Key development issues in Nepal from Human Rights Defender’s perspectives

Subodh Raj Pyakurel,

Chairperson:-

INSEC, Nepal. www.insec.org.np

FORUM-ASIA, Bangkok. www.forum-asia.org.

Topics of talk: Key development issues in Nepal from Human Rights Defender’s perspectives (IDS/ODC, Kathmandu, 18^th October, 2011).

In the NGO report submitted to the UN HRC for the purpose of review of human rights situation of Nepal in January 2011, Nepali Civil Society concluded that there are THREE main challenges:

1.      Discrimination: reflected in daily life of Women, Dalit, Indigenous people, Children, persons with disabilities, Madhesi and other ethnic minorities etc.

2.      Impunity: reflected in Weak rule of law, Transitional Justice and asserting and monitoring rights (Civil and Political Rights).

3.      ESCR (Economic, Social & Cultural Rights): lack of significant progress in addressing the human rights situation in the country in respect of ESC rights, delayed pretending shortage of resources Technical infrastructure and needed law.

While practicing Human Rights for Development of people I realize FIVE aspiration and strong commitment of the people to fight for:-

1.      Progressive Change for better future.

2.      Protection of Freedom for dignity and choice.

3.      Inclusive Politics for recognition and respect.

4.      Good practices for development of culture of equality and equity.

5.      Human Rights, a fundamental principle to guide the nation in all situations.

Politics of Wrong, Frustration and Misinterpretation: (1996-2005) {Latest Crisis and impasse}

·         Constitution of 1991 had all requisites of modern democracy and human rights.

·         Nepal became party to all important international human rights instruments including process to ratify Rome Statute of the ICC (International criminal Court).

·         GDP growth  up to an average  of 7 to 8 percent.

·         Process to resource and power allocation to local bodies started.

·         Free economy, private business and global partnership started.

·         Several laws were promulgated and process of creating modern state initiated.

·         National human rights institutions established

·         Civil society expanded in terms of coverage and issues.

·         Politics of Ideology and Trade Union expanded in fast pace.

o   But, the culture of discrimination in Socio-Economic fronts did not change significantly. Politicians instead of challenging discrimination were based on perpetrators.

o   Wide expansion of education, Media and Civil Society movements brought consciousness, raised expectation, asserted rights of the people while politics was unable to cope it in knowledge and technical expertise.

o   Within five years of newly borned democracy CPN (M) Communist Party of Nepal Maoist, started high voltage armed struggle to eliminate the system, infrastructure and culture. They claimed they had the alternative. At later stage they claimed they have parallel structure (but never could prove the process).

Right to development, according to Vienna Declaration and Programme of Action (VDPA) 1993, is Fundamental Rights of the people, universal and inalienable rights. Part 1, Para 11 of the declaration states- “The right to development should be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations”. The declaration emphasizes on Dignified Life, Right to enjoy benefits of scientific progress and its applications. During the Vienna International Conference states reaffirmed their solemn commitment to fulfill their obligation to promote universal respect for and observance and protection of all Human Rights and Fundamental Freedoms for all.

Development for the people from human rights activist’s perspective.

·         Enjoyment of freedom.

·         Sense of security.

·         Equality in opportunity.

·         Access to capacity development.

·         Meaningful participation.

Change and progress towards betterment with affirmative actions is development in current Nepali perspective.

Development & Hope:

·         Undeclared Nepal Living Standard Survey by CBS (Nepal Bureau of Survey) 2003-04 to 2009-10, identified that there have been excellent progress in some of the indicators; only 13% population below poverty line from 31.5 , Literacy has gone up to 60% from 50.6, Child mortality rate, Girls education, Women’s reproductive health etc. has shown tremendous progress.

·         Constituent assembly represents proportionate representation of Women, Janajati and Dalit.

·         Civil society has been successful in making interventions to add perfection in many laws, putting parallel and counter agenda in international forum and holding discussions within the constituent assembly.

·         Media has been exposing public issues, uniting people and creating awareness.

·         Local governments are under more public scrutiny.

·         Judiciary has made several instructions on the formulation of remedial law and fulfillment of commitments.

·         Interim constitution provides wider protection of fundamental rights of the people including freedom of opinion and housing rights.

·         Comprehensive peace accord has stipulated guidelines towards peace process and transitional justice.

·         The work of CA provides an opportune environment to resolve some of the longstanding socio-economic and civil political rights related issues.

New Actors and Intermediaries:

•           Migrant laborers from Nepal (More than 3.5 m) are not only bringing back   remittance but also knowledge, investment and collective ideas.

•           The Community Forest Groups (having more than 2 million members), Mothers’ Groups, Consumers’ groups, Cooperatives/Collective growers and extensive presence of CSOs/CBOs.

•           Local media, professional organizations, political party units and affiliates, and the intellectuals.

•           New generation and group of citizens who have been enabled by political changes to claim for their rights; disadvantaged groups (Women, Dalit, Janajati)

•           International support, presence and concerns through INGOs, UN and diplomatic units.

•           A large number of creative aspirants and youths, who are the product of massive growth and expansion of educational and technical institutions.

The Major Challenge to Development:

•           Lack of capacity to understand the rapidly changing overall ambience of the country correctly (Political).

•           Lack of confidence to exercise peoples’ sovereignty (Rule of law).

•           Lack of expertise to utilize human/natural resources properly (Economic).

•           Inability to unite the nation (Cultural).

Key Development Issues:

•           Realization that freedom is the basis of development.

•           Understanding that equal access to opportunities is the foundation to national unity.

•           Civic education and responsible citizenry are the prerequisite to development.

•           Civil and Political Rights (CPRs) are vehicle to attain and authority to monitor Economic, Social and Cultural Rights (ESCRs).

•           Immediate goal of the country during transition period should be the capacity development of the citizens with affirmative plan of actions.

Let us discuss more.

Thanks.