Subodh Raj Pyakurel,
Overview:
During autocratic regime
1961-1990 human rights was a neglected and restricted factor. That was an era
of King's direct rule where monarchy was above constitution and the system was
called Party less Panchayat. During that period Nepal signed very few
international instruments; Anti-slavery Convention, 1961, Convention on all
forms of Racial Discrimination, 1966, CRC and Geneva Convention. But the global
awareness could not leave Nepal untouched. Hence in 1984 and 1988 two Human
Rights Organizations were formed named (FOPHUR) Forum for Protection of Human
Rights and (HURON) Human Rights Organization of Nepal. During that period
political parties were active in movements to restore democracy forcefully
banned by the king in 1961 and human rights advocates were advocating for
establishment of democracy based on the principles of Human Rights, Rule of
Law. Obviously we experienced close association between democratic forces and
human rights defenders during the period (1984 – 1990). This association
brought the result. Immediately after restoration of democracy and promulgation
of multiparty democracy in 1990 due to peaceful movement HRD were able to
influence the interim government to ratify major HR instruments including ICCPR,
Op. ICCPR, CAT, ICESCR and CEDAW. Till
now Nepal is party to 22 international human rights treaties.
In 1996 the Maoist party launched
violent war against the multiparty system and state which lasted till 2006.
That was an era of Chaos, Violence, Threat and all forms of atrocities against
the people. HRD were engaged in saving precious lives, documenting the cases of
human rights violations, appealing both parties to refrain from derogating
human rights and humanitarian law. After King's takeover in 2005 the
underground Maoist and agitating democratic parties joined for restoring
Multi-Party democracy which resulted reestablishing dissolved parliament and
abolishment of Monarchy declaring Nepal a federal and secular state. During the
second transitional period human rights community was able to influence the
restored parliament to commit accession to ICC (International Criminal Court)
through directive to the government to begin the process. When the
comprehensive peace agreement was signed between Maoist party and other
democratic parties in 2007 human rights defenders role was focused towards
justice to the victim of conflict, preservance to rule of law and fulfillment
of human rights law obligation.
After 1990 human rights
organization delved in monitoring nation's human rights obligation through
(HRTMCC) Human Rights Treaty Monitoring Coordination Committee and in 2011
during the first examination of UPR it was NCUPR (National Coalition for UPR).
Likewise NCICC (national Coalition for ICC) is also active to advocate for the
accession of ICC statute. According to UPR counter report presented by the HR
NGOs in 2011 there are 3 main challenges; Impunity, Discrimination and Rule of
Law.
Due to their firm stand for
Justice and against Impunity HR Defenders have been alleged and attacked
several times. Media persons and HRD are time and again alleged as Foreign
Agents, Opponents of Peace and Enemy of Maoist party who wanted to bring (TRC)
Truth and Reconciliation as an instrument to grant blanket immunity to the perpetrators.
They even made public appeal through their mouth peace to the people to punish
us (HRD & Scribes).
The first (CA) Constituent
Assembly election was held in 2008 but that was dissolved with failure to
promulgate constitution due to political rift. In 2013 November, 19th
second election for the CA was held. During the CA election HRD and Civil
Society groups formed a coalition called CCCE (Citizens' Campaign for Clean
Election) with a motive to support and encourage voters to cast vote to the right
person. The mission focused on rule of law, human rights and democracy as a peaceful
means to build and develop our nation towards social justice. 368 local FM
stations and internet communication including social media were mobilized and
included as partners to this mission. It was conducted like Public Vetting of
the Candidates at the grass roots. And the election resulted to get positive
message where mostly youths, new faces committed to the value of democracy have
won the election.
We are committed and
convince that:
Democracy should
be adopted as a means for the attainment of political mission of our nation in
peaceful and participatory manner.
Human Rights
should be internalized as a philosophy to adhere to the principle of
affirmative action in all walks of life.
Rule of Law
should be applied without any compromise to build our citizenry a civilized,
modern and inclusive society.
Being partner to all democratic
movement and process we, the HRD of Nepal claim and enjoy social respect and
recognition. Our activities are evolutionary from rural to the urban and at the
national political level to intervene on behalf of the people. Civil society
organizations are active and deep rooted.
Next plan is to organize CCCC
(Citizen's Campaign for Clean Constitution). That will be nationwide mission to
attain our vision, and collective action of all Civil Society, Media, Civil
Rights activists and HRD's.
Presented at:
Speak Truth to Power, Expert
meeting.
Organized by:
Justitia Pax, the Netherlands
(The Hague).
9th to 11th
December, 2013.
