Workshop Report On Impact of Armed Conflict on Women: Gender Perspective

Organised by Legal Aid and consultancy Center (LACC)

23-24 July 2004

The Legal Aid and Consultancy Center (LACC) is pleased to state that it has worked in fruitful partnership with Friedrich-Ebert-Stiftung (FES). LACC has successfully completed two days workshop " Impact of Armed Conflict on Women: Gender perspective" in assistance with FES.

Women and children are the most adversely affected victims of this conflict as they are considered the weaker and vulnerable section of the society and yet always under or misrepresented. They are most often seen as grief-stricken, powerless victims. They are the primary victims of death, disability, rape, displacement, family separation and economic destruction.

LACC is very grateful to FES for its kind cooperation in successful completion of workshop in Surkhet district. We also wish to place on record our sincere thanks to the officials and personnel including all staff members of FES for their excellent and timely cooperation on the implementation and conclusion of this project.

Prof. Dr. Shanta Thapalia
Chairperson
Legal Aid and Consultancy Center (LACC)
Kathmandu Nepal

Location: Birendra Nagar, Surkhet

Total Participants: 102

Objectives of Workshop: The current Maoist insurgency has many adverse effects on the overall development of the state. Many sources of income have collapsed. In the rural areas, women and children have suffered the most. Due to the deteriorating economic and security conditions, many families including women and children are displaced; bulks of them have moved to town areas and are staying with relatives or stranded in camps.

Despite the fact that women and children have been adversely affected, either directly or indirectly by this conflict, their plight still remains unnoticed. There are no special advocacy programs and policies that entirely focus on women bearing gender sensitizing effects.

During the workshop LACC has invited conflict victims, their representatives and individuals representating Policy implementing institutions from the district. The focus of the workshop was to raise awareness among victims, discuss the problems faced by them, provide legal aid and disseminate information regarding inheritance of property rights for women.

The workshop was organized with the aim of sensitizing policy implementing agencies and individuals on the current plight of the women and children victims of the violent and structural conflict, raise awareness among the victims about their rights to become self sufficient, to make them capable of enjoying their rights, work with a common approach program, provide suggestions and ideas towards Rehabilitation, repatriation and programs with special focus on women and children and also to lobby at the central level for taking positive steps for rehabilitation of conflict victims.

Proceedings:

Day: Day one, 23rd July 2004

Session 1: Inauguration:

The Chairperson of Legal Aid and Consultancy Center (LACC), Lalitpur, Nepal Prof. Dr. Shanta Thapalia chaired the inauguration session with CDO Mr. Tilak Ram Sharma of Surkhet District as chief guest. Advocate Chhatra K. Gurung delivered introductory remarks and welcomed Hon'ble chief guest and all participants at this occasion. She briefly highlighted objectives of the workshop and also the activities of the LACC organization.

Expressing his views Mr. Tilak Ram Sharma said that these kinds of workshop are very useful. It will be helpful in highlighting the problems of the victims and raise their issue at policy level for solution. He also appreciated the efforts of LACC for organizing workshop in such highly conflict-affected area.

The other guests like district Judges, Advocates, police, officials of CDO office, members of civil societies, community based organizations and women's organizations, representatives of judicial and quasi-judicial organizations, Representatives of INGOs/NGOs, Govt. Officials of district level, Politician, Journalist like Ms. Durga Thapa, INSEC, Mr. Hari Prasad Sharma, NGO Federation, Gopal Koirala, Administrative officer from Regional Administrative office also highlighted the condition of that area and the need for policy attention.

Session Wrap up: Chairperson Prof. Dr. Shanta Thapalia made the closing remarks. She said that this workshop will work as an open platform for victims to put their pleas. She further said that women should be aware of their legal rights and causes of various forms of domestic violence. She thanked all the guests for participating in the inauguration and sharing their news.

Session 2: Paper presentation and group discussion

1. Prof. Dr. Shanta Thapalia,
Topic: Impact of armed conflict on women: Gender perspective

Adv. Chhatra K. Gurung chaired the second session. In this session Prof. Dr. Shanta Thapalia and Adv. Chhatra K. Gurung presented Paper on "Impact of armed conflict on women: Gender perspective"

Prof. Dr. Shanta Thapalia's paper presented the importance of peace in the current situation. The present "People's War" is the result of other prevailing social conflict like superstitions, racial discrimination, untouchability, poverty, the difference between the poor and rich, gender discrimination etc. There are other causes also like the political differences, the battle for power, ignorance of citizen's rights etc fuelling the armed conflict.

From last nine years the state is facing violent insurgency and it has caused the death of 10,200 citizens. When the country faces any economic, financial or any other conflict situation the most affected are the women and children. They are counted as the weaker section of the society and do not have any right to take decisions on vital questions of war and peace.

The paper also provides a table comparing the participation of women and men in the governance process. Another table provides the information about the total number of citizen who lost their life in conflict by both Maoist and the state. At the end it offers with some suggestion for victim women as to how to become aware of the conflict, how to build their organizations and develop access to the institutions of justice and human rights.

2. Adv. Chhatra K. Gurung
Topic: Gender Equity and 11th amendment of Muluki Ain

The paper presented by adv. Chhatra K. Gurung provides a brief background of Nepali society and the status of women in it. It also shows how the Muluki Ain in its initial stages provided women with the second-class status in the society depriving them from citizenship rights to equality and other entitlements.

It also discusses the international convention related to women's rights and focuses greatly on the 11th amendment of Muluki Ain, which includes inheritance and property rights and Right to Abortion granted to women. It also includes some other issues, which needed to be included in this act.

Group Discussion: After Paper presentation all invitees and participants participated in the discussion program. They raised and discussed issue of conflict victims and said that this issue is of prime importance.

Some participants were of the view that program could be made more effective if it has included the other issues of violence against women, domestic violence, Trafficking, rape, etc related with conflict. They also said that only effective law is not enough the implementing agency and authorities working under it should implement it properly.

The issue of Kamaiya (bonded labors) was also raised with the problems they are currently facing. Many of them have been forced to join Maoist groups because still Govt. has not provided them with basic human needs like food, shelter, education etc. and they are lacking proper employment opportunities.

The victim women of Surkhet shared their problems. Expressing their views the participants stressed the need for a common approach. They said that women and children are the most affected by this conflict. After the death of husband the family members starts to inflict the physical and mental torture to widow women. Sometimes they also force her for second marriage. By doing so, the family members get a chance to eliminate her from the share of property and other benefits.

The Maoist victims has to suffer a lot for getting the compensation amount, but the person who are victims of Army, the Govt. do not bother to provide them with any kind of compensation. This makes widows suffer the worst fate including the uncertainty of their children's future.

Plea of victims:

During the workshop the women put their problems to LACC and other agencies working specially for them. Many women victims like Laxmi Ramjani, Bhavana Rana, Shanti Nepali; Dhan kumari Thapa, Mankumari Chaudhari, Amrita Gharti shared their plight and said how their lives suffered total devastation.

The widow of the army personnel expressed that they are not getting the facilities from Govt. All victims requested both the parties to resolve their disputes through peace talk. In the workshop the wretched condition of single women (widow) was seen pathetic and miserable. They said that family members do not cooperate with them. Many family members blame us for our husband's death. They said after the death of husband the family members have started physical and mental torture of her. Sometimes they also forced them for second marriage. The family members think that she should not get her share of property. Instead of healing of their plight they further traumatize making lives worthless in living.

Session Wrap-up: Adv. Chhatra K. Gurung concluded this session with some remarks. She said that there are many long and deep-rooted problems in our society including problems of conflict victims. We should fight with them by integrating ourselves and with a common approach program. Civil societies have special roles to play during conflict situation.

Day 2: 24th July 2004

Paper presentation and group discussion

Session I and II: Prof. Dr. Shanta Thapalia chaired both the sessions. In the sessions Adv. Chhatra K. Gurung and Prof. Arjun Bahadur Aaydi presented their papers.

1. Advocate Chhatra K. Gurung
Topic: Racial Discrimination (Untouchability): another social conflict and Law

Her paper begins by defining conflict; according to it conflict is needed for social change. A conflict may be of many kinds like Cast conflict, Gender conflict, social conflict, political conflict and many more. But a conflict may be dangerous when it turns out to be violent and intractable.

Untouchability and caste based discrimination is still a major issue in Nepal. Even in today's 21st century Dalit people are regarded as untouchables. Dalits issues are untold as well as unheard to many at the pinnacle of power. In fact, the caste system was officially abolished in 1963 in Nepal but it continued as social stigma.

Nepal has ratified the International Convention on the elimination of all forms of racial discrimination-ICERD in 1971, but still Dalit are not recognized as equal in the society. Other laws like Muluki Ain, Local Self Governance Act, Social welfare act, Citizenship act, Act relating to political parties etc. have provided equality for all citizens without any caste discrimination. The paper also provides table on the Dalit participation in different fields of society like economical, social and political and highlights their skewed participation as a crucial policy question.

2. Prof. Arjun Bahadur Aaydi
Topic: Armed conflict in Nepal and its impact on Women: Gender perspective

The paper presented in details the background of Maoist Insurgency, The steps taken by the Govt. to resolve this issue, the reasons of Maoist problem, and the suggestion to resolve this issue.

The impact of Maoist insurgency on women, women's involvement in the Maoist groups and the problems faced by women due to current conflict were key issues. Women are the most affected by insurgency. The one reason of it is that they are looked as one of the weaker section of the society.

In the end of the paper it also provides with some future strategies and suggestion to end the conflict.

Floor Discussion: All participants participated in the discussion program. They raised the problems encountered by conflict victims. It was agreed that the victims should be granted compensation within the fixed time period.

The local authorities do not cooperate in such a case. The victims of armies are not given proper attention. The women and children are the most affected victims of insurgency and both the parties whether it may be Maoist or Govt. both are not bothered about it.

Closing Session: Prof. Dr. Shanta Thapalia closed the session with her concluding remarks. She said we hope that this workshop will provide some relief to these victims to raise their voice at policy level. She thanked all the invitees, guests and participants for providing their valuable time in this discussion program and making it a success.

Impact/ Involvement of Women's Rights Helpline Project (WRHP): LACC's Women's Rights Helpline assists women victims of domestic violence, rape, sexual exploitation abuses, polygamy, battering, forced divorce, legal reconciliation of marriage, Custody of children, partition of property, maintenance and trafficking in seeking justice through legal counselling, Mediation, Legal aid and court representation. The main focus of WRHP is to provide legal aid to the women victims of domestic violence. But with the help of this workshop on conflict victims now WRHP has able to raise the issue of these affected women.

The workshop has able to provide the number of cases of women victims to this helpline. The helpline attorneys are looking after the cases of such women victims. The flow of cases has been increased due to this successful workshop. Surkhet is one of the most backward districts of the country. The condition of women in this part of the country is very poor. A woman has no right over the property of her husband after his death. So there are many cases where the poor women and her children face such situation. But now, they are trying to bring such cases.

The helpline lawyers and attorneys are providing needed support and legal assistant to these women victims. The helpline is providing support to both the victims of Maoist and the State insurgency. They are helping them in filing the cases for family partition etc.

Recommendation and Suggestions:

• The compensation for widows and children should be given within the fixed time period and related authorities should cooperate with them in this matter.
  
• The govt. should provide compensation to citizens who are affected by the army and police personnel including the Maoist conflict victims
  
• The committee should be formed to monitor compensation procedures
  
• A detail research and study is needed to resolve the Maoist issue at the central level and political consensus at local level
  
• The violent conflict can be solved by peace talk including both parties, and a common agenda should be prepared before stepping in talk procedure
• The present conflict has resulted into gender discrimination and the gap between the poor and rich has been broadened.
  
• The children are also affected by this conflict greatly
  
• The rehabilitation and other welfare services should be provided immediately to women who are sexually harassed and victims of other violent activities
  
• Women should be involved in the peace talk committee and they should be provided an opportunity to prove themselves
  
• Counselling center with Psychiatric services should be established for the victims who are mentally tortured and having a psychological effect because of the conflict.
  
• Awareness raising programs should be conducted for conflict victims
  
• The govt. should start to rehabilitate the conflict victims
  
• The persons who have surrendered themselves before the Government should be given an opportunity and should be included in the social integration process
  
• Currently there is no elected government in the country and the tenure of elected candidates of local bodies at VDCs has been already completed, it has also affected the Court procedure. These offices should be filled early.
  
• The Govt. should take the responsibility to rehabilitate women and children who are affected by the conflict
  
• Many INGOs/NGOs are providing the services but the prime responsibility is of govt. to protect its citizens
  
• Educational and income generating programs should be increased and small- scale traditional business of different community should be modernized with new machines and technologies. It will be helpful in rehabilitating conflict victims
  
• The women should be made self-dependent by providing different educational and income generating programs
  
• Due to the current conflict single women (Widow) have to face problems in getting citizenship for herself as well as for her children, as citizenship is conferred only through a father or a husband. Hence the death of the husband or father leaves the family without any valid proof of relationship. Consequently, the lack of documentation of the relationship gives rise to problem of Birth and death registry as well. The authorities should cooperate with them in this issue
  
• The women should be treated humbly and with respect while providing such cooperation like providing compensation etc.
  
• The Govt. and other private sector should provide financial assistance in rehabilitation and also in making them dependent
  
• Preference should be given to the conflict victims in legal proceedings
  
• The Govt. and other agency should encourage the widow marriage by providing her with the financial and other services to rehabilitate them
  
• For living a respectable life, old age home should be started in each area.
  
• The Govt. should provide rehabilitation and compensation to the persons who have become handicapped in armed conflict
  
• Employment opportunities should be increased for the victims and poor
  
• Primary education should be made compulsory for all sections of society