LM Report 2002

NEPAL

Key developments since May 2001: The use of mines by the Maoist United People’s Front has increased with the escalation of the conflict. Mine incidents have now been reported in 71 of 75 districts, compared to reported incidents in 37 districts last year. According to information collected by the Nepal Campaign to Ban Landmines, in 2001, 214 people were killed and 210 injured in 148 landmine and IED incidents. There continue to be serious indicators that government forces, both the police and the army, are using antipersonnel mines.

MINE BAN POLICY

Nepal has not acceded to the Mine Ban Treaty. At the national seminar, “Emergency and Landmines,” held on 7 February 2002, Minister of Foreign Affairs Arjun Jung Bahadur Singh stated, “We are in the final stage of the study [of the Mine Ban Treaty] and we are inching closer to the Treaty.”^[1] Various political party leaders and Members of Parliament expressed their commitment to ban landmines at the national seminar.^[2]

In an interview, a Foreign Affairs Ministry official stressed that most of the South Asian Association for Regional Cooperation (SAARC) nations have not joined the Mine Ban Treaty, including India, and stated, “Nepal alone cannot do this.”^[3] Several other officials expressed a more positive attitude toward the Mine Ban Treaty. A Ministry of Defence official said, “The Ottawa Treaty needs to be ratified so that it could control the use of landmines.”^[4] An official from the Ministry of Home Affairs said, “If signing of the treaty by Nepal stops the use of landmines, it should be done immediately.”^[5] A Police Deputy Inspector General said, “I personally believe that Nepal should sign the Ottawa Treaty.”^[6]

On 8 April 2002, the Parliament passed a bill that added the term “landmines” to the definition of “bomb” contained in the Terrorist and Destructive Act.^[7] The practical effect of this is that it becomes illegal for citizens, other than the police or army, to obtain or use landmines without a license.

Nepal voted in favor of pro-ban UN General Assembly Resolution 56/24M in November 2001, as it had on similar resolutions in the past. Unlike previous years, Nepal did not participate as an observer to the Third Meeting of States Parties to the Mine Ban Treaty in Managua in September 2001. It also did not attend the intersessional Standing Committee meetings in January and May 2002. Nepal is not a party to the Convention on Conventional Weapons, and did not participate in the CCW Second Review Conference process in 2001.

USE

Use by Rebels

The use of homemade mines by the Maoist United People’s Front has increased with the failure of peace talks and the escalation of the conflict. According to the Nepal Campaign to Ban Landmines (NCBL), mine incidents have now been reported in 71 of 75 districts.^[8] This compares to reported incidents in 37 districts last year.^[9]

A parliamentarian has stated that since 2001, the Maoists have established Mining Groups, trained to use mines in every district.^[10] He noted in particular the incident on 25 November 2001, when a rebel battalion attacked in Dang district and used mines extensively.

Maoists have used mines to ambush army and police personnel; they have also targeted the Chief Justice of the Supreme Court and other representatives, Nepal Red Cross Society members, parliamentarians, teachers, and representatives of other sectors.^[11] In addition to these offensive uses, in areas under their control the rebels use mines in a defensive mode to prevent government forces from entering.^[12]

According to a police official, the rebels use both victim-activated and command-detonated mines.^[13] The victim-activated devices include both pressure mines and tripwire mines.^[14] One source has noted that many of the mines are similar to those of the People’s War Group in the Indian state of Andhra Pradesh, with whom the Maoists reportedly have close relations; they utilize a steel container (either pressure cooker or metal pipes), gelatin as the explosive, and a basic triggering device.^[15]

Use by Government

There continue to be serious indicators that government forces, both the police and the army, are using antipersonnel mines.^[16] Indeed, an Army spokesperson acknowledged to Landmine Monitor that the Army is trained to use landmines, and that it instructs the police on mine use.^[17] Last year, several Parliamentarians stated that the Army maintained a stockpile of landmines, and provided some to the police.^[18]

On 11 February 2002, a Parliamentarian from a mine-affected area told Landmine Monitor, “One can even see today the hole left behind by the explosion of landmines planted by the police in Sindhupalchowk district. The landmines planted by the police have killed the police themselves.”^[19] A news report of a mine explosion in February 2002 in Achham District that killed two children and wounded six children stated that it was suspected that the police planted the mine.^[20] However, one police official said, “We police do not kill others by trick and we do not use ambush and landmines.”^[21]

The national media has carried allegations that the army has also used landmines against the Maoists.^[22] It is believed that the army plants mines in areas around checkpoints and barracks.^[23] In one widely reported incident, on 7 March 2002, Bagabati Gautam stepped on a mine when she left the main road waiting to pass through an army checkpoint in Sankha Village, Rukum District.^[24]

PRODUCTION, TRANSFER AND STOCKPILING

It is not known whether the government produces antipersonnel landmines. In the previous edition, Landmine Monitor cited an unconfirmed report from a police surgeon that the government has two small factories that produce antipersonnel mines, as well as grenades and ammunition.^[25] This year, a spokesperson of the Ministry of Defence said, “The explosives that are produced at Swoyambhu, Sundarijal, and Gatthaghar are not original mines, but rather explosives used in blasting for various purposes. The Department of Roads and other construction companies purchase them after getting permission from the government.”^[26]

As noted above, the Army apparently has a stockpile of antipersonnel mines. While the supplier of the mines is not known, one official told Landmine Monitor that according to an Army Major, they are factory-produced (not improvised) mines, and are designed to explode with the pressure of five to nine kilograms.^[27]

The Maoist rebels have demonstrated the ability to produce significant quantities of victim-activated homemade mines (also known as Improvised Explosive Devices). The government alleges that the rebels get detonators and explosives from sources outside the country.^[28] Indian police raided two shops at Gorakhpur, India for providing arms and explosives to the Maoists. India and Nepal agreed that their various security forces would conduct inspections in a coordinated manner to prevent illegal transfer of weaponry.^[29]

LANDMINE PROBLEM

The landmine problem has spread from a small number of districts in the far western part of the country, to the eastern districts and all across the country, even in the capital. The NCBL has collected reports of mine incidents in 71 out of the 75 districts. This compares to the 37 mine-affected districts identified in Landmine Monitor Report 2001.^[30]

MINE ACTION

The Army has established a Mine Disposal Team to destroy the mines planted by the Maoists.^[31] One police official claimed, “Mines are disposed of by shooting at them from long range, as there is no other way of disposing of them.”^[32] The police do not have the capacity to clear mines, and call on the Army team when needed.

To raise public awareness of the threat of mines, the NCBL produced a documentary video, which has been shown in different places. A police official offered to collaborate with the NCBL in generating public awareness.^[33]

LANDMINE CASUALTIES

According to information collected by the NCBL, in 2001, 214 people were killed and 210 injured in 148 landmine and IED incidents: 33 were children (aged between one and 15 years); 19 were women and 372 were men. Of the 424 casualties, 71 were civilians. In 2000, 178 casualties were recorded, of which 94 were killed and 84 injured: 59 were civilians. The NCBL report was based on information from parliamentarians, leaders of various political parties, the special Monitoring Committees set up to monitor the activities of the army and Maoist rebels after the declaration of a state of emergency, the media, and personal interviews. Information is provided to the various sources by the army, the police, or from people living in the affected areas. Although there is no official data collection mechanism on mine casualties, a Ministry of Home Affairs representative said, “There is no data on death caused solely by landmines, but the number of people killed in mine explosions is not small.”^[34]

SURVIVOR ASSISTANCE

Nepal has taken special measures to aid casualties of the conflict with the Maoists, however, no special provisions are designed for mine survivors. A Ministry of Home Affairs official stated, “The government has provided treatment to all those wounded in terrorist attacks, be it from landmines or from any other weapons. There is no separate budget for landmine victims and the cost is borne by the budget set aside for terrorist attacks.”^[35] Hospitals providing assistance to mine/IED casualties include Bheri Zonal Hospital, Bir Hospital, Tribhuvan Teaching Hospital, Dipendra Police Hospital, and the Birendra Police Hospital. There are no known programs offering physiotherapy, prosthetics, or psychological support to mine survivors.

The government provides financial assistance of Rs.750,000 (US$9,740) to security personnel and Rs.150,000 (US$1,299) to civilians if killed in Maoist attacks; if hospitalized, it will pay the entire bill and provide an Rs.75 (US$0.75) per diem for food.^[36] However, survivors claimed that they do not receive money in time for medical care and other expenses. The government spent a total of US$15,264 in the period from 16 July 2000 to 15 July 2001 and US$31,438 from 16 July 2001 to 1 February 2002 to provide helicopter evacuation for people injured in Maoists attacks.^[37]

A report from the Medical Director of the Birendra Police Hospital revealed that the hospital requested a total of US$119,474 for the treatment of people wounded in Maoist attacks in the past two years, but the government provided only US$43,984. The shortfall of US$75,490 created difficulties in providing treatment to the injured. The equipment needed for the treatment of casualties costs about US$219,922, but to January 2002, the government had provided only US$23,286.^[38]

[1] Statement of Minister of Foreign Affairs Arjun Jung Bahadur Singh, Kathmandu, 7 February 2002.
[2] Statements made at national seminar on “Emergency and Landmines,” Kathmandu, 7 February 2002.
[3] Interview with Ram Bhakta P.V. Thakur, Under Secretary, Ministry of Foreign Affairs, Sital Niwas, 9 January 2002.
[4] Interview with Bhola Silwal, Spokesman, Ministry of Defence, Kathmandu, 28 January 2002.
[5] Interview with Gopendra Bahadur Pandey, Spokesperson, Ministry of Home Affairs, Singh Durbar, 30 January 2002.
[6] Interview with Govinda Prasad Shah, Deputy Inspector General, Police Academy, Maharajgung, 15 January 2002.
[7] Terrorist and Destructive Act, (Control and Punishment), published in the Nepal Gazette, section 51, extraordinary No 48, Part II, 2058. The definition of “bomb” is very broad, encompassing most anything made of explosive substances, used for military or non-military purposes. The law provides for punishment for using such items without a license.
[8] The NCBL interviewed 82 people in various districts from November 2001 to January 2002. Also, NCBL, “The Growing Threat of Landmines in Nepal, Part IV, 2001” (Collection of Newspaper Articles).
[9] See Landmine Monitor Report 2001, p. 563.
[10] Interview with Prakas Jwala, House of Representatives, Kathmandu, 20 February 2002.
[11] NCBL, “The Growing Threat of Landmines in Nepal, Part IV, 2001” (Collection of Newspaper Articles).
[12] Suba Chandran, Institute of Peace and Conflict Studies, “The Use of Landmines by Non-State Actors in India and Nepal,” New Delhi, 2002, p. 9.
[13] Interview with Govinda Prasad Thapa, Deputy Inspector General, Police Academy, Maharajgung, 15 January 2002.
[14] NCBL interviews with victims and photographic evidence. There are some reports of use of mines activated by sunlight.
[15] Suba Chandran, Institute of Peace and Conflict Studies, “The Use of Landmines by Non-State Actors in India and Nepal,” New Delhi, 2002, p. 9.
[16] Landmine Monitor Report 2001, p. 563, cited testimony from a number of Parliamentarians and others regarding police use, and cited several alleged cases of such use.
[17] Interview with Bhola Silwal, Spokesman, Ministry of Defence, Kathmandu, 28 January 2002.
[18] Landmine Monitor Report 2001, p. 563.
[19] Interview with Subas Karmacharya, House of Representatives, Singh Durbar, 11 February 2002.
[20] Dristi (Vernacular Weekly), 13 February 2002.
[21] Interview with Ravi Raj Thapa, Deputy Inspector General, Armed Police Force, Kathmandu, 7 February 2002.
[22] See for example, “Seven people died by the army's react,” Rajdhani Daily, 31 December 2001.
[23] Interview with Khem Man Khadka, chairperson of District Development Committee, Kathmandu, 11 March 2002, citing information provided by an Army Major.
[24] Buthabar (Vernacular Weekly), 20 March 2002; Gaun Basisaknu Chaina (Himal Monthly), 29 March-13 April 2002. Also, telephone Interview with Hon. Prakash Jwala, Member of the House of Representatives, 10 March 2002; interview with Bagabati Gautam, TU Teaching Hospital, 11 March 2002.
[25] Landmine Monitor Report 2001, p. 564.
[26] Interview with Bhola Silwal, Spokesman, Ministry of Defence, Kathmandu, 28 January 2002.
[27] Interview with Khem Man Khadka, chairperson of District Development Committee, Kathmandu, 11 March 2002.
[28] NCBL, “The Growing Threat of Landmines in Nepal, Part IV, 2001” (Collection of Newspaper Articles).
[29] Chetan Panta, 7 December 2001.
[30] The NCBL interviewed 82 people in various districts from November 2001 to January 2002. Also, NCBL, “The Growing Threat of Landmines in Nepal, Part IV, 2001” (Collection of Newspaper Articles); Landmine Monitor Report 2001, p. 564.
[31] NCBL, “The Growing Threat of Landmines in Nepal, Part IV, 2001” (Collection of Newspaper Articles).
[32] Interview with Ravi Raj Thapa, Armed Police Force, Kathmandu, 7 February 2002.
[33] Ibid.
[34] Interview with Gopendra Bahadur Pandey, Ministry of Home Affairs, 30 January 2002.
[35] Ibid.
[36] Press conference of Devendra Raj Kandel, Minister of Home Affairs, Singh Durbar, 1 February 2002.
[37] Ibid.
[38] Statement of Dr. Kashi Ram Kunwar, Medical Director, Birendra Police Hospital, 22 January 2002.

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