Landmine Monitor Report 2004 - Nepal
Nepal
Key developments since May 2003: There were no confirmed instances of new mine
use by security forces or Maoist rebels during the cease-fire from January to
August 2003, but in the wake of renewed fighting since then, both sides are
again laying mines or improvised explosive devices in significant numbers. There
are no humanitarian demining programs in Nepal, but the Royal Nepalese Army
reportedly removed mines in 25 districts in 2003. The first mine risk education
activities were initiated by the Nepal Campaign to Ban Landmines in 2003 and
2004.
Key developments since 1999: Government forces and Maoist rebels have used antipersonnel
landmines and improvised explosive devises in the internal conflict, which began
in 1996. The Maoists have used mines/IEDs much more extensively than security
forces. The use of mines and IEDs increased every year from 1999 to 2002, until
the cease-fire which lasted from January to August 2003. There were no confirmed
instances of new mine use during the cease-fire, but in the wake of renewed
fighting since then, both sides are again laying mines or IEDs in significant
numbers. All 75 districts are now affected, compared to four in 1999. The government
did not officially acknowledge using mines until 2002. The Army has also acknowledged
that Nepal produces antipersonnel mines, a previously unknown fact.
Nepal has voted in support of every pro-ban UN General Assembly resolution since
1996, and has participated in many Mine Ban Treaty meetings. Some of Nepal’s
most senior officials have expressed support for a ban. Nepalese leaders have
since 1999 regularly stated that Nepal is carefully studying accession to the
Mine Ban Treaty.
There have been no formal surveys or assessments of the mine situation of Nepal.
There are no humanitarian demining programs in Nepal. Mine risk education activities
were initiated in 2003 and 2004. Handicap International started a program to
support persons with disabilities in 2001. Nepal has taken special measures
to aid victims of the conflict and acknowledges that assistance to landmine
survivors is an obligation of the state. Since 2000, the number of landmine
casualties is increasing although no comprehensive statistics are available.
Mine Ban Policy
The Kingdom of Nepal has not acceded to the Mine Ban Treaty. Nepal has given
very mixed signals about its support for a mine ban, its reasons for not acceding
to date, and its intention to join the treaty at some point. On the positive
side, Nepal has voted in support of every pro-ban UN General Assembly resolution
since 1996, including Resolution 58/53 on 8 December 2003 calling for universalization
of the Mine Ban Treaty. Nepal attended all the Ottawa Process meetings, the
negotiations and the treaty signing ceremony, though only as an observer. While
it did not attend the Fifth Meeting of States Parties in Bangkok in September
2003, it participated in the intersessional Standing Committee meetings in February
and June 2004. Nepal attended the annual States Parties meetings in 1999, 2000
and 2002, and Standing Committee meetings in September and December 1999.
Some of Nepal’s most senior officials
have expressed support for a ban. In January 2000, Nepal’s Prime Minister
told Landmine Monitor that he believed the use of antipersonnel mines “should
be prohibited. Nepal is steadfast on it.”[1]
In January 2001, the Minister for Law, Justice and Parliamentary Affairs said
the government was positive about the treaty, and that the government was making
preparations to join.[2] Various political
party leaders and Members of Parliament expressed their commitment to ban landmines
at a national seminar on landmines in February 2002.[3]
In October 2002, Nepal’s Permanent Representative to the UN said, “Opposed
to anti-personnel landmines, Nepal has actively participated in the evolution
of the convention to control them, and our moral commitment to it remains strong.
When the time is ripe, we will be happy to join the rank of those that have
the privilege of becoming a party to that very important global treaty.”[4]
Among those expressing support in the past
have been former Prime Minister Sher Bahadur Deuwa,[5]
Minister of Law, Justice and Parliamentary Affairs Mahanta Thakur,[6]
and Minister for Foreign Affairs Arjun Jang Bahadur Singh,[7]
as well as representatives of the Social Justice Committee,[8]
the Human Rights and Foreign Affairs Committee,[9]
the Law and Justice Committee,[10] and
the National Human Rights Commission.
In February 2004, in a statement to Mine
Ban Treaty States Parties, a Nepalese official said, “We are confident
that an endeavor like this Landmines Prohibition Convention is a significant
breakthrough in order to achieve regional and global peace.... I recognize that
the Convention is consistent with and supportive of national human security
and it makes consolidation and betterment of the peace and brotherhood. There
is no difference of opinion that this human atrocity, which causes devastating,
insidious and barbarous effects, should be eliminated.... Nepal is nearer to
the Convention.”[11]
It is also notable that in 2002 the Parliament
passed the Terrorist and Destructive Activities (Control and Punishment) Act,
which included landmines under the definition of bombs, making the use and possession
of landmines by civilians a terrorist act.[12]
Despite these encouraging statements and
indicators of support for the mine ban, government forces have used antipersonnel
mines in increasing numbers since 1999, as the war with Maoist rebels has expanded,
and in 2002 the Army admitted that it is also producing antipersonnel mines.
Nepalese leaders have since 1999 stated that Nepal
is carefully studying accession to the Mine Ban Treaty, but no progress ever
seems to be made. In June 2004, a Ministry of Defense official told Mine Ban
Treaty States Parties, “His Majesty’s Government of Nepal is studying
the full implications of this convention at the moment.”[13]
It was also reported in June that the government is going to form a committee
to study the impact of accession to the Mine Ban Treaty on Nepal’s security
situation, and to make recommendations regarding the advantages and disadvantages
of joining. The committee will have members of the ministries of defense, home,
law and foreign affairs, as well as a representative of the Nepal Campaign to
Ban Landmines (NCBL).[14]
[1] Interview with Krishna Prasad Bhattarai, Prime Minister, Panchkhal, Kavre, 16 January 2000.
[2] “HMG preparing to sign Ottawa Convention,” The Rising Nepal, 30 January 2001.
[3] Statements made at national seminar on “Emergency and Landmines,” Kathmandu, 7 February 2002.
[4] Statement by Murari Raj Sharma, Permanent Representative of Nepal to the UN, General Debate of the First Committee, UN General Assembly 57th Session, New York, 4 October 2002.
[5] Statement by Sher Bahadur Deuwa, Former Prime Minister, Second National Conference organized by the Nepal Campaign to Ban Landmines, 4 July 1999.
[6] Statement by Mahanta Thakur, Minister of Law and Justice, at “South Asian Landmine Monitor Meeting,” 29 January 2001.
[7] Statement by Arjun Jang Bahadur Singh, State Minister, Ministry of Foreign Affairs, national seminar on “Emergency and Landmines,” 7 February 2002.
[8] Statement by Jeevan Prem Shrestha, Chairman, Social Justice Committee, Upper House, at “Role of Parliamentarian on Banning Landmines,” 1999.
[9] Statement Som Prasad Pandey, Member, Human Rights and Foreign Affairs Committee, House of Representatives, “South Asian Landmine Monitor Meeting,” 29 January 2001; national seminar on “Emergency and Landmines,” 7 February 2002.
[10] Statement Prem Bahadur Singh, Law and Justice Committee, House of Representatives, national seminar organized by NCBL, 11-12 December 2002.
[11] Bhupendra Prasad Poudyal, “Note paper on Convention on the Prohibition of the use, Stockpiling, Production and Transfer of Anti Personnel Mines and on Their Destruction, 1997,” Geneva, 11 February 2004.
[12] Nepal Ain Sangraha [Collection of Acts], Terrorist and Destructive Activities (Control and Punishment) Act, 2058 (2002).
[13] Statement by Nepal, Standing Committee on the General Status and Operation of the Convention, Geneva, 25 June 2004.
[14] “Nepal moots signing mine-ban treaty,” The Himalayan Times, 15 June 2004. NCBL had requested the formation of such a national committee following discussions with the Ministry of Defense earlier in 2004.
[15] Interview with Prime Minister Krishna Prasad Bhattarai, 16 January 2000.
[16] Interview with Chakra Prasad Bastola, Ministry of Foreign Affairs, Pulchok, 30 January 2001.
[17] Statement by Arjun Jung Bahadur Singh, Minister of Foreign Affairs, Kathmandu, 7 February 2002.
[18] Interview with Pushkar Man Singh Rajbhandary, Chief of UN Division, Ministry of Foreign Affairs, Kathmandu, 27 December 2002.
[19] Interview with Shrestha, UN Division, Ministry of Foreign Affairs, Kathmandu, 26 February 2004.
[20] Statement by Nepal, Standing Committee on the General Status, 25 June 2004.
[21] See the NCBL website, www.nepal.icbl.org .
[22] Participants included Chakra Prasad Bastola, Nepalese Congress; Jhalanath Khanal, Communist Party of Nepal (UML); Padma Ratna Tuladhar, Shiva, National Human Rights Commission; Elizabeth Reusse-Decrey, Geneva Call; and Purna Shova Chitrakar, NCBL.
[23] See Landmine Monitor Report 2003, p. 653.
[24] Interview with Gopendra Bahadur Pandey, Spokesperson, Ministry of Home Affairs, Singhdarbar, Kathmandu, 31 December 2002.
[25] Interview with Col. Deepak Gurung, Spokesperson, Royal Nepalese Army, 14th Brigade Office, Kathmandu, 13 February 2004. The Fourteenth Brigade of the Royal Nepalese Army, based in Kathmandu, is responsible for all tasks related to mines.
[26] Statement by Col. Deepak Gurung, Royal Nepalese Army, in Nepali Times Weekly, 21-27 November 2003.
[27] Statement by Maj. Bhakta Bahadur Karki, Chief of the Barracks, Dhading, at “Landmines/IEDs, Its effect on people and Danger,” 18 April 2004.
[28] “Government to outline defence policy on landmines,” Himalayan Times, 3 February 2004.
[29] Interview with Col. Deepak Gurung, Royal Nepalese Army, 13 February 2004.
[30] Interviews with NCBL members, local leaders and social workers in 25 districts in January and February 2004.
[31] Interview with Dr. Kashi Ram Kunwar, Senior Superintendent of Police, Dipendra Police Hospital, Kathmandu, 2 March 2004.
[32] The Himalaya Times Daily, and Kantipur Daily, 22 March 2003.
[33] Kantipur Daily, 11 October 2003.
[34] Kantipur Daily, 26 July 2003.
[35] Interview with Ratna Kumar Sharma Neupane, former parliamentarian and member of NCBL, Jajarkot, 6 April 2004.
[36] Kantipur Daily, 26 July 2003.
[37] Ibid.
[38] Interview with Shiva Shrestha, local political leader, Gorkha District, 31 January 2004.
[39] Interview with Devilal Thapa, former Parliamentarian and local political leader, Jumla, 3 March 2004.
[40] Interview with Goma Devi Devkota, former Parliamentarian, 28 April 2004.
[41] Himalayan Times, 3 February 2004; Himal, 2-15 December 2003.
[42] Statement by Prachanda, Supreme Command of the Maoists, 21 October 2003, reprinted in various newspapers.
[43] Interviews with local people of Rukum, Salyan, and Ramechhap Districts, February 2004.
[44] Interview with Arun Nepal, local political leader, Sindhupalchok, 7 January 2004.
[45] Interview with Madhav Aryal, businessman, and Ashok Ghimire, social worker, Rasuwa District, 10 January 2004.
[46] Interview with Ratna Prasad Sharma Neupane and Damar Bahadur Singh, 6 April 2004.
[47] Ibid.
[48] Capt. Anup Adhikari, Statement to Interaction Program on Clearance of Landmines, 4 August 2002.
[49] ICBL Non-State Actors Working Group, “Nepal Mission Report,” 8-14 June 2003.
[50] Landmine Monitor Report 2001, p. 564. There has been speculation that mines may be produced at several factories known to produce explosives, ammunition or other weapons, such as those in Swyambhu, Sundarijal, Gatthaghar, and Makawanpur.
[51] Interview with Col. Deepak Gurung, Royal Nepalese Army, 26 December 2002. For an earlier denial, see Landmine Monitor Report 2002, p. 720.
[52] ICBL NSA Working Group Press Statement, Nepal Mission, 15 June 2003. Asked if the production took place at Swyambhu or Sundarijal, he answered no, indicating there was a factory in the area near Army headquarters. Email to Landmine Monitor (HRW) from NCBL, 16 July 2003.
[53] Interview with Col. Deepak Gurung, Royal Nepalese Army, 13 February 2004. See also, quotes from Col. Deepak Gurung in Nepali Times Weekly, 21-27 November 2003.
[54] Nepal National Weekly, Vol. 4, No. 17, 11 April 2004; Nepali Times Weekly, 21-27 November 2004; Himalayan Times, 3 February 2004.
[55] NCBL, “The Growing Threat of landmines in Nepal” (Collection of newspaper articles from January to December 2003).
[56] The Himalayan Times, 18 December 2003.
[57] Interview with Col. Deepak Gurung, Royal Nepalese Army, 26 December 2002.
[58] Statement by Shyam Saran, Ambassador of India, reported in Rajdhani Daily, 21 December 2003; Kantipur Daily, 14 August 2003.
[59] Kantipur Daily, 18 August 2003.
[60] Exchange rate: Nepalese Rupee 1 = US$0.01344, www.oanda.com 24 July 2004.
[61] Kantipur Daily, 28 December 2003.
[62] Interview with Subas Karmacharya, former Member of Parliament, Sindhupalchok, 5 January 2004.
[63] NCBL, “The Growing Threat of landmines in Nepal,” 2003.
[64] Kantipur Daily, 27 April 2004.
[65] Interviews with seven villagers, Ramechhpap, 10 March 2004.
[66] NCBL, “The Growing Threat of landmines in Nepal,” 2003.
[67] Rajendra Prasad Pandey, former Member of Parliament, Dhading, 3 March 2004.
[68] Interview with Maj. Bhakta Bahadur Karki, Dhading, 18 April 2004.
[69] Information provided by Purna Shova, NCBL, Sarajevo, 4 May 2004. See www.nepal.icbl.org.
[70] See www.nepal.icbl.org .
[71] Email to LM from Purna Shova, NCBL, 1 August 2004. In the past, the NCBL has helped to raise awareness of the dangers of mines by distributing picture books and brochures, and conducting regular educational meetings.
[72] UNICEF Nepal, “Draft Minutes of the 5th MRE meeting,” Kathmandu, June 2004.
[73] Email from Reuben McCarthy, MRE Project Officer, UNICEF New York, 10 June 2004.
[74] “Update from UNICEF,” MASG Newsletter, April 2004; email from Reuben McCarthy, UNICEF, 8 July 2004.
[75] “Update from UNICEF,” MASG Newsletter, April 2004, p. 15.
[76] Statement by Rana Bahadur Chanda, Deputy Superintendent of Nepal Police, national seminar on “Landmines and Disability” and Landmine Monitor Release Event, Kathmandu, 3 December 2004.
[77] Statement by Bishnu Datta Upreti, Secretary of the Ministry of Defense, Katmandu, 10 June 2004.
[78] Interview with Biswo Shahi, Police Superintendent, Terrorist Control Division, Police Headquarters, Kathmandu, 2 January 2003; interview with Gopendra Bahadur Pandey, Ministry of Home Affairs, 31 December 2002; interview with Dr. Manohar Shrestha, Director, Bir Hospital, Kathmandu, 23 December 2002.
[79] Interview with Kashi Ram Kunwar, Senior Superintendent of Police, Birendra Police Hospital, Kathmandu, 27 February 2004.
[80] Email from Susan Aitken, Communication Officer, Advocacy and Lifeskills Section, UNICEF Nepal, 7 September 2004. It should be noted that these statistics do not represent the official view of UNICEF.
[81] NCBL collects data from interviews with Members of Parliament, government officials, Army and Police personnel, local political leaders, human rights activists, journalists, media, survivors, local people and other organizations. The totals include casualties caused by bombs, grenades, command-detonated devices, and other weapons not prohibited by the Mine Ban Treaty.
[82] See Landmine Monitor Report 2003, p. 657; Landmine Monitor Report 2001, p. 565.
[83] Interview with Dr. Durga Prashad Pradhan, Director, Bheri Zonal Hospital, Nepaljung, 18 March 2003.
[84] Email from Susan Aitken, UNICEF Nepal, 7 September 2004. Not the official view of UNICEF.
[85] Landmine Monitor Report 2000, pp. 520-521.
[86] Bhupendra Prasad Poudyal, Victim Assistance Program, in “Note paper on Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction, 1997,” prepared but not presented to Standing Committee Meetings, Geneva 11 February 2004.
[87] Interview with ten survivors from Salyan, Rukum, Kavre, Dhading, and Ramechhap, 2 December 2003; NCBL, “The Growing Threat of landmines in Nepal,” 2003.
[88] Landmine Monitor Report 2002, pp. 721-722; email to LM from NCBL 16 July 2003.
[89] The NCBL visited various hospitals and health posts in the affected areas during 2002.
[90] Kantipur, 15 July 2002.
[91] Interview with Dr. Manohar Shrestha, Bir Hospital, 23 December 2002; Statement of Dr. Kashi Ram Kunwar, Medical Director, Birendra Police Hospital, 22 January 2002.
[92] Interview with Dr Mahendra Nepal, Director, Tribhuvan Teaching Hospital, Kathmandu, 27 December 2002.
[93] ICRC, “Annual Report 2003,” Geneva, June 2004, p. 149; “Annual Report 2002,” June 2003, p. 163; “Annual Report 2001,” June 2002, p. 183.
[94] ICRC, “First Patient treated under new physical rehabilitation program,” ICRC News, Issue 04/70, 27 May 2004; Dr C. Oscar Arogadri, Surgeon, ICRC, statement at “On Going Violence, The Peace and Harmony is the Need of the Present,” seminar, Kathmandu, 21 March 2004.
[95] Email from Jean-Betrand Lebrun, Program Director, HI Nepal, 14 September 2004.
[96] Ibid.
Visit ICBL website for the complete LM Monitor Report www.icbl.org/lm