This article is published in Nepal Human Rights Yearbook 2o11

Written by:
Krishna Prasad Subedi
Project Coordinator
Mine Action and SAplW Surveillance System,
INSEC, Nepal
Mail: krishnas@insec.org.np; subedik@gmail.com
www. inseconline.org; insec.org.np

Chapter

5
ERW, Small and Portable
Lethal Weapons :
Threats and Challenges

Nepal Human Rights Yearbook 2011 121

Background
Each year large number of
civilians are killed and maimed by the
“explosive remnants of war”. These are the
unexploded and abandoned ordinances,
such as artillery shells, mortars, grenades,
bombs and rockets, which are left behind
after an armed conflict. When an armed
conflict is over, the battlefields are often
littered with explosive debris. Much of
this debris is still dangerous, in particular
the stocks of weapons which were left
behind by combatants and the explosive
munitions that were fired but had failed to
go off as intended.1 For the civilians and
communities in war-affected countries the
presence of these weapons represents an
ongoing threat. Globally, there are millions
of explosive remnants of war on the ground
today, affecting more than 83 countries.
It is known that millions of people living
in these 83 countries are affected by land
mines, but the size of the global landmine
problem has not yet been well defined. It
is estimated that 10,000 civilians are killed
or maimed every year by landmines, a large
number of which are children.2
The relative low cost and ease of
availability of improvised explosive devices
and land mines make them suitable for
adoption in civil conflicts, especially in
developing countries. In Nepal, the erstwhile
CPN-Maoist used IED as anti-tank mines
to target security force vehicles. Similarly,
the security forces also used fragmentation
and blast types of antipersonnel mines
and MOTAPM (Mines Other than Anti-
Personnel Mines) massively during the
period of the 10-year-long civil war.3 In
addition to these, other explosive devices
and small arms were also responsible for the
loss of thousand of civilian’s lives and limbs
in Nepal. The peace agreement may have
been signed, and the hostilities may have
ceased, but landmines and the explosive
remnants of war (ERW) are an enduring
legacy of the conflict.4 Even though the
10-year-old armed conflict has come to an
end, the threat of explosive remnants of war
has been left in its wake.
Point number 5.1.4 of the
Comprehensive Peace Accord (CPA)
was signed by the CPN-Maoist and the
Government of Nepal signed on November
21, 2007 states that “both sides shall assist
each other to mark landmines and booby-
traps used during the time of armed
conflict by providing necessary information
within 30 days and defuse and excavate the
within 60 days.” The point was included in
the CPA to exterminate the threat of the
explosive remnants of war by trying to limit
the effects of victim-activated explosions.
In contrary to the emphasis on
establishing sustainable peace as mentioned
in the CPA, the weak implementation
by both conflicting parties of the
aforementioned point, has led to new types
of emerging violence by allowing for the
increase in the use of small arms and
portable lethal weapons for criminal
purposes, especially in the Tarai belt of
Nepal. This has not only caused the loss
of lives and the destruction of civilian
property, but has also emerged as a new
challenge for the ongoing peace process
and reconciliation. Unfortunately, there is
still a lack of concern among the relevant
stake holders on the impact that the use of
victim-activated explosives, small arms and
portable light weapons has on human lives,
the environmental consequences, and the

1. http://www.icrc.org/eng/war-and-law/weapons/explosive-remnants-war/overview-explosive-remnants-of-war.
html
2. www.clearlandmines.com/landmineProb-Impact.cmf
3. Govt to Outline Defense Policy on Landmines”, Himalayan Times, 3 February 2004.
4. Global Burden of Armed Violence, Geneva Declaration Secretariat, Geneva, 2008 Global Burden of Armed
Violence, Geneva Declaration Secretariat, Geneva, 2008

Nepal Human Rights Yearbook 2011 123

 psychological and social trauma. Likewise,
the lack of a common consensus on the
issues of the ongoing peace process and
transitional justice among the concerned
stake holders is another challenge for
Nepal. Using this backdrop, this chapter
has tried to view the impacts caused by
the continued use of victim-activated
explosives, small arms and portable lethal
weapons.
1. Victim Activated Explosion
In this chapter, a civilian casualty of
2006
a victim-activated explosion includes those
injured or killed by an improvised explosive
devices-IED, by unexploded/abandoned
Ordinances - UXO/AO, and by anti
personal mines, which have usually been
manually placed or used and are designed
to injure, kill or terrorize. It also covers
unexploded, abandoned and stored IEDs,
as well as civilians who have been injured
or killed when they activated an Explosive
Device (ED) unknowingly, or without
the intention to harm, hurt or terrorize.
Furthermore, it includes civilians who were
close to an ED which was activated by an
animal or by natural causes (i.e. lightning,
heat, land-slide etc.) or who were close to
other people who activated the ED (i.e.
bystanders). Likewise it includes, civilian
bystanders affected by explosions due to the
manufacturing, transportation or storage of
EDs, and civilians who were forced by the
Security Forces - or non-state actors - to
defuse or remove EDs.5
INSEC’s Victim-Activated
Explosion, small arms and portable
lethal weapons surveillance system (VAE
SPLWS) recorded that there were a total
of 293 casualties in 128 incidents caused
by a victim activated explosion after the
signing of the CPA in Nepal to date – i.e.
from 21 November 2006 to December
5. INSEC, Report on casualties of victim-activated explosions Nepal. Kathmandu, 2009, http://www.inseconline.
org/pics/1262602365.pdf
124 ERW, Small and Portable Lethal Weapons : Threats and Challanges
Figure 1 : Incidents & Casualties in VAE
(November 21, 2006-2010)
104
Incident
78
73 Casualty
70
42 41
5
24 22
2
2007 2008 2009 2010
2010. In 2006, there were 169 casualties in
98 incidents of victim activated explosions;
five casualties were identified from two
victim-activated explosions during the
period of November 21- December 2006.
The number of casualties decreased to 104
in 42 incidents in 2007. By the year 2008,
the number of casualties had decreased to
73 in 38 incidents. There was also a decrease
in the numbers observed in 2009, when
70 persons became victims in 24 victim-
activated explosions. In the same way, the
numbers were seen to further decrease in
2010, where 41 people were injured by 22
incidents. (See figure1), Looking at the
INSEC Surveillance system it can be seen
that although there has been a decrease
in both the number of casualties and the
incidents of victim activated explosion,
the challenges and threats have not been
completely overcome.
In the period under review, from
2006 to 2010, INSEC’s VAE, small arms
and portable lethal weapons surveillance
system identified 72 deaths () from 224
VAE incidents. In 2006, there were 39
people killed in 98 incidents caused by
improvised explosive devices (IED), mines
and explosive devices (ID), and 2 people
were killed in two incidents of VAE between
 Figure 2 : Incidents of Explosion & Casualties by Districts, 2010
6 6
5
4
3 3
2 2 2 2
1 1 1 1
the signing of the Comprehensive Peace
Accord i.e November 21 and December 31,
2006. The total number of deaths caused
by VAE decreased to 13 and 4 respectively
in 2007 and 2008. Although the overall
numbers of casualties and incidents has
decreased in comparison to the previous
years, sixteen people were killed in 2009,
which was four times the death rate in
2008. Fortunately, there was not a single
death caused by the 22 incidents of VAE
in 2010. Despite the decrease in incidents
and casualties caused by VAE, there is still a
prevailing threat of VAE, which has not yet
been solved by the ongoing peace process in
Nepal.
Out of the two deaths in 2006 that
were identified after the signing of the
CPA, one boy was killed in the Ramechap
district as he was trying to pull the wires
from an ED with his teeth. The device had
been dropped near to his house by Maoist
cadres prior to the incident. In the other
incident, a Muslim girl was killed in the
Morang district when she threw the ED
onto the ground. The deceased worked as a
rag picker and picked up the ED to take for
metal to sell (scrap metal). Out of 13 deaths
caused by VAE in 2007, nine people - three
Incidents
Casualties
2 2 22
11 11 1 1 11 11 11 11 11
children, one woman and five men, were
killed during one incident in Dang, when
villagers were trying to defuse a Bucket
bomb. In addition, two boys were killed
when they were handling EDs that they had
found in a jungle while they were picking
mushroom in an area which had been used
as a firing range for the army. Two boys
were also killed in Doti and Kalikot when
they were playing with EDs at their homes.
In 2008, two boys were killed in their homes
while handling a socket bomb which had
been kept in their house during the conflict
by the cadres of UCPN-M.. A boy was
killed when he was playing with a socket
bomb at his house; police also recovered
another unexploded socket bomb from the
same incident site. A woman was killed in
the premises of the Army Barrack in Rolpa
district when she stepped on a mine while
cutting grass. In 2009, out of 16 deaths
caused by VAE, two persons, a woman and
a man, were killed after they stepped on a
mine while entering the premises of the
security forces for the purpose of collecting
grass and wood in the Rolpa and Dang
Districts respectively, even though the
perimeter was marked as a ‘prohibited zone’
. Moreover, two children and one man
Nepal Human Rights Yearbook 2011 125
 Figure 3 : Places of Incidents and Casualties, 48 of these people were literate and the
2010 rest were illiterate. Forty-one children were
killed during the period, 19 persons aged
Near to insdustrial area 2 between 19 and 39 were killed, as were 12
1
Near security camp 2 persons aged between 40 and 59. Most of
2
2 the deceased, i.e. 36, were categorized as
Jungle 2 Incident Casualties
being in the lowest economic condition (up
Public place/bazar 10
4 to 3 months surplus for hand to mouth), 31
Government office 7 were belonging to the lower class (up to six
2
Agricultural land 9 months surplus grain) and 5 belonged to
5
9 the middle class (up to 12 month surplus
Home 6
for hand to mouth). Thus it can be seen that
poor people are more at risk of being killed
were killed in the Kailali district when the
by VAEs.
victims were handling a hand grenade that
Nepal is divided into geographic
was found near the village. One man was
three belts, the Mountain, the Hill and
killed by an explosive device which had
the Tarai. Out of total deaths caused by
been placed near his home, the explosion
VAE from 2006 to 2010, 48, 21 and three
occurred when everyone was asleep. One
persons were killed in the Hill, Tarai and
agricultural labor was killed when the tiffin
Mountain regions respectively. In 2006, 18
bomb which he found in a paddy field while
people were killed in the Hill and 18 in the
harvesting rice in Parsa district, exploded.
Tarai-Madhes regions, but in 2007 all the13
Three people were killed in Chitwan when
people killed were from the Hilly region
a boy was rubbing a mortar against a log
(Palpa nine, Nuwakot two, Doti one, and
near to his house. The seven year old boy
Kalikot 1). Additonally, in 2008, 3 people
had brought the mortar to his home after
were killed in the Mountain regions and 1
he had found the unexploded weapon at a
was killed in the Tarai. The casualty trend
nearby Armed Police Force Battalion. Two
was reversed in 2009 with nine and seven
boys were killed in the jungle of Gulmi
district; they had found a round object in
between two stones when they had gone to Figure 4 : Type of Explosive Device &
graze some goats. The object exploded when Casualties, 2010
they were pulling it out from between the
3
stones. Likewise, a person was killed in the 1
courtyard of their homes in the Sarlahi, 1
Pyuthan and Baitadi districts, and a boy
was killed near to a school in the Bajhang
district when he tried to open a plastic bag
which an ED was wrapped in.
During the four-year-period under
discussion (2006-2010), there were 72
people killed, of these 50 were male and 36
22 were female. Out of total deaths, it
was recorded that there were 33 students,
27 Farmers, 5 labors and two employed
persons and five unemployed persons IED MINE
killed. Based on their Educational Levels, OTHER IED UNKNOWN

126 ERW, Small and Portable Lethal Weapons : Threats and Challanges
Figur 5 : Causes of Explosion, 2010
14

2 2
2

people being killed in the Tarai-Madhes and
Hilly regions respectively. INSEC’s VAE,
SAPlW surveillance system recorded that
there were 13 incidents caused by
VAEs in the Hill Region and five Table : 1
in the Mountain region. From Age
Casualties
immediately after the CPA in Group
2006 till 2008, there were more 0-4
casualties in the districts of the 5-18
hill region but from 2009, the 15-59
incidents of VAE is increasing 60+
in the Tarai-Madhes. This is due Total
to the instability caused by the
armed Tarai outfits that have abandoned
and dropped EDs in public palaces with the
aim of creating terror in the area.
casualties in three of the districts ( Jumla,
Dolpa and Humla) of the Mountain region.
Within 12 months of 2010, the
most affected districts were
located in the southern part of
the country– the Tarai-Madhes.
The Tarai has become the more
1 dangerous place after the signing
19 of the CPA. There has been an
20 increase in new armed groups
1 who have a veil of being political
41 parties, these groups have tended
to use IEDs while organizing
violent activities such as extortion, rape,
kidnap and murder in the Tarai. Innocent
people are caught by the EDs, which are

1.1 Tarai-Madhes More Affected Figure 6 : Casualties due to the SAPLW, 2010
As based on the INSEC’s (VAE
December 52
SAPLW) Surveillance System, there were
November 56
30 casualties in 13 incidents by VAE in
October 111
nine districts of the Tarai-Madhes (Prasa,
September 113
Sunsari, Saptari, Dang, Bara, Rautahat,
August 42
Siraha, Banke and Makwanpur) out of
July 50
the total 17 districts. Parsa district had
June 53
the highest number of incidents (three)
May 43
in which there were 6 casualties. Four
April 36
incidents of VAE were identified in four of
March 32
the districts (Gulmi, Myagdi, Baglung and
February 39
Dailekh) of the Hill Region. Additionally,
January 38
it was identified that there were three

Nepal Human Rights Yearbook 2011 127

 dropped or abandoned near to industrial Figure 7 : Casualties die to SAplW, 2010
and commercial areas and public places to
terrorize the business persons and demand
192
that they pay money to the groups. In such
situations, innocent people and children will
be the victims of EDs. Therefore, the Tarai
plains must be prioritized for effective mine
action programs: and the use of explosive
devices and other arms by these Tarai 478
groups must continue to be highlighted and
strongly condemned in order to prevent the
high number of VAE related casualties Injured Killed
Similarly, the second highest incident
1.2 More Incidents In Settlement Areas
of VAE occurred in public places, where
As shown in figure 3, the highest
10 persons were injured in four incidents.
number of incidents (nine casualties in six
Likewise, nine people were injured in six
incidents) occurred in civilian’s homes. It
incidents after they had been handling the
has been observed that civilians, especially
EDs that had been found in agricultural
children, often bring explosive devices
fields. These incidences have occurred as
from the surrounding area to their homes,
a result of armed groups, who have been
where they then start tampering or playing
mobilizing in the Tarai-Madhes belt of the
with the device. Children, by their nature,
southern part of Nepal, abandoning the
are curious about new things and they
EDs. As the remnants of EDs and mines
will try to handle and play with EDs,
were used by both the conflicting parties
mistaking them for toys. This is the main
during the decade long violent conflict,
causes of deaths and injuries by VAEs. It
there is also a threat posed to civilians,
is particularly worrying that the presumed
especially in the Hill and Mountain regions
safe haven of the home has become the
of Nepal.
most frequent setting for victim-activated
explosions.
1.3 Children Most Vulnearable
Among the 41 fatalities in the
Figure 8 : Casualties on the Basis of 22 victim-activated explosions in 2010,
Sex & Age, 2006-2010 children accounted for 49% (20). This
491 figure was 54 % (39) and 64% (46) in 2008
and 2009 respectively. It was also found
that there were 21 persons (seven women)
injured by VAE in 2010. In Nepal, many
women fall victim to EDs while they are
collecting wood, food or fodder, or cutting
the grass within the perimeter of Security
Force bases. Figure 4 below details the
118
ages of all casualties resulting from VAE.
46 It highlights that these explosive devices
15 are indiscriminate, in that they injure
people from all age groups, particularly
Boys Girls Man Woman those who are unaware of the threats that

128 ERW, Small and Portable Lethal Weapons : Threats and Challanges
Figure 9 : Casualties by SAplW by Districts, 2010
119
26 27
18 18 16
7 7
13 13
8 11
2 1
they pose. However, the graph clearly
identifies the most affected age group in the
aforementioned period, are those children
aged between 10 - 14 years. This is followed
by people aged between 25 between 30
and then between 5 and 9 years. Young
boys from these age groups appear most at
risk, accounting for 49% of all casualties,
while girls from this age group account for
29.5% (8). Thus, it can be seen that children
are particularly vulnerable to VAEs. The
majority of child casualties resulted from
children handling and tampering with the
explosive device or intentionally striking and
throwing the device to satisfy their curiosity.
In addition, children are responsible for
tending cattle and sheep in many societies.
They often follow their livestock into new
areas in search of new grazing land and thus
come across VAEs.
figure 6. While most of the
bomb were known to be
used by the Maoists during
the conflict, nowadays these
bombs are known to be used
by Tarai armed groups. One
incident involving mines in
the Mid-Western region,
37
where a civilian stepped on
16
13 mine near a Security Force
5 5 4
base.
The largest number
of casualties – 14 (33%), out
of the total 41 casualties in
22 incidents, were as a result of the victim
playing with an ED, which had been
dropped or abandoned during the conflict
or by the armed groups in the Tarai Belt.
The second highest number of casualties
resulted from the handling and Tampering
of the explosive device (nine persons). Eight
of these casualties occurred while the victim
was watching or walking near by the persons
who were handling the EDs. Four police
officers were injured inside the district
police office, while cleaning the store room
in Dang district. Two persons were injured
by explosive devices that were intentionally
exploded. See figure 5.
Therefore, to minimize the incidents
of VAE, efforts need to be made to stop
the armed groups in Tarai using IEDs to
achieve their aims. At the same time, the
removal and destruction of those abandoned

1.4 Types of Explosive Devices And Figure 10 : Casualties by Place. 2010

Casualties 6
66
As based on the INSEC’s VAE,
small arms and portable lethal weapons 226
122
surveillance system, 36 (89%) casualties
resulted from an explosion of Improvised
Explosive Devices and two persons (2%)
were injured when mines exploded, (2%)
were injured by other Eds, whereas five (7%)
casualties were as a result of unidentified 250
Home Road/Path Public places
EDs. Out of the 36 casualties, 24 persons
were injured by sutali bombs (IED), see Farm/Jungle Other

Nepal Human Rights Yearbook 2011 129

 a serious challenge of
Figure 11 : Causes of Attack, 2010
armed violence caused
400
by the illicit use of small
342
350
arms and portable lethal
300 weapons. The illegal use of
250
SAplW destroys lives and
200
livelihood, breeds insecurity,
fear and terror, increases
150
gender based violence and
100 84
76 ultimately hampers the
56
50 42
20
35 ongoing peace process in
15

0 Nepal.7
Personal Domestic Political attack Robbery/theft
disputes violence
and stored IEDs, from the conflict period,
must also continue to be prioritized.
Similarly, efforts should be made for mine
risk education among children because
they are naturally more curious and have
less knowledge of the risks involved with
handling EDs and are thus more vulnerable
than adults to the dangers these devices
pose.
2. Small Arms and Portable Lethal
Weapons (Saplw)
Armed violence corrodes all sectors
of a society. Armed violence also has a
rippling effect throughout the society,
creating a climate of fear, distorting
investment, disrupting markets, and closing
schools, clinics and roads. Armed violence,
while affecting all people, affects certain
groups and regions disproportionately. It is
the fourth leading cause of death of persons
Professional Gang Violence Kidnapping unknown
Disputes Prior to assesing
the impact caused by the
incidents of SAplW in 2010, the definition
of small arms and portable lethal weapons
will be reviewed.
As mentioned in the Arms and
Ammunition Act, 1962, “Arms” include
the rifle gun, pistol, revolver, mining and
grenade, their parts and the machinery
which manufactures such arms. “Machine
Gun” includes brenguns, luis guns, station
machine carbines, tomson machine carbines
and other similar automatic weapons and
their parts, the vehicles to be used for
transporting and mounting such machine
Figure 12 : Weopons Used in Attack, 2010
320
163

between the ages of 15 and 44 worldwide.6 109

The widespread use of Small Arms 40 38

and portable lethal Weapons (SAplW)
has existed for a long time in Nepal and
was exacerbated during the 10-year long
conflict. The end of the war does not
guarantee the establishment or return of
security in the affected areas. Even after
the signing of the CPA, Nepal is facing

6. Global Burden of Armed Violence, Geneva Declaration Secretariat; ISBN 978-2-8388-0101-4

7. Nepal Working Groups n Small Arms and Other Portable Lethal Weapons Terms of Reference, Kathmandu,

130 ERW, Small and Portable Lethal Weapons : Threats and Challanges
gun and the machinery which manufactures
such machine guns. “Ammunition” includes
fugsignal fuses (Dhumika Sanket), gun
powder, caps, the ball of a gun, shells,
detonators, cartridges, as well as similar
types of explosives and other ammunitions.8
SAplW is defined as small arms and
means any lethal weapon that is transported
or carried by a person, and that expels or
launches, is designed to expel or launch,
or may be readily converted to expel or
launch a shot, bullet or projectile by the
action of an explosive, excluding antique or
replica small arms and light weapons. The
Act also says that small arms are, broadly
speaking, weapons designed for individual
use. They are relative cheap, easily portable
and concealable and, in most cases, require
minimal maintenance and logistical support
and can therefore be operated relatively
easily. They include, inter allia, revolvers
and self-loading pistols, rifles and carbines,
sub-machine guns, assault rifles and light
machine guns. Other portable lethal
weapons are understood to be weapons that
have been designed for individual use. They
include, inter alia, knifes, swords, khukuris
and small IEDs. 9
According to INSEC’s VAE,
SAplW Surveillance System, there were 670
casualties including 192 deaths from 485
incidents involving SAplW in 2010. The
highest number of casualties was recorded in
September number 113 and was followed by
that in October which was 112. On average,
there were 55.5 casualties in each month of
the period. See fig 7 and 8 for details.
2.1 Vulnearable Child And Women
Armed violence affects women,
men, girls and boys in different ways, as
both the perpetrators and the targets of
8. Arms and Ammunition Act,2019 (1962)
9. Nepal working Group on Small Arms and Other Portable Lethal Weapons, Terms of Reference
10. Global Burden of Armed Violence, Geneva Declaration Secretariat, Geneva, 2008
armed violence. Across cultures, most acts
of violence are committed by men, and men
and boys also account for the majority of fire
arms-related deaths and injuries.10 In Nepal,
of the 670 casualties resulting from 485
incidents by the illicit use of SAplW during
the 12 months of 2010, 491 men were the
victims. Nine percent of the victims were
children (61) and 18% (118) have been
reported , in addition 41 women including
five girls were killed. In most of the cases,
women have often been the victims of
domestic violence carried out using SAplW.
See figure 9.
2.1 Tarai Madhes More Affected
INSEC’s surveillance system has
recorded armed violence in spread in
58 of the districts in Nepal but severely
affects many of the Tarai-Madhes districts.
According to INSEC’s VAE, SAplW
Surveillance System, it has recorded that
55% (369) of the total number of 670
casualties were documented in the 20
districts of the Tarai-Madhes, whereas
only 45% (301) of the cases were identified
in the districts of the hill and mountain
regions. It is found that all the districts of
the Tarai-Madhes belt i.e. Jhapa, Morang,
Saptari, Siraha, Dhanusa, Mahottari,
Sarlahi, Rautahat, Bara, Parsa, Chitwan,
Nawalparasi, Rupandehi, Kapilbastu, Dang,
Banke, Bardiya, Kailali and Kanchanpur,
were affected by incidents involving SAplW.
The highest number of casualties was
recorded in Morang (119) and followed by
Surkhet (73 cases), which is a hill district.
Additionally, the third highest number
of casualties (37) was recorded in the
Banke district. In the same way, Bara and
Dhanusa accounted for 27 and 26 casualties
Nepal Human Rights Yearbook 2011 131
 respectively, whereas 21 casualties was
found in Kathmandu, the capital city of
Nepal. Based on the documentation in the
VAE, SAplW Surveillance system, 111 and
81 persons were killed in the districts of the
Tarai-Madhes and the Hill and Mountain
regions respectively. This indicates an
extensive use of SAplWs by armed groups
in these regions. See fig 10.
It has been said by the security
authorities of Nepal that the government
of Nepal has not been able to control, as
required, the illicit use of SAplW weapons
by the secessionist and armed groups in
the Tarai-Madhes belt.11 Furthermore, the
instability and armed violence in the Tarai-
Madhes districts are due to the proliferation
of SAplWs which are easily available in the
southern part of Nepal, due in part to the
porous boarder it shares with India.
2.2 Small Arms And Portable Lethal
Casualties By Setting
The home is usually considered the
safest place for human beings. Contrary
to this assumption, the home has also
become one of the most insecure places
for humankind. It was reported that 226
casualties were reported to have occurred
inside the home. Roads and paths have
also become one of the most dangerous
places as 250 people were injured and
killed from incidents involving SAplWs in
such places in Nepal. People were attacked
with SAplWs while they were walking or
traveling to meet their needs. Additionally,
the surveillance system recorded 122
incidents caused by the use of SAplWs in
public places (hotel, temple, Market etc.).
See figure11.
2.3 Motivation Behind Attack
The main motivation behind attacks
was personal disputes. It was recorded
11. Surakshya Sudharko Lagi Sahi Bato Samatieko Chaa? Interdisciplinary Analyst and Safer world , Kathmandu, Nepal, 2065
12. Global Burden of Armed Violence, Geneva Declaration ‘secretariat, 2008
132 ERW, Small and Portable Lethal Weapons : Threats and Challanges
that 342 cases of casualties were as a result
of personal disputes. The second highest
number of casualties (84) was recorded
as being a result of domestic violence;
women and girls are often the victims of
domestic violence which is perpetrated
using SAplWs. This indicates a prevalence
of gender based violence and continued
discrimination against women. See figure
12.
2.4 Types of Weapons Causing Incidents
Figure 12 shows that the highest
number of casualties (320) was caused by
khukuri/Knives. While other weapons,
including swords, sharp rods etc accounted
for 163 casualties. The third highest number
of casualties (109) and (40) was caused
by the illicit use of fire arms and IEDs
respectively. This indicates that to control
the prevailing instability that has resulted
from lawlessness; an effective criminal
justice response to armed violence is an
important element in reducing the illicit use
of SAplWs.
3. Persistent Threat
Although there has been a decrease
in the number of incidents and casualties
of victim-activated explosions during the
period from 2006-2010, the effects of
the explosives remnants of war and UXO
are still posing problems in Nepal. The
widespread use of EDs and small arms was
exacerbated during the ten-year conflict.
At that time both conflicting parties used
IEDs, mines and small arms in a large scale.
The remnants of the war are still a problem
even after the formal end of war, which was
achieved by the signing of the CPA by both
conflicting parties in 2006. It has been said
that the end of war does not necessarily
herald a return to security.12 Even after
the signing of the Comprehensive Peace
Accord (CPA) by the Government of
Nepal and the CPN (Maoist) in November
2006, and despite the ‘Agreement on the
Monitoring of the Management of Arms
and Armies’ (AMMAA), which marked a
clear commitment by both sides to ensure
a safe environment for Nepali citizens,
free from the threat of Landmines and
Explosive Remnants of War (ERW),
INSEC’s VAE and SAplW Surveillance
System recorded that there were 41
casualties from 22 incidents of VAE and
mines in Nepal. Civilians, usually children,
while walking on the road/path, working
in the filed or tending cattle and collecting
grass, have found the EDs and by virtue
of their curious nature have examined and
played with the devices, which has led to
them being involved in the aforementioned
incidents. As a result, even now the
members of society still fear the explosion
of the remnants of war.
According to the International
Campaign to Ban Landmine, it is estimated
that 3.25 Sq km areas are still covered with
mines and EDs in Nepal.13 Despite the
clearance of mine fields and EDs by the
Nepal Army with support from UNMIN,
the total achievement of their objectives
has not yet been met.. Only five out of
53 mine fields were cleaned in 2008. The
Nepal Army had only been able to clear
12 minefields in 2009. At the end of the
2010, the Nepali Army has cleared 18 mine
fields and 18 minefields still remained to be
cleared.14 It is also reported that during the
clearance of these mine fields over the three
years, the Nepal Army destroyed 5,950
anti-personnel mines. In addition to these,
28,273 EDs were also destroyed in seven
Maoist Cantonments.15
13. International Campaign to Band Land Mine; http://www.the-monitor.org/index.php/ publications/ display?act=submit&pqs_
year =2009&pqs_type=lm&pqs_report=nepal
14. Nepal Army : Humanitarian Demining Operation; http://www.nepalarmy.mil.np/demining.php
15. http://www.unmin.org.np/?d=activities&p=mine
16. Presentation by SSP Ramesh Phunyal-Nepal Police in SA&plW meeting, Kathmandu, 2010
17. Presentation by SSP Ramesh Phunyal-Nepal Police in SA&plW meeting, Kathmandu, 2010
The Unexploded Remnants of war,
including Mine, EDs and IEDs, are still
found by civilians, thus the abandoned
devices still pose a threat to the people of
Nepal. In addition to this, instability in the
Tarai-Madhes, along with the proliferation
of secessionist and criminal armed groups,
not only aids in the deteriorating security
environment but also directly challenges the
progress and success of the peace process in
Nepal.
The illicit used of small arms
and portable weapons is a main security
challenge for Nepal.16 According to
INSEC’s VAE, SAplWs Surveillance
System, there were 670 casualties from 485
incidents involving the use of SAplWs,
in which 192 persons were killed in 2010.
More people of the Tarai-Madhes belt
were affected by the illegitimate use of
SAplW than in other regions. Out of the
670 casualties, 262 were farmers, 113 were
students, 104 were employees, 71 were
business persons, 60 were unemployed,
30 were politicians, 4 were minors and 26
were unknown persons, these people were
the victims of 485 incidents in 2010. The
main causes of casualties (320 persons) were
attacks by khukuri and knives and followed
by attacks by swords and sharp knives (163)
and fire arms (109). Additionally 40 persons
were victimized by explosive devices, and
there were 38 casualties where the type of
weapon used could not be be identified.
According to the Nepal Police, 614
men and four women were arrested under
the ‘Arms and Ammunition Act, 1962”
and charged with being involved in 417
criminal activities. Furthermore, 70 pistols,
8 revolver, 28 rifles, 202 home pistols and
67 home made guns, including 654 bullets,
were confiscated.17
Nepal Human Rights Yearbook 2011 133
 4. Conclusion
In spite of the progress achieved by
Nepal through demining and IED disposal
activities, the recurrence of victim-activated
explosions and the increase of the illegal
use of SAplWs, especially in the Tarai-
Madhes where there has been a growth of
secessionist outfits, are serious challenges
to the fragile peace process in Nepal. It has
also impacted on the situation of Human
Rights.
Since the signing of the CPA and
the end of hostilities, a number of factors
have contributed to the new breeding
ground for armed violence in Nepal, this
includes:18
Instability in the Tarai-Madhes, with
the proliferation of secessionist and
criminal armed groups
Proliferation of Small Arms and other
Portable Lethal Weapons among which
a large part consists of illicit home-
made firearms and small Improvised
Explosives Devices
Lawlessness and a culture of impunity
Deteriorating security environment,
particularly for woman and children
Weak state presence in a number of
volatile areas
Slow progress on the security sector
transformation
Porous boarder between India and
Nepal
Presence of explosive remnants of war
from the decade-long conflict
Poverty, unemployment and
discrimination among youth
Increase in gender based violence and
the continued discrimination against
women
A post-conflict period is generally
considered to be fertile ground for breeding
criminal activities.. It can be asserted that as
Nepal is passing through a transition period,
it is essential that there be effective co-
18. Nepal Working Group on Small Arms and Other Portable Lethal Weapons-Terms of References
134 ERW, Small and Portable Lethal Weapons : Threats and Challanges
ordination among the organs of the state,
especially among security organizations, to
cope with the prevailing situation.
5. Recommendation
The following steps should be
undertaken for the reduction of the
incidents of victim-activated explosion,
small arms and portable lethal weapons
Accede to the main international
instruments, such as the Convention on
Certain Conventional Weapons and the
Ottawa Treaty, both of which address
the issue of explosive devices
Expedite the demining process. There
should be effective implementation of
Mine Risk Education
Provide support to the victims of
explosions
The UCPNM-Maoists should inform
the Nepal Government about which
houses they captured and their
stockpiles of EDs, and should support
the government with the clearance of
EDs.
The security situation in the Tarai-
Madhes belt should be upgraded and
the presence of the state agencies in the
remote areas of the region should be
improved.
The law should be enforced against the
illegal manufacture, trade and carrying of
arm without license, of small arms and
portable lethal weapons. The prevailing
penalty system should be strongly
used against the perpetrators. Enhance
coordination among the mechanisms of
the government to discourage the trade
on Small arms and EDs.
To bring armed groups in the due
process of law.
Enhance awareness against the uses of
and risks of carrying EDs, small arms
and portable lethal weapons