S a y P e a c e F i r s t CS Center C o n f l i c t S t u d y C e n t e r PO Box 11374, 214 Rohini Marg, Purano Baneswar, Kathmandu, Nepal. Tel: +977-1-6218777 Email: cscenter.nepal@gmail.com/cscenter@wlink.com.np URL: www.conflictstudycenter.org Situation Update 49 September 26, 2007 Kapilvastu’s Socio-Cultural Violence “Inadequate public security is undoubtedly one of the greatest challenges to human rights and the peace process in Nepal. Violence in the Tarai and the lack of appropriate response from security forces in many cases, along with the readiness of many armed groups to use violence and intimidation has highlighted the question: Can an environment conducive to free and fair elections be created?” ” - Richard Bennett, Chief, UNOHCHR (September 21, 2007) “We want to see law and order restored immediately and urged right defenders and the journalists to get an access gather information…. The government should take initiatives to bring the situation under control considering deceased families situation and to offer relief to the victims and to ensure free health service.” - National Human Rights Commission, Nepal (September 21, 2007) “…the ongoing communal violence, murder, terrorism and arson in Kapilvastu district is part of a conspiracy against the people's desire for a republic and for peace. We strongly condemn the conspiracy of reactionaries to fulfill their baleful objective by spreading communal terrorism, and urge all the people to take special initiative for communal harmony … the government provides free medical treatment to those injured during the violence and take strong action against the 'culprits'.... Prachanda -Maoist Supremo, (Kathmandu Post, 22 September 2007) “Kapilvastu violence is a result of conspiracy by the elements that want to break the social harmony.” - Krishna Prasad Sitaula, Home Minister (September 21, 2007) The Kapilvastu (where Buddha was born) incident has opened the doors to potential ethnic, cultural and regional violence. Observers regard it as a well-planned incident rather than self-generated anger. The facts are not fully exposed although it has been 10 days since the incident. The main factor to lack of information is the continuous curfew imposed after the incident. It is yet to be cleared up whether any political interest group was involved. There has been a lot of speculation surrounding that incident. Some theories of who may be behind it are: a conspiracy by reactionary Gyanendra who wants to fulfill objectives by spreading communal violence; the Maoists; Indian criminal and conspiratorial groups and fundamentalists fishing in troubled waters; Janatantrik Tarai Mukti Morcha (JTMM) and so forth. Even though much time has passed since incident, the question of security has become a grave concern in the rural areas near Kapilvastu. According to INSEC, about three 35-year old Radhika had been making a living running a tea-stall dozen individuals were killed, in Krishnanagar hoping to return her husband who went to India more than 200 houses and 150 vehicles were gutted 7-year ago in the search of job. The stall was all that she had to through arson, 95 houses and 2 petrol pumps were support the entire livelihoods and educate her 5-children. On damaged, 60 shops were vandalized, a cooperative September 16, she was at her house preparing for the Rishi bank was looted and so forth. The male members of Panchami Pooja, a Hindu festival. Riot engulfed her village and started to run for her life along with other villagers. She arrived the area had run for 20 km, leaving their families in Butwal on September 22 with other displaced people taking behind. Many skeletons, the corpses eaten by refuge in Gorakhpur of India for a week. However, she has not foxes and vultures, have been found in the spoken at all. As the hotel woman asks if she is ill. “I do not countryside. On the know what has happened.” Radhika replies inattentively, without one hand, villages are deserted, elating her gaze from the ground. Nothing has left for her now. while on the other hand the foul smell of rotten She has a psyche as her belongings turned into ashes due to flesh is hanging over the clusters. Due to the alarming violence. security situation and criminal turmoil, some of the Source: Kathmandu Post: September 23, 2007 human rights defenders visiting the locations have been killed and angered groups of people have injured some of them. Some people who were declared dead have been found alive. The number of displaced people is still unidentified. Background On September 16, 2007, at 7:45 AM, Abdul Moid Khan, inhabitant of Kudarbetuwa, Birpur – 6, Kapilbastu district, and President of the Democratic Madhesi Front (DMF), and a former leader of the Anti-Maoist Resistance Committee (AMRC) was traveling to Chandrauta in Chandanpur on a motorbike. Another motorbike with three 1 persons coming from the opposite direction stopped him. One of them moved to shake his hand, while at the same time another pulled out a gun and fired seven rounds at him. They escaped as Khan fell-down to the ground. His son reached there in a jeep within 15 minutes, but found him dead. While a crowd was gathering, violence erupted in Ganespur, Bishanpur, Khahararia, Pathardaiya, Jobari, Jagadispur, Chandrauta, Khuruhuria, Krishnanagar, etc. within 15 minutes of the incident. More specifically, looting, torching and vandalizing of the houses, shops and vehicles of hill-dwellers (Pahade) took place. Under the leadership of four notorious smugglers of Krishanagar town bordering India, 20 km south to Chandrauta, a group of three-dozen Indian-looking individuals along with a few villagers with spears, khukuris, home-made guns, and bombs started ransacking Pahade’s properties, shouting to “kill the bastards.” The looted items were carried across the Indian border in broad daylight. Most of the public properties were blasted after looting. The Madhesi versus Pahade conflict intensified as several Pahade groups attacked a Mosque in retaliation. The private properties, particularly of the Pahade people, were destroyed; women and girls raped; properties looted; and children, men and women extrajudicially killed. Even schoolchildren and teachers fled from their schools. There is no account of how many squatter hamlets were burnt at Surahi Stream at Devinagar in Bishanpur. The bones of the dead burnt in husk turned into ashes when touched. On the first day, Muslims attacked Pahade villages while on the second day Pahades retaliated and attacked Muslim and Madhesi villagers. Some political activists belonging to the DMF in police custody were killed by the mob, while human rights activists and Members of Parliament were visiting the incident site at Patthardaiya. This is the fourth time socio-cultural violence has erupted in the district in 16 years. Conclusion The crime is being painted with political colors with allegations abound that Maoists have carried out the incident. The report that one criminal was wearing a Nepali cap could also be misinterpreted. Moid, a landlord, was involved with the AMRC during Gyanendra’s absolute regime. Some of the King’s Ministers visited him and insisted that he launch the resistance. The AMRC killed 37 people during the King’s regime and burned around 500 households of squatters. He had said that the resistance was the people’s revolt against Maoist atrocity and had supported the struggle against the tyranny. Maoists attacked him several times and a violent clash ensued between both groups in March 2005, where a Maoist commander was killed. Army helicopters were dispatched for his security. Several times even after the Peace Accord, the Maoists had demanded and called for a strike to dismantle the Armed Police Camp at Chandrauta, which was established within the premises of his brother. After the restoration of democracy in 2006, Moid went underground and only reemerged after a meeting with Maoist leader Netra Bikram Chanda. The then Royal Nepal Army (Nepal Army) distributed many arms and ammonization to the AMRC on the direct order of the then King Gyanendra. The democratic government could not pay any attention to collect the weapons distributed to AMRC and to be used against the Maoists. Even after a public debate over such arms, the present PM Koirala is not daring to inquire about weapons from the Nepal Army. The concerned army personnel are trying to hide such public interest, fearing possible action by the government. Similarly, the senior level army is still loyal to the monarch and other elite groups rather than people in general. As a result, the faith of the public in the Nepal Army is gradually eroding. The CDO Narendra Dahal received information within 15 minutes (8 am) of the incident and he requested instructions from the Ministry of Home Affairs. It took almost two hours for him to get directives from the Ministry and, by that time, the riot flared up beyond control. The SSP Bikas Shrestha and officers of Bindabashani Armed Police were unable to do anything to stop riots even within their close proximities. People ran there begging for help, but in vain. They were waiting for the instruction/directive from the Ministry. Information is still not available 10 days after the incident: of the loss of lives and properties; of injured, displacement, and so on. The security forces did not dare to enter the rural areas. Curfew is continuing till date. The government has not permitted entry of human rights defenders and media persons on the pretext of insecurity. The government is not able to gather information regarding loss of lives and property and other serious offenses even to this date. There is evidence that the Minister of Home Affairs made a visit to the affected area only after six days, but could not go to the countryside due to insecurity and protest of the victims. The information made public by the human rights defenders, media and others are not based on facts but estimates. Public transport is not operating. The displaced persons say that it is too dreadful even to recall the incident. Some displaced persons are living at the police offices, some are living at schools, many are homeless and many are still in India. Local NGOs and political party units have extended support to them, but they are scanty. They are facing acute problems with daily necessities. Many have succumbed to different illnesses and epidemics. Children, women and senior citizens are suffering a lot. The government has issued 6 million Nepali Rupees as relief, but the government machinery has no contacts with the victims, as villages were vacated and affected so that the relief has not reached them. 2 Who is behind the mayhem? Maoists have made public their non-involvement in Moid’s murder through a press statement. Whereas Moid’s kiths and kins claim Maoists are to be held responsible for his murder because of the long and severe enmity between them. Since one year ago, dialogue was underway to affect collaboration between JTMM– Goit Faction and Moid’s DMF, but there was no success. Goit tried to establish his unit office in Kapilvastu, but was unable to do so because of Moid’s intervention. After preliminary investigations, we can say that the Kapilvastu mayhem was a Grand Design of criminal forces launched in favor of the monarchy. Three-weeks ago, the criminals tried to disrupt normalcy in Kathmanduities by exploding bombs in public places, but without success. Two-years ago, 12-Nepali were killed in Iraq, which resulted in bomb blasts, looting and destruction of man-power agencies and property of Muslims in Kathmandu and other cities in Nepal. However, these attempts could not incite cultural and/or religious strife. Kapilvastu being sensitive to culture/religion, this grand design was devised to provoke culture/religious violence there. The plunder and carnage of Pahade villages and houses in Kapilvastu immediately after the murder of Moid and bomb blast make it evident that it was a planned crime. Such incidents are not new to Nepal. Similar events occurred last year in Nepalgunj (mid-west), a couple of years ago in Birgunj (south-central), and other places. The key factor for such repeated violence is the wide prevalence of a culture of impunity. Common people are unhappy because of the old rotten leaders and bureaucrats who are running roughshod over the people in the name of New Nepal. The Rayamajhi Report, which labeled 202 as human rights perpetrators, has not been made available to the people by the Interim Parliament (IP) despite popular demand and pressure from within the IP. This is neither the first nor the last example of the rampant culture of impunity in Nepal. The Kapilvastu incident is the largest socio-cultural violence in the history of Nepal. The Kapilvastu mayhem has further pushed the Nepal’s peace process to the margin because the people who were victims of the AMRC during the armed conflict have been revictimized. Due to the wide prevalence of insecurity, the Maoists have raised the issue of leadership change in the government. The present PM has not entered the PM’s office at Singhadurbar more than 4/5 times within 18 months. The incident is the result of a policy of supporting mayhem while listening; only those who bore it know the reality. In such a pandemonium, the government’s role to provide security to people is poor. People are wondering if Kapilvastu is part of the country, considering the government’s inaction and irresponsiveness. Even in the face of such crucial socio-cultural violence, the cabinet meeting was held on the fourth day of the incident. ================= Contributed by: Bishnu Pathak, PhD and edited by Ms. Carin Jodha Assisted by: Chitra Niraula, Shankar Poudyal, Kaushila Dhimal and Ganga Puri Sources: Field visits, Kantipur Daily, Kathmandu Post, Nepal, and other media Conflict Study Center (CS Center) is a South Asia Regional Chapter of the TRANSCEND International (www.transcend.org). It is an academic, policy oriented and research based non-government, non-partisan and non-profit autonomous institution registered with the Government of Nepal. Its purpose is to promote peace, respect human rights, enhance democratic process, and protect the poor, marginalized, disadvantaged and vulnerable people and endorse social justice and dignity through education, training, action research, action advocacy, capacity building and networking as a Think Tank, Center for Excellence. It has networks with 2,000 academic and professional institutions, including TRANSCEND, European Peace University, etc. in more 76 countries. It’s International Advisors are: Peace Professor Dr. Johan Galtung, TRANSCEND; Professor Dr. Virginia E. O’Leary, USA; Professor Robert Kowalczyk, Japan, Professor Dr. Dietrich Fischer, EPU, Austria; Professor Rene Wadlow, Chief, Representative of the Association of World Citizens to the United Nations, Geneva; Professor Dr. David Seddon, UK; Professor Dr. Raymond Saner, Switzerland, Professor Dr. Brigitt Steinmann, France; Professor Dr. Olga Murdzeva-Skarik, Macedonia; Professor Kai Frithjof Brand-Jacobsen, Romania; Associate Professor Dr. Karen Valentin, Denmark; Associate Professor Dr. Richard Gendron, Canada; and Associate Professor Dr. Renato Libanora, Italy 3