A/HRC/4/97
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or activities organized through students, women’s or cultural groups as well as the militia. Lack
of access and the systematic denial by CPN(M) that it recruits or uses children, makes it difficult
to assess the numbers involved. CPN(M) leadership acknowledged, in a meeting with OHCHR
and UNICEF on 24 August, that there were thousands of children in CPN(M) “for good reasons”
but has consistently denied their presence in PLA in spite of evidence to the contrary. OHCHR
has been collaborating with UNICEF and child protection agencies to advocate for the separation
of all children from CPN(M).
37.
Large-scale group abductions of teachers and schoolchildren have decreased since
April 2006. Nevertheless, children were still collectively taken for short periods of time by
CPN(M) cadres or members of its student union organization, the All Nepal National
Independent Student Union - Revolutionary (ANNISU-R) to take part in mass political
gatherings. In Kathmandu, thousands of children were taken from schools to participate in
programmes organized by ANNISU-R. OHCHR, UNICEF and others have called on all
political parties not to disrupt education in schools through political activities and, not to force
children to participate in political programmes, and urged them to develop a code of conduct
regarding the appropriate participation of children in political activities.
D. Abuses by other armed groups
38.
Following the April 2006 protest movement, OHCHR received increased reports of
killings and abductions by the Janatantrik Terai Mukti Morcha (JTMM), an illegal armed group
which started operating in 2004 as a splinter group of CPN(M). In August 2006, JTMM split
into two factions: the original group led by Jaya Krisha Goit, and the other led by Jwala Singh.
Both factions advocate armed struggle for self-determination of the Madhesi community, which
has been traditionally marginalized in Nepalese society.
39.
JTMM has extended its influence from a few Eastern Terai districts to other districts in
the Eastern, Central and possibly Mid-Western regions. JTMM abuses in the East continued up
to the end of 2006, including the abduction of some 30 Pahadis (people of hill origin who
migrated to the Terai); while most of them were released after paying a ransom, several remain
in JTMM captivity. Some abductions occurred during transport and commercial strikes (bandhs)
called by JTMM. A bandh from 16 to 30 December was the first which targeted exclusively
Pahadis. A bus passenger was fatally shot by JTMM in one incident on 28 December.
40.
JTMM and CPN(M) also engaged in an open conflict particularly between June and
September 2006. At least five CPN(M) members were shot by JTMM (two of them fatally in
July), while at least three JTMM members were shot by CPN(M) (one fatally, also in July).
Both groups have abducted members of the other accusing them of spying. With few exceptions,
the police have not investigated or intervened to stop acts of violence involving JTMM or
CPN(M). The absence of effective law enforcement has led to a climate of fear and uncertainty
in districts where JTMM is most active and could impact on the electoral process, especially if
Madhesi demands are not adequately met. In January 2007, one JTMM faction announced it
would stop constituent assembly elections in the Terai.
41.
Hostility among illegal “retaliation groups” (known as Pratikar Samiti (PS)), CPN(M)
and government authorities in the Western region Terai districts has also resulted in acts of
violence and extortion. However, by the end of 2006, reports of such abuses by PS were
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