UPDATE ON NEPAL'S MAOIST INSURGENCY, MARCH 27-April

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E.O. 12958: N/A
TAGS: PINS PTER CASC PGOV NP PHUM
SUBJECT: UPDATE ON NEPAL'S MAOIST INSURGENCY, MARCH 27-April
2, 2004

REFERENCE: (A) KATHMANDU 0588
(B) KATHMANDU 0516
(C) KATHMANDU 0591

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


1. Indian police arrested Maoist senior politburo member
Mohan Vaidya (Ref A). The Home Minister rejected the United
Nation's (UN) call for a ceasefire, declaring that the
Government of Nepal (GON) will not allow the Maoists
"another chance to regroup." Nepal was unusually subdued
this week with only sporadic incidents of violence which
left two security personnel and five Maoists dead. Maoists
still have not released the 33 captives taken after the
attack in Myagdi District (Ref B). The GON released its 25-
point human rights commitment paper to mixed reviews (Ref
C). Britain's special envoy to Nepal said elections could
resolve the current crisis, but must have the right
environment. Maoists reportedly have warned NGOs not to
visit the two western districts because they are "under the
state of war." Maoists torched two passenger buses, and
detonated several bombs in Kathmandu and its surrounding
areas. Three children were killed by Maoist bombs, and two
women died after rebels prevented an ambulance from reaching
the hospital. Forty students were taken from the west
reportedly for conscription into the Maoist militia. End
Summary.

HIGH-LEVEL MAOIST CAUGHT IN INDIA
--------------


2. On March 30, Indian police arrested Maoist senior
politburo member Mohan Vaidya, also known as Kiran, in the
Indian city of Silguri along with another Maoist cadre (Ref
A). Vaidya is the highest-ranking Maoist to be arrested
since the start of the so-called "Peoples' War." According
to the local press, a GON official said that the government
would "immediately" request extradition. Maoist supremo
Prachanda issued a statement the following day condemning
Vaidya's arrest as a "trade-off" between the GON and India.

HOME MINISTER REJECTS UN
--------------


3. At a press conference on March 27, Kamal Thapa, Home
Minister and Minister of Communication and Information,
rejected the United Nation's (UN) call for a ceasefire,
declaring that the Government of Nepal (GON) will not allow
the Maoists "another chance to regroup." Minister Thapa
accused the rebels of attempting to resume peace talks as a
ploy to reorganize and strengthen their army by accumulating
"arms and ammunition and training their cadres." He said
dialogue was not possible until the "Maoists lay down arms
and show commitment." In response to Kofi Annan's offer
last week of assistance, Thapa said the GON did not "need
any foreign mediation" and was "capable enough" to solve the
current crisis on its own.

SUBDUED VIOLENCE
--------------


4. After suffering brutal attacks last week, violence in
Nepal was unusually subdued this week with only sporadic
incidents. Maoists gunned down a Royal Nepal Army (RNA)
lieutenant in Kathmandu Valley on March 27, and a former
police inspector with the National Investigation Bureau on
March 31 in the western district of Kavre. Seven security
personnel were injured on March 27 after the bus they were
traveling in drove over a Maoist-planted landmine in Kaski
District. Security personnel killed three Maoists and a
civilian in Kaski District on March 27 during a security
operation. On April 1, two rebels died and three civilians
were injured after a Maoist landmine detonated in the far-
western district of Jumla.

FAMILIES PLEAD FOR RELEASE OF MAOIST CAPTIVES
--------------


5. Family members of kidnapped security personnel,
including the Chief District officer (CDO),the highest
ranking civil servant, and the Deputy Superintendent of
Police (DSP),the highest-ranking police officer, made a
desperate appeal for their release. On March 27, the
families were joined by local human rights activists who
urged the Maoists to adhere to international laws and
release the 33 captives, who were taken after the massed
attack in Myagdi District (Ref B). The Maoists reportedly
have allowed the International Red Cross to visit the
hostages, but are adamant that the GON release three of
their senior members (Matrika Yadav, Suresh Ale Magar, and
Tilak Sharma) from detention before they set the hostages
free. There has been no public comment from the GON
regarding the captives.

GON RELEASES HUMAN RIGHTS PAPER;
RECEIVES MIXED REVIEWS
--------------


6. In an apparent response to international criticism of
Nepal's human rights situation, Prime Minister Surya Bahadur
Thapa revealed a 25-point commitment paper on March 26
highlighting the GON's action plan to stop further abuses
(Ref C). Among some of the points listed, the GON pledged
to take measures to prevent illegal detentions and maintain
a record of all detainees. In addition, Thapa said the GON
would work to facilitate the monitoring and investigations
of the National Human Rights Commission (NHRC).


7. Reaction to the announcement was mixed. On April 1,
Acting UN High Commissioner for Human Rights Bertrand
Ramcharan welcomed the GON's public commitment, but said the
GON must also firmly support nationwide monitoring to ensure
adherence to international standards. The European Union
(EU) praised the GON for taking a "much needed first step,"
but also echoed the need for providing technical, financial
and logistic support to the NHRC. The EU called upon the
Maoists to observe the same standards on human rights
contained in the government's paper, and criticized the
increase in violence by the rebels despite their so-called
public commitment to the Geneva Convention.


8. The NHRC, which initially lauded the government's plan
as positive, is in a war of words with the GON over
accusations against the Commission. On April 1, the local
press reported that the NHRC received a letter from the Home
Ministry accusing the Commission of smearing the image of
security forces through its one-sided reporting. The letter
reportedly alleged that the NHRC was being directed by the
Maoists on what to report, and therefore demanded that the
NHRC include a representative of the security forces on each
of its investigation teams. Sushil Pyakurel, member of the
NHRC, dismissed the demand as "silly," and fired back that
the GON was infringing on the impartiality and independence
of the commission.
ELECTIONS CAN SOLVE CURRENT CRISIS
--------------

9. On March 26, Sir Jeffrey James, the British special
envoy to Nepal, said elections could resolve the current
crisis if they occur under the right environment. Speaking
to reporters, James said a voting atmosphere "free of fear,
intimidation and violence," was necessary for credible and
acceptable elections to Nepalis. Declaring that it is "more
necessary than ever" to find a solution, James called on a
"negotiated settlement" to the current conflict. On March
28 Home Minister Kamal Thapa challenged the Maoists to "make
use of" the elections to prove they are sincere in trying to
resolve the country's problems. Thapa also urged the
insurgents to declare a ceasefire during the elections.

MAOISTS RESTRICT NGOS;
DISRUPT HEALTHCARE
--------------


10. Maoist leaders in the western districts of Banke and
Bardiya, two of the districts hit hardest by the insurgency,
reportedly have warned NGOs not to visit the areas. A March
30 press report said that the rebels had declared the
districts "under the state of war," and are restricting any
NGOs from entering. Healthcare workers in the Maoist
heartland district of Rukum, also in the west, report being
subjected to harassment and intimidation by both the
security forces and the insurgents. A report commissioned
by the Department for International Development (DFID),the
German Technical Cooperation, and the Swiss Agency For
Development and Cooperation (SDC) said the healthcare
workers are warned by security forces not to treat the
Maoists, while the rebels accuse them of spying for security
forces. A member of the National Human Rights Commission
also alleged use of stimulants among frontline Maoists.


11. Maoists torched two passenger buses in separate
incidents. On March 28, rebels ambushed a bus traveling
from Kathmandu, killing one and injuring a dozen others. On
March 29, a bus heading towards Rupandehi District was
torched by armed rebels who forced the bus to stop and
ordered the passengers off by gunpoint. Two bomb blasts
tore through a Ministry of Defense office building in
Kathmandu on March 29. No casualties were reported. On
March 31, suspected Maoists detonated three bombs in three
different government office buildings in Bhaktapur, just
outside the Kathmandu Valley. On March 24, Maoists in the
western district of Dhanusha ordered two French tourists out
of their vehicle and subsequently pushed it into the river.
The rebels said the tourists had violated the Maoist vehicle
ban. On March 28, Maoists ambushed a vehicle in Banke
District carrying exam papers for students waiting at the
examination center. Minor damage was caused, but students
were able to take the exam.


12. In the far-eastern district of Teharathum two girls
were killed after a bomb detonated inside a house on March

26. Maoists reportedly claimed responsibility, saying it
was an "accidental blast." On March 30, a four-year-old boy
was killed and another seriously injured in the central
district of Gorkha after a bomb left behind by Maoists
exploded. On March 28, a woman in Dadeldhura District,
which borders India on the west, died from excessive
bleeding after Maoists prevented the ambulance from taking
her to a hospital in India. In that same district, a
pregnant woman also died after family members could not
reach the hospital due to the Maoist-imposed blockade in the
area.


13. Maoists in the western district of Baglung reportedly
abducted 40 students from various parts of the district.
Their whereabouts remain unknown, but locals believe they
were taken for conscription into the Maoist militia. On
March 31, the local press reported that as many as 1000
people were rounded up by the Maoists in the far-western
district of Bajura to participate in the rebel's "Public
Campaign" programs. According to locals, the insurgents had
announced a week earlier that a member from each family
would have to go with them. Three other civilians were also
taken by insurgents; a Village Development Committee (VDC)
secretary from the eastern district of Udayapur on March 29;

SIPDIS
and a former soldier and civilian in Makwanpur District on
April 1. Five teenagers abducted by the Maoists last month
reportedly are working in a Maoist labor camp after refusing
to take part in Maoist activities. Three of them are
married women.

MALINOWSKI