UPDATE (Nepal): Need for urgent protection for women activists working on Laxmi Bohara’s case

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-040-2008
ISSUES: Human rights defenders, Threats and intimidation,

Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by the constant, serious threats and attacks on women rights activists who have been working for justice for the deceased Ms. Laxmi Bohara, who had been allegedly killed by her husband on 6 June 2008. For details of the alleged killing of Laxmi, please see our Urgent Appeal AHRC-UAC-138-2008. The threats and attacks took the form of threatening phone calls, including death threats, motorcycle attacks, and mob mobilizations against the women’s rights defenders. The AHCR calls for your urgent intervention into this case. Please strongly urge the concerned government authorities to ensure the safety of these women’s rights defenders and take action against those responsible. The ARHC was also informed that the victim’s husband surrendered to the police on June 27 and was released on bail.

UPDATED INFORMATION (Based on the report from the NAWHRD):

The AHRC has received information from the National Alliance of Women Human Rights Defenders (NAWHRD) that its members working on the alleged killing of Ms. Laxmi Bohara have been facing serious threats and attacks from the family members of the victim’s husband, as well as from several unknown persons. Details of these incidents are as follows:

1. Threatening phone calls including a death threat

Ms. Bharati Singh, a member of NAWHRD, is a 38-year-old volunteer working for the women’s health rights. She lives in Mahendranagar Municipality, Kanchanpur district, Nepal. According to the NAWHRD, on June 17, she twice received phone calls threatening her life. In one occasion, her sister-in-law received the phone call from an unknown person in the morning who told her that Ms. Bharati Singh should not push Laxmi’s case lest she face bad consequences. In the afternoon of the same day, Ms. Bharati Singh herself received a threatening phone call.

Moreover, Ms. Sharda Chand, a 33-year-old social worker and another member of the NAWHRD, has also received more than a dozen threatening phone calls from unknown persons on her cell phone. Whenever she received such phone calls, the caller’s number appeared as “unknown” or “0.” The caller threatened her life and pressured her not to intervene into Laxmi’s case anymore. Once, the caller said, “If the members of the NAWHRD do not stop working on Laxmi’s case, they would be killed within 7 days.” Ms. Sharda Chand contacted the district administration office of Nepal Telecommunication to find out the caller’s number, but failed to acquire it. She also lives in Mahendranagar Municipality and has been actively working on Laxmi’s case.

2. Motorcycle attacks on the three NAWHRD members

On June 27, three members of the NAWHRD in Kanchanpur district had mysterious motorcycle incidents. They were Ms. Sharda Chand, who has been receiving threatening phone calls, Ms. Naru Singh, and Ms. Kalsa Mahara. All three women live in Mahendranagar Municipality in Kanchanpur district.

According to the report by the NAWHRD, at around 7am on June 27, two men, who covered their faces and were riding a black motorbike, suddenly stopped Ms. Sharda Chand’s motorcycle when she was on the way to her office. The two men then threatened her and tried to assault her. Ms. Sharda Chand barely escaped from the scene.

At around 1:30pm on the same day, two social workers, Ms. Naru Singh and Ms. Kalsa Mahara (aged 38), were riding on one motorcycle. According to their report, one man, riding a motorbike, suddenly stopped his vehicle in front of them with the intention to cause an accident. Fortunately, the two women managed to control the bike and avoided the crash. The men then increased the speed of their bike and quickly fled.

3. Mob mobilizations by family members of the victim’s husband

Threats and attacks on the women rights defenders did not stop, but rather got more serious. According to the NAWHRD, on the morning of July 1, Mr. Tek Raj Bohara’s brother and twenty to thirty other men came to the district office of the NAWHRD, which is located at Ward no.4, Mahendranagar Municipality in Kanchanpur district. They then shouted slogans against Ms. Sharda Chand and commanded that she come out of the office, shouting “Burn her!” and “Throw her out!”

On the same afternoon, the sister-in-law of Mr. Tek Raj Bohara came with a group of women and surrounded Ms. Sharda Chand’s office. They then threatened her, shouting that her office should be set on fire and that she should be killed. Some people even entered her office and attempted to drag her out. Ms. Sharda Chand sought help from the police, who were dispatched at that time, but the mob of women did not flee even after seeing the officers. Ms. Sharda Chand reported that rather than taking action against the crowd, the police waited for about thirty minutes until the mob dispersed. She also reported that the mob once surrounded her house and threatened her.

On June 27, Ms. Sharda Chand, Ms. Kalsa Mahara and Ms. Bharati Singh filed a joint-complaint at the Kanchanpur DPO regarding the incident mentioned above and requested protection from the police. In addition, Ms. Sharda separately filed three complaints at the same DPO regarding the attacks on her and her staff.

DEVELOPMENT ON THE ALLEGED KILLING CASE OF LAXMI BOHARA

According to the information provided by the NAWHRD, Ms. Laxmi Bohara’s father could only register the First Information Report (FIR) regarding his daughter’s alleged killing and against his daughter’s husband, Mr. Tek Raj Bohara, and her mother-in-law, Ms. Dhana Devi Bohara, after the local police could not resist huge pressure from the women rights groups. Ms. Laxmi Bohara’s father did so at around 3pm on June 16 at the District police office (DPO) in Kanchanpur. The investigating police officer of this case is Mr. Hem Raj Bhatt and the police investigation is in progress.

Meanwhile, after huge pressure from the women’s group in the area, Mr. Tek Raj Bohara was scared for his safety and surrendered to the Kanchanpur district police on June 27. He was later detained at the prison in the district. However, Mr. Tek Raj Bohara was released on bail, after his family paid bail sum amounting to 55,000 Nepali rupees [about USD 810].

Meanwhile, Laxmi’s parents submitted an application to the Kanchanpur DPO, requesting that Laxmi’s children should be placed under their care. This application should be granted for the children’s safety as well as for the fact that Laxmi’s six-year-old daughter, who witnessed her father severely beat her mother on the incident date, may be an important eye-witness.

The AHRC was also informed that Laxmi’s father received a threat.

ACTION TAKEN BY THE WOMEN RIGHTS GROUPS:

On 13 July, 2008, members of the NAWHRD held a huge, peaceful rally in Kathmandu as a part of the 4th activity of the Movement of the Struggle Committee to end violence against women. More than 500 women human rights defenders representing various groups, including those working for the rights of the disabled, for slum dwellers and the urban poor, and for land & health rights, participated in the rally. The participants were from areas as varied as the far western and mid-western regions of Nepal. Women human rights defenders in different districts also organized the rallies, carrying the same demands on the same day. [See the photos of the rally: Photo 1, Photo 2 and Photo 3]

This time, the main demands to the government of Nepal were the formation of an independent investigative committee, the conduct of an impartial and proper investigation into the case of Laxmi, the formation of a high level committee dealing with all forms of violence against women, and the end of all forms of violence against women human rights defenders to ensure their safety.

The participants were asked to carry a small stick as a symbol to warn the government that their movement would never stop unless their demands were fulfilled. However, the rally was interrupted by police personnel, who began to grab the sticks and threw them into a police van. Although the protesters explained that they would not use any violence and that the sticks were mere symbol of their strong commitment and solidarity, the police did not listen to them. [See Photo 4 and Photo 5]

After about half an hour arguing with the police, the protesters continued their rally. However, at one point, the police stopped them and again started to grab the sticks. They also tried to take away the banners the protesters were carrying.

Finally, the rally ended opposite the Constituent Assembly building. Ms. Sharda Chand from Kanchanpur district and Ek Maya BK from Banke district shared their stories and demands.

In the end, Dr. Renu Rajbhandari, the coordinator of the NAWHRD, again confirmed that their movement would continue until their demands were met.

There was an additional announcement that the NAWHRD members would hold a hunger strike in Kathmandu until the government fulfills their demands.

SUGGESTED ACTION: 
Please immediately write to the relevant government authorities listed below and express your concern about this serious case. Please urge them to take immediate action to provide effective protection for the women rights defenders who are facing constant serious threats and attacks, and to identify and punish those responsible for these crimes by law.

The AHRC will separately report this case, including its causes and consequences, as well as the situation of human rights defenders in Nepal to the UN Special Rapporteur on violence against women. 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear _______________,

NEPAL: Urgent protection should be provided to women activists working on Laxmi Bohara’s case

Name of the human rights defenders facing constant threats: 
1. Ms. Bharati Singh, aged 38, the volunteer working for the women’s health rights 
2. Ms. Sharda Chand, aged 33, a social worker
3. Ms. Naru Singh, a social worker 
4. Ms. Kalsa Mahara, aged 38, a social worker
(All the four persons are the members of the National Alliance of Women Human Rights Defenders (NAWHRD) and live in Mahendranagar Municipality, Kanchanpur district, Nepal)
Name of alleged perpetrators:
1. Unknown persons for threatening phone calls to Ms. Bharati Singh on June 17 and to Ms. Sharda Chand from 17 June 2008 and onwards
2. Two men covering their faces on a black motorbike for causing an accident with Ms. Sharda Chand and one man on a motorbike for attempting to cause a motorbike accident with Ms. Naru Singh and Ms. Kalsa Mahara on 27 June 2008
3. 20-30 people led by the brother and the sister-in-law of Mr. Tek Raj Bohara for threatening Ms. Sharda Chand after surrounding her office located at Ward no.4, Mahendranagar Municipality in Kanchanpur district on 1 July 2008

I am writing you to express my concern regarding an alleged case of violence and intimidation against the four women human rights defenders listed above because of their active intervention in the case of Ms. Laxmi Bohara, who had been allegedly poisoned and beaten to death by her husband, Mr. Tek Raj Bohara, on 6 June 2008. Laxmi was a 28 year old social worker who lived in Champapur, Ward No. 8, Daji Village Development Committee (VDC) in Kanchanpur district, Nepal.

According to the information I have received, from 17 June 2008 onwards, Ms. Sharda Chand and Ms. Bharati Singh received several death threats from unknown persons who pressured them to stop working on Laxmi’s case. In particular, Ms. Sharda Chand received more than a dozen threatening phone calls from unknown persons on her cell phone. She reported that at one time, the caller threatened her, saying, “If the members of the NAWHRD do not stop working on Laxmi’s case, they would be killed within 7 days.”

These threats were not an empty warning. I am informed that at around 7am on June 27, two men, covering their faces and riding a black motorbike, stopped her motorcycle and threatened her. They even tried to assault her. At around 1:30pm on the same day, two other members of the NAWHRD, Ms. Naru Singh and Ms. Kalsa Mahara faced the danger of a motor bike accident when one man on a bicycle suddenly stopped his bike in front of them with the intention to cause harm.

I note with grave concern that the threats and attacks on the victims got even more serious. I am informed that on the morning of July 1, the brother of Mr. Tek Raj Bohara came along with twenty to thirty men to the district office of NAWHRD and threatened Ms. Sharda. On the same afternoon, the sister-in-law of Mr. Tek Raj Bohara came with a group of women to the office and publicly threatened Ms. Sharda, shouting that her office should be set on fire and that she should be killed. Some of them even entered the office to try and drag her out. I am deeply concerned by the fact that although Ms. Sharda sought help from the police, who were dispatched there at that time, the officers merely waited for about 30 minutes until the mob dispersed rather than taking action against them. She also reported that the mob once surrounded her house and threatened her.

On June 27, Ms. Sharda Chand, Ms. Kalsa Mahara and Ms. Bharati Singh filed a joint-complaint at the Kanchanpur DPO regarding the incident mentioned above and requested protection from the police. Moreover, Ms. Sharda separately filed three complaints at the same DPO regarding the attacks on her and her staff. However, the progress of the police investigation into these constant, serious threats and into the attacks on the victims remains unknown. I am informed that no one has been arrested so far relating to these matters.

This case displays the vulnerable status of human rights defenders, particularly women activists, in Nepal. In 1998 the United Nations adopted the Declaration on Human Rights Defenders, which recognized the need to provide protection for people who fight for human rights. The oppression and attack on each human rights defenders is an attack on the whole of society. Where fear exists, there are fewer opportunities for redress. This is a method aimed at silencing not only one person, but everyone. It is therefore vital that human rights defenders working for the interest of all people receive full protection and cooperation from the State.

In this case, the authorities must guarantee the abovementioned four human rights defenders’ personal integrity and security, promptly and impartially investigate the threats and attacks to which they were subjected, and punish those responsible. There must also be a proper and speedy investigation into the complaints of the victims to punish the perpetrators by law.

In terms of Laxmi’s case, I was informed that Mr. Tek Raj Bohara surrendered to the Kanchanpur district police on June 27 and was later released on bail. I have also learned that Laxmi’s parents submitted an application to the Kanchanpur DPO requesting that Laxmi’s children should be under their care.

I request that you ensure Laxmi’s case is investigated in a thorough and impartial manner. I also request that you grant Laxmi’s parents’ application to ensure her children’s safety. Please also consider the fact that Laxmi’s 6-year-old daughter is an important eye-witness who saw her father severely beat her mother on the incident date.

I look for your urgent intervention into this matter.

Yours sincerely,

_____________ 

PLEASE SEND YOUR LETTERS TO:

1. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Tel: +977 1 4412432 (Secretary to IGP)
Fax: +977 1 4415593 
E-mail: ranaob@nepalpolice.gov.np or info@nepalpolice.gov.np

2. Mr. Krishna Prasad Sitaula 
Home Minister
Ministry of Home Affairs
Singha Darbar, Kathmandu
NEPAL
Fax: +977 1 4211232
Email: moha@wlink.com.np

3. Mr. Yagya Murti Banjade 
Attorney General 
Office of Attorney General
Ramshahpath
Kathmandu 
NEPAL
Fax: +977 1 4262582 
E-mail: attorney@mos.com.np

4. Mr. Kedar Nath Upadhaya
Chairperson 
National Human Rights Commission 
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 55 47973
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org

5. Ms. Pampa Bhusal
Minister for Women, Children and Social Welfare
Singha Durbar
Kathmandu
NEPAL
Fax: +977 1 4241516
E-mail: mowcsw@ntc.net.np

6. Ms. Nainkala Thapa
Chairperson
National Women’s Commission
Bhadrakali Plaza
Kathmandu
NEPAL
Fax: +977 1 4256783
E-mail: nwc@htp.com.np

7. SSP Mr. Binod Singh 
Police HR Cell 
Human Rights Cell 
Nepal Police
Kathmandu 
NEPAL
Fax: +977 1 4415593
E-mail: hrcell@nepalpolice.gov.np

8. Mr. Richard Bennet
Representative 
The United Nations High Commissioner for Human Rights in Nepal (OHCHR)
Museum Road, Chhauni, 
G.P.O. Box 24555, 
Kathmandu
NEPAL
Fax: +977 1 4670712 or 4670713

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org) 

Document Type : Urgent Appeal Update
Document ID : AHRC-UAU-040-2008
Countries : Nepal,
Issues : Human rights defenders, Threats and intimidation,