थोरै विवेक र चातुर्य देखाऊ, द्वन्द्व समाधान हुन्छ

दीपेन्द्र झा
आजसम्मको इतिहासमा मधेसी, जनजाति, दलित र महिला भेदभावको शिकार रहेको कुरा भनिरहनु पर्दैन। त्यसमा पनि मधेसीहरूको पीडा अलि बेग्लै छ, मधेसीहरू अन्य समुदायभन्दा राज्यको हरेक तहमा अत्यन्त न्यून संख्यामा रहेका छन्, उनीहरूको भाषा र संस्कृति पहाडको भाषा र संस्कृतिभन्दा मौलिकरुपमा फरक रहेका कारण मधेसीहरूलाई  दोस्रो दर्जाको नागरिकको रुपमा व्यवहार गरिएको हो। २०६२–०६३ को आन्दोलनपछि यो विभेद अलिकति कमीमात्रै आएको छ, तर निर्मूल भएको होइन । कुनैपनि समुदायले राष्ट्रमा तबमात्र बराबरीको अधिकार र व्यवहार पाउँछ, जब उसको प्रतिनिधित्व समानुपातिकरुपमा राज्यको हरेक अंगमा रहन्छ। संघीयताले प्रदेशमा मधेसीहरूको भाषा र संस्कृतिको रक्षा गर्दा नेपाल देशभित्र उनीहरूको भाषा र संस्कृति पनि नेपालको महत्वपूर्ण भाषा र संस्कृति हो भन्ने बलियो सन्देश दिने छ, राष्ट्रिय राजनीतिमा मधेसीहरूको भूमिकालाई अझ प्रबल बनाउने छ, यही कारण संघीयताप्रति मधेस र मधेसीमा बढी लगाव रहेको छ।
अहिले जसरी संविधान बनिरहेको छ, यसबाट मूलतः यहाँको शाषक वर्ग लाभान्वित हुने छ, यस अर्थमा उनीहरूलाई बधाई दिनुपर्दछ । आजको यो विजेता वर्ग त्यही वर्ग हो, जसले पृथ्वीनारायण शाहको समयदेखि यो राष्ट्रमा हालीमुहाली गर्दै आएको छ ।
तर के यो विजेता वर्गको संविधान मधेसीले मान्नैपर्छ? अहिले नेपाली कांग्रेस र नेकपा एमालेका नेताहरूले हामीसँग प्रचण्ड बहुमत छ, हामीले दुई तिहाई बहुमतको आधारमा बनाएको संविधान अरुलाई अस्वीकार गर्ने अधिकार छैन भनेको सुनिन्छ। यिनीहरूले एउटा कुरा के विर्सिनुहुँदैन भने उनीहरूकै दलभित्रका सांसदहरूले पनि आज मधेसी दलहरूले उठाएका मुद्दाहरूलाई कुनै न कुनैरुपमा स्वीकार गरेका छन्, र पार्टीमा त्यसका लागि दवाव दिएका छन्, प्रश्न यतिमात्रै हो कि पार्टीको ह्विपको अगाडि उनीहरूले विद्रोह गरेका छैनन्।
मधेसीहरूले मधेसीको मुद्दामा समर्थन जनायो भने पहाडी समुदायको आँखामा ऊ राष्ट्रवादी हुनसक्दैन। यसको लागि सबैभन्दा राम्रो उदाहरण राष्ट्रपति रामवरण यादवज्यू हुनुहुन्छ । मधेस आन्दोलनताका उहाँले मधेसी दलहरूविरुद्ध बोलेको कुरालाई उहाँलाई काठमाडौंमा उदाहरणीय राष्ट्रवादी बनाएको थियो। अहिले हेर्नुहोस्, उहाँले सबै असन्तुष्ट समूहलाई मिलाएर लग्न दलहरूलाई प्रोत्साहित गर्दा राष्ट्रपतिलाई आफ्नो क्षेत्राधिकार मिचेको र मधेसी भएर काम गरेको आरोप लाग्न थालेको छ।
आज मधेसी जनता भन्दैछन्, लौ मनाउनुस् उल्लास र दीपावाली संविधानका लागि, तर  हाम्रा आफन्तजन जो प्रशर्दनका क्रममा मारिएका छन्, तिनीहरूको मलामी जान कर्फ्यु त हटाइदिनुहोस्, यति स्वतन्त्रता तपाईँको नयाँ संविधानमा पनि होलान नि? मधेसी जनतालाई लास सद्गत गर्नबाट रोक लगाएर, जुन दीपावलीको तयारी गरिदैछ, त्यो अलि सुहाएन कि? लासको चाँङमाथि झण्डोत्तोलनको तयारी अलि अशुभ हुन्छ। छिमेकीको घरमा अशुभ हुँदा अर्को छिमेकीले शोक मनाउने चलन छ।
मधेसमा बगेको रगत चाहे त मधेसीको होस् या हाम्रा पहाडीया दाजुभाइको होस्, त्यो सबै नेपालीको रगत हो र त्यसरी नेपालीको रगत बग्ने सिलसिलालाई तुरुन्त रोक्न राज्य र आन्दोलकारी दलको प्रयास हुनुपर्दछ। मुलुकमा अमन चैन र प्रगति कायम राख्न र असन्तुष्ट दलसँग वार्ता गर्न बढी लचकता भने सरकारले नै देखाउनुपर्दछ। प्रजातन्त्रको दुहाई दिने प्रधानमन्त्री सुशील कोइराला तथा नेकपा एमालेका अध्यक्ष केपी शर्मा ओलीलाई यो कुरा बारे हामीले धेरै भनिरहनुपर्दैन।
झण्डै एक महिनादेखि मधेस बन्द छ, मानिसहरू रोजीरोटीको समस्यामा छन्। यता प्रहरी प्रशासनबाट व्यापक धरपकड र दमन शुरु भएको छ, जसले गर्दा मधेसीहरू गाउँघर छोडेर सीमापारि शरण लिन बाध्य भैरहेका छन्।
आज मधेसमा प्रश्न उठिरहेको छ, हामी  कति दिनसम्म यसरी भागेर पारि बस्ने ? उनीहरूलाई डर छ, कतै पूर्वी नेपालमा भूटानी शरणार्थीहरूले पाल टाँगेर जीवन बिताएजस्तै उनीहरूलाई पनि त्यस्तो बाध्यता होला कि भन्ने।
मधेसीले के नै मागेका छन् र? मधेसीहरूले मधेसीको एक भोट र पहाडीको एक भोट बराबर होस् नै भनेका छन्। मधेसीले उनका दुई भोट पहाडी दाजुभाइको एक भोट नहोस् भनी जनसंख्याको आधारमा निर्वाचन प्रणाली राखियोस् भनेका छन मधेसीहरूले। भोट जनताले हाल्ने हो, माटो ढुंगाले होइन? यसकारण कसैको भोटको महत्व बढि र कसैको कम नहोस्। हरेक नेपालीको भोट बराबर हुने गरी जनसंख्यालाई आधार मानिनुपर्दछ। केही हिमाली जिल्लाको हकमा न्युनतम राखेर क्षतिपूर्ति गर्दा पहाड र मधेसले पक्कै पनि मान्दैनौ भन्दैन।
मधेसी र थारुले मधेसमा नवलपरासीदेखि सके कञ्चनपुर नभए कैलालीसम्मका पहाडी, मधेशी, थारु, मुस्लिम सबैसँग बस्ने गरी एउटा प्रदेश बनाइदिनुस् भनेका छन्। यो माग गर्नेहरूलाई  गोली हान्नु कत्तिको जायज थियो? यो राज्य मेरो पनि हो सबै जना बराबरी हुने गरी सयौं थुँगा फूलका मालाझै एकताको सूत्रमा हामी आबद्ध हुन चाहन्छौ भन्दा राज्य किन असहिष्णु भएको?
मधेसीहरूले जातीय होइन भौगोलिक पहिचानको आधारमा झापादेखि पर्सासम्म र नवलपरासीदेखि कञ्चनपुरसम्मको दुई प्रदेश भनेका छन्। तर पर्सादेखि सप्तरीसम्मका एउटा प्रदेश बनाइयो, जसको विरोधमा शुरु भएको आन्दोलनको क्रममा ४० जना मारिए। प्रहरी वा  वा प्रदर्शन जो मारिए पनि ती सबै नेपाली हुन्।
मधेशका जनता भयभित र त्रसित छन्। शान्तिपूर्ण आन्दोलन गर्न पाउने जनताको अधिकार हो। मधेसीहरूको प्रदर्शनमा घुसेका ह्रिंसक घुसपैठहरू पत्ता लगाउने र समात्ने कार्य राज्यको हो। मधेशका ९० प्रतिशत जनताले हामीलाई मत दिएका हुन् भनी धाक लगाउने तपाईँ नेताहरू कांग्रेस, एमाले र एमाओवादीमा हुनुहुन्छ। तर मधेसका जनता मारिँदा, कर्फ्युको त्रासमा कष्टकर जीवन बाँच्नुपर्दा, बन्दुकको कुन्दाले पिटिँदा, सुरक्षा अधिकारीहरूद्वारा दुर्व्यवहारको शिकार हुँदा तपाईँहरूलाई अलिकति पनि माया नलाग्ने कसरी होला?
फेरि अर्को चुनाव आउँदै छ, जनताले हिसाबकिताब राख्नेछन्। कलैयामा मारिएका हिफाजत मियाँले त झन कांग्रेसलाई नै भोट दिएका थिए, जसले भोट दिएर तपाईँहरूलाई सिंहदरबार पठाए आज तिनै व्यक्तिहरू तपाईहरूकै आदेशमा गोली खाइरहेका छन् । यो कस्तो लोकतन्त्र?
पुष्पकमल दाहाल 'प्रचण्ड'जीको धेरै कुरा भन्न पनि मन लाग्दैन। उहाँलाई काठमाडौंले अस्वीकार गर्दा सिराहाले शरण दिएको हो। गुन लगाउन नक्सनेहरू गुन लगाउनेविरुद्ध वैगुनी हुनुहुँदैन। आखिर तपाईँ त्यही मधेसी जनताको भोट पाएर संविधान सभाको रोष्ट्रममा उभिने हैसियत पाउनु भयो। तर अस्ति संविधानसभामा बोल्दा तिनलाई लक्षित हुने गरी बिखण्डनकारीको उपमा दिनुभयो। आखिर हिजो तपाईँहरूले बाचा गरेको आत्मनिर्णयको अधिकारलाई त्यसोभए के भन्ने?
तपाईंका मतदाता अब आत्मघाती र राष्ट्रघाती भए, होइन त? तपाईले बोलेका शब्दभित्र लुकेको भावार्थ त्यही हो, कमरेड। सैलुनमा कपाल काट्ने मेरो बाबु उमेरको ठाकुरले पहाडका १६ वर्षे ठिटालाई दाइ भन्नुपर्ने बाध्यताप्रति तपाईंका आँखा रसाँउदैनन्। कलंकी चोकमा बस चढ्न गएका मधेसी बोलाउँदा तपाईलाई त्यहाँ बिखण्डनकारी नजर आएन? मधेसीले अधिकार खोज्दा बिखण्डनकारी मात्र देख्नुभयो, हरेक तानाशाहले अधिकार खोज्नेहरूलाई साम्प्रदायिक, र विखण्डनकारी देख्छ। हरेक तानाशाहले राष्ट्रियताको भावना भड्काएर आफ्नो राजनीतिक स्वार्थ सिद्ध गर्न खोज्छ, यो कुरा इतिहासमा प्रमाणित छ।
एकजना पूर्वप्रधानमन्त्रीले एउटा अन्तर्वार्तामा सप्तरीदेखि पर्सासम्मको प्रदेशलाई धोती प्रदेश भन्नुभयो। उहाँले प्रष्ट शब्दमा यो कुरा नभने पनि मधेसप्रति उहाँको बुझाइमा जुन कमी छ, त्यसको पृष्ठभूमिमा मधेसीहरूले उहाँको अभिव्यक्तिलाई त्यही रूपमा बुझे। यदि उहाँले धोती प्रदेश नै भन्नुभएको हो भने धोती प्रदेश होइन हजुर ६ वटै टोपी प्रदेश बनाउनुस् भनेर म भन्दिनँ। धोती र टोपी दुवै अट्ने प्रदेश बनाउनुस्।
एउटा कुरा प्रचण्डजीले साँचो भन्नुभयो, काठमाडौंमा मधेसको अमिट छाप परेको छ, आखिर लिच्छवी र गोपाल वंशावलीहरू पनि मधेसी नै थिए। संविधान निर्माणको प्रक्रिया अन्तिम चरणमा छ, तर अझै ढिलो भएको छैन। रोकौं, बोलौं, अन्याय प्रति मौनताको बाँध तोडौं ।
आज मधेसीहरू भन्दैछन्, आफ्नै पसल बन्द गरेर आफैँलाई कत्ति गरिब बनाउनु? तर त्यसको अर्थ उनीहरू आत्मसमर्पण गर्ने मूडमा छन् भन्ने होइन, संघर्ष छोड्ने भनेको होइन। १९ दिनको जनआन्दोलनमा २० जना देशमा ज्यान गुमाए पछि राजा ज्ञानेन्द्रले गद्दी छोडे। अहिले २० जिल्लामा ४० को ज्यान गएपनि सत्ताधारी दलहरू केही नभएको बहाना गर्दैछन्। संविधानसभाबाट भएको मधेसी दलको बहिष्कारलाई लक्षित गरेर ओलीजीले त रुखबाट दुई चार आँप झारेर केही हुदैन सम्म भन्नुभयो।
महोत्तरीको बजराहीमा ट्युसन पढ्न गएका १६ बर्षका नाती रोहन चौधरी र नातीको लागि कात्रो किन्न गएका हजुरबा गणेश चौधरी दुवैको प्रहरीको गोली लागेर मृत्यु भयो। एसएसपी न्यौपाने, असई थमन बिक लगायत मारिएका सुरक्षाकर्मीका परिवारका पीडा र प्रदर्शनका क्रममा मारिएका ३३ जना पीडितको मधेशी परिवारका पीडा एउटै छ। मधेशी भनेका भेडा बाख्रा होइनन्, तिनको जीवनका पनि उत्तिकै महत्व छ।
दुश्मन देशका जनतासँग लडाई भएको होइन् आफ्नै देशका जनता मारिएका छन्। मधेसी र अन्य पछाडि परेको वर्ग र समुदायको भावनालाई तिरस्कार गरेर आज संविधान बनाउनेहरूले के विर्सिनुहुँदैन भने आजको जुन चेतना मधेसमा छ त्यसकै बलमा मधेसीहरू आन्दोलित बनेका छन्। अन्यायको बिरुद्द मधेसीहरू आन्दोलित भैरहेका छन्। संविधान निर्माणको क्रममा, अलिकति विवेक, चातुर्य र महानता देखाइयो भने द्वन्द्वको सम्भावना रोकिन्छ, होइन भने द्वन्द्वको मूल्य यो राष्ट्रले चुकाउनुपर्नेछ।

स्रोत: http://setopati.com/bichar/33923/

प्रेस विज्ञप्ति

मिति ः २०७२।०५।३० गते

मिति २०७२।०५।२९ गते रुपन्देहीको गोनहा गाविस वडा नं ६ बेथरीमा प्रहरीले चलाएको गोली लागेर बालक र किशोरी सहित चार जना मारिएको घटनाप्रति तराई मानवअधिकार रक्षक संजाल (थर्ड एलायन्स)को गम्भीर ध्यानाकर्षण भएको छ ।

भैरहवा लुम्बिनी सडक खण्डमा पर्ने बेथरी पुल नजिक हाटमा प्रहरीले गोली चलाउँदा चार बर्षीय बालक चन्दन पटेल, १४ बर्षीय किशोरी रञ्जना क्षेत्री, ३५ बर्षीय राजकुमार बरई र ३५ बर्षीय बिन्दु लाकोलको मृत्यु भएको छ । मृतक सबैको टाउको र छात्तीमा गोली लागेको अनुगमनको क्रममा भेटिएको छ ।

भैरहवाबाट मालवाहक गाडीको स्कटिङ गर्ने क्रममा बेथरी स्थित हाट बजारमा एक बृद्ध महिलालाई ट्रकले ठक्कर दिएपछि बजार गर्न आएका केही व्यक्ति उक्त गाडी रोक्न खोज्दा प्रहरीले बजारलाई नै निसाना बनाई अन्धाधुन्ध गोली प्रहार गरेको अनुगमनको क्रममा पाइएको छ । उक्त स्थानमा कुनै किसिमको आन्दोलन वा प्रदर्शन समेत नभएको पाइएको छ ।

सम्मानित सर्वाेच्च अदालतको संयुक्त इजलासले ज्यान जाने किसिमको शक्ति प्रयोग नगर्न अन्तरिम आदेश समेत गरिसकेको छ । तसर्थ राज्यले स्थानीय प्रशासन ऐन २०२८ को दफा ६ ले निर्धारण गरेको मापदण्डको विपरित बल प्रयोग गरेको देखिएकोले त्यस्ता कार्य तत्काल रोक्न र अदालतको आदेशको सम्मान गर्न राज्यसँग आग्रह गर्दछौं ।

.........................
रक्षाराम हरिजन
मानवअधिकार अधिकृत

प्रेस बिज्ञप्ति

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Situation Update from THRD Alliance

10 September 2015

THRD Alliance monitored the human rights situation in Biratnagar and Mahottari on 9 September. It found that the police once again used excessive force against protesters, resulting in three deaths and several life-threatening injuries. The monitoring team also found cruel, inhuman and degrading treatment of villagers, including women whose male relatives were suspected of being among the protesters. Road Shesh Chowk, Jatuwa Corner, Mahavir Chowk, Bhattimod and Budhnagar areas of Biratnagar remain tense.
On 9 September, Ram BibekYadav,Rohan Chaudhary of Jaleshwar-7 and Musba Kapad of Bakhari VDC, died on the spot at Mahendra Chowk,Jaleshwar, Mahottari district when police fired shots at a group of protestors. Later, three more protestors were seriously injured at Mahendra Chowk, Jaleshwar: Birendra Bichha, local resident of Pigauna VDC, sustained a bullet injury in his head; Shankar Paswan, of Ekdara VDC received a bullet in the left side of his waist and Shibendra Mahato, local resident of Pigauna VDC sustained a bullet injury in the right side of his waist. They were air lifted to Kathmandu for further treatment.Bichha has been admitted in Norvic Hospital where doctors are keeping him on aventilator. Paswan and Mahato were admitted to Bir Hospital.
Five more protestorsfrom Mahottari with bullet injuries were admitted at Janakpur Zonal Hospital: Santosh Sah of Jaleshwar; Lalendra Mandal of Kolhuwa; Mukesh Paswan of Jaleshwar; Rambabu Sah of Bahera and Surya Narayan Yadav of Madai.Around six thousand protestors participated from different parties belonging to the United Democratic Madhesi Front. Among the protestors, 40-50 had pelted stones on the Mahottari Police Post around 2:30 pm. After that, at a sudden, a van full of police came towards the protestors lobbing tear gas canisters. Around 40 rounds of tear gas were lobbed. At the meantime, police also opened live bullets on the scattered mass, according to a HRD associated with THRDA who was on the spot.
In Biratnagar, Morang district, almost 15 protestors of the Federal Socialist Forum and Madhesi Janadhikar Forum, Loktantrik officehad gathered at Road Shesh Chowk in Biratnagar. Police attacked them when they were sitting in their party offices. They also were seen misbehaving with women nearby the Sesh Chowk road. The women were seen bleeding from their hands when the bangles they were wearing broke due to use of force by the police.
Central member of Federal Socialist Forum-Nepal Ram Bilas Yadav sustained head injuries when police beat him with their rifle butt. He required five stitches after the incident. Yadav also sustained a fracture of one of his left fingers. He is undergoing treatment at Neuro Hospital at Biratnagar.
At Ward 22 of Biratnagar (Matiharwa) police entered homes of ordinary citizens and misbehaved withthem. Feroz Alam sustained bullet injuries when police fired shots at him when he was sitting in his own home. He is currently undergoing treatment in India. A THRD Alliance team saw police entering citizens' homes at Memun Tole and beating them in their own homes.
People feared that the police would shoot at them if they came out of their home and were scared of visiting their relatives at hospital. Muslim women told THRD Alliance that police threatened them saying that they would have to “pay a price” if their male family members would participate in the ongoing protest against the draft constitution.
Women at Farani, Budhnagar VDC said that the police arrested male villagers after a group of protestors vandalized a nearby police post. The whereabouts of the arrested villagers were unknown, claimed the local women. Village women said the police severely beat the local people. A team of Police deployed under the In-charge of Budhnagar Police Post arrested Bhakta Pradhan, Bhola Mahato, Nandu Das Tatma, Rakesh Kewat and Bishnu Kewat. Reportedly, these protestors were suspected of trying to kill some police officers but the police were not providing further details about this to local HRDs.Villagers also said the police threatened that they would “take revenge” at night.
Ganesh Yadav, 73, who was working as a watchman at Star Bank at Biratnagarwas beaten by the police with a rifle butt. He sustained injuries on his hand, head and leg. A 65-year-old pushcart operator was injured by the police when he was doing his duty. Both these old men are undergoing treatment at Koshi Hospital.

THRD ALLIANCE TERAI SITUATION REPORT

9 SEPTEMBER 2015

A THRD Alliance team visited Bara, Parsa and Rauthat districts to monitor inexplicable use of curfew and recorded first hand information on the situation of human rights in the Terai in the face of the ongoing agitation launched by Madhesi and Tharu people on 9 August. A total of 12 protesters have been killed in this part of the Central and East Terai. THRD Alliance was able to investigate seven of them.

There is serious concern that at least two out of the protesters killed on 31 August and 1 September (Raj Kishor Thakur in Rauthat and Dilip Chaurasiya in Parsa) in police firing were hit in the back. This suggests that the Nepal Police and Armed Police Force were shooting when people were fleeing rather than posing an imminent threat to life. One victim was shot twice while he lay injured on the ground (Hefajat Miya Ansari in Bara). All victims were found to have sustained bullet injuries above the knee in the head, chest and stomach, further suggesting that police were not minimizing their use of lethal force, as required under both international standards and national law.

Although the government has imposed a curfew in some district headquarters of the Terai, mainly to ease supplies getting to Kathmandu, the blocking of roads with trees and boulders by the local people, including by many youth suggest that the people of Madhes are supporting the ongoing agitation. Because the agitation has now become a matter of prestige for the Madhesi and Tharu people, the cadres of the agitating parties have brought food to the main centers of the district and are camping on the street to try to ensure the success of  their agitation. However, since this is a time to cultivate their crops, it will be costly for these rural cadres to remain on the street for long.

Parsa

Five people died in Birgunj as a result of  police opening fire on 31 August and 1 September. Dilip Chaurasiya, 28, a local resident of Parsa’s Maniyari VDC, was shot in the back near Parsa DDC on 31 August. He was rushed to Narayani Sub-regional Hospital, where he died. Dharma Raj Singh (30, of Bhawanipur, Maniyari), Bhola Prasad Sah and Dinanath Sah were killed at Laxmanuwa Chowk in Birgunj on 1 September. Sohan Kalbar died on the spot after being reportedly hit by a police bullet at Naguwa Chowk on the same day.

According to Dinesh Chandra Giri (local leader of the CPN-UML), the local residents of Parsa districts had initiated a protest, including by blocking the highway during the daytime from mid-August. At night the administration escorted lorries past the blockades to ensure supplies to Kathmandu.

From 28 August, all Madhesi leaders had agreed to gather near Ghantaghar, Birgunj and organize a political gathering, which had initially attracted around 4-500 people. Protestors had also organized a peaceful sit-in on the road near Nagwa, Birgunj to block any type of supplies to Kathmandu. In the evening police started removing the protestors, using a baton charge. Police also opened fire on the protestors after which Amiri Lal Raut[1] fell down after receiving pellets in his stomach. Along with him, 15 more people were injured.  From that day (28 August), this area was declared as prohibited by the local administration and on the next day (29 August) a curfew was imposed.

Because of the curfew, the local residents became angry and claimed that, if they were not able to protest, the state was not going to give them any rights. With this anger, the protestors forced the police to withdraw from the Ranighat Police Station.

They also set Parsa CPN-UML's party office on fire.  During this incident, Dilip Chaurasiya, a local resident of Birgunj, a resident of Maniyari-25, Birgunj received a bullet in his back.

The death of Dilip Chaurasiya on 31 August caused more unrest with people from different neighboring villages joining the agitation on 1 September. The situation became tense during this day.  There was a clash between police and the protestors when the agitators defied the curfew order at around 7:30 am.  

On the same day (1 September) Shanta Lal Yadav was injured when police opened fire on the people sitting at Inarwa chowk, Birgunj.

After such occurrences the local residents of Parsa district were incensed and their leaders along with the local residents said that they did not want any police offices in Parsa. Laxman Lal Karna, the deputy president of Sadbhavana Party, stated that the root causes of such incidents are the proposed seven state federal model and the efforts of the state to ensure that supplies continued to reach Kathmandu.  

Bara

The proposed seven states federal set-up, also caused the local residents of Kalaiya, headquarters of Bara district, to become agitated. Pramod Gupta, the ex-constituent assembly member from the Federal Socialist Forum, Nepal, stated: “peaceful protest and corner assemblies were taking place. Every day, 100-150 protestors joined the protest and by the evening of 31 August at Kalaiya chowk, we (the political parties) had organized laathi julus and around 20,000 people from different villages had joined the rally. It was a completely peaceful rally without incident ”

On 31 August at 4pm, around 30 protestors gathered near Dharmasala Chowk, to continue the agitation. Suddenly, a group of police arrived and immediately resorted to a baton charge. Everyone was shocked. The protestors were scattered after the laathi charge. Then the protestors pelted the police with stones.  Police opened fire on the scattered agitators and Hefajat Miya Ansari initially sustained a bullet injury in his right elbow. Eyewitnesses said police fired another two shots at him after he fell to the ground.  This video shows a period in the aftermath of this killing. Hefajat Miya’s body lay on the ground for half an hour before a police vehicle arrived to take it away.  The video linked below shows the last four and a half minutes of this period.
https://video-lhr3-1.xx.fbcdn.net/hvideo-xtf1/v/t42.3356-2/11851871_980272591993681_1804661527_n.mp4/video-1441687384.mp4.mp4?vabr=277205&oh=57c99609f7cc21e79383eec120295bb6&oe=55F031E6&dl=1   

The images in the video are deeply disturbing, and raise serious questions about police discipline and the effectiveness of commanders’ control of their men.  The police are shown making repeated obscene gestures at the unseen demonstrators. In Nepalese culture, the gestures seen are considered to be very offensive. The police can be seen directing an endless stream of invective at the demonstrators and eyewitnesses said that the language used was racist in the extreme.  There is no attempt made to treat the body with any respect. At one stage, some 20 police can be seen gathered round it as if it was some sort of spectacle. Eyewitnesses said that in the period of 25 minutes before this video was taken, police were seen kicking the body and that DSP Binodh Sharma urinated on it; an allegation THRD Alliance was not able to confirm.

On the same day (1 September) Rajababu Sah (aged 14), a juvenile of Kalaiya 10, received a pellet injury in his cheek when police opened fire on the scattered protestors. Three police personnel from the Nepal Police were involved in this incident. Abhinandan Kumar Gupta (a local resident of Kalaiya-6), a witness, stated that two of them had masks, two carried guns and each one carried a baton.

Rauthat

According to local leaders, the reason for the protests in Rauthat was the same: the proposed seven state federal model. On 24 August, the protestors had gathered in Gaur, the headquarters of Rauthat district, to paint "Madhes Sarkar" on the official board of the government offices. A large number of women participated in this demonstration. The protestors carried "symbolic swords" (made of wood). Yogendra Yadav, the central member of Sadbhawana Party said that until 4 pm the protest was peaceful, Yogendra Yadav stated: “Suddenly, police started resorted to a baton charge on the protestors, which resulted in around sixty five protestors receiving injuries from rubber bullets.”  At around 4:30 pm Rauthat was declared as a riot-hit area.  

The campaign of replacing the government offices board with "Madhes Sarkar" was continued on 25 August despite the declaration of a riot-hit area.  The CDO had also imposed a curfew in Gaur. Despite this, thousands of protestors defied the curfew and came to replace the office boards.  The protestors were stopped at a distance of 500 meters from the BP chowk. The situation became tense. The protestors started pelting stones at the police and security reinforcements opened fire on the protestors.

Raj kishor Thakur, a bystander, was killed by police fire while he was making a phone call. (See box 3) Thakur’s dead body was kept in the hospital for a week and no one had access to the hospital as it was totally controlled by security forces.

Conclusion

The prolonged general strike has made life very difficult in the southern plains. There is severe shortage of essentials and medicines. Shops and factories are closed. Daily wage earners have difficulty managing two meals a day. Protesters have set fire to the police stations and government offices.  Because of fear of attack, the APF and Nepal police evacuated their personnel from some of its bases in the district in Rauthat, Bara and Parsa.

Locals refused to rent their houses to police and refused to sell daily goods to them. This makes police life difficult. Government officials including judges are returning to Kathmandu due to continuous attack on government offices by the protesters. The protesters have also targeted NC and UML party offices.

In Parsa, Bara and Rauthat, it was found that police opened fire, hitting people in the back. The Local Administration Act has laid down steps to follow in crowd control the mob, setting out. In none of the protests in the Terai investigated by THRD Alliance, was tear gas or a water cannon used to disperse the mob; rather the security forces used lathis and then immediately resorted to life live ammunition.

Moreover, the state needs to think about the scale and nature of the escalating protest. The situation is more dangerous than the state thinks. For instance, Bhairahwa has been declared as a prohibited area, there is no agitation. Most of the rural areas of Nawalparasi, Kapilvastu, Rupandehi, Parsa and Bara are extremely tense. Because of the excessive use of force by police, people are angry and more violence can erupt at anytime.

The way Kalaiya residents have decided that their market will not provide any types of service to police personnel should be a matter of deep concern to the police.

On Saturday, the last day of the deadline for registering amendment proposals on the draft constitution, the big three parties had the chance to show some flexibility by extending the deadline even by a few days. Over 20,000 people took part in the funeral procession in Birgunj on that day, but the big three parties and the government ignored this event and went ahead as scheduled. This has further angered people in Madhes. The general perception in the Terai is that "the demands of Karnali and Mid-Western region people, particularly the residents of Surkhet, were addressed but the demands of Madhesis and Tharus have been ignored"; “police use water to disperse mass protests in Kathmandu, but fire live bullets in the Terai. why this different treatment?" These are the questions we heard everywhere. If the big three parties continue to ignore the concerns of the Madhesi and Tharu people, that could cause further anger which could lead to communal clashes in the southern plains.

Recommendations

To the international community:

1.      Bring the three parties/government and the agitating Madhesi, Tharu and Janajati groups to the negotiating table to find a solution to the key issues regarding the Constitution, including federal boundaries, citizenship, proportional inclusion and demarcation of electoral constituencies.

2.      Advice the government to create a suitable environment for the aggrieved groups to come back into the constitution process.

3.      Encourage the security forces to minimize the use of lethal force, as required under both international standards and national law.

4.      Ask the protesting parties to seek a peaceful resolution; to ensure no children take part; not to stop the public from renting rooms and selling daily goods to the security forces.

5.      Ask the Constituent Assembly to consider allowing the necessary time to facilitate solutions to the current stand-off.

NHRC

1.      Carry out impartial and credible monitoring of protests in terms of International principles regarding crowd control and Excessive Use of Force by state security forces and possible misuse/inappropriate use of curfews

2.       Immediately investigate the killings at Parsa, Bara, Rauthat, Tikapur, Bhardha and Bhairhwa and recommend prosecution of those responsible for the deliberate or indiscriminate killing of protesters and excessive use of force.

3.      Release the report as soon as possible with a specific recommendation to use lethal force only when absolutely necessary to protect life.

4.      Recommend compensation to the victims’ families.

The government

1.      Reverse the 24 hours curfews and unnecessary prohibitory order at a time when people are expressing their concern on the constitution.

2.      The government should immediately provide compensation to the victims and provide a rehabilitation package to the family members of those who were killed.

3.      Ensure proper treatment of the injured.

The security forces

1.      All law enforcement officials should comply with Nepal’s obligations under international law to use force only when necessary for legitimate aims and, even where force is warranted, to only use only the minimal force necessary in order to ensure public safety and protection of the rights and freedoms of others.

2.      Any police found to have engaged in racist abuse should be immediately suspended and charged with a disciplinary offence.

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[1] Central Committee Member of Madhesi Janadhikar Forum - Loktantrik (MJF-L)

THRD ALLIANCE TERAI SITUATION REPORT

9 SEPTEMBER 2015

A THRD Alliance team visited Bara, Parsa and Rauthat districts to monitor inexplicable use of curfew and recorded first hand information on the situation of human rights in the Terai in the face of the ongoing agitation launched by Madhesi and Tharu people on 9 August. A total of 12 protesters have been killed in this part of the Central and East Terai. THRD Alliance was able to investigate seven of them.

There is serious concern that at least two out of the protesters killed on 31 August and 1 September (Raj Kishor Thakur in Rauthat and Dilip Chaurasiya in Parsa) in police firing were hit in the back. This suggests that the Nepal Police and Armed Police Force were shooting when people were fleeing rather than posing an imminent threat to life. One victim was shot twice while he lay injured on the ground (Hefajat Miya Ansari in Bara). All victims were found to have sustained bullet injuries above the knee in the head, chest and stomach, further suggesting that police were not minimizing their use of lethal force, as required under both international standards and national law.

Although the government has imposed a curfew in some district headquarters of the Terai, mainly to ease supplies getting to Kathmandu, the blocking of roads with trees and boulders by the local people, including by many youth suggest that the people of Madhes are supporting the ongoing agitation. Because the agitation has now become a matter of prestige for the Madhesi and Tharu people, the cadres of the agitating parties have brought food to the main centers of the district and are camping on the street to try to ensure the success of  their agitation. However, since this is a time to cultivate their crops, it will be costly for these rural cadres to remain on the street for long.

Parsa

Five people died in Birgunj as a result of  police opening fire on 31 August and 1 September. Dilip Chaurasiya, 28, a local resident of Parsa’s Maniyari VDC, was shot in the back near Parsa DDC on 31 August. He was rushed to Narayani Sub-regional Hospital, where he died. Dharma Raj Singh (30, of Bhawanipur, Maniyari), Bhola Prasad Sah and Dinanath Sah were killed at Laxmanuwa Chowk in Birgunj on 1 September. Sohan Kalbar died on the spot after being reportedly hit by a police bullet at Naguwa Chowk on the same day.

According to Dinesh Chandra Giri (local leader of the CPN-UML), the local residents of Parsa districts had initiated a protest, including by blocking the highway during the daytime from mid-August. At night the administration escorted lorries past the blockades to ensure supplies to Kathmandu.

From 28 August, all Madhesi leaders had agreed to gather near Ghantaghar, Birgunj and organize a political gathering, which had initially attracted around 4-500 people. Protestors had also organized a peaceful sit-in on the road near Nagwa, Birgunj to block any type of supplies to Kathmandu. In the evening police started removing the protestors, using a baton charge. Police also opened fire on the protestors after which Amiri Lal Raut[1] fell down after receiving pellets in his stomach. Along with him, 15 more people were injured.  From that day (28 August), this area was declared as prohibited by the local administration and on the next day (29 August) a curfew was imposed.

Because of the curfew, the local residents became angry and claimed that, if they were not able to protest, the state was not going to give them any rights. With this anger, the protestors forced the police to withdraw from the Ranighat Police Station.

They also set Parsa CPN-UML's party office on fire.  During this incident, Dilip Chaurasiya, a local resident of Birgunj, a resident of Maniyari-25, Birgunj received a bullet in his back.

The death of Dilip Chaurasiya on 31 August caused more unrest with people from different neighboring villages joining the agitation on 1 September. The situation became tense during this day.  There was a clash between police and the protestors when the agitators defied the curfew order at around 7:30 am.  

On the same day (1 September) Shanta Lal Yadav was injured when police opened fire on the people sitting at Inarwa chowk, Birgunj.

After such occurrences the local residents of Parsa district were incensed and their leaders along with the local residents said that they did not want any police offices in Parsa. Laxman Lal Karna, the deputy president of Sadbhavana Party, stated that the root causes of such incidents are the proposed seven state federal model and the efforts of the state to ensure that supplies continued to reach Kathmandu.  

Bara

The proposed seven states federal set-up, also caused the local residents of Kalaiya, headquarters of Bara district, to become agitated. Pramod Gupta, the ex-constituent assembly member from the Federal Socialist Forum, Nepal, stated: “peaceful protest and corner assemblies were taking place. Every day, 100-150 protestors joined the protest and by the evening of 31 August at Kalaiya chowk, we (the political parties) had organized laathi julus and around 20,000 people from different villages had joined the rally. It was a completely peaceful rally without incident ”

On 31 August at 4pm, around 30 protestors gathered near Dharmasala Chowk, to continue the agitation. Suddenly, a group of police arrived and immediately resorted to a baton charge. Everyone was shocked. The protestors were scattered after the laathi charge. Then the protestors pelted the police with stones.  Police opened fire on the scattered agitators and Hefajat Miya Ansari initially sustained a bullet injury in his right elbow. Eyewitnesses said police fired another two shots at him after he fell to the ground.  This video shows a period in the aftermath of this killing. Hefajat Miya’s body lay on the ground for half an hour before a police vehicle arrived to take it away.  The video linked below shows the last four and a half minutes of this period.
https://video-lhr3-1.xx.fbcdn.net/hvideo-xtf1/v/t42.3356-2/11851871_980272591993681_1804661527_n.mp4/video-1441687384.mp4.mp4?vabr=277205&oh=57c99609f7cc21e79383eec120295bb6&oe=55F031E6&dl=1   

The images in the video are deeply disturbing, and raise serious questions about police discipline and the effectiveness of commanders’ control of their men.  The police are shown making repeated obscene gestures at the unseen demonstrators. In Nepalese culture, the gestures seen are considered to be very offensive. The police can be seen directing an endless stream of invective at the demonstrators and eyewitnesses said that the language used was racist in the extreme.  There is no attempt made to treat the body with any respect. At one stage, some 20 police can be seen gathered round it as if it was some sort of spectacle. Eyewitnesses said that in the period of 25 minutes before this video was taken, police were seen kicking the body and that DSP Binodh Sharma urinated on it; an allegation THRD Alliance was not able to confirm.

On the same day (1 September) Rajababu Sah (aged 14), a juvenile of Kalaiya 10, received a pellet injury in his cheek when police opened fire on the scattered protestors. Three police personnel from the Nepal Police were involved in this incident. Abhinandan Kumar Gupta (a local resident of Kalaiya-6), a witness, stated that two of them had masks, two carried guns and each one carried a baton.

Rauthat

According to local leaders, the reason for the protests in Rauthat was the same: the proposed seven state federal model. On 24 August, the protestors had gathered in Gaur, the headquarters of Rauthat district, to paint "Madhes Sarkar" on the official board of the government offices. A large number of women participated in this demonstration. The protestors carried "symbolic swords" (made of wood). Yogendra Yadav, the central member of Sadbhawana Party said that until 4 pm the protest was peaceful, Yogendra Yadav stated: “Suddenly, police started resorted to a baton charge on the protestors, which resulted in around sixty five protestors receiving injuries from rubber bullets.”  At around 4:30 pm Rauthat was declared as a riot-hit area.  

The campaign of replacing the government offices board with "Madhes Sarkar" was continued on 25 August despite the declaration of a riot-hit area.  The CDO had also imposed a curfew in Gaur. Despite this, thousands of protestors defied the curfew and came to replace the office boards.  The protestors were stopped at a distance of 500 meters from the BP chowk. The situation became tense. The protestors started pelting stones at the police and security reinforcements opened fire on the protestors.

Raj kishor Thakur, a bystander, was killed by police fire while he was making a phone call. (See box 3) Thakur’s dead body was kept in the hospital for a week and no one had access to the hospital as it was totally controlled by security forces.

Conclusion

The prolonged general strike has made life very difficult in the southern plains. There is severe shortage of essentials and medicines. Shops and factories are closed. Daily wage earners have difficulty managing two meals a day. Protesters have set fire to the police stations and government offices.  Because of fear of attack, the APF and Nepal police evacuated their personnel from some of its bases in the district in Rauthat, Bara and Parsa.

Locals refused to rent their houses to police and refused to sell daily goods to them. This makes police life difficult. Government officials including judges are returning to Kathmandu due to continuous attack on government offices by the protesters. The protesters have also targeted NC and UML party offices.

In Parsa, Bara and Rauthat, it was found that police opened fire, hitting people in the back. The Local Administration Act has laid down steps to follow in crowd control the mob, setting out. In none of the protests in the Terai investigated by THRD Alliance, was tear gas or a water cannon used to disperse the mob; rather the security forces used lathis and then immediately resorted to life live ammunition.

Moreover, the state needs to think about the scale and nature of the escalating protest. The situation is more dangerous than the state thinks. For instance, Bhairahwa has been declared as a prohibited area, there is no agitation. Most of the rural areas of Nawalparasi, Kapilvastu, Rupandehi, Parsa and Bara are extremely tense. Because of the excessive use of force by police, people are angry and more violence can erupt at anytime.

The way Kalaiya residents have decided that their market will not provide any types of service to police personnel should be a matter of deep concern to the police.

On Saturday, the last day of the deadline for registering amendment proposals on the draft constitution, the big three parties had the chance to show some flexibility by extending the deadline even by a few days. Over 20,000 people took part in the funeral procession in Birgunj on that day, but the big three parties and the government ignored this event and went ahead as scheduled. This has further angered people in Madhes. The general perception in the Terai is that "the demands of Karnali and Mid-Western region people, particularly the residents of Surkhet, were addressed but the demands of Madhesis and Tharus have been ignored"; “police use water to disperse mass protests in Kathmandu, but fire live bullets in the Terai. why this different treatment?" These are the questions we heard everywhere. If the big three parties continue to ignore the concerns of the Madhesi and Tharu people, that could cause further anger which could lead to communal clashes in the southern plains.

Recommendations

To the international community:

1.      Bring the three parties/government and the agitating Madhesi, Tharu and Janajati groups to the negotiating table to find a solution to the key issues regarding the Constitution, including federal boundaries, citizenship, proportional inclusion and demarcation of electoral constituencies.

2.      Advice the government to create a suitable environment for the aggrieved groups to come back into the constitution process.

3.      Encourage the security forces to minimize the use of lethal force, as required under both international standards and national law.

4.      Ask the protesting parties to seek a peaceful resolution; to ensure no children take part; not to stop the public from renting rooms and selling daily goods to the security forces.

5.      Ask the Constituent Assembly to consider allowing the necessary time to facilitate solutions to the current stand-off.

NHRC

1.      Carry out impartial and credible monitoring of protests in terms of International principles regarding crowd control and Excessive Use of Force by state security forces and possible misuse/inappropriate use of curfews

2.       Immediately investigate the killings at Parsa, Bara, Rauthat, Tikapur, Bhardha and Bhairhwa and recommend prosecution of those responsible for the deliberate or indiscriminate killing of protesters and excessive use of force.

3.      Release the report as soon as possible with a specific recommendation to use lethal force only when absolutely necessary to protect life.

4.      Recommend compensation to the victims’ families.

The government

1.      Reverse the 24 hours curfews and unnecessary prohibitory order at a time when people are expressing their concern on the constitution.

2.      The government should immediately provide compensation to the victims and provide a rehabilitation package to the family members of those who were killed.

3.      Ensure proper treatment of the injured.

The security forces

1.      All law enforcement officials should comply with Nepal’s obligations under international law to use force only when necessary for legitimate aims and, even where force is warranted, to only use only the minimal force necessary in order to ensure public safety and protection of the rights and freedoms of others.

2.      Any police found to have engaged in racist abuse should be immediately suspended and charged with a disciplinary offence.

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[1] Central Committee Member of Madhesi Janadhikar Forum - Loktantrik (MJF-L)