Nepal
09.02.04
Urgent Interventions
Nepal: attack on Dalits and denial of entry to temple
Case NPL 090204.ESCR
Caste-based discrimination/Violence
The International Secretariat of OMCT requests your URGENT
intervention in the following situation in Nepal.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian
Human Rights Commission, a member of the OMCT network, that a number
of Dalits were beaten up and forbidden to enter the village temple in
northwest Ajagaibi, Rautahat district, Nepal on 28 January 2004.
According to the information received, Shubhanarayan Mahara Chamar,
Jayamangal Mahara Chamar, Sukhdi Mahara Chamar, Sukhdi Mahara Chamar
and family members, who are Dalits, attempted to enter the Maisthan
temple in northwest Ajagaibi, Rautahat district, Nepal. They went to
the temple because they were making an offering after Jayamangal
Mahara Chamar made a 'bhaakal'(promise to offer something) for the
good health of his wife and son. When they arrived at the temple,
they were met by members of the upper caste, including Kashi Raut
Kurmi, the former president of the village development committee. The
group of upper caste people beat up the Chamars, claiming that "low
caste people do not have the right of access to the temple". The
perpetrators also destroyed the various materials that the Chamars
had brought with them for the offering and worship.
It is reported that a 'panchayat' (Village Development Committee)
meeting was held the next day where it was decided that the victims
of this crime should pay Rs.1000 "to purify the temple".
Background information
These attacks by members of the upper-caste community occur against
the background of a history of caste-based violence and
discrimination against Dalits, who on the basis of their descent to a
particular caste are considered to be 'untouchable'. The Nepalese
Constitution prohibits discrimination on the grounds of caste and
untouchability and provides that no person should be denied access to
any public place or use of public utilities on this basis. Despite
these provisions, Dalits continue to face severe discrimination,
private and public segregation including in housing and education,
access to public spaces and sources of food and water. The denial of
entry to temples, exclusion from participation in religious
activities and violence against Dalits who attempt to worship at or
enter temples manifests and serves to reinforce and maintain this
segregation and discrimination.
OMCT condemns these acts of violence that are aimed at humilating the
Chamars and deny them the rights of access to the temple and to
worship there. OMCT is also gravely concerned by the involvement of
the panchayat (village development committee) and by the fine levied
against the Chamars to for the purposes of 'purifying the temple'.
OMCT urges the government to investigate this incident and take
action against the perpetrators of the violence and the village
development committee members as a matter of urgency. Caste based
discrimination is a violation of the Convention on the Elimination of
All Forms of Racial Discrimination, the International Covenant on
Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights.
Action requested
Please write to the authorities in Nepal urging them to:
i. take all measures necessary to guarantee the physical and
psychological integrity of the afore-mentioned persons;
ii. guarantee that adequate reparation is provided to the victims of
these abuses; including for their confiscated property;
iii. order a thorough and impartial investigation into the
circumstances of these events, in order to identify those
responsible, bring them to trial and apply the penal and/or
administrative sanctions as provided by law;
iv. take all necessary measures to guarantee the right of access of
Dalits and other people belonging to lower castes to public and
private facilities;
v. guarantee the respect of human rights and the fundamental freedoms
throughout the country in accordance with national laws and
international human rights standards.
Addresses
Prime Minister Surya Bahadur Thapa, Prime Minister's Office, Singha
Durbar, Kathmandu, Nepal, Fax:+ 977 1 4 227 286
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
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
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
Ambassador, Acharya, Gyan Chandra, 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
Please also write to the embassies of Nepal in your respective
country.
Geneva, February 9, 2004
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
Caste-based discrimination/Violence
The International Secretariat of OMCT requests your URGENT
intervention in the following situation in Nepal.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian
Human Rights Commission, a member of the OMCT network, that a number
of Dalits were beaten up and forbidden to enter the village temple in
northwest Ajagaibi, Rautahat district, Nepal on 28 January 2004.
According to the information received, Shubhanarayan Mahara Chamar,
Jayamangal Mahara Chamar, Sukhdi Mahara Chamar, Sukhdi Mahara Chamar
and family members, who are Dalits, attempted to enter the Maisthan
temple in northwest Ajagaibi, Rautahat district, Nepal. They went to
the temple because they were making an offering after Jayamangal
Mahara Chamar made a 'bhaakal'(promise to offer something) for the
good health of his wife and son. When they arrived at the temple,
they were met by members of the upper caste, including Kashi Raut
Kurmi, the former president of the village development committee. The
group of upper caste people beat up the Chamars, claiming that "low
caste people do not have the right of access to the temple". The
perpetrators also destroyed the various materials that the Chamars
had brought with them for the offering and worship.
It is reported that a 'panchayat' (Village Development Committee)
meeting was held the next day where it was decided that the victims
of this crime should pay Rs.1000 "to purify the temple".
Background information
These attacks by members of the upper-caste community occur against
the background of a history of caste-based violence and
discrimination against Dalits, who on the basis of their descent to a
particular caste are considered to be 'untouchable'. The Nepalese
Constitution prohibits discrimination on the grounds of caste and
untouchability and provides that no person should be denied access to
any public place or use of public utilities on this basis. Despite
these provisions, Dalits continue to face severe discrimination,
private and public segregation including in housing and education,
access to public spaces and sources of food and water. The denial of
entry to temples, exclusion from participation in religious
activities and violence against Dalits who attempt to worship at or
enter temples manifests and serves to reinforce and maintain this
segregation and discrimination.
OMCT condemns these acts of violence that are aimed at humilating the
Chamars and deny them the rights of access to the temple and to
worship there. OMCT is also gravely concerned by the involvement of
the panchayat (village development committee) and by the fine levied
against the Chamars to for the purposes of 'purifying the temple'.
OMCT urges the government to investigate this incident and take
action against the perpetrators of the violence and the village
development committee members as a matter of urgency. Caste based
discrimination is a violation of the Convention on the Elimination of
All Forms of Racial Discrimination, the International Covenant on
Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights.
Action requested
Please write to the authorities in Nepal urging them to:
i. take all measures necessary to guarantee the physical and
psychological integrity of the afore-mentioned persons;
ii. guarantee that adequate reparation is provided to the victims of
these abuses; including for their confiscated property;
iii. order a thorough and impartial investigation into the
circumstances of these events, in order to identify those
responsible, bring them to trial and apply the penal and/or
administrative sanctions as provided by law;
iv. take all necessary measures to guarantee the right of access of
Dalits and other people belonging to lower castes to public and
private facilities;
v. guarantee the respect of human rights and the fundamental freedoms
throughout the country in accordance with national laws and
international human rights standards.
Addresses
Prime Minister Surya Bahadur Thapa, Prime Minister's Office, Singha
Durbar, Kathmandu, Nepal, Fax:+ 977 1 4 227 286
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
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
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
Ambassador, Acharya, Gyan Chandra, 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
Please also write to the embassies of Nepal in your respective
country.
Geneva, February 9, 2004
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.