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Nepal - Banke District - Dam-induced Floods Threaten Livelihood of More than 3000 Families

Dr. Babu Ram Bhattarai
Prime Minister
Singha Durbar
Kathmandu, Nepal
Phone: +977-1-4211000
Fax : +977-1-4211086
Email: info@opmcm.gov.np

Heidelberg, Germany, 18 October 2011

Honourable Prime Minister,

Foodfirst Information and Action Network (FIAN) is an international human rights organization working for the worldwide implementation of the human right to adequate food and in consultative status with the Economic and Social Council of the United Nations (ECOSOC).

We are writing in relation to the devastating floods threatening the livelihoods of more than 3000 families, of six Village Development Committees (VDCs), Holiya, Betahani, Mattaiya, Fattepur, Bankatti and Gangapur of Banke district every year. The natural phenomenon of flooding has been severely aggravated since the construction of the Lakshmanpur Dam (built in 1985) and in particular the Kalkwala Afflux Bund (built in 1999-2000) by the Indian Government along the Indo-Nepali border approximately 300 to 500 meter distance from no-man's land on Indian Territory.

According to information from the affected communities (Government authorized data is not available), as a consequence of inundation and land erosion some people have lost their lives, 1700 hectares of fertile agricultural land has been eroded and irrevocably damaged, 5000 hectares of agricultural land is inundated during rainy season, severely damaging the production, and there is loss of cattle as well as other assets (houses, harvested grains) of the people. So far the affected people have not benefited from a comprehensive rehabilitation programme. No participatory consultation with affected people was held. The relief items distributed are not sufficient to survive the flood period, at most they last for four weeks.  People also face difficulties in getting drinking water. There is still no proper resettlement plan for the affected families in place. Attendance of children at school is not possible during the flood period. Especially for women, sanitation is a major problem; in addition, they are unable to go to hospital for deliveries.

This situation has left thousands of families without proper housing, a sustainable method of earning money, and, above all, access to sufficient food and water. Flood affected communities are facing hunger, malnutrition, starvation, water born diseases including health and sanitation problems during and after the inundation period. More than 1000 families have been displaced. So far, the government of Nepal has not initiated any action for their return and resettlement in Nepal.

Nepal is a state party to the International Covenant on Economic, Social and Cultural Rights and duty-bound under international law to fulfil its people's right to food. As such, the Government of Nepal has to distribute food items directly to victims of natural disaster who are unable to access food by themselves, and has to take action to develop and implement short and long-term rehabilitation plans and programs. The affected people must receive proper rehabilitation - agricultural lands, employment opportunities and other social welfare schemes - so that they will also be able to enjoy their right to adequate food in future. For this purpose the Government of Nepal has enacted the Natural Calamity (Relief) Act 1982. However, this Act has so far not been implemented effectively; thereby the Government of Nepal is violating its citizen's right to food and water, as well as adequate living conditions (Art. 11 International Covenant on Economic, Social and Cultural Rights). The failure to act has also violated the Nepalese constitution. The country's constitution states that "Every citizen has the right to food sovereignty as provided for in the law" (Art.18,3). In a judicial decision of 19 May 2010, the Supreme Court of Nepal has underlined this obligation of the Nepali Governement by recognizing the right of everyone to adequate food included in the Interim Constitution of 2007 and clarified by a Supreme Court interim order in September 2008.

Nepal breached international laws and its own constitution by failing to provide adequate emergency response and to establish a productive long-term rehabilitation program. Nepal is obligated to ensure the safety of its citizens and to provide them with adequate housing, access to a proper livelihood, and sufficient food and water.  Furthermore, the Government of Nepal has also failed to secure the safety of its citizens by not acting against India for the violations of certain treaties and agreements between the two countries.
The Government of India has violated the right to adequate food in this context, too. In essence, states are obliged to respect, protect, and fulfil the right to adequate food of people living in other countries (UN Special Rapporteur 2006, paragraph 34). Like Nepal, India is a state party to the International Covenant on Economic, Social and Cultural Rights and duty-bound under international law to respect people's right to adequate food. This obligation applies also for areas beyond India's borders.

The construction of the barrage and the afflux bund has benefited India, but has produced devastating repercussions for the citizens of Nepal. India has severely altered the river patterns to improve its own irrigation systems while leaving Nepal to suffer the extreme flooding that has resulted. As per the various treaties and agreements between the two countries, India has a responsibility to ensure its actions do not have such devastating results for its bordering country. The Government of India needs to be made fully aware of the disastrous consequences that have come from the construction of the barrage and afflux bund. Though this is not negatively affecting its own people, India needs to take measures to ensure that its actions do not harm those in the nearby region in Nepal. Indian authorities have to be urged to take immediate corrective measures in order to respect and fulfill the right to food of Nepali citizens and to ensure their lives will no longer be in danger due to unnatural flooding. One such action would be for the Indian Government to implement the agreement with Nepal with regard to the opening of the flow of natural tributaries, Gandholi and Sotahiya across the Kalkalwa Afflux bund. It would also be vital to encourage the opening of the 14 gates of the Lakshmanpur barrage during the monsoon season.

It is positive to note, that the Government of Nepal has allocated a budget for the construction of a temporary embankment since 2008. It is also positive that as an outcome of the Third Meeting of   the Nepal-India Joint Committee on Water Resources (JCWR) the India side expressed their readiness to implement the detailed proposal regarding opening of two water passing drainages at Kalkalwa Afflux, and for the construction of a permanent embankment along both sides of the Rapti river. One water passing gate (drainage) has already been constructed by India in 2010, but the water passing gate had remained blocked most of the monsoon period.

As an organization working for the implementation of the human right to adequate food, and in line with the human rights obligations of your government, we would request you to:

• Identify the actual number of flood affected people every year, actual data of loss of land, property and crop produced;
• Provide adequate food, clean water, medical support, temporary shelter and grain storage facilities;
• Develop and implement a long term sustainable rehabilitation policy for the affected people;
• Build the temporary embankment as budgeted to keep as a safeguard for the affected people;
• Negotiate with the Government of India to open the water passing gates of the afflux bund, construct the second water passing drainage and build the permanent embankment as a safeguard;
• Negotiate with the Government of India to provide compensation for the victims.
  
  

Please keep us informed of the action you plan to take in this regard.
Yours sincerely,

Dr. Rolf Künnemann
Human Rights Director

cc.
Narayan Kaji Shrestha , Foreign Minister;
Durga Prasad Bhattarai, Acting Foreign Secretary
Mahendra Prasad Yadav, Minister of Irrigation;
Krishna Chandra Ghimire, Chief district officer;
Binod Chapagain, Head of Peoples Embankment Program

Indian Embassy in Nepal
German Embassy in Nepal
Nepali Embassy in India

Mr. Jürgen Klimke, Member of Parliament, Germany;
Olivier de Schutter, UN Special Rapporteur on the Right to Adequate Food;
Raquel Rolnick, UN Special Rapporteur on the Right to Housing