta have been discharged from the hospital on 17 August whereas Kohar is still in the hospital with a major injury on his head. On 17 August the undivided Nawalparasi Struggle Committee and United Democratic Madhesi Alliance continued the protest demanding the undivided Nawalparasi to be incorporated in the coming federal setup. During this protest Hafijulla (18, a local resident of Belaspur), Jay Ram Yadav (30, a local resident of Belaspur) were injured when police resorted to a baton charge. Ansari has sustained hand and leg injuries and Yadav has bruises on his chest. The protestors tried to vandalize the vehicles during the protest. Destruction of Public Property by protestors ---------------------------------------------- On 13 August the group demanding for Tharuhat state destroyed three ambulances along the East-West Highway. On 15 August three vehicles were put on fire by the protestors in Basabasahi, Nawalparasi and one scooter was broken down on Buddha Chowk, Rupandehi. Involvement of children in protests ------------------------------------ In Nepalgunj, Kohalpur and Muthaba of Banke district and Moghalma of Rupandehi, children between the age of 7 to 15 years were found by THRDA's HRDs to have participated in the protests called by Tharuhat Struggle Committee and United Madhesi Democratic Alliance. There were 40 children involved in the protests in Moghalma alone. The children were engaged in the protest during the school hours. It has yet to be determined who engaged the children. Conclusion ---------- The law enforcement bodies should comply with the Local Administration Act in exercising their discretion regarding the use of force, especially the use of live fire. THRDA calls for adequate investigations by an independent authority into the excessive use of force of the security forces, and the compensation of victims. Such actions will restore trust in the security forces and increase their accountability and legitimacy. THRDA urges the protestors to refrain from violence and destroying public property. THRDA also calls for protestors to put an immediate stop to involving children in demonstrations, which potentially exploits them to further political ends.
National/Online Media

0 Comments