LM Report 2001

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NEPAL

Key developments since May 2000: Maoist rebels have used homemade landmines in ever-greater numbers as conflict expands. There are now serious indications that government police forces may be using mines as well. Parliamentarians have confirmed that the Army has a stockpile of antipersonnel mines. The government reported 2,456 mine incidents, killing 1,366 people, from February 1996 to June 2000. For the year 2000, the Nepal Campaign to Ban Landmines identified 182 casualties from landmines and improvised explosive devices.

Mine Ban Policy

Nepal has not acceded to the Mine Ban Treaty, but has been studying the implications of joining the treaty. The Minister of Foreign Affairs Chakra Prasad Bastola told Landmine Monitor, “Although Nepal has been studying various clauses of Ottawa Treaty before signing it, no considerable progress has yet been reached in this regard.”^[1] At the opening of the Landmine Monitor/ICBL meeting in Kathmandu on 29 January 2001, the Minister for Law, Justice and Parliamentary Affairs, Mahantha Thakur, said the government was positive about the treaty, and that the government was making preparations to join.^[2] Following the meeting, Chairman of the Parliamentary Foreign Relations and Human Rights Committee, Som Prasad Pandey, said, “We are going to place this issue high on the agenda of the next committee meeting.” Numerous other lawmakers also expressed support.^[3]

Nepal participated as an observer in the Second Meeting of States Parties to the Mine Ban Treaty in September 2000, but did not attend the intersessional Standing Committee meetings in December 2000 and May 2001. As in previous years, Nepal voted in favor of the November 2000 UN General Assembly resolution calling for universalization and implementation of the Mine Ban Treaty.

Nepal is not a party to Convention on Conventional Weapons or its Amended Protocol II on landmines, and has not participated in CCW or Amended Protocol II diplomatic meetings.

The South Asian Landmine Monitor Meeting was held in Kathmandu from 28-31 January 2001. In addition to Landmine Monitor researchers and coordinators, participants included Nepalese government officials and parliamentarians (representing the major political parties of Nepal, including the Nepali Congress, the Communist Party of Nepal and the Rastriya Prajatantra Party), diplomats from other regional nations, and representatives of UNICEF. The parliamentarians expressed their support for a ban on landmines and agreed to address the landmine issue in Parliament.^[4] The opening plenary included statements by the Minister of Law, Justice and Parliamentary Affairs, the Chairman of the National Assembly Social Justice Committee, and Ambassadors from Bangladesh and Pakistan.

In a major effort to sensitize civil society to mine ban issues and the landmine problem in the country, the Nepal Campaign to Ban Landmines (NCBL) held six meetings and a national seminar between October and December 2000. A total of 107 organizations representing students, women, religious organizations, youths, and professionals participated. Officials from the government and parliamentarians also attended and expressed their support for NCBL’s initiatives.^[5]

Use

The escalation of the conflict between the government and the Maoist United People’s Front, which began in February 1996, has led to a rise in the use of landmines by the Maoists. According to the NCBL, the Maoists have now used mines in 37 districts, as opposed to four districts a few years ago. The Deputy Inspector General of Police, Rajendra Bahadur Singh, has said that the Maoists have acquired great expertise in the use of landmines and other explosives, and that they “are widely using landmines along roads and in jungles, both for their protection (from police) and to kill the police.”^[6] While Mr. Singh has indicated that the Maoists only use homemade mines (Improvised Explosive Devices, IEDs), others have alleged use of factory-made mines, too.^[7]

The Maoists have also mined hills and jungles extensively to prevent the police from disrupting their mass meetings.^[8] In December 2000 two policemen were killed and four were injured when they tried to reach a Maoist mass meeting. The press, which was invited to the meeting, reported the incident extensively.^[9] According to Hon. Goma Devkota, this kind of incident happens in other districts too.^[10]

Though not confirmed, there are some serious indicators that government forces, and the police in particular, may have been using antipersonnel mines. Parliamentarians have confirmed that the Army has a stockpile of antipersonnel mines, and that it has provided small quantities to the police.^[11] In a February 2001 interview, a police surgeon did not hesitate to tell a Landmine Monitor representative that police forces were using mines, and that the Army supplied the mines.^[12] Several members of Parliament have also stated that the police use mines. At a NCBL meeting in December 2000, the Hon. Prem Bahadur Singh said that police have laid mines around police stations to protect them from the Maoists in conflict-affected areas.^[13] Speaking in February following the Landmine Monitor meeting in Kathmandu, Ram Man Shrestha, a lawmaker in the Upper House, said, “We cannot draw conclusions by saying that only the Maoists are using the landmines. The police too must be using them.”^[14]

However, the government has officially denied using antipersonnel mines. The Deputy Inspector General of Police, Rajendra Bahadur Singh, told the media that the police do not use mines and have other means to protect their outposts.^[15] The Spokesperson at the House Ministry, Gopendra Bahadur Pandey, said “As far as I know, the police are not using landmines anymore.”^[16]

Production, Transfer and Stockpiling

It is unknown if the government produces antipersonnel landmines. Landmine Monitor received one unconfirmed report from a police surgeon that the government has two small factories that produce antipersonnel mines, as well as grenades and ammunition.^[17] Nepal is not believed to have exported antipersonnel mines.

Several parliamentarians have confirmed that the Army has a stockpile of antipersonnel mines.^[18] The Army has provided some mines to the police.^[19] The number, types, and sources of the antipersonnel mines in stockpile are unknown.

The Maoists produce homemade landmines, also known as Improvised Explosive Devises. A homemade mine may cost between US$0.34 to $11.00, depending on the quality of the components.^[20] A government report alleges that the Maoists have been getting detonators and explosives from the People's War Group of India, and the Maoist Communist Center of India.^[21]

Landmine Problem

Initially, landmines were found in four districts of western Nepal: Rukum, Rolpa, Salyan and Jajarkot. Following the expansion of the conflict, landmine accidents have been reported in 37 districts.^[22] According to a survey on landmine casualties conducted by NCBL, eight districts are heavily mine-affected, 17 districts are moderately mine-affected while the 12 districts experience only minor and sporadic accidents.^[23]

Mine Action and Mine Awareness

The on-going conflict makes it difficult to conduct mine action operations. The police do not have the training and skills to deactivate and clear Maoist’s mines and IEDs. Unskilled and under-resourced mine clearing activities have already caused casualties among the police.^[24] The Nepal Campaign to Ban Landmines is the only entity aimed at raising public awareness on the dangers of mines. There are no government programs. The NCBL has called for the media to conduct mine awareness education.

Landmine Casualties and Survivor Assistance

The Minister of Home Affairs presented a report to the Parliament revealing that between February 1996, when the Maoists launched the “People’s War,” and 21 June 2000, 2,456 mine incidents have occurred, killing 1,366 people.^[25] According to the NCBL, between June 2000 and December 2000, a further 76 incidents occurred.^[26]

Both police and civilians were killed and injured by rebel mines and IEDs in 2000. The NCBL collected data on 182 casualties, including 62 civilians.^[27] Of the 182 casualties, 106 died and 76 were injured. However, it is unclear what percentage of the casualties was the result of landmines or of IEDs. In some cases the incidents may have involved bombs or other devices that are not victim-activated like landmines.

According to the NCBL survey, about 50% of mine and IED victims die before they reach hospital. Civilian victims are treated either in Bheri Zonal Hospital, Bir Hospital or Tribhuvan University Teaching Hospital. Police personnel are treated in the Birendra Police Hospital.^[28.]

Disability Policy and Practice

In the 1990 Constitution of the Kingdom of Nepal, under Fundamental Rights Part III and under the Right of Equality Part IV, it is stated that special measures will be taken to provide education, health and social services for people with disabilities.^[29] However, there are no special provisions in the law relating to the treatment, rehabilitation, and other aid for the disabled. The provision of a pension of Nepali Rupees 100 per month, since 1995, for the aged, widows and the disabled is unreliable and has not been distributed on time.

The Ministry of Home Affairs recently announced that police victims of the Maoist insurgency would receive US$9,459 and civilian victims US$1,351. The amount will be provided to the victims’ families only in the case of death, not injury.

^[1] Interview with Hon. Minister Chakra Prasad Bastola, Ministry of Foreign Affairs, Pulchok, 30 January 2001.
^[2] “HMG preparing to sign Ottawa Convention,” The Rising Nepal, 30 January 2001; “Homemade landmines being used, say experts,” The Kathmandu Post, 1 February 2001.
^[3] “Homemade landmines being used, say experts,” The Kathmandu Post, 1 February 2001.
^[4] Hon. Jeevan Prem Shrestha, Chairman Social Justice Committee, National Assembly, at the South Asian Landmines Monitor Meeting, Kathmandu, 29 January 2001.
^[5] NCBL meetings gathered political parties on 23 October 2000; youth organizations on 1 November 2000; professional organizations on 12 November 2000; religious organizations on 19 November 2000; student organizations on 25 November 2001; women’s organizations on 1 December 2000. The National Seminar was held on 11-12 December 2000.
^[6] “Homemade landmines being used, say experts,” The Kathmandu Post, 1 February 2001.
^[7] Interview with Hon. Shankar Nath Sharma Adhikari, Sindhuli, 2 February 2001.
^[8] Interview with the journalists invited to the mass meetings, 30 December 2000.
^[9] “Maoist Mass Meeting planting landmines around the area,” Space Time Daily, Kathmandu, 22 December 2000.
^[10] Interview with Hon. Goma Devkota, Nepal Bar Association, 27 February 2001.
^[11] Interview with Hon. Shankar Nath Sharma Adhikari, Sindhuli, 2 February 2001; Paper presented by Hon. Prem Bahadur Singh, at a national seminar on Ban Landmines for Human Rights and World Peace, organized by NCBL, Kathmandu, 11-12 December 2000.
^[12] Interview with Anand K. Shrestha, police surgeon, Kathmandu, 2 February 2001.
^[13] Paper presented by Hon. Prem Bahadur Singh, at a national seminar on Ban Landmines for Human Rights and World Peace, organized by NCBL, Kathmandu, 11-12 December 2000.
^[14] “Homemade landmines being used, say experts,” The Kathmandu Post, 1 February 2001.
^[15] Ibid.
^[16] Ibid. This is a rather qualified denial, and the use of the word “anymore” may have meaning.
^[17] Interview with Anand K. Shrestha, police surgeon, Kathmandu, 2 February 2001.
^[18] Interview with Hon. Shankar Nath Sharma Adhikari, Sindhuli, 2 February 2001; Paper presented by Hon. Prem Bahadur Singh, at a national seminar on Ban Landmines for Human Rights and World Peace, organized by NCBL, Kathmandu, 11-12 December 2000. Landmine Monitor Report 2000, p. 520, indicated reports from two parliamentarians, an Army officer, and a Canadian official that the Nepalese Army had a stockpile of antipersonnel mines, including at Swoyambhu.
^[19] Interview, Hon. Shankar Nath Sharma Adhikari, Sindhuli, 2 February 2001; interview with Anand K. Shrestha, police surgeon, Kathmandu, 2 February 2001.
^[20] NCBL Survey, November – December 2000.
^[21] “Maobadhi Kriyakalap and Samadhan ko Khoji, karya Dhal,” 2054/4, p. 59.
^[22] NCBL Ed. “The Growing Threat of Landmines in Nepal”, (collection of newspaper articles), 31 December 2000.
^[23] NCBL Survey, interviewed 381 local people in 14 districts, November – December 2000. Also Interview on Television, Rajendra Bahadur Singh, District Inspector of Police, 31 December 2000.
^[24] Interview with Hon. Shankar Nath Sharma Adhikari, Sindhuli, 2 February 2001.
^[25] Statement by Hon. Govinda Raj Joshi, Minister of Home Affairs, Kathmandu, 21 June 2000, p. 4.
^[26] NCBL, “The Growing Threat of Landmines in Nepal,” Kathmandu, 31 December 2000.
^[27] NCBL survey, November and December 2000.
^[28.] For further details see Landmine Monitor Report 2000, p. 521.
^[29] Asian and Pacific Decade of Disabled Persons, 1993-2002:The Starting Point, United Nations, New York, 1993.

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