NEPAL: Construction of drinking water pond must be stopped to save 32 Dalit families from being displaced at Saptari district

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that 32 Dalit families of Barmajhiya village development committee 2 in Saptari district of Nepal are living in fear of forceful displacement due to the ongoing construction of a drinking water pond near their village. These Dalit families have been living in their area since their forefathers cleared the area and turned in into a living place.

CASE NARRATIVE:

The 32 Dalit families have been living at Barmajhiya village development committee 2 since their forefathers’ time. However the land is still not registered in their names. They now fear that the local non-Dalits might have illegally registered the land in their names. Due to the lack of education and opportunities, these families do not know where to go and how to make complaints. The construction of the drinking water was started about two years ago. (Photo above)

The villagers work on the lands of others. Some of them drive Rickshaw in the nearby Saptari market area. However most men go to India for work on a seasonal basis.

The AHRC came to know about this issue during a field visit in the first week of January 2014. These 32 Dalit families are very poor and moving away from this place and managing alternative living places will be impossible for them to bear.

The area where the Dalit villagers are residing amounts around 1 Bigha 5 Kattha (about 2 acres). The whole issue is to drive the ‘Mushahars’ away from that area and use the land for personal aims. (Photo 2) Suresh Chaudhary who lives near the village is claiming that this land belongs to him, increasing the worry of Dalit villagers that he might have registered the land under his name. The government authorities came and measured the land on 27 December 2013. But the Chaudhary’s denied access to Dalits when the land measurement was taking place.

According to Budhani Devi Sada (40), they were promised alternative land after the building of drinking water pond. Also some of these families were promised that water tanks and latrines would be build for them. But all these promises turned out to be false.

After a huge pit was dug, one of the children fell into it while playing. Luckily the child was taken out of the pit on time.

After the Dalits raised their voices, the building of the pond stopped for six months. However it has now started again and we received information that equipment is being brought in to finish the construction.

This drinking water project was supposed to be built near a pond at ward number 4. However they formed a Drinking Water Management Committee and changed its location. The villagers who are currently residing near the proposed drinking water construction area were not invited to the committee meetings. When they found out about the committee and tried to attend the meetings they were threatened.

The local Dalits are ready to fight in order to save their houses. If the drinking water pond construction resumes, it will impose a chaotic situation and it is the responsibility of the authorities to prevent this from happening. The AHRC fears that there will be more damage done to the Dalit community living there, a regular routine that Dalit community face in Nepal.

ADDITIONAL INFORMATION:

It is a routine practice in Nepal that Dalits are discriminated against. The prevalence of untouchability and caste-based discrimination is so intense that the victims tolerate the discrimination and often remain silent. This further boosts the instance of discrimination practice by non-Dalits. Most often, the incidents of caste based discrimination are barred from being reported, and when they are reported they are neglected by the police. Even if the case gets registered, the long process of justice system tires the victims and they give up.

Nepal passed the Caste-based Discrimination and Untouchability (Crime and Punishment) Act, 2011. However, there are serious questions in its publicity and implementation. It shows the pathetic situation of relevant laws and conventions in Nepal.

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and request immediate intervention in this issue. The 32 Dalit families should be allowed to live in that place. The construction of drinking water pond should be managed at a different place.

The AHRC is writing a separate letter to the UN Independent Expert on Minority Issues to require his intervention into this matter.

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