Through the Eyes of a Human Rights Monitor

16 Apr

“My efforts were thwarted when I came to know that the one who was unconscious among those 8 was no more alive”
The following blog was posted by PRATIK PANDE, a COCAP human rights monitor and senior official at the Jagaran Media Center.

April 22, 2006: Kathmandu

“We, through this proclamation, affirm the executive power of the Kingdom of Nepal, which was in our safekeeping, shall, from this day, be returned to the people and be exercised in accordance with Article 35 of the 1990,” said the King Gyanendra of Nepal at 19:00 hours in a message of the 16th day of ongoing mass movement of Nepal.

It would be the historic day, if in the above statement the King would give his full stop after he mentioned that the executive power be returned to the people. But he still wants to play games.

Article 35 (1) of the Constitution 1990 of Nepal states that the executive power shall, pursuant to this Constitution and other laws, be vested in His Majesty and the Council of Ministers.

Sub-clause 2 of it states: The power of His Majesty under this constitution shall be exercised upon the recommendation and advice, and with the consent of the Council of Ministers, except as otherwise expressly stated that it may be exercised exclusively by His Majesty or at his discretion or on the recommendation of any institution or official. Such recommendation, advice and consent shall be submitted through the Prime Minster.

My direct involvement from the very first day in this mass movement till today’s date as Human Rights Volunteer/Defender, interacting directly with the mass leaders of different strategic movement spots of Kathmandu, interacting and knowing the views of demonstrators, human rights defenders, civil society leaders and such others, has given me the conclusion that this movement of Nepal is not just meant for the forming government as called by King Gyanendra in his proclamation.

This movement is for the democratic republican Nepal. This movement is for the election of a constituent assembly. This movement is for the reformation of state. The bottom line of negotiation that people can come is only Constituent Assembly.

As of now, people have lost more than 15 lives across the country in this ongoing mass movement. More than 200 are seriously injured in Kathmandu alone. More than 6000 people have been injured round the country.

People for the first time in the history of Nepal faced 25 hours long curfew and again after 6 hours gap of 25 hours long curfew, government imposed another 15 hours long curfew. Maybe the government thought, by imposing such a long curfew, they can get hold of public, but they were mistaken.

Again for the first time in the history of Nepal, more than one hundred thousand people came out in road defying curfew the first day, i.e. on the 20th of April 2006, which lasted for 25 hours. Police opened fire at Kalanki killing at least 3 people and other 20 seriously injured. This curfew was imposed from morning 2:00 am of 20th until the morning 3:00 am of 21st.

If the King, his follower and government really wanted peace and democracy in Nepal, they would not declare this curfew at the evening 7:00 pm of 19th April. Their intention was to kill people and dominate the movement. There was extreme violation of Human Rights. People were shot at gun point in their head.

Had this not been their intention, they would release curfew pass to media, human rights defenders, ambulances and the likes. Pass was not released even to the UN OHCHR, to the Red Cross Ambulances and to the Diplomat Missions. The use of Air Ambulance 1, such as a plane or a helicopter, to carry patients to and from healthcare facilities and accident scenes is referred to as air medical services. During aeromedical evacuation or rescue operations aboard helicopters, propeller aircraft, or jet aircraft, personnel provide complete prehospital, emergency, and critical care to all sorts of patients.

When people were first hit with sticks and their head was broken, I ran to police side to ask help for bringing ambulance for the injured, but instead helping me, they tried to hit me with sticks and I had to run back to the protesting side to save myself. I was then wearing the jacket of COCAP and told them that I am Human Rights volunteer. I could not see people dying in front of me at Kalanki.

At my own risk, without curfew pass, I took the vehicle of INSEC (a human rights organization, located at Kalanki) and carried 8 seriously injured people to the Model Hospital. Despite taking vehicle without curfew pass, kneeling down to security forces all the way; my efforts were thwarted when I came to know that the one who was unconscious among those 8 was no more alive.

It was the only vehicle that was seen in road on the way to hospital from Kalanki except that of police, army and armed police. After sometime, some ambulances were seen carrying out injured people in their own risk, as they too were given pass to carry injured people.

After the huge condemnation of I/National communities, organizations, media, human rights organizations, etc. the next day, i.e. on 21st April, government issued 1 curfew pass to 1 private national and international media and 5 passes to UN OHCHR. None of the national human rights organizations except National Human Rights Commission (NHRC) were issued curfew pass.

The curfew started from 9:00 am until 8:00 pm which was again lengthen until mid-night of 12:00. When we were in the Valley Traffic Office at 8:00 am to ask for curfew pass, they denied us at 10:00 when curfew was already started. After requesting that now we cannot even return back to our shelter, they issued us curfew pass for 15 minutes stating the route from their office to our home. And in my case, I live in place near to Kalanki where the firing took place the last day.

So, the police authorities denied me to give pass till Kalanki saying that I don’t live there and I want to be there for monitoring and reporting. After convincing them that Kalanki is 500 meters distance from my place, they finally agreed to give me pass but mentioning the place Ravi Bhawan, a place very near to where I live and then I could come back to my home in my bike in due time.

After I came back to my home, I used inner sub-way to enter to Kalanki to join demonstration as demonstrator but when I entered Kalanki, I could hardly see human rights defenders except that of OHCHR. I knew that OHCHR team is mobile team, so again I had to change my further plan of being demonstrator and I put on my jacket of COCAP to monitor Human Rights violations. But after sometime, I could see some other friends of some other human rights organizations.

Despite the curfew within ring road and 200 meters outside ring road, there was demonstration of at least 600, 000 in the ring road and inner parts of Kathmandu. People were claiming that standing in a same place from the start point to the end of mass named ‘Human Ocean’; it took more than 2 hours to pass. This is again is the first time in history of Kathmandu such a huge mass was seen, not even during the normal time.

This shows that people are joining the movement every other day. Number of people is increasing everyday. This movement will not stop, until there is declaration of election of constituent assembly. People have advised and threatened the political parties to not negotiate below constituent assembly with King or who so ever. People have already started demonstrating against the King’s proclamation from today morning.

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Posted Apr 16th, 2007

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