UN rights expert informed of violation of rights of Nepal's indigenous Newar people due to road expansion drive in Kathmandu valley, with the case in point of Ugrachandi temple in Lalitpur

This communication was submitted to the UN Special Rapporteur on the Rights of Indigenous Peoples, Prof. James Anaya, on 6 August 2012 to provide information regarding violations of human rights of indigenous Newar people of Nepal, and/or continued threat thereof, by the road expansion drive in Kathmandu valley – mainly in Kathmandu metropolis and Lalitpur sub-metropolis, with the case in point of Ugrachandi temple of Lalitpur.

Below is the detailed account regarding current immediate risk of demolition of Ugrachandi (Tamka:dya:) temple, a historical holy shrine of Newars in Jawalakhel, Lalitpur, without any consultation with and consent of local Newar communities for expansion of road in the area.[1] This violates their right “to maintain, control, protect and develop their cultural heritage” as provided by UNDRIP article 31 along with their right to Free, Prior and Informed Consent.

When and Where:

July 2012, Jawalakhel, Lalitpur Sub-Metropolitan city, Nepal 

Victim(s) or Community Affected:

The possible demolition of the temple is particularly concerning to Tamrakar people, a sub-group of Newar peoples, of Lalitpur and the whole valley and general concern of the overall Newar community. The centuries old temple inhabits the clan god and thus is one of the holiest shrines for Tamrakars – one of the larger sub-groups of Newars. The native inhabitants of Kathmandu valley and surrounding areas - Newars make around 6% of total national population. Nonetheless, they have very little say in development strategies carried out in their ancestral lands due to lack of participation in decision making levels and non-consultation by the government.  

What happened:

The Kathmandu Valley Town Development Committee (KVTDC) earlier this year began demolishing of homes of residents, mostly Newars, of various areas of Kathmandu metropolis in the name of widening the road based on a half-century old government policy regarding the space to be left on both sides of road. Among those areas, local residents are still fiercely protesting against the expansion of Lazimpat-Lainchaur section of the road where most houses were to be demolished.

The project was stalled for a while when implementing agency changed from KVTDC to a more powerful recently formed Kathmandu Valley Development Authority (KVDA). The road expansion drive was also taken ahead around the same time in Lalitpur but until this incident, no personal or community properties were affected. Nonetheless, in July, the government officials marked the land where Ugrachandi temple stands for demolition of road in the area. A committee formed for preservation of the temple, mainly composed of Tamrakars, has since been protesting the action. If continued, the demolition will mark the loss of a vital historical, cultural and religious site for Newars representing another attack on their identity that has been gradually eroding due to assimilation and loss of language.

Perpetrator(s):

As mentioned above, KVDA is currently overseeing the road expansion project of Kathmandu, previously undertaken by KVTDC. The line ministry of KVDA is not clear as it is inter-ministry level body.

Action taken by State authorities:

Immediately after the temple area was marked for demolition, the temple preservation committee has led a delegation to KVDA; however, the authority has denied any clear response. In recent demolitions, the government officials have only provided very short prior notice. Thus, the committee has demanded timely notification for future actions regarding the temple so as to seek appropriate remedy.

Action taken before international bodies:

This communication to the Special Rapporteur is the first action taken before an international mechanism on the incident and the overall situation of Newars vis-à-vis road expansion drive in Kathmandu Valley.

Additional Comments
This communication presents only a representative case while several Newar families have already been displaced from their homes in Kathmandu with prior consultation and adequate compensation due to aggressive road expansion projects in different parts of the metropolis. Further, Newars have continuously protested against number of similar projects such as Kathmandu Outer Ring Road project[2], among others through the years that threaten further loss of their lands in the name of development.

[1] Attached herewith, for your reference, is a newspaper article (in Nepalbhasa – Newar language) cutting on the issue from a Newar language daily.

[2] See http://www.ekantipur.com/the-kathmandu-post/2010/10/27/money/outer-ring-road-project-stalled-due-to-opposition-by-locals-and-maoists/214236/

Based on joint communication by Newa Dey Daboo (Newar National Forum) www.deydaboo.org and National Coalition Against Racial Discrimination (NCARD) www.ncard.org.np

Click here for PDF of the original communication.