Subodh
Raj Pyakurel
Chairperson
Informal
Sector Service Centre (INSEC)
1. Introduction
This paper is prepared for the
program organized by Transitional Justice Resource Centre (TJRC)/World Vision
Advocacy Forum (WVAF) for the topic “The Role of Human Rights Defenders in the
Transitional Justice Process”. The paper briefly highlights the issues of human
rights defenders in the transitional justice process and some areas that Human
Rights Defenders (HRDs) required to strategize their efforts in ending it.
2. Context and Background
Nepal is undergoing transitional justice period after signing of
Comprehensive Peace Accord. The peace accord and 12 point program have included
principles of Human Rights as guiding principle to solve past problems and to
formulate future plan.
All initiatives including identification of combatants were
taken in close cooperation and participation of UNMIN and OHCHR. Hence value of
Human Rights principles seems to be well taken into consideration. Interim
constitution of Nepal adheres to the principles of Human Rights. It has
promoted NHRC as a constitutional body having access to the law making process.
3. Role of HRDs in Nepal
The role of human rights defenders
and national human rights institutions in promotion and protection of human
rights has been recognized worldwide. The UN Declaration on human rights
defenders confirms the rights of everyone, individually and in association with
others, to promote and to strive for the protection and realization of human
rights and fundamental freedoms at the national and international levels. HRDs
in Nepal work on a range of issues, and many are involved in monitoring and
investigation including pressure the authorities to investigate alleged human
rights violations committed by state as well as non-state actors including
criminal groups. These activities include monitoring conditions in jails,
investigating killings and “disappearances”, investigating reported cases of
rape, and cases of intimidation and torture.
Defenders have also taken the role
of negotiators in situations of abductions and arrests. In addition defenders
advocate and promote human rights nationally and internationally, through
educational activities, peaceful demonstrations, legal work and peaceful
campaigns for civil disobedience. In general, most NGOs in Nepal focus on
development activities or actions that mitigate the effect of human rights
violations, such as rehabilitation for victims
4. Challenges to the HRDs
Human Rights defenders were at the forefront during the conflict
period to oppose violation of Human Rights and Humanitarian law by both
parties. Their role was of watch dog, monitor and advocates of people’s
fundamental rights, democracy and rule of law.
Both the conflicting parties had expressed their principled
stand to respect and protect Human Rights in all circumstances. Nepal is the
party to major Human Rights conventions which specifically protects civilians’
rights during all kind of political course and conflict situation.
·
Human Rights principles do not have tolerance to violence and
injustice. No person should be convicted without due process of law. There is
the theory of innocence and procedural rules for implicating.
·
State is mandated to protect dignity, freedom and life of every
citizen. Non-state parties are also equally accountable during conflicting in
view of Human Rights principles, Rule of War and virtue of Humanity.
·
Rule of law indicates the process, Content and Compliance of the
law with international Human Rights law in all circumstances. That is the
reason that while declaring state of emergency the state needs to inform UN
their motive, plan and necessary protection mechanism.
·
UN and international principles have outlined the theory of
reparation. This includes Satisfaction, Feeling of Justice, Compensation, and
Rehabilitation, Restitution and confidence and belief of non-repetition of the
past atrocities.
·
Causes of conflict have been found in social discrimination,
political suppression and economic deprivation. These problems need to be
solved from the Rights Based Approach. And Rights Based Approach is defined in
the Human Rights Principles. Human Rights Conventions have covered various
aspects and sectors; Gender, Cast, Children, Migrants, and Refugee. Core
conventions; ICCPR and ESCR have established guideline and norms for
programmatic solution to the Political and Social problem.
5. Conclusion
Human Rights Defenders are the persons engaging voluntarily for
the protection and promotion of peoples Human Rights in all aspect of their
life. They use their influence, wisdom and access for the benefit of citizen
without any kind of discrimination. They engage with courage and expose
truthfully. They are the believers and practitioners of rule of law. They
represent the needy persons. They monitor responsible persons and organizations
and encourage, comment and support protective mechanisms. Human Rights Defenders
believe that Human Rights are always Inalienable, Indivisible, Interdependent
and Interrelated.
During the course of Conflict Transformation we have experienced
that some principles are negotiated and compromised. Human Rights Defenders’
role and duty is to examine properly that impunity should not be compromised.
Culture of violence should not be established and Victim’s satisfaction and
dignity should be upheld in all circumstances. Conflict always leaves multiple
impacts on the life and culture of the people. There are several kinds of
effects and needs various kind of treatment but it is not like prescribing
medicine based on exact pathological finding. As the matter is related with
persons, the psychological, cultural and inherited complexities are to be
carefully examined. Two points are the core of solving the issue; Exclusion and
Discrimination. No party should bear the feeling that they have been excluded
and or discriminated.
Political compromise and misinterpretation of Agreements, Laws
and procedures have been the challenge during reconciliation process.
Rehabilitation and Compensation is usually misused by the political actors to
compromise and forgive the perpetrators. Reparation is partially defined or
implemented in parts. Restitution is delayed or defined in vague political
terminology. International communities are more concerned on the economic
development and their intrusion in the new state structure to benefit their economic
and strategic interest.
During the course of peace process unprecedented developments
can emerge as the vicious challenge. Racial, Religious and Sectoral divisive
agenda may be provoked by the players of political motive to gain political
predominance. Human Rights Defenders who believe in Equality, Equity, and
Affirmative plan of development need courage, wisdom and patience to aware
general people on the basis of Humanity and Human Rights based principles of
development; e.g. Human Development Report, Judicial precedence, Nation’s
International Commitments and commitments of the political actors.
Thanks for careful serenity and expect insight query which will
expand my understanding on the topics.
For more information
please contact
Informal Sector Service Centre (INSEC)
Kalanki, Syuchatar
P.O. Box 2726, Kathmandu, Nepal
Tel: +977-1-4278770 Fax: +977-1-4270551
[1] Paper presented at the Transitional
Justice Resource Centre (TJRC)/World Vision Advocacy Forum (WVAF) on Sept 12th
2012 on the topic ‘”The Role of Human Rights Defenders in the Transitional
Justice Process"
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