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HUMAN RIGHTS AND PEACE
IN NEPAL
(An Internet Movement)
DR. BINDESHWAR PRASAD YADAV
MADHESH PEACE UNIVERSITY
Established by
Madhesh Foundation for Peace and Development
2007
HUMAN RIGHTS AND PEACE
IN NEPAL
(An Internet Movement)
Author : Dr Bindeshwar Prasad Yadav
bpyadav66@hotmail.com
Copyrights © : Dr Bindeshwar Prasad Yadav
Published : 2007 September
Published by : Madhesh Peace University,
Gaur, Nepal
ISBN NO. : 978 - 99946 - 2 - 976 - 3
Price : Rs. 60
Computer settings : Easy Computer Service
Mobile : 9841215276
Dedicated for
Those, who irrespective of race,
religion, gender, nationality, profession
have advocated/ acted for the human
rights of people in any part of the world
and to promote peace in any corner of
the globe.
Contents:
Preface
Introduction
Page
Mahatma Gandhi and His Words
Mahatma Gandhi 1
Mahatma’s Words for Common Life 3
Words for Nonviolence in Politics 5
His Words for Satyagraha 10
Words for Peace 11
Madhesh in Nepal
Madhesh as a Colony in Nepal 12
Separatism or Freedom 14
Time to Test 20
The Human Rights of Half of the People
of Nepal 23
True Integration of Nepal
Towards True Integration of Nepal 25
Restructuring of the State (Rejoinder) 35
Thoughts for Madhesh State (Rebuttal I) 40
Economic Delusion of Water Resource
in State Structure (Rebuttal II) 43
Firing on Madheshi: A Major National Sin 46
Madheshi-Martyr 47
Request for Help 48
Letters to the World’s Dignitaries
Letter I to the Prime Minister of Nepal 49
Complaint Petition to the United Nations Office
of the High Commissioner for Human Rights 52
Letter to the Prime Minister of India 63
Letter II to the Prime Minister of Nepal 65
Letter to the United Nations
Secretary General 67
Love, Nonviolence and Madheshi-Movement
Madheshi – Right:
To Strengthen National Unity 69
Nonviolence Must be Practiced 71
Love and Nonviolence as Means
for Fight for Rights 75
Let’s Tolerate and Forgive 77
Miscellaneous
Madhesh University/
Madhesh Peace University 79
Madhesh Foundation for Peace and
Development 90
Beginning of Madheshi Glory 91
Appendix:
Email network 96
Preface
Justice is the matrix of coexistence. If out of two biological
children of a parent, one gets more favour and another remains
deprived of parental care then gradual decrease of brotherly
love takes place between them that causes growth of hatred,
which finally brings to fighting between brothers. A similar
happening also happens in national life. When a big portion of
people is marginalized in the country prospective, care and
respect among people gradually diminished, and leads to
disharmony and lack of peace in the country.
Presently, Nepal is also passing through such crisis. Knowing
the fact, the ruling government is not bringing marginalized
Madheshi into the main stream of national life. Maoist –
movement has created abundance of awareness among
marginalized citizens. The collection of emails is a tiny effort to
create consciousness among Nepalese political leaders for
truth and justice with reference to marginalized groups. Words
of Mahatma Gandhi on nonviolence and satyagraha (truth
force) is also included to enlighten fighters for rights.
May God bless Nepal, bless Madhesh.
B P Yadav
Krishna Janmasthami
September 4, 2007/Kathmandu
Introduction
After completing Shanti Ki Khoj, I thought it is time to convert all
electronic emailed letters, which were made from August 2006
to March 2007, while I was working as International United
Nations Volunteer for United Nations Development Programme
Trinidad and Tobago in Port of Spain, into a form of booklet. It
was a coincidence that Professor (Dr) Vishwanath Prasad
Agrawal suggested the same. That was three years ago, when
during web search we found out a web site ‘Democracy in
Nepal’ dedicated to Madheshi issues in Nepal, operated from
United States of America by Mr. Pramendra Bhagat, who had
developed a network of people of similar mission. In June 2006,
Nepal has entered into democratic system with 8 parties’
alliance government. People had new hope. Also, Madheshi
had identical hope for liberation from indirect colonization. It
was a wonderful opportunity to share ideas. Another web site
‘Madheshi United We Stand’ was also publishing abundance
new information. I utilized this oppourtunity to express my
feelings and thoughts with reference to Madheshi issues. I
actively participated through email for the noble cause and call
of discriminated people of half of Nepal.
This booklet is a collection of emails, which were emailed by me
to the people, who were living in the different countries of the
world, but, were deeply concerned with Madheshi
discrimination. These are also available in unedited forms on
internet/blogs/websites: http://madhesi.wordpress.com
(Madhesi-United We Stand), http://demrepubnepal.blogs
pot.com (Democracy For Nepal), and http://human-rights-half-
nepal.blogspot.com (Peace in Nepal). It presents true picture of
the denial of the state of its responsibility towards its half of the
population. It also contains emailed massage of love, ethnic
coexistence, and nonviolence under spirit of
brotherhood/sisterhood. Furthermore, this booklet begins with
guiding words of Mahatma Gandhi on nonviolence, satyagraha
(true force) and peace (not emailed).
I owe a special debt of gratitude to Dr Nilesh Buddha, a young
medical doctor from the land of Mahatma Gandhi- Gujarat,
India, whom I met in Trinidad in 2004. In 2006, while he was
working for Caribbean Epidemiology Centre, Port of Spain
(presently he is working for World Health Organization Sudan);
motivated and encouraged me for mission ‘Madheshi-human
rights’. Also, I am deeply indebted to Mr. Claudio Providas,
Resident Representative, United Nations Development
Programme, Trinidad and Tobago, Surinam, Aruba and
Netherlands, for his guidance and support to make a complaint
regarding Madheshi discrimination to the United Nations Office
of High Commissioner for Human Rights, Geneva (Head
Quarter). Further my special thanks go to Dr Mukesh Prajapati,
who is also from the land of Mahatma, and was working with me
in Port of Spain (presently with World Health Organization
South Sudan) for sharing his valuable insights for the noble
cause.
I am genuinely beholden to all friends/ sisters /brothers of the
email network (list is included as Appendix.), who took pain and
provided her/his valuable time to read my emails and provide
constructive criticisms and encouragement. Without their moral
support it was not possible for me to keep stamina to continue
the process.
I thank Prof Vishwanth Prasad Agrawal and Dr Ram Dev Singh
of Madhesh Peace University, who edited the email letters; and
appreciate their editorial labours and constructive criticism. I
am greatly thankful to my many friends such as Mr. Prakash
Ghimire, Mr. Sham Dev Yogi, Dr Ram Prasad Chaudhury, Dr
Vimal Gupta, Mr. Surenrda Kaji Sindurakar, Mr. Rajkumar
Shrestha, Mr. Prahlad Dahal, Mr. Vikram Mani Tripathi, Mr.
Gopal Thakur, Mr. Dharmendra Jha, Mr. Ram Narayan Dev,
and so many for their assistance and cooperation in bring this
booklet in the present form.
Mahatma Gandhi
According to Hindu philosophy incarnation comes on earth to
serve others and suffer himself, and to show the path of truth
and love to the world. They prove that the spiritual power is
mighty over physical power.
Gandhi Ji, childhood name Mohan Das Karamchand Gandhi,
was born on October 2, 1869 in a well to do Indian family of
Gujarat state. Truth was his friend from very early childhood. He
graduated as barrister from England. He was married with
Kasturba at thirteen years.
In 1893, he was only twenty-three, arrived in South Africa as
attorney to conduct a case for an Indian trading company. Very
soon he realized about life of Indian immigrants, and wrote-“It
has always been a mystery to me how men can feel themselves
honoured by the humiliation of their fellow beings.” At that time,
there he worked ceaselessly to improve the rights of immigrant
Indians, and he developed faith in Satyagraha (truth force)
against injustice. ‘Satyagraha’; that is to say, the force which is
born of truth and love or nonviolence…”
He had lost the power to hate anyone and to lie for material
gain. He was an embodiment of love and truth. He had absolute
faith in God. But, his God was truth, love, nonviolence,
distressed and diseased human being. He appealed for the
living rights of all creations on the earth (not only human being).
Entire life he served others and suffered himself. He served
India with nonviolence and love. As result India became free
from British rule and world learnt the lesson of nonviolence, civil
disobedience, and non cooperation as way for political struggle
as well as living day to day life.
Constructive programmes of social uplift: service to Harijan,
spinning, weaving, and prohibition were equally important for
him as political activities.
Having capability of making lots of money and living a luxurious
life; in practice he lived a life of a poorest Indian either in jail or
in an ashram (hut) in countryside. At the time of death, as he
received bullets, uttered ‘He Ram’, ‘He Ram’ (name of Hindu
God). His heart stopped beating and lungs refused to breath on
January 30, 1948; 5.17 p.m.
The great scientist Albert Einstein was moved to say of Gandhi:
“Generation to come will scarce believe that such a one as this
ever in flesh and blood walked upon this earth.”
Looking at the words and deeds of Mahatma Ji and considering
his attitude and practice towards life and death my mind without
hesitation accept him as an incarnation of the modern age.
Bindeshwar
Krishna Janmasthami (September 4, 2007)
Mahatma’s Words for Common Life
“I have nothing new to teach the world. Truth and nonviolence
are as old as the hills. I have not the shadow of a doubt that
any man or woman can achieve what I have, if he or she would
make the same effort and cultivate the same hope and faith.”
“It is because we have at the present moment everybody
claiming the right of conscience without going through any
discipline whatsoever that there are so many untruths being
delivered to a bewildered world.”
To use the language of Bible, “What shall it avail a man if he
gains the whole world and lose his soul? In modern terms, it is
beneath human dignity to lose one’s individuality and become a
full-blooded, fully developed member of society.”
“A nation that is capable of limitless sacrifice is capable of rising
to limitless heights. The purer the sacrifice the quicker the
progress.”
“Political power means capacity to regulate national life through
national representatives. If national life becomes as perfect as
to become self- regulated, representation becomes
unnecessary. There is then a state of enlightened anarchy. In
such a state everyone is his own ruler. He rules himself in such
a manner that he is never a hindrance to his neighbor. In the
ideal state, therefore, there is no political power because there
is no state. But the ideal is never fully realized in life. Hence the
classical statement of Thoreau that the government is best
which governs least.”
“Government of the people by the people and for the people
cannot be conducted at the bidding of one man, however great
he may be.”
“Good travels at a snail’s pace. Those who want to do good are
not selfish, they are not in a hurry, they know that to impregnate
people with good requires a long time.”
Words for Nonviolence in Politics
“Nonviolence should never be used as a shield for cowardice. It
is a weapon for the brave.”
“I see neither bravery nor sacrifice in destroying life or property
for offence or defence.”
“It is the acid test of nonviolence that in a nonviolent conflict
there is no rancor left behind and, in the end; the enemies are
converted into friends.”
“In this age of the rule of brute force, it is almost impossible for
anyone to believe that anyone else could possibly reject the law
of the final supremacy of brute force. And so I received
anonymous letters advising me that I must not interfere with the
progress of non-cooperation even though popular violence may
break out. Others come to me and, assuming that secretly I
must be plotting violence, inquire when the happy moment for
declaring open violence will arrive. They assure me that the
English will never yield to anything but violence, secret or
open.”
Choice between Cowardice and Violence
“I do believe that where there is only a choice between
cowardice and violence I would advise violence.” Thus when
my eldest son asked me what he should have done, had he
been present when I was almost fatally assaulted in 1908,
whether he should have run away and seen me killed or
whether he should have used his physical force which he could
and wanted to use, and defended me, I told him that it was his
duty to defend me even by using violence. I advocate training in
arms for those who believe in the method of violence. I would
rather have India resort to arms in order to defend her honour
than that she should in a cowardly manner become or remain a
helpless witness to her own dishonour.
Nonviolence is superior to Violence
“I believe that nonviolence is infinitely superior to violence,
forgiveness is more manly than punishment. Forgiveness
adorns a solider. But abstinence is forgiveness only when there
is the power to punish; it is meaningless when it pretends to
proceed from a helpless creature. But I do not believe myself to
be a helpless creature. Only I want to use India’s and strength
for a better purpose.”
“Let me not be misunderstood. Strength does not come from
physical capacity. It comes from an indomitable will. We have
better work to do, a better mission to deliver to the world.”
“Nonviolence is the law of our species as violence is the law of
the brute. The spirit lies dormant in the brute and he knows no
law but that of physical might. The dignity of man requires
obedience to a higher law – to the strength of the spirit.”
“The rishis who discovered the law of nonviolence in the midst
of violence were greater geniuses than Newton. They were
themselves greater warriors than Wellington. Although
knowledgeable in the use of arms, they realized their
uselessness and taught a weary world that its salvation lay not
through violence but through nonviolence.”
“Nonviolence in its dynamic condition means conscious
suffering.”
“I am not pleading for India to practice nonviolence because
she is weak. I want her to practice nonviolence being conscious
of her strength and power. I want India to recognize that she
has a soul that cannot perish and that can rise triumphant
above every physical weakness and defy the physical
combination of a whole world.”
If India takes up the doctrine of the sword, she may gain
momentary victory then India will cease to be the pride of my
heart. I believe absolutely that she has a mission for the world.
“The force of nonviolence is infinitely more wonderful and subtle
than the material forces of nature, like electricity.”
“The force generated by nonviolence is infinitely greater than
the force of all the arms invented by man’s ingenuity.”
“Nonviolence is the greatest force at the disposal of mankind. It
is mightier than the mightiest weapon of destruction devised by
the ingenuity of man”
“Strength of number is the delight of the timid. The valiant in
spirit glory in fighting alone.”
“Nonviolence succeeds only when we have a real living faith in
God.”
“Nonviolence means courage of the highest order and therefore
readiness to suffer. There should therefore be no yielding to
bulling, bluff or worse, even though it may mean the loss of a
few precious lives.
Goondaism as a disease
Writers of threatening letters should be made to realize that
their threats will not be listened to. But at the same time their
disease must be diagnosed and properly treated. Even the
goondas are part of us and therefore they must be handled
gently and sympathetically. People generally do not take to
goondaism for the love of it. It is a symptom of a deeper-seated
disease in the body politic. The same law should govern our
relations with internal goondaism in the system of government.
And if we have felt that we have ability to deal with that highly
organized goondaism in a nonviolent manner how much more
should we feel the ability to deal with internal goondaism by the
same method?
Soul force or Brute force
“To me, on the day when brute force gains ascendancy in India
all distinction of East and West, of ancient and modern, will
disappear. That day will be the day of my test. I take pride in
looking upon India as my country because I believe that she
has it in her to demonstrate to the world the supremacy of soul-
force. When India accepts the supremacy of brute force, I
should no longer be happy to call her my motherland. It is my
belief that my dharma recognizes no limits of spheres of duty or
of geographical boundaries. I pray to God that I may then be
able to prove that my dharma takes no thought of my person or
is not restricted to a particular field.”
“There is no question of the mouse forgiving the cat. It will be
evidence of India’s soul-force only if she refuses to fight when
she has the strength to do so. It is necessary to understand
what the phrase ‘strength to fight’ means in this context. It does
not mean only physical strength. Everyone who has courage in
him can have the strength to fight, and everyone who has given
up fear of death has such strength. I have seen sturdy Negroes
cowering before white boys, because they were afraid of the
white man’s revolver. I have also seen weaklings hold out
against robust persons. Thus, the day India gives up fear we
shall be able to say that she has strength to fight. It is not at all
true to say that, to be able to fight, it is essential to acquire the
ability to use arms; the moment, therefore, a man wakes up to
the power of the soul, that very moment he comes to know the
strength he has for fighting. That is why I believe that he is the
true warrior who does not die killing but who has mastered the
mantra of living by dying.
“The sages who discovered the never-failing law of nonviolence
were themselves great warriors. When they discovered the
ignoble nature of armed strength and realized the true nature of
man, they discerned the law of nonviolence pervading this
world all full of violence. They then taught us that the atman
(soul) can conquer the whole world, that the greatest danger to
the atman comes from itself and that conquest over it brings us
the strength to conquer the entire world.”
“We are constantly being astonished these days at the amazing
discoveries in the field of violence. But I maintain that far more
undreamt of and seemingly impossible discoveries will be made
in the field of nonviolence.
“We have to make truth and nonviolence not matters for mere
individual practice but for practice by groups and communities
and nations. That at any rate is my dream. I shall live and die in
trying to realize it. My faith helps me to discover new truths
every day.”
His Words for Satyagraha
Satyagraha means. “Truth (Satya) implies love, and Firmness
(agraha) engenders and therefore serves as a synonym for
‘truth force’. I thus began to call the Indian movement
‘Satyagraha’; that is to say, the force which is born of truth and
love or nonviolence…”
“That is the beauty of satyagraha. It comes up to oneself; one
has not to go out in search for it.”
“Avoidance of all relationships with the opposing power can
never be a satyagrahi’s object, but transformation or purification
of that relationship.”
“It (Satyagraha) is a force that may be used by individuals as
well as by communities. It may be used as well in political as in
domestic affairs. Its universal applicability is a demonstration of
its permanence and invincibility. It can be used alike by men,
women and children. It is totally untrue to say that it is a force to
be used only by the weak so long as they are not capable of
meeting violence by violence.”
Words for Peace
“The way of peace is the way of truth. Truthfulness is even
more important than peacefulness. Indeed, lying is the mother
of violence.”
“The better mind of the world desires today not absolutely
independent states warring one against another, but a
federation of friendly interdependent states.”
“If the mad race for armaments continues it is bound to result in
a slaughter such as has never occurred in history. If there is a
victor left the very victory will be a living death for the nation that
emerges victorious.”
“It may be long before the law of love will be recognized in
internal affairs. The machineries of governments stand between
and hide the hearts of one people from those of another.”
“I have found that the life persists in the midst of destruction
and therefore there must be a higher law than that of
destruction. Only under that law would a well-ordered society
be intelligible and life worth living.”
“If we are to reach real peace in this world and if we are to
carry on a real war against war, we shall have to begin with
children; and if they grow up in their natural innocence, we
won’t have to struggle; we won’t have to pass fruitless idle
resolutions, but we shall go from love to love and peace to
peace, until at last all the corners of the world are covered with
peace and love for which consciously or unconsciously the
whole world is hungering.”
August 15, 2006
Madhesh as a Colony in Nepal
– Dr Bindeshwar Prasad Yadav
If definition for colonism is:
A policy by which a nation maintains or extends its control over
foreign dependencies. Control by one power over a dependent
area or people. The purposes of colonialism include economic
exploitation of the colony's natural resources, creation of new
markets for the colonizer, and extension of the colonizer's way
of life beyond its national borders.
Colonialism is the extension of a nation's sovereignty over
territory beyond its borders by the establishment of either settler
colonies or administrative dependencies in which indigenous
populations are directly ruled or displaced.
Colonizers generally dominate the resources, labor, and
markets of the colonial territory and may also impose socio-
cultural, religious and linguistic structures on the conquered
population. The term colonialism also refers to a set of beliefs
used to legitimize or promote this system, especially the
ethnocentric belief that the mores of the colonizer are superior
to those of the colonized. Such beliefs are often a form of
racism.
About Madhesh in Nepal following are facts:
Before 1813 (AD) Madhesh was a group of independent states.
Gorkha kings won several small sovereign states including
Madhesh and cleverly colonized Madhesh-states under name
of unification of Nepal.
Followings are evidences of colonization of Madhesh:
Sovereignty of Madhesh was finished. It was controlled by the
policy of king. Colonizers had have dominated over the
resources of Madhesh. Hilly cultural and Nepali language were
imposed on indigenous socio- cultural structure and languages
(Bhojpuri, Maithili, Awadhi, Hindi etc languages of Madhesh).
The original name of ‘Madhesh’ was changed by the ruler
(colonizer) to ‘Terai’. It was totally against the consciousness of
the indigenous Madhesh population.
Concept of superior and inferior was brought in practice. Hill
dwellers are far superior, and Madheshi are very inferior.
Hill dwellers are administrators over existing sizeable native
populations (Madheshi). They used force to control. If anybody,
who ventured to raise the voice for justice, was killed; and his
family was ruined.
In several parts of Madhesh, hill dwellers migrated and
displaced the indigenous populations.
For Madheshi to travel inside the country visa provision was
mandatory. To work in own country they had take work permit.
Date: August 30, 2006
Separatism or Freedom
– Dr. Bindeshwar Prasad Yadav
(It is a comment on the article titled “POLITICS-NEPAL: Now
Ethnic Separatism” published on website: http://madhesi.word
press.com)
Summary
Time is writing the history of Madhesh, which is ancient
land with indigenous population. It is truth that Madheshi
are treated as second class citizens in Nepal. They are
miserably marginalized at policy making, implementations
and administrations level. Also, similar discrepancy is in
the judiciary system. Millions of Madheshi are without
citizenship, and their culture and language are eroded. The
land is being occupied by non- Madheshi. Several are
forcibly displaced against the United Nations convention.
In the past, they have faced the problem of ‘work permit’
and visa provision to travel in the different part of the
country. They have completely lost their identity.
Examination of the Government’s attitude and act, in the
light of “United Nations Convention (No. 169) concerning
Indigenous and Tribal peoples in Independent Countries”
reveals that the Government has been violating following
articles: 2.1, 2.2©, 3.1, 4.3, 6(b), 6(C), 7.1, 14.2, 16.1, 17.3,
18, 20.2, 26, 28.1, 28.3, 31, 32.
In recent past twenty years Government has changed several
times, but no rule has addressed their problems. Madheshi
want true unification in the spirit of equity and justices, with
dignity and identity, and with no attitude and act of superiority,
and discrimination. United Nations supports quick end of
colonization and freedom for colonized countries.
Description
The Madhesh is holy land of Lord Buddha (the light of Asia),
King Janak and divine mother Sita. The Madheshi are great
offspring of great ancient ancestors. It is truth that Madheshi in
Nepal are treated as second class citizens. In own country,
millions Madheshi are stateless (without citizenship), it is not
found anywhere else in the world. Madheshi culture and
language are eroded. The name of the land “Madhesh” is
changed to “Terai.” The land of indigenous Madheshi is forcibly
occupied by other group of people under strategic planning of
the government. In this process, non-Madheshi captured the
land of indigenous helpless people. Few decades ago, they
also faced the problem of ‘work permit’. Since the time of
conquered non-Madheshi military force are on the land of
Madhesh. They have completely lost their identity. Are these all
not the evidences of fake unification and hidden colonization?
Examination of the Government’s attitude and act, in light of
“United Nations Convention (No. 169) concerning Indigenous
and Tribal peoples in Independent Countries” reveals that the
Government has been violating Article 2.1, 2.2©, 3.1, 4.3, 6(b),
6(C), 7.1, 14.2, 16.1, 17.3, 18, 20.2, 26, 28.1, 28.3, 31, 32.
Let’s see United Nation’s definition for Indigenous People
Article 1 (b)
People in independent countries who are regarded as
indigenous on account of their descent from the populations
which inhabited the country, or a geographical region to which
the country belongs, at the time of conquest or colonization or
the establishment of present state boundaries and who,
irrespective of their legal status, retain some or all of their own
social, economic, cultural and political institutions.
Violated articles are:
Article 2.1.
Governments shall have the responsibility for developing, with
the participation of the peoples concerned, co-coordinated and
systematic action to protect the rights of these peoples and to
guarantee respect for their integrity.
Article 2.2 ©
Assisting the members of the peoples concerned to eliminate socio-
economic gaps that may exist between indigenous and other members
of the national community, in a manner compatible with their
aspirations and ways of life.
Article 3.1.
Indigenous and tribal peoples shall enjoy the full measure of
human rights and fundamental freedoms without hindrance or
discrimination. The provisions of the Convention shall be
applied without discrimination to male and female members of
these peoples.
Article 4.3.
Enjoyment of the general rights of citizenship, without
discrimination, shall not be prejudiced in any way by such
special measures.
Article 6 (b)
Establish means by which these peoples can freely participate,
to at least the same extent as other sectors of the population, at
all levels of decision-making in elective institutions and
administrative and other bodies responsible for policies and
programmes which concern them;
Article 6 ©
Establish means for full development of these peoples’ own
institutions and initiatives, and in appropriate cases provide the
resources necessary for this purpose.
Article 7. 1.
The peoples concerned shall have the right to decide their own
priorities for the process of development as it affects their lives,
beliefs, institutions and spiritual well-being and the lands they
occupy or otherwise use, and to exercise control, to the extent
possible, over their own economic, social and cultural
development. In addition, they shall participate in the
formulation, implementation and evaluation of plans and
programmes for national and regional development which may
affect them directly.
Article 14.2.
Governments shall take steps as necessary to identify the lands
which the peoples concerned traditionally occupy, and to
guarantee effective protection of their rights of ownership and
possession.
Article 16.1.
Subject to the following paragraphs of this Article, the peoples
concerned shall not be removed from the lands which they
occupy.
Article 17.3.
Persons not belonging to these peoples shall be prevented from
taking advantage of their customs or lack of understanding of
the laws on the part of their members to secure the ownership,
possession or use of land belonging to them.
Article18.
Adequate penalties shall be established by law for unauthorized
intrusion upon, or use of, the lands of the peoples concerned,
and governments shall take measures to prevent such
offences.
Article 20.2.
Governments shall do everything possible to prevent any
discrimination between workers belonging to the peoples
concerned and other workers, in particular as regards:
(a) Admission to employment, including skilled
employment, as well as measures for promotion and
advancement;
Article 26.
Measures shall be taken to ensure that members of the peoples
concerned have the opportunity to acquire education at all
levels on at least an equal footing with the rest of the national
community.
Article 28. 1.
Children belonging to the peoples concerned shall, wherever
practicable, be taught to read and write in their own indigenous
languages or in the language most commonly used by the
people to whom they belong. When this is not practicable, the
competent authorities shall undertake consultations with these
peoples with a view to adoption of measures to achieve this
objective.
Article 28.3.
Measures shall be taken to preserve and promote the
development and practice of the indigenous languages of the
peoples concerned.
Article 31.
Educational measures shall be taken among all sections of the
national community, and particularly among those that are in
most direct contact with the peoples concerned, with the object
of eliminating prejudices that they may harbour in respect of
these peoples. To this end, efforts shall be made to ensure that
history textbooks and other educational materials provide a fair,
accurate and informative portrayal of these societies and
cultures of these peoples.
Article 32.
Governments shall take appropriate measures, including by
means of international agreements, to facilitate contacts and
co-operation between indigenous and tribal peoples across
borders, including activities in the economic, social, cultural,
spiritual and environmental fields.
Madheshis don’t want separation. They want true unification in
the spirit of equity and justice, with dignity and identity.
How long will they be in this world like living cadavers?
However, we feel Madheshi human rights fighters should not
resort to the use of weapon. At the time of globalization,
emigration has become a phenomenon. In Madhesh, good hill
dwellers will be accepted; however those who are agents of
discrimination, exploitation are certainly not acceptable. Even a
king having such attitude is not acceptable, what to talk of
others.
In fact the Madhesh has availed full human rights. The time
has done it. Human rights defenders are just means. For
true unification the government must grant autonomy to
Madhesh within Nepal:
i. Undivided Madhesh state,
ii. Madheshi youths in Madhesh barracks, Chief District
Officers, Superintendent of Police, and Chiefs of the other
Madhesh offices; and
iii. Proportional representation in every sector of the country.
May God bless Nepal? May God bless Madhesh?
September 1, 2006
Time to Test
– Dr. Bindeshwar Prasad Yadav
(It is a thought on political assurance to Madheshi.
Following is the publication on the websites:)
“Expressing sadness over the fact that Madhesis are living
like second class citizens in the country despite being an
indigenous group, he said, “Our party started the campaign
of liberating Madhesis, and making them masters of the state
right from the first year of the people’s war.”
-Maoist chairman Prachanda Source: eKantipur.com
http://www.kantipuronline.com/kolnews.php?&nid=80143
Summary
Madheshi should keep marching towards the goal; the goal
of Political, Defense, Administrative, Economical, Cultural,
Social and Language independence within the boundary of
Nepal, where, in practice, equal opportunity for
employment, representation and justice should be
available to all. Unified Madhesh state is acceptable. Being
link tongue for millions of Madheshis, Hindi should be
second language. To date, for Madhesh and Madheshi
democracy is a dream.
Comment:
Statements appear to sound very good and attractive as well.
Here, the concern is: whether the statement would transform
into action?
Prevailing Political Reality
Several top politicians have recorded their names in the modern
history of Nepal. But all (including democratic) Governments
have ignored the Madhesh and Madheshi. Ex Prime Ministers
speak about the agony and suffering of Madheshi, but what did
they do when they had responsibility to realize and the power to
perform? Nothing! For Madhesh and Madheshi till date,
democracy is a dream.
Proposed state boundary-
Proposed division of Madhesh raises doubts in the peoples’
mind. Is this division motivated by divide and rule policy?”
Division among Madheshi reminds us the division of family
property between two brothers. The poor mother (the wife) lives
with one brother, and the powerless father (the husband) lives
with other brother. Just for bread, both old heads are compelled
to kill their life-long emotional attachment; they spend day and
night with unheard cry of their souls. Similarly, such proposed
state boundaries, will cause negative impact on Madheshi
population. We hope that the boundary of Madhesh state will be
according to people consciousness.
In Surinam, Hindi is second national language while Dutch is
the first language. In Trinidad and Tobago, people proudly
speak Hindi and Bhojpuri. However, English is the national
language. The government and African Trinidadian have no
objection. In south India most people don’t know Hindi, they are
doctors, engineers, and other professionals; still they are good
Indians. We all know in Madhesh, there are several mother-
tongues; and Hindi is the only link language over ten million
population. Does it harm Nepalese national integrity, if Hindi is
accepted as a second language? Asking to make Hindi as a
second national language, does not mean Madheshi are not as
responsible as the non-Madheshi Nepalese citizens.
Should Madheshi be dependent?
We feel Madheshi should neither approve nor disapprove any
promise from any leader; they should see the act and match
with the promises. It is time to test. But, don’t wait and watch.
Keep marching towards the goal: goal of Political, Defense,
Administrative, Economical, Cultural, Social, and Language
independence within the boundary of Nepal, where, in practice,
equal opportunity for employment, representation and justice
should be available to all. Unified Madhesh state is acceptable.
Being link tongue for millions of Madheshi, Hindi should be
second language. To date, for Madhesh and Madheshi
democracy is a dream.
At the same time, special opportunity should be created for
back log Madheshi to bring them into the main development
stream of the nation. We all must bear in mind; it is an outlook
for true human independence, not to create a separate nation
outside Nepal. Madheshi must remember that only Madheshi,
no one else, can transform their fate and future!
Bitter Truth
To be free from discrimination and being able to enjoy full
human rights inside the united Nepal. Madheshi should
demonstrate absolute will power, power to sacrifice, and only
then, they will be able, in reality, to be integrated with the
remaining population of Nepal. Because integrity and respect,
brotherhood and friendship are possible only between equals.
December 14, 2006
The Human Rights of
Half of the People of Nepal
What is Madhesh
• The southern part of Nepal, from East to West, along
the Indian boarder, plain land is known as Madhesh,
also called Terai.
• Its Indigenous population is called Madheshi, and they
constitute approximately half of the population of Nepal.
They resemble Indians in physical appearance and
culturally similar.
• There were several small sovereign states in Madhesh;
and in 1813, the king of Nepal, who was neighbour,
conquered Madhesh, and called unification of Nepal.
What is the problem
• In fact, under the coverage of unification, rulers
started unseen colonization of Madhesh and
Madheshi. Almost all, in every district of Madhesh,
armed forces, who are non-Madheshi are in barracks;
and similar in civil administration.
• Madheshis are victim of racial discrimination. Millions
of them are victim of denial of citizenship. Their
languages and culture are eroded. They are extremely
marginalized from the main stream of the
development of the nation; and from participation in
the state affairs and institutions.
• Hill dwellers (non Madheshi), according to planned
strategies of the rulers, have been migrated in the
Madhesh region. This migration has created political,
social, cultural, economic imbalance in the Madhesh.
What activities are going on
• People are demanding end of discrimination, initiation
of true unification, proportional participation in state
affairs and institutions and to join the main stream of
national development.
• Madhesh as a state within Nepal (it may be United
States of Nepal), to promote development, culture,
language etc; and to eliminate discrimination.
• In the lack of positive response from the present
government, some outfits are demanding complete
liberation of Madhesh. It is leading to a serious threat
for restoration of peace in Nepal.
What can we do
• Explore the truth independently through Internet
available evidences and from the field. (Must avoid
biased sources of information).
• Suggest the government and the prominent political
parties to provide justice, proportional representation in
the state affairs and institutions; or liberate to them, who
can make their destiny.
• Your support: Moral, Technical etc for the truth and
justice to promote peace.
February 12, 2007
Towards True Integration of Nepal
(In prospective of human rights and peace)
– Bindeshwar Prasad Yadav
With reference to present situation in Nepal I think it is valuable
to quote ancient Sanskrit sloka from Vedas given to humanity
thousand of years ago:
“Na karmana na prajaya, dhanena, athyagenaike amrutatwa
manshu.” (Not by action, not by progeny, not by wealth, but by
sacrifice alone can immortality be achieved.)
The massage is “What can’t be achieved by action, wealth and
progeny, can be achieved through sacrifice.” In other words,
unachievable can be achieved through sacrifice. Today, only
sacrifice can solve the problem of Nepal and Nepalese.
Secret of integration of Nepal lies in sacrifice of national
leaders. Are national leaders and palace ready to sacrifice?
Prime Minister’s statement on February 7, 2007 is a beginning
step towards real integration. We hope that social and political
justice will grow without hindrances. As we have decided to go
forward for justice and peaceful coexistence. Therefore, it is
needed to see the gaps and to work to fill it up. Following are
major existing gaps that need to be addressed gradually for
long lasting peace in the country.
Major Existing Gaps needed to be addressed
1. Madheshi population
Fig. 1. Contribution of Madheshis in the Population
of Nepal
33.00%
67.00%
Madheshis
Non Madheshis
Fig.1A. Contribution of Madheshis in the
Population of Nepal
45.00%
55.00%
Madheshis
Non Madheshis
Madheshis make up 33-45% of Nepal’s population of 27 million,
but are seriously underrepresented in the government. The
figure itself speaks the discriminatory and exploitive attitude and
activities of the Nepal government.
2. Madheshi in Civil Services
Fig. 2. Madheshis representation in
Civil service of Nepal in Year 1991
8.40%
91.60%
Madheshis
Non Madheshis
In spite of 33 % to 45% population contribution, in the
government civil service Madheshi is only 8.4 % in 1991. Nepal
Public Service Commission report revealed that only one
Madheshi in the list of 77 persons was recruited for the post of
Section Officer. One from hill-janjati and one Madheshi are in
the period of multi party democracy. The administration and civil
service sector is composed of 85 percent Bahun, 9 percent
Chhetris and 2.6 percent Newars.
3. Madheshi in International Organizations in the country
as national staff
Fig. 3. Less representation of Madheshi even in International
Organizations in Nepal in Yr 2001 (Total no. 767)
15.80%
79.20%
5% International Staff
National Non
Madheshi
National Madheshis
33
67
6
94
7
93
0
20
40
60
80
100
%
Population Working for
organizations
Working in
projects
Fig. 4. Involvement of Madheshis and Non Madheshi as National Staffs in
International Organizations & Projects in 2001
Madheshis
Non Madheshi
As national staff in international organizations Madheshi are
marginalized (Fig. 3 & 4).
4. Madheshi on higher positions in the government
institutions
0 0 0 0 0
33
100100100100100
67
0
50
100
Fig.5. ZERO Representation from Madheshis Community
Chiefs of Constitutional
Bodies
Vice-Chancellor Universities
Vice-Chancellor Academies
Chief of Security Forces
Chief of Govt. Information
Agencies
Population
3
97
9
91
7
93
33
67
0
20
40
60
80
100
%
Secretary/ Regional
Administrators
Dept. Heads of the
Government
Chief of
Govt.Corporations/
Committees
Population
Fig.6. Madheshis as High Officials at Government Posts
Madheshis
Pahadis
Fig 5 shows zero representation, and fig 6 shows negligible
share of Madheshi
5. Madheshi participation in the constitutional bodies of the
country
12.5
87.5
10.5
89.5
17
83
20
80
33
67
0
10
20
30
40
50
60
70
80
90
%
Royal Standing
Committee
Members of
Constitutional
Bodies
National
Planning
Commission
Heads of
Parliamentary
Bodies &
Committee
Population
Fig. 7. Madheshis Participation in Constitutional Bodies
Madheshis
Non Madheshi
Fig. 8. Madheshis representation in
Ambassadors/Consulate Generals
4.30%
95.70%
Madheshis
Non Madheshi
6. Madheshi in Judiciary System
67
33
100
0
94
6
88
12
83
17
90
10
0
10
20
30
40
50
60
70
80
90
100
%
Supreme
Court
justices
Chief
Justice in
Appeal
Courts
Judges of
Appeal
Courts
Judges of
District
Courts
First Class
Officers
Population
Fig. 9. Madheshis in Judiciary service in 2001
Madheshis
Non Madheshi
As first class officer no one is from Madheshi community; and
judges are few. How will a Madheshi get justice in Nepal?
7. Madheshi in Government media
100
0
100
0
100
0
89
11
92
8
0
10
20
30
40
50
60
70
80
90
100
%
Press Council Radio Nepal Gorakhapatra Nepal Television Rastriya Samachar
Samiti
Fig. 10. Madheshis Representation in Government Media
Madheshis
Non Madheshi
In most wings of media Madheshi is not welcomed. Who will
hear their voice?
8. Madheshi in Policy Making
Fig. 11. Falling Trend of Madheshis Representation in
National Legislature from Year 1959 - 1999
22
18.5 19.6
17.4
0
5
10
15
20
25
1959 1981 1991 1999
Representationin%
Madheshis
Over 40 years experiences demonstrate that Madheshi
representation is decline in the national legislature assembly.
Who will make welfare policy for them?
23
90
3
21
10
59
1
19
47
010
20
40
60
80
100
120
Parties in Houses
NC LH NC UH UML LH UML UH RPP LH RPP UH
Fig.12. Madheshis Vs Non Madheshi Representation in
Upper & lower House
Non Madheshi
Madhdeshi
23
90
3
21
10
59
1
19
4
7
0
1
0%
50%
100%
NC
LH
NC
UH
UML
LH
UML
UH
RPP
LH
RPP
UH
Fig. 13. Madheshis Significantly in lower number from all
parties in upper house
Non Madheshi
Madhdeshi
9. Madheshi representation in central committee of major
political parties
8
92
6
94
17
83
2
98
33
63
0
20
40
60
80
100
Nepali
Congress
Communist
Party (UML)
Nepali
Congress
Democratic
Jan Morcha
Nepal
Population
Fig. 14. Madheshis Representation in Central Committee of Major
Political Parties, 2006
Madheshis
Non Madheshi
Discrimination and suppression with Madheshi in political
parties.
10. Continued discrimination and exploitation in both
systems
33
67
15.2
84.8
0
20
40
60
80
100
Population Cabinet Ministers
Fig. 15. Madheshis shares in population and Cabinet
Ministeries in Nepal (1951-2005)
Madheshis
Non Madheshi
13
87
18.9
81.1
33
67
0
20
40
60
80
100
%
King resigm Democratic Population
Fig. 16. Madheshis representation in Cabinet Ministry
in King's & Democratic resigms in Nepal
Madheshis
Non Madheshi
13
19
8 7.5
4
0
2.6
0
0
5
10
15
20
(%)
Ministers in
Cabinet
Members
Planning
Commission
Women as
Ministers
Home Minister
Fig. 17.Comparision of Madheshis Representation in King's & Democratic
resigms
King resigm
Democratic
Democratic government has shown greater level of cruelty than
king –regime with reference to Madheshi as Home Minister and
Madheshi- women as Minister.
11. Absence of Madheshi in Nepal Army
Fig. 18. Complete abscence of Madheshi
in Nepal Army
0%
100%
Madheshi
Non Madheshi
Madhesh land is full of Nepal Army barracks, but there is none
of the Madheshi as army officer in armed force. Some are
cleaner, cook and similar. It presents living evidence of indirect
colonization of Madheshi/Madhesh in Nepal.
Frequently, government speaks of ‘inability of Madheshi youths
as army officer’; and presents ‘absence of these young men in
British and Indian army’ as example. Careful analysis revels
that it is not true. British and Indian governments take
foreigners in their armed forces as their need. Simply, it is
based upon principle of purchaser’s need. These governments
have youths like Madheshi, and are deprived of men like
Gurkha. Therefore, it is injustice to say that Madheshi is not
able for service in armed forces. Here, the objective is to serve
motherland. Every child irrespective of physical and mental
status has equal right for the love of the mother.
Possible hurdles
Evidences are available in history that disintegration of country
happens due to power lust of national leaders. Division of great
India into Hindustan (India) and Pakistan happened, because
Pandit Jawahar Lal Nehru (first Prime Minister of free India), as
well as, Mr. Quaid-i-Azam Jinnah (first President of Pakistan),
wanted to be the Prime Minister of undivided India. Division of
the United States of Soviet Russia (USSR) is another example.
In context of present Nepal, there are many power-ambitious
leaders that create threat on national integrity. Again I would
like to say, “Secret of national unity lies in sacrifice.” Are
national leaders and palace ready to sacrifice?
Do we think? Why did Gandhi, a child of well to do family and
England trained barrister, gave up everything? He did with great
pleasures to make India free. Several leaders, around the
world, such as Nelson Mandela, Martin Luther King have
practiced life of sacrifice for their country and countrymen. Now
is a test time for Nepalese leaders.
How great Nepal is!
A combined plain land, hills and himal (Himalayan range) is
truly great. How great are - Snowfall of Jumla, natural beauty of
Bajura, way through Humla to Mansarovar and Kailash, and
holiness of Khaptar and blessing of Lord Pashupatinath etc!
Remembrance of these events, even today, creates a romance
in my consciousness.
References (Sources of data):
1. Ahiraj. Madhesh Vani. 2006.
2. Dhungel D.N. The Nepalese administrative system in
contemporary Nepal. 2005.
3. HMG. Nyaya Parishad Bulletin, Nayaya Parishad
Secretariat, December 18, 2001.
4. Mehta D. Democracy is incompatible with the
concentration of power. 2005.
5. NPC, HMG. Short description of the organization of
National Planning Commission, Singha Darbar. 2040 B.S.
6. Parliament of Nepal. Parliament Secretariat records, Singha
Durbar, Nepal, 1999.
7. Rana P. Nepal’s Fourth Plan: A Critique. Yeti Pocket Book
Ltd. 1971.
8. Risal B., Risal R.M. Nepal ka Mantriharu (2007 to 2061
B.S.). Jestha 2061 B.S.
9. Shah S.G. Social inclusion of Madheshi community in
nation building. 2006.
10. Singh A. Restructuring of Nepali State: A Madheshi
Perspective. 2003.
11. UNDP. Nepal. Directory of United Nations and its related
Specialized Agencies in Nepal. 2001.
12. Yadav R.P. Caste/Ethnic representation in His Majesty’s
Government at policy level in Nepal. 2005.
Date: September 7, 2006
Restructuring of the State
(Rejoinder)
– Dr Bindeshwar Prasad Yadav
Summary
There are evidences to support restructure of states based on
ethnicity, language, and geographic region. Basically the
madhesh revolution is against injustice. In the spirit of the time;
let the people do restructuring of the state according to their
own conscience. Let’s create “United States of Nepal”. For
perpetual peace we must stop ‘Negative use of Intelligence and
Power’. Let our inner being guide us all.
Background
The political leaders of Nepal have agreed to have a federal
system of government. It has brought a series of discussions
about number of states and boundary of the states. In the
context of present Nepali political discourse several doubts are
arising in sensitive minds. Such as, autonomous states might
cause disintegration of the country.
Let’s have a look at the evolution of politics. Monarchy system
has failed due to its own demerits: demerits of not discharging
its honest duty towards the subjects, and ruling the nation not
according to the principles. The monarch or king, who had all
the three principle powers of the states: legislature, executive
and judiciary, had moral duty to serve the people. But they
became selfish and suppressor on the people. As
consequences, the bond between the king and the subjects
became weak. This change in the paradigm of the state
administration invited revolution.
It is possible for political scientist to suggest, “The state cannot
be structured principally on the basis of fault lines (such as
ethnicity, religion, population and even geography to some
extent) which pose substantial threat to national unity in the
event of mismanagement”.
In these lines political science is just providing a theoretical
principle for national integrity, but at the same time it is
indicating towards the inability and ineffectiveness of the
administration.
Evidences from History
There are evidences to support restructure of states based on
ethnicity, language, region, and population. Before the British-
empire, in India, there were approximately four hundred
sovereign states those were headed by kings/monarchs. When
the kings left the serving subjects, and started serving
themselves. Consequently, the subjects rejected them. The
creation of Pakistan on the map of the world is based on the
religion. Furthermore, the division of Pakistan, and creation of
Bangladesh is language and geography based. Discriminative
administration of West Pakistan (presently Pakistan) towards
the people of East Pakistan (presently, Bangladesh) was the
revolution -igniting factor. In the recent years, within the Indian
national boundary, several states are restructured. Therefore,
new states have come into existence: such as Jharkhand state
from Bihar state; Uttaranchal from Uttar Pradesh; and
Chhatishgadh from Madhya Pradesh. These are evidences of
creation of ethnicity cum geography based states. Thus, in the
present context of Nepal, it is totally baseless to say that
ethnicity, religion, population and geography should not be the
basis of state restructure.
Identity is human right. Trinidad and Tobago, a twin islands, a
sovereign country, in which Tobago has fifty four thousand
population and 41 by 14 kilometer area; where as Trinidad has
population of 1.2 million and land area of 80 by 60 kilometer.
The importance of identity can be seen with the name of nation
“Trinidad and Tobago”. Newly formed Indian state,
‘Chhatisgadh’ indicates a union of thirty six (Chhatis in Hindi)
states, which were in existence in earlier time. Without identity
man is nothing, but a mass of flesh, bones and blood. If
someone’s identity is grabbed; it is quite natural that at every
possible forum, he/she will try to get it back. Is it not a reality,
millions Madheshi are without identity in present Nepal?
The demand of autonomous states in Nepal by people is
scientifically sound, and evidence- based. It is based on two
principles of life:
The first is “Every action has opposite and equal reaction.”
This principle of physical science is also applied in the human
life. If we have not realized it then we need to do it.
A second principle is: “What you sow, so you reap”.
What is happening today in Nepal is reaction of the past action.
Evidence based state restructure
We must accept the reality. Overall the interpretation of an
event largely depends upon the observer’s mind. How does he
articulate his own reasoning? Some people see a glass half full,
while other see half empty. In both circumstances, the truth is
the same. Positive minds see positive aspect that is fullness of
the glass, and express joy and hope; while negative minds see
the negative aspect that is emptiness of the glass, and project
sadness and hopelessness.
A holistic view of Nepal spontaneously revels that it had the
body of a state, and the mind and spirit of an enterprise. It has
all the three organs of a state – the legislature, the executive
and the judiciary system. These represent the body of the state.
But the administration was not based on the legislative laws;
and furthermore, the judiciary was not independent for the
people purpose. Therefore, the state had lost the spirit and the
thinking regarding welfare of its people. It had projected as a
state and behaved as an enterprise.
Our mind doesn’t digest the idea, “That said we just cannot
restructure the state for a particular class, ethnic group, religion,
region or language, which will prove suicidal in the long run.”
We feel that the present situation is very serious. Nepal can’t
afford to act on this idea. The implementation of this thought
will be proved immediate suicidal for the nation. No time to wait
for long. It is like refusal of medication in the fear of side effects,
and being unaware that the disease will kill in the absence of
medication.
State as per people’s consciousness
In the spirit of time, the only best possible solution for the
restructuring of the states is let the people decide according to
their conscience, even it based on ethnicity, language, region
and population. It will finally lead to democratic process.
Use of force for consolidation of a country is no longer desirable
in modern time. People have right to go back to the history and
regain the shape of their states as those were before they were
conquered. The fact is; in spite of all injustice and deceive,
suffering and agony, people want to remain united; but with
identity and real unity based on truth, justice and human rights.
We like to suggest:
In the spirit of the time:
• Let the people do the restructuring of the state as per
their conscience.
• Impose responsibility on them to demonstrate the
mechanism for maintain inter states; and state -center
cordial and professional relations.
• They should also develop strategies and guidelines to
show a strong national bond.
Let’s create “United States of Nepal”.
Ruling class knows very well that the present state
administration is not pro-public. It does not have maximum
people participation and representation, which is the essential
requirement for peace in the state. During the period of
Madheshi –movement none has tried to correct, even though all
forces were engaged to suppress the people’s movement.
Negative use of Intelligence
Common Nepalese are great and trustworthy. Do the people,
who are leading the nation, poses the same character? Self
evaluation of weakness and strength must have high priority for
top national position occupying personnel. For perpetual peace
we must stop ‘negative use of intelligence and armed force.
Engineering of untruth (deceive) and injustice are always
harmful. In addition, we begin soul- searching.
Date: November 25, 2006
Thoughts for Madhesh State (Rebuttal I)
– Dr Bindeshwar Prasad Yadav
(Our one friend has proposed Koshi, Gandaki and Karnali
states. He also proposes double digit economic growth for the
country. This rebuttal is response to this proposal)
With reference to profession, I am not a politician. I am a human
rights defender and lover of human dignity and peace.
My simple mind says followings:
(A) Proposed 3 states are Koshi, Gandaki and Karnali.
Each state is comprised of terai, hills and mountain
districts. It is a copy of Anchal in old system.
1. It will obstruct overall development of Madhesh.
2. It will also decrease employment opportunity for
Madheshi youths.
3. It will never allow Madhesh and Madheshi - identity to
foster.
Therefore, it is NOT ACCEPTABLE.
We propose Madhesh state comprising pure terai districts
(without hills and mountain districts). It provides:
1. guarantees overall development of Madhesh and
Madheshi,
2. brings recognition and identity
3. Provide opportunity for sharing of political power.
(B) Double digit economic growth of a country does not
mean double digit economic growth of common people
(Middle class, lower, poor) of the country. In present
trend of economic development of the world, most of
the economic is remaining in the hands of handful
people of the country. There is sufficient evidence for
growing gap between rich and poor.
My mind has pictures of common people. Therefore, it
welcomes economic model providing economic growth to
common people of the country. It is need of Nepalese
communities.
(C) In small country, presidential form of government
posses’ higher potential of risk of Dictatorship,
because most of the powers are invested with him. We
would like to suggest parliamentary form of government
in Nepal.
December 29, 2006
Economic Delusion of Water Resource in
State Structure (Rebuttal II)
– Dr Bindeshwar Prasad Yadav
(Further, the email friend wrote economic gain from water
resource named Koshi, Gandaki and Karnali in proposed Koshi,
Gandaki and Karnali states. This rebuttal is response of that
view)
The knowledge to differentiate between brass and gold is
important for selling and buying business. Brass looks like gold;
it mimics gold but is not gold. For purchasers of gold, it
becomes most important to know what qualities of brass are
similar to gold so that one may not purchase brass thinking of
gold. It also important to know what quality of gold confirms that
it is pure gold.
Let’s make an evidence based analysis that water resources
such as Koshi, Gandaki and Karnali in state structure are gold
or brass. Is it a reality for economic development with reference
to millions state-exploited Madheshi in Nepal?
Is state-structure of Nepal a real need?
Nepal is a small country. Its population and geography do not
need state restructure; if there is justice based national
administration. Also, its economy does not allow state
restructure, because a big portion of the developmental budget
will be diverted for administrative purpose of the states. Looking
at these facts, one must ponder, why such move for several
states in Nepal!
Despite all above facts, people sentiments-based state
structure has become most important for the present Nepal.
The root cause is century long unjust national
administration. It is like a poor patient, who sells his land and
wife’s jewelry to buy expensive medical care to save his life.
Today, Nepal must go through state structure to save national
unity and to provide people with the power of decision and
governance.
Dilemmas of Economic development
Some decades ago, Madheshi were economically and
educationally better in comparison to the people of other part of
the country. Unjust policy and discriminatory act of the
government did not provide opportunity for growth and
development of Madheshi. Further, state exploited and
suppressed them. Consequently, today economically and
educationally they have been pushed behind.
Political power is a great means to gain economy
In several countries of the world such as Asia, Africa, Americas,
(what I know personally) Indian Diasporas have had economic
and educational power of the country, but now they are
suffering. In fact, political power, which governs administration,
makes policy and manipulates judiciary, is the master of all
other powers.
Presently, a move for states within Nepal is a shift for sharing
state- authority. In the present world, national leaders of many
countries misuse power for economical gain. If Madheshi is
without administrative and decision making ability then other will
snatch their wealth.
Water resources and laws
There is international law for use and distribution of water
resources in case of a river passing through more than one
country. There is also law to guide states on the use of water
resources if a river passing through several states in a country.
Therefore, proposed Madhesh state (comprising of only terai
districts) has legal rights in the water of Koshi, Gandaki and
Karnali. Autonomous states have justified share in water
resources. It doesn’t need to compromise with people’s
sentiment and rights.
In case of proposed Koshi, Gandaki and Karnali States:
• Firstly, Madheshi will not get political power and
autonomy in this proposed state structure.
• Secondly, they will remain deprived of control.
Therefore, justified generated economy will not come to
them. Major portion will go somewhere else.
• Thirdly for Madheshi, Nepal without state is better than
proposed Koshi, Gandaki and Karnali states.
In conclusion, it is an economic delusion and dilemma. We
must not buy brass in confusion of gold. The top most
needs of Madheshi are UNITY & AUTONOMY.
Date January 30, 2007
Firing on Madheshi: A Major National Sin
– Bindeshwar Prasad Yadav
The great leaders of Nepal
If, half population of Nepal- Madheshi are asking for their birth-
rights in national-life, without hesitation you say them ‘criminal’.
There is no change in Madheshi’s condition, whether it was a
king rule or the rule of democratic government.
The rule of a king like Janak is all right and highly regarded.
However, the discriminatory and suppressive ruling of a
democratic government is not acceptable.
Firing on colonized Madheshi is a major national sin; and the
nation cannot escape from the punishment of this sin.
A well tested truth is “No king, no prime minister, no leader, can
remain in power if he/she sets himself against the people.”
Democratic leaders are repeatedly failing in Nepal, because
they never set themselves for the people.
January 30, 2007
Madheshi-Martyr
– Bindeshwar Prasad Yadav
“Who is born will die” is universal truth. Great are those, who
have death of a brave, a death of sacrifice for their fellow
brothers. Mother Madhesh is certainly proud of such brave
sons. Every drop of their blood is a milestone of freedom for
Madheshi and Madhesh from indirect colonization.
Please allow me to quote great Gandhi- address to youth at
Varanasi (Banaras) during Indian freedom fight.
“If we trust and fear God, we shall have to fear no one,” Gandhi
assured them (youths), teaching his passionate message of
“love of the country,” and the value of “bravery” and tapas to all
the bright-eyed young men, who felt uplifted, instantly inspired
by his fearless simplicity, his dauntless courage.
“I hope I would be prepared to die,” Gandhi told them, in
defense of India’s freedom. “That would, in my opinion, be an
honourable death.”
The Madheshi-martyr is symbol of fight against untruth,
injustice, discrimination and direct/indirect colonization. True
homage for them is many more sacrifice of life including me for
global peace, truth and human dignity.
Date: February 2, 2007
Request for Help
(It was emailed during historical Madheshi movement)
Madheshi politicians should ask Indian leaders for help. it is
based on firm technical reasons. First of all, in international
politics neighbour country plays significant role. Madheshi have
started peaceful movement for their justified human rights, even
though government is killing innocent people. In case of army
operation (if happens), there is high probability of high number
of casualties. India is our neighbour. Thus, we need to ask for
justified political help. Let’s remember the freedom fight of East
Pakistan (present Bangladesh). Firstly India recognized, and it
was followed by Nepal. Subsequent to credit of both
neighbouring countries, Bangladesh got easily
acknowledgement from every country of the world. Presently,
in Somalia, North West portion (North West Somalia/declared
as Somaliland) has a stable government since several years,
yet in absence of recognition from neighbouring countries
namely Ethiopia, Djibouti and Kenya, has not succeed to
receive credit from the globe. Likewise, till 1990, 113 countries
of the earth supported Nepal’s proposal of “Peace Zone”. In
spite of that it could not go through because neighbour country
India was in opposition. Further, Nepalese top leaders,
especially Prime Minister usually visit Indian Prime Minister.
Therefore, without hesitation Madheshi leaders should request
Indian Prime Minister and other national leaders for justified
political help in favour of millions discriminated people.
Letter I to the Prime Minister of Nepal
To: The Honourable Prime Minister of Nepal & The Members
of the Parliament (both Upper & Lower Houses)
CC: Dear Peoples of Nepal (via electronic media)
Date: August 18, 2006
Sirs/Madams
Subject: HUMAN RIGHTS FOR HALF OF THE
POPULATION OF NEPAL
We all are aware with the slogan of the “unification of modern
Nepal”; in practice, Indigenous Madheshi* of Nepal are victims
of denial of human rights, loss of integrity, racial discrimination,
domination and exploitation. Before the unification, in the early
nineteenth century, (before 1813) in the Madhesh region, there
were several small sovereign states. After conquered by the
king, the Madheshi states lost their sovereignty and the people
have been subjected to progressive victimization from the
denial of citizenship. Millions indigenous Madheshi are without
citizenship and as such has ruined their culture in that even the
name of Madhesh has been changed to Terai.
Further more, an attack on their linguistics and land, pursing
deliberate resettlement of non Madheshi in Madhesh, creation
of feelings of superiority and inferiority, and further economic
exploitation, through ruler’s organized plans and programmes
via exercising control over the political, administrative, and
social institutions and apparatus have led to a call for the rights
of these people.. The region Terai, (Madhesh), contributes 70%
of the national economy, and in return government provides
only 16% of the reserved fund for the development for the
Terai, where half of the country’s populations live.
Analysis of the facts related to the Madheshi doesn’t show the
spirit of unification, but it best reflects the shadow of
colonization. Nepal is a member state of the United Nations
Commission on Human Right. However, in spite of that, with
reference to Madheshi, till date it has disrespected and violated
the treaty of Human Right Convention (No. 169) concerning
Indigenous and Tribal peoples in Independent countries. For
the promotion of world peace and co-operation, United Nations
advocates and assists all people have an inalienable right to
complete freedom, self- determination, and the ability to
exercise their sovereignty and integrity.
In past, people movements have brought shifts of power from
the king palace to the elected –people in parliament; but none
of the governments has tried to provide justice and human
rights to the thirteen million Madheshi people of Nepal.
Presently, it is clearly visible that the “Neglect/ Inaction of the
Government is invitation of another unfortunate crisis in Nepal.”
In the way forward to the solution of the problem, we would
support the idea of
(i) Federal system of the Government with Madhesh
autonomous region,
(ii) According to population proportion representation,
employment and development opportunity to
Madheshi.
(iii) In addition, we propose the transformation of armed
forces; Nepal army, Maoist army, and proposed
Madhesh Army into ‘Reconstruction &
Developmental force’; and for the time of need,
United Nations Peace keeping force can be
requested.
We believe timely appropriate action will create an atmosphere
of equity and integrity in the spirit of brotherhood and
sisterhood.
May God bless Nepal? May God bless Madhesh?
Sincerely yours
Bindeshwar Prasad Yadav
bpyadav66@yahoo.com
bpyadav66@hotmail.com
For details and references, please find attached:
(i) Article by Divita Mehta, Madhesh Ethno; and
(ii) Article by Shree Govind Shah, Social inclusion of
Madheshi community in nation building.
(iii) Convention (No. 169) concerning Indigenous and Tribal
Peoples in Independent Countries.
* Madheshi are indigenous people of Nepal since ancient time,
who inhabitated the Southern part of Nepal of Madhesh
(presently known as Terai) from East to West in between the
northern Indian boarder and foothills. They resemble Indian’s
physical appearance; and constitute half of the population of
modern Nepal.
Complaint Petition to the United Nations
Office of the High Commissioner for
Human Rights
Background
The voice of Madheshi leaders was confined within national
boundary of Nepal. World was unknown with suffering of million
Madheshi. In 2005, in Port of Spain, (I was working there) the
problem was shared with Mr. Claudio Providas, Resident
Representative United Nations Development Programme,
Trinidad and Tobago. He assured to support.
In 2006, after establishment of people’s interim government,
Prime Minister of Nepal requested United Nations for support.
On August 3, 2006, an email titled ‘Police brutality to Madheshi
at Dhanusha’ reached to us. On the same day through email I
proposed the idea to take Madheshi issue to United Nations. I
received emails conforming the proposal on August 5, 2006.
With aim to internationalize the Madheshi issue, to draw the
attention of United Nations and human rights organizations
towards violation of human rights of half of the population
(Madheshi) in Nepal, a formal complaint petition to the United
Nations Office of the High commissioner for Human Rights,
Geneva was written; and on October 10, 2006; it was emailed
to urgent-action@ohchr.org . The content of the petition is on
the following page. Further, it was followed and CC was
referred to: CC: urgent-action@ohchr.org, tb-petitions.hchr@unog.ch,
registry.np@undp.org, registry@undp.org.tt,
claudio.providas@undp.org.tt
Date: October 10, 2006
To: OHCHR- UNOG
8 – 14 Avenue de la Paix
1211 Geneva 10
Switzerland
Email: urgent-action@ohchr.org
Fax: + 41 22 917 90 06
From: Dr Bindeshwar Prasad Yadav
United Nations Volunteer Medical Doctor
(First name: Bindeshwar)
Nationality: Nepalese
Date and place of birth: July 28, 1956, Nepal
Address for correspondence: 63, Park Street, Port of Spain,
Trinidad and Tobago
Email: bpyadav66@yahoo.com, bpyadav66@hotmail.com
Phone: 01868-744 6046
Sir/Madam
Re: HUMAN RIGHTS OF INDIGENOUS MADHESHI IN
NEPAL
Summary
In present Nepal, indigenous Madheshi people, who
constitute approximately half of the population of the
nation, are living as second class citizen or colonized
person. Millions are without citizenship. The State had has
compelled them to suffer economically, politically, socially
and emotionally. Their language and culture have been
eroded.They are excluded significantly from policy and
decision making; as well as from administrative and
judiciary frame work of the government. They are victims of
discrimination in employment in government sectors; and
are not allowed employment in the arm force. State had has
been sponsoring and supporting internal migration of non-
Madheshi people in the Madhesh land. The state has
violated following articles of “Convention (No. 169)
concerning Indigenous peoples in Independent Countries”:
Articles: 2.1, 2.2©, 3.1, 4.3, 6(b), 6(C), 7.1, 14.2, 16.1, 17.3,
18, 20.2, 26, 28.1, 28.3, 31, and 32.
Now, Madheshi people are demonstrating and demanding:
for Citizenship to all deserving Madheshi before elections
for the Constituent Assembly’ (CA); establishment of
Federal, Democratic Republican political system;
proportional representation in all state structures; and in
the CA election. A fraction of Maoist, composed of
Madheshi youth, called “Terai Janatantrik Mukti Mocha’’ is
demanding for ‘Independence’ that has imposed a threat of
new armed revolt. Timely intervention of United Nations is
extremely needed to provide human rights to Madheshi
population to prevent a new cycle of violence and to
establish the peace in Nepal.
Information on the complaint:
I am a Nepalese national, and belong to Madheshi community.
Presently, I am an International United Nations Volunteer
Medical Doctor for United Nations Development Programme, in
Trinidad and Tobago; and am assigned to the Ministry of
Health, Port of Spain.
From history
Until 1769, present – day Nepal was composed of small
independent states and principalities of different ‘nationalities’;
and it was only in the 1930s that the Nepalese government
began to adopt the name ‘Nepal’ in an attempt to make it a
modern state (Shrestha BG 2004).
Modern Nepal is a result of conquest by Gorkhali kings over
sixty principalities during the period from 1768 to 1813. All of
these principalities resembled nation-states as they fulfilled all
the criteria of nationhood: language, religion, culture, territory
and a history of nationhood (Mehta D 2006). In 1813, the king
conquered a large low land area called Madhesh, and included
into the kingdom (Shah, G. S. 2006). The choice of the word
‘unification’ rather than ‘conquest’ was used to describe the
expansion of Gorkhali power of Nepal (Whelpton 2006).
Madhesh and Madheshi
• The southern part of Nepal that is lowland between the
boarder of Indian states of West Bengal, Bihar, Uttar
Pradesh and Uttranchal, and hill-foot, presently called
Terai of Nepal; historically known as Madhesh.
• Its Indigenous population is called Madheshi, who
resemble Indians in physical appearance; and constitute
approximately 40-50 percent of the population of Nepal.
They include different culture and linguistic groups-
Maithili, Bhojpuri, Awadhi, Tharu, and also some tribal
groups.
• The domestic economy of Nepal depends
overwhelmingly on this region that forms its industrial
hub with more than 70-80 percent of all industries
located in this region. Its agricultural bowl produces
more than 65 per cent of the nation’s food grains.
• Before the quest, 1813, there were several small
principalities or republics in the Madhesh region. The
Nepal rulers treated the Madheshi people as second
class citizens or colonial subjects, and suppressed them
particularly in four areas: i. denying employment in the
army overtly, and other government services covertly; ii.
Capturing their land iii. Disempowering through
restrictions in the use of their languages and practice of
their customs; iv. Denying citizenship right. As a result,
the Madheshi are suffering economically, politically,
socially, and emotionally (Neupane G 2006). Prachanda
said, “Expressing sadness over the fact that Madheshi
are living like second class citizens in the country
despite being an indigenous group, he said, “Our party
started the campaign of liberating Madheshi and making
them masters of the state right from the first year of the
people’s war (Prachanda 2006).”
• Tarai (Madhesh) contributes 70 percent to the state’s
economy while the government only gives back 16
percent of the funds reserved for development (Lal, C.K.
2003).
• The practice of the State with Madheshi population
matches with the criteria of colonization (Yadav, B.P.
2006). Overall, evidences support that in Nepal,
Madhesh and Madheshi are treated as if colonized
under the cover of unification.
State concerned/Articles violated
Name of the State that is either a party to the Optional Protocol
(in the case of a complaint to the Human Rights Committee) or
has made the relevant declaration (in the case of complaints to
the Committee against Torture or the Committee on the
Elimination of Racial Discrimination):
(A) For Indigenous Madheshi, Government of Nepal had has
violated the followings:
Articles of the Covenant or Convention alleged to have been
violated:
Following articles of “Convention (No. 169) concerning
Indigenous and Tribal peoples in Independent Countries” are
violated:
Articles: 2.1, 2.2©, 3.1, 4.3, 6(b), 6(C), 7.1, 14.2, 16.1, 17.3, 18,
20.2, 26, 28.1, 28.3, 31, 32.
(B) State Nepal is treating Madhesh and Madheshi as if
colonized.
Exhaustion of domestic remedies
Steps taken by or on behalf of the alleged victims to obtain
redress within the State concerned for the alleged violation –
detail which procedures have been pursued, including recourse
to the courts and other public authorities, which claims you
have made, at which times, and with which outcomes:
• The Madhesi issue is as old as the emergence of
Nepal’s democratic movement in 1950s; major
grievance of that time was the imposition of Nepali as
medium of education. In the mid-1970s and 80s, issues
of citizenship and ‘work permit’ were the major problems
for the Madhesis. For the last fifty years, they have been
raising their voice against alleged ‘discrimination’ by the
state, yet their problems remained unresolved (Yhome
K 2006).
• The marginalized socio-cultural groups have repeatedly
protested against various articles of the 1990
Constitution that they claim discriminate against them
(Lawoti 2006).
• The Madhesis have demanded easy availability of
citizenship certificates, constitutional recognition of the
Hindi language, 50 percent reservation for Madhesis in
government, and semi-government jobs, mass
requirement in the army, land to the landless and
demarcation of an electoral constituency based on the
population and geographical and cultural uniformity
(Hindustan Times 2003).
Application to other international procedures
I have not submitted the matter for examination under another
procedure of international investigation or settlement.
Facts of the complaint
• Madheshis are treated as second class citizens or like
colonial subjects.
• Millions are the victim of denial of citizenship of Nepal.
• State had has compelled them to suffer economically,
politically, socially and emotionally.
• Their language and culture have been eroded.
• They are significantly excluded from the policy and
decision making; as well as from administrative and
judiciary frame work of the government.
• They are victim of discrimination in employment in
government sectors.
• They are not allowed employment in the country’s arm
force.
• Their lands have been captured in different ways by the
states and relatives of rulers.
• State had has been sponsoring and supporting internal
migration of non-Madheshi people in the Madhesh land.
Demand of Madheshi people
• Citizenship to all deserving Madhesis before elections to
the Constituent Assembly’ (CA),
• Establishment of Federal, Democratic Republican
political system
• Proportional Representation for Madhesis in all state
structures
• Proportional Representation for Madhesis in the CA
election
• Tarai Janatantrik Mukti Morcha demands
‘Independence of ‘Madhesh’.
Present Situation
Part I
• In principle, Government of Nepal has agreed to
amendment in the rule for citizenship. It looks; hopefully,
it will solve citizenship problem at large.
• Hot discussion is going on about the language issue.
• In principle, Government has agreed to recruit
Madheshi youths in armed forces. But, the burning
issue is how many and when?
• In principle, the Government has agreed for federal
system of state. The government wants to divide the
Madhesh region. Madheshis feel that it is a divide and
rule policy; therefore, divided Madhesh is unacceptable.
• Madheshis are doing demonstrations for their demands.
Part II (For Independence of Madhesh )
• “He (the leader) told a group of journalists, "We are
fighting for independence because we have been
discriminated against for too long! (Pradhan S
2006)".
• Madheshi youth feel that they have been colonized; and
their homeland is a colony under the rulers of Nepal.
• In the terai (Madhesh), a violent hate triangle has been
under play since 2004. The three players are the Nepal
army (and other parts of security apparatus), the
Maoists, and the secessionist Tarai Janatantrik Mukti
Morcha (TJMM), a breakaway fraction of the Maoists.
TJMM recruits more members in its ranks and wages a
war for secession much similar to the Tamil tigers. As it
is, there is already a Tarai Tigers (Tigers in the plain
2006).
• While the Maoist insurgency, that unsealed a decade-
old cycle of violence in Nepal and killed over 13,000
people, is heading for resolution, a new armed revolt is
threatening to take place in the terai region of Nepal
(Hindustan Times).
• The situation reflects that without complete liberation,
the problem of Madhesh will not be solved; and violence
will be continued.
• Overall the situation may impose another cycle of
violence in Nepal; and it will cause more life lost than it
had happened in Maoist insurgency.
We request for assistance to support that Madhesh and
Madheshi people can avail their human Rights that only will
prevent further violence, and promote peace in Nepal.
For any further information, please contact us without any
hesitation. Looking forward to your positive response.
Kind Thanks and best regards,
Sincerely yours,
(Dr Bindeshwar Prasad Yadav)
Checklist of supporting documents:
A Map of Madhesh (Tarai) in Nepal (pdf)
A copy of first page of my Passport
Demonstrations http://demrepubnepal.blogspot.com/2006/09/hands-
off-madhesi-activists.html
Hindustan Times (2003) “Nepalese discrimination against people of
Indian Origin.” Indo-Asian News Service. Kathmandu, December 28.
Accessed on December 28, 2003.
http://www.hindustantimes.com/online
Hindustan Times. 2006. “Discontent brewing in Nepal's terai region”,
August 17, 2006.
http://www.hindustantimes.com/news/7598_1770329,000500020003.htm
Lawoti, M. 2006. The constitution as the source of exclusion
https://madhesi.wordpress.com/2006/08/19/the-constitution-as-the-
source-of-exclusion-4th-chapter/
Mehta, D. 2006. Democracy is incompatible with the concentration of
power.
https://madhesi.wordpress.com/2006/08/19/democracy-is-
incompatible-with-the-concentration-of-power/
Neupane, G. 2006. Madheshies: colonial subjects or masters of their
destiny?
http://parivartannepal.blogspot.com/2006/08/madheshies-colonial-
subjects-or.html
Prachanda. 2006. Kantipur. ‘Beware of peddlers of Madhesi right’
eKantipur.com
http://www.kantipuronline.com/kolnews.php?&nid=80143
Pradhan S. 2006. Politics- Nepal: And Now Ethnic Separatism
http://www.ipsnews.net/news.asp?idnews=34406
Pradhan S. 2006. Tarai on a slow burn
http://madhesi.wordpress.com/2006/08/21/tarai-on-a-slow-burn/
Shah, S.G. 2006. Social inclusion of Madheshi community in nation
building
https://madhesi.wordpress.com/2006/07/27/social-inclusion-of-
madheshi-community-in-nation-building/
Shrestha, B. G. 2003. “Ethnic Nationalism in Nepal.” IIAS Newsletter,
March 2003. http://www.iias.nl/iias/show/id=41332
Tigers in the plain http://nayanepal.blogspot.com/2006/08/tigers-in-
plains.html
Whelpton 2006.
http://madhesi.wordpress.com/files/2006/08/a-history-of-nepal-
cambridge-university-press.pdf
Yadav, B.P. 2006. Is Madhesh a colony?
http://demrepubnepal.blogspot.com/2006/08/bindeshwar-prasad-
yadav-is-madhes.html
Yadav, B.P. 2006. Human rights for half of Nepal
http://demrepubnepal.blogspot.com/2006/08/bindeshwar-prasad-
yadav-human-rights.html
Yadav, B.P. 2006. Separatism or Freedom
https://madhesi.wordpress.com/2006/08/30/separatism-or-freedom/
Yadav, B.P. 2006. Prachanda on Madheshi: Time to Test
https://madhesi.wordpress.com/2006/09/04/time-to-test/
http://demrepubnepal.blogspot.com/2006/09/bindeshwar-prasad-
yadav-prachanda-on.html
Yadav B.P. 2006. Nepal: Restructuring of the State
http://madhesi.wordpress.com/2006/09/07/nepal-restructing-of-the-
state/
http://demrepubnepal.blogspot.com/2006/09/bindeshwar-yadav-
restructuring-of.html
Yadav R, P. 2006. Facts and Figures on Madhesi Marginalization
(Caste/Ethnic representation in His Majesty’s Government at policy
level in Nepal)
http://demrepubnepal.blogspot.com/2006/08/dr-ram-prakash-yadav-
facts-and-figures.html
Yhome. K. 2006. Madhesis: A Political Force in the Making?
https://madhesi.wordpress.com/2006/07/16/madhesis-a-political-force-
in-the-making/
Letter to the Prime Minister of India
(With aim to inform world dignitaries on violation of Madheshi
human rights in Nepal, I have written letter to the Indian
President, the Indian Prime Ministers, the President of China,
the President and Vice President of USA, the Prime Minister of
UK and several others. For example, below is the letter to the
Indian Prime Minister)
Date: December 14, 2006
Honourable Prime Minister of India
Government of India
New Delhi
Ufs: The High Commissioner
Indian High Commission
Port of Spain
Dear Sir
Re: Support of the Government of India for
“Human Rights of Indigenous Madheshi in Nepal”
I am a Nepalese citizen belonging to Madheshi community, and
presently serving as International United Nations Volunteer in
Trinidad and Tobago.
Unrest in Nepal is world known. With reference to above
subject, Madheshi population has been treated as second class
citizens or colonized people by the state. The State’s practices
have had has compelled them to suffer economically, politically
and socially. The state has violated following articles of human
rights “Convention (No. 189) concerning indigenous people in
independent countries”: Articles 2.1, 22(c), 3.1, 4.3, 6(b), 6 (c),
7.1, 14.2, 16.1, 17.3, 18, 20.2, 26, 28.1, 28.3, 31, and 32.
Now, Madheshi people are demanding their human rights. A
revolutionary group called “Tarai Janatantrik Mukti Morcha
(Tarai Janatantrik Liberation Front) is campaigning for
Independence and as said there is now a threat of new armed
revolt. . . Regarding this on October 10, 2006 I have
communicated through email to the Office of the United Nations
High Commissioner for Human Rights Geneva (a copy of
complaint with CD containing details) is attached.
We (Madheshi Community) are looking forward for the support
of the Government of India in seeking the Human Rights of
Madheshi people in Nepal to prevent further violence and
establish peace in Nepal and in the region.
Sincerely yours
Dr Bindeshwar Prasad Yadav
63, Park Street,
Port of Spain
Cell: 744 6046
Email: bpyadav66@yahoo.com
Letter II to the Prime Minister of Nepal
December 29, 2006
To: The Honourable Prime Minister
Government of Nepal
The Honourable Members of the Parliament
The respected people of Nepal
(Via electronic media)
Sirs/Madams
Re: Peace and Madheshi Rights in Nepal
History is witness that Madheshi are victim of state caused
injustice since centuries; and are living as colonized on their
own motherland. Colonization has come to end to the most part
of the world. In Nepal, now, no force can continue it.
Who is responsible for the new emergence of racial-unrest?
No one is responsible as individual. The responsibility lies on
untruth, unjust, and unrighteous state-policy and state-actions.
Peace can be restored by justice and righteousness that
emerge from truth. Present growing hatred, killing and violence
among national brothers remind me the scenario of epic
Mahabharata. It brings the remembrance of great leaders of the
kingdom like Bhishma, Drona, Karna, Kripacharya etc., who
kept watching the prevailed unjust and unrighteous actions of
the ruler Kaurava over truthful and righteous Pandava, and did
nothing for correction. They all failed to prevent, as well as, to
win the battle of Mahabharata, because they were by the side
of untruth, injustice and unrighteousness. It was possible for the
grand to prevent the large number of life lost in that battle.
Truth, justice and righteousness must prevail. Time has
changed. This moment has brought complete human rights to
the Madheshis. None can stop it. Only we can prevent growing
hatred, violence and killing. Sooner, their full rights will be
delivered in the light of United Nations Human Rights
declarations; the peace will prevail in the country. Everyone will
live together in the spirit of national brotherhood and sisterhood.
If it is delayed it will facilitate growth of hatred and violence
We must learn from our own country- happenings in recent
years. In favour of united and peaceful Nepal, in the spirit of
humanity, as soon as possible Madheshis should be honoured
with their human rights in light of truth, justice and
righteousness.
May God bless Nepal! May God bless Madhesh!
Truly yours
Dr Bindeshwar Prasad Yadav
Letter to the United Nations Secretary
General
(Historical Madheshi movement was going on. Soldiers were
not hesitating to kill demonstrators. With aim United Nations
advices Nepal government to stop innocent killing I wrote
this letter to United Nations Secretary General.)
Date: February 1, 2007
Mr. Ban Ki-moon
United Nations Secretary General
Your Excellency
Re: Nepal Government Sponsored Violence against
Madheshi in Nepal
Over ten million Madheshi people of Southern Nepal thank
United Nations for investigation and recognition of longstanding
discrimination and oppression done by Nepal Government. In
January 2007, the meeting of the United Nations High
Commissioner for Human Rights (UNHCHR) Ms Louise Arbour
with Nepal’s Prime Minister Girija Prasad Koirala, to address
longstanding discrimination and social exclusion of Madheshi is
significant.
However, since last week of January 07, Nepalese police/army
is attacking on peaceful colonized Madheshi-demonstrators
who are raising voice for their human rights. That has brought
over fifteen deaths and several hundred injured. Killing of
innocent Madheshi people by Nepalese police/army has
created a terrified situation, as well as, has converted a holy
peaceful Madhesh into a battlefield. It has created a scene of
insecurity, as well as, rebellion attitude among Madheshi-
youths that is quite natural, but it is detrimental to the peace
process in Nepal. Continuation of prejudice and injustice; and
use of arms by the Nepal- government will create crisis in the
country. In lack of urgent and effective measures, there is no
doubt; Nepal will be included in near future, into category of
Somalia and Sri Lanka.
To prevent the crisis in Nepal, for Human Rights, Justice and
establishment of Peace following are suggested measures:
1. Immediate stoppage of use of arms against peaceful
Madheshi-human rights- demonstrators/protesters.
2. Formation of Madhesh Peace Force (Madhesh Shanti
Sainik).
3. Formation of Madhesh Peace Police (Madhesh Shanti
Sipahi).
Looking forward for assistance of United Nations to bring to end
government sponsored violence and discrimination against
Madheshi in Nepal.
Thanking you for your continued support.
Sincerely yours
Dr Bindeshwar Prasad Yadav
(Nepal citizen)
bpyadav66@yahoo.com,
United Nations Volunteer
Trinidad and Tobago
CC: urgent-action@ohchr.org, tb-petitions.hchr@unog.ch
registry.np@undp.org registry@undp.org.tt
claudio.providas@undp.org.tt
November 18, 2006
Madheshi Right: To Strengthen National
Unity
– Dr Bindeshwar Prasad Yadav
Demand for participation in national main stream by Madheshi
is human rights, as well as, it is a philosophy of human life for
peaceful co-existence. It is neither a racial issue nor an
intension of cessation. It is simply a firm voice for justice and
human rights for those, who are victim of injustices,
suppression, discrimination and denial.
It is an intervention for bridging the gap between over
advantaged and disadvantaged for strengthening of co-
existence of different ethnic and cultural people in peace and
harmony.
I think it is worthwhile to mention some of my experiences in
service and social contexts. I, in 1984, first joined government
service in Gorkha (a hilly district). It was followed by Siraha (a
Madhesh area), Dharan (a hill foot land), Kathmandu (valley),
Salyan (remote hilly district) and Jumla (mountain). In fourteen
years of my service-journey, I less than two years was in Siraha
and Kathmandu combined. More than twelve years I worked in
hills, hill foot and mountain. I came across many people,
different cultures and variety of experiences. Struggles and
solutions were my close friends. Overall, I think how fortunate I
was! A great opportunity for desh darshan (country visit)! I was
privileged to visit Mansarovar (largest lake in the world at that
height) and Kailash (abode of lord Shiva as Hindu mythology).
Almighty God granted me more than what human beings
snatched from me.
As far as my social experiences are concerned, even today,
being physically apart from several hilly friends for several
years, in my heart tender feelings are alive; in mind pure
sounds are ringing. All are symbols of selfless friendship and
cordial relation. We all are in professional and social network.
It is great that the whole nation has realized the suffering and
suppression of Madheshi. Now, the time has come to put the
realization into practice. Past ten years of Maoist insurgency
has taught Madheshi a lot. Justified proportional representation
of Madheshi in all dimensions of country profile has become
prerequisite for peaceful and respectful coexistence. It has
appeared as test for national political leaders. It is a test of top
leaders for ‘Power lust’ or ‘Power just’. If national unity is not
strengthen then top leaders will be responsible, as king
Gynendra is responsible for the present condition of the state.
In case, people fail to live as brothers; situation might be
compelled to live as neighbours for peace.
May God bless us all!
(Complete names are not written in light of individual’s
confidentiality and respect.)
Date: Feb 6, 2007
Nonviolence Must be Practiced
– Dr Bindeshwar Prasad Yadav
(It was emailed during historical Madheshi movement)
There is no doubt that present world is fairer than it was in the
past. Day by day it is progressing towards better justice.
Justice must prevail.
“Truth must prevail. Justice must prevail.” This is the basis that
people have overpowered king- rule in Nepal. Next truth, in
context of Nepal, is indirect colonization of approximately half
the country's population. On the basis of same principle “Truth
must prevail; Justice must prevail” indirect colonization of
Madheshi must come to end.
What the Madheshi movement is about
• Have you asked your inner being (your soul) what the
Madheshi movement is about?
Present Madheshi movement is against discrimination and
exploitation.
Government media is imposing that it is for a separate country.
I would like to ask those who believe or think like this.
Is a separate country “Madhesh” the best option?
In my opinion, NOT.
The best option is true unified Nepal with autonomous
Madhesh. On the other hand, the worst option is present state,
where Madheshi is discriminated and humiliated. Fortunately,
Madheshi people have awakened and proved capability to avail
their human rights. Now, Madheshi will not accept on going
discrimination. Issue is very clear. Will rulers' offer Madheshi
justified rights? If, yes. Certainly people will go for the best
option- living peacefully in true unified Nepal. If, not. It will be
compulsion for Madheshi to go for complete freedom, a
sovereign state that is neither desirous nor the best, but will be
a compulsive option. Unfortunately, the state rulers will be
whole responsible for this.
If the process of delivery of autonomy of Madheshi is done
sooner and smoothly in light of United Nations Human Rights
declarations, Nepal will be transformed into a true and real
unified state and people will live together peacefully in the spirit
of national brotherhood/sisterhood. On the other hand, if
government sponsored killing of innocent people and damage
of people's property will continue then jealously, hatred and
enmity will grow. As result united Nepal will not possible.
Madheshi-martyrs
In the world, many people are dying daily due to diseases,
accident, homicides and suicides. But, those Madheshi who are
getting bullet are not dying. They are immortal. They are great
soul. Service to distressed Madheshi is service to Almighty
God. Their souls are united with the Supreme soul. They are in
peace.
Nonviolence must be practiced
Violence favours none. Nonviolence favours everyone. Present
state sponsored violence in southern Nepal/Madhesh is shame
Human rights and peace in nepal
Human rights and peace in nepal
Human rights and peace in nepal
Human rights and peace in nepal
Human rights and peace in nepal
Human rights and peace in nepal
Human rights and peace in nepal
Human rights and peace in nepal
Human rights and peace in nepal
Human rights and peace in nepal
Human rights and peace in nepal
Human rights and peace in nepal
Human rights and peace in nepal
Human rights and peace in nepal

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Human rights and peace in nepal

  • 1.
  • 2. HUMAN RIGHTS AND PEACE IN NEPAL (An Internet Movement) DR. BINDESHWAR PRASAD YADAV MADHESH PEACE UNIVERSITY Established by Madhesh Foundation for Peace and Development 2007 HUMAN RIGHTS AND PEACE IN NEPAL (An Internet Movement) Author : Dr Bindeshwar Prasad Yadav bpyadav66@hotmail.com Copyrights © : Dr Bindeshwar Prasad Yadav Published : 2007 September Published by : Madhesh Peace University, Gaur, Nepal ISBN NO. : 978 - 99946 - 2 - 976 - 3 Price : Rs. 60 Computer settings : Easy Computer Service Mobile : 9841215276
  • 3. Dedicated for Those, who irrespective of race, religion, gender, nationality, profession have advocated/ acted for the human rights of people in any part of the world and to promote peace in any corner of the globe. Contents: Preface Introduction Page Mahatma Gandhi and His Words Mahatma Gandhi 1 Mahatma’s Words for Common Life 3 Words for Nonviolence in Politics 5 His Words for Satyagraha 10 Words for Peace 11 Madhesh in Nepal Madhesh as a Colony in Nepal 12 Separatism or Freedom 14 Time to Test 20 The Human Rights of Half of the People of Nepal 23 True Integration of Nepal Towards True Integration of Nepal 25 Restructuring of the State (Rejoinder) 35 Thoughts for Madhesh State (Rebuttal I) 40 Economic Delusion of Water Resource in State Structure (Rebuttal II) 43 Firing on Madheshi: A Major National Sin 46 Madheshi-Martyr 47 Request for Help 48 Letters to the World’s Dignitaries Letter I to the Prime Minister of Nepal 49 Complaint Petition to the United Nations Office of the High Commissioner for Human Rights 52 Letter to the Prime Minister of India 63 Letter II to the Prime Minister of Nepal 65 Letter to the United Nations Secretary General 67
  • 4. Love, Nonviolence and Madheshi-Movement Madheshi – Right: To Strengthen National Unity 69 Nonviolence Must be Practiced 71 Love and Nonviolence as Means for Fight for Rights 75 Let’s Tolerate and Forgive 77 Miscellaneous Madhesh University/ Madhesh Peace University 79 Madhesh Foundation for Peace and Development 90 Beginning of Madheshi Glory 91 Appendix: Email network 96 Preface Justice is the matrix of coexistence. If out of two biological children of a parent, one gets more favour and another remains deprived of parental care then gradual decrease of brotherly love takes place between them that causes growth of hatred, which finally brings to fighting between brothers. A similar happening also happens in national life. When a big portion of people is marginalized in the country prospective, care and respect among people gradually diminished, and leads to disharmony and lack of peace in the country. Presently, Nepal is also passing through such crisis. Knowing the fact, the ruling government is not bringing marginalized Madheshi into the main stream of national life. Maoist – movement has created abundance of awareness among marginalized citizens. The collection of emails is a tiny effort to create consciousness among Nepalese political leaders for truth and justice with reference to marginalized groups. Words of Mahatma Gandhi on nonviolence and satyagraha (truth force) is also included to enlighten fighters for rights. May God bless Nepal, bless Madhesh. B P Yadav Krishna Janmasthami September 4, 2007/Kathmandu
  • 5. Introduction After completing Shanti Ki Khoj, I thought it is time to convert all electronic emailed letters, which were made from August 2006 to March 2007, while I was working as International United Nations Volunteer for United Nations Development Programme Trinidad and Tobago in Port of Spain, into a form of booklet. It was a coincidence that Professor (Dr) Vishwanath Prasad Agrawal suggested the same. That was three years ago, when during web search we found out a web site ‘Democracy in Nepal’ dedicated to Madheshi issues in Nepal, operated from United States of America by Mr. Pramendra Bhagat, who had developed a network of people of similar mission. In June 2006, Nepal has entered into democratic system with 8 parties’ alliance government. People had new hope. Also, Madheshi had identical hope for liberation from indirect colonization. It was a wonderful opportunity to share ideas. Another web site ‘Madheshi United We Stand’ was also publishing abundance new information. I utilized this oppourtunity to express my feelings and thoughts with reference to Madheshi issues. I actively participated through email for the noble cause and call of discriminated people of half of Nepal. This booklet is a collection of emails, which were emailed by me to the people, who were living in the different countries of the world, but, were deeply concerned with Madheshi discrimination. These are also available in unedited forms on internet/blogs/websites: http://madhesi.wordpress.com (Madhesi-United We Stand), http://demrepubnepal.blogs pot.com (Democracy For Nepal), and http://human-rights-half- nepal.blogspot.com (Peace in Nepal). It presents true picture of the denial of the state of its responsibility towards its half of the population. It also contains emailed massage of love, ethnic coexistence, and nonviolence under spirit of brotherhood/sisterhood. Furthermore, this booklet begins with guiding words of Mahatma Gandhi on nonviolence, satyagraha (true force) and peace (not emailed). I owe a special debt of gratitude to Dr Nilesh Buddha, a young medical doctor from the land of Mahatma Gandhi- Gujarat, India, whom I met in Trinidad in 2004. In 2006, while he was working for Caribbean Epidemiology Centre, Port of Spain (presently he is working for World Health Organization Sudan); motivated and encouraged me for mission ‘Madheshi-human rights’. Also, I am deeply indebted to Mr. Claudio Providas, Resident Representative, United Nations Development Programme, Trinidad and Tobago, Surinam, Aruba and Netherlands, for his guidance and support to make a complaint regarding Madheshi discrimination to the United Nations Office of High Commissioner for Human Rights, Geneva (Head Quarter). Further my special thanks go to Dr Mukesh Prajapati, who is also from the land of Mahatma, and was working with me in Port of Spain (presently with World Health Organization South Sudan) for sharing his valuable insights for the noble cause. I am genuinely beholden to all friends/ sisters /brothers of the email network (list is included as Appendix.), who took pain and provided her/his valuable time to read my emails and provide constructive criticisms and encouragement. Without their moral support it was not possible for me to keep stamina to continue the process. I thank Prof Vishwanth Prasad Agrawal and Dr Ram Dev Singh of Madhesh Peace University, who edited the email letters; and appreciate their editorial labours and constructive criticism. I am greatly thankful to my many friends such as Mr. Prakash Ghimire, Mr. Sham Dev Yogi, Dr Ram Prasad Chaudhury, Dr Vimal Gupta, Mr. Surenrda Kaji Sindurakar, Mr. Rajkumar Shrestha, Mr. Prahlad Dahal, Mr. Vikram Mani Tripathi, Mr. Gopal Thakur, Mr. Dharmendra Jha, Mr. Ram Narayan Dev, and so many for their assistance and cooperation in bring this booklet in the present form.
  • 6. Mahatma Gandhi According to Hindu philosophy incarnation comes on earth to serve others and suffer himself, and to show the path of truth and love to the world. They prove that the spiritual power is mighty over physical power. Gandhi Ji, childhood name Mohan Das Karamchand Gandhi, was born on October 2, 1869 in a well to do Indian family of Gujarat state. Truth was his friend from very early childhood. He graduated as barrister from England. He was married with Kasturba at thirteen years. In 1893, he was only twenty-three, arrived in South Africa as attorney to conduct a case for an Indian trading company. Very soon he realized about life of Indian immigrants, and wrote-“It has always been a mystery to me how men can feel themselves honoured by the humiliation of their fellow beings.” At that time, there he worked ceaselessly to improve the rights of immigrant Indians, and he developed faith in Satyagraha (truth force) against injustice. ‘Satyagraha’; that is to say, the force which is born of truth and love or nonviolence…” He had lost the power to hate anyone and to lie for material gain. He was an embodiment of love and truth. He had absolute faith in God. But, his God was truth, love, nonviolence, distressed and diseased human being. He appealed for the living rights of all creations on the earth (not only human being). Entire life he served others and suffered himself. He served India with nonviolence and love. As result India became free from British rule and world learnt the lesson of nonviolence, civil disobedience, and non cooperation as way for political struggle as well as living day to day life. Constructive programmes of social uplift: service to Harijan, spinning, weaving, and prohibition were equally important for him as political activities. Having capability of making lots of money and living a luxurious life; in practice he lived a life of a poorest Indian either in jail or in an ashram (hut) in countryside. At the time of death, as he received bullets, uttered ‘He Ram’, ‘He Ram’ (name of Hindu God). His heart stopped beating and lungs refused to breath on January 30, 1948; 5.17 p.m. The great scientist Albert Einstein was moved to say of Gandhi: “Generation to come will scarce believe that such a one as this ever in flesh and blood walked upon this earth.” Looking at the words and deeds of Mahatma Ji and considering his attitude and practice towards life and death my mind without hesitation accept him as an incarnation of the modern age. Bindeshwar Krishna Janmasthami (September 4, 2007)
  • 7. Mahatma’s Words for Common Life “I have nothing new to teach the world. Truth and nonviolence are as old as the hills. I have not the shadow of a doubt that any man or woman can achieve what I have, if he or she would make the same effort and cultivate the same hope and faith.” “It is because we have at the present moment everybody claiming the right of conscience without going through any discipline whatsoever that there are so many untruths being delivered to a bewildered world.” To use the language of Bible, “What shall it avail a man if he gains the whole world and lose his soul? In modern terms, it is beneath human dignity to lose one’s individuality and become a full-blooded, fully developed member of society.” “A nation that is capable of limitless sacrifice is capable of rising to limitless heights. The purer the sacrifice the quicker the progress.” “Political power means capacity to regulate national life through national representatives. If national life becomes as perfect as to become self- regulated, representation becomes unnecessary. There is then a state of enlightened anarchy. In such a state everyone is his own ruler. He rules himself in such a manner that he is never a hindrance to his neighbor. In the ideal state, therefore, there is no political power because there is no state. But the ideal is never fully realized in life. Hence the classical statement of Thoreau that the government is best which governs least.” “Government of the people by the people and for the people cannot be conducted at the bidding of one man, however great he may be.” “Good travels at a snail’s pace. Those who want to do good are not selfish, they are not in a hurry, they know that to impregnate people with good requires a long time.”
  • 8. Words for Nonviolence in Politics “Nonviolence should never be used as a shield for cowardice. It is a weapon for the brave.” “I see neither bravery nor sacrifice in destroying life or property for offence or defence.” “It is the acid test of nonviolence that in a nonviolent conflict there is no rancor left behind and, in the end; the enemies are converted into friends.” “In this age of the rule of brute force, it is almost impossible for anyone to believe that anyone else could possibly reject the law of the final supremacy of brute force. And so I received anonymous letters advising me that I must not interfere with the progress of non-cooperation even though popular violence may break out. Others come to me and, assuming that secretly I must be plotting violence, inquire when the happy moment for declaring open violence will arrive. They assure me that the English will never yield to anything but violence, secret or open.” Choice between Cowardice and Violence “I do believe that where there is only a choice between cowardice and violence I would advise violence.” Thus when my eldest son asked me what he should have done, had he been present when I was almost fatally assaulted in 1908, whether he should have run away and seen me killed or whether he should have used his physical force which he could and wanted to use, and defended me, I told him that it was his duty to defend me even by using violence. I advocate training in arms for those who believe in the method of violence. I would rather have India resort to arms in order to defend her honour than that she should in a cowardly manner become or remain a helpless witness to her own dishonour. Nonviolence is superior to Violence “I believe that nonviolence is infinitely superior to violence, forgiveness is more manly than punishment. Forgiveness adorns a solider. But abstinence is forgiveness only when there is the power to punish; it is meaningless when it pretends to proceed from a helpless creature. But I do not believe myself to be a helpless creature. Only I want to use India’s and strength for a better purpose.” “Let me not be misunderstood. Strength does not come from physical capacity. It comes from an indomitable will. We have better work to do, a better mission to deliver to the world.” “Nonviolence is the law of our species as violence is the law of the brute. The spirit lies dormant in the brute and he knows no law but that of physical might. The dignity of man requires obedience to a higher law – to the strength of the spirit.” “The rishis who discovered the law of nonviolence in the midst of violence were greater geniuses than Newton. They were themselves greater warriors than Wellington. Although knowledgeable in the use of arms, they realized their uselessness and taught a weary world that its salvation lay not through violence but through nonviolence.” “Nonviolence in its dynamic condition means conscious suffering.”
  • 9. “I am not pleading for India to practice nonviolence because she is weak. I want her to practice nonviolence being conscious of her strength and power. I want India to recognize that she has a soul that cannot perish and that can rise triumphant above every physical weakness and defy the physical combination of a whole world.” If India takes up the doctrine of the sword, she may gain momentary victory then India will cease to be the pride of my heart. I believe absolutely that she has a mission for the world. “The force of nonviolence is infinitely more wonderful and subtle than the material forces of nature, like electricity.” “The force generated by nonviolence is infinitely greater than the force of all the arms invented by man’s ingenuity.” “Nonviolence is the greatest force at the disposal of mankind. It is mightier than the mightiest weapon of destruction devised by the ingenuity of man” “Strength of number is the delight of the timid. The valiant in spirit glory in fighting alone.” “Nonviolence succeeds only when we have a real living faith in God.” “Nonviolence means courage of the highest order and therefore readiness to suffer. There should therefore be no yielding to bulling, bluff or worse, even though it may mean the loss of a few precious lives. Goondaism as a disease Writers of threatening letters should be made to realize that their threats will not be listened to. But at the same time their disease must be diagnosed and properly treated. Even the goondas are part of us and therefore they must be handled gently and sympathetically. People generally do not take to goondaism for the love of it. It is a symptom of a deeper-seated disease in the body politic. The same law should govern our relations with internal goondaism in the system of government. And if we have felt that we have ability to deal with that highly organized goondaism in a nonviolent manner how much more should we feel the ability to deal with internal goondaism by the same method? Soul force or Brute force “To me, on the day when brute force gains ascendancy in India all distinction of East and West, of ancient and modern, will disappear. That day will be the day of my test. I take pride in looking upon India as my country because I believe that she has it in her to demonstrate to the world the supremacy of soul- force. When India accepts the supremacy of brute force, I should no longer be happy to call her my motherland. It is my belief that my dharma recognizes no limits of spheres of duty or of geographical boundaries. I pray to God that I may then be able to prove that my dharma takes no thought of my person or is not restricted to a particular field.” “There is no question of the mouse forgiving the cat. It will be evidence of India’s soul-force only if she refuses to fight when she has the strength to do so. It is necessary to understand what the phrase ‘strength to fight’ means in this context. It does not mean only physical strength. Everyone who has courage in him can have the strength to fight, and everyone who has given up fear of death has such strength. I have seen sturdy Negroes cowering before white boys, because they were afraid of the white man’s revolver. I have also seen weaklings hold out against robust persons. Thus, the day India gives up fear we shall be able to say that she has strength to fight. It is not at all true to say that, to be able to fight, it is essential to acquire the ability to use arms; the moment, therefore, a man wakes up to the power of the soul, that very moment he comes to know the strength he has for fighting. That is why I believe that he is the true warrior who does not die killing but who has mastered the mantra of living by dying.
  • 10. “The sages who discovered the never-failing law of nonviolence were themselves great warriors. When they discovered the ignoble nature of armed strength and realized the true nature of man, they discerned the law of nonviolence pervading this world all full of violence. They then taught us that the atman (soul) can conquer the whole world, that the greatest danger to the atman comes from itself and that conquest over it brings us the strength to conquer the entire world.” “We are constantly being astonished these days at the amazing discoveries in the field of violence. But I maintain that far more undreamt of and seemingly impossible discoveries will be made in the field of nonviolence. “We have to make truth and nonviolence not matters for mere individual practice but for practice by groups and communities and nations. That at any rate is my dream. I shall live and die in trying to realize it. My faith helps me to discover new truths every day.” His Words for Satyagraha Satyagraha means. “Truth (Satya) implies love, and Firmness (agraha) engenders and therefore serves as a synonym for ‘truth force’. I thus began to call the Indian movement ‘Satyagraha’; that is to say, the force which is born of truth and love or nonviolence…” “That is the beauty of satyagraha. It comes up to oneself; one has not to go out in search for it.” “Avoidance of all relationships with the opposing power can never be a satyagrahi’s object, but transformation or purification of that relationship.” “It (Satyagraha) is a force that may be used by individuals as well as by communities. It may be used as well in political as in domestic affairs. Its universal applicability is a demonstration of its permanence and invincibility. It can be used alike by men, women and children. It is totally untrue to say that it is a force to be used only by the weak so long as they are not capable of meeting violence by violence.”
  • 11. Words for Peace “The way of peace is the way of truth. Truthfulness is even more important than peacefulness. Indeed, lying is the mother of violence.” “The better mind of the world desires today not absolutely independent states warring one against another, but a federation of friendly interdependent states.” “If the mad race for armaments continues it is bound to result in a slaughter such as has never occurred in history. If there is a victor left the very victory will be a living death for the nation that emerges victorious.” “It may be long before the law of love will be recognized in internal affairs. The machineries of governments stand between and hide the hearts of one people from those of another.” “I have found that the life persists in the midst of destruction and therefore there must be a higher law than that of destruction. Only under that law would a well-ordered society be intelligible and life worth living.” “If we are to reach real peace in this world and if we are to carry on a real war against war, we shall have to begin with children; and if they grow up in their natural innocence, we won’t have to struggle; we won’t have to pass fruitless idle resolutions, but we shall go from love to love and peace to peace, until at last all the corners of the world are covered with peace and love for which consciously or unconsciously the whole world is hungering.” August 15, 2006 Madhesh as a Colony in Nepal – Dr Bindeshwar Prasad Yadav If definition for colonism is: A policy by which a nation maintains or extends its control over foreign dependencies. Control by one power over a dependent area or people. The purposes of colonialism include economic exploitation of the colony's natural resources, creation of new markets for the colonizer, and extension of the colonizer's way of life beyond its national borders. Colonialism is the extension of a nation's sovereignty over territory beyond its borders by the establishment of either settler colonies or administrative dependencies in which indigenous populations are directly ruled or displaced. Colonizers generally dominate the resources, labor, and markets of the colonial territory and may also impose socio- cultural, religious and linguistic structures on the conquered population. The term colonialism also refers to a set of beliefs used to legitimize or promote this system, especially the ethnocentric belief that the mores of the colonizer are superior to those of the colonized. Such beliefs are often a form of racism.
  • 12. About Madhesh in Nepal following are facts: Before 1813 (AD) Madhesh was a group of independent states. Gorkha kings won several small sovereign states including Madhesh and cleverly colonized Madhesh-states under name of unification of Nepal. Followings are evidences of colonization of Madhesh: Sovereignty of Madhesh was finished. It was controlled by the policy of king. Colonizers had have dominated over the resources of Madhesh. Hilly cultural and Nepali language were imposed on indigenous socio- cultural structure and languages (Bhojpuri, Maithili, Awadhi, Hindi etc languages of Madhesh). The original name of ‘Madhesh’ was changed by the ruler (colonizer) to ‘Terai’. It was totally against the consciousness of the indigenous Madhesh population. Concept of superior and inferior was brought in practice. Hill dwellers are far superior, and Madheshi are very inferior. Hill dwellers are administrators over existing sizeable native populations (Madheshi). They used force to control. If anybody, who ventured to raise the voice for justice, was killed; and his family was ruined. In several parts of Madhesh, hill dwellers migrated and displaced the indigenous populations. For Madheshi to travel inside the country visa provision was mandatory. To work in own country they had take work permit. Date: August 30, 2006 Separatism or Freedom – Dr. Bindeshwar Prasad Yadav (It is a comment on the article titled “POLITICS-NEPAL: Now Ethnic Separatism” published on website: http://madhesi.word press.com) Summary Time is writing the history of Madhesh, which is ancient land with indigenous population. It is truth that Madheshi are treated as second class citizens in Nepal. They are miserably marginalized at policy making, implementations and administrations level. Also, similar discrepancy is in the judiciary system. Millions of Madheshi are without citizenship, and their culture and language are eroded. The land is being occupied by non- Madheshi. Several are forcibly displaced against the United Nations convention. In the past, they have faced the problem of ‘work permit’ and visa provision to travel in the different part of the country. They have completely lost their identity. Examination of the Government’s attitude and act, in the light of “United Nations Convention (No. 169) concerning Indigenous and Tribal peoples in Independent Countries” reveals that the Government has been violating following articles: 2.1, 2.2©, 3.1, 4.3, 6(b), 6(C), 7.1, 14.2, 16.1, 17.3, 18, 20.2, 26, 28.1, 28.3, 31, 32.
  • 13. In recent past twenty years Government has changed several times, but no rule has addressed their problems. Madheshi want true unification in the spirit of equity and justices, with dignity and identity, and with no attitude and act of superiority, and discrimination. United Nations supports quick end of colonization and freedom for colonized countries. Description The Madhesh is holy land of Lord Buddha (the light of Asia), King Janak and divine mother Sita. The Madheshi are great offspring of great ancient ancestors. It is truth that Madheshi in Nepal are treated as second class citizens. In own country, millions Madheshi are stateless (without citizenship), it is not found anywhere else in the world. Madheshi culture and language are eroded. The name of the land “Madhesh” is changed to “Terai.” The land of indigenous Madheshi is forcibly occupied by other group of people under strategic planning of the government. In this process, non-Madheshi captured the land of indigenous helpless people. Few decades ago, they also faced the problem of ‘work permit’. Since the time of conquered non-Madheshi military force are on the land of Madhesh. They have completely lost their identity. Are these all not the evidences of fake unification and hidden colonization? Examination of the Government’s attitude and act, in light of “United Nations Convention (No. 169) concerning Indigenous and Tribal peoples in Independent Countries” reveals that the Government has been violating Article 2.1, 2.2©, 3.1, 4.3, 6(b), 6(C), 7.1, 14.2, 16.1, 17.3, 18, 20.2, 26, 28.1, 28.3, 31, 32. Let’s see United Nation’s definition for Indigenous People Article 1 (b) People in independent countries who are regarded as indigenous on account of their descent from the populations which inhabited the country, or a geographical region to which the country belongs, at the time of conquest or colonization or the establishment of present state boundaries and who, irrespective of their legal status, retain some or all of their own social, economic, cultural and political institutions. Violated articles are: Article 2.1. Governments shall have the responsibility for developing, with the participation of the peoples concerned, co-coordinated and systematic action to protect the rights of these peoples and to guarantee respect for their integrity. Article 2.2 © Assisting the members of the peoples concerned to eliminate socio- economic gaps that may exist between indigenous and other members of the national community, in a manner compatible with their aspirations and ways of life. Article 3.1. Indigenous and tribal peoples shall enjoy the full measure of human rights and fundamental freedoms without hindrance or discrimination. The provisions of the Convention shall be applied without discrimination to male and female members of these peoples. Article 4.3. Enjoyment of the general rights of citizenship, without discrimination, shall not be prejudiced in any way by such special measures. Article 6 (b) Establish means by which these peoples can freely participate, to at least the same extent as other sectors of the population, at all levels of decision-making in elective institutions and administrative and other bodies responsible for policies and programmes which concern them; Article 6 © Establish means for full development of these peoples’ own institutions and initiatives, and in appropriate cases provide the resources necessary for this purpose.
  • 14. Article 7. 1. The peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly. Article 14.2. Governments shall take steps as necessary to identify the lands which the peoples concerned traditionally occupy, and to guarantee effective protection of their rights of ownership and possession. Article 16.1. Subject to the following paragraphs of this Article, the peoples concerned shall not be removed from the lands which they occupy. Article 17.3. Persons not belonging to these peoples shall be prevented from taking advantage of their customs or lack of understanding of the laws on the part of their members to secure the ownership, possession or use of land belonging to them. Article18. Adequate penalties shall be established by law for unauthorized intrusion upon, or use of, the lands of the peoples concerned, and governments shall take measures to prevent such offences. Article 20.2. Governments shall do everything possible to prevent any discrimination between workers belonging to the peoples concerned and other workers, in particular as regards: (a) Admission to employment, including skilled employment, as well as measures for promotion and advancement; Article 26. Measures shall be taken to ensure that members of the peoples concerned have the opportunity to acquire education at all levels on at least an equal footing with the rest of the national community. Article 28. 1. Children belonging to the peoples concerned shall, wherever practicable, be taught to read and write in their own indigenous languages or in the language most commonly used by the people to whom they belong. When this is not practicable, the competent authorities shall undertake consultations with these peoples with a view to adoption of measures to achieve this objective. Article 28.3. Measures shall be taken to preserve and promote the development and practice of the indigenous languages of the peoples concerned. Article 31. Educational measures shall be taken among all sections of the national community, and particularly among those that are in most direct contact with the peoples concerned, with the object of eliminating prejudices that they may harbour in respect of these peoples. To this end, efforts shall be made to ensure that history textbooks and other educational materials provide a fair, accurate and informative portrayal of these societies and cultures of these peoples. Article 32. Governments shall take appropriate measures, including by means of international agreements, to facilitate contacts and co-operation between indigenous and tribal peoples across
  • 15. borders, including activities in the economic, social, cultural, spiritual and environmental fields. Madheshis don’t want separation. They want true unification in the spirit of equity and justice, with dignity and identity. How long will they be in this world like living cadavers? However, we feel Madheshi human rights fighters should not resort to the use of weapon. At the time of globalization, emigration has become a phenomenon. In Madhesh, good hill dwellers will be accepted; however those who are agents of discrimination, exploitation are certainly not acceptable. Even a king having such attitude is not acceptable, what to talk of others. In fact the Madhesh has availed full human rights. The time has done it. Human rights defenders are just means. For true unification the government must grant autonomy to Madhesh within Nepal: i. Undivided Madhesh state, ii. Madheshi youths in Madhesh barracks, Chief District Officers, Superintendent of Police, and Chiefs of the other Madhesh offices; and iii. Proportional representation in every sector of the country. May God bless Nepal? May God bless Madhesh? September 1, 2006 Time to Test – Dr. Bindeshwar Prasad Yadav (It is a thought on political assurance to Madheshi. Following is the publication on the websites:) “Expressing sadness over the fact that Madhesis are living like second class citizens in the country despite being an indigenous group, he said, “Our party started the campaign of liberating Madhesis, and making them masters of the state right from the first year of the people’s war.” -Maoist chairman Prachanda Source: eKantipur.com http://www.kantipuronline.com/kolnews.php?&nid=80143 Summary Madheshi should keep marching towards the goal; the goal of Political, Defense, Administrative, Economical, Cultural, Social and Language independence within the boundary of Nepal, where, in practice, equal opportunity for employment, representation and justice should be available to all. Unified Madhesh state is acceptable. Being link tongue for millions of Madheshis, Hindi should be second language. To date, for Madhesh and Madheshi democracy is a dream.
  • 16. Comment: Statements appear to sound very good and attractive as well. Here, the concern is: whether the statement would transform into action? Prevailing Political Reality Several top politicians have recorded their names in the modern history of Nepal. But all (including democratic) Governments have ignored the Madhesh and Madheshi. Ex Prime Ministers speak about the agony and suffering of Madheshi, but what did they do when they had responsibility to realize and the power to perform? Nothing! For Madhesh and Madheshi till date, democracy is a dream. Proposed state boundary- Proposed division of Madhesh raises doubts in the peoples’ mind. Is this division motivated by divide and rule policy?” Division among Madheshi reminds us the division of family property between two brothers. The poor mother (the wife) lives with one brother, and the powerless father (the husband) lives with other brother. Just for bread, both old heads are compelled to kill their life-long emotional attachment; they spend day and night with unheard cry of their souls. Similarly, such proposed state boundaries, will cause negative impact on Madheshi population. We hope that the boundary of Madhesh state will be according to people consciousness. In Surinam, Hindi is second national language while Dutch is the first language. In Trinidad and Tobago, people proudly speak Hindi and Bhojpuri. However, English is the national language. The government and African Trinidadian have no objection. In south India most people don’t know Hindi, they are doctors, engineers, and other professionals; still they are good Indians. We all know in Madhesh, there are several mother- tongues; and Hindi is the only link language over ten million population. Does it harm Nepalese national integrity, if Hindi is accepted as a second language? Asking to make Hindi as a second national language, does not mean Madheshi are not as responsible as the non-Madheshi Nepalese citizens. Should Madheshi be dependent? We feel Madheshi should neither approve nor disapprove any promise from any leader; they should see the act and match with the promises. It is time to test. But, don’t wait and watch. Keep marching towards the goal: goal of Political, Defense, Administrative, Economical, Cultural, Social, and Language independence within the boundary of Nepal, where, in practice, equal opportunity for employment, representation and justice should be available to all. Unified Madhesh state is acceptable. Being link tongue for millions of Madheshi, Hindi should be second language. To date, for Madhesh and Madheshi democracy is a dream. At the same time, special opportunity should be created for back log Madheshi to bring them into the main development stream of the nation. We all must bear in mind; it is an outlook for true human independence, not to create a separate nation outside Nepal. Madheshi must remember that only Madheshi, no one else, can transform their fate and future! Bitter Truth To be free from discrimination and being able to enjoy full human rights inside the united Nepal. Madheshi should demonstrate absolute will power, power to sacrifice, and only then, they will be able, in reality, to be integrated with the remaining population of Nepal. Because integrity and respect, brotherhood and friendship are possible only between equals.
  • 17. December 14, 2006 The Human Rights of Half of the People of Nepal What is Madhesh • The southern part of Nepal, from East to West, along the Indian boarder, plain land is known as Madhesh, also called Terai. • Its Indigenous population is called Madheshi, and they constitute approximately half of the population of Nepal. They resemble Indians in physical appearance and culturally similar. • There were several small sovereign states in Madhesh; and in 1813, the king of Nepal, who was neighbour, conquered Madhesh, and called unification of Nepal. What is the problem • In fact, under the coverage of unification, rulers started unseen colonization of Madhesh and Madheshi. Almost all, in every district of Madhesh, armed forces, who are non-Madheshi are in barracks; and similar in civil administration. • Madheshis are victim of racial discrimination. Millions of them are victim of denial of citizenship. Their languages and culture are eroded. They are extremely marginalized from the main stream of the development of the nation; and from participation in the state affairs and institutions. • Hill dwellers (non Madheshi), according to planned strategies of the rulers, have been migrated in the Madhesh region. This migration has created political, social, cultural, economic imbalance in the Madhesh. What activities are going on • People are demanding end of discrimination, initiation of true unification, proportional participation in state affairs and institutions and to join the main stream of national development. • Madhesh as a state within Nepal (it may be United States of Nepal), to promote development, culture, language etc; and to eliminate discrimination. • In the lack of positive response from the present government, some outfits are demanding complete liberation of Madhesh. It is leading to a serious threat for restoration of peace in Nepal. What can we do • Explore the truth independently through Internet available evidences and from the field. (Must avoid biased sources of information). • Suggest the government and the prominent political parties to provide justice, proportional representation in the state affairs and institutions; or liberate to them, who can make their destiny. • Your support: Moral, Technical etc for the truth and justice to promote peace.
  • 18. February 12, 2007 Towards True Integration of Nepal (In prospective of human rights and peace) – Bindeshwar Prasad Yadav With reference to present situation in Nepal I think it is valuable to quote ancient Sanskrit sloka from Vedas given to humanity thousand of years ago: “Na karmana na prajaya, dhanena, athyagenaike amrutatwa manshu.” (Not by action, not by progeny, not by wealth, but by sacrifice alone can immortality be achieved.) The massage is “What can’t be achieved by action, wealth and progeny, can be achieved through sacrifice.” In other words, unachievable can be achieved through sacrifice. Today, only sacrifice can solve the problem of Nepal and Nepalese. Secret of integration of Nepal lies in sacrifice of national leaders. Are national leaders and palace ready to sacrifice? Prime Minister’s statement on February 7, 2007 is a beginning step towards real integration. We hope that social and political justice will grow without hindrances. As we have decided to go forward for justice and peaceful coexistence. Therefore, it is needed to see the gaps and to work to fill it up. Following are major existing gaps that need to be addressed gradually for long lasting peace in the country. Major Existing Gaps needed to be addressed 1. Madheshi population Fig. 1. Contribution of Madheshis in the Population of Nepal 33.00% 67.00% Madheshis Non Madheshis Fig.1A. Contribution of Madheshis in the Population of Nepal 45.00% 55.00% Madheshis Non Madheshis Madheshis make up 33-45% of Nepal’s population of 27 million, but are seriously underrepresented in the government. The figure itself speaks the discriminatory and exploitive attitude and activities of the Nepal government.
  • 19. 2. Madheshi in Civil Services Fig. 2. Madheshis representation in Civil service of Nepal in Year 1991 8.40% 91.60% Madheshis Non Madheshis In spite of 33 % to 45% population contribution, in the government civil service Madheshi is only 8.4 % in 1991. Nepal Public Service Commission report revealed that only one Madheshi in the list of 77 persons was recruited for the post of Section Officer. One from hill-janjati and one Madheshi are in the period of multi party democracy. The administration and civil service sector is composed of 85 percent Bahun, 9 percent Chhetris and 2.6 percent Newars. 3. Madheshi in International Organizations in the country as national staff Fig. 3. Less representation of Madheshi even in International Organizations in Nepal in Yr 2001 (Total no. 767) 15.80% 79.20% 5% International Staff National Non Madheshi National Madheshis 33 67 6 94 7 93 0 20 40 60 80 100 % Population Working for organizations Working in projects Fig. 4. Involvement of Madheshis and Non Madheshi as National Staffs in International Organizations & Projects in 2001 Madheshis Non Madheshi As national staff in international organizations Madheshi are marginalized (Fig. 3 & 4). 4. Madheshi on higher positions in the government institutions 0 0 0 0 0 33 100100100100100 67 0 50 100 Fig.5. ZERO Representation from Madheshis Community Chiefs of Constitutional Bodies Vice-Chancellor Universities Vice-Chancellor Academies Chief of Security Forces Chief of Govt. Information Agencies Population 3 97 9 91 7 93 33 67 0 20 40 60 80 100 % Secretary/ Regional Administrators Dept. Heads of the Government Chief of Govt.Corporations/ Committees Population Fig.6. Madheshis as High Officials at Government Posts Madheshis Pahadis Fig 5 shows zero representation, and fig 6 shows negligible share of Madheshi
  • 20. 5. Madheshi participation in the constitutional bodies of the country 12.5 87.5 10.5 89.5 17 83 20 80 33 67 0 10 20 30 40 50 60 70 80 90 % Royal Standing Committee Members of Constitutional Bodies National Planning Commission Heads of Parliamentary Bodies & Committee Population Fig. 7. Madheshis Participation in Constitutional Bodies Madheshis Non Madheshi Fig. 8. Madheshis representation in Ambassadors/Consulate Generals 4.30% 95.70% Madheshis Non Madheshi 6. Madheshi in Judiciary System 67 33 100 0 94 6 88 12 83 17 90 10 0 10 20 30 40 50 60 70 80 90 100 % Supreme Court justices Chief Justice in Appeal Courts Judges of Appeal Courts Judges of District Courts First Class Officers Population Fig. 9. Madheshis in Judiciary service in 2001 Madheshis Non Madheshi As first class officer no one is from Madheshi community; and judges are few. How will a Madheshi get justice in Nepal? 7. Madheshi in Government media 100 0 100 0 100 0 89 11 92 8 0 10 20 30 40 50 60 70 80 90 100 % Press Council Radio Nepal Gorakhapatra Nepal Television Rastriya Samachar Samiti Fig. 10. Madheshis Representation in Government Media Madheshis Non Madheshi In most wings of media Madheshi is not welcomed. Who will hear their voice? 8. Madheshi in Policy Making Fig. 11. Falling Trend of Madheshis Representation in National Legislature from Year 1959 - 1999 22 18.5 19.6 17.4 0 5 10 15 20 25 1959 1981 1991 1999 Representationin% Madheshis Over 40 years experiences demonstrate that Madheshi representation is decline in the national legislature assembly. Who will make welfare policy for them? 23 90 3 21 10 59 1 19 47 010 20 40 60 80 100 120 Parties in Houses NC LH NC UH UML LH UML UH RPP LH RPP UH Fig.12. Madheshis Vs Non Madheshi Representation in Upper & lower House Non Madheshi Madhdeshi
  • 21. 23 90 3 21 10 59 1 19 4 7 0 1 0% 50% 100% NC LH NC UH UML LH UML UH RPP LH RPP UH Fig. 13. Madheshis Significantly in lower number from all parties in upper house Non Madheshi Madhdeshi 9. Madheshi representation in central committee of major political parties 8 92 6 94 17 83 2 98 33 63 0 20 40 60 80 100 Nepali Congress Communist Party (UML) Nepali Congress Democratic Jan Morcha Nepal Population Fig. 14. Madheshis Representation in Central Committee of Major Political Parties, 2006 Madheshis Non Madheshi Discrimination and suppression with Madheshi in political parties. 10. Continued discrimination and exploitation in both systems 33 67 15.2 84.8 0 20 40 60 80 100 Population Cabinet Ministers Fig. 15. Madheshis shares in population and Cabinet Ministeries in Nepal (1951-2005) Madheshis Non Madheshi 13 87 18.9 81.1 33 67 0 20 40 60 80 100 % King resigm Democratic Population Fig. 16. Madheshis representation in Cabinet Ministry in King's & Democratic resigms in Nepal Madheshis Non Madheshi 13 19 8 7.5 4 0 2.6 0 0 5 10 15 20 (%) Ministers in Cabinet Members Planning Commission Women as Ministers Home Minister Fig. 17.Comparision of Madheshis Representation in King's & Democratic resigms King resigm Democratic Democratic government has shown greater level of cruelty than king –regime with reference to Madheshi as Home Minister and Madheshi- women as Minister. 11. Absence of Madheshi in Nepal Army Fig. 18. Complete abscence of Madheshi in Nepal Army 0% 100% Madheshi Non Madheshi
  • 22. Madhesh land is full of Nepal Army barracks, but there is none of the Madheshi as army officer in armed force. Some are cleaner, cook and similar. It presents living evidence of indirect colonization of Madheshi/Madhesh in Nepal. Frequently, government speaks of ‘inability of Madheshi youths as army officer’; and presents ‘absence of these young men in British and Indian army’ as example. Careful analysis revels that it is not true. British and Indian governments take foreigners in their armed forces as their need. Simply, it is based upon principle of purchaser’s need. These governments have youths like Madheshi, and are deprived of men like Gurkha. Therefore, it is injustice to say that Madheshi is not able for service in armed forces. Here, the objective is to serve motherland. Every child irrespective of physical and mental status has equal right for the love of the mother. Possible hurdles Evidences are available in history that disintegration of country happens due to power lust of national leaders. Division of great India into Hindustan (India) and Pakistan happened, because Pandit Jawahar Lal Nehru (first Prime Minister of free India), as well as, Mr. Quaid-i-Azam Jinnah (first President of Pakistan), wanted to be the Prime Minister of undivided India. Division of the United States of Soviet Russia (USSR) is another example. In context of present Nepal, there are many power-ambitious leaders that create threat on national integrity. Again I would like to say, “Secret of national unity lies in sacrifice.” Are national leaders and palace ready to sacrifice? Do we think? Why did Gandhi, a child of well to do family and England trained barrister, gave up everything? He did with great pleasures to make India free. Several leaders, around the world, such as Nelson Mandela, Martin Luther King have practiced life of sacrifice for their country and countrymen. Now is a test time for Nepalese leaders. How great Nepal is! A combined plain land, hills and himal (Himalayan range) is truly great. How great are - Snowfall of Jumla, natural beauty of Bajura, way through Humla to Mansarovar and Kailash, and holiness of Khaptar and blessing of Lord Pashupatinath etc! Remembrance of these events, even today, creates a romance in my consciousness. References (Sources of data): 1. Ahiraj. Madhesh Vani. 2006. 2. Dhungel D.N. The Nepalese administrative system in contemporary Nepal. 2005. 3. HMG. Nyaya Parishad Bulletin, Nayaya Parishad Secretariat, December 18, 2001. 4. Mehta D. Democracy is incompatible with the concentration of power. 2005. 5. NPC, HMG. Short description of the organization of National Planning Commission, Singha Darbar. 2040 B.S. 6. Parliament of Nepal. Parliament Secretariat records, Singha Durbar, Nepal, 1999. 7. Rana P. Nepal’s Fourth Plan: A Critique. Yeti Pocket Book Ltd. 1971. 8. Risal B., Risal R.M. Nepal ka Mantriharu (2007 to 2061 B.S.). Jestha 2061 B.S. 9. Shah S.G. Social inclusion of Madheshi community in nation building. 2006. 10. Singh A. Restructuring of Nepali State: A Madheshi Perspective. 2003. 11. UNDP. Nepal. Directory of United Nations and its related Specialized Agencies in Nepal. 2001. 12. Yadav R.P. Caste/Ethnic representation in His Majesty’s Government at policy level in Nepal. 2005.
  • 23. Date: September 7, 2006 Restructuring of the State (Rejoinder) – Dr Bindeshwar Prasad Yadav Summary There are evidences to support restructure of states based on ethnicity, language, and geographic region. Basically the madhesh revolution is against injustice. In the spirit of the time; let the people do restructuring of the state according to their own conscience. Let’s create “United States of Nepal”. For perpetual peace we must stop ‘Negative use of Intelligence and Power’. Let our inner being guide us all. Background The political leaders of Nepal have agreed to have a federal system of government. It has brought a series of discussions about number of states and boundary of the states. In the context of present Nepali political discourse several doubts are arising in sensitive minds. Such as, autonomous states might cause disintegration of the country. Let’s have a look at the evolution of politics. Monarchy system has failed due to its own demerits: demerits of not discharging its honest duty towards the subjects, and ruling the nation not according to the principles. The monarch or king, who had all the three principle powers of the states: legislature, executive and judiciary, had moral duty to serve the people. But they became selfish and suppressor on the people. As consequences, the bond between the king and the subjects became weak. This change in the paradigm of the state administration invited revolution. It is possible for political scientist to suggest, “The state cannot be structured principally on the basis of fault lines (such as ethnicity, religion, population and even geography to some extent) which pose substantial threat to national unity in the event of mismanagement”. In these lines political science is just providing a theoretical principle for national integrity, but at the same time it is indicating towards the inability and ineffectiveness of the administration. Evidences from History There are evidences to support restructure of states based on ethnicity, language, region, and population. Before the British- empire, in India, there were approximately four hundred sovereign states those were headed by kings/monarchs. When the kings left the serving subjects, and started serving themselves. Consequently, the subjects rejected them. The creation of Pakistan on the map of the world is based on the religion. Furthermore, the division of Pakistan, and creation of Bangladesh is language and geography based. Discriminative administration of West Pakistan (presently Pakistan) towards the people of East Pakistan (presently, Bangladesh) was the revolution -igniting factor. In the recent years, within the Indian national boundary, several states are restructured. Therefore, new states have come into existence: such as Jharkhand state from Bihar state; Uttaranchal from Uttar Pradesh; and Chhatishgadh from Madhya Pradesh. These are evidences of creation of ethnicity cum geography based states. Thus, in the present context of Nepal, it is totally baseless to say that ethnicity, religion, population and geography should not be the basis of state restructure.
  • 24. Identity is human right. Trinidad and Tobago, a twin islands, a sovereign country, in which Tobago has fifty four thousand population and 41 by 14 kilometer area; where as Trinidad has population of 1.2 million and land area of 80 by 60 kilometer. The importance of identity can be seen with the name of nation “Trinidad and Tobago”. Newly formed Indian state, ‘Chhatisgadh’ indicates a union of thirty six (Chhatis in Hindi) states, which were in existence in earlier time. Without identity man is nothing, but a mass of flesh, bones and blood. If someone’s identity is grabbed; it is quite natural that at every possible forum, he/she will try to get it back. Is it not a reality, millions Madheshi are without identity in present Nepal? The demand of autonomous states in Nepal by people is scientifically sound, and evidence- based. It is based on two principles of life: The first is “Every action has opposite and equal reaction.” This principle of physical science is also applied in the human life. If we have not realized it then we need to do it. A second principle is: “What you sow, so you reap”. What is happening today in Nepal is reaction of the past action. Evidence based state restructure We must accept the reality. Overall the interpretation of an event largely depends upon the observer’s mind. How does he articulate his own reasoning? Some people see a glass half full, while other see half empty. In both circumstances, the truth is the same. Positive minds see positive aspect that is fullness of the glass, and express joy and hope; while negative minds see the negative aspect that is emptiness of the glass, and project sadness and hopelessness. A holistic view of Nepal spontaneously revels that it had the body of a state, and the mind and spirit of an enterprise. It has all the three organs of a state – the legislature, the executive and the judiciary system. These represent the body of the state. But the administration was not based on the legislative laws; and furthermore, the judiciary was not independent for the people purpose. Therefore, the state had lost the spirit and the thinking regarding welfare of its people. It had projected as a state and behaved as an enterprise. Our mind doesn’t digest the idea, “That said we just cannot restructure the state for a particular class, ethnic group, religion, region or language, which will prove suicidal in the long run.” We feel that the present situation is very serious. Nepal can’t afford to act on this idea. The implementation of this thought will be proved immediate suicidal for the nation. No time to wait for long. It is like refusal of medication in the fear of side effects, and being unaware that the disease will kill in the absence of medication. State as per people’s consciousness In the spirit of time, the only best possible solution for the restructuring of the states is let the people decide according to their conscience, even it based on ethnicity, language, region and population. It will finally lead to democratic process. Use of force for consolidation of a country is no longer desirable in modern time. People have right to go back to the history and regain the shape of their states as those were before they were conquered. The fact is; in spite of all injustice and deceive, suffering and agony, people want to remain united; but with identity and real unity based on truth, justice and human rights. We like to suggest: In the spirit of the time: • Let the people do the restructuring of the state as per their conscience.
  • 25. • Impose responsibility on them to demonstrate the mechanism for maintain inter states; and state -center cordial and professional relations. • They should also develop strategies and guidelines to show a strong national bond. Let’s create “United States of Nepal”. Ruling class knows very well that the present state administration is not pro-public. It does not have maximum people participation and representation, which is the essential requirement for peace in the state. During the period of Madheshi –movement none has tried to correct, even though all forces were engaged to suppress the people’s movement. Negative use of Intelligence Common Nepalese are great and trustworthy. Do the people, who are leading the nation, poses the same character? Self evaluation of weakness and strength must have high priority for top national position occupying personnel. For perpetual peace we must stop ‘negative use of intelligence and armed force. Engineering of untruth (deceive) and injustice are always harmful. In addition, we begin soul- searching. Date: November 25, 2006 Thoughts for Madhesh State (Rebuttal I) – Dr Bindeshwar Prasad Yadav (Our one friend has proposed Koshi, Gandaki and Karnali states. He also proposes double digit economic growth for the country. This rebuttal is response to this proposal) With reference to profession, I am not a politician. I am a human rights defender and lover of human dignity and peace. My simple mind says followings: (A) Proposed 3 states are Koshi, Gandaki and Karnali. Each state is comprised of terai, hills and mountain districts. It is a copy of Anchal in old system. 1. It will obstruct overall development of Madhesh. 2. It will also decrease employment opportunity for Madheshi youths. 3. It will never allow Madhesh and Madheshi - identity to foster. Therefore, it is NOT ACCEPTABLE.
  • 26. We propose Madhesh state comprising pure terai districts (without hills and mountain districts). It provides: 1. guarantees overall development of Madhesh and Madheshi, 2. brings recognition and identity 3. Provide opportunity for sharing of political power. (B) Double digit economic growth of a country does not mean double digit economic growth of common people (Middle class, lower, poor) of the country. In present trend of economic development of the world, most of the economic is remaining in the hands of handful people of the country. There is sufficient evidence for growing gap between rich and poor. My mind has pictures of common people. Therefore, it welcomes economic model providing economic growth to common people of the country. It is need of Nepalese communities. (C) In small country, presidential form of government posses’ higher potential of risk of Dictatorship, because most of the powers are invested with him. We would like to suggest parliamentary form of government in Nepal.
  • 27. December 29, 2006 Economic Delusion of Water Resource in State Structure (Rebuttal II) – Dr Bindeshwar Prasad Yadav (Further, the email friend wrote economic gain from water resource named Koshi, Gandaki and Karnali in proposed Koshi, Gandaki and Karnali states. This rebuttal is response of that view) The knowledge to differentiate between brass and gold is important for selling and buying business. Brass looks like gold; it mimics gold but is not gold. For purchasers of gold, it becomes most important to know what qualities of brass are similar to gold so that one may not purchase brass thinking of gold. It also important to know what quality of gold confirms that it is pure gold. Let’s make an evidence based analysis that water resources such as Koshi, Gandaki and Karnali in state structure are gold or brass. Is it a reality for economic development with reference to millions state-exploited Madheshi in Nepal? Is state-structure of Nepal a real need? Nepal is a small country. Its population and geography do not need state restructure; if there is justice based national administration. Also, its economy does not allow state restructure, because a big portion of the developmental budget will be diverted for administrative purpose of the states. Looking at these facts, one must ponder, why such move for several states in Nepal! Despite all above facts, people sentiments-based state structure has become most important for the present Nepal. The root cause is century long unjust national administration. It is like a poor patient, who sells his land and wife’s jewelry to buy expensive medical care to save his life. Today, Nepal must go through state structure to save national unity and to provide people with the power of decision and governance. Dilemmas of Economic development Some decades ago, Madheshi were economically and educationally better in comparison to the people of other part of the country. Unjust policy and discriminatory act of the government did not provide opportunity for growth and development of Madheshi. Further, state exploited and suppressed them. Consequently, today economically and educationally they have been pushed behind. Political power is a great means to gain economy In several countries of the world such as Asia, Africa, Americas, (what I know personally) Indian Diasporas have had economic and educational power of the country, but now they are suffering. In fact, political power, which governs administration, makes policy and manipulates judiciary, is the master of all other powers. Presently, a move for states within Nepal is a shift for sharing state- authority. In the present world, national leaders of many countries misuse power for economical gain. If Madheshi is without administrative and decision making ability then other will snatch their wealth.
  • 28. Water resources and laws There is international law for use and distribution of water resources in case of a river passing through more than one country. There is also law to guide states on the use of water resources if a river passing through several states in a country. Therefore, proposed Madhesh state (comprising of only terai districts) has legal rights in the water of Koshi, Gandaki and Karnali. Autonomous states have justified share in water resources. It doesn’t need to compromise with people’s sentiment and rights. In case of proposed Koshi, Gandaki and Karnali States: • Firstly, Madheshi will not get political power and autonomy in this proposed state structure. • Secondly, they will remain deprived of control. Therefore, justified generated economy will not come to them. Major portion will go somewhere else. • Thirdly for Madheshi, Nepal without state is better than proposed Koshi, Gandaki and Karnali states. In conclusion, it is an economic delusion and dilemma. We must not buy brass in confusion of gold. The top most needs of Madheshi are UNITY & AUTONOMY. Date January 30, 2007 Firing on Madheshi: A Major National Sin – Bindeshwar Prasad Yadav The great leaders of Nepal If, half population of Nepal- Madheshi are asking for their birth- rights in national-life, without hesitation you say them ‘criminal’. There is no change in Madheshi’s condition, whether it was a king rule or the rule of democratic government. The rule of a king like Janak is all right and highly regarded. However, the discriminatory and suppressive ruling of a democratic government is not acceptable. Firing on colonized Madheshi is a major national sin; and the nation cannot escape from the punishment of this sin. A well tested truth is “No king, no prime minister, no leader, can remain in power if he/she sets himself against the people.” Democratic leaders are repeatedly failing in Nepal, because they never set themselves for the people.
  • 29. January 30, 2007 Madheshi-Martyr – Bindeshwar Prasad Yadav “Who is born will die” is universal truth. Great are those, who have death of a brave, a death of sacrifice for their fellow brothers. Mother Madhesh is certainly proud of such brave sons. Every drop of their blood is a milestone of freedom for Madheshi and Madhesh from indirect colonization. Please allow me to quote great Gandhi- address to youth at Varanasi (Banaras) during Indian freedom fight. “If we trust and fear God, we shall have to fear no one,” Gandhi assured them (youths), teaching his passionate message of “love of the country,” and the value of “bravery” and tapas to all the bright-eyed young men, who felt uplifted, instantly inspired by his fearless simplicity, his dauntless courage. “I hope I would be prepared to die,” Gandhi told them, in defense of India’s freedom. “That would, in my opinion, be an honourable death.” The Madheshi-martyr is symbol of fight against untruth, injustice, discrimination and direct/indirect colonization. True homage for them is many more sacrifice of life including me for global peace, truth and human dignity. Date: February 2, 2007 Request for Help (It was emailed during historical Madheshi movement) Madheshi politicians should ask Indian leaders for help. it is based on firm technical reasons. First of all, in international politics neighbour country plays significant role. Madheshi have started peaceful movement for their justified human rights, even though government is killing innocent people. In case of army operation (if happens), there is high probability of high number of casualties. India is our neighbour. Thus, we need to ask for justified political help. Let’s remember the freedom fight of East Pakistan (present Bangladesh). Firstly India recognized, and it was followed by Nepal. Subsequent to credit of both neighbouring countries, Bangladesh got easily acknowledgement from every country of the world. Presently, in Somalia, North West portion (North West Somalia/declared as Somaliland) has a stable government since several years, yet in absence of recognition from neighbouring countries namely Ethiopia, Djibouti and Kenya, has not succeed to receive credit from the globe. Likewise, till 1990, 113 countries of the earth supported Nepal’s proposal of “Peace Zone”. In spite of that it could not go through because neighbour country India was in opposition. Further, Nepalese top leaders, especially Prime Minister usually visit Indian Prime Minister. Therefore, without hesitation Madheshi leaders should request Indian Prime Minister and other national leaders for justified political help in favour of millions discriminated people.
  • 30. Letter I to the Prime Minister of Nepal To: The Honourable Prime Minister of Nepal & The Members of the Parliament (both Upper & Lower Houses) CC: Dear Peoples of Nepal (via electronic media) Date: August 18, 2006 Sirs/Madams Subject: HUMAN RIGHTS FOR HALF OF THE POPULATION OF NEPAL We all are aware with the slogan of the “unification of modern Nepal”; in practice, Indigenous Madheshi* of Nepal are victims of denial of human rights, loss of integrity, racial discrimination, domination and exploitation. Before the unification, in the early nineteenth century, (before 1813) in the Madhesh region, there were several small sovereign states. After conquered by the king, the Madheshi states lost their sovereignty and the people have been subjected to progressive victimization from the denial of citizenship. Millions indigenous Madheshi are without citizenship and as such has ruined their culture in that even the name of Madhesh has been changed to Terai. Further more, an attack on their linguistics and land, pursing deliberate resettlement of non Madheshi in Madhesh, creation of feelings of superiority and inferiority, and further economic exploitation, through ruler’s organized plans and programmes via exercising control over the political, administrative, and social institutions and apparatus have led to a call for the rights of these people.. The region Terai, (Madhesh), contributes 70% of the national economy, and in return government provides only 16% of the reserved fund for the development for the Terai, where half of the country’s populations live. Analysis of the facts related to the Madheshi doesn’t show the spirit of unification, but it best reflects the shadow of colonization. Nepal is a member state of the United Nations Commission on Human Right. However, in spite of that, with reference to Madheshi, till date it has disrespected and violated the treaty of Human Right Convention (No. 169) concerning Indigenous and Tribal peoples in Independent countries. For the promotion of world peace and co-operation, United Nations advocates and assists all people have an inalienable right to complete freedom, self- determination, and the ability to exercise their sovereignty and integrity. In past, people movements have brought shifts of power from the king palace to the elected –people in parliament; but none of the governments has tried to provide justice and human rights to the thirteen million Madheshi people of Nepal. Presently, it is clearly visible that the “Neglect/ Inaction of the Government is invitation of another unfortunate crisis in Nepal.” In the way forward to the solution of the problem, we would support the idea of (i) Federal system of the Government with Madhesh autonomous region, (ii) According to population proportion representation, employment and development opportunity to Madheshi. (iii) In addition, we propose the transformation of armed forces; Nepal army, Maoist army, and proposed Madhesh Army into ‘Reconstruction &
  • 31. Developmental force’; and for the time of need, United Nations Peace keeping force can be requested. We believe timely appropriate action will create an atmosphere of equity and integrity in the spirit of brotherhood and sisterhood. May God bless Nepal? May God bless Madhesh? Sincerely yours Bindeshwar Prasad Yadav bpyadav66@yahoo.com bpyadav66@hotmail.com For details and references, please find attached: (i) Article by Divita Mehta, Madhesh Ethno; and (ii) Article by Shree Govind Shah, Social inclusion of Madheshi community in nation building. (iii) Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries. * Madheshi are indigenous people of Nepal since ancient time, who inhabitated the Southern part of Nepal of Madhesh (presently known as Terai) from East to West in between the northern Indian boarder and foothills. They resemble Indian’s physical appearance; and constitute half of the population of modern Nepal. Complaint Petition to the United Nations Office of the High Commissioner for Human Rights Background The voice of Madheshi leaders was confined within national boundary of Nepal. World was unknown with suffering of million Madheshi. In 2005, in Port of Spain, (I was working there) the problem was shared with Mr. Claudio Providas, Resident Representative United Nations Development Programme, Trinidad and Tobago. He assured to support. In 2006, after establishment of people’s interim government, Prime Minister of Nepal requested United Nations for support. On August 3, 2006, an email titled ‘Police brutality to Madheshi at Dhanusha’ reached to us. On the same day through email I proposed the idea to take Madheshi issue to United Nations. I received emails conforming the proposal on August 5, 2006. With aim to internationalize the Madheshi issue, to draw the attention of United Nations and human rights organizations towards violation of human rights of half of the population (Madheshi) in Nepal, a formal complaint petition to the United Nations Office of the High commissioner for Human Rights, Geneva was written; and on October 10, 2006; it was emailed to urgent-action@ohchr.org . The content of the petition is on the following page. Further, it was followed and CC was referred to: CC: urgent-action@ohchr.org, tb-petitions.hchr@unog.ch, registry.np@undp.org, registry@undp.org.tt, claudio.providas@undp.org.tt
  • 32. Date: October 10, 2006 To: OHCHR- UNOG 8 – 14 Avenue de la Paix 1211 Geneva 10 Switzerland Email: urgent-action@ohchr.org Fax: + 41 22 917 90 06 From: Dr Bindeshwar Prasad Yadav United Nations Volunteer Medical Doctor (First name: Bindeshwar) Nationality: Nepalese Date and place of birth: July 28, 1956, Nepal Address for correspondence: 63, Park Street, Port of Spain, Trinidad and Tobago Email: bpyadav66@yahoo.com, bpyadav66@hotmail.com Phone: 01868-744 6046 Sir/Madam Re: HUMAN RIGHTS OF INDIGENOUS MADHESHI IN NEPAL Summary In present Nepal, indigenous Madheshi people, who constitute approximately half of the population of the nation, are living as second class citizen or colonized person. Millions are without citizenship. The State had has compelled them to suffer economically, politically, socially and emotionally. Their language and culture have been eroded.They are excluded significantly from policy and decision making; as well as from administrative and judiciary frame work of the government. They are victims of discrimination in employment in government sectors; and are not allowed employment in the arm force. State had has been sponsoring and supporting internal migration of non- Madheshi people in the Madhesh land. The state has violated following articles of “Convention (No. 169) concerning Indigenous peoples in Independent Countries”: Articles: 2.1, 2.2©, 3.1, 4.3, 6(b), 6(C), 7.1, 14.2, 16.1, 17.3, 18, 20.2, 26, 28.1, 28.3, 31, and 32. Now, Madheshi people are demonstrating and demanding: for Citizenship to all deserving Madheshi before elections for the Constituent Assembly’ (CA); establishment of Federal, Democratic Republican political system; proportional representation in all state structures; and in the CA election. A fraction of Maoist, composed of Madheshi youth, called “Terai Janatantrik Mukti Mocha’’ is demanding for ‘Independence’ that has imposed a threat of new armed revolt. Timely intervention of United Nations is extremely needed to provide human rights to Madheshi population to prevent a new cycle of violence and to establish the peace in Nepal. Information on the complaint: I am a Nepalese national, and belong to Madheshi community. Presently, I am an International United Nations Volunteer Medical Doctor for United Nations Development Programme, in Trinidad and Tobago; and am assigned to the Ministry of Health, Port of Spain. From history Until 1769, present – day Nepal was composed of small independent states and principalities of different ‘nationalities’; and it was only in the 1930s that the Nepalese government
  • 33. began to adopt the name ‘Nepal’ in an attempt to make it a modern state (Shrestha BG 2004). Modern Nepal is a result of conquest by Gorkhali kings over sixty principalities during the period from 1768 to 1813. All of these principalities resembled nation-states as they fulfilled all the criteria of nationhood: language, religion, culture, territory and a history of nationhood (Mehta D 2006). In 1813, the king conquered a large low land area called Madhesh, and included into the kingdom (Shah, G. S. 2006). The choice of the word ‘unification’ rather than ‘conquest’ was used to describe the expansion of Gorkhali power of Nepal (Whelpton 2006). Madhesh and Madheshi • The southern part of Nepal that is lowland between the boarder of Indian states of West Bengal, Bihar, Uttar Pradesh and Uttranchal, and hill-foot, presently called Terai of Nepal; historically known as Madhesh. • Its Indigenous population is called Madheshi, who resemble Indians in physical appearance; and constitute approximately 40-50 percent of the population of Nepal. They include different culture and linguistic groups- Maithili, Bhojpuri, Awadhi, Tharu, and also some tribal groups. • The domestic economy of Nepal depends overwhelmingly on this region that forms its industrial hub with more than 70-80 percent of all industries located in this region. Its agricultural bowl produces more than 65 per cent of the nation’s food grains. • Before the quest, 1813, there were several small principalities or republics in the Madhesh region. The Nepal rulers treated the Madheshi people as second class citizens or colonial subjects, and suppressed them particularly in four areas: i. denying employment in the army overtly, and other government services covertly; ii. Capturing their land iii. Disempowering through restrictions in the use of their languages and practice of their customs; iv. Denying citizenship right. As a result, the Madheshi are suffering economically, politically, socially, and emotionally (Neupane G 2006). Prachanda said, “Expressing sadness over the fact that Madheshi are living like second class citizens in the country despite being an indigenous group, he said, “Our party started the campaign of liberating Madheshi and making them masters of the state right from the first year of the people’s war (Prachanda 2006).” • Tarai (Madhesh) contributes 70 percent to the state’s economy while the government only gives back 16 percent of the funds reserved for development (Lal, C.K. 2003). • The practice of the State with Madheshi population matches with the criteria of colonization (Yadav, B.P. 2006). Overall, evidences support that in Nepal, Madhesh and Madheshi are treated as if colonized under the cover of unification. State concerned/Articles violated Name of the State that is either a party to the Optional Protocol (in the case of a complaint to the Human Rights Committee) or has made the relevant declaration (in the case of complaints to the Committee against Torture or the Committee on the Elimination of Racial Discrimination): (A) For Indigenous Madheshi, Government of Nepal had has violated the followings: Articles of the Covenant or Convention alleged to have been violated: Following articles of “Convention (No. 169) concerning Indigenous and Tribal peoples in Independent Countries” are violated: Articles: 2.1, 2.2©, 3.1, 4.3, 6(b), 6(C), 7.1, 14.2, 16.1, 17.3, 18, 20.2, 26, 28.1, 28.3, 31, 32. (B) State Nepal is treating Madhesh and Madheshi as if colonized.
  • 34. Exhaustion of domestic remedies Steps taken by or on behalf of the alleged victims to obtain redress within the State concerned for the alleged violation – detail which procedures have been pursued, including recourse to the courts and other public authorities, which claims you have made, at which times, and with which outcomes: • The Madhesi issue is as old as the emergence of Nepal’s democratic movement in 1950s; major grievance of that time was the imposition of Nepali as medium of education. In the mid-1970s and 80s, issues of citizenship and ‘work permit’ were the major problems for the Madhesis. For the last fifty years, they have been raising their voice against alleged ‘discrimination’ by the state, yet their problems remained unresolved (Yhome K 2006). • The marginalized socio-cultural groups have repeatedly protested against various articles of the 1990 Constitution that they claim discriminate against them (Lawoti 2006). • The Madhesis have demanded easy availability of citizenship certificates, constitutional recognition of the Hindi language, 50 percent reservation for Madhesis in government, and semi-government jobs, mass requirement in the army, land to the landless and demarcation of an electoral constituency based on the population and geographical and cultural uniformity (Hindustan Times 2003). Application to other international procedures I have not submitted the matter for examination under another procedure of international investigation or settlement. Facts of the complaint • Madheshis are treated as second class citizens or like colonial subjects. • Millions are the victim of denial of citizenship of Nepal. • State had has compelled them to suffer economically, politically, socially and emotionally. • Their language and culture have been eroded. • They are significantly excluded from the policy and decision making; as well as from administrative and judiciary frame work of the government. • They are victim of discrimination in employment in government sectors. • They are not allowed employment in the country’s arm force. • Their lands have been captured in different ways by the states and relatives of rulers. • State had has been sponsoring and supporting internal migration of non-Madheshi people in the Madhesh land. Demand of Madheshi people • Citizenship to all deserving Madhesis before elections to the Constituent Assembly’ (CA), • Establishment of Federal, Democratic Republican political system • Proportional Representation for Madhesis in all state structures • Proportional Representation for Madhesis in the CA election • Tarai Janatantrik Mukti Morcha demands ‘Independence of ‘Madhesh’. Present Situation Part I • In principle, Government of Nepal has agreed to amendment in the rule for citizenship. It looks; hopefully, it will solve citizenship problem at large. • Hot discussion is going on about the language issue. • In principle, Government has agreed to recruit Madheshi youths in armed forces. But, the burning issue is how many and when? • In principle, the Government has agreed for federal system of state. The government wants to divide the
  • 35. Madhesh region. Madheshis feel that it is a divide and rule policy; therefore, divided Madhesh is unacceptable. • Madheshis are doing demonstrations for their demands. Part II (For Independence of Madhesh ) • “He (the leader) told a group of journalists, "We are fighting for independence because we have been discriminated against for too long! (Pradhan S 2006)". • Madheshi youth feel that they have been colonized; and their homeland is a colony under the rulers of Nepal. • In the terai (Madhesh), a violent hate triangle has been under play since 2004. The three players are the Nepal army (and other parts of security apparatus), the Maoists, and the secessionist Tarai Janatantrik Mukti Morcha (TJMM), a breakaway fraction of the Maoists. TJMM recruits more members in its ranks and wages a war for secession much similar to the Tamil tigers. As it is, there is already a Tarai Tigers (Tigers in the plain 2006). • While the Maoist insurgency, that unsealed a decade- old cycle of violence in Nepal and killed over 13,000 people, is heading for resolution, a new armed revolt is threatening to take place in the terai region of Nepal (Hindustan Times). • The situation reflects that without complete liberation, the problem of Madhesh will not be solved; and violence will be continued. • Overall the situation may impose another cycle of violence in Nepal; and it will cause more life lost than it had happened in Maoist insurgency. We request for assistance to support that Madhesh and Madheshi people can avail their human Rights that only will prevent further violence, and promote peace in Nepal. For any further information, please contact us without any hesitation. Looking forward to your positive response. Kind Thanks and best regards, Sincerely yours, (Dr Bindeshwar Prasad Yadav) Checklist of supporting documents: A Map of Madhesh (Tarai) in Nepal (pdf) A copy of first page of my Passport Demonstrations http://demrepubnepal.blogspot.com/2006/09/hands- off-madhesi-activists.html Hindustan Times (2003) “Nepalese discrimination against people of Indian Origin.” Indo-Asian News Service. Kathmandu, December 28. Accessed on December 28, 2003. http://www.hindustantimes.com/online Hindustan Times. 2006. “Discontent brewing in Nepal's terai region”, August 17, 2006. http://www.hindustantimes.com/news/7598_1770329,000500020003.htm Lawoti, M. 2006. The constitution as the source of exclusion https://madhesi.wordpress.com/2006/08/19/the-constitution-as-the- source-of-exclusion-4th-chapter/ Mehta, D. 2006. Democracy is incompatible with the concentration of power. https://madhesi.wordpress.com/2006/08/19/democracy-is- incompatible-with-the-concentration-of-power/ Neupane, G. 2006. Madheshies: colonial subjects or masters of their destiny? http://parivartannepal.blogspot.com/2006/08/madheshies-colonial- subjects-or.html Prachanda. 2006. Kantipur. ‘Beware of peddlers of Madhesi right’ eKantipur.com http://www.kantipuronline.com/kolnews.php?&nid=80143 Pradhan S. 2006. Politics- Nepal: And Now Ethnic Separatism http://www.ipsnews.net/news.asp?idnews=34406
  • 36. Pradhan S. 2006. Tarai on a slow burn http://madhesi.wordpress.com/2006/08/21/tarai-on-a-slow-burn/ Shah, S.G. 2006. Social inclusion of Madheshi community in nation building https://madhesi.wordpress.com/2006/07/27/social-inclusion-of- madheshi-community-in-nation-building/ Shrestha, B. G. 2003. “Ethnic Nationalism in Nepal.” IIAS Newsletter, March 2003. http://www.iias.nl/iias/show/id=41332 Tigers in the plain http://nayanepal.blogspot.com/2006/08/tigers-in- plains.html Whelpton 2006. http://madhesi.wordpress.com/files/2006/08/a-history-of-nepal- cambridge-university-press.pdf Yadav, B.P. 2006. Is Madhesh a colony? http://demrepubnepal.blogspot.com/2006/08/bindeshwar-prasad- yadav-is-madhes.html Yadav, B.P. 2006. Human rights for half of Nepal http://demrepubnepal.blogspot.com/2006/08/bindeshwar-prasad- yadav-human-rights.html Yadav, B.P. 2006. Separatism or Freedom https://madhesi.wordpress.com/2006/08/30/separatism-or-freedom/ Yadav, B.P. 2006. Prachanda on Madheshi: Time to Test https://madhesi.wordpress.com/2006/09/04/time-to-test/ http://demrepubnepal.blogspot.com/2006/09/bindeshwar-prasad- yadav-prachanda-on.html Yadav B.P. 2006. Nepal: Restructuring of the State http://madhesi.wordpress.com/2006/09/07/nepal-restructing-of-the- state/ http://demrepubnepal.blogspot.com/2006/09/bindeshwar-yadav- restructuring-of.html Yadav R, P. 2006. Facts and Figures on Madhesi Marginalization (Caste/Ethnic representation in His Majesty’s Government at policy level in Nepal) http://demrepubnepal.blogspot.com/2006/08/dr-ram-prakash-yadav- facts-and-figures.html Yhome. K. 2006. Madhesis: A Political Force in the Making? https://madhesi.wordpress.com/2006/07/16/madhesis-a-political-force- in-the-making/
  • 37. Letter to the Prime Minister of India (With aim to inform world dignitaries on violation of Madheshi human rights in Nepal, I have written letter to the Indian President, the Indian Prime Ministers, the President of China, the President and Vice President of USA, the Prime Minister of UK and several others. For example, below is the letter to the Indian Prime Minister) Date: December 14, 2006 Honourable Prime Minister of India Government of India New Delhi Ufs: The High Commissioner Indian High Commission Port of Spain Dear Sir Re: Support of the Government of India for “Human Rights of Indigenous Madheshi in Nepal” I am a Nepalese citizen belonging to Madheshi community, and presently serving as International United Nations Volunteer in Trinidad and Tobago. Unrest in Nepal is world known. With reference to above subject, Madheshi population has been treated as second class citizens or colonized people by the state. The State’s practices have had has compelled them to suffer economically, politically and socially. The state has violated following articles of human rights “Convention (No. 189) concerning indigenous people in independent countries”: Articles 2.1, 22(c), 3.1, 4.3, 6(b), 6 (c), 7.1, 14.2, 16.1, 17.3, 18, 20.2, 26, 28.1, 28.3, 31, and 32. Now, Madheshi people are demanding their human rights. A revolutionary group called “Tarai Janatantrik Mukti Morcha (Tarai Janatantrik Liberation Front) is campaigning for Independence and as said there is now a threat of new armed revolt. . . Regarding this on October 10, 2006 I have communicated through email to the Office of the United Nations High Commissioner for Human Rights Geneva (a copy of complaint with CD containing details) is attached. We (Madheshi Community) are looking forward for the support of the Government of India in seeking the Human Rights of Madheshi people in Nepal to prevent further violence and establish peace in Nepal and in the region. Sincerely yours Dr Bindeshwar Prasad Yadav 63, Park Street, Port of Spain Cell: 744 6046 Email: bpyadav66@yahoo.com
  • 38. Letter II to the Prime Minister of Nepal December 29, 2006 To: The Honourable Prime Minister Government of Nepal The Honourable Members of the Parliament The respected people of Nepal (Via electronic media) Sirs/Madams Re: Peace and Madheshi Rights in Nepal History is witness that Madheshi are victim of state caused injustice since centuries; and are living as colonized on their own motherland. Colonization has come to end to the most part of the world. In Nepal, now, no force can continue it. Who is responsible for the new emergence of racial-unrest? No one is responsible as individual. The responsibility lies on untruth, unjust, and unrighteous state-policy and state-actions. Peace can be restored by justice and righteousness that emerge from truth. Present growing hatred, killing and violence among national brothers remind me the scenario of epic Mahabharata. It brings the remembrance of great leaders of the kingdom like Bhishma, Drona, Karna, Kripacharya etc., who kept watching the prevailed unjust and unrighteous actions of the ruler Kaurava over truthful and righteous Pandava, and did nothing for correction. They all failed to prevent, as well as, to win the battle of Mahabharata, because they were by the side of untruth, injustice and unrighteousness. It was possible for the grand to prevent the large number of life lost in that battle. Truth, justice and righteousness must prevail. Time has changed. This moment has brought complete human rights to the Madheshis. None can stop it. Only we can prevent growing hatred, violence and killing. Sooner, their full rights will be delivered in the light of United Nations Human Rights declarations; the peace will prevail in the country. Everyone will live together in the spirit of national brotherhood and sisterhood. If it is delayed it will facilitate growth of hatred and violence We must learn from our own country- happenings in recent years. In favour of united and peaceful Nepal, in the spirit of humanity, as soon as possible Madheshis should be honoured with their human rights in light of truth, justice and righteousness. May God bless Nepal! May God bless Madhesh! Truly yours Dr Bindeshwar Prasad Yadav
  • 39. Letter to the United Nations Secretary General (Historical Madheshi movement was going on. Soldiers were not hesitating to kill demonstrators. With aim United Nations advices Nepal government to stop innocent killing I wrote this letter to United Nations Secretary General.) Date: February 1, 2007 Mr. Ban Ki-moon United Nations Secretary General Your Excellency Re: Nepal Government Sponsored Violence against Madheshi in Nepal Over ten million Madheshi people of Southern Nepal thank United Nations for investigation and recognition of longstanding discrimination and oppression done by Nepal Government. In January 2007, the meeting of the United Nations High Commissioner for Human Rights (UNHCHR) Ms Louise Arbour with Nepal’s Prime Minister Girija Prasad Koirala, to address longstanding discrimination and social exclusion of Madheshi is significant. However, since last week of January 07, Nepalese police/army is attacking on peaceful colonized Madheshi-demonstrators who are raising voice for their human rights. That has brought over fifteen deaths and several hundred injured. Killing of innocent Madheshi people by Nepalese police/army has created a terrified situation, as well as, has converted a holy peaceful Madhesh into a battlefield. It has created a scene of insecurity, as well as, rebellion attitude among Madheshi- youths that is quite natural, but it is detrimental to the peace process in Nepal. Continuation of prejudice and injustice; and use of arms by the Nepal- government will create crisis in the country. In lack of urgent and effective measures, there is no doubt; Nepal will be included in near future, into category of Somalia and Sri Lanka. To prevent the crisis in Nepal, for Human Rights, Justice and establishment of Peace following are suggested measures: 1. Immediate stoppage of use of arms against peaceful Madheshi-human rights- demonstrators/protesters. 2. Formation of Madhesh Peace Force (Madhesh Shanti Sainik). 3. Formation of Madhesh Peace Police (Madhesh Shanti Sipahi). Looking forward for assistance of United Nations to bring to end government sponsored violence and discrimination against Madheshi in Nepal. Thanking you for your continued support. Sincerely yours Dr Bindeshwar Prasad Yadav (Nepal citizen) bpyadav66@yahoo.com, United Nations Volunteer Trinidad and Tobago CC: urgent-action@ohchr.org, tb-petitions.hchr@unog.ch registry.np@undp.org registry@undp.org.tt claudio.providas@undp.org.tt
  • 40. November 18, 2006 Madheshi Right: To Strengthen National Unity – Dr Bindeshwar Prasad Yadav Demand for participation in national main stream by Madheshi is human rights, as well as, it is a philosophy of human life for peaceful co-existence. It is neither a racial issue nor an intension of cessation. It is simply a firm voice for justice and human rights for those, who are victim of injustices, suppression, discrimination and denial. It is an intervention for bridging the gap between over advantaged and disadvantaged for strengthening of co- existence of different ethnic and cultural people in peace and harmony. I think it is worthwhile to mention some of my experiences in service and social contexts. I, in 1984, first joined government service in Gorkha (a hilly district). It was followed by Siraha (a Madhesh area), Dharan (a hill foot land), Kathmandu (valley), Salyan (remote hilly district) and Jumla (mountain). In fourteen years of my service-journey, I less than two years was in Siraha and Kathmandu combined. More than twelve years I worked in hills, hill foot and mountain. I came across many people, different cultures and variety of experiences. Struggles and solutions were my close friends. Overall, I think how fortunate I was! A great opportunity for desh darshan (country visit)! I was privileged to visit Mansarovar (largest lake in the world at that height) and Kailash (abode of lord Shiva as Hindu mythology). Almighty God granted me more than what human beings snatched from me. As far as my social experiences are concerned, even today, being physically apart from several hilly friends for several years, in my heart tender feelings are alive; in mind pure sounds are ringing. All are symbols of selfless friendship and cordial relation. We all are in professional and social network. It is great that the whole nation has realized the suffering and suppression of Madheshi. Now, the time has come to put the realization into practice. Past ten years of Maoist insurgency has taught Madheshi a lot. Justified proportional representation of Madheshi in all dimensions of country profile has become prerequisite for peaceful and respectful coexistence. It has appeared as test for national political leaders. It is a test of top leaders for ‘Power lust’ or ‘Power just’. If national unity is not strengthen then top leaders will be responsible, as king Gynendra is responsible for the present condition of the state. In case, people fail to live as brothers; situation might be compelled to live as neighbours for peace. May God bless us all! (Complete names are not written in light of individual’s confidentiality and respect.)
  • 41. Date: Feb 6, 2007 Nonviolence Must be Practiced – Dr Bindeshwar Prasad Yadav (It was emailed during historical Madheshi movement) There is no doubt that present world is fairer than it was in the past. Day by day it is progressing towards better justice. Justice must prevail. “Truth must prevail. Justice must prevail.” This is the basis that people have overpowered king- rule in Nepal. Next truth, in context of Nepal, is indirect colonization of approximately half the country's population. On the basis of same principle “Truth must prevail; Justice must prevail” indirect colonization of Madheshi must come to end. What the Madheshi movement is about • Have you asked your inner being (your soul) what the Madheshi movement is about? Present Madheshi movement is against discrimination and exploitation. Government media is imposing that it is for a separate country. I would like to ask those who believe or think like this. Is a separate country “Madhesh” the best option? In my opinion, NOT. The best option is true unified Nepal with autonomous Madhesh. On the other hand, the worst option is present state, where Madheshi is discriminated and humiliated. Fortunately, Madheshi people have awakened and proved capability to avail their human rights. Now, Madheshi will not accept on going discrimination. Issue is very clear. Will rulers' offer Madheshi justified rights? If, yes. Certainly people will go for the best option- living peacefully in true unified Nepal. If, not. It will be compulsion for Madheshi to go for complete freedom, a sovereign state that is neither desirous nor the best, but will be a compulsive option. Unfortunately, the state rulers will be whole responsible for this. If the process of delivery of autonomy of Madheshi is done sooner and smoothly in light of United Nations Human Rights declarations, Nepal will be transformed into a true and real unified state and people will live together peacefully in the spirit of national brotherhood/sisterhood. On the other hand, if government sponsored killing of innocent people and damage of people's property will continue then jealously, hatred and enmity will grow. As result united Nepal will not possible. Madheshi-martyrs In the world, many people are dying daily due to diseases, accident, homicides and suicides. But, those Madheshi who are getting bullet are not dying. They are immortal. They are great soul. Service to distressed Madheshi is service to Almighty God. Their souls are united with the Supreme soul. They are in peace. Nonviolence must be practiced Violence favours none. Nonviolence favours everyone. Present state sponsored violence in southern Nepal/Madhesh is shame