Dear friends,
The Asian Human Rights Commission (AHRC) has received worrying information regarding the imminent inundation and subsequent loss of livelihood for the inhabitants of Balapur Village, Mahadevpuri VDC, ward no. 6, Banke district. This follows a recent field visit undertaken with colleagues from FIAN Nepal. The inundation, caused by the completion of a canal on the north side of the village which is already landlocked with no drainage on the remaining sides forming the periphery of Banke National Park, will affect 1377 people belonging to 238 households living in the village. The AHRC has also learnt about the increasing attacks of wild animals on the hapless villagers because of the national park.
CASE NARRATIVE:
Balapur is a large hamlet comprising of 238 household belonging to various castes and communities including the Kshetris, Tharu, Magar, Dalits, Lohar and Darjis. The creation of the Banke National Park by the Government of Nepal on 13 May 2010 has pushed the hamlet into the buffer zone thereby inflicting many hardships on them. Buffer zones are areas in and around national parks and wildlife reserves created to lessen biotic pressure and for the sustainable management of natural resources, imposing restrictions with regard to access to forest and its produce to local communities. Unfortunately, no consultations with the villagers or their representatives took place before the declaration as against the national parks policy of the government.
The move has exposed this relatively better off village to various hardships by limiting their access to minor forest produce on which the most of the inhabitants were dependent on for supplementing their small incomes from subsistence farming. The creation of a large canal on the south side of the village under the Sikta Irrigation Project has increased the troubles of the inhabitants manifold by making the village vulnerable to inundation during the rainy seasons.
The village was already landlocked on remaining three sides. Hilly mountains and the Banke National Park marked its boundaries on the north, mountains on northwest and west thereby leaving south as the only side open for drainage and mitigating the impacts of heavy rains. The earlier plans took the problem into account and planned to construct the canal on the north side. The move was a good one as it would also have given the villagers a little protection from wild animals straying into the village. The plan, however, was inexplicably abandoned and the canal is being constructed on the south side and therefore landlocking the village from all sides.
Furthermore, a major canal of the planned Sikta Irrigation Project is supposed to pass at the village border. The excavation work has already started and is nearing their village. During earlier planning stages it had already been declared that the works would divert the Sikta Canal towards the North of the village instead to the South, which would have protected the village from the intrusion of wild animals thereby benefiting them. However, this plan was dropped and the present plan is to construct the canal from the south side.
The villagers had been protesting the move through peaceful means for years now. They have submitted memorandums to government authorities both at the central and the national level and had been assured that their grievance was being duly addressed. Near permanent political instability in Nepal has, however, hampered with fulfillment of any of the assurances. The villagers were, in fact, subjected to brutal police action during one of such peaceful demonstration that took place on 12th February 2012. The police action has injured 42 people with varying degrees of injuries. As of now, the canal stands close to near completion.
The developments have subjected the villagers to multiple problems including increasing attacks of the wild animals and progressively limiting access to minor forest produce they have been traditionally entitled to. This will adversely affect their livelihood security and nutritional status. This is why the villagers are now demanding relocation to a safer site with adequate compensation including land for land. The authorities have agreed to this demand in consultations with the villagers but assert that they would do it only if the problem persists. The villagers find this logic absurd and want resettlement to be carried out before the loss of life and property.
Additional Information:
Nepal is a state party to the International Covenant on Economic, Social and Cultural Rights and therefore obliged to respect and fulfill the human right to adequate food and in general the human right to an adequate standard of living (Art. 11 ICESCR). By interfering with the traditional source of the livelihood of the people, the government of Nepal is violating its obligation to protest by first, restricting the peoples’ access to the forest and second, by not resettling them with adequate compensation.
SUGGESTED ACTION:
Please write to the authorities mentioned below demanding immediate intervention in the case and resettling the inhabitants of Balapur with adequate compensation to save them from imminent inundation
AHRC is also writing a separate letter to the UN Special Rapporteur on the Right to Food for intervening in the case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
NEPAL: Resettle inhabitants of Balapur with adequate compensation to save them from imminent inundation
Name of the victims: 1377 people belonging to 238 households
Place of incident: Balapur Village, Mahadevpuri VDC, ward no. 6, Banke district
I am writing to voice my deep concern regarding the worrying information regarding imminent inundation and subsequent loss of livelihood for the inhabitants of Balapur Village, Mahadevpuri VDC, ward no. 6, Banke district. Balapur is a large hamlet comprising of 238 household belonging to various castes and communities including the Kshetris, Tharu, Magar, Dalits, Lohar and Darjis. The creation of the Banke National Park by the Government of Nepal on 13 May 2010 has pushed the hamlet into the buffer zone thereby inflicting many hardships on them. Buffer zones are areas in and around national parks and wildlife reserves created to lessen biotic pressure and for the sustainable management of natural resources, imposing restrictions with regard to access to forest and its produces to local communities. Unfortunately, no consultations with the villagers or their representatives took place before the declaration as against the national parks policy of the government.
The move has exposed this relatively better off village to various hardships by limiting their access to minor forest produce on which the most of the inhabitants were dependent on for supplementing their small incomes from subsistence farming. The creation of a big canal on the south side of the village under Sikta Irrigation Project has increased the troubles of the inhabitants manifold by making the village vulnerable to inundation during the rainy seasons.
The village was already landlocked on remaining three sides. Hilly mountains and the Banke National Park marked its boundaries on the north, mountains on northwest and west thereby leaving south as the only side open for drainage and mitigating the impacts of heavy rains. The earlier plans took the problem into account and planned to construct the canal on the north side. The move was a good one as it would also have given the villagers a little protection from wild animals straying into the village. The plan, however, was inexplicably abandoned and the canal is being constructed on the south side and therefore landlocking the village from all sides.
Furthermore, a major canal of the planned Sikta Irrigation Project is supposed to pass at the village border. The excavation work has already started and is nearing their village. During earlier planning stages it had already been declared that the works would divert the Sikta Canal towards the North of the village instead to the South, which would have protected the village from the intrusion of wild animals thereby benefiting them. However, this plan was dropped and the present plan is to construct the canal from the south side.
The villagers had been protesting the move through peaceful means for years now. They have submitted memorandums to government authorities both at the central and the national level and had also been assured of their grievance being duly addressed. Near permanent political instability in Nepal has, however, hampered with fulfillment of any of the assurances. The villagers were, in fact, subjected to brutal police action during one of such peaceful demonstration that took place on 12th February 2012. The police action has injured 42 people with varying degrees of injuries. As of now, the canal stands close to near completion.
The developments have subjected the villagers to multiple problems including increasing attacks of the wild animals and progressively limiting access to minor forest produce they have been traditionally entitled to. This will adversely affect their livelihood security and nutritional status. This is why the villagers are now demanding for relocation to a safer site with adequate compensation including land for land. The authorities have agreed to this demand in consultations with the villagers but assert that they would do it only if the problem persists. The villagers find this logic absurd and want resettlement to be carried out before the loss of life and property.
I therefore urge you to,
1. Ensure that the completion of the canal is suspended until definitive measures are taken to save the village from getting flooded,
2. Ensure that the villagers demand for relocation with adequate compensation including land for land is met,
3. Ensure that proposed relocation site is close to the forests and the villagers right to collect minor forest produce is not compromised with,
4. Ensure that the police action on the peaceful demonstrations, and ensure that those guilty are prosecuted.
.
Sincerely,
_______
PLEASE SEND YOUR LETTERS TO:
1. Mr. Khil Raj Regmi
Chairman
Council of Minister
Office of the Prime Minister and Council of Minister of Nepal
Singh Darbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Madhav Prasad Ghimire
Home Minister of Nepal
Home Ministry
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 42 11 232
3. Mr. Kedar Nath Upadhaya
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org
4. Attorney General of Nepal
Office of Attorney General
Ramshah Path, Kathmandu
NEPAL
Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneraal.gov.np
5. Ministry of Forests and Soil Conservation
Singhadurbar, Kathmandu, Nepal
Telephone : 4211567, Fax : 977-1-4211868
Email : info@mfsc.gov.np
6. Ministry of Irrigation
Singh Durbar, Kathmandu, Nepal
Tel. : 977-1-4211426
Fax : 977-1-4200026
E-mail : info@moir.gov.np
7. Sheikh Chandtara
Chairperson
National Women CommissionBhadrakali Plaza,
Kathmandu
NEPAL
Tel: +977-1- 4256701
Fax: +977-1-4250246
E-mail- info@nwc.gov.np
Thank you
Hunger Alerts Programme
Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)
