Dear friends
The Asian Human Rights Commission (AHRC) has received information that one Dalit woman’s house in Baglung district was burnt down by her upper caste neighbor on 13 November 2003, after she refused to move away from the area. The police have taken no serious action to investigate the case until now.
In Nepal, Dalits, so called untouchables from lower caste, have faced extreme discrimination and violence against them for generations. Even though the caste system was officially abolished in 1963 and the 1990 Nepalese Constitution rejects caste-ism and untouchability, and makes their practice an offence punishable by law, only rarely is this law enforced. Your urgent action is required to pressure local authorities to take effective action immediately.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
On the night of 13 November 2003, family members of Komalnath Kandel, an upper caste, burnt down the house of their Dalit neighbors Manmaya BK, located in Dhamja VDC-7 of Baglung district, Nepal after Manmaya BK refused to move away despite Komalnath Kandel’s repeated warnings. At the time of the incident, Manmaya was at a distant bazaar in order to call her husband employed abroad and was not at home. She has left her children in her parent¡¦s house.
Family of Manmaya BK, a Dalit, has been staying in the area for years with her house close to that of Komalnath Kandel. Recently, Manmaya sold some of her land to her brother Ram Bahadur BK who was to construct a house on it. Fearing that a Dalit settlement would come up around his residence, Kandel had been threatening Manmaya to move away from the area. However, Manmaya refused to do it and paid no heed to the threats. According to her, the fire caused a loss of over Nepali Rs. 300,000 (about US$ 4055).
After the incident, Manmaya has lodged a complaint with the Baglung District Police Office (DPO) demanding compensation to the loss by fire. Balaram Bista, the Sub-Inspector of Police at the Baglung DPO promised to complete the investigation on the incident by this week. However, there has not been any serious action taken by the police on this case until now. According to the reliable source, a police officer said that it would take at least one month to investigate the case because the area, where incident happened, is remote and unstable because of Maoist activities. The victim and human rights activists worry that the police will hush up the case.
BACKGROUND INFORMATION:
UNTOUCHABILITY rooted in the caste-based discrimination, which has taken place in South Asia for generations, stipulates unequal social status based on birth. Like other South Asian countries, Nepalese society has been divided into two parts–touchables and untouchables, so-called lower caste and so-called upper castes.
The system of ‘hidden apartheid’ based on caste practices of distinction, exclusion and restrictions has denied the rights of Dalits’ economic, social, political, cultural and religious rights. The Dalits have been exposed to all forms of violence in the society. For example, they are segregated from other case community of housing, denied to access public drinking water, not allowed to go to restaurants and places of worship, and restricted on marriage with other caste.
If Dalits attempt to take any action or even show any single sign to assert their rights, they have to face extreme violence such as burning or destruction of their homes and properties, social boycott, rape or gang rape of Dalit women, and murder by dominant caste people or even by the police. The perpetrators have committed such brutal crimes against Dalits with impunity and connivance by the society and the State. Dalits issues are totally untold as well as unheard of at all.
In fact, the caste system was officially abolished in 1963 in Nepal. The Nepalese government endorsed and ratified the UN Convention on the Elimination of All Forms of Racial Discrimination on 30 January 1971. In addition, the 1990 Nepalese Constitution rejects caste-ism and untouchability, and makes their practice an offence punishable by law. However, the Nepalese government has failed to implement these laws to protect the rights of Dalits. On the contrary, the state and law enforcement officers like police have frequently broken the law themselves.
SUGGESTED ACTION:
Please send a letter, fax or email to the local authorities and express your concern of this serious case.
Send a letter to:
1. Hon. Surya Bahadur Thapa
Prime Minister
Office of the Prime Minister
Singha Durbar, Kathmandu,
NEPAL
Tel: +977 1 228555 or 227955
Fax: +977 1 4 227 765 / +977 1 227286
Email: hmg@es.wlink.com.np
2. Mr. Padam Singh Bishwokarma
Chair Person
National Dalit Commission
Thapathali, Kathmandu
NEPAL
Phone: 977-1-4245 325, 4245 919
Fax: 977-1-4229236
Email: ndc@mos.com.np
3. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Tel: +977 1 5 547 974 or 525 659 or 547 975
Fax: +977 1 5 547 973
Email: nhrc@ntc.net.np
4. Mr. Shyam Bhakta Thapa
Inspector General of Police
Police Headquarters, GPO Box 407,
Naxal, Kathmandu
NEPAL
Fax: +977 1 441 55 93 or 1 4415594
5. H.E. Gyan Chandra Acharya
Ambassador to the United Nations
Permanent Mission of the Kingdom of Nepal,
81 rue de la Servette, 1201 Geneva
SWITZERLAND
Fax: +4122 7332722
E-mail: mission.nepal@ties.itu.int
6. Mr. Doudou Diene
Special Rapporteur on Racism, Racial Discrimination, Xenophobia and Related Intolerance
Room 4-041
Office of the United Nations High Commissioner for Human Rights
Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: 41 22 9179271
Fax: 41 22 9179050
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: A Dalit woman's house in Baglung district burnt down and fears police inaction
I am writing to bring to your urgent attention the violence against a Dalit woman named Manmaya BK.
According to the information I have received, the house of Manmaya, a Dalit, was burnt down by the family members of Komalnath Kandel, an upper caste neighbor in Dhamja VDC-7 of Baglung district on 13 November 2003. The incident happened after she ignored the threats by Komalnath Kandel and refused to move away from the area. However, the police has not taken any serious action to investigate this case yet. I am afraid that the police will hush up the case and perpetrators never be brought to justice. Moreover, the victim and her family fear threats from the perpetrators after she lodged a complaint to the police.
The Article 1, Clause 4 of the UN Convention on the Elimination of All Forms of Racial Discrimination, which Nepal endorsed and ratified on 30 January 1971, states;
"Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not as a consequence lead to the maintenance of separate rights of different racial groups, and that they shall not be continued after the objectives for which they were taken have been achieved."
However, Dalits have been facing extreme discrimination and violence against them with connivance by the society every day and the Nepalese government has failed to protect the rights of Dalits.
Therefore, I urge you to order immediate investigation of this case. The perpetrators should be brought to justice as soon as possible according to the 1990 Nepalese Constitution, which rejects caste-ism and untouchability, and makes its practice an offence punishable by law. I also urge you to ensure full security to the victim and her family while the investigation is going on. The victim should also be compensated. I further urge the Nepalese government to take strong measure to implement the UN Convention on the Elimination of All Forms of Racial Discrimination into domestic law. The Nepalese government should create all possible and speedy mechanisms to abolish case discrimination in Nepal.
Sincerely yours
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Thank you.
Kim Soo A
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
