Dear friends,
The Asian Human Rights Commission (AHRC) regrets to inform you that Ms. Pushpa Karki, a teacher who was fired in 2008 after having spoken against discriminatory practices which persisted in her school, has still not received any justice. For sixteen months, she has not received any relief or help. The persistence of caste-based discrimination remains one of the biggest obstacles to the establishment of a truly democratic society in Nepal and to the strengthening of the peace-process. This case illustrates the precarious situation of those who dare to defend the human rights of all in Nepal and the necessity to take strong measures to create a climate favourable of their acts.
UPDATED INFORMATION:
In a previous urgent appeal (AHRC-UAC-124-2009) the AHRC had denounced the lay-off of Pushpa Karki, a non-Dalit teacher who was fired for raising the issue of caste-based discrimination in her school. Because she had objected to the use of separate facilities for Dalit students and to banning the Dalit students from attending certain classes, common practices in Saraswoti Secondary School in Kailali district, Pushpa Karki was sacked from her job one year ago, then prevented by her colleagues from taking up a post in another school. She has since been the victim of a series of threats and intimidations.
For the last sixteen months, this mother of three has not received any salary. In order to contradict the allegations of discriminatory practices in the school, the school administration reportedly submitted a report claiming that there was no caste based discrimination and untouchability practices in the school, forging the signatures of the Dalit students to support the claim.
According to the information we have received, each time Ms. Pushpa Karki tried to contact the District Education Office, the officers have refused to help her. While there are vacancies in a Secondary School in the same district, the officers have ordered her to look for a job herself, in a remote part of the country and have refused to transfer her to nearby schools.
In the last sixteen months, five Chief Education Officers have been in charge of the District Education Office but all of them have refused to take action in her case.
The National Information Commission had taken interest in her case and sent several letter to the District Education Office-Kailali, ordering them to reinstate Ms. Pushpa Karki in her job. But, in spite of the authority of the NIC, its request did not trigger any response from the relevant local authorities.
The letters are dated as follow:
NIC to the DEO Kailali Ref.no. 05/2066/067 Dated August 27,2009 (Nepali Date:2066/05/11)
NIC to the DEO Kailali Ref.no. 13/2066/067 Dated November 10,2009 (Nepali Date:2066/07/24)
NIC to the DEO Kailali Ref.no. 14/2066/067 Dated November 19,2009 (Nepali Date: 2066/08/4)
NIC to the DEO Kailali Ref.no. 63/2066/067 Dated February 22,2010 (Nepali Date:2066/11/10)
As the DEO was not taking any action to implement the requests of the NIC, on 16 May 2010, the NIC sent a last letter, also referred to the education ministry and to the Prime Minister’s office asking for the implementation of the decision (Ref.no. 119/2066/067 Dated May 16,2010, Nepali Date:2067/02/02).
The DEO was fined Rs. 5000.00 for not implementing the NIC decision and has appealed to the court.
Since the beginning of the case, Ms. Pushpa Karki has received repeated threats and intimidation and there are worries that her safety may not be entirely guaranteed should she stay in Kailali District.
BACKGROUND INFORMATION:
In a previous statement (AHRC-STM-154-2010), the AHRC has reminded of the urgent necessity to put an end to caste-based discrimination in Nepal by thoroughly criminalizing caste-based discrimination and violence and implementing measures in favour of the socio-economical advancement of the Dalit community.
This case acts as a reminder of the continuous discriminatory practices which exist against the Dalit community and as an example of the hardships faced by those who dare speaking out against such atrocities. The roles of those who defend the rights of others play an essential part in the evolution of Nepal toward a democratic and equalitarian society. The responsibility falls upon the Nepalese State to create a climate favourable to the protection the work of those human rights defenders and in particular to “investigate, in a prompt, effective, independent and accountable manner, complaints and allegations regarding threats or human rights violations perpetrated against human rights defenders or their relatives and to initiate, when appropriate, proceedings against the perpetrators so as to ensure that impunity for such acts is eliminated” as was reminded by the Human Rights Council in its Thirteenth session.
SUGGESTED ACTION:
Please join us in writing to the authorities listed below to ask for the reinstatement of Pushpa Karki in her job.
The AHRC is also sending a letter to the Special Rapporteurs on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and on the situation of human rights defenders calling for an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
NEPAL: Still no relief for the school teacher dismissed for defending the rights of her Dalit students
Name of victim: Ms. Pushpa Karki, former teacher at Shree Saraswati Lower Secondary School, Kailali district, Nepal.
Names of alleged perpetrators:
1. Mr. Padam Raj Joshi, principal; Shree Saraswati Lower Secondary School, Kailali district
2. Members of the school management committee; Shree Saraswati Lower Secondary School, Kailali district
3. And the five Chief Education Officers in post in Kailali District from August 2008 to September 2010, who did not take action despite injonctions from the National Information Commission
Date of incident: August 2008
Place of incident: Shree Saraswati Lower Secondary School, Kailali district
I am writing to voice my strong indignation regarding the lack of progress in the case of Pushpa Karki, a school teacher who was dismissed from her school in Kailali District in August 2008 for speaking against casted-based discrimination.
According to the information I have received from the Asian Human Rights Commission, Pushpa Karki had been a teacher for 23 years when she was fired from Shree Saraswati Lower Secondary School for having denounced on-going discrimination practiced against Dalit students in her school. Instances of such discrimination were actively encouraged by staff members and reportedly included: separate drinking water taps for Dalit students; non-Dalit teachers refusing to evaluate the answer papers written by Dalit students; Dalit students being prevented from taking cooking lessons in the home science course; and Dalit students prevented from touching the statue of goddess Saraswati, the patron goddess of the school.
I know that initially her protests were rejected by the school’s mostly non-Dalit management as ‘popularity seeking’ among an ‘undeserving’ class. Pushpa then informed the local media about the discrimination at the school in August 2008. I am shocked to hear that she was then summoned to a school meeting where she was allegedly threatened and physically pushed around in the meeting hall by her colleagues. I am told that Pushpa was then transferred to Narayan Secondary School in the same district, but was dismissed soon after, having been reportedly prevented from signing the attendance register.
I am informed that the National Information Commission has sent several letters to the District Education Office-Kailali to order them to reinstate Pushpa Karki to her job and to pay her salary. Nevertheless, although five different Chief Education Officers have been in office since August 2008, none of them has taken any action in that regard. In the contrary, although there are vacancies in a Secondary School in the same district, the District Education Office has ordered her to look for a job herself, in a remote part of the country and have refused to transfer her to nearby schools.
In order to contradict the allegations of discriminatory practices in the school, the school administration reportedly submitted a report claiming that there was no caste based discrimination and untouchability practices in the school, forging the signatures of the Dalit students to support the claim.
According to the information we have received, each time Ms. Pushpa Karki tried to contact the District Education Office, the officers have refused to help her. While there are vacancies in a Secondary School in the same district, the officers have ordered her to look for a job herself, in a remote part of the country and have refused to transfer her to nearby schools.
In the last sixteen months, five Chief Education Officers have been in charge of the District Education Office but all of them have refused to take action in her case. In the last sixteen months, five Chief Education Officers have been in charge of the District Education Office but all of them have refused to take action in her case.
I know that the National Information Commission sent several letter to the District Education Office-Kailali, ordering them to reinstate Ms. Pushpa Karki back to her job, all of which were ignored.
The letters are dated as follow:
NIC to the DEO Kailali Ref.no. 05/2066/067 Dated August 27,2009 (Nepali Date:2066/05/11)
NIC to the DEO Kailali Ref.no. 13/2066/067 Dated November 10,2009 (Nepali Date:2066/07/24)
NIC to the DEO Kailali Ref.no. 14/2066/067 Dated November 19,2009 (Nepali Date: 2066/08/4)
NIC to the DEO Kailali Ref.no. 63/2066/067 Dated February 22,2010 (Nepali Date:2066/11/10)
I am further told that as the DEO was not taking any action to implement the requests of the NIC, on 16 May 2010, the NIC sent a last letter, also referred to the education ministry and to the Prime Minister’s office asking for the implementation of the decision (Ref.no. 119/2066/067 Dated May 16,2010, Nepali Date:2067/02/02). The DEO was fined Rs. 5000.00 for not implementing the NIC decision and has appealed to the court.
I am aware that unless action is taken immediately to give justice to the victim and punish the perpetrators, this case may further discourage other ordinary citizens willing to speak out against the caste-system and the crimes committed in its name. Protecting those rights defenders, whose action is essential to the development of a democratic and appeased society, is the responsibility of the State as was repeatedly asserted by the Human Rights Council.
I therefore strongly urge you to:
1- Make sure Mrs. Pushpa Karki receives the salary she has been deprived of since her lay off as well as an appropriate compensation for the damages she has suffered since the beginning of the case and assist her in finding an appropriate position in a location of her choice .
2- Make sure Mrs. Pushpa Karki is granted appropriate protection against the threats she has been receiving and make sure sanctions are taken against the authors of those threats.
3- Launch an impartial investigation into the allegations of misbehavior of the officers of the District Education Office, Kailali, and ensure appropriate sanctions are taken against those who disregarded their duties.
4- Make sure the management of the Shree Saraswati Lower Secondary School is held accountable for having protected caste-based discrimination within their school and for having misbehaved with the teacher who defended the rights of her students
I am looking forward to your intervention in this case,
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1-Mr. Sarvendra Nath Shukla
Ministry of Education
Address: Keshar Mahal, Kathmandu
Tel: 977-1-4412804
Fax: 977-1-4418191
Email: infomoe@most.gov.np
2-Dr. Bharat Bahadur Karki
Attorney General
Office of Attorney General
Ramshahpath, Kathmandu
NEPAL
Tel: +977 1 4262506
Email: attorney@mos.com.np
3- M. Sarva Dev Prasad Ojha
Minister for Women, Children and Social Welfare
Singha Durbar, Kathmandu
NEPAL
E-mail: info@mowcsw.gov.np
4-Ms. Naina Kala Thapa
Chairperson
National Women’s Commission
Bhadrakali Plaza, Kathmandu
NEPAL
E-mail: info@nwc.gov.np
5- Bed Battharai
National Human Rights Commission
Director, NHRC Nepal
LIM and PAC Department
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
6. Mr. Bhim Rawal,
Home Minister,
Ministry of Home Affairs,
Singha Darbar,
Kathmandu,
NEPAL
Fax: +977 1 42 11 232
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
