Urgent Action
Nepal: Right to adequate food of more than 3000 families in Banke district continues to be threatened by
inundation
Every year, devastating floods and subsequent erosion are threatening the lives and livelihoods of more than
3000 families in Banke district in the Mid-Western region of Nepal. The natural phenomenon of flood and
erosion has been severely aggravated after the Government of India had constructed the Laxmanpur Dam in
1985 and in particular after the construction of the Kalkwala Afflux Bund in 2000, both situated along the
Indo-Nepali border in Indian territory .Flood affected communities are facing loss of their agricultural lands
and livestock, as well as displacement. They are suffering from hunger, malnutrition, and water borne
diseases including health and sanitation problems.
Please write to the Prime Minister of Nepal with copies to the Ministry of Foreign Affairs, the Ministry of
Irrigation, the Ministry of Home Affairs and the National Human Rights Commission, requesting him to
adopt all necessary measures to ensure remedies to the affected families, including compensation,
restitution, rehabilitation and guarantees for non-repetition.
Background
Laxmanpur Dam and Kalkalwa Afflux Bund are man-made barriers, which obstruct the natural flow of river
Rapti and two of its tributaries, thus causing the changing of the river course, resulting in annual inundation
of the six Village Development Committees (VDCs) Holiya, Betahani, Gangapur, Fatepur, Mataiya and
Bankatti. Agricultural lands are not only flooded but also often totally eroded with massive river cutting. Loss
of lives (human and livestock), erosion of land, damage of homes and property, crops and harvested grains
are the repeated reality as a consequence. People complain that the only water passing gate of the Kalkalwa
Afflux is neither sufficient nor adequately operated during rainy season. Most of the farmers are affected by
the severe decline in soil fertility (due to waterlogging) and subsequent decline in yield and income.
Especially male members of the communities are forced to migrate and take up labor works in Indian cities
for supporting livelihoods of their families back home.
In February 2012 the Government of India had announced a budget for the construction of a 5 km
embankment at one side of the Rapti River in Holiya VDC, bordering to India. However, implementation is yet
to happen. Moreover, there are fears that such construction on one side might encourage cutting on the
other side of the river. According to the Water Induced Disaster Prevention Division Office, Nepalgunj, Banke,
a permanent embankment on both sides of the river Rapti (covering 16km on the North side and 12km on
the South side, with a total length of 28km in Nepal’s territory) would be the only sustainable solution.
Despite some positive interventions by the government of Nepal (e.g. the distribution of temporary relief
packages, the completion of data collection on loss and damage of the property in four out of six VDCs, the
construction of a bridge to enable people to safely reach higher grounds during floods, and the initiative
towards building an embankment to protect two villages that are at most risk), the major demands of the
affected people for a sustainable long term solution remain unaddressed. A human rights impact assessment
to establish the impact that the dam has had on the right to adequate food of the affected communities, and
to adopt all necessary measures (complete data collection of damages and losses, identification,
resettlement and rehabilitation of displaced people, declaration of “Special Zone” to implement special
programs in the affected areas) to ensure remedies to the affected people has not been carried out so far.
Recent developments are threatening to further increase the flooding: A road stretching along the border
areas, with its basement serving like a dam, as well as another dam to be joined with Kalkalwa Afflux Bund
are presently under construction by the Indian government. The locals have already voiced their
apprehensions that these structures will affect Hirminiya, Piprahwa and Mastipur VDCsas well as Nepalgunj,
the district headquarter.
On 13th and 14thAugust 2014, the area has been again badly hit by floods. , In the 6 VDCs four people have
died of drowning, and three people are still missing (District Disaster Relief Committee, Banke, 2014). A
major safeguard initiative by the Government of Nepal, a nearly completed embankment of 700 m, was
completely destroyed.
Why FIAN International calls for your intervention
Despite legal obligations on the part of the state and various complaints lodged by the affected people and
human rights defenders before the respective administrational and national mechanisms, including the
National Human Rights Commission, the Government of Nepal failed to fulfil the right to adequate food of
the affected people, as no adequate emergency response, no comprehensive long-term rehabilitation plan
and compensation for the loss have so far been provided. Participatory consultations regarding safe-guard
mechanisms and rehabilitation with the affected population and a comprehensive data survey are still
pending. By not effectively implementing the Natural Calamity (Relief) Act 1982, the Government of Nepal is
violating its citizen’s right to food and water, as well as adequate living conditions, especially the human right
to adequate food (Art. 11 International Covenant on Economic, Social and Cultural Rights). The failure to act
has also violated the Nepalese constitution. The country’s constitution states that “Every citizen has the right
to food sovereignty as provided for in the law” (Art.18, 3). In a recent judicial decision of 19 May 2010, the
Supreme Court of Nepal has underlined this obligation of the Nepali Government by recognizing the right of
everyone to adequate food included in the Interim Constitution of 2007 and clarified by a Supreme Court
interim order in September 2008.
The Government of Nepal has also failed to secure the safety of its citizens by not effectively coordinating
with the Indian Government urging it to comply with the treaties and agreements between the two
countries. India needs to take measures to ensure that its actions do not harm those in the nearby region in
Nepal. The Government of India has violated the right to adequate food in this context as states are obliged
to respect the right to food of people even if these are living beyond the borders of their territory, as it is laid
down in the Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and
Cultural Rights, 2012.
India also has failed to comply with the provision of the Nepal-India Joint Standing Committee on Inundation
Problem (SCIP) of 05 November 1999, which describes that while constructing any structures at both eight
km upward and downward of the river bordering the two countries, Indian should seek consensus from the
neighboring country. The Laxmanpur dam was constructed within the range of 4.5 km from the Nepalese
border, thus consensus should have been sought for. This provision is also mentioned in The Helsinki Rules
on the Use of the Waters of International Rivers-1966 article 29.2.
Requested Action
Please send a letter by e-mail or ordinary mail to Mr. Sushil Koirala, Prime Minister of Nepal, requesting him
to adopt all necessary measures to establish comprehensive data base on the impacts that the dam has had
on the enjoyment of the right to adequate food of the affected communities, to ensure remedies to the
affected people and to demand from the Government of India compliance with the existent agreements and
treaties between the two countries so that the Government of India properly operates and constructs the
water passing gates and the permanent embankmentof 28km on both sides of river Rapti. FIAN has launched
several interventions in the past in this case, but renewed intervention is necessary, as no major initiative to
rehabilitate and protect the affected communities and to provide comprehensive rehabilitation has been
initiated so far.
Please send copies to the Ministry of Foreign Affairs, the Ministry of Irrigation, the Ministry of Home Affairs
and the National Human Rights Commission.
Please inform FIAN of any response you receive to your letters.
Send letter to:
1. Mr. Sushil Koirala, Prime Minister
Office of the Prime Minister and Council of Ministers
Singh Darbar, Kathmandu, Nepal
P.O. Box: 23312, Nepal
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Mahendra Bahadur Pandey, Minister, Foreign Affairs
Ministry of Foreign Affairs
Singh Darbar, Kathmandu, Nepal
Fax: +977 1 4200061, 1 4200160, 1 4211522
Email: info@mofa.gov.np
3. Mr. Narayan Prakash Saud, Minister, Irrigation
Ministry of Irrigation
Singh Darbar, Kathmandu, Nepal
Fax: 977 1 4200026
Email: info@moir.gov.np
4. Mr. Bamdev Gautam, Minister, Home Affairs
Ministry of Home Affairs
Singh Darbar, Kathmandu, Nepal
Fax: +977 1 42 11 257, 1 4211286
Email: gunaso@moha.gov.np
5. Mr. Anup Raj Sharma, Chairperson
National Human Rights Commission
Pulchowk, Lalitpur, Nepal
Fax: +977 1 55 47973
E-mail:complaints@nhrcnepal.org; nhrc@nhrcnepal.org
(Sample Letter)
Mr. Sushil Koirala
Prime Minister
Office of the Prime Minister and Council of Ministers
Singh Darbar, Kathmandu
P.O. Box: 23312, Nepal
Fax: +977 1 4211086
Email: info@opmcm.gov.np
Right Honourable Prime Minister,
Recently I was informed about the situation of devastating floods and subsequent erosion threatening the
livelihoods of more than 3000 families in Holiya, Betahani, Gangapur, Fatepur, Mataiya and Bankatti VDCs in
Banke district, Nepal every year. Problems of inundation, flooding, soil erosion and deposition of sand are
largely due to the construction of Laxmanpur barrage and the Kalkalwa Afflux Bund constructed by the
Government of India in 1985 and 2000 respectively.
I appreciate that data collection on loss and damage of the property has been completed in 4 VDCs and do
hope that data collection in the two remaining VDCs will be completed soon. Another positive development
is the construction of a bridge by the Holiya VDC and the initiative for a 700 meters permanent embankment
in Holiya VDC.
However, I am concerned about further necessary measures in this matter. Nepal is obligated to fulfil the
human right to adequate food of the flood affected communities, by providing compensation, adequateresettlement, and sufficient food and water during flooding periods. By failing to provide adequate emergency
response and to establish a productive long-term rehabilitation program, Nepal breached international law
and its own constitution. Furthermore, the Government of Nepal has failed to secure the safety of its citizens
by not effectively coordinating with the Indian Government urging it to comply with its obligations under
international law and with the existent agreements and treaties between the two countries. India is dutybound under international law to respect people’s right to adequate food. This obligation applies also for
areas beyond India’s borders.
In line with the human rights obligations of your government towards the realization of the right to adequate
food of the affected communities, I would like to ask you to:
 Demand from the Government of India to properly construct and adequately operate the water
passing gates during rainy season;
 Demand from the Government of India to build the permanent embankment of 28km on both sides
of river Rapti as a safeguard in line with the recommendation of Water Induced Disaster Prevention
Division Office, Nepalgunj, Banke;
 Declare Special Zone in all six dam affected VDCs and implement special programs accordingly;
 Conduct a human rights impact assessment in order to establish the impact that the dam has had on
the right to adequate food of the affected communities and adopt all necessary measures (data
collection of damages and losses, identification and resettlement of displaced people) to ensure
remedies to the affected people.
Please keep me informed of the action you plan to take in this regard.
Yours sincerely,
Cc: Ministry of Home Affairs, Ministry of Foreign Affairs, Ministry of Irrigation, NHRC.