Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview of Maoist Groups

According to the Political Handbook of the World 2015, government parties in Nepal include the Nepali Congress and the Communist Party of Nepal (Unified Marxist-Leninist, CPN-UML); these parties secured the first and second largest share of elected seats in the November 2013 election, and formed an alliance in January 2014 (PHW 2015, 1034). According to the same source, other political parties include Maoist parties such as the Unified Communist Party of Nepal-Maoist (UCPN-M), the Communist Party of Nepal-Marxist-Leninist (CPN-ML), and the Communist Party of Nepal-United (CPN-United) (ibid., 1034, 1036).

Sources report that a faction of Maoists led by Mohan Baidya [Vaidya] split from the UCPN-M in 2012 (Bertelsmann Stiftung 2014, 8; PHW 2015, 1033) to create the Maoist NCP-M [also referred to as the Baidya CPN-M] (ibid.). PHW 2015 describes Baidya as a "communist hard-liner" leading a "dissenting faction of the ruling Maoist party" (ibid., 1038). The same source identifies Nekram Bikram Chandra as the Secretary of this faction (ibid.). According to the Himalayan Times newspaper, a faction of the CPN-M led by Netra Bikram Chand [known as the Biplav or Biplab faction of the CPN-M, or the CPN-Biplav or Chand faction] was created in late 2014 when it split from Mohan Baidya’s faction of the CPN-M (The Himalayan Times 23 Dec. 2014). INSEConline.org, a human rights news portal in Nepal run by the Informal Sector Service Centre (INSEC), a "leading human rights organization" in Nepal (n.d.) describes the Chand-led group as a Maoist “splinter” group (INSEConline.org 17 Mar. 2015).

2. Kidnapping and Extortion

In correspondence with the Research Directorate, a researcher at the University of York, who has been working on issues linked to the Maoist conflict in Nepal for over a decade, stated that “[Maoist] violence targeting individuals or members of other political parties dramatically decreased with the end of the conflict in 2006” [1] (Researcher 11 Nov. 2015). In correspondence with the Research Directorate, a visiting scholar at the University of Wyoming who is also the Nepal representative for the Asia Foundation [2], stated that instances of kidnapping and extortion by Maoist groups “are increasingly rare occurrences from a political party perspective” and are "not common any longer" (Visiting Scholar 17 Nov. 2015). Similarly, in correspondence with the Research Directorate, a Nepal-based representative of Creative International Forum (CIF), an organization that protects human rights and promotes peace and social justice in Nepal through capacity building and research (Insight on Conflict July 2015), stated that since the peace agreement was signed [in 2006 (Bertelsmann Stiftung 2014, 3)] between the government and the Maoists, “such instances have gradually come down” (CIF 13 Nov. 2015). The same source indicated that “organized human rights violations/abuses are not taking place in Nepal due to the Maoist party,” although there may be involvement in some criminal activities by “former, frustrated combatants in certain parts of Nepal” (CIF 13 Nov. 2015). Similarly, the researcher stated that “[t]here are a number of Maoist factions who have rejected accommodation with the elected government and continue political activity beyond the mainstream Maoist party,” elements of which may be involved in extortion (Researcher 11 Nov. 2015).

2.1 Extortion

The researcher explained that

[t]he issue of extortion is a complicated one since networks of patronage and links to criminal networks have always supported Nepali politics. … However, to point at the Maoists as guilty of such practices is to miss the point that payments to politicians in Nepal of all parties, either for delivery of corrupt services or as protection against the regulatory or law enforcement role of the state, is relatively routine. (Researcher 11 Nov. 2015)

According to Bertelsmann Stiftung's Transformation Index (BTI) [3] report for Nepal, "Nepal's political culture requires political parties to continuously dispense patronage to members and supporters, both in terms of material resources and administrative favours" (Bertelsmann Stiftung 2014, 11).

Sources report that the Maoist faction led by Netra Bikram Chand has been involved in extortion (Saferworld 18 Nov. 2015; Visiting scholar 17 Nov. 2015). According to the visiting scholar, a "militant" Maoist faction led by Netra Bikram Chand has “always engaged in this sort of crime [kidnapping and extortion], but they are a very small group” (ibid.). In correspondence with the Research Directorate, a Kathmandu-based representative of Saferworld, an "independent international organization working to prevent violent conflict and build safer lives" in approximately 20 countries around the world (Saferworld n.d.), stated that since the earthquake in April 2015, “there have been instances of extortion … by a separatist group of the former UCPN(M) who are CPN-M (Baidya faction) and the Netra Bikram Chand (Biplav) faction” (Saferworld 18 Nov. 2015). The same source added that the instances of extortion by the Baidya faction and Biplav faction have been occurring mainly outside of Kathmandu, and "particularly in the Mid-West and Far-West region," with a few cases in the Western region (ibid.).

In correspondence with the Research Directorate, a project coordinator at NepalMonitor.org, a "system designed to alert local organizations to human rights and security incidents happening in their area" (NepalMonitor.org n.d.), stated that "coercive demands for donation" are underreported and that “often victims do not seek help from the police” (NepalMonitor.org 15 Nov. 2015). Similarly, the Saferworld representative stated that “quite a lot" of cases of extortion are not reported to the police due to "fear of violent backlash from the CPN-Maoists group (Baidya and Biplav faction)” (Saferworld 18 Nov. 2015).

2.2 Targets

The visiting scholar stated that, to his knowledge, targets for extortion are those with money, and targets are not identified as NC or monarchist (17 Nov. 2015). According to the Saferworld representative, Biplav and Baidya factions have "mainly target[ed] the business community and some NGOs, mainly outside of Kathmandu in the Terai area … and in some districts in the Western region of Nepal" for extortion (Saferworld 18 Nov. 2015). In correspondence with the Research Directorate, the Nepal researcher for the Asian Human Rights Commission (AHRC), an independent Hong Kong-based NGO "which seeks to promote greater awareness and realization of human rights in the Asian region" (AHRC n.d.), stated that “[t]here is a trend of collecting donations by different political parties including the Maoists and its allies. But they collect it largely from the business tycoons,” who often give donations "voluntarily," in exchange for political benefits (AHRC 17 Nov. 2015).

2.3 Reported Instances of Kidnapping and Extortion in 2015

Information on instances of kidnapping by Maoist groups or their student affiliate groups could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources report that in December 2014, the Netra Bikram Chand faction of the CPN-M launched a nationwide campaign to collect funds across the country in order to finance party activities (Himalayan Times 23 Dec. 2014; The Kathmandu Post 23 Dec. 2014). The Kathmandu Post reports that the party had “formed a 'special squad to collect donations’” (ibid.). Sources report that party cadres were instructed to collect funds from business people (The Himalayan Times 23 Dec 2014; The Kathmandu Post 23 Dec. 2014), and to focus on "private industry, foreign employment recruiting agencies, educational consultancies, schools, and hospitals in the capital," as well we as state-owned institutions (ibid.). The Himalayan Times reports that a senior party leader stated that the party was not forcing donations or coercing donors but rather "appeal[ing] for voluntary contributions" (The Himalayan Times 23 Dec. 2014). Sources report that party cadres have visited businesspeople in person, sent text messages, letters, and made phone calls for donations (ibid.; The Kathmandu Post 23 Dec. 2014), which the Kathmandu Post described as “threatening” in nature (ibid.). The Kathmandu Post also reports that the amounts asked for donation ranged from 5,000 to 2 million Nepalese Rupees (NPR) [about C$62 to C$25,000] (ibid.).

Sources report on the following instances of extortion by Maoists in 2015:

• In January 2015, a funding drive was launched in Kavre, where village administrators were reportedly “warned” by the party that they “‘would have to meet them in person’” if they did not donate to the Bikram Chand CPN-M (The Himalayan Times 1 Jan. 2015). Local traders also complained of being approached by the Bikram Chand CPN-M for donations (ibid.).
• In February 2015, two people were arrested from Koteshwor for allegedly extorting a man for 2 million NPR [about C$25,000] (The Himalayan Times 6 Feb. 2015; The Kathmandu Post 8 Feb. 2015); the arrestees were reportedly CPN-M members (ibid.). The police reportedly recovered letters signed by the Netra Bikram Chand (The Himalayan Times 6 Feb. 2015; The Kathmandu Post 8 Feb. 2015), as well as a two page document listing the "family history of 35 people" and a “‘donation’ amount” (ibid.)
• In March 2015, sources report that Netra Bikram Chand-led CPN-M cadres approached teachers at a school in the Roshi area of Kavre district and asked for 500 Rupee [about C$6] donations to the party (INSEConline.org 17 Mar. 2015; The Himalayan Times 14 Mar. 2015). The teachers and the head teachers received letters asking for payment (ibid.; INSEConline.org 17 Mar. 2015), and in some places teachers “scuffle[d]” with the CPN-M Biplav Maoists over the imposition of the levy (ibid.).
• In July 2015, the Biplav CPN-M launched a donation drive in Khotang district, sending letters to two dozen offices, including district offices for education and health (INSEConline.org 5 July 2015). In August, they launched another campaign in Khotang, demanding donations from government, non-governmental offices, industries, factories, and entrepreneurs (INSEConline.org 27 Aug. 2015; The Himalayan Times 25 Aug. 2015). The Himalayan Times reports that the group has been "demanding donations" to “institutionalize the gains of the Maoist insurgency” (ibid.)
• In October 2015, a student leader, who is the coordinator of the “sister wing” of the Biplav CPN-M, was arrested on charges of extortion from a trader in Udaypur (The Himalayan Times 8 Oct. 2015)
• In November 2015, police arrested a man on charges of extorting business people and industrialists, having called dozens of people and demanded money while impersonating the secretary of the CPN-M (The Himalayan Times 16 Nov. 2015)

Further information on actions by state authorities in these cases could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Reported Instances of Land Capture in 2015

Sources report on the following instances of land capture:

• In March 2015, the Biplav CPN-M faction declared that it captured a piece of land owned by a civilian in Junger (INSEConline.org 31 Mar. 2015)
• In April 2015, the Biplav CPN-M captured lands belonging to a civilian in Banganga municipality claiming that they captured it because it belongs to farmers, that grain produced there was being taken to India, and that the owners had dual citizenship (ibid. 19 Apr. 2015).
• Also in April, the same faction captured "300 Ropanis (15 hectare[s])" of civilian land in Sindhupalchowk, claiming that they were "recapturing" lands formerly belonging to the party (NepalMonitor.org 19 Apr. 2015).
• In April 2015, the group captured "1,500 ropanis of land" belonging to several companies in Nayagaun Deuper, which they stated was to stop “‘encroachment’” on state property (INSEConline.org 20 Apr. 2015)
• In April 2015, Biplav CPN-M cadres captured land belonging to a sugar mill in Suda (NepalMonitor.org 20 Apr. 2015)
• Biplav CPN-M "captured a house and lands belonging to the leaders of the UCPN (Maoist) and CPN-UML respectively" in April 2015, reportedly because it had been meant to be used for a health centre (ibid. 21 Apr. 2015).
• The same group also captured lands in April 2015 belonging to the Chairman of the Prabhu Bank, who they claimed misused his power to acquire the land (ibid. 23 Apr. 2015)
• In November 2015, Chand-led Biplav CPN-M cadres seized land owned by a local person in Pyuthan Municipality charging that it was related to a land dispute (The Himalayan Times 21 Nov. 2015)

Further information on actions by state authorities in these cases could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. State Protection

The visiting scholar stated that, with regards to providing state protection for victims of extortion, “the Nepali state has been largely incapable and increasingly so in the aftermath of the earthquakes. … Threats by Maoists are just one of several types of threats, and as such do not pose significant law and order problems as they did in the past [prior to 2006]” (17 Nov. 2015). The researcher said that “the forces of the state remain present everywhere” and “are likely to be able to address such incidents, given the absence of formal political support [that] such [Maoist] factions have” (11 Nov. 2015). However, the Saferworld representative stated that political interference in criminal investigations is “rampant” and has a "negative impact on the quality and effectiveness of security providers, mainly the police" (Saferworld 18 Nov. 2015). The AHRC researcher stated that the police are "not independent" and "lack investigation mechanisms … however if the case is high profile, the police [will come under] political pressure to make arrests" (AHRC 17 Nov. 2015). He further explained that the police make arrests often, but that cases go on for "years and years without justice being served" (ibid.).

Further information on state protection in cases of kidnapping and extortion by Maoist groups could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] According to the United Nations Office of the High Commissioner for Human Rights (OHCHR), "[b]etween 1996 and 2006, an internal conflict between the Government of Nepal and the Communist Party of Nepal (Maoist) (CPN(Maiost)) left at least 13,000 people dead and 1,300 missing" (UN n.d.). The same source reports that the government of Nepal and the CPN (Maoist) signed the Comprehensive Peace Accord on 21 November 2006 (ibid.).

[2] The Asia Foundation is a San Francisco-based non-profit international development organization seeking to improve governance and law, economic development, women's empowerment, the environment, and regional cooperation in Asia (The Asia Foundation n.d.).

[3] The Bertelsmann Stiftung Transformation Index (BTI) "assesses transformation towards democracy and a market economy, as well as the quality of political management in 129 countries (Bertelsmann Stiftung 2014, 1). Bertelsmann Stiftung is a "private operating foundation" that promotes research in areas such as religion, public health, international cultural exchange, democracy, government and civic engagement (Bertelsmann Stiftung n.d.).

References

The Asia Foundation. N.d. "About the Asia Foundation." [Accessed 26 Nov. 2015]

Asian Human Rights Commission (AHRC). 17 November 2015. Correspondence from a researcher at the Nepal Desk to the Research Directorate.

_____. "About Us." [Accessed 26 Nov. 2015]

Bertelsmann Stiftung. 2014. BTI 2014: Nepal Country Report. [Accessed 24 Nov. 2015]

_____. N.d. "The Beliefs Behind Our Work." [Accessed 26 Nov. 2015]

 

Creative International Forum (CIF). 13 November 2015. Correspondence from a representative to the Research Directorate.

The Himalayan Times. 21 November 2015. Devendra Barma. "Chand-led Maoist Seizes Land in Pyuthan." [Accessed 24 Nov. 2015]

_____. 16 November 2015. "Extortionist Arrested." [Accessed 24 Nov. 2015]

_____. 8 October 2015. "Student Leader Held." (Factiva)

_____. 25 August 2015. "Chand-led Maoists Unleash Donation Drive in Khotang." (Factiva)

_____. 14 March 2015. "Chand-led CPN-M on Donation Drive in Kavre." (Factiva)

_____. 6 February 2015. "Extortionists Held." (Factiva)

_____. 1 January 2015. "New Maoist Party into Extorting Money." (Factiva)

_____. 23 December 2014. "Chand's Maoist Party Begins Donation Drive." (Factiva)

INSEConline.org (Informal Sector Service Centre). 27 August 2015. DM Chamling Rai. "Biplav Maoists Intensifies Donation Drive." [Accessed 24 Nov. 2015]

_____. 5 July 2015. "Donation Drive by CPN-M (Biplav)." [Accessed 24 Nov. 2015]

_____. 20 April 2015. "Biplov-led CPN-M's Land Capture Spree Continues." [Accessed 24 Nov. 2015]

_____. 19 April 2015. "CPN-M Captures Civilian's Land." [Accessed 24 Nov. 2015]

_____. 31 March 2015. "Chand Maoist Captures Civilian's Land." [Accessed 24 Nov. 2015]

_____. 17 March 2015. Bhojraj Timalsina. "Chand-led Maoists Intensify Donation Drive." [Accessed 24 Nov. 2015]

_____. N.d. "About Us." [Accessed 26 Nov. 2015]

Insight on Conflict. July 2015. "Creative International Forum (CIF)." [Accessed 25 Nov. 2015]

The Kathmandu Post. 8 February 2015. "CPN Maoist Cadres Held on Extortion Charge." (Factiva)

_____. 23 December 2014. "Chand in Donation Drive." (Factiva)

NepalMonitor.org. 15 November 2015. Correspondence from a Project Coordinator to the Research Directorate.

_____. 23 April 2015. "Republica: Chand-led CPN (M) Captures Prabhu Bank Chair's Land." [Accessed 24 Nov. 2015]

_____. 21 April 2015. "News: Chand-led Maoist Captures Properties of UML, UPCN(M) Leaders." [Accessed 24 Nov. 2015]

_____. 20 April 2015. "eKantipur: Chand Led Maoist Captures Land." [Accessed 24 Nov. 2015]

_____. 19 April 2015. "Sit-Rep: Chand-led CPN Maoist Captures Land in Sindhupalchowk." [Accessed 24 Nov. 2015]

_____. N.d. "About NepalMonitor.org." [Accessed 25 Nov. 2015]

Political Handbook of the World 2015 (PHW). 2015. "Nepal." Edited by Tom Lansford. Washington, DC: CQ Press. [Accessed 24 Nov. 2015]

Researcher, University of York. 11 November 2015. Correspondence with the Research Directorate.

Saferworld. 18 November 2015. Correspondence from a representative to the Research Directorate.

_____. N.d. "About Us." [Accessed 25 Nov. 2015]

United Nations (UN). N.d. Office of the High Commissioner for Human Rights (OHCHR). "The Nepal Conflict Report." [Accessed 26 Nov. 2015]

Visiting Scholar, University of Wyoming. 17 November 2015. Correspondence with the Research Directorate.

Additional Sources Consulted

Oral sources: Advocacy Forum; Alliance for Peace Nepal; Canada – Consulate in Kathmandu; INSEC; International Center for Transitional Justice (Nepal Office); International Commission of Jurists (Nepal Office); National Democratic Institute; Nepal – National Human Rights Commission, Nepal Police; Post-doctoral researcher, University of Oxford; Professor of sociology, Université de Québec à Montréal; Researcher, The Danish Institute Against Torture; United Nations – Resident Coordinator Office in Nepal.

Internet sites, including: Advocacy Forum; Amnesty International; BBC; The Carter Center; ecoi.net; Factiva; Freedom House; Human Rights Watch; International Crisis Group; Nepal – National Human Rights Commission, Nepal Police; Nepal News; Small Arms Survey; South Asia Terrorism Portal; United Nations – Refworld, Reliefweb; United States – Department of State.