Biased Narrative of HRW Report on #Nepal

Prem Dhakal

Does Human Rights Watch (HRW) believe that people migrating within Nepal have no say about provincial delineation of the place where they live now, while those coming from India like Rajendra Mahato should have a greater say over delineation of the whole stretch of Terai?

Why is the narrative of Human Rights Watch (HRW) report biased for me? 

First of all, I must accept that I have not read the whole report. But from whatever I have read, I strongly feel the narrative was biased. I can make no claims about the incidents, anyway, as I am not witness to any of the incidents. So, my issue is only about the narrative which does not look neutral.

1.

The title is ‘Like We are not Nepali’ Protest and Police Crackdown in tarai of Nepal, with ‘Like We are not Nepali’ displayed prominently.
I find the title biased and provocative. I believe it’s a report prepared by Human Rights Watch (HRW) and not agitating Madhesis. Has HRW concluded that Madhesis are not treated like Nepalis? Has the state said so? Does the constitution say so? I believe one can’t give such a strong headline to a report investigating killing of civilians and security persons during violent protests.

I have always strongly condemned violence by both the state and protestors anywhere. But the Madhesis have been killed in places burning in protest, and the security persons have turned atrocious after the Kailali incident where security persons were brutally killed, as the HRW report also accepts. Madhesis have not been chased and killed, say in Kathmandu for example.

[Related: Like we are not human enough to deserve rights; was the HRW’s Nepal report meant to serve one side of a polarized political-narrative war?]

I’ve not seen HRW or any other HR organization, bringing a report titled ‘Like we are not American’ when black Americans have been killed, at peaceful times, by police on as trivial an issue as a routine traffic stop as in the case of Samuel DuBose on July 19 in Cincinnati. So, why such strong and provocative headline on death of Nepali citizens during the course of violent protests?

2.

I don’t like to be personal. But I still find citing Prashant Jha’s work thrice to construct the context of violence and history of discrimination a little surprising knowing where he stands. But, HRW deems him to be neutral and I trust the HRW judgement.

“Some parts of Nepali society regard Madhesis as “Indian” due to their community’s close cultural and linguistic ties with India and their frequent intermarriage with communities in neighboring regions across the border, and some have questioned Madhesis’ loyalty to the Nepali state.”

I don’t regard Madhesis as Indians and am not here to refute Jha’s claims in the book. But the HRW uses this extract to build the narrative and then decides to not use the claim of Indian Union Home Minister Raj Nath Singh, who is a former BJP president, that there are one crore (10 million) Indians in Nepal. Singh also promises that Indians will be protected in Nepal. Here is the link

His claim has yet to be retracted. Indian Embassy in Kathmandu, though, has issued a statement saying the comments attributed to him do not represent the government position.

Singh’s comment was widely covered in Nepali media and social media. I can’t believe HRW missed that. My question is why did HRW decide to cite Jha to build a narrative to prove that Madhesis are not treated like Nepalis (rather like Indians) while ignoring claims of Indian Union Home Minister that seem to claim they are indeed Indians. It could at least have mentioned it to inform the readers, especially the uninitiated international ones, and let the readers decide themselves.

[Related: Debunking Dr. Karan Singh’s misinformed comment about Nepal in Indian Parliament]

3.

“The Madhesi movements of 2007 and 2008 were largely peaceful but also involved some acts of arson and other violence, while numerous protesters were shot dead by the security forces.”

The report says Madhesi protesters were shot but does not mention 28 Maoists killed by Madhesis in Gaur at the start of the movement. The movement was also directed against people of Hill-origin living in the Terai region- a large number of uninvolved Hill-origin people were forced to flee, if they could escape the violence and arson.

“These movements also gave rise to new Madhes-based political parties, which prospered in the 2008 Constituent Assembly election. However, these parties suffered multiple splits, resulting in their winning far fewer seats in the 2013 Constituent Assembly election.”

The HRW, after taking trouble to trace centuries of discrimination, seems to be economical with the CA Election 2013. It does not want to add why the Madhes-based parties split. It also ignores a crucial fact that the Prime Minister of that time, Baburam Bhattarai described the second CA Election (he announced elections for the second CA while dissolving the first) as a sort of referendum between those supporting ethnicity based federalism and those against it. The first CA was dissolved primarily due to the issue of ethnicity-based federalism after the parties were unable to garner enough support on either side to draft a constitution. The ruling coalition support ethnicity-based federalism, but did not have enough places in the Assembly. They wanted to increase their strength through the second elections. HRW, for some reasons, seem to not accept that the result of the second CA was not only because of the split in Madhes-based parties and the Maoists. The mandate was a resounding rejection of the ethnicity-based federalism and other issues that the Maoists and Madhes-based parties were supporting before the election.

4.

“The Tharus were opposed by the Akhanda Sudur Paschim (United Far West) movement, largely composed of people who live in Kailali and neighboring Kanchanpur district but whose origins lie in the hills to the north.”

The HRW, citing it, seems to make a point that those who have migrated from hills to the plains are prevailing over the indigenous people. But then, the report does not mention that Rajendra Mahato, one of the top leaders of the current Madhes movement, was an Indian before becoming a naturalized Nepali. Mahato now is demanding that not just the district where he currently resides, but even Jhapa, Morang and Sunsari should be included in the Madhesh province. The right of naturalized citizens, particularly those coming from India, is one of the major agendas of the movement.

Does HRW believe that people migrating within Nepal have no say about provincial delineation of the place where they live now, while those coming from India like Mahato should have a greater say over delineation of the whole stretch of Terai?

5.

“On that day, three Madhesi political leaders from the eastern plains—Upendra Yadav, Rajendra Mahato, and Amresh Singh—made speeches at a rally in Tikapur, Kailali’s second largest town, which were widely said to have included inflammatory language, angering Akhanda supporters.” (to watch these videos with English subtitles, click here)

Why is HRW using the expression “said to have”? Does HRW not find such language inflammatory? I find it hard to believe that HRW cannot find footage of the videos that the media has played widely, and verify authenticity.

I’ve not read the whole report but I didn’t find any mention about the announcement of incentive of Rs 5 million to the family of anyone who is killed in what I have read. I even searched the whole report using the key words million, 5 and 50, but found no mention of that incentive.

6.

The HRW says security forces have used racial slurs against protesters. This no doubt is condemnable. The police personnel attacked, injured and lynched by the protestors include many of Madhesi origin too. But I find it surprising that the report does not mention Madhesi protesters using racial slurs. Did HRW try to learn from the security persons if they also have been racially insulted by protesters? Do the HRW want us to believe that Madhesi protesters protest with their mouths sealed or they are so controlled that they don’t retaliate even when security forces hurl racial slurs against them?

7.

@SulavKarki @ghimireprashant we deal with rights violations, not politics. Blockade political issue.

— Tejshree Thapa (@TejshreeThapa) October 31, 2015

It is also surprising that the HRW does not talk about Indian blockade in the report. One of the editors of the HRW report, Tejshree Thapa tweeted that blockade is a political issue, therefore out of scope for HRW. So, if HRW does not acknowledge political issues, why build the narrative by citing centuries of discrimination by hill elites and so on? Are the violent protests in Nepal of apolitical nature? Isn’t the blockade on Nepali population a grave humanitarian crime? If political history has to be connected while investigating killings by police and protesters following differences over political document like constitution, why ignore an issue that can have (currently having) serious humanitarian repercussions?

The most surprising thing is HRW mentions

“The Nepali government has blamed India for the shortages, claiming that India is imposing an unofficial blockade in order to force the government to amend the constitution in line with the Madhesi demands. India has denied this charge, claiming that the shortages are due to protester blockades and a general lack of security for the trucks ferrying the goods.”

[Related: A controlled Indian Blockade on Nepal, a BBC Report from a border town]

But does not send its men to visit all the border points to see if all of them have been obstructed by protesters or not. I would like to remind that goods were coming unhindered from Bhairahawa to Kathmandu before India started the blockade even as the border point in Birgunj was closed due to protests.

I believe HRW cannot be stretched for resources to send its men to see why the border points are obstructed, and adding one line to the above lines would not have completely transformed the report into a political one from that about human rights. I also find it surprising that the report, again in the parts which I have read, does not mention about protestors hurling stones from no man’s land.

Originally posted on Twitter by Prem Dhakal, directed to Human Rights Watch (HRW) and an editor of the Nepal report, Tejshree Thapa. The tweet can be viewed at this link. This UWB post has been published with Mr. Dhakal’s permission.

.@TejshreeThapa Thanx Madam! I have listed my objections here @hrw @robpenner pic.twitter.com/EThYZWDfxO

— Prem Dhakal (@premdhakal) December 11, 2015