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UNMIN
report on conditions for the 10 April Constituent Assembly election
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Second
UNMIN report on conditions for the 10 April Constituent Assembly election
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Kathmandu,
30 March 2008 (UNMIN)
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United Nations Mission in Nepal (UNMIN) today released the second of a
series of periodic reports on the conditions for the 10 April Constituent
Assembly election. The report notes that campaigning has continued in an
enthusiastic and relatively peaceful manner across much of the country,
but emphasizes the significant number of districts have experienced a surge
in incidents involving clashes between different political party supporters. |
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"The
aim of UNMIN's regular public report is to encourage the political parties
and all Nepalis to create a free and fair atmosphere for the Constituent
Assembly election, now less than two weeks away," said Ian Martin, Special
Representative of the Secretary-General in Nepal.
Source:
UNMIN, March 2008
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UNMIN
Election Report No 2, 30 March 2008
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Kathmandu,
30 March 2008 (UNMIN)
Representative
of the Secretary-General in Nepal.
The
5-page report highlights the results of UNMIN and OHCHR-Nepal monitoring
over the past week, related to violence by groups opposed to the election,
violations of the electoral code of conduct and of human rights, and the
monitoring of arms and armies. UNMIN makes five recommendations for action
to improve conditions for the election.
The
report has been prepared by UNMIN in conjunction with the Office of the
High Commissioner for Human Rights (OHCHR) in Nepal.
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Conditions
for Constituent Assembly election on 10 April 2008
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Across
much of the country, campaigning has continued in an enthusiastic and relatively
peaceful manner, but a significant number of districts have experienced
a surge in incidents involving clashes between different political party
supporters. The main threats to peaceful campaigning were continuing
acts of violence by armed groups in the Terai, and obstruction, intimidation
and violence carried out by supporters of political parties against candidates
and supporters of competing parties, as well as intimidation of voters.
The gravest incidents during the past week were the killings of two cadres
of the Communist Party of Nepal-Maoist (CPN-M) in Kapilvastu and Solukhumbu,
which bring the total number of violent deaths of Maoists since 5 February
to at least seven; and the bomb attack at a mosque in Biratnagar which
left two dead on 29 March . While the full details of these incidents remain
unclear, the killings, violence and intimidation are stark reminders of
the responsibility of the authorities and the political parties to create
and maintain a conducive environment for the election. Also of deep concern
are widespread reports, confirmed by UNMIN and OHCHR monitoring and investigation,
of continued Maoist intimidation of rival parties and voters, with clashes
between the CPN-M and the Unified Marxist-Leninist (UML), Nepali Congress
and Rastrya Prajatantra parties becoming frequent. The 24 March recommitment
by the national leaders of the Seven-Party Alliance (SPA) to engage in
peaceful campaigning and not to interfere in each other's electoral activities,
while welcome, has not so far succeeded in having the desired impact. Districtlevel
agreements, while having a positive influence in some districts, are also
often not being adhered to. There has been little or no reported progress
on implementation of commitments in the SPA's 23point agreement regarded
by different parties as of importance in the pre-election context, including
compensation to victims of the conflict, return of property and investigation
of disappearances. UNMIN has intensified its monitoring of arms and armies
during this crucial period, but there have been cases of Maoist combatants
leaving their cantonments to engage in political campaigning, and in some
instances in uniform and with perimeter security weapons to provide security
for senior party leaders.
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1.
Violence by groups opposed to the election
The
Government's invitation to four armed groups - the Madhesi Mukti Tigers,
United Janatantrik Terai Mukti Morcha (U-JTMM), Terai Cobra and Janatantrik
Terai Mukti Morcha-Rajan Mukti - to participate in dialogue, and their
initial acceptance (despite certain preconditions) was encouraging. However,
violence and threats from groups declaring their opposition to the election
have continued, contributing to insecurity and fear, especially in parts
of the eastern, central and mid-western Terai. Improvised explosive devices
(IEDs) detonated or were deactivated by police in several Terai districts
including Sunsari, Morang and Kapilvastu. Some of them exploded near party
offices or houses of candidates (including the Nepali Congress office in
Kapilvastu and the house of a Rastrya Prajatantra Party candidate in Saptari)
or during campaign activities (such as occurred with the Nepali Congress
in Saptari). These incidents contribute to a climate of apprehension that
is particularly acute in villages along the border with India. In other
cases candidates were directly targeted by armed groups. For example, a
UML candidate was attacked in Saptari and a CPN-M candidate was abducted
in Siraha, in both cases while they were engaged in campaign activities.
Other party candidates have reported receiving death threats by telephone,
including threats by the U-JTMM against candidates from the Nepali Congress,
UML, CPN-M and Madhesi People's Rights Forum (MPRF) in Kapilvastu. A voter
educator was abducted by an armed group in Saptari on 22 March. There continue
to be warnings of plans to derail the election and undermine the peace
process through violent acts such as the assassination of political leaders,
which would outrage the nation and the international community. The bomb
attack at a mosque at Sarauchiya in Biratnagar on 29 March left two dead
and others seriously injured. This deliberate targeting of a place of religious
worship will outrage Nepalis of all communities, and the authorities should
make all efforts to ensure that the direct perpetrators and any others
responsible for this crime are promptly identified and brought to justice.
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2.
Violations of the electoral code of conduct and of human rights
The
gravest incidents reported in the last week were the fatal shootings of
Maoist cadres in Kapilvastu on 22 March and in Solukhumbu on 26 March.
The U-JTMM has reportedly claimed responsibility for the killing in Kapilvastu
of CPN-M area committee member Shiv Kurmi. However, the Maoists have claimed
that Nepali Congress played a role in the murder, and maintained the victim
had been threatened by the Nepali Congress on a number of occasions.
Reprisals were taken by Maoists against Nepali Congress property in the
days following the killing. OHCHR has been informed that the police do
not intend to pursue those already identified as alleged perpetrators until
after the election as a result of political pressure not to do so.
However, prompt and effective action in bringing the perpetrator or perpetrators
of the killing to justice is all the more important given the recent history
of communal tensions and violence in the Kapilvastu area. Similarly, it
is imperative that the Nepal Police are known to be conducting a prompt
and impartial investigation following the killings of two CPN-M cadres
in Rolpa on 18 March. The clash in Solukhumbu on 26 March, in which a Nepali
Congress candidate and supporters were also injured, also remains under
investigation, with the CPN-M and the Nepali Congress presenting starkly
different versions of the events. Both parties accuse the other of instigating
the incident, disrupting their pre-planned campaign venue, using firearms,
and inflicting significant casualties. Of particular concern is the allegation
that members of the Armed Police Force (APF) or Nepal Police used lethal
force where it was not strictly necessary or took a partisan position in
the clash.
UNMIN
and OHCHR have received numerous reports of incidents related to the electoral
campaign, many of which resulted in injuries. The largest number of allegations
received in the past week related to the disruption of UML campaign activities
by Maoist cadres, including their Young Communist League (YCL). Assaults
of UML candidates and supporters by Maoists were reported in several districts,
including Baitadi, Dhading, Rupandehi, Siraha, Chitwan, Jhapa and Rasuwa.
In some of these cases, UML members or supporters were not only attacked
and beaten but also allegedly detained for a number of hours. It is of
further concern that in some of these districts violent incidents demonstrated
an increased pattern of premeditation. CPN-M cadres have also been accused
of disrupting campaign activities of other parties, including activities
carried out by Rastrya Prajatantra Party (RPP) and RPP-Nepal in Dhankuta
and Rolpa, and by the Nepali Congress in Khotang, Rolpa, Lamjung and Makwanpur.
Reports
of violent incidents involving other political parties include alleged
assaults by MPRF members on Nepali Congress supporters in Sunsari, clashes
between MPRF (Biswas faction) and the Sadhbhavana Party (SP) in Sunsari
and between Nepali Congress and Terai Madhes Democratic Party supporters
in Sarlahi, and an alleged assault on Maoists by Nepali Congress
supporters in Tanahun.
Lower-level
yet damaging threats and intimidation are widely reported. UNMIN and OHCHR
have received numerous reports that during door-to-door campaigning voters
are being told by political parties - particularly the CPN-M - that their
vote will not actually be secret and that voters will face reprisals if
they do not vote as instructed. Reports of this behavior were particularly
prevalent in Gulmi, Kalikot and Agharkhanchi.
The
recruitment of temporary police has concluded in most districts and newly-recruited
police are now scheduled to undertake a single week of training. Temporary
police were primarily recruited from local youth and students, mainly in
their early twenties. There are reports that in several districts the major
political parties played a significant role in the recruitment process,
calling into question the principle that temporary police should not have
party affiliations. For instance, organisations representing disadvantaged
Tharu agricultural workers in the Far-Western Region have complained that
many candidates from their communities were rejected in favour of less
qualified candidates recommended by mainstream political parties. The government
quotas recently established for increasing the access of marginalised groups
to the police were not applied in the recruitment of temporary police.
In
discussion with several political parties, UNMIN and OHCHR have heard of
plans to recruit volunteers, particularly from their youth wings, to be
present outside polling stations on Election Day. OHCHR also received reports
from several districts, including Kalikot and Kailali, that the YCL is
providing training to their volunteers. YCL members have stated that they
need such volunteers to ensure the fairness of the process, claiming that
the Nepali Congress is making use of State machinery and that the UML has
the support of most civil society organizations involved in election monitoring
activities. However a large presence of youth in and around polling stations
on Election Day could escalate tensions and lead to increased intimidation
and violence, and even the anticipation that large groups of youths are
likely to be present could generate sufficient apprehension to deter potential
voters.
UNMIN
has also received continuing reports of misuse of State resources and unequal
access to Government resources and police security. Smaller parties report
that they are less able to rely on the services of the State to support
them in campaigning, while without police protection some candidates feel
uncomfortable campaigning in the more disturbed constituencies.
Some
parties have expressed concerns about the use by CPN-M Chairman Prachanda
of helicopter transport for campaign activities in violation of the Code
of Conduct. Others have claimed that the use of Government helicopters
for medical evacuation purposes has not been made equally available to
all parties.
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3.
Monitoring of arms and armies
The
December 2006 Agreement on Monitoring of the Management of Arms and Armies
(AMMAA) provides in relation to the Nepal Army that "Maintenance and replacement
of lethal weapons will take place only with the determination of the interim
government or agreement of both parties" (4.2.4.5), while "Unauthorised
replenishment of military equipment" is a violation (5.3.4). During the
night of 24/25 March, in Butwal, Maoist YCL intercepted and blocked for
some time a government convoy escorted by APF which they alleged was carrying
arms and called for it to be inspected by UNMIN. A clash ensued between
APF personnel and YCL cadres before the trucks proceeded to APF barracks
in Bardaghat. The YCL has no authority to act as a parallel enforcement
body and to intercept the movement of goods or persons. Government statements
indicated that the trucks contained equipment for the APF and Nepal Police.
UNMIN regrets that the APF at Bardaghat barracks did not permit UNMIN arms
monitors to inspect the trucks until their contents had been off-loaded,
and UNMIN is therefore unable to confirm the contents or the recipient.
Three
members of the Maoist army in possession of two rifles were detained by
Nepal Police in Rolpa district on 24 March. UNMIN arms monitors were deployed
to the site to inspect the weapons and found that the weapons had been
registered by UNMIN and were dedicated for perimeter security in the Tila
cantonment site, a satellite camp of the main cantonment site in Rolpa.
The Maoist army stated that the team was returning after providing security
for Deputy Commander Pasang. Under the AMMAA, weapons authorised to be
retained out of weapons' containers at the cantonment sites are "to be
used only for clearly defined perimeter security by designated guards".
The rifles have been returned to the Maoist cantonment site, and the matter
will be reported to the next meeting of the Joint Monitoring Coordination
Committee (JMCC).
UNMIN
recognises the importance of adequate security arrangements for leaders
and candidates of all parties. Special security arrangements for the Maoist
leadership were agreed upon in a signed Understanding negotiated between
the Government and the CPN-M in mid-2007. UNMIN was not involved in these
negotiations, but as requested by the parties UNMIN registered the weapons
and the personnel agreed to be retained outside cantonments for leadership
security in accordance with this Understanding. The Understanding
states that members of the special security team will be in civilian clothes
and will not display their weapons. The Understanding did not address the
possibility of any additional leadership security in the context of the
election.
During
the past week some Maoist combatants have temporarily left their cantonments
in uniform and carrying weapons to attend and provide security at election
rallies addressed by senior Maoist leaders. UNMIN has maintained its around-the-clock
surveillance at the cantonment of weapons storage containers, from which
no weapons have been removed, but the use of perimeter security weapons
away from the designated cantonment site is a violation of the AMMAA and
is being reported to the JMCC. The Election Commission has also expressed
its concern to UNMIN on this issue. UNMIN has made clear to the leadership
of the CPN-M that it is a breach of the AMMAA for personnel and/or weapons
from Maoist army cantonments to be present at meetings outside the cantonments,
including for the purpose of providing leadership security. In this connection,
it should be understood that UNMIN has been mandated at the request of
the parties to monitor the AMMAA: it has no enforcement authority, but
reports violations to the parties and as appropriate to the international
community and the public. On 29 March CPN-M Chairman Prachanda assured
UNMIN that no further such incidents will occur.
Chairman
Prachanda has confirmed to UNMIN that he has ordered that no further leave
be granted to members of the Maoist army and that those already on leave
at the time of the order are to return to their cantonments. UNMIN's arms
monitors have intensified efforts to verify the numbers of combatants in
the Maoist army cantonments and the rate with which personnel remain on
leave. UNMIN's investigations indicate that far in excess of the 12% maximum
were absent from the cantonment site in Surkhet during the first week in
March, but by 24 March a count of combatants monitored by UNMIN found 10%
on leave. A head count at the Rolpa cantonments found 8% of verified combatants
still on leave. Further headcounts on 28 March were not carried out pending
further orders from the Maoist leadership, but Chairman Prachanda assured
UNMIN on 29 March that they may proceed. UNMIN has also investigated in
affected communities reports that members of the Maoist army have been
engaged in election activity. It has confirmed that Maoist army personnel
from the Surkhet cantonments, including senior commanders, entered parts
of Kalikot and participated in political activities: as a result, other
parties reported that their own ability to campaign was considerably curtailed
and there was an increase in threats and interference in electoral activity.
Helicopter
movements by the Nepal Army in support of the Election Commission have
not been formally notified to the JMCC with the stipulated period of notice.
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4.
Recommendations
 The
campaigning political parties should act immediately to end the cycle of
violence and retaliation, and should respect fully the election Code of
Conduct and human rights standards. Dissemination of false and intimidating
information, such as that voting will not be secret and voters will face
reprisals, or threats that any result may lead to a return to war, should
cease. All parties should withdraw plans, or make clear that they have
no plans, for the presence of large groups from their youth wings at polling
centres on Election Day.
The
police should be allowed to carry out their duties without political interference
or pressure from any quarter. They have a responsibility to investigate
promptly, thoroughly and impartially incidents of politically-related violence,
particularly killings of party cadres. Political actors should refrain
from reprisals or exerting pressure on the police. Security for candidates
and campaign events should be provided with impartiality and independence,
and with restraint in the use of force and firearms.
There
should be strict adherence to the Agreement on Monitoring of the Management
of Arms and Armies, an arrangement intended to prevent interference by
either army in the electoral process. The suspension of leave during the
election period should be enforced, and the armies should cooperate with
UNMIN in respecting notification procedures and enhanced monitoring arrangements.
There should be transparency, especially among the parties represented
in the Interim Government, regarding the transport of supplies for the
Nepal Police and APF, as well as for the Nepal Army. The Maoist army should
end the repeated incidents of temporary departure from cantonments to participate
in rallies or other election activities, as well as the use of uniformed
personnel and perimeter security weapons from cantonments for the protection
of leaders and events.
In
the spirit of the Comprehensive Peace Agreement and the Interim Constitution,
political leaders should stress their commitment to work together in partnership
after the election.
Forces
tempted to try to disrupt the election should recognise the backlash this
would provoke and should respect the overwhelming desire of the people
of Nepal, supported by the international community, to see the election
of the Constituent Assembly as the democratic basis for determining the
future of the nation. |
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Source:
UNMIN , March 2008
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