Hundred Days of Democracy
Children are still Ignored
A Review Report
(This report is prepared on the basis of collected facts and information about the armed
conflict and its impact on the children in the period of first hundred days after the restoration
of democracy.)
August 3, 2006
Secretariat of National Coalition for Children as Zones of peace
Jawalakhel, Lalitpur
Phone No. 5524991
E-mail: czop@czopnepal.org
Press Release
August 3, 2006
It needs no mention that children are sidelined and ignored even after the restoration of
democracy. During the past hundred days, even possible works in the sector of child rights
have not been executed.
We have prepared this report, entitled 'Hundred Days of Democracy: Children are still
Ignored' portraying such a bitter reality under eight sub-topics. We have raised the following
issues on the basis of studies conducted by the member organizations of 'National Coalition
for Children as Zones of Peace'.
1. Use of Children
2. Murder, Death and Injury of children
3. Impact of Explosives
4. Obstruction in School Management
5. Presence of Security personnel and their activities in Schools
6. Internally displaced children
7. Negligence to injured children in People's Movement-2
8. Negligence to children in National policies, agreements and documents
While Nepal has ratified the Convention on the Right of the Child (CRC), it has not taken
solid step towards the implementation of the international convention even after the
restoration of democracy. Therefore, we appeal to all stakeholders for necessary initiatives
in this regard.
................................
Kundan Aryal
Chairman
National Coalition for Children as Zones of Peace
Hundred Days of Democracy:
Children are still Ignored
(This report is prepared on the basis of collected facts and information about the armed
conflict and its impact on the children in the period of first hundred days after the restoration
of democracy.)
Since armed conflict has come to a standstill after the People's Movement-2, Nepal is
heading towards stability of the democratic system. The major political parties have been
included in the government and Communist Party of Nepal (Maoist), which was involved in
armed conflict, also seems committed to establishing peace and stability in the country.
The country is in a transitional phase. Democratic system has not been established as per
the spirit of the people's wishes and aspirations. But the armed conflict has ceased. The
country is in the stage of determination and development of the future. In this period, the
series of incidences of being killed, injured and maimed owing to the armed conflict has
been stopped. Problems, such as internal displacement, out-migration and forced migration
are in the process of solution. People have pinned high hopes on the government. It may not
be too much to expect some significant improvement in the condition of children in this
context. This summery report is prepared in the course of monitoring the changes occurred
in the state of the Nepalese children within the hundred days of democracy.
Entry into the subject matter
Children are the worst affected in the armed conflict. They are supposed to be the most
benefited lot once peace is restored. But such a thing often does not happen. Adults are
mostly ignoring the problems of children. State and rebellions have not paid considerable
attention to the problems of children even after the success of the People's Movement in
Nepal, too. It has been proved that the responsible leaders of the government and the rebel
party have not taken the issues associated with children seriously even after the
organizations working for child rights have drawn their attention towards such issues. The
organisations have reminded them of the issues time and again at meetings and public
forums.
In the agreements between the government and CPN (Maoist), the issues of children have
not been even mentioned; prioritizing them is beyond imagination. Various documents, such
as Twenty-five Point Agreement between the Government and the CPN (Maoist) on the
Cease-fire Code of Conduct, Eight-Point agreement between the supreme leaders of the
government of Seven Party Alliance (SPA) and CPN (Maoist), the historic Declaration of the
House of Representatives, the Mandate provided to the Peace Talks and Cease-fire
Monitoring Committee, the Draft of Cease-fire and Peace Agreement prepared by the Peace
Committee of the government etc. have not mentioned the problems of children affected by
armed conflict.
The security force has injured many children during the People's Movement. The
government has not collected the age-wise details of the children. Owing to the disregard
from the government towards the injured children of the People's Movement, they are unable
to receive sound and sufficient treatment. In this way, it is clear that the state of the children
has not been improved as expected. It doesn't mean that children have not been benefited
from the restoration of peace. But it is crystal clear that the situation of children has not been
improved even after the restoration of peace.
What happened in this period?
With the ceasing of the armed conflict, children have been free from the day-to-day fear.
Most of the schools, which were closed during the conflict, have resumed the teaching and
learning activities. After the improvement in the security situation, it has been easier for the
children, who were separated from their families, to return home. There are examples of
children involved in the armed force or group, returning to the protection centres after visiting
their districts and reunifying with their families. Laymen's attitudes toward the children
involved in the armed force have been changed and they are accepting them in a
comfortable and normal way.
There have been discussions and interactions with responsible leaderships of the
government and the Maoists on the protection of the rights of the conflict-hit children,
including those associated with the armed force or group. Verbally, they have expressed
their respects and commitments for the protection of child rights. Children along with
internally displaced people have started to return home. The trend to recruit children by force
in the armed force or group has been decreased. The government has taken the demand for
removing the armed force from schools positively. All of the security bodies have been
directed by the Ministry of Home Affairs and the Ministry of Defense to leave schools. In
some areas, the security force has left schools.
Government officials have agreed to raise public awareness and to make the security bodies
alert for minimizing the risks of haphazardly abandoned explosives during the armed conflict.
In a meeting with Children as Zone of Peace - A National Campaign, Maoist leaders have
also expressed their commitment to helping in the initiative for raising public awareness for
minimizing the risk of haphazardly left explosives.
Open discussions have been started on the rationale of and need for programmes targeted
to displaced and other children seriously affected by the armed conflict, including children
involved in the armed force or group. A positive attitude is being developed towards the
opinion that the state party should address the problems of children working with rebels. All
of such developments are rays of hope.
What didn't happen?
Although issues related to children naturally deserve priority in the peace process and talks,
they are not found receiving due priority and importance. There have been a number of
agreements between the government and the Maoists. But no agreement has addressed
children's issues. The state, the CPN (Maoists) and civil society active in political front have
remained indifferent continuously towards the children who are associated with the armed
force or group. It has been experienced that media has also not given necessary coverage
to such issues.
The displaced and conflict affected children, including those associated with the armed force
or group, are unable to be fully assured of their security for the lack of a dependable peace
process. No programme with psychological counseling, education, health services and
livelihood alternatives targeted to the children, whose childhood has been snatched away by
the violent conflict, has been formulated so far. The concerned organizations are only
engaged in discussions, workshops and studies.
It has not been ensured by the parties involved in the talks that children are zone of peace
and in no circumstances they will be taken to be associated with armed force or group. It has
not been possible to make acceptable the international definition of children in association
with the armed force or group to both parties involved in the talks. As a result, motivating
them to apply the definition in day- to-day practice has become impossible.
The killing and dying of children has not been stopped. The incidences of sudden explosions
have continued to take place even after the declaration of cease-fire. It is not a new thing in
Nepal to find explosive devices abandoned as the reminiscent of war. A lot of children have
died or been injured while playing with or touching such stray explosive devices owing to the
lack of awareness and childish curiosity. In addition to this, children are also victimized of
explosions while going for the collection of fuelwood and fodder and fetching water as well
as working in the field. During the period after the declaration of cease-fire, the number of
dead and injured has increased in comparison to the period of conflict. This issue is not
being addressed according to its seriousness.
Some students are still in the custody of security force and rebels. Cadres of CPN (Maoists)
have been involving the students in their programmes forcibly and instigating them to
become guerillas. Activities, such as abduction of children, threatening, punishing and
torturing them are still continued. Running of the schools are obstructed showing different
false reasons. Many schools are still closed.
Because of lack of ground to be assured of security, a large number of displaced people
have not returned their homes. The problems, including education, health, being faced by
children of such families, have been complicated. The state or the Maoists have not
formulated any policy or programme targeted to the conflict-affected children. The state has
not introduced any programme to provide necessary assistance and services to children of
families close to the CPN (Maoist).
Among the children associated with the armed force (the government army and police) and
armed group (People's Army of CPN-Maoist), the number of returnees and unified with their
families is very few.
Summery description of the information collected by the organizations involved in this
campaign is presented below to draw attention of all concerned stakeholders on the violation
of child rights during this period.
Report in Detail
1. Use of Children
In this period, incidences of abduction and use of children and torturing them have
decreased in comparison to the past. However, such incidences have not been stopped
completely.
The monitoring reports of the various human rights organizations covering the period of 100
days after the restoration of democracy have mentioned that Maoists have been involving
children in their school uniforms in various programmes. This indicates that children are
being used against the international norms of child rights.
1.1 Use of children
During the monitoring of various places of the Kathmandu Valley such as Koteshwor,
Bhaktapur, Banepa, Boudha, Jorpati, Maharajgunj, Balkhu, Kirtipur, Kalanki, Thankot and
Chapagaon, the activists of the CPN (Maoist) have been found involving children in their
school uniforms in various programmes. Further more, the Maoists and other political parties
are forcing children to attend different programmes in other districts, too.
In the same way, the Maoists' student wing-- All Nepal National Free Students Union Revolutionary (ANNFSU - R)-- closed nine schools of Salyan district and took students to
Shiva Jana Higher Secondary School, Shitalpati for making them participate in the Student
Day Programme, which was organized by them.
1.2 Abduction and torturing of children
Still in the various parts of the country, Maoists are abducting and torturing children on
various charges, threatening them to join their cultural troupe and army, forcibly associating
them in the armed group, etc. Moreover, it has been found that activists of CPN (Maoists)
and other parties are pressurising students to join the student unions aligned to them and
their parties. Here is some information proving the above-mentioned facts.
Nawalparasi
Maoist cadres abducted three children studying in a school of Makar VDC, Nawalparasi on
June 20, 2006. According to the complaint of the abducts, they were tortured after abduction
and locked in an office room of Madhesi Mukti Morcha, located at Tulsinagar, Tilakpur VDC1. They were released the next day only. According to one of the victims, a woman came to
his home at 3:00 PM and told him that his uncle had called him. Then, she took him to the
office of Maoists' student wing -- ANNFSU-R, located at Bardghat and beat him up with
baton severely on his back. From there, he was taken to the office of Madhesi Mukti Morcha
at Tulsinagar, Tilakpur VDC-1 by a vehicle and kept there. He was beaten up by the Maoists
there also. They said that they were also mentally tortured by saying that they would be
taken to Rolpa for digging a road.
According to another boy, he was playing football at a ground nearby his home. At 2:30 PM,
a Maoist cadre called him and took him to the office of ANNFSU - R at Bardghat and beat
him with baton severely on his back for 8/9 times. Then, he was locked up in the office of
Madhesi Mukti Morcha. He was also beaten up there. He was not only beaten with a stick
and a baton, but also forced to stand upside down for five minutes when they were releasing
him, he said.
Similarly, another boy was going to play football on a ground. On the way, as he was
passing through the office of ANNFSU - R, he was caught and beaten up by two activists.
Then, he was locked in the office of Madhesi Mukti Morcha. He was also tortured physically
even in the process of inquiry. The Maoists were charging the boys for stealing a duck. But
the boys denied the charge. However, they conceded that they had eaten some duck meat
cooked by one of their friends. They were released in the evening of June 21, 2006 only
after making them stood upside down for five minutes.1
Banke
Some Maoist cadres abducted a 17-year-old boy from Raniyapur VDC-3 on June 30, 2006
for inquiry on the charge of theft in a shop. His whereabouts and conditions are still
unknown. 2
In this district, children associated with the armed group have not returned home.
Makwanpur
Even after the restoration of democracy, the Maoist group has pressurised and threatened
two girls of the district first to join their cultural troupe and then their army. That is why, the
girls, studying at a higher secondary school, have been fearful to continue their study.
Apart from the activists of Maoist, cadres of other political parties have been pressurising
high school students to join their parties and their student unions.
1
2
INSEC
INSEC
1.3 Children associated with the armed force and group
Various NGOs have been running reintegration and rehabilitation programmes for the
children associated with the armed force and group in various ways. Under such
programmes, they can participate in a special package programme, which includes
psychosocial counseling, education, vocational training, employment opportunity and
reintegration with their families. However, very few children have approached for such
programmes during this period. According to UCEP Nepal, only one child has visited the
rehabilitation center in the hundred days after the restoration of democracy. Therefore, it
seems that the process of identifying the children associated with the armed force or group
and withdrawing them is still complicated. It is rather difficult to make their contact with and
meet their families, who are still in dilemma about taking them back home. Some families are
not assured about the security despite the easy present environment for the children, who
were once associated with the armed force or group.
2. Murder, Death and Injury of children
After the declaration of the cease-fire on April 27, 2006, eight children (six boys and two
girls) have been killed by armed conflict related causes. Among them, one was three-yearold and four were between 10 -15 years. Among the two adolescents, one was 18 and other
was 19 years old. Four boys were killed by the explosion of stray explosive devices, two
were murdered and two committed suicide. In this way, even after the armed conflict has
been stopped, its impact on children is still seen.
After the cease-fire, a vigilante group using a sharp weapon has killed a three-year-old son
of a Maoist activist. In another incident, an 18-year-old girl was kidnapped by the Maoists on
charge of theft, but she succeeded in fleeing from their control and committed suicide by
jumping into the Bheri river. A 13-year-old boy committed suicide while he was kept in the
labor camp. The Maoists kidnapped him on charge of raping a 12-year-old girl. Among them,
one boy was from Morang-1, the girl was from Jajarkot-1 and another boy was from
Kapilbastu-1. This proves that children have lost their lives owing to other causes related
with the armed conflict.
2.1 Murder and Death of children
In this period, three boys and one girl died due to causes related with armed conflict.3
a)
Name: Majit Barai, Three-year-old
Address: Kapilbastu, Fulika VDC-2
Date of Incident: June 1, 2006
A three-year-old son of Dharma Raj Barai, a Maoist activist of Fulika VDC-2, Kapilbastu, was
murdered and another son and one daughter were injured in an attack done by an armed
group with the help of sharp edged weapons on the night.
3
CWIN Nepal/INSEC
b) A 13-year-old boy killed himself in the labor camp of the Maoists, who had kept him in the
labor camp after kidnapping him on the charge of raping a 12-year-old girl.
c)
Name: Dumkali Damai, 19-year-old
Address: Jajarkot
Date of Incident: July 5, 2006
A local adolescent, who was captured by Maoists on the charge of theft, committed suicide
by jumping into the Bheri river. A Maoist leader said that he was unknown about it.
d)
Name: Bishal Tamang, 19-year-old student
Address: Sindhupalchowk, Thulopakhar-3
Date of Incident: June 10, 2006
Involvement of Bethan Memorial Brigrade in Sindhupalchowk Murder : INSEC
Report
The Investigation Committee, formed at the local level to investigate into the murder of
Bishal Tamang of Thulopakhar VDC, Sindhupalchowk by Maoists after kidnapping him on
June 9, 2006, has made public its report on June 27, 2006 in Thulopakhar following the field
study of seven days.
The committee has found that Bishal Tamang was brutally killed by torturing him. The report
has mentioned that nine persons, including Kishor of Bethan Memorial Brigrade of Maoists,
were involved in the murder of Bishal and demanded legal action against them.
The investigation committee, formed under the coordination of Mr. Chari Bahadur Ghising,
former chairman of the VDC, comprised 13 members, including human rights activists,
journalists and Mr. Shankar Lama, Chief of People's Government of Maoists in Dolakha
district. During the time of making public the field-based report prepared with involvement
and agreement of the Maoists, the latter were out of touch. Therefore, local people became
agitated. The Maoists have said that the convicted 9 Maoists activists will be handover to the
state after the completion of peace process.
2.2 Children Injured
One boy and one girl were injured in the period owing to the armed conflict related cause.4
a)
Name: Sonu Barai, 5-year-old, Bhagawati Barai, 17-year-old
Address: Kapilbastu, Fulika VDC-2
Date of Incident: June 1, 2006
4
CWIN Nepal
Three-year-old son of Dharma Raj Barai, A Maoist activist of Fulika VDC-2, Kapilbastu, was
murdered and another son and one daughter were injured in an attack done by an armed
group with the help of sharp edged weapons on the night.
3. Impact of Explosives
Children have remained a hit hard lot during the 11-year-old internal conflict in Nepal. As the
saying 'Sandheko Judhai Bachchhako Michai', adults involve in the war, they may lose or
win, but the children suffer from its direct and indirect impact. As a live example of its direct
impact of war, children are still suffering even after the cease-fire. The number of deaths and
injuries due to explosives has increased at present as compared to the past. In the period of
four months before the cease-fire, five children died and 25 were injured, but during the
period of hundred days after the cease-fire, the number of children who have died and
sustained injuries have stood at four and 26 respectively.5 Therefore, it has been necessary
to pay due attention to the seriousness of this matter.
3.1 Children's death owing to the explosives
Even after the cease-fire, the explosives, reminiscent of the conflict, continue to hurt the
children. A lot of people have been killed and wounded by the intentionally used explosives
during the period of conflict. It is a matter of sadness that a lot of explosions have been
taking place unexpectedly even after the cease-fire. According to preliminary statistics, in the
period of three months after the cease-fire, unexpected explosions have affected 35
persons. Among them, the number of children is 30. Most of such explosions were occurred
when children unknowingly play with or move explosives. Such incidents have mostly
victimized boys (24 boys). It makes clear the importance of providing education on the risks
of explosives to the children. Within the period of three months, four among the 30 victimized
children from explosions have died: one in Dhading, two in Rupandehi and one in Surkhet.
Among the children, who lost their lives, three were between 10 -15 years and one was 18year-old. The details of the incidents are provided below 6:
a)
Name: Bishnu Kasain, 18-year-old
Address: Dhading, Nalang VDC-6
Date of Incident: April 25, 2006
An 18-year-old Bishnu Kasain died and his 12-year-old sister Sushma Kasain was injured
when a bomb exploded in Nalang VDC-6 in the middle part of Dhading on 2006 April 25.
They were staying in the house at the time of explosion. Bishnu was a Maoists activist and
the socket bomb was exploded when he was trying to show the bomb to his sister.
b)
Name: Gopal Thapa, 12-year-old
Address: Rupandehi, Ghodaha Jungle of Dev Daha VDC-6
Date of Incident: May 14, 2006
5
6
CWIN Nepal, INSEC and Unicef
CWIN Nepal, INSEC and Unicef
A group of boys, went to Ghodaha Jungle of Dev Daha VDC-7, Rupandehi mistook an object
for a toy and when they played with it, it exploded. In the explosion, one boy died and two
boys were injured. They were staying at local orphanage. There was a fight between Maoists
and security force on February 9, 2006.
c)
Name: Kul Bahadur Thapa, 12-year-old
Address: Rupandehi, Butwal Municipality-9, Deepnagar
Date of Incident: June 6, 2006
A boy of Deepnagar, Butwal Municipality-9, Rupandehi district, brought a bomb, as he found
it when he went to Gurung Hill of Churey area, nearby his home in search of mushroom.
When he knocked down the device on a pipe, it exploded. Kul Bahadur Thapa was injured
from small shots of the exploded bomb and he lost his life when he was on the way to a
hospital for treatment.
d)
Name: Hom Bahadur Rana, 11-year-old
Address: Surkhet, Hariharpur-6, Pagma
Date of Incident: June 20, 2006
Mansara Rana of Pagma, Hariharpur-6, Surkhet was showing a stray bomb, brought from a
jungle ten days ago to a soldier, visiting the village on home-leave. Suddenly, the bomb
exploded. The soldier and a boy died in the incident.
3.2 Children injured owing to explosive devises
In the period, 26 children (six girls and 20 boys) have been injured owing to explosive
devices. Among them, one was injured in Dhading and two in Palpa, one in Sindhupalchowk,
one in Udayapur, two in Sindhuli, five in Tanahun, two in Rupandehi, three in Kabhre, five in
Kailali and one in Morang. This shows that the impact of the armed conflict has not been
controlled totally even after the armed conflict has been ceased. Children are being
victimized directly. The details are as follows7:
a)
Name: Sushma Kasain, 12-year-old
Address: Dhading, Nalang VDC-6
Date of Incident: April 25, 2006
A 12-year-old Sushma Kasain was injured when a bomb exploded in Nalang VDC-6 in the
middle part of Dhading on April 25, 2006. She was staying in her house at the time of
explosion. Her brother, a Maoist activist, was trying to show the bomb to her when it was
exploded.
b)
Name: Asmita Timilsina, 11-year-old, Susmita Timilsina, 8-year-old, Deepak
Lamichhane, 15-year-old
Address: Kabhre, Chhatrebas-3, Daregauda
7
CWIN Nepal, INSEC and Unicef
Date of Incident: May 3, 2006
Three children of Daregauda, Chatrebas-3, Kabhre were injured when a stray bomb was
exploded. According to security force, they were working in the vegetable garden, when the
pressure-cooker bomb, buried in the ground, was suddenly exploded and they got injured.
They received treatment in Birendra Military Hospital, Chhauni, Kathmandu. In a clash
between security force and Maoists on March 20, 2006, 13 soldiers and one Maoist were
killed in the same place.
c)
Name: Pushpa Thapa, 10-year-old, Rambe Kumal, 8-year-old
Address: Rupandehi, Dev Daha VDC-6, Ghodaha Jungle
Date of Incident: May 14, 2006
A group of boys, went to Ghodaha Jungle of Dev Daha VDC-7, Rupandehi mistook an object
for a toy. Appealed by child curiosity and nature, they started to play with it. Suddenly there
was an explosion and one boy died and two were injured. They were staying at a local
orphanage.
d)
Name: Som Bahadur Thapa, 16-year-old, Sandeep, 10-year-old, Anjan, 6-year-old,
Shyam, age not disclosed
Address: Tanahun, Harshapur
Date of Incident: May 14, 2006
Children found a detonator, used for exploding mine, which was left by Maoists in
Harshapur, Tanahun. They thought that it was a battery and connected it to a radio, which
resulted in an explosion and injured five children.
e)
Name: Pawan Kafle, 16-year-old, Narayan Bhattarai, 16-year-old
Address: Sindhuli, Sithauli VDC-6
Date of Incident: May 12, 2006
Two students from Sithauli VDC-6, Sindhuli were injured due to explosion of the bombs they
were carrying. They were forcibly made to carry the bombs by Maoists.
f)
Name: Hem Narayan Karki, age not disclosed, studying in Class 7
Address: Nearby Mahendra High School, Bamlichha VDC, Udayapur
Date of Incident Published: June 18, 2006
A bomb explosion nearby Mahendra High School, Bamlichha VDC, Udayapur left a boy
injured, He was studying in Class 7. His leg has been extensively damaged. It has been said
that there are several holes in his body. The explosion was occurred when he was walking
along the road.
g)
Name: Ashish Tamang, 9-year-old
Address: Sindhupalchowk, Talamarang VDC-7
Date of Incident Published: June 26, 2006
Ashish Tamang, a nine-year-old boy from Talamarang VDC-7, Sindhupalchowk, has been
injured in an explosion of a stray bomb left by Maoists. The bomb, found in a field and taken
to his home, was exploded when he was playing with it.
h)
Name: Parvati Gahatraj, 6-year-old, Sanchit Gahatraj, 5-year-old
Address: Palpa, Bandipokhara VDC-7
Date of Incident: June 12, 2006
A girl and a boy have been injured when a socket bomb was exploded in Jogipani of
Bandipokhara VDC-7, Palpa. The children were playing in a distance of about 10 metrrs
from their home. At 8:30 AM, when they threw the explosive device in the gutter by the side
of the road, it exploded. Both were taken to the District Hospital, Tansen immediately for
treatment. Parvati was admitted to Mission Hospital and released after one week. The small
shots penetrated in her both legs are not still removed. Sachin Gahatraj was returned home
after general treatment. He had small shots on his chest and stomach.
i)
Name: Peter Ramjali, 11-year-old, Ram Bahadur Sunar, 12-year-old, Sher Bahadur
Khadka, 18-year-old
Address: Surkhet, Chhinchu VDC, Pandule
Date of Incident: July 26, 2006
Three children were injured in an explosion of a stray bomb by the side of a road at noon
when they were returning home after collecting mushroom in a jungle. They were taken to
Regional Hospital, Surkhet for treatment. Ram Bahadur, who was in critical condition owing
to the wounds on his chest, armpit and head, was taken to Nepalgunj the next day.
j)
Name: Kailash Rawal, 3.5-year-old, Smriti Sharma, 3-year-old, Sushmita Dhamala,
1.5-year-old, Amik BK and Sarwajeet Rawal
Address: Kailali, Sugarkhal VDC-9
Date of Incident: June 30, 2006
A bomb explosion injured children when they were playing nearby a platform.
k)
Name: Mohammad Safin Miyan, 18-year-old
Address: Morang, Rangeli VDC
Date of Incident: May 19, 2006
He was injured when a mine, placed in the premises of Ilaka Police Office, exploded by a
thunderbolt.
Children died and Injured
Ch
ild
re
n
Af
fec
te
d
25
20
19
Not Known
15
10
6
by
5
5
ex
pl
osi
on
s
Boy
Girl
20
4
3
2
1
0
0
Injured
Died
Hundred Days of Demorcay
Injured
Died
Four Months
(2006 Jan - Apr
4. Obstruction in School Management
Thousands of schools are being closed and reopened time to time in the course of the 11year armed conflict conducted by the CPN (Maoist). The Maoists are organizing their
programmes in schools assuming them as safe zones and the military is also conducting its
operations there. This has impacted severely on children and owing to the fear caused by
such activities a lot of children are leaving their schools. Cease-fire has brought new hope
and belief to all. Even in such an environment, many schools remained closed for a long
time have not been able to reopen. A leader of Maoists' student wing -- ANNFSU - R has
claimed on 2006 May 1 that closing the schools is not a policy of his union. The claim was
made immediately after the publication of a news report on the pressure created to close
private and boarding schools after the cease-fire. Not in the line of the leaders' claim, many
among the closed schools have not been reopened yet.
4.1 School Closure
A private school of Parbat, which was closed for two years, was reopened by the
management assuming that the environment has been positive. But the school was
compelled to close again immediately after it was reopened. Sisne Himalaya English
Medium Boarding School, Jhulneta, Rukum district, established recently, has been forced to
remain closed within one month of opening. A Maoist district member charged the school
that it was opened without consultation with their regime and ordered to close it. 8
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CWIN Nepal
The Maoists have been conducting their activities in Shree Janaki Lower Secondary School,
located at Dohali, Jhimpe VDC-2, Salyan district since July 8, 2006. According to the
Headmaster of the school, the school activities have been terminated for the period of July
20, 2006 to August 4 after Maoists speeded up their activities in the school. Maoist activists
and People's Army entered the school on July 8, 2006 opening the door by a key taken from
a peon of the school. They captured the school for the preparation of a district level training
programme. But the Maoists did not free the school even after the completion of Monsoon
holiday on July 18, 2006 and said that they were going to stay there for some more days.
After students started to come to the school on July 18 and 19, the school was opened, but
owing to the lack of study environment, teachers were compelled to declare the closure of
the school once again for 15 days. Because of the closure, school life of 213 boy and 160
girl students, in total 373 students studying in class 1 to 8 of the school, has been disturbed.
9
4.2 Disturbance in regular school activities
The Maoists and other political parties have included students of High Schools in their
political education sessions many times with an objective to strengthen unions of their
parties in Makwanpur district. It has caused disturbance to school activities regularly.
Activists of Maoists' student wing ANNFSU-R manhandled a 15-year-old boy studying in
class 10 of Jana Sewa High School, Ghusra, Lati Koili VDC-3, Surkhet district for refusing to
join their student union. Two activists ANNFSU - R, who reached the school in the morning
of June 2, 2006, manhandled him. According to the victimized student, those activists of
ANNFSU - R called him to another classroom and slapped two times and compelled him to
sit down and stand up five times for his refusal to join their union. The school activities were
obstructed on that day since the activists of ANNFSU - R conducted their programme
compelling to close the school.10
School activities were obstructed when activists of ANNFSU - R collected more than three
thousand students from two dozen schools of Surkhet valley during school hours to make
them participate in the rally of third conference of Bheri Zone of ANNFSU - R. The student
union forced the students of primary, lower secondary, secondary and higher secondary
schools located at Birendranagar Municipality, Jarbuta, Latikoili and Uttar Ganga VDC of
Surkhet valley to participate in the gathering on June 8, 2006. 11
As the students of class 5 to class 12 of Jana Higher Secondary School, Amar Jyoti Higher
Secondary School, Sanskrit High School, Herman Miner High School, Dhodekhali High
School, Bhairav Sthan Proposed High School, Usha Bal Batika Boarding, Adarsha Boarding
of Birendranagar Municipality and Gagre Tal High School of Jarbuta VDC and Tatopani
Primary School of Uttar Ganga VDC were collected for the participation in the rally, the
activities of all the schools were totally obstructed on that day. 12
According to the information sent by Nil Mani Koirala published in the 'Readers' Forum' of
the Kantipur Daily, dated July 28, 2006, Shiva Dhan Rai, a teacher of Fattepur-4, Saptari
was abducted by the activists of Janatantric Mukti Morcha on May 16, 2006 and demanded
Rs. 500,000 for his release. In the same way, CPN (Maoists) abducted seven teachers and
three women from Lekhparajul, Surkhet.
9
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11
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12
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10
Mr. Tika Khanal, a teacher of Janak High School, Methinkot VDC, Kabhre Palanchowk was
abducted by Maoists and released later. He was abducted one day earlier on the charge of
not paying wages to a domestic worker.13
5. Presence of Security personnel and their activities in Schools
According to a report entitled 'Children Encircled by Barbed Wire', released by Children are
Zone of Peace - A National Campaign on June 26, 2006, there was active presence of
security personnel in 11 school buildings or their premises and every student has to enter
their school only after undergoing a strict checking and crossing barbed wires of security
bodies in most of the schools.
After the release of the report, security personnel from some schools have been removed as
demanded by different member organisations of the Children are Zone of Peace - A National
Campaign. The very action is in process in some more schools, but in some schools, there
has been no action regarding removing their presence. Now, it has been found that there is
presence of security personnel and their activities in eight schools.
5.1 Schools freed from the presence of Security personnel and their activities
a) Bal Mandir, Syangja
Ramban Gulm was established in Bal Mandir, located at Putali Bazar Municipality-1 since
March, 2003. It shifted to the land of Sahara Child Home, which was under construction,
located at Putali Bazar Municipality-5 since June 29, 2006. It provided compensation of the
land to the owner. Apart from compensating for the land, the Gulm has also built a waiting
room, provided free labor to build two rooms, constructed Ram Mandir and created a fixed
fund of Rs. 35,000.00 from the money saved against the free labor for building two rooms in
Bal Mandir. The Gulm has stated that all the mines placed in the area of the school
compound and Bal Mandir have been removed.
b) Tribhuvan Adarsha High School, Syangja
Ramban Gulm has removed military and barbed wire from the land of Tribhuvan Adarsha
High School and Tribhuvan Adarsha Campus since December, 2001.
c) Bal Mandir Primary School, Sindhuli
The Polish Post, established in Bal Mandir Primary School, located at Sindhulimadhi, the
headquarters of Sindhuli district, has been removed since July 13, 2006 after the Police
Headquarters dispatched a written directive to do so.
d) Nepal Bal Mandir Primary School, Kalaiya, Bara
With the reference to a written directive from the Police Headquarters, a police post
established at Nepal Bal Mandir Primary School, Kalaiya, Bara has been removed since July
10, 2006.
13
Kantipur National Daily, 2006 July 28
e) Student Hostel Building of Tribhuvan Adarsha High School, Pharping, Kathmandu
According to Mr. Ram Bahadur Basnet, the Headmaster of Tribhuvan Adarsha High School,
a security post established in the premises of the school and Student Hostel Building has
been removed since May, 2005.
5.2. Schools still with the presence of Security personnel and their activities
a) Sharada High School, Chhinchu-7, Surkhet
A temporary Ilaka Police Post, established in a separate building in the school compound for
one year, is still in existence. In the same way, Chhinchu Joint Security Base Camp situated
in a distance of 50 metres from the school, has also been in existence since 2002. The
armed security personnel have been found active in the school premises even in the school
hours.
b) Tribhuvan Higher Secondary School, Musikot, Rukum
A security barrack in Tribhuvan Higher Secondary School, located at the headquarters of
Rukum district, still exists. All of the students studying in the school have to show their
identity cards to the security force before entering the premises of the school. If they fail to
do so, they are denied entrance. In a case of May 9, 2006, a student of the school was
asked to show his/her identity-card by a security personnel and after the student failed to
show it, he/she was punished with 50 times standing up and sitting down. Protesting the
case and demanding for the removal of the barrack from the school, student unions
affiliated to seven parties and Maoists closed the school on May 10. The barrack has been
there since long.
c) Shree Sangam Primary School, Tanahun
Shree Sangam Primary School is located nearby the barbed wire of Samarsur Gulm,
Chapaghat, Ward No. 8, Vyas Municipality, Damauli since last three years. The school
compound is touched by the barbed wire, which has not been removed yet. The military
barrack was established there prior to the school. About 70 students have been enrolled in
the school.
d) Beni Community High School, Arthunge, Myagdi
A military camp is still in front of the school.
Beni Community High School of Beni, the headquarters of Myagdi district, is located by the
side of Beni-Darbang road. Just opposite to the school, there is the office of District
Development Committee and the military camp is on the top of the office building. According
to the school source, school activities have been affected adversely, because the military
camp and the school are located on the two sides of the road. According to the local
residents, teachers, parents and students, there has not been any presence of militaries and
their activities in the school premises, but there is a board, written 'Mine Area' hanged on the
barbed wire area on the roadside. There is a danger of accident at any time.
d) Jamunakharka High School, Arthunge, Myagdi
The school has been shifted to another place after a military camp was established there.
Because of the negative effects of the military barrack established in the area adjoining the
border of the school, its primary level has been shifted to high school building since last one
year.
f) Siddheshwor Primary School, Diktel, Khotang
Siddheshwor Primary School of Diktel, which has been compelled to run in the barricade of
Chandra Dhwaj Gana of Nepali Army since August, 2005, has not been free from the
security barricade yet. According to an army source, a separate building is being built at a
distance of one kilometre from there for shifting the school. Upon the completion of the
construction of the building, the school will be shifted. But it may take 2/3 more months to
complete the building and the army will continue to use the existing school building and its
premises.
g) Dhumra Barahi Lower Secondary School, Sukedhara, Kathmandu
A temporary Police Beat established in Dhumra Barahi Lower Secondary School, located at
Sukedhara, Kathmandu, is in the process of shifting. It has been informed that the beat is
going to be shifted to Sukedhara, Ringroad.
h) Janajyoti Primary School, Nijgadh, Bara
Both of Janajyoti Primary School, located at Nijgadh and nearby health post have been
surrounded by barbed wire of military. The military barrack established by the side of the
school has not been shifted yet.
6. Internally displaced children
The displaced people of many places have started to return their home after the declaration
of ceasefire. But many families are not being able to return owing to the lack of sufficient
security. According to various sources, about from 350,000 to 400,000 people have been
displaced because of the armed conflict. According to CWIN Nepal's statistics, about 40,000
children are displaced owing to the same cause. A study report, launched on July, 2005 by
Save the Children Alliance, has stated that about five hundred children are fleeing to India
per day.
We can easily realize on the basis of these statistics that the problem of displaced children is
very serious and complicated. There is an urgent need for special package for returning the
displaced children to their homes. Since the problem could not be totally solved immediately,
programmes including psychological counseling, education, health and livelihood earning
alternatives, have to be operated.
Assuming that the internally displaced children in Banke and their problems represent the
picture of the whole country, the case is presented here:
Most families and their children, sheltered in the camp for internally displaced people,
located at Rajhena of Banke district, are unable to return to their homes.
The orphans, who lost their parents, and the children, whose parents are disappeared in the
armed conflict, are not receiving proper assistance.
Some children are suffering from psychosocial problems.
7. Negligence to injured children in People's Movement-2
During the People's Movement-2, a total of 273 children were injured by security personnel.
The state party has ignored those injured in the movement. The government has not even
maintained their record on the basis of age and proper arrangements for their treatment
have not been made.
About 224 children of up to 18 years are reported to have been injured only in Kathmandu
Valley from April 06, 2006 to April 24, 2006. Among them, 119 children were of up to 16
years. At least, three children among the injured were in serious condition. Detail
descriptions about only 169 injured children was collected. Among them, 12 percent were
injured by bullets and 20 percent suffered from head injuries. Seven percent suffered from
cuts, 14 percent had injury on their hands and legs, four percent with eye injury and bones of
four percent children were fractured. According the family source, Sagun Tamrakar, who
was one of those killed in the shooting at Kalanki on April 20, was 18 years old. It has been
informed that 49 children were injured in different places out of Kathmandu Valley. This
figure is based on the highlighted and reported events only. In the course of the People's
Movement, children were not only injured, but they were arrested too. 14
Various organizations, including CWIN, issued a public appeal to provide necessary
assistance to the injured children after the completion of the People's Movement. Then,
some humanitarian assistance was provided to the injured children and the ones facing
problem owing to injured parents for their protection. This figure represents only those who
came in contact. Thirty-three injured children came in contact with CWIN after the People's
Movement. Among them, four were under 13 years and 29 were from the group of 14-18
years and 68 people were adults.15
8. Negligence to children in National policies, agreements and
documents
Although all stakeholders, including different political parties, the Government of Nepal and
CPN (Maoist) have expressed their commitment towards children during separate meetings,
discussions and dialogues with them, it has not been reflected in any written documents
forwarded by them.
Nothing has been mentioned about the children in the historic declaration of May 18, 2006,
approved by the meeting of the House of Representatives, which was restored by the
People's Movement-2.
The 12th point of the cease-fire Code of Conduct, agreed between the Government of Nepal
and the CPN (Maoist) on May 25, 2006, has mentioned that both sides shall create an
environment for regular operation of schools, colleges, universities, hospitals, and health
14
15
CWIN Nepal
CWIN Nepal
centers and industrial establishments and the 18th point of the agreement has stated about
the provision to assist the individuals displaced from their homes for their rehabilitation.
Except these two points, the agreement has been silent regarding the children.
The eight-point agreement reached between the Seven Party Alliance and CPN (Maoist) on
June 16, 2006 has also not mentioned anything about the issues related to children.
Similarly, even the budget and the policies and programmes approved by the Government of
Nepal for the fiscal year of 2006-2007 lacks effective programmes targeted for the relief,
rehabilitation and protection of the rights of the children. Following are some children related
programmes included in the budget:
?
Provision of scholarships for 20,000 children of dalits, conflict victims and martyrs.
?
Continuity to the programs related to children’s rights protection and promotion
?
Continuity to the scholarships being provided to girl-students up to class 10.
?
Free tiffin will be provided to 24,000 students of up to the lower secondary level
schools of Karnali Zone and they will be given de-worming medicine.
?
For the schools facing the shortage of teachers, grants made available for the
teachers will be increased.
?
Teachers will be provided with the opportunity of in-service training.
?
In order to improve the physical facilities of schools, 109 schools and 4,200
classrooms will be constructed.
?
Martyrs' children will be provided with free education up to the graduate level.
?
A grant of Rs 5,000 per family of the displaced people will be provided for their
rehabilitation.
?
The destroyed school buildings will be reconstructed.
Meanwhile, the Peace Committee has submitted the draft of an agreement on
implementation of cease-fire and human rights and humanitarian law between the
Government of Nepal and CPN (Maoists) to the government on July 26, 2006. The draft
agreement is also silent regarding the children issues.
In the meeting of the House of Representatives conducted on July 27, 2006,
parliamentarians have highlighted the lack of programmes to rehabilitate the street children
and conflict affected children and emphasized on the need for effective programmes
regarding the problem. 16
Therefore, it seems that political parties, the Government of Nepal and the CPN (Maoists)
have to be more serious regarding the children issues. Further more, there is a need to bring
forward special policies and programmes for the children, who are affected by the conflict,
involved in armed forces and armed groups in different forms, displaced, orphans, those
16
RSS
separated from their families, injured and disabled, deprived from school and involved in
worst form of labor.
Recommendations
Reaching the conclusion that even after the restoration of democracy, the utmost interest of
the children is still neglected and some viable good initiatives have not been taken in this
direction, we present the following recommendations in front of the stakeholders:
?
All schools with the presence of armed military or group must be freed from them and
their entry should be prohibited in such areas.
?
The state must adopt a policy to provide equal type of services and facilities without
any discrimination for the children, whose childhood is snatched away by the conflict.
?
Respecting the international definition of children associated with armed force or
group, the state and the CPN (Maoist) must help the children in need to reintegrate
with their families immediately and the acts related to involving them in military or
group must be stopped immediately.
?
National and international NGOs working in the field of child rights must appeal in
public addressing the state and the CPN (Maoist) to create environment for the
reintegration of the children, who are associated with the armed force or group, with
their family immediately and lobbying hard continuously.
?
National and international NGOs working in the field of child rights must develop and
implement programmes, including psychological counseling, education, health
service and livelihood earning alternatives targeted to the children associated with
the armed force or group as well as displaced and the children, whose childhood is
snatched away by other causes related with conflict.
?
Media workers must prioritize the children's issues and cooperate in the protection of
the rights of the children associated with the armed force or group as well as the
children who are deprived of their childhood owing to the conflict.
?
Various types of explosive, as the reminiscent of the conflict (not exploded, left
haphazardly and explosive weapons not stored in a secured way), and land mines
must be properly managed or destroyed to reduce their risks and intensive media
campaign must be launched immediately by the government, civil society and mass
media to educate the society on risk reduction.
?
Killings, abductions, threats and tortures against children must be stopped
immediately.
?
Central Child Welfare Committee and District Child Welfare Committees mus t play a
leading role in the protection of children affected by the conflict in the changed
context.
?
The state, rebels and other stakeholders must be committed to respecting the
children and schools as zone of peace.
............................
"National Coalition for Children as Zones of Peace" was established in 2003 August to
advocate the initiatives of various UN agencies, National and International organizations
actively engaged in the protection and promotion of rights and interests of children affected
by conflict in an organized an unified way.
Member organizations: National Human Right Commission and ICRC (Observer Member),
Action Aid Nepal, ADRA Nepal, Child Awareness Group, Care Nepal, Children at Risk Network Group (CAR-NWG), CCSD, Child Development Society, Child NGO Federation,
Child Nepal, CWIN, CWIS, HURON, IHRICON, INSEC, Jagaran Nepal, Jagriti Child Club,
Maiti Nepal, NGO Federation, Nepal Red Cross Society, Nepal Rugmark Foundation,
Partnership Nepal, Plan Nepal, RRN, Sathi, Sahara Group, Save the Children Japan, Save
the Children Norway, Save the Children US, Seto Gurans, UCEP, Unicef, United Mission to
Nepal, World Education, World Vision.