1. EXECUTIVE SUMMARY
Since October 2005, Nepal has seen major political changes. On 24 April a people's movement involving massive nationwide protests and strikes resulted in the announcement by King Gyanendra of the return of power to the people and the reinstatement of parliament.
The protests followed a 12-Point understanding reached between the Seven Party Alliance (SPA) of agitating political parties and the Communist Party of Nepal – Maoist (CPN-Maoist) in November 2005. An earlier unilateral ceasefire was ended by the CPN-Maoist in January to destabilise the 8 February municipal elections, called by the King. The SPA also opposed these elections and actively boycotted them.
Since the April movement both sides have announced ceasefires and engaged in peace talks. In a less positive vein, the new Finance Minister has announced that the Government is effectively bankrupt.
Whilst the political changes have brought obvious improvements in the overall security situation across the country, the CPN-Maoist continues to maintain effective control over the majority of the countryside, refusing access to many service providers from the Government.
Reports of abductions, extortion and recruitment by the CPN-Maoist have increased and attempts to interfere in the humanitarian and development programmes have continued. Due to security concerns, for the time being most persons displaced by the conflict have been reluctant to return.
New emergency food and nutritional programmes have been initiated in 10 districts of the mid and far west to address emergency needs related to drought. Other recent assessment missions have found startling levels of malnutrition in lowland Terai districts, where wasting has been found to be as high as 20% amongst children under five years old.
A recent study by United Nations Children's Fund (UNICEF) puts Nepal amongst the 10 most-affected countries for victim-activated explosions, ranking higher than Chechnya. In 2005 there were 142 reported casualties with the second highest proportion of child casualties in the world.
The capacity to respond to conflict and natural disasters is not yet fully established. The ability to support essential services in areas where the conflict has been most devastating has also been compromised by the limited availability of new funds.
Although the present political environment is a positive development, many obstacles are yet to be overcome before lasting peace can even be foreseen. Meanwhile, the needs of the population, especially in the remotest areas, still require careful monitoring and bold responses by the specialised agencies. Efforts to ensure operational space, access and safety of aid workers and independent needs-based interventions have to increase.
At the time of the preparation of this Mid-Year Review, the CAP has been funded at 59% of the total requested. The protection sector has been relatively well funded – though major gaps remain in all other areas, especially with respect to child protection requirements. The revised requirements for this Appeal are of US$ 68,440,750 (1), out of which unmet requirements, for the remainder of 2006, total $ 28,090,033.
2. CHANGES IN CONTEXT AND HUMANITARIAN CONSEQUENCES
King Gyanendra's address on 1 February reaffirming the royal takeover as a means towards restoration of democracy, as well as the highly opposed 8 February municipal elections, triggered an escalation of the conflict across the country.
However, only a few months later an understanding between the main political parties and the CPN-Maoist reached in November began to prove fruitful.
Nineteen consecutive days of nationwide pro-democracy strikes and protests called by the SPA and supported by CPN-Maoist, brought hundreds of thousands of people on to the streets throughout the country in defiance of curfews imposed by the Government in Kathmandu and some other towns. 21 protesters lost their lives due to violent reprisals and hundreds were injured.
On 24 April King Gyanendra appeared on television to announce the reinstatement of the dissolved House of Representatives (HoR), expressed condolences for all those who had lost their lives in the people's movement, and handed sovereignty back to the people. This followed an attempt by the monarch a few days earlier to end protests by inviting the SPA to nominate a new Prime Minister, an offer that was rejected.
The HoR met for the first time on 28 April and announced plans to work towards the formation of a constituent assembly – a longstanding demand of the CPN-Maoist. The HoR also removed a 'terrorist' label from the CPN-Maoist.
The CPN-Maoist declared a unilateral ceasefire for three months on the day before the first sitting of the HoR, which was reciprocated by the Government on 3 May for an indefinite period.
On 19 May the HoR formally removed references to the palace in the name of the Government and army - renamed as the Government of Nepal (GoN, formerly His Majesty's Government) and the Nepali Army (formerly Royal Nepal Army). Nepal was also declared a secular state, with nondiscriminatory citizenship rights for women. Many appointments made during the royal regime were annulled, including those from the February municipal elections, and twelve Ambassadors were recalled.
The first round of peace talks between the CPN-Maoist and the SPA Government took place in Kathmandu on 26 May resulting in a 25-point Code of Conduct (included as Annex II). As a result, CPN-Maoist cadres started moving freely in urban areas, opening offices and holding mass rallies, including a first-ever in Kathmandu on 2 June joined by an estimated 500,000 cadres and supporters.
A number of discussions between the UN and the Government have taken place to understand the ongoing process and express readiness by the organisation to support in any way needed. While preparing this MYR, initial discussions have suggested possible roles to support arms management and Disarmament, Demobilisation and Reintegration (DDR). No formal request had yet been made by the Government to the UN.
Security
Whilst the conflict was at a peak during the first few months of the reporting period there have been very few incidents since the declarations of ceasefire. The Nepali Army has reportedly remained largely in its barracks. However, urban centres including Kathmandu have seen an increase in criminal activity, including daylight robberies in banks and civilian houses. In addition, 142 civilian injuries and deaths have been caused from the unintentional explosion of Improvised Explosive Devices (IEDs) in 2005 alone, out of which 80 were children.
The reach of the state
Despite the two unilateral ceasefires much of the countryside has remained a no-go area for many civil servants, including Village Development Committee (VDC) secretaries and other service providers, who generally remain displaced in district headquarters, prevented from visiting their assigned areas by the CPN-Maoist.
Operational Space
In December 2005 the CPN-Maoist leadership followed an earlier statement by the Government Nepal in publicly accepting the Basic Operating Guidelines (BOGs) of both the UN system and of the bilateral donors. Since the two unilateral ceasefires were declared, physical access to remote areas of rural districts has improved - thought to be partially due to the new presence of CPN-Maoist cadres in district headquarters. Despite this, true 'operational space' for humanitarian and development organisations remains a major challenge with new incidents of CPN-Maoist attempting to dictate geographic areas for development agencies to work in, and the continued regular demands for agencies to register programmes and pay 'donations'.
Protection
The installation of a new government and subsequent developments has resulted in some improvements in the human rights situation, particularly with regard to freedom of assembly and expression. Several hundred detainees suspected of involvement in the CPN-M and held under Terrorist and Disruptive Activities Ordinance (TADO) have been released, including juveniles, and there has been a sharp reduction of detention in army barracks. The Government has announced the repeal of several pieces of legislation, which curtailed human rights, including the Media Ordinance The ceasefires announced by the two parties to the conflict have drastically reduced the number International Humanitarian Law (IHL) violations by both sides.
Nevertheless, the Office of the High Commissioner for Human Rights (OHCHR) and other organisations have raised a number of continuing concerns with regard to basic human rights and international humanitarian law by both parties to the conflict. Reports of cases of abduction, extortion and also some recruitment of children by the CPN-Maoist have continued during the entire period. Of particular concern has been a spate of abductions by the CPN-Maoist since late April 2006 where the victims have subsequently been found dead.
The issue of impunity and accountability for past abuses committed by both sides remains pending, including the clarification of the whereabouts of several hundred detainees who disappeared in the years prior to 2006, although the new Government has started to take some initiatives to clarify individual cases of disappearances. More long-term concerns such as gender and caste-discrimination also need to be more fully addressed.
Displacement Dynamics
Confusion over the definition of an Internally Displaced Person (IDP) in the Nepali context persists. The definition stated in the Government's Internally Displaced Persons' Policy of March 2006 fails to include those displaced by threats and those displaced by state actors. The United Nations aims to assist the current Government prepare a new policy in line with the United Nations Guiding Principles. An IDP Protection Sub-Group of the Human Rights and Protection Working Group has been established and is co-chaired by OHCHR and United Nations High Commissioner for Refugees (UNHCR).
Post-ceasefire, limited returns have been taking place, a number of them facilitated by local human rights organisations. Many displaced are not yet ready to return due to security concerns. Promotion of proper return conditions must address issues such as food security, shelter, income opportunities, property restitution, compensation, and most importantly, physical security against further human rights violations.
Economy
The new Government announced shortly after taking office that the state was effectively bankrupt. According to the Asian Development Bank (ADB), Nepal's total debt in 2005 increased to $ 271,400,000 with Gross Domestic Product (GDP) growth in 2006 expected to be only 2.3%. This figure could have been negative were it not for the increased remittances from overseas, resulting from the massive numbers of young people leaving Nepal to escape the effects of the conflict or seeking better economic opportunities. A poor harvest and high defence spending have added to the economic difficulties facing the new Government.
The current Finance Minister has appealed to the international community for $ 1.2 billion for relief and rehabilitation. A number of donors have announced that funds previously frozen after the royal takeover in February 2005 will be released.
A recent visit to New Delhi by Nepal's Prime Minister resulted in the signing of a new aid package worth $ 2.1 billion, including an immediate unprecedented grant of $ 22,000,000 for budgetary support.
Drought
World Food Programme (WFP) conducted a food/vulnerability assessment in northern mid and far western drought-affected districts and found 10 districts needing an emergency food intervention (2). Action Contre la Faim (ACF) conducted a nutritional assessment in selected VDCs in Humla and Mugu districts (the same region) indicating high levels of malnutrition, in particular in children below 24 months of age. To address the issue of food insecurity and malnutrition, WFP, ACF and the Food and Agriculture Organization (FAO) are launching an emergency 'Food for Work' operation in those 10 districts, to provide assistance to 225,000 beneficiaries over a period of three months.
Nutrition Survey
UNICEF conducted a series of district nutrition surveys in Kanchanpur, Sankhuwasabha, Baitadi and Surkhet districts. Wasting was found to be particularly high in Kanchanpur district - above 20%. A follow up study on the underlying causes was conducted, indicating that the high rate of malnutrition is caused by inadequate childcare, especially feeding practices, as opposed to food shortages.
Inter-Agency assessments
IDP assessment missions
Two Inter-Agency missions, to the eastern and mid-western regions were conducted, to understand the nature and scope of displacement. The missions identified several distinct forms and trends of displacement, caused by both conflict parties. Specific protection and material needs of those displaced, at risk of displacement or trying to return are highlighted in the mission reports.
Hospital assessments
An interagency hospital assessment in 26 hospitals in some of the more accessible areas of the country (13 in the hills and 13 in the Terai) found that 90% of the Ministry of Health hospitals outside the Kathmandu valley were understaffed, with poor infrastructure and inadequate infection prevention capacity. 35% of all surveyed hospitals reported lack of blood transfusion services and shortage of emergency drug supplies.
All latest assessments, studies and reports are available to download on the Nepal Information Platform – www.un.org.np
Gender
The House of Representatives (HoR) has unanimously endorsed a landmark proposal on women's rights that allows people to obtain citizenship through their mothers, and that reserves 33% of all posts in all bodies to women.
Footnotes:
(1) All dollar figures in this document are United States (US) dollars. Funding for this appeal should be reported to the Financial Tracking Service (FTS, fts@reliefweb.int), which will display its requirements and funding on the CAP 2006 page.
(2) WFP believes that the dry winter may have negatively affected food production by up to 50% in some districts.
TABLE OF CONTENTS
1. EXECUTIVE SUMMARY
2. CHANGES IN CONTEXT AND HUMANITARIAN CONSEQUENCES
3. REVIEW OF THE COMMON HUMANITARIAN ACTION PLAN
3.1SCENARIOS
3.2 STRATEGIC PRIORITIES
3.3 RESPONSE PLANS
3.3.1 Human Rights/Protection/Rule of Law
3.3.2 Water and Sanitation
3.3.3 Health and Nutrition
3.3.4 Economic Recovery and Infrastructure
3.3.5 Education
3.3.6 Shelter and Non-Food Items
3.3.7 Food Security
3.3.8 Refugees
3.3.9 Natural Disaster Risk Management
3.3.10 Mine Action
3.3.11 Coordination and Support Services
3.3.12 Safety and Security of Staff and Operations
4. PROJECT REVIEW
5. CONCLUSION
ANNEX I. CAP FUNDING BY SECTOR AND APPEALING ORGANIZATIONS
ANNEX II. TABLE I. SUMMARY OF REQUIREMENTS AND CONTRIBUTIONS BY APPEALING ORGANISATION AND BY SECTOR
ANNEX III. FULL TEXT OF THE CEASEFIRE CODE OF CONDUCT AGREED BETWEEN THE GOVERNMENT OF NEPAL AND THE CPN-MAOIST ON MAY 25, 2006
ANNEX IV. MAPS
ANNEX V. ACRONYMS AND ABBREVIATIONS
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