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Sushil-led Government-30A

October 2014

Passive Struggle Not Working In Nepal

Siddhi B Ranjitkar


We have seen in the death of Nanda Prasad Adhikari that passive struggle did not work in Nepal. He died fighting for bringing the killers of his son Krishna Prasad Adhikari to justice. Prime Minister Koirala did not do anything to save the life of the man seeking justice. Mr. Koirala as the head of the government responsible for protecting the lives and the property of the people has been responsible for the death of Adhikari. Now it is time for the people to bring the Koirala to justice as he not only did not bring the killers of son of the dead Adhikari to justice but also did not save the life of the man fighting for justice and the rule of law. Koirala has not been for the rule of law, and justice. Nepalis needed to rise against such a head of government that became the killer of the passive fighter. It is time for the human rights activists to go to the official residence of the prime minister and fight for the rights of the people to live in this country. Obviously, Prime Minister Koirala did not honor the rights of the people to live killing Nanda Prasad Adhikari. All the activists supporting Adhikari’s fight for bringing the killer of his son to justice should fight for bringing the prime minister to justice, too. However, this time none of them has been vocal as being vocal would mean going against the interest of his/her bosses.


Deputy Prime Minister Bamdev Gautam claimed that the Adhikari couple had demanded the ransom of two billion rupees for ending the hunger strike. The human rights activists and other civil society leaders could go to the Bir Hospital find out from the living Adhikari whether her husband had demanded two billion rupees for ending the fast-unto-death strike. Why did they need such a large amount of money when they were ready to die? They were seeking justice for their murdered son nothing more. The government failed in providing the Adhikari couple with the justice they had demanded.


One of the Adhikaris is still living. She also might die any time if the government were not to save her. DPM Gautam said that the government had been feeding the wife of the deceased Adhikari intravenously for keeping her alive. Why could not the government do the same to the Adhikari’s husband before he died?


DPM Bamdev Gautam said that the government could not do anything against the alleged perpetrators of the murder of Adhikari without evidences. If the government could not do anything against the alleged killers of the Adhikari couple’s son without evidences then the government should convey the message to the fasting couple. Then if the couple were to continue the fasting then the government needed to declare it illegal, and forcibly save the life of the Adhikari couple. The government could declare the Adhikari couple was attempting to suicide if they were to continue the fasting when the government could not do anything without evidences. However, the government did not go so far, and let one of the Adhikaris die. Is DPM Gautam not the killer of the father Adhikari that had died for the justice of his murdered son?


The so-called human rights organizations, civil society leaders, and the National Human Rights Commission (NHRC) had been so cool at the death of the fasting Adhikari. They did not take the issue to the government, to the law court or even to the streets. Obviously, these so-called human rights organizations and civil society leaders are partisans. They would do everything possible if the issue were against the parties they opposed but they would keep quiet if the issue were against their parties.


So, nobody would support you if you were fighting for justice peacefully, and if you were alone. You needed the political party background so that the political party could send its cadres to the streets to burn tires on the roads, shut down the vehicular traffic, and shut down the business of others and so on. The government would meet your demand only when you could launch the violent protest, and violate the human rights of others.


Why none of the political leaders talked about the injustice done to the Adhikaris? Cadres of the NC and CPN-UML did not do anything because their bosses were in the government. The UCPN-Maoist and its breakaway party CPN-Maoist did not do and say anything about the injustice because the allegedly perpetrators of the murder of the son of the fasting Adhikaris were their cadres. Chairman of the Rastriya Prajatantra Party-Nepal (RPP-Nepal) did not bother about the justice or injustice because he wanted to put back the monarchy that had inflicted injustice on the people for 240 years, and the Hinduism in the multi-religious State. So, he wanted to continue injustice putting back the dead monarchy, and the Hinduism that has discriminated against the people born of the so-called low caste. Chitra Bahadur KC of the Rastriya Janamorcha also did not talk about the injustice done to the Adhikaris. His concern was for making the federalism failed. The Madhesi leaders and their political parties did not do anything, too because demanding justice to the Adhikaris they would not gain anything rather they would alienate the partner UCPN-Maoist and the government, too.


UCPN-Maoist and CPN-Maoist believed that the regular courts should not deal with the cases of killings of people during the Maoists’ war against the State. They said that the Truth and Reconciliation Commission would take up such issues following the Comprehensive Peace Agreement the CPN-Maoist had reached with the government. However, the government along with the political parties has not been able to set up the commission. Both the government and the political parties particularly the UCPN-Maoist and the CPN-Maoist wanted to pardon the Nepal Army and the Maoists for their heinous crimes such as murder, and other human rights violations. More than 13,000 people from one account and 19,000 from another account died at the hands of the Nepal Army and the Maoists. Ninety percent of the dead were the Maoists. Thousands of people were disappeared. Justice has been done neither to the victims nor to their families.


Kathmandu, Sept 22: Nanda Prasad Adhikari of Phujel, Gorkha district passed away today. He had been on the fast-unto-death at Bir Hospital demanding to bring the murder of his son Krishna Prasad Adhikari to justice since a year. Director Dr. Swyam Prakash Pandit of the Bir Hospital confirmed the death of Nanda Prasad at around 5 pm on Monday evening. Nanda Prasad had been on a hunger strike along with his wife Ganga Maya Adhikari. He had been semi-conscious since September 18.


The dead body has been taken to the TU Teaching Hospital at Maharajgunj in Kathmandu for postmortem. Police personnel in large numbers were deployed to avert any untoward incidents. Human rights activists along with member of National Human Rights Commission (NHRC) Sudeep Pathak had reached the hospital on Monday to take a stock of Nanda Prasad’s health condition before he died. Nanda Prasad gestured his refusal to the right activists’ request for ending hunger strike. Maoist cadres had allegedly murdered their son at Bakulahar Chowk of Ratnanagar in Chitwan in June 2004 accusing him of working as an informant of the police. (“Nanda Prasad's Battle For Justice Comes To An End,”


Kathmandu, Sept 25: Authorities at the Bir Hospital said that they had been trying their best to persuade Ganga Maya Adhikari of Phujel, Gorkha district to end her fast-unto-death after the death of her husband Nanda Prasad Adhikari. "We have been trying our best to persuade Ganga Maya to end her ongoing hunger strike," said Dr Swyam Prakash Pandit, director of the hospital. He informed that hospital staffers along with human rights activists and a representative of the Prime Minister’s Office (PMO) persuaded her on Wednesday to sip some glucose water.


"At the request of human rights activists, she sipped glucose water today," Dr Pandit said, her health condition is critical but stable.” The hospital has feed her the nutrients the body needs intravenously.


Human rights activist Sudeep Pathak spent three hours with the living Adhikari on Wednesday. He said that she was overcome with grief at the death of her husband Nanda Prasad. She had started her hunger strike along with him.


"I have tried my best to convenience her that human rights activists are on her side in her battle for justice," Pathak said. The representative of the PMO and he had urged her to withdraw her ongoing fast. He also said that Ganga Maya has been complaining of severe body pain.


Pathak said that he would again meet with Adhikari on Thursday to persuade her to end her hunger strike. He said that human rights activists invited the PMO representative to inquire about the treatment the government has been providing Ganga Maya.


The Adhikari couple had started their fast-unto-death at the Bir Hospital 334 days ago, demanding to bring the murder of their son Krishna Prasad to justice. Doctors at the hospital said that the husband died of cardio-pulmonary failure. He died Monday evening. (“Efforts On To Get Ganga Maya To End Fast: Bir Hospital,


New York, September 26, 2014: The government of Nepal [2] has failed to deliver justice for the killing of Krishna Prasad Adhikari for over a decade. In protest his father Nanda Prasad Adhikari had been on hunger strike over 300 days. He died on September 22, 2014, the International Commission of Jurists (ICJ) and Human Rights Watch said today.


Nanda Prasad Adhikari and his wife Ganga Maya Adhikari began their hunger strike on October 23, 2013 in protest against the failure of one Nepalese government after another to ensure a credible investigation into the killing of their son in 2004, allegedly by members of the then Communist Party of Nepal–Maoist (CPN-Maoist).


The ICJ and Human Rights Watch called on the Nepalese government to protect the human rights of Ganga Maya Adhikari reported to be in critical but stable condition at the Bir Hospital in Kathmandu. She continues to refuse food even after her husband’s death.


“Nanda Prasad Adhikari made the ultimate sacrifice in the pursuit of justice for his son, but it should never have come to this sad moment,” said Sam Zarifi, regional director for Asia and the Pacific at ICJ. “The Adhikari couple symbolizes the thousands of people in Nepal who demand justice for the violations and abuses they suffered at the hands of the government’s armed forces as well as the Maoists.”


Despite several promises made by the government, there has been little movement toward the accountability for Krishna Adhikari’s death. In September 2013, after initial protests by the Adhikari couple, Nepalese authorities announced that they would follow the Supreme Court’s directive to investigate the killing.


One year later in April 2014, the Chitwan District Attorney filed charges against 13 people allegedly involved in the killing of Krishna Prasad Adhikari. When two men were arrested and produced in the court, UCPN-Maoist and CPN-Maoist leaders protested. One of the Maoist leaders Dr Baburam Bhattarai said publicly that if Parsuram Poudel: one of the accused could be arrested; the government should arrest Bhattarai as well. After three days of protests and threats by the UCPN-Maoist and CPN-Maoist, the Chitwan District Court granted bail to the two suspects. The case has been still pending in the court.


Throughout this period, the Adhikaris had continued their hunger strike pointing out serious flaws and shortcomings in the investigation carried out by the Nepalese authorities.


“Nepali politicians should stop making empty promises and investigate all allegations of human rights abuses and violations during the conflict,” said Brad Adams [3], Asia director. “Nanda Prasad Adhikari’s death highlights Nepal’s flawed attempts at reconciliation and redress for conflict-era crimes, and looks like a desire to sweep all wartime injustice under the rug.”


The Comprehensive Peace Accord (CPA) signed between the government and the CPN-Maoist ending the conflict in 2006 explicitly recognizes the Nepal’s obligations under international human rights law without reservation. The CPA is unequivocal about the need to investigate human rights violations and prosecute the perpetrators of the violations in line with the Nepal’s laws. A promised Truth and Reconciliation Commission has remained stalled, and the draft legislation is deeply flawed.


The ICJ and Human Rights Watch called on Nepalese authorities to continue investigations into the Krishna Adhikari’s death and prosecute the murders, and take up the hundreds of unresolved cases of enforced disappearances and extrajudicial executions.


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© Copyright 2014, Human Rights Watch

(Investigate, Prosecute Conflict-Era Crimes, HUMAN RIGHTS WATCH, Nepal: Adhikari Death Highlights Injustice [1])


Kathmandu, Sept 28, 2014: Acting Prime Minister also Minister for Home Affairs Bamdev Gautam said that the government could not save Nanda Prasad Adhikari that died while on a hunger strike because the government could not find sufficient evidences to take actions against the alleged murderers of his son Krishna Prasad. Allegedly, a team of the then CPN-Maoist killed Krishna Prasad in 2004.


Speaking at the Social Judicial and Human Rights Committee of the Legislature-Parliament today, Deputy Prime Minister Gautam said that the government was ready to take actions against the accused murderers of Krishna Prasad but the government could do so due to the lack of sufficient evidences. DPM Gautam said that one of the two accused culprits died in the decade-long conflict while other was in the UK; the Nepalese Court had not been able to prove his involvement in the killing, yet. The government tried to persuade the Adhikari couple to end their fast-onto-death strike but failed as their demands went on increasing. DPM Gautam said that the Adhikari couple demanded the compensation of two billion rupees; it was not possible for the government to provide such compensation, he said.


Ganga Maya: wife of Nanda Prasad Adhikari has been fed with all kinds of nutrition through intravenous saline as she refuses to break the fast-onto-death strike, he added. (“Acting PM Gautam's response to Nanda Prasad's Demise.”, September 28, 2014)



October 8, 2014

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