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This is a two part report proceeding initially with details of external local events according to areas of thematic relevance for the UN RCO. The second part is a summary of internal UNRCO activities including advocacy on TJ issues, information related to the UNPFN as well as updates regarding the UNDAF and humanitarian response issues.

Summary

As expected, November saw considerably more activity at the ground level from both those advocating for, and those opposing identity based federalism. Both the CPN-UML as well as the NC have been vocal in blaming the opposition parties for blocking the constitution drafting process whilst continuing to make assurances that a first draft will be ready for the scheduled date of 22 January. The CPN – UML has been increasingly vocal in its opposition to identity based federalism. Pro Hindu parties continue to oppose secularism and are still making demands for Nepal to return to a Hindu state. Following state intervention in an ongoing relay hunger strike in Kathmandu demanding Nepal return to a Hindu state effigies of the PM and the HM were burnt in Nepalgunj by members of the RPP-N and the Shiv Sena. The RPP-N is about to embark on a cross country signature campaign advocating for an end to secularism. The party Chairman Kamal Thapa has also announced an alliance with the former HM and NC leader Khum Bahadhur Khadka. The Chairperson of the RPP Pashupati Shumsher Rana has also publicly spoken regarding the issue stating that secularism should be decided through a referendum. The 20 party alliance has been continuing its protest programs holding mass meetings in Panchtar, Janakpur and Dhangadhi though attendance was reportedly not very high. Whilst in Jankapur Prachanda reportedly spoke of his unwavering support to the Madhesi cause. Interestingly Prachanda made a surprise visit to Rolpa stopping in Dang on the way where he spoke publicly accusing the NC and CPN-UML of obstructing the constitution drafting process. Whilst in Rolpa he reportedly stated he is even ready to go back to war if required. His visit to Rolpa has been an issue of much speculation though many see it as an opportunity for him to gauge his support base. Other members of the 20 party alliance have been critical of the NC/CPN – UML federal state proposal with the Tharuwat Tarai Party – Nepal (TTP-N) publicly objecting to Prachanda’s alleged pro Undivided Far West remarks made whilst holding a mass meeting in Dhangadhi. The cancellation of the Indian PM’s planned visit to Janakpur was enveloped in confusion created by what appeared to be a significant communication gap between the central and district level. The cancellation of the visit led to protests by locals and political parties, including the 20 party alliance in Janakpur and the calling of a bandh that was reportedly relatively effective. Many are of the opinion that the GoN prevented the visit fearing unfavorable reactions in the Madhes. Another significant development was the meeting held by Netra Bikram Chand (Biplab) in Kapilvastu where he reiterated the need to start another people’s war and threatened of splitting from the CPN-M. Other developments include the formation of a new Common Platform for Conflict Victims and continued issues surrounding the recently formed Landless Commission. There were a few operational space incidents with the most notable being a Bandh called in the ER by the Federal Limbuwan Party Nepal (FLPN) that was reportedly quite effective.

Monthly Report – November 2014 UN Resident Coordinator’s Office, Nepal

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1. Constitution/Federalism/Political–(NC/CPN – UML Coalition) Throughout the month senior Political Party leaders were present in the ER districts attending various programs. On 17 November in Jhapa the CPN-UML Chairperson K.P. Sharma Oli expressed that the Constitution will be promulgated on time. However, he accused the coordinator of the CPDCC and UCPN-M leader Dr. Baburam Bhattarai of obstructing the Constitution writing process adding the UCPN-M’s continued advocacy for identity based federalism could lead the nation into conflict as it fails to consider the wishes of the greater majority. Similarly in Morang on 18 November, CPN-UML leader and General Secretary Ishwor Pokhrel stated the 6 - 7 federal state model recently proposed by both the NC and the UML is the most desirable adding the CPN-UML is not willing to increase the number of states or accept a federal model based on identity. However, he went on to say that the CPN-UML is ready to be flexible on other issues. A week later in Morang the CPN-UML Secretary Yogesh Bhattarai informed that a federal structure should include Mountain, Hill and Tarai areas arguing that all citizens of Nepal are Nepali first with their ethnic identity being secondary. The NC was also present in the ER with NC central member Dr. Shekhar Koirala visiting Biratnagar on the 21 November. He mentioned that international interference has increased as a result of the lengthy transitional process claiming the current political polarization indicates less possibility of Constitution drafting being completed on time. Similarly, former PM and RPP leader Lokendra Bahadur Chand expressed that contentious issues should be resolved through public referendums. He also agreed with the NC and the CPN-UML’s proposed seven state models stating a larger number of states will be problematic.

1a. Constitution/Federalism/Political – (Pro Hindu/Secularism)

There has been a marked increase in the level of anti secular/pro Hindu activities over the month. In Nepalgunj on 03 November cadres of the RPP – N along with other pro-Hindu groups including the Sanatan Hindu Rastra Sangstha Sangharsa Samiti and Siva Sena Nepal burnt an effigy of the Deputy Prime Minister and Home Minister Bam Dev Gautam following state intervention in the ongoing hunger strike being carried out in KTM by the Rastra Baidik Sanatan Dharma Samrachan Sanstha (RBSDSS). Hindu groups in other parts of the country have also expressed their outrage at the state intervention.

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The RPP-N declared the start of a signature campaign for a Hindu nation announcing a Mechi-Mahakali-Pashupatinath chariot march to advocate for a Hindu state starting in December. The RPP-N Chair, Kamal Thapa, announced an alliance with the NC leader Khum Bahadur Khadka in the campaign for a Hindu state. Later in the month the party organized mass meetings in Dadeldhura, Baitadi and Kailali where orientation programs were carried out to party cadre. Signature campaigns were also carried out in these districts. Later in the month whilst in Jhapa Kamal Thapa informed that his party will emerge as the strongest party if the new Constitution is not promulgated on time. He then accused the NC and the CPN-UML of being over empowered by election victory and the UCPN-M and the Madhesh based parties as being obstructive. He is reportedly holding district level meetings to start a campaign advocating for a referendum regarding Nepal’s return to a Hindu nation. He further criticized the EU for backing the agenda of secularism in Nepal.

Whilst in Morang earlier in the month the RPP Chairperson Pasupati Shamsher Rana said the new Constitution should declare Nepal as a Hindu nation as the majority of the population are Hindus. He stressed the need to hold a referendum to solve the religious/secular debate in Nepal adding that anyone can be head of state in a Hindu Republic despite their ethnic and religious background. Later in the month he also mentioned that secularism was introduced with no public consultation.

1b. Constitution/Federalism/Political (20 Party Alliance)`

There was a significant increase in the activities the UCPN-M led 22 party alliance (now 20 party alliance) throughout the month. In Panchthar on 04 November the alliance held a mass meeting that was attended by senior leaders of all the major parties in the alliance. The UCPN-M Chairperson Puspa Kamal Dahal accused the NC and CPN-UML of forgetting the spirit of the CPA, the Interim Constitution and the agreements made with Madhesi and Janajati groups. He also said the federal proposals put forward by the NC and the UML are regressive, warning of protests if their demands are not met. Kumar Lingden of the Federal Limbuwan Party Nepal (FLPN) warned the NC and the CPN-UML of a fate similar to that of the monarchy should identity based federalism not be addressed. In a surprise visit to Dang on 04 November the UCPN-M Chairperson Puspa Kamal Dahal warned of a general strike if identity based federalism is not ensured in the new Constitution. The next day in he was in Rolpa where he stated he was not there to intimidate anyone as had been suggested by NC and CPN-UML leaders.

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A similar meeting was also held in Dhanusha on 09 November where the UCPN-M Chairperson stated Madhesi citizens have the right to govern their own state. Prachanda reiterated his claim that the NC and the CPN-UML have lost their political and constitutional grounds as their federal proposal goes against the previous agreements. He warned that citizens of the Madhes will govern their own state should the NC and the CPN-UML overlook past agreements. He urged the parties of the alliance to remain firm as the NC and CPN-UML are allegedly trying to break the alliance. He expressed his commitment to fight till the end to liberate the Madhes adding the destiny of the nation lies in the hand of Madhesi citizens going on to say he would leave the high level political committee should there be a need. Considering the federal state proposed by the NC and the CPN-UML as an illegitimate proposal the Tarai Madhesh Loktantrik Party Chairperson Mahanta Thakur said it is a re-imposition of colonialism in the Madhes. He informed no suggestions will be accepted other than a Madhes federal state. The mass meeting was reportedly attended by a relatively large crowd. In Kailali on 15 November the 20-party alliance organized a mass meeting in Dhangadhi demanding the promulgation of the new constitution with federalism based on identity and rights. Regarding the demand of a Tharuhat state and UFW province the UCPN- M Chairman reportedly said that the people of the area will decide if Kailali and Kanchanpur should be included in the proposed Tharuhat state or be part of an Undivided Far West. In response the TTP-N later criticized the UCPN-M Chairperson’s remarks stating it is contrary to the views of the 20-party alliance adding Kailali and Kanchanpur will remain in the Tharuhat federal structure. Earlier in the month whilst speaking in Banke, the Tharuhat Terai Party Nepal (TTP-N) expressed dissatisfaction at the NC/CPN-UML backed state restructuring proposal (seven federal states), the governance system as well as the judiciary and electoral system put forward by the NC, UML, RPP and the Bahujan Shakti Party (BSP). More importantly, the proposal does not include the Chitwan to Kanchanpur area as part of a Tharuhat state as demanded by the TTP-N. In October the TTP-N warned of possible protests increasing speculation that the TTP-N might organize some activities in the Mid-West Tarai after Tihar. However, to date no public programs have been organized.

In Saptari on 21 November the Sadbhawana Party organized a sit in protest in front of the DAO in Rajbiraj demanding the Madhes is declared a single province with its own parliament. They also demanded the withdrawal of proposed citizenship legislation that discriminates against Madhesis and women as well as the removal of Armed Police Force camps from the Tarai. In Parsa earlier in the month the MJF-N Chair informed of a possible strong movement to defend their claim to a one Madhes autonomous state. Opposing the federal concept proposed by the NC and the CPN-UML he stated the party will go to the streets should the ruling parties promulgate the Constitution without consensus among other parties adding there will be a strong movement to ensure their demands. At the time of the SAARC summit there was a great deal of confusion over the Indian PM’s visit to Janakpur. On 21 November following the reported cancellation of the visit, the 20 party alliance took out demonstrations with the support of local communities. A bandha was called on 21 November and was reportedly relatively effective. Locals demonstrated and a large number of security forces were deployed. The Home Secretary, who was in Janakpur, said the visit would take place whereas Minister Bimalendra Nidhi issued a press statement informing of the cancellation and accused the 20 party alliance of creating chaos. Similarly on 23 November some small spontaneous demonstrations were taken out in different areas of Janakpur and adjoining VDCs after the Indian External Affairs Ministry formally announced the cancellation of the Indian PM’s visit. Local people along with political parties were unhappy at the way the GoN had dealt with the issue stating it a huge loss for Janakpur in terms of tourism promotion and Indian aid for infrastructure development. Some political groups even claimed the GoN did not want Modi to visit any part of the Tarai.

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1c. Constitution/Federalism/Political (CPN-M and CPN M)

On 12 November the CPN-M Chand faction organized a mass meeting in Shivagadhi after disagreeing with the leadership and the strategy of Baidya’s CPN-M. The location of the meeting was not made public and more than 130 participants from 41 districts attended the meeting. Chand briefed the participants regarding the failure of the party leadership justifying the split from the UCPN-M. He also warned that the party could split if the leadership fails to give a new direction to the party as demanded by his faction. The Chand faction organized the gathering ignoring the warnings of party Chairperson Mohan Baidya. Both factions are deeply polarized following Chand’s political document proposing a unified people’s rebellion as a continuity of people’s war that hints of another insurgency.

2. Transitional Justice A Common Platform for Conflict Victims program was held in Dhanghadi on 05 November after being formed by both state and non state conflict victims. They discussed the provisions currently being provided by the GoN resulting in a 17 point ToR/Code of Conflict with a view to establishing and building increased trust between conflict victims. The meeting focused on conflict victims and their concerns, with efforts being made to ensure only conflict victims attended the program. One main point raised by the participants was that current support being provided by the GoN is not effective as it fails to identify genuine victims, is subject to political interference and is a very lengthy process. In this regard they stated the UN should provide additional direct support in addition to advocacy to the GoN regarding the provision of effective relief. At another event in Kailali on 27 November the Inter-party Women’s Network organized a visit to the DDC and the DPO for conflict affected women to learn of the services being provided and how conflict affected families can benefit. Conflict-affected women from various VDCs of the district reportedly participated in the visit.

3. Inclusion/Discrimination

Land continues to be a very contentious issue. In Kailali on 11 November hundreds of people claiming to be landless were reported to be lining up outside the office of the Landless Squatters Problems Resolution Commission (LSPRC) District Committee in Dhangadhi to submit applications to the Committee. The LSPRC/District Committee had earlier issued a 35-day public notice announcing the opening of the application period from 12 October to 16 November and invited applications from genuine landless, squatters and people living in unorganized settlements. Reportedly, an average of 2,000 applications was

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being filed on a daily basis in Kailali since the application procedure opened. Crowds were increasing as the deadline approached with people arriving from all over the district. In Dadeldhura on 12 November Landless people affiliated with the National Land Rights Forum (NLRF) carried out a rally in the DHQ and submitted a memorandum to the DAO, demanding their land rights in the new Constitution. Following the rally, a ‘land meeting’ was held to gather views and suggestions from over a 100 participants. According to the NLRF staff, the event was organized as part of the NLRF’s ongoing yearly campaign in several districts nationwide. In Siraha on 18 November Landless people demonstrated in Dhangadi VDC demanding land is distributed to the landless. They also started a campaign to pressurize the government to address land rights in the new constitution. Activist claimed the campaign will be carried out in other VDCs as well. They are demanding that 10 kattha of land for housing and 1.10 Bigha of land for farming is provided to landless people. In Dang and Banke on 13 November Landless people demanding secure housing and a rightful share over the land farmed by them launched street protests demanding assurance of residence and right to land and food for landless people in the Constitution. Various speakers warned of protests to secure their demands in the new Constitution. Similar threats were also made in Jhapa and Sunsari in the ER as well as in Dhanusha and Mahottari in the CR on 12 November. Similarly in Kanchanpur on 01 November the affected families demanded representation in the new Suklaphanta commission. The reserve expansion victims struggle committee representatives argue that previous commissions failed as there was no victim’s representation. On 04 September a meeting of the council of ministers formed the Suklaphanta Land Acquisition and Compensations Investigation Commission, headed by a former Judge. More than 2,000 families from nearby VDCs were displaced during the expansion of the Suklaphanta Wild Life Reserve 12 years ago. In Bhojpur on 13 November a Dalit man lodged a complaint against his neighbor citing caste based discrimination. Reportedly, the victim, who was not allowed to touch/fetch water from a common pond by his neighbor, filed a complaint against him at the District Police Office. However, the accused denied the allegations.

4. Operational Space

There has been a slight increase in operational space incidents over the month. In the Eastern region the Federal Linbuwan Party Nepal (FLPN) called a bandh on 16 November in Sunsari, Jhapa, Morang, Dhankuta Sankhuwasabha Terhathum, Ilam, Panchthar and Taplejung demanding the implementation of

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the five point agreement signed between the then GoN and Limbuwan groups in 2008 as well as a the declaration of a federal Limbuwan state. The impact of the general strike was reportedly effective. However, other than the arrest of some FLPN leaders and cadres (who were later released), there were no other incidents reported during the strike. Although the movement of blue plated vehicles was permitted many development partners reportedly imposed self restricted movement. On 17 November the 20 party alliance called a Chakkajam (transportation strike) in Dhangadhi for four hours (09:00 - 13:00) affecting public vehicular movement in the district. The Chakkajam was part of the protest program imposed by the 20 party alliance. The strike affected public transportation but not the movement of blue- plated vehicles and ambulances. In Jajarkot on 25 November a bandh was called demanding 500,000 NPR per deceased as compensation, free treatment for those injured and the immediate arrest of the bus driver. Schools and markets remained closed and no vehicular movement was allowed in the district headquarters.

5. Other issues An IED exploded near the Pathari Area Police Office in Morang on 5 November at around midnight. According to the District Police Office pamphlets with pro Limbuwan slogans were found around the incident site. The pamphlets also stated that the unknown group will boycott the constitution, take action against anti Limbuwan CA members and halt the issuance of Citizenship cards in the Limbuwan area. An investigation is reportedly ongoing. On 10 November the NP had reportedly arrested 10 people involved in the blasts while planning to carry out similar activities in other districts. The people were arrested with explosive material, pamphlets reading "Establishment of Limbuwan infrastructure is our Mission” along with documents relating to the Kirat Limbuwan Rastriya Parisad. The leaders of the Federal Limbuwan Rastriya Party have denied any affiliation with the group.

UN RCO Internal activities

1. Inclusion/Discrimination Under the “UN Declaration of Joint Principles of Workforce Diversity” developed in August 2009, the UN Country Team (UNCT) in Nepal has been initiating 11 month joint traineeship programs since 2011 as one of the practical initiatives to provide capacity-building through enhancing knowledge, skills, competencies and professional training to historically marginalized groups. This year a total of 35 youths from targeted groups, out of which 54% are female were recruited as UN Trainees for cohort IV. UNDP, UNICEF, UNRCO, FAO, WHO, UN Women and UNESCO are participating agencies for this cohort.

Global Open Day

The UN Global Open Day event is held in order to raise awareness regarding the importance of women's participation and protection in all stages of the peace process and to promote women's leadership role in post conflict settings. This year’s Global Open Day events fed into a Global Study on UNSCR 1325 – a review of implementation, opportunities and challenges - to be released by the UN Secretary-General in 2015. In Nepal, the UN facilitated a discussion on the need to ensure gender equality principles in the constitution as an important step towards eliminating gender-based discrimination and advance women’s rights.

Gender Promotion Initiative II

In consultation with the UN Peace Fund for Nepal Executive Committee, the Resident Coordinator submitted two project proposals to the second Gender Promotion Initiative of the global UN Peace Building Fund. This submission was done on the basis of feedback on concept notes approved during the first phase of this competitive process open to UN agencies in select countries. Both of the projects were joint initiatives. The first, submitted by IOM, UNDP and UN-Habitat focused on addressing land reform in a gender responsive and women-friendly manner; while the second proposal of UNDP and UN Women

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proposed the piloting of NAP UNSCRs 1325&1820 implementation at the local level with the aim of increasing women’s decision-making over local development planning and budgeting processes.

UN Joint programming on peace building

In response to the identified need to protect gains made through peace building investments, the RCO has engaged in the assessment and planning of closer UN joint programming to address root causes of conflict through longer-term, human rights based programming. Based on both field mission observations and donor feedback, the RCO aims to play a leading role to further UN programming coherence in the continuing transition phase.

2. Humanitarian Response As reported in October the UN Resident Coordinator’s Office played a crucial role in raising resources including $1.9 M from the Central Emergency Response Fund (CERF) rapid response window to provide effective humanitarian in response to the monsoon floods. The RCO is updating and monitoring the progress of the CERF fund with recipient agencies. Further, the RC’s Office has been engaging with potential UN agencies for the CERF Underfunded window. The Government and international agencies responded to the recent floods and landslides; however the response was reviewed in several HCT plus meetings where it was suggested to improve effectiveness to immediate response. During the review process, all HCT members (clusters) including UN agencies, Red Cross Movements and key donors were engaged and reflected on the standard common matrix. After rigorous discussions in the HCT Plus meeting, it was suggested that districts be prioritized according to flood vulnerability (10-15) and only key clusters be engaged for preparedness and response in the future. Key clusters should be better equipped to support local data preparedness, protection concerns and assessment shortcomings. Clearer linkages with the NRRC Flagship 2 & 4 are also required. In addition, it was also agreed to develop approaches to engage/dialogue with the Government to enhance district level preparedness issues according to district priority. The UN RC’s Office participated in a Cold Wave preparedness meeting organized by the Ministry of Home Affairs on 21 November. A total of 23 Tarai districts were considered Cold Wave prone after which the Ministry requested all agencies working in these districts to ensure adequate preparedness for the Cold Wave. DP Net was designated to coordinate between agencies for resource mapping.

3. Transitional Justice On 26 November, the Victims Common Platform on Transitional Justice presented the 'Kathmandu Declaration' and plan of action to the Resident Coordinator at his office in Kathmandu. The Victims Common Platform is a group of 13 victims associations and groups around the country (representing victims of both the State and Maoists). The Kathmandu Declaration is an agreed document which outlines the key common areas that the conflict victims groups have agreed to work upon together after a series of discussions and regional consultations across the country. On 25 November, the victims agreed that the organization will be known as the ‘Conflict Victim Common Platform’ along with its ‘Kathmandu Declaration' and the platform’s organogram. Representatives of the UN, NHRC, Nepal Bar Association, The Federation of Nepali Journalists, NGO federation, and other human rights activists and members of civil society are to be included in the CVCP’s advisory committee. The declaration outlines the key common areas they have agreed to work upon together, and a plan of action for the next few months which includes the holding of a general assembly within the next three months. Since May 2014, the UN (RCO, OHCHR, DPA and UNDP) have been supporting 13 conflict victims’ groups across the country to help bring them together on a common platform. The UN's joint efforts have been limited to providing the victims’ groups with a platform and some facilitation where required. The UN will

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continue supporting the Platform and is encouraging its members to make a presentation of their organization, its objectives and action plan to political parties, the GoN and to international community.

On 5 December the United Nations Resident Coordinator’s Office (RCO) in Nepal organized a debriefing on the outcomes of the Economic, Social and Cultural Rights Committee (herein after the Committee) for the international development partners working in Nepal. The debriefing was attended by key development partners (Switzerland, Norway, Germany, EU, the WB and the ADB) which was also joined by Ms. Maria Virginia Bras Gomes, Special Rapporteur of ESCR as well as OHCHR Geneva colleagues connecting by phone. The concluding observations to Nepal adopted by the Committee are categorized into 23 different thematic issues; constitution making, rights of indigenous people, caste based discrimination, harmful traditional practices, situation of former bonded laborers, women migrant workers, domestic violence, poverty right to food, maternal mortality and sexual and reproductive health, older persons and others. Most of recommendations made in the concluding observations are relevant to the work of the UN and development partners. All the key issues addressed are also a part of the UNDAF outcomes.

4. UNDAF The UNDAF Coordinators produced a consolidated Knowledge Management Document and shared among agency focal points with the aim of informing focal points and program staff about latest developments and trends in outcome related themes. It will provide updated information on different emerging concepts and best practices, which could be useful or replicable also in UNDAF implementation in Nepal. Additionally, Outcome Coordinators continued discussions with agency focal persons and program staff on targeting vulnerable groups which would increase the number of vulnerable groups in agency specific annual work plan for 2015.

UNDAF Outcome 4 held its outcome steering group (OSG) meeting. The meeting reviewed progress achieved under various outputs of the outcome and determined action points including enhanced coordination during planning, joint monitoring and identifying common issues for collective actions. This will result in increased ownership and joint accountability between Government and UN agencies for UNDAF results. Similarly UNDAF Coordinators participated in agency thematic team meetings i.e. Population and Gender (P&G) Team, peace and security unit meeting and discussed the importance of producing success stories and disaggregated information while providing inputs for the upcoming UNDAF Annual Report 2014. This discussion will help in receiving success stories and disaggregated information from the field.

In other meetings the UNDAF Outcome 7 held its inter agency meeting to identify implementation gaps from the missing agencies and developed further strategies to properly mobilize resources and achieve results. The UNDAF Outcome 1 had a briefing meeting with the OSG Chair to discuss the OSG meeting that was planned for the first week of December.

CONTACT

United Nations Resident Coordinator’s Office

UN House, Pulchowk, Kathmandu, Nepal (GPO Box 107)

Phone: +977 1 5523200 Ext. 1518 | Fax: +977 1 5523991 | Email: rchco.nepal@one.un.org

Visit the UN Nepal Information Platform at www.un.org.np

Disclaimer: The information in this report is consolidated from media, UN, NGO and other development and

humanitarian partners, subject to availability of data. Although the RCO aims to confirm reports independently,

occasional factual inaccuracies can occur.

United Nations Resident Coordinator’s Office (UN RCO)

GPO Box: 107, UN House, Pulchowk, Kathmandu Email: rchco.nepal@one.un.org

Phone: +977 1 5523200, Fax: +977 1 5523991 Visit the UN Nepal Information Platform at http://www.un.org.np