Nepal: Khimti-Dhalkebar Transmission Line

The Khimti-Dhalkebar 220 kV Transmission Line is a high-tension transmission line that runs through five districts in central Nepal and has impacted more than 114,000 people. The World Bank board approved funding the project in 2003 as part of the Nepal Power Development Project (NPDP). The Nepalese Electricity Authority (NEA) completed construction of the line in January 2017 after delays due to opposition from affected communities.

The Problem

Affected community members, including Indigenous Peoples, Dalits, women, and other marginalized groups, have had various concerns about the project from its outset. The route for the transmission line covers residential and urban areas, as well as a number of schools. In violation of World Bank policy, the affected communities located directly under the route were not informed or consulted. There was a lack of information and consultation about the project design, potential health, safety, and environmental impacts, and inadequate compensation for livelihoods lost as a result of the line. As a result, the communities sought a rerouting of the line.

Peaceful community protestors voicing these concerns were met with violence. In a 2012 protests, armed police beat local women so severely that some still suffer from the injuries. Threats of violence and intimidation by the NEA continue, creating anger, frustration, and sadness for the affected people, but the people are determined to stand their ground.

For nearly a decade, there was virtually no direct communication from the NEA or the World Bank to affected communities despite the communities’ primary demand for clear information and participatory consultation. Communication materials were distributed only in March 2014, and, even then, these emphasized the positive aspects of the project and failed to discuss negative impacts and risks. Eventually, when World Bank and NEA officials did meet with the affected people they dismissed the concerns raised and instead redirected the conversation to monetary compensation.

In early April 2016, the Government of Nepal deployed armed police forces to Sindhuli District to ensure opposition to the project did not obstruct surveying and construction activities. In April 2016 and, later, in July 2016, the police beat and detained community members who were peacefully opposing the project. Both times, community members were released from prison only after agreeing under duress to sign their “consent” to the project.

Steps to Demand Justice

Through the Kathmandu-based Lawyers’ Association for Human Rights of Nepalese Indigenous Peoples (LAHURNIP), affected communities approached the Supreme Court of Nepal in an attempt to suspend the project until all social and environmental impacts were addressed. After these attempts to appeal to national political and judicial processes, they contacted Accountability Counsel. Since then we have been working alongside LAHURNIP to support Sindhuli communities to voice their concerns to the World Bank.

On 10 July 2013, the communities filed a complaint to the World Bank’s accountability mechanism, the Inspection Panel. The complaint raised concerns about human rights violations associated with the construction of the transmission line. The complaint demanded that the Inspection Panel immediately investigate the Bank’s role in this project. Communities also demanded that the Bank halt construction of the transmission line and that the Nepalese Government cease violence against local people who have spoken out against the project.

“We have no other option but to struggle. All of our land is here. We have been living here since the beginning of human development in this region.” – Sindhuli Resident

The Inspection Panel’s Investigation

In October 2013, the Inspection Panel issued their report and recommendation that a full investigation be carried out into violations of World Bank policies during the planning and implementation of the transmission line. The report made requirements for investigating possible alternative project designs.

However, instead of immediately opening such an investigation, the Inspection Panel announced that the investigation would begin after 30 April 2014. The rationale for this delay was to provide World Bank staff time to extend their participation in the project, which was scheduled to close on 30 December 2013, and to allow Bank Management the chance to implement an action plan to address community concerns. Accountability Counsel immediately expressed concern that the Panel’s failure to promptly investigate would make the situation worse – and it did. The Panel commenced their investigation in May 2014 and visited affected communities in July 2014. During the lengthy time it took for the Panel to complete its investigation, the situation deteriorated in Sindhuli.

In April 2015, Accountability Counsel produced the report Livelihoods on the Line in order to ensure continued engagement by the World Bank Board and Management.

The Inspection Panel’s Findings

On 10 July 2015, the Inspection Panel released its findings, concluding that the World Bank had violated several of its policies in the implementation of the Khimti-Dhalkebar Transmission Line Project. Violations included failure to inform and consult affected communities, assess alternative routes for the transmission line, assess the capacity of the local agency implementing the project, and provide adequate resettlement support for forcibly displaced families.

In response, the World Bank released an action plan, which was intended to bring the project into compliance with Bank policies. Many of the Bank’s proposed actions were forward-looking and did not adequately address the violations and harm caused in this project.

Further Violence in 2016

During the first week of April 2016, the Government of Nepal indicated that it wanted to restart the project construction that had been halted due to community complaints of lack of information and consultation on their forced displacement. This led to community protests on 10 April 2016 with about 160 people taking part in a peaceful sit-in outside government offices. On the morning of April 10, several sit-in leaders were invited inside to discuss their demands. Upon exiting the offices after this discussion, six of them were arrested. They were released the following day but only after they were forced to sign documents giving their consent to the project. Also on 10 April 2016, police forces were sent to disperse protesters, and several dozen people were injured. Photos of these events from a local news agency are found here.

Following Accountability Counsel’s trip to Nepal to investigate the violence, on 7 July 2016, LAHURNIP and Accountability Counsel sent a letter and briefing paper to the World Bank President and the Board, strongly urging them to counter intimidation and militarization in the project.

Steps Toward Facilitated Dialogue

In May 2017, after nearly two years of Accountability Counsel’s consistent advocacy, a World Bank-supported facilitator began work to address the dispute between the Government of Nepal and Sindhuli communities. Over a period of 1.5 months, there were three facilitated meetings between the NEA project team and Sindhuli Struggle Committee leadership. Newly elected local government officials, including the mayor, participated in this dialogue to support their Sindhuli constituents. However, without notice or explanation, the World Bank refused to continue funding the facilitator, and the process came to an abrupt end.

While Accountability Counsel’s active role has come to an end, we continue to closely follow and communicate with LAHURNIP and the residents of Sindhuli.

“They never tried to understand our concerns. Perhaps they wish to force the transmission line to be constructed over our tears…” – Sindhuli Resident

Learn more about the Inspection Panel process in this case and our impact.

Steps after case closure

Even after closing the case, we supported Sindhuli communities through the World Bank’s access to information process. The communities were seeking disclosure of a report by international dispute-resolution expert, the Consensus Building Institute (CBI). The CBI report was commissioned by the Bank as a direct response to the dispute between the local communities and government authorities. Our support to Sindhuli communities resulted in the release of CBI’s report in October 2018. The CBI report’s release is a vindication of the community’s demands after the Bank had refused disclosure for two years.

Case Partners

Accountability Counsel provides support to indigenous communities and grassroots organizations in Nepal in partnership with Kathmandu-based Lawyers’ Association for Human Rights of Nepalese Indigenous Peoples (LAHURNIP).