UPDATE ON NEPAL'S MAOIST INSURGENCY, FEB 1-7

UNCLAS SECTION 01 OF 03 KATHMANDU 000231

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FINANCING
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E.O. 12958: N/A
TAGS: PHUM PTER CASC PGOV NP IN
SUBJECT: UPDATE ON NEPAL'S MAOIST INSURGENCY, FEB 1-7

REFERENCE: (A) KATHAMNDU 0089

(B) KATHMANDU 0217

SUMMARY
--------------


1. The groundwork for peace talks was laid with the
Government of Nepal reportedly sending a formal invitation
to the Maoists. The Maoists announced their five-member
negotiating team for talks with the GON. Human rights
organizations want the peace talks to focus on human rights
and creating a lasting peace in Nepal. UNICEF declared the
truce a ray of hope for children in Nepal and criticized the
Maoists "politicization" of the educational sector. Narayan
Singh Pun, Minister For Physical Planning and Works and
government appointed negotiator, said that the priority of
the peace talks would be humanitarian issues and announced
plans to visit some of the districts hit hardest by the
insurgency. The United Kingdom announced its plans to
continue military assistance to Nepal. Criminal cases filed
against top Maoists are on hold, while some districts began
releasing suspected Maoists from prison. Security personnel
arrested three journalists working for a pro-Maoist
newspaper. An indefinite closure of educational
institutions, set to begin on February 13, has been called
off by the pro-Maoist student union. Maoists killed a
police officer and are still forcibly collecting money from
villagers.

GROUNDWORK FOR PEACE TALKS BEGINS
--------------


2. According to local press reports, the Government of
Nepal (GON) sent an official invitation to the Maoists for
formal peace talks. The press also reported that the
Maoists acknowledged the invitation and were expected to
accept it.


3. Dr. Baburam Bhattarai, the Maoists' number-two leader,
will head a five-member team in peace talks with the GON.
In addition to Bhattarai, the team consists of four other
senior-level Maoists: military strategist Ram Bahadur Thapa
(aka "Badal"); Dev Gurung; Krishna Bahadur Mahara, who
participated in the 2001 negotiations; and Mitrika Prasad
Yadav. The Maoists issued a statement through the local
press that there should be no suspicions about the ceasefire
and assured wary mainstream politicians that they believed
the role of political parties in the peace talks "cannot be
ignored."


4. According to local press reports, Narayan Singh Pun,
Minister For Physical Planning and Works and appointed
government coordinator for the negotiations, has already
held informal talks with Maoist leader Dr. Baburam Bhattarai
at an undisclosed location (According to a senior police
official, Bhattarai left India after the ceasefire and is
now in Nepal). The informal meetings allegedly were held to
establish a code of conduct and agenda for peace talks.

PEACE TALKS TO ADDRESS HUMANITARIAN ISSUES
--------------


5. The National Human Rights Commission (NHRC) appealed to
the GON and the Maoist party to turn the ceasefire into
lasting peace. In separate letters to Prime Minister Chand
and Maoist leader Pushpa Dahal (aka "Prachanda"),the NHRC
said that the ceasefire would be meaningless if it did not
allow the people of Nepal to resume normal lives. NHRC also
stressed the need for both sides to commit publicly to the
ceasefire and to establish a code of conduct for the period
of the ceasefire. The NHRC offered to help draft a letter
of understanding for both sides to sign.


6. Amnesty International (AI) issued a statement on
February 1 appealing to both the GON and the Maoists to give
top priority to human rights issues when peace dialogue
begins. AI urged both sides to "make human rights an
integral part of the agenda," and to enact measures that
would prevent any future killings, abductions and torture by
either side. AI also called on the Maoists to return all
children recruited as soldiers to their homes.


7. Carol Bellamy, Executive Director of UNICEF, said the
ceasefire has provided a ray of hope for children in Nepal.
Bellamy urged all sides to make schools a zone of peace and
to put women and children at the center of the peace talks.
Bellamy criticized the apparent trend of politicising
schools, and said it is "unacceptable" that schools have not
been able to provide a safe haven for children.


8. The National Women's Commission (NWC) released a study
on February 6 detailing the sexual abuse against female
Maoists. The NWC study reported that the women were often
sexually harassed and exploited by male insurgents. Several
of the sexual assaults resulted in pregnancies, and some
women were later forced to give birth in caves. The NWC
visited several districts in the mid and far western regions
of Nepal and found that women were often subjected to
repeated rapes by as many as six different men. The NWC
said it would ask the government to investigate and treat
the women, many of whom claimed to have been framed, as
prisoners of conscience.


9. Narayan Singh Pun, Minister For Physical Planning and
Works, said that the priority of the peace talks would be
humanitarian issues. Pun told the local press that
thousands of people had been left in a vulnerable state
because of the insurgency, and that he planned on visiting
some of the worst-hit districts.

UK TO CONTINUE MILITARY AID TO NEPAL
--------------


10. The British Government welcomed the ceasefire between
the GON and the Maoists as an "important and positive
development." Despite the ceasefire, however, Britain
announced that it would continue providing military
assistance to Nepal. The announcement follows a weeklong
visit to Nepal by a British mission consisting of senior
officials from the Foreign Ministry, Ministry of Defense and
Department of International Development. Members of the
commission told the local press that the focus would mainly
be on training the Royal Nepalese Army (RNA),but would also
address Nepal's development and its civilian police
capabilities. Britain contributes almost fourteen million
dollars annually in bilateral assistance to Nepal and also
provides over four million dollars each fiscal year to the
Global Conflict Prevention Pool, which funds short-term
development projects.

CRIMINAL CASES AGAINST MAOISTS IN LIMBO;
PRISONERS RELEASED
--------------


11. On January 13 the Government of Nepal (GON) filed
special court cases against ten senior Maoist leaders,
including Pushpa Dahal (aka Prachanda) and Dr. Baburam
Bhattarai, accusing them of being the "chief perpetrators of
crimes against the state" and demanded life imprisonment for
the Maoists (Ref A). The status of these cases is now
unclear with the announcement of the ceasefire. According
to local press reports, the GON has not withdrawn the cases,
and the court will not dismiss them until it receives
something in writing from the GON. In its attempt to bring
the Maoists to the table for peace talks, the GON had
withdrawn the rewards offered for information leading to
their arrests and reportedly cancelled "red corner notices"
on them with Interpol.


12. On January 31 Minister Pun visited the Central Jail and
the jail at Hanuman Dhoka in Kathmandu, where he met with
imprisoned Maoists. The GON is considering the possible
release of information on the whereabouts of Maoists
currently in jail. The local press reported that Pun has
reassured Maoist leaders that all detained Maoists will be
released within a month. It is estimated that there are
currently 9,000 suspected Maoists imprisoned throughout the
country.


13. The District Administration in southwestern Dang
District, a Maoist stronghold, has begun releasing Maoists
from prison. Eight Maoists were released from Tulsipur Jail
on orders of the government and, according to the
superintendent of police, more would be released after
processing is completed. In northwestern Baglung District,
six suspected Maoists were released from jail after being
imprisoned for over a year under the Terrorist and
Destructive Acts legislation. A journalist and two teachers
arrested under the same act remain in jail. Four others
serving time on suspicion of being Maoists were also
released from Central Jail on orders of the Supreme Court.
In southern Rautahat District, security forces released a
secondary school teacher who had been in custody for
fourteen months on charges of participating in Maoist
activities.


14. The editor of Janadisha, a newspaper considered to be
the mouthpiece of the Maoists, and two other journalists
from the same newspaper were arrested February 1 under the
Public Security Act. Authorities had previously raided
Janadisha's offices after the imposition of the state of
emergency in November 2001 and arrested the staff.

ANNISU-R WITHDRAWS CALL FOR EDUCATION STRIKE
--------------


15. The All Nepal National Independent Students Union-
Revolutionary (ANNISU-R) withdrew its call for an indefinite
closure of schools (Ref B). The strike was set to begin on
February 13. Devendra Parajuli, President of ANNISU-R, said
he believed that the militant students' demands could be met
through dialogue, and said the country's focus right now
should be on "resolving the current political crisis."

CEASEFIRE DOESN'T STOP VIOLENCE
--------------


16. Maoists killed a police officer in Kanchanpur District.
His body was discovered on January 30, just a day after the
announced ceasefire. The officer had been abducted by the
insurgents and held captive for almost two weeks.


17. Maoists in mid-western Arghakhanci District are still
forcibly soliciting donations from villagers despite the
ceasefire. Farmers and small business owners report being
compelled to donate money to the insurgents. A senior
police official claims that Maoists in Kathmandu Valley are
forcing residents to attend political indoctrination
meetings. Maoist insurgents also declared a general strike
in southern Makwanpur District on February 4, putting a halt
to businesses, traffic and schools.


18. The Maoist Party issued a press release on February 5
denying that it had been involved in any acts of theft or
looting since the declaration of the ceasefire. The
statement follows a number of thefts and robberies allegedly
carried out in the name of the Maoists in southern
Nawalparasi District.

MALINOWSKI