Enforcing Life Sustaining Rights

Madhavji Shrestha

Respect for human rights in behaviour and action implies the observance of the fundamental rights of citizens that include economic, social and cultural rights. However, situations prevalent in the developing and underdeveloped societies are not conducive for the much-needed economic, social and cultural rights, despite the fact that a democratic environment enables citizens to enjoy civil and political rights. Economic rights are more significant especially in the want and hunger-afflicted societies than civil and political rights, because the former rights lie at the roots of life that nourish the latter civil and political rights. This realisation is now nudging every political party and civil society to call for the creation of a situation amenable to the genuine observance of the economic, social and cultural rights. There is a bigger demand to make these life-sustaining rights enforceable, just like the civil and political rights.

ConditionsHowever, it is very difficult to keep both civil and political rights alongside the economic, social and cultural rights. In a developing country with a nascent democratisation process, it is not only hard but also looks impossible to enforce these rights. At least, three conditions are responsible for the non-enforcement of these rights. First, the political will on the part of the politicians at the helm has not come forth; second, the ability of the government is highly limited in enforcing such rights, and third, the expectations of the people are ever growing. Of course, other factors like socio-economic stagnation and lack of awareness among the masses are also responsible for the non-fulfilment of the much-needed humanitarian needs.However, the recent development in Nepal, in particular, in the political domain and activities seems encouraging and sounds positive in enforcing the economic, social and cultural rights. Undoubtedly, this is an apparent consequence of the people's movement of April 2006 and the subsequent socio-political events following the democratisation process. Various provisions incorporated in the interim constitution of Nepal promulgated on January 15, 2007 point toward the direction of making the Nepali society egalitarian and democratic. However, their implementation is eagerly awaited as the country now being run by the interim coalition government of the eight political parties of various leanings is facing political and sectarian hurdles. The ability of the current government to deliver the goods is being questioned everywhere, even by the politically non-interested man. They point out to the continued dismal failure of the government to maintain even the primary condition of the law and order, leave alone any noticeable measure ever taken for the upliftment of the socially and economically downtrodden people. Discontent among the common people is fast spreading.

The insertion of the right to employment and other economic, social and cultural facilities as fundamental rights in the interim constitution of Nepal is politically significant, indicating the political parties' willingness to give greater impetus to the welfare and progress of the needy people. This has come about as a consequence of the people's pressure, on the one hand, while, on the other, this has been clearly encouraged and guided by the resolution on the International Covenant on the Economic, Social and Cultural Rights as adopted by the UN in 1966, which was decreed to come into force in 1976. However, to the surprise of all, the provisions contained in this internationally important resolution remains the pious wishes of the United Nations. They also resemble the content of the Directive Principles of the State Policy inserted at the beginning of any progressive and democratic constitution of a nation especially after the end of the Second World War. So in the case of Nepal, the insertion of the progressive economic and social rights in the interim constitution has, thus, given the impression that they are non-implementable and has hardly generated hope for the people.If the politicians at the helm genuinely desire to implement the important provisions of the economic and social rights in a convincing way, they must be resolute with unshakable political will and firm determination to pursue the concerned matter to its hilt. All major political parties, too, must brace up to prod the government to make its capability effective in implementing the provisions. To help realise these rights, due attention needs to be paid to the following propositions in the prevailing Nepali context.

Requisite financial resources can be found within the budgetary management of Nepal. Huge expenditures spent on the military and armed forces and the larger amount of money spent by the government for intelligence purposes are indeed non-productive and in a way hamper socio-economic development. The drastic curtailment of such non-essential expenditures is possible and lies within justifiable parameters. These financial resources, thus, saved could be diverted towards the direction of creating conditions for the observance of economic, social and cultural rights of the people, especially the important rights requiring expenditure from the state coffer.The federal structure as agreed by the eight political parties a few months earlier will naturally become an example of granting the socio-cultural rights to the people of different ethnic origin and various regions of Nepal. However, the federal structure itself will be hardly sufficient to grant the socio-cultural rights unless what the political experts call non-centralisation is maintained both in spirit and letter. The provisions contained therein ought to be put in action not only between the central and state governments but also among various ethnic, religious and linguistic groups living within the state units of the federal system. Among the social and cultural rights, educational, health and ethnic identity-related rights are far more important than any other rights. Specific provisions need to be put in place for the observance of these rights.

Although the UN had passed the resolution on the economic, social and cultural rights four decades ago, the world body has remained passive in forcing the member-states implement the provisions. The UN as a universal organisation commanding respect of the developing countries, in general, should move towards providing convincing schemes and programmes to the needy member-states with assistance from certain funds. It would be even better to link these rights with the much-hyped Millennium Development Goals now in progress worldwide. The UN must be able to stand for reinforcing respect for the economic and social rights of human beings.Moral obligationThe developed democracies also have some important obligations to enforcing these economic and social rights in Nepal. After all, these rights are, in essence, the human rights of the citizens of Nepal. If they are very watchful over the question of human rights, they should, in no way, remain behind in giving the required assistance for the maintenance of these rights.If the election to the constituent assembly, albeit delayed by several months, could be held by mid-November this year satisfactorily, it will certainly come to play an exemplary role in the political history of Nepal. The constituent assembly will be a political organ in ensuring the observance of the economic, social and cultural rights.

Source: The Rising Nepal, June 25, 2007