Role of HRDs in Democratic Movements and Protection of Human Rights in Nepal:

Subodh Raj Pyakurel,

Chairperson, INSEC. www.insec.org.np.     Coordinator, CCCE www.cleanelection.org.

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, 19^th 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).

9^th to 11^th December, 2013.