Key developments since May 2003: There were no confirmed instances of
new mine use by security forces or Maoist rebels during the cease-fire from
January to August 2003, but in the wake of renewed fighting since then, both
sides are again laying mines or improvised explosive devices in significant
numbers. There are no humanitarian demining programs in Nepal, but the Royal
Nepalese Army reportedly removed mines in 25 districts in 2003. The first mine
risk education activities were initiated by the Nepal Campaign to Ban Landmines
in 2003 and 2004.
Key developments since 1999: Government forces and Maoist rebels have
used antipersonnel landmines and improvised explosive devises in the internal
conflict, which began in 1996. The Maoists have used mines/IEDs much more
extensively than security forces. The use of mines and IEDs increased every
year from 1999 to 2002, until the cease-fire which lasted from January to August
2003. There were no confirmed instances of new mine use during the cease-fire,
but in the wake of renewed fighting since then, both sides are again laying
mines or IEDs in significant numbers. All 75 districts are now affected,
compared to four in 1999. The government did not officially acknowledge using
mines until 2002. The Army has also acknowledged that Nepal produces
antipersonnel mines, a previously unknown fact.
Nepal has voted in support of every pro-ban UN General Assembly resolution
since 1996, and has participated in many Mine Ban Treaty meetings. Some of
Nepal’s most senior officials have expressed support for a ban. Nepalese
leaders have since 1999 regularly stated that Nepal is carefully studying
accession to the Mine Ban Treaty.
There have been no formal surveys or assessments of the mine situation of
Nepal. There are no humanitarian demining programs in Nepal. Mine risk
education activities were initiated in 2003 and 2004. Handicap International
started a program to support persons with disabilities in 2001. Nepal has taken
special measures to aid victims of the conflict and acknowledges that assistance
to landmine survivors is an obligation of the state. Since 2000, the number of
landmine casualties is increasing although no comprehensive statistics are
available.
Mine Ban Policy
The Kingdom of Nepal has not acceded to the Mine Ban Treaty. Nepal has given
very mixed signals about its support for a mine ban, its reasons for not
acceding to date, and its intention to join the treaty at some point. On the
positive side, Nepal has voted in support of every pro-ban UN General Assembly
resolution since 1996, including Resolution 58/53 on 8 December 2003 calling for
universalization of the Mine Ban Treaty. Nepal attended all the Ottawa Process
meetings, the negotiations and the treaty signing ceremony, though only as an
observer. While it did not attend the Fifth Meeting of States Parties in
Bangkok in September 2003, it participated in the intersessional Standing
Committee meetings in February and June 2004. Nepal attended the annual States
Parties meetings in 1999, 2000 and 2002, and Standing Committee meetings in
September and December 1999.
Some of Nepal’s most senior officials have expressed support for a ban.
In January 2000, Nepal’s Prime Minister told Landmine Monitor that he
believed the use of antipersonnel mines “should be prohibited. Nepal is
steadfast on it.”[1] In
January 2001, the Minister for Law, Justice and Parliamentary Affairs said the
government was positive about the treaty, and that the government was making
preparations to join.[2]
Various political party leaders and Members of Parliament expressed their
commitment to ban landmines at a national seminar on landmines in February
2002.[3] In October 2002,
Nepal’s Permanent Representative to the UN said, “Opposed to
anti-personnel landmines, Nepal has actively participated in the evolution of
the convention to control them, and our moral commitment to it remains strong.
When the time is ripe, we will be happy to join the rank of those that have the
privilege of becoming a party to that very important global
treaty.”[4]
Among those expressing support in the past have been former Prime Minister
Sher Bahadur Deuwa,[5] Minister
of Law, Justice and Parliamentary Affairs Mahanta
Thakur,[6] and Minister for
Foreign Affairs Arjun Jang Bahadur
Singh,[7] as well as
representatives of the Social Justice
Committee,[8] the Human Rights
and Foreign Affairs
Committee,[9] the Law and
Justice Committee,[10] and the
National Human Rights Commission.
In February 2004, in a statement to Mine Ban Treaty States Parties, a
Nepalese official said, “We are confident that an endeavor like this
Landmines Prohibition Convention is a significant breakthrough in order to
achieve regional and global peace.... I recognize that the Convention is
consistent with and supportive of national human security and it makes
consolidation and betterment of the peace and brotherhood. There is no
difference of opinion that this human atrocity, which causes devastating,
insidious and barbarous effects, should be eliminated.... Nepal is nearer to
the Convention.”[11]
It is also notable that in 2002 the Parliament passed the Terrorist and
Destructive Activities (Control and Punishment) Act, which included landmines
under the definition of bombs, making the use and possession of landmines by
civilians a terrorist
act.[12]
Despite these encouraging statements and indicators of support for the mine
ban, government forces have used antipersonnel mines in increasing numbers since
1999, as the war with Maoist rebels has expanded, and in 2002 the Army admitted
that it is also producing antipersonnel mines.
Nepalese leaders have since 1999 stated that Nepal is carefully studying
accession to the Mine Ban Treaty, but no progress ever seems to be made. In June
2004, a Ministry of Defense official told Mine Ban Treaty States Parties,
“His Majesty’s Government of Nepal is studying the full implications
of this convention at the
moment.”[13] It was also
reported in June that the government is going to form a committee to study the
impact of accession to the Mine Ban Treaty on Nepal’s security situation,
and to make recommendations regarding the advantages and disadvantages of
joining. The committee will have members of the ministries of defense, home,
law and foreign affairs, as well as a representative of the Nepal Campaign to
Ban Landmines (NCBL).[14]
There have been many previous statements regarding study of the treaty. In
January 2000, Nepal’s Prime Minister said, “I have directed the
Foreign Ministry to accelerate the study regarding the signing of the
treaty.”[15] In January
2001, the Foreign Minister said, “Although Nepal has been studying various
clauses [of the Mine Ban Treaty] before signing it, no considerable progress has
yet been reached in this
regard.”[16] In February
2002, the Foreign Minister said, “We are in the final stage of the study
[of the Mine Ban Treaty] and we are inching closer to the
Treaty.”[17] In December
2002, a Foreign Ministry official said, “We have yet to reach the
conclusion of the study [of the Mine Ban Treaty]. The study is positively moving
forward.... The government has no objection to the treaty principally. We
believe that the Nepal government will soon reach the conclusion of the study.
The time cannot be
specified.”[18]
In February 2004, a Foreign Ministry official told Landmine Monitor
that no progress has been made with respect to the Mine Ban Treaty and Nepal was
not be in a position to join the
Convention.[19] In his June
2004 remarks to States Parties, the Nepalese delegate appeared to stress the
increasing difficulties Nepal perceives in joining: “The growing menace of
terrorism continues to present a formidable threat to international peace and
security. Nepal is not left untouched by this scourge. Because landmines are
easy to produce, stockpile, use, and lay on the ground, terrorists have found it
extremely easy to spread terror through this
means.”[20]
NGO Activities
The Nepal Campaign to Ban Landmines (NCBL), established in 1995, has
continued to promote initiatives against the use of landmines by the government
and the Maoists and in support of landmine
survivors.[21] In this Landmine
Monitor reporting period, the NCBL established the Landmine Survivors Network of
Nepal, called Hamro Awaz. On 3 December 2003, the International Day of People
with Disabilities, the NCBL released the Nepal chapter of the Landmine
Monitor Report 2003 in Nepalese language. The NCBL and WODES organized a
women's meeting on “Ongoing Violence, The Peace and Harmony is the Need of
the Present.” The NCBL also promoted a program on “Ongoing Conflict
and Children.”
With the aim of engaging the Maoist rebels on a landmine ban, the NCBL and
the Swiss NGO Geneva Call held a meeting with representatives of the government,
the Nepalese Congress, the National Human Rights Commission, and the Chief of
the Communist Party of Nepal (UML) on 24 February
2004.[22] The NCBL and the
Non-State Actors Working Group of the International Campaign to Ban Landmines
(ICBL) conducted a joint mission in June 2003 They met with government leaders
and with Maoist leaders, requesting that a ban on landmines be included in the
cease-fire Code of Conduct.[23]
Use
Government forces and Maoist rebels have used antipersonnel landmines and
improvised explosive devises (IEDs) in the internal conflict, which began in
early 1996. The use of mines and IEDs increased every year from 1999 to 2002,
until the cease-fire which lasted from 29 January to 26 August 2003. It appears
both sides refrained from mine use during that period. However, with the
resumption of hostilities has come resumption of mine warfare by both sides.
Use by Government
Landmine Monitor first reported indicators of use of antipersonnel mines by
government security forces in 1999. However, government and Army officials did
not openly acknowledge such use until 2002. Security forces include the Royal
Nepalese Army, the Nepal Police and the Armed Police Force. It appears that
there was a great expansion of use of antipersonnel mines by security forces in
2002. Army officials, parliamentarians, political leaders from affected areas,
and local populations all confirmed widespread use by security forces. A
spokesperson for the Ministry of Home Affairs told Landmine Monitor that
security forces used mines in all 75 districts of the
country.[24] There were no
confirmed instances of new mine use by security forces during the cease-fire
from January to August 2003.
In the wake of renewed fighting since August 2003, officials have admitted
that security forces are again laying mines. In an interview with Landmine
Monitor in February 2004, the spokesperson of the Royal Nepalese Army said,
“The landmine is an effective weapon and its use in the present situation
should not be taken in another sense. We do not use it desperately and
irresponsibly like the Maoists. The security forces have been using mines in a
responsible way. All the security posts where the mines are laid are fenced
with wire.”[25] The
spokesperson has also said, “In a war like this where hundreds of
guerrillas try to storm a base manned by a few soldiers, mines are the only
defense.”[26] A Major of
Royal Nepalese Army stated, “We security forces use imported mines.
Before using them we provide training. We do not use them in non-military areas
and public places.”[27] A
senior Army official told the Himalayan Times, “A mine is the
cheapest defense weapon of the army against the Maoists.” He said the
Army mapped the mines laid around barracks, claiming, “The mines can be
recovered anytime, and villagers near barracks have been notified about the
minefield.”[28]
Government forces have laid mines mostly to protect security posts, police
stations, army barracks and government offices from Maoist attacks. An Army
official told the June 2003 NCBL/ICBL mission that 10,000 antipersonnel mines
were planted around 50 military posts. In February 2004, the Army spokesperson
told Landmine Monitor that mines are used around more than 50 posts, indicating
that while an exact number was not known it could be
hundreds.[29] As new security
posts have been established in 2004, presumably more landmines have been laid,
too. A survey by NCBL members in 25 districts found that all 73 army posts in
those districts were mined and fenced with
wire.[30] According to police
officials, in 2004, mines were used by rebels in 59 of the 75
districts.[31]
In 2003 and 2004, many landmine incidents have occurred near security posts,
involving civilians and security personnel, as well as Maoists. A resident of
Marke in the Salyan District was injured by a mine laid by the Army when she
entered the Army base area of Narsingh Dal Company, Simkhakha to cut grass. She
lost her right eye and right
leg.[32] A 13-year-old boy was
injured by a landmine explosion when he entered the east gate of the Brigade
Headquarters.[33] A youth was
injured by a mine while walking in an Army training
camp.[34] In another landmine
incident, a woman was injured while taking rice for her pigs from a dustbin of
the police post of Khalanga in the Jajarkot District. The police there use
landmines to protect their posts during the night and those mines had previously
killed dogs that came to eat the leftover
food.[35] A mine exploded due
to a technical mistake and injured six army men in the military barrack at
Bhorletar in Lamjung District.[36] A soldier working in the
Narayan Dal Company, Manthali barrack, was injured by a landmine while crossing
the wire fence.[37]
Security forces have laid mines in areas near places frequently used by
civilians. An area near Dullang Secondary School, Ghyampesal of Gorakha
District was mined to protect the Army barracks established
nearby.[38] Near the main entry
point of Jumla Airport in Chhina Sanghu and Dansanghu, the security forces
reportedly plant mines in the evening and remove them the next morning to
protect the airport from Maoist attacks at
night.[39] In Bhiman Sindhuli
District, the Royal Nepalese Army took about three to four square kilometers of
land, previously used by local people for cutting grass and collecting firewood,
to build a new barrack. The Army then placed mines around the new barrack and
fenced it with wire. The army instructed people not to go there, but goats and
cows have stepped on the
landmines.[40]
While antipersonnel mines have been used in large numbers, it has also been
reported that security forces have used antivehicle mines around their
posts.[41]
Use by Rebels
Maoist rebels used homemade mines (also known as Improvised Explosive
Devices, or IEDs) in relatively small numbers from the outset of conflict in
1996. Rebel use of IEDs increased noticeably every year beginning in 1999, and
particularly in late 2001 and 2002. Landmine Monitor reported that four
districts were mine-affected in 1999, 37 districts in 2000, 71 districts in
2001, and all 75 districts in 2002. Like government forces, it appears that the
Maoists refrained from new mine-laying during the cease-fire in 2003, but
resumed once fighting began anew in August. In October 2003, the Maoist leader
Prachanda stated in an interview, “The road mining and ambushing have been
successful as per the
plan.”[42]
According to interviews with local populations conducted by the Nepal
Campaign to Ban Landmines, the Maoists have frequently planted landmines in
civilian areas, including farmland, roadsides, schools, and
playgrounds.[43] A local
political leader in Sindhupalanchok District said that the Maoists have laid
mines in 50 of the 79 Village Development
Committees.[44] Along a
seven-kilometer road from Kalikasthan to Betrabati in Rasuwa District, local
people pointed out eleven places where landmines had been laid by
Maoists.[45] In Khalanga
village of Jajarkot District, a woman hit a mine when she was digging for red
soil to paint her house; her right arm was
injured.[46]In
Sima Village in Jajarkot District, the Maoists allegedly laid a mine in the
house of a youth who refused to support them. One child was killed, and one
child and one adult were injured, when the children of the family found and
played with it.[47]
The Maoists use victim-activated mines (pressure and tripwire),
command-detonated mines (remote control), and explosive devices with
timers.[48] The June 2003
NCBL/ICBL mission was shown photographs and samples of “bucket
bombs,” “pipe bombs,” and “pressure-cooker bombs,”
that Nepalese Police officials said all had
detonators.[49]
Production, Transfer and Stockpiling
Two years ago, Landmine Monitor cited an unconfirmed report that indicated
that the government had two small factories that produced antipersonnel mines,
as well as grenades and
ammunition.[50] In December
2002, an Army spokesperson denied
this.[51] However, during the
NCBL/ICBL mission in June 2003, an Army official, Brigadier General Kul Bahadur
Khadka, stated that Nepal possessed both locally produced and imported
antipersonnel mines.[52]
While the size and composition of the antipersonnel stocks held by Nepalese
security forces is not known, an Army spokesperson told Landmine Monitor in
February 2004 that Nepal imported mines from India, Russia, and China, mostly in
the 1980s. He said that the Army uses M14, POMZ-2, and Claymore-type
command-detonated mines.[53] It
has been reported elsewhere in the media that security forces use landmines of
Indian, Russian and Chinese origin, including PMD-6, POMZ, Type-69, and a
Claymore-type mine.[54]
The Maoist rebels produce significant quantities of homemade mines (IEDs).
According to media, after the resumption of hostilities in 2003, the security
forces have seized facilities for manufacturing these
mines.[55] In a December 2003
press conference, the Royal Nepalese Army Headquarters said that the Maoists
were using self-manufactured booby-traps and that 1,171 detonators had been
confiscated from the end of the ceasefire in August to 17 December
2003.[56] The Army has said
that most of the explosives used by the Maoists have been looted from the
government, in particular from the Department of Roads, but some may have been
obtained from outside
sources.[57] There have been
allegations that the Maoists have received training and weaponry from two
Indian-based rebel groups, the Maoist Communist Center and the People’s
War Group.[58] However, there
are no specific allegations on landmines.
Landmine Problem
There have been no formal surveys or assessments of the mine situation in
Nepal. The extent of the landmine problem is not fully known, but it has
clearly grown significantly year after year. Landmine Monitor reported that
four districts were mine-affected in 1999, 37 districts in 2000, 71 districts in
2001, and all 75 districts in 2002. Since the end of the cease-fire in August
2003, both government forces and rebels have been laying more mines. In 2004,
the Army has been building more security posts, and planting more mines to
protect them. In Rasuwa District, a landslide swept away landmines laid around
the Ramche Army barracks, and the mines became a threat in a wide
area.[59]
Increased use of mines by government and rebel forces has had a corresponding
socio-economic impact. The danger of mines has hindered movement within the
country, but has also contributed to the increase in the number of internally
displaced people and refugees. It has also disrupted farming and other economic
activity. This is particularly true for the mid-western regions of the
country.
The government has been expropriating more land, including agricultural land,
to be fenced and mined for military purposes. According to a press article, in
Chanak one man saw his land, valued at five million Nepalese rupees
(US$71,943),[60] confiscated,
then mined and fenced with
wire.[61] A former
parliamentarian told Landmine Monitor that compensation is not always provided
for the expropriated land and expressed concern that people have to move from
their land to an unsecured
life.[62]
As the conflict has expanded and shifted to new battlegrounds, landmines and
other explosive remnants of war in former battle areas are increasingly a threat
for local populations.[63] In
Baglung District two children were killed when they played with mines found in
such an area.[64] In the
Sallepakha Village Development Committee of Ramechhap District, villagers will
no longer go into an area where they used to collect firewood, leaves and grass
due to the danger of mines and UXO left behind after a battle between the
Maoists and government
forces.[65]
Mine Clearance and Mine Risk Education
There are no humanitarian demining programs in Nepal, but the Royal Nepalese
Army endeavors to defuse or destroy mines whenever it encounters them or is
informed of mined locations by civilians or captured Maoists. Records of mines
defused or destroyed are not available. The NCBL recorded from media reports
that the Royal Nepalese Army disposed of or removed mines in 25 districts in
2003.[66] According to a former
Parliamentarian, in one incident the Army disregarded the request of civilians
to dispose of mines laid by the Maoists, blaming the civilians for assisting the
Maoists. A few days later, a schoolboy was killed by a
mine.[67] An Army major said
that the accident occurred, because people informed the security forces too
late.[68]
There were no formal mine risk education activities in Nepal until 2003. In
2003, the NCBL initiated MRE activities and expanded these activities in 2004.
As of May 2004, it had provided MRE to 480 people living in the conflict
districts of Ramechhap, Dhading, Rukum, Salyan and
Sindhupalchok.[69] In May 2004,
four radio channels broadcasted the NCBL’s mine risk education messages
throughout the month. The NCBL also reports that it conducted MRE during a
picnic program for girls from conflict areas and distributed pictorial books and
brochures to a wide range of actors in 75
districts.[70] The brochure was
field-tested and 10,000 copies were
produced.[71] The NGO World
Education developed two poster designs and field-tested them in affected areas
in 2004.[72]
In 2004, UNICEF began monitoring mine/IED/UXO casualties and brought together
different agencies to plan a communication campaign to prevent
accidents.[73] UNICEF organized
three MRE meetings in March and April 2004 for different target groups. The
first meeting was held on 29 March, with participation from various UN agencies,
and international and national NGOs, to share information and discuss
priorities. The second meeting on 14 April 2004 concentrated on development of
materials for production and
dissemination.[74] The third
meeting took place on 20 April 2004.UNICEF has reported that it is
working on three major activities concerning mine action: development of a mine
action strategy including an integrated MRE program; development of an advocacy
campaign concerning the use of mines and IEDs; and improving the mine safety
knowledge of UNICEF staff and
counterparts.[75]
The MRE programs have the support of the government and armed forces. In
2003 and 2004, representatives of the security forces expressed the need for
more mine risk education and victim assistance programs during different
initiatives organized by the NCBL. A police officer stated, “We can work
together with NCBL in order to protect the common people from the
danger.”[76] On 10 June
2004, a representative of the Ministry of Defense urged the NCBL to organize
mine risk education at the community level and in
schools.[77]
Landmine Casualties
There is no official mechanism for collecting data on mine casualties, and no
official information is publicly available on conflict-related casualties as
this is considered a “sensitive
issue.”[78] Some limited
information gives an indication of the scope of the problem. The Dipendra
Police Hospital in Kathmandu reportedly treated 73 mine casualties from the
security forces in 2003.[79] An
analysis of local media reports for November and December 2003 indicate that of
110 conflict-related casualties in the two-month period, 76 resulted from eight
antipersonnel or antivehicle landmine incidents; 27 people were killed and 49
injured.[80]
According to information collected by the NCBL in 2003, landmines, improvised
explosive devices, other explosive devices, and unexploded ordnancecaused 731 casualties, killing 196 people and injuring 535 others; 225 were
civilians, including 17 women and 39
children.[81] The NCBL recorded
720 casualties in 2002, 424 in 2001 and 182 in
2000.[82] A review of the NCBL
database on conflict-related casualties led Landmine Monitor to estimate that
there were 177 civilian casualties to landmines and IEDs in 2002. The Bheri
Zonal Hospital reports that about 13 percent of conflict-related casualties
treated at the hospital in 2002 were mine
casualties.[83]
Mine casualties continue to be reported in 2004. A media analysis for
January to June indicates that of 572 conflict-related casualties, 132 resulted
from 27 antipersonnel or antivehicle landmine incidents; 45 people were killed
and 87 injured.[84]
In the past, landmines have killed and injured Nepalese soldiers
participating in the UN Interim Force in Lebanon, and peacekeeping operations in
the Balkans. Other Nepalese soldiers have been killed and injured by landmines
while serving in foreign armies, such as India and the
UK.[85]
Survivor Assistance and Disability Policy and Practice
Nepal has taken special measures to aid victims of the conflict and
acknowledges that assistance to landmine survivors is an obligation of the
state. Special measures undertaken by the government in the last two years to
assist mine casualties include: emergency evacuation after an incident; the
provision of free medical and prosthetic treatment; financial, administrative
and logistical support to hospitals; and financial assistance of 750,000
Nepalese Rupees (about US$10,000) for security personnel killed in the
conflict.[86]
Even with this assistance, mine survivors are reportedly still facing many
problems, including a lack of available beds in government hospitals, a lack of
physiotherapy and other rehabilitationfacilities, poor quality
orthopedic devices, and a lack of opportunities for social and economic
reintegration. The problems are compounded by the location of facilities away
from affected areas, a lack of transportation to reach available facilities, and
bureaucratic barriers in government
offices.[87]
Eight hospitals provide assistance to mine/IED casualties, including Bheri
Zonal Hospital, Bir Hospital, Tribhuvan Teaching Hospital, Dipendra Police
Hospital, Birendra Police Hospital, Pokhara Zonal Hospital, B.P. Memorial
Hospital, and Patan
Hospital.[88] Financial
constraints reportedly create difficulties in providing treatment to the
injured. Hospitals and health posts in the affected areas are poorly equipped,
and often lack medicines and adequately trained
staff.[89] In Bheri Zonal
Hospital, a Mass Casualty Management Team was established in 2002. However, the
zonal and district units do not receive adequate funding and as a result,
existing facilities have been cut and survivors are sometimes forced to return
home without completing their
treatment.[90] The Bir Hospital
and Birendra Police Hospital have experienced similar financial difficulties and
report that some patients have not received adequate
treatment.[91] Tribhuvan
Teaching Hospital reports that while there are delays in receiving funds from
the government, the conflict-related casualties are properly cared
for.[92]
Since 2001, the ICRC has provided first-aid posts and surgical facilities in
Kathmandu, Negalpani, Pokhara and Kavre, with medicines and other supplies to
treat the war-injured, assisted the Nepal Red Cross to set up first aid services
in the districts of Aindhuli, Salyhan and Phyuthan, and supported the ambulance
service. The ICRC also conducted war-surgery seminars each year and a seminar
on emergency techniques for first aid trainers in government forces in 2003.
Publications on first-aid and pre-hospital care were translated into
Nepalese.[93] In May 2004, the
first conflict-injured amputee was assisted under a new ICRC-supported physical
rehabilitation program at the Green Pasture Hospital and Rehabilitation Center
in Pokhara. Under the program, the ICRC, in cooperation with the Nepal Red
Cross Society, will build on the existing capacity of the center and supply
materials, components, equipment, and training for prosthetic technicians to
produce artificial limbs for eight to ten conflict-injured amputees each month.
The ICRC will also cover the costs of lodging and food during treatment, and
transportation to the
center.[94]
Other prosthetic facilities are available in Kathmandu, but many mine
survivors cannot afford the cost of transport, accommodation and food during the
seven days required for fitting.
Handicap International started its activities in Nepal in 2001 and supports
47 local NGOs in 12 districts on disability-related issues to provide
rehabilitation to individuals with disabilities and raise awareness and advocate
on the rights and needs of persons with disabilities. Two projects are
currently being implemented, including a community-based approach to disability
in development and the provision of specialized services including physical
rehabilitation and improving accessibility to
services.[95]
In 2002, the NCBL raised funds for six child mine survivors to support the
costs of schooling, medical treatment, prosthetics and crutches. NCBL/WODES is
supporting the schooling costs for 115 girls affected by the conflict; some are
landmine survivors and some are the children of landmine survivors.
Two mine survivors from Nepal participated in the Raising the Voices training
in Geneva in May 2003 and in the Fifth Meeting of States Parties in Bangkok in
September 2003. Landmine survivors from six districts participated in the
seminar on “Landmines and Disabilities” organized by NCBL on 3
December 2003.
The Nepalese government is currently in the process of developing a national
policy on disability.[96]
[1] Interview with Krishna Prasad
Bhattarai, Prime Minister, Panchkhal, Kavre, 16 January
2000. [2] “HMG preparing to sign
Ottawa Convention,” The Rising Nepal, 30 January
2001. [3] Statements made at national
seminar on “Emergency and Landmines,” Kathmandu, 7 February
2002. [4] Statement by Murari Raj
Sharma, Permanent Representative of Nepal to the UN, General Debate of the First
Committee, UN General Assembly 57th Session, New York, 4 October
2002. [5] Statement by Sher Bahadur
Deuwa, Former Prime Minister, Second National Conference organized by the Nepal
Campaign to Ban Landmines, 4 July
1999. [6] Statement by Mahanta Thakur,
Minister of Law and Justice, at “South Asian Landmine Monitor
Meeting,” 29 January 2001. [7]
Statement by Arjun Jang Bahadur Singh, State Minister, Ministry of Foreign
Affairs, national seminar on “Emergency and Landmines,” 7 February
2002. [8] Statement by Jeevan Prem
Shrestha, Chairman, Social Justice Committee, Upper House, at “Role of
Parliamentarian on Banning Landmines,”
1999. [9] Statement Som Prasad Pandey,
Member, Human Rights and Foreign Affairs Committee, House of Representatives,
“South Asian Landmine Monitor Meeting,” 29 January 2001; national
seminar on “Emergency and Landmines,” 7 February
2002. [10] Statement Prem Bahadur
Singh, Law and Justice Committee, House of Representatives, national seminar
organized by NCBL, 11-12 December
2002. [11] Bhupendra Prasad Poudyal,
“Note paper on Convention on the Prohibition of the use, Stockpiling,
Production and Transfer of Anti Personnel Mines and on Their Destruction,
1997,” Geneva, 11 February
2004. [12] Nepal Ain Sangraha
[Collection of Acts], Terrorist and Destructive Activities (Control and
Punishment) Act, 2058 (2002). [13]
Statement by Nepal, Standing Committee on the General Status and Operation of
the Convention, Geneva, 25 June
2004. [14] “Nepal moots signing
mine-ban treaty,” The Himalayan Times, 15 June 2004. NCBL had requested
the formation of such a national committee following discussions with the
Ministry of Defense earlier in
2004. [15] Interview with Prime
Minister Krishna Prasad Bhattarai, 16 January
2000. [16] Interview with Chakra
Prasad Bastola, Ministry of Foreign Affairs, Pulchok, 30 January
2001. [17] Statement by Arjun Jung
Bahadur Singh, Minister of Foreign Affairs, Kathmandu, 7 February
2002. [18] Interview with Pushkar Man
Singh Rajbhandary, Chief of UN Division, Ministry of Foreign Affairs, Kathmandu,
27 December 2002. [19] Interview with
Shrestha, UN Division, Ministry of Foreign Affairs, Kathmandu, 26 February
2004. [20] Statement by Nepal,
Standing Committee on the General Status, 25 June
2004. [21] See the NCBL website, www.nepal.icbl.org
. [22] Participants included Chakra
Prasad Bastola, Nepalese Congress; Jhalanath Khanal, Communist Party of Nepal
(UML); Padma Ratna Tuladhar, Shiva, National Human Rights Commission; Elizabeth
Reusse-Decrey, Geneva Call; and Purna Shova Chitrakar,
NCBL. [23] See Landmine Monitor Report
2003, p. 653. [24] Interview with
Gopendra Bahadur Pandey, Spokesperson, Ministry of Home Affairs, Singhdarbar,
Kathmandu, 31 December 2002. [25]
Interview with Col. Deepak Gurung, Spokesperson, Royal Nepalese Army, 14th
Brigade Office, Kathmandu, 13 February 2004. The Fourteenth Brigade of the
Royal Nepalese Army, based in Kathmandu, is responsible for all tasks related to
mines. [26] Statement by Col. Deepak
Gurung, Royal Nepalese Army, in Nepali Times Weekly, 21-27 November
2003. [27] Statement by Maj. Bhakta
Bahadur Karki, Chief of the Barracks, Dhading, at “Landmines/IEDs, Its
effect on people and Danger,” 18 April
2004. [28] “Government to
outline defence policy on landmines,” Himalayan Times, 3 February
2004. [29] Interview with Col. Deepak
Gurung, Royal Nepalese Army, 13 February
2004. [30] Interviews with NCBL
members, local leaders and social workers in 25 districts in January and
February 2004. [31] Interview with Dr.
Kashi Ram Kunwar, Senior Superintendent of Police, Dipendra Police Hospital,
Kathmandu, 2 March 2004. [32] The
Himalaya Times Daily, and Kantipur Daily, 22 March
2003. [33] Kantipur Daily, 11 October
2003. [34] Kantipur Daily, 26 July
2003. [35] Interview with Ratna Kumar
Sharma Neupane, former parliamentarian and member of NCBL, Jajarkot, 6 April
2004. [36] Kantipur Daily, 26 July
2003. [37]
Ibid. [38] Interview with Shiva
Shrestha, local political leader, Gorkha District, 31 January
2004. [39] Interview with Devilal
Thapa, former Parliamentarian and local political leader, Jumla, 3 March
2004. [40] Interview with Goma Devi
Devkota, former Parliamentarian, 28 April
2004. [41] Himalayan Times, 3 February
2004; Himal, 2-15 December 2003. [42]
Statement by Prachanda, Supreme Command of the Maoists, 21 October 2003,
reprinted in various newspapers. [43]
Interviews with local people of Rukum, Salyan, and Ramechhap Districts, February
2004. [44] Interview with Arun Nepal,
local political leader, Sindhupalchok, 7 January
2004. [45] Interview with Madhav
Aryal, businessman, and Ashok Ghimire, social worker, Rasuwa District, 10
January 2004. [46] Interview with
Ratna Prasad Sharma Neupane and Damar Bahadur Singh, 6 April
2004. [47]
Ibid. [48] Capt. Anup Adhikari,
Statement to Interaction Program on Clearance of Landmines, 4 August
2002. [49] ICBL Non-State Actors
Working Group, “Nepal Mission Report,” 8-14 June
2003. [50] Landmine Monitor Report
2001, p. 564. There has been speculation that mines may be produced at several
factories known to produce explosives, ammunition or other weapons, such as
those in Swyambhu, Sundarijal, Gatthaghar, and
Makawanpur. [51] Interview with Col.
Deepak Gurung, Royal Nepalese Army, 26 December 2002. For an earlier denial,
see Landmine Monitor Report 2002, p.
720. [52] ICBL NSA Working Group Press
Statement, Nepal Mission, 15 June 2003. Asked if the production took place at
Swyambhu or Sundarijal, he answered no, indicating there was a factory in the
area near Army headquarters. Email to Landmine Monitor (HRW) from NCBL, 16 July
2003. [53] Interview with Col. Deepak
Gurung, Royal Nepalese Army, 13 February 2004. See also, quotes from Col.
Deepak Gurung in Nepali Times Weekly, 21-27 November
2003. [54] Nepal National Weekly, Vol.
4, No. 17, 11 April 2004; Nepali Times Weekly, 21-27 November 2004; Himalayan
Times, 3 February 2004. [55] NCBL,
“The Growing Threat of landmines in Nepal” (Collection of newspaper
articles from January to December
2003). [56] The Himalayan Times, 18
December 2003. [57] Interview with
Col. Deepak Gurung, Royal Nepalese Army, 26 December
2002. [58] Statement by Shyam Saran,
Ambassador of India, reported in Rajdhani Daily, 21 December 2003; Kantipur
Daily, 14 August 2003. [59] Kantipur
Daily, 18 August 2003. [60] Exchange
rate: Nepalese Rupee 1 = US$0.01344, www.oanda.com 24 July
2004. [61] Kantipur Daily, 28 December
2003. [62] Interview with Subas
Karmacharya, former Member of Parliament, Sindhupalchok, 5 January
2004. [63] NCBL, “The Growing
Threat of landmines in Nepal,”
2003. [64] Kantipur Daily, 27 April
2004. [65] Interviews with seven
villagers, Ramechhpap, 10 March
2004. [66] NCBL, “The Growing
Threat of landmines in Nepal,”
2003. [67] Rajendra Prasad Pandey,
former Member of Parliament, Dhading, 3 March
2004. [68] Interview with Maj. Bhakta
Bahadur Karki, Dhading, 18 April
2004. [69] Information provided by
Purna Shova, NCBL, Sarajevo, 4 May 2004. See www.nepal.icbl.org. [70]
See www.nepal.icbl.org
. [71] Email to LM from Purna Shova,
NCBL, 1 August 2004. In the past, the NCBL has helped to raise awareness of the
dangers of mines by distributing picture books and brochures, and conducting
regular educational meetings. [72]
UNICEF Nepal, “Draft Minutes of the 5th MRE meeting,” Kathmandu,
June 2004. [73] Email from Reuben
McCarthy, MRE Project Officer, UNICEF New York, 10 June
2004. [74] “Update from
UNICEF,” MASG Newsletter, April 2004; email from Reuben McCarthy, UNICEF,
8 July 2004. [75] “Update from
UNICEF,” MASG Newsletter, April 2004, p.
15. [76] Statement by Rana Bahadur
Chanda, Deputy Superintendent of Nepal Police, national seminar on
“Landmines and Disability” and Landmine Monitor Release Event,
Kathmandu, 3 December 2004. [77]
Statement by Bishnu Datta Upreti, Secretary of the Ministry of Defense,
Katmandu, 10 June 2004. [78] Interview
with Biswo Shahi, Police Superintendent, Terrorist Control Division, Police
Headquarters, Kathmandu, 2 January 2003; interview with Gopendra Bahadur Pandey,
Ministry of Home Affairs, 31 December 2002; interview with Dr. Manohar Shrestha,
Director, Bir Hospital, Kathmandu, 23 December
2002. [79] Interview with Kashi Ram
Kunwar, Senior Superintendent of Police, Birendra Police Hospital, Kathmandu, 27
February 2004. [80] Email from Susan
Aitken, Communication Officer, Advocacy and Lifeskills Section, UNICEF Nepal, 7
September 2004. It should be noted that these statistics do not represent the
official view of UNICEF. [81] NCBL
collects data from interviews with Members of Parliament, government officials,
Army and Police personnel, local political leaders, human rights activists,
journalists, media, survivors, local people and other organizations. The totals
include casualties caused by bombs, grenades, command-detonated devices, and
other weapons not prohibited by the Mine Ban Treaty.
[82] See Landmine Monitor Report
2003, p. 657; Landmine Monitor Report 2001, p.
565. [83] Interview with Dr. Durga
Prashad Pradhan, Director, Bheri Zonal Hospital, Nepaljung, 18 March
2003. [84] Email from Susan Aitken,
UNICEF Nepal, 7 September 2004. Not the official view of
UNICEF. [85] Landmine Monitor Report
2000, pp. 520-521. [86] Bhupendra
Prasad Poudyal, Victim Assistance Program, in “Note paper on Convention on
the Prohibition of the Use, Stockpiling, Production and Transfer of
Anti-Personnel Mines and on Their Destruction, 1997,” prepared but not
presented to Standing Committee Meetings, Geneva 11 February
2004. [87] Interview with ten
survivors from Salyan, Rukum, Kavre, Dhading, and Ramechhap, 2 December 2003;
NCBL, “The Growing Threat of landmines in Nepal,”
2003. [88] Landmine Monitor Report
2002, pp. 721-722; email to LM from NCBL 16 July
2003. [89] The NCBL visited various
hospitals and health posts in the affected areas during
2002. [90] Kantipur, 15 July
2002. [91] Interview with Dr. Manohar
Shrestha, Bir Hospital, 23 December 2002; Statement of Dr. Kashi Ram Kunwar,
Medical Director, Birendra Police Hospital, 22 January
2002. [92] Interview with Dr Mahendra
Nepal, Director, Tribhuvan Teaching Hospital, Kathmandu, 27 December
2002. [93] ICRC, “Annual Report
2003,” Geneva, June 2004, p. 149; “Annual Report 2002,” June
2003, p. 163; “Annual Report 2001,” June 2002, p.
183. [94] ICRC, “First Patient
treated under new physical rehabilitation program,” ICRC News, Issue
04/70, 27 May 2004; Dr C. Oscar Arogadri, Surgeon, ICRC, statement at “On
Going Violence, The Peace and Harmony is the Need of the Present,”
seminar, Kathmandu, 21 March
2004. [95] Email from Jean-Betrand
Lebrun, Program Director, HI Nepal, 14 September
2004. [96] Ibid.