NPL 003 / 0607 / OBS 065

June 11, 2007

The Observatory for the Protection of Human Rights Defenders, a joint
programme of the World Organisation Against Torture (OMCT) and the
International Federation for Human Rights (FIDH), requests your urgent
intervention in the following situation in *Nepal*.

 Brief description of the situation:

The Observatory has been informed by reliable sources, including the
Informal Sector Service Centre (INSEC), about threats and acts of
harassment against Ms. Rita Mahato and Ms. Dev Kumari Mahara, two
members of the Women’s Rehabilitation Centre (WOREC), in Siraha
district, Nepal.

According to the information received, Ms. Rita Mahato and Ms. Dev
Kumari Mahara have been defending for a couple of years the rights of
the women and Dalits, documenting cases of violence against women, and
providing various forms of support to victims. While their activities
have been regularly obstructed by some members of the Govindapur
community (Siraha district), their situation has worsened since April 2007.

As a matter of fact, after documenting two cases of rape victims in
April and May 2007 [1], and helping the
victims in accessing justice, notably through the registration of their
cases with the police and providing legal and medical support to the
victims, Ms. Mahato reportedly started receiving threats of death, rape,
kidnapping, shooting and beating by Messrs. Binod Balbar Chaudhary, Ramu
Yadv, Kishori Raya and Ram Bharosh Yadav, members of the Govindapur
community. A man called Mr. Dinesh Yadav further threatened her by
saying that “he ha[d] unleashed a man who w[ould] rape any woman”.
Both Mr. Ram Bharosh Yadav and Mr. Dinesh Yadav were identified as
perpetrators of cases of rape.

Subsequent to WOREC denunciations and reports, the Govindapur community
blamed Ms. Rita Mahato for calling the police to arrest a perpetrator
involved in one of the cases of rape. Indeed, the community had decided
that the case was to be settled in the community itself.

Furthermore, on June 2, 2007, around 11:52 pm, WOREC office was attacked
by unknown assailants with sharp bricks, while the staff was still
working. The attackers could not been identified since it was dark
outside. When the staff went out to inspect the situation, they were
further volleyed with bricks from all over the area while the attackers
fled. The staff was not seriously injured in this attack, but they all
felt their lives were being threatened.

Subsequently, WOREC contacted the local police, who replied that they
were unable to come to WOREC office due to security reasons, but they
assured the staff they would come the next morning. The staff then
inspected the area for about ten minutes, but they again had stones
thrown at them by the attackers.

Finally, the main gate of WOREC was dismantled and thrown in the middle
of the road by unknown assailants, who were later identified by the
community as the perpetrators who raped and beat Nepur Devi Yadav. This
incident was registered in the local police station, however no
investigation has been opened yet.

The Observatory expresses its deep concern about these acts of
intimidation and obstacles to the human rights activities of WOREC and
urges the Nepalese authorities to guarantee in all circumstances the
physical and psychological integrity of its members, in particular of
Ms. Rita Mahato and Ms. Dev Kumari Mahara.

 Background information:

Siraha is located in the eastern region of the country and shares a
border with India. The population of the district encompasses Madhesi
communities and is characterised by a strong presence of “feudalism” and
social exploitation of marginalised groups. The upper caste/class
controls the district by holding the rights to land, and by dominating
the marginalised groups such as women and Dalits. WOREC is involved with
various activities in empowering the Dalit communities, such as Musahar,
Paswan, Ram and Sarki, who are marginalised and socially excluded.

WOREC has been working in Siraha for the past 4 years with a special
focus on Dalit rights and women’s rights. WOREC has been active in
documenting cases and providing various forms of support, such as legal
support, by registering cases with the local police station and other
associated government bodies, providing socio-psycho counseling etc.

 Actions required:

Please write to the Nepalese authorities urging them to:

i. Guarantee in all circumstances the physical and
psychological integrity of WOREC members, in particular of Ms. Rita
Mahato and Ms. Dev Kumari Mahara;

ii. Order a thorough and impartial investigation into
the above-mentioned events, in order to identify all those responsible,
bring them before a civil competent and impartial tribunal and apply to
them the penal, civil and/or administrative sanctions provided by the law;

iii. Put an end to any kind of act of harassment and
threats against WOREC members as well as against all human rights
defenders in the country;

iv. Conform with the provisions of the UN Declaration
on Human Rights Defenders, adopted by the General Assembly of the United
Nations on December 9, 1998, especially its article 1, which states that
“everyone has the right, individually and in association with others, to
promote and to strive for the protection and realisation of human rights
and fundamental freedoms at the national and international levels” and
article 12.2, which states that “the State shall take all necessary
measures to ensure the protection by the competent authorities of
everyone, individually and in association with others, against any
violence, threats, retaliation, de facto or de jure adverse
discrimination, pressure or any other arbitrary action as a consequence
of his or her legitimate exercise of the rights referred to in the
present Declaration”;

v. Ensure in all circumstances respect for human
rights and fundamental freedoms in accordance with international human
rights standards and international instruments ratified by Nepal.

Addresses :

* Home Minister Mr. Krishna Prasad Sitaula, Government of Nepal,
Ministry of Home Affairs, Singha Durbar, Kathmandu, Nepal. Tel:
+977 1 4211211 / 4211229, Fax: 97714211232 Email:
moha wlink.com.np

* Mr. Girija Prasad Koirala, Prime Minister’s office, Singha Durbar,
Kathmandu,
Nepal, Fax: + 977 142 27286

* Mr. Ram Chandra Poudel, Minister for Peace and Rehabilitation,
Peace Secretariat, Singh Durbar, Kathmandu, Nepal. Fax: +977 1
4211186 and 4211173, E-mail: info peace.gov.np

* Mr. Khadga Bahadur Biswokarma, Minister for Women, Children and
Social Welfare, Singha Durbar, Kathmandu, Nepal, Fax:
977-1-4241516, E-mail: mowcsw ntc.net.np

* Mr. Yagya Murti Banjade, Attorney General, Office of the Attorney
General, Ramshahpath, Kathmandu, Nepal, Fax : +97714262582, Email
: attorney mos.com.np  mos.com.np>
* National Human Rights Commission, Pulchowck, Lalitpur, NEPAL, Fax:
+977 1 5547973, Email: complaints nhrcnepal.org / nhrc nhrcnepal.org

* SP Navaraj Silwal, Police Human Rights Cell, Nepal Police Head
Quarter, Naxal, Kathmandu, Nepal PO. Box. No.: 407, Tel: +977 1 4
411 618 Fax : 9771415593 E-mail: hrcell nepalpolice.gov.np

* Mr. Om Bikram Rana, Inspector General of Police, Police Head
Quarters, Naxal, Kathmandu, NEPAL, Fax: +977 1 4415593, Email:
info nepalpolice.gov.np  nepalpolice.gov.np>
* Ambassador Acharya, Gyan Chandra, Permanent Mission of Nepal, 81
rue de la Servette, 1201 Geneva, Switzerland, Fax: +4122 7332722,
E-mail: mission.nepal ties.itu.int

* Ambassador Thata Yarayan, Embassy of Nepal in Brussels,
Brugmannlaan 210, 1180 Brussels, Tel: +32 2 346 26 58 / 2 346 66
38, Fax: +32 2 344 13 61, E-mail: rne.bru skynet.be

Please also write to the diplomatic representations of Nepal in your
respective country.

Geneva - Paris, June 11, 2007

Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection
of Human Rights Defenders and aims to offer them concrete support in
their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the
French Republic.

To contact the Observatory, call the emergency line:

Email : Appeals fidh-omct.org

Tel et fax FIDH : + 33 1 43 55 55 05 / 33 1 43 55 18 80

Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29

[1] For more information on these two
cases, see OMCT Urgent Appeal Case NPL 080607.VAW.CC, issued on June 8,
2007.

— 
Isabelle Brachet

Desk Officer for Asia

International Federation for Human Rights (FIDH)

17, passage de la Main d’Or

75011 Paris – France

tel : + 33 1 43 55 25 18 / fax : + 33 1 43 55 18 80

www.fidh.org