By Sonal Singh, Khagendra Dahal, and Edward Mills Originally Published: Conflict and Health (2005)

Abstract

Over a decade of "People’s War," Nepal has witnessed severe human rights violations, including arbitrary arrests, "disappearances," extrajudicial executions, and torture perpetrated by both the Royal Nepalese Army and Maoist rebels. Women and children have borne the brunt of the conflict, with massive displacement leading to adverse psychological consequences. While the conflict is rooted in socio-economic inequities, remedies must involve broad social policies and conflict-sensitive development. The international community must use its leverage to urge both sides to honor international humanitarian laws and prosecute those responsible for abuses.

Introduction: Inequities at the Root of Conflict

Nepal remains one of the world's poorest nations, with a gross national income of US$240 per person [2]. While the conflict is politically charged, its roots lie in staggering disparities:

Health Inequity: The under-five mortality rate (U5MR) for children of uneducated mothers is 121 per 1,000 births, nearly double that of mothers with secondary education [5].

Geographic Divide: U5MR in urban areas is 93.6 per 1,000, but jumps to 201 per 1,000 in mountainous regions [5].

Caste and Hierarchy: The Human Development Index (HDI) closely tracks caste hierarchy, with Brahmans and Newars well above the national average, while Dalits (untouchables) and Muslims remain marginalized [7].

Human Rights Abuses: Torture and Disappearances

Nepal held the highest number of reported "disappearances" globally in 2003 and 2004 [13]. According to INSEC, nearly 3,000 people were killed and 26,000 abducted in 2004 alone [14]. Torture is systemic; more than 70% of Nepalese prisoners claim to have been tortured while in custody [15].

The state has also targeted health professionals. Government directives under the Terrorist and Disruptive Activities Ordinance (TADA) warn that doctors treating "terrorists" without notification will be prosecuted as supporters of terrorism [22]. This forces medical professionals into an impossible ethical dilemma, violating World Medical Association standards.

The Impact on Vulnerable Populations

Women: Political violence has exacerbated the trafficking of 5,000 to 10,000 girls annually to Indian brothels [27].

Children: Maoists previously utilized children for propaganda but shifted to mass abductions of students as young as 12 for guerrilla warfare training [32].

Refugees: Between 100,000 and 200,000 Nepalese are internally displaced (IDPs), often ignored by state social protections [33].

Conflict-Sensitive Development

Development assistance has paradoxically exacerbated the conflict by favoring urban centers and raising expectations that the state cannot meet. Humanitarian relief must be distinguished from development agendas to maintain neutrality [41]. "Conflict-sensitive development" is required to ensure that aid does not inadvertently fuel existing social inequities.

Recommendations

Compliance: Both sides must comply with Article 3 of the Geneva Conventions, outlawing summary executions and torture.

Monitoring: Ensure full, unimpeded access for the Office of the High Commissioner for Human Rights (OHCHR) and the ICRC to all detention centers.

Accountability: Implement a human rights accord that allows for the investigation of abuses and prosecution of perpetrators according to international fair trial standards.

References

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