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

Bandarmude

The members of the eight party alliance, the general public, the international community, and everybody who is concerned about the deteriorating situation in Nepal have gone hoarse demanding that Maoists respect the rule of law and stop taking the law into their own hands. Instead of abating the spree of violence and highhandedness, the Maoists have been emboldened by the apathy and ineptitude of the government to maintain the security situation in the country. The height of highhandedness has been exposed recently when the Maoists' youth wing Young Communist League (YCL) threatened to kill the people who were injured in the worst-ever killing of innocent people by the Maoists during the insurgency, at Bandarmude of Madi Chitwan on June 6, 2005 in an orchestrated landmine blast: 39 people were killed and 72 were injured.

The threat to Madi victims came for their nine-point demand and also for the dispute about the memorial to be erected. The chairman of the Victims Committee Mukti Neupane, vice chairman Krishna Adhikari and two members Sudeep Niure and Shyam Bista have been threatened with death by Maoist cadres for their strong voice against the Maoists, and the demand for compensation and medical treatment among others. The issue of mentioning the Maoists, as being responsible for the incident, in the plaque of the memorial that is being planned to be erected at the blast site has also created a rift between blast victims and local Maoist leaders. The Maoists, as reported, are creating the scene just to avoid mention of their party's name as the culprits for the blast. The cause of the blast is a crucial issue, so without mentioning the name of the perpetrators, there would be no point erecting a memorial.

The Maoists could have utilized Bandarmude as an example of their changed attitude. Instead, they used the issue to prove that the party has not given up threats and violence to terrorize people and suppress voices against them. The YCL cadres have even threatened victims not to contact journalists, which is an example of their unchanged attitude. Even CPN-UML general secretary Madhav Nepal -- who has been talking of a left alliance -- has been compelled to mention that YCL atrocities against hapless people are actually worse than reported. Nepal has come to the conclusion after visiting different districts. And we believe he is right. It is high time Maoists took the complaints against them seriously, and changed their attitude and behavior. The top leadership is turning a deaf ear to the complaints because they think otherwise the party dissenters would win over the violence-loving cadres. However, the Post strongly believes that if they can convince the cadres to behave well, they could become popular and would be able to erase the negative image of their past.

Source: The Kathmandu Post, June 25, 2007

Democratic practice : Will it be sustainable in Nepal?

Ganga Thapa

Scholars studying the fragmentation of authoritarian regimes and their transition to democracy do not believe that political, social and economic institutions must be strengthened before the regime is strong enough to face future crises. Realists, however, note that transition to democracy is a more delicate issue than stabilisation in war-torn states, hence it is preferable to go about political accommodation slowly and steadily. Since the April Awakening, the problem of governance has acquired prominence. Indicators suggest that the support for democratic institutions is deteriorating due to the lack of reform and political transformation. The challenge of transition to democratic rule is hence formidable.The issues of regime change are closely linked with the state as conceived in the Weberian term: No state, no democracy.

In other words, the process of regime change that leads to state decay or state collapse reduces the prospect of democracy. Nepal’s is a case of systematic failure stemming from inequality, social exclusion, bureaucratic politics and ignorance. In fact, the pressure to democratise in 1990s has resulted in relative political party stability and the emergence of new political and social forces. But the failure to create a new reality has only increased inequality and created chaos. In Nepal’s context, neither the level of social trust nor the number of political parties is correlated with the level of democracy. Even if we consider Nepal a democracy in the aftermath of the royal autocracy, the overall response must come as a revolutionary change of the whole system, particularly by adopting political strategies to combat exclusion, racism, oppression and achieve recognition and legitimacy for the establishment of a free and democratic state. That requires an egalitarian society and large-scale public trust for democracy, political institutions, and system of governance.

Nepal’s is a clear example of what Princeton Professor Kohli describes as ‘two-track’ democracy, involving ‘realistic utopia’ in which common people are needed only at election time. Then they are expected to let the elite run the pro-business show, whether through autocratic or democratic means. Conflict lies at the heart of politics. It might be described in multiple ways like “privatisation of politics” and “new aristocracy” and its magnitude gauzed through the institutional dimensions of democracy, viz representation, participation, deliberation and inclusion. While many casual factors have to be taken into account to determine whether a state is sufficiently democratic, the prospects of democracy are enhanced when opposition demands are amenable to negotiated resolutions, even in “weak” or “failed states”.All post-autocracy regimes focus on developing necessary conditions for successful transition to democracy, but the mainstream politics will still be subject to contestations. Almost all the ruling elites, the principal agents of democratisation, have become inherently non-democratic of late. The end of the Cold War heralded a tectonic shift in international politics and exposed the societies to the challenges arising from cultural diversity and pluralism. Nepal was no exception, with its state apparatus marked with authoritarian centralisation. When the fact that the stability of political system depends on whether or not the elites follow democratic norms is realised, the current deficit of political pluralism will stand exposed. In fact, all efforts to conceptualise democracy should explicitly acknowledge the multidimensional nature of the concept of democracy.

The sustainability of democracy depends on popular sovereignty, economic growth, social inclusion, freedom of expression and freedom from all forms of economic exploitation. When a country passes a threshold marked by deeper problems of citizens’ participation, economic growth, democratic values and education; connivance among political circles, mafia-like economic structures; and lacks serious commitment to address them, we reach a dead-end. Nepal has time and again suffered at the hands of the political leaders who develop vested interests. For example, PM Koirala presents himself as a political moderate, but he has an immoderate mindset, with all its ambiguities and contradictions.There seems to be an unceasing quest for a political system that would bring about stability and peace, yet, according to Immanuel Kant, a republican order is the first condition for peace. Indeed, in a democracy, all social groups should have access to policymaking with the elites actively sharing power. The rise of communist forces – especially those who want Lenin and Mao’s ideology to be elevated to the status of state religion — unwittingly provide a basis for right-wing extremism or ‘crypto-fascist’ tendencies. Democracy entails representation of diverse interests. At present, populist leaders are posing as its major threats.

Source: The Himalayan Times, June 20, 2007

'Hindu Al Qaeda training suicide bombers in Nepal'

A band of former soldiers, ex-police personnel and victims of Maoist guerrillas have united in Nepal to form a Hindu army with suicide bombers to fight Islamic and Christian zealots as well as communists.Called the Nepal Defence Army, the group is headed by a former policeman who says he joined the Communist Party of Nepal-Unified Marxist Leninist as a schoolboy but has now begun waging war on his former comrades.The ex-cop, who today calls himself 'Parivartan' (change), claims his band has nearly 1,200 trained soldiers who possess arms and have the expertise to manufacture explosives.Earlier this year, the Nepal Defence Army made its debut with a couple of blasts, including at the well-guarded office of the Maoists in Kathmandu.

On Wednesday, a Nepali tabloid carried an extensive interview with the shadowy leader, saying he had walked into the tabloid's city office to talk about his organisation.'Nepal Defence Army has been founded to fight for Hinduism,' Parivartan told Nepali weekly Ghanata R. Bichar. 'Hindus worldwide support us, including the families of top Maoist leaders. Our soldiers are being trained across the border in India and we get the ingredients for manufacturing explosives from India.'However, the new revolutionary said his group had no links with King Gyanendra.'We are not funded by the palace,' he said. 'If the palace had tried to promote Hinduism and Nepal as a Hindu state, we wouldn't have to wage our war. We don't dabble in politics. Our sole aim is to form a Hindu state.'

Parivartan told the weekly that his party didn't want bloodshed. 'The bombs we threw at the Maoist office were intended as a warning and not to kill,' he said. 'I stopped plans to assassinate Maoist chief Prachanda and Maoist minister Dev Gurung.'But if the warning is not taken seriously, the eight-party ruling alliance can suffer serious losses.'The shadowy leader held Maoists as their main enemy.'During their 10-year war, the Maoists destroyed and desecrated temples and attacked priests,' he said. 'But they never destroyed any church or mosque.'However, he added that Maoists' families still remained devout Hindus.'During the civil war, Prachanda's mother would wake up early in the morning and offer water to the sun god to pray for her son's safety,' he said. 'It shows they are Hindus and would support Hinduism.'Parivartan ended with a dire warning.'The Maoists had also begun in a small way,' he said. 'We learnt how to make bombs from Prachanda's teachings. 'Now, like the Al Qaeda, we are training suicide squads.'We have trained five suicide bombers who can go anywhere, including Singh Durbar (the heart of administration in Nepal, where the prime minister's office, key ministries and parliament are located.)'

Source: Malaysia Sun, June 20, 2007

Something still rotten

Corruption, nepotism and impunity threaten the peace process

IN SEPTEMBER last year a warrant was issued for the arrest of Sitaram Prasain, who was accused of stealing $4.3m from his own bank. This plunged the partly state-owned outfit, set up to lend to small businesses, into insolvency. Yet somehow the police could not find him. He seemed invisible, even when many of the country's top politicians attended his son's lavish wedding. For many Nepalis, this was all too typical of a system where the rich and privileged are above the law.

When the Young Communist League, a squad of thugs run by Nepal's Maoists, kidnapped Mr Prasain this month and paraded him in front of the press before handing him to the police, there was an almighty row. Girija Koirala, the irate prime minister, called them the “Young Criminal League”. The Maoist leader, known as Prachanda, retorted that it was Mr Koirala who consorted with criminals. Ashish Thapa, of Transparency International, an anti-corruption watchdog, points out that Mr Prasain had given generously to various political parties.

The Maoists, whose ten-year insurgency ended in a messy truce last year, are now partners in an interim government, while the chaotic country pursues a permanent peace. Yet the Prasain affair suggests that peace needs at least some integrity in public life. Aside from short-lived, politically motivated episodes, no one can recall anybody important in Nepal ever being punished for anything.
The Supreme Court itself is bound up in the culture of impunity. Earlier this year an unsuccessful litigant released recordings of his efforts to win a property dispute through bribery. No action has been taken. Yet the judiciary has a vital role in the peace process, both in hearing important constitutional cases and in a planned “truth and reconciliation” process over the many human-rights abuses committed by both sides to the conflict.

The Maoists, while posing as the party of justice, also look shady. There are many reports of their involvement in illegal logging. (A Maoist, as it happens, holds the cabinet portfolio covering forestry, traditionally seen as a lucrative sinecure.) And there has never been a proper accounting for millions of dollars in finance-ministry cheques payable to Krishna Mahara, a Maoist leader. The money was intended to pay for disarming and demobilising the Maoists' fighters. Transparency's Mr Thapa thinks the Maoists in fact have more ways—legal and otherwise—to raise revenue than any other party, and have amassed large sums of money.
The police, too, have a big role to play in establishing law and order before and during elections due this autumn. Yet listening to a group of mid-ranking officers discussing their hopes for juicy job postings does not inspire confidence. The luckiest among them might end up with a casino on their beat, with attendant opportunities for kickbacks. Since Mr Koirala, from the Congress Party, became prime minister last year many officers with Congress links have been promoted.
“It goes to the feudal character of our society,” says Devendra Panday, a former finance minister who is now a campaigner for peace and democracy. “In the patron-client system there is no incentive to clamp down on corruption.” Nepotism and party bias in appointments undermine institutions. “The country is full of incompetent people as well as corrupt ones.”

Cynicism about the way things work is all-pervasive—and extends to foreign aid. International donors are big providers of good jobs for the local elite. Many able young people in Kathmandu, who lack the connections, have concluded that only the upper classes need apply. In the unhappy villages, where most people live and development is yet to come, peasants are quick to assume, rightly or wrongly, that money intended for them has been stolen higher up the system. Others contend that it is simply wasted by people too rich to understand their problems. Such resentments fuelled the Maoists' “people's war”. Yet the system that breeds them shows no sign of changing.

Source: The Economist, June 14, 2007