Showing posts with label Discrimination. Show all posts
Showing posts with label Discrimination. Show all posts

Wednesday, April 27, 2011

REVIEW | Inconvenient truths (In a nutshell, only the Dixit company knows Nepal like no one else does...my a**)




KUL CHANDRA GAUTAM



Peace Politics in Nepal: An Opinion from Within by Kanak Mani Dixit|Himal Books|300 pages|Rs 480
In his new book Peace Politics in Nepal, Kanak Mani Dixit captures much of what his earlier Nepali book, Dekheko Muluk, contains, but adds some new chapters and updates developments of the past year for the benefit of English speaking readers, particularly for our friends from the international community who take much interest in Nepal.
Dixit is not a diplomat. His language is blunt and straight-forward. He dares, and even relishes, to speak truth to power and
populism. For some of us--scholars, intellectuals and diplomats included--who are trained to be politically correct, sit on the fence and play it safe, his new book, Peace Politics of Nepal, makes uncomfortable reading. This book may as well have been titled Inconvenient Truths of Current Nepali Politics.
Dixit is often portrayed as a part of the Kathmandu elite, an upper-class, upper-caste Bahun, strongly anti-Maoist, perhaps a little right-wing and a status quoist. What you see often depends on where you stand. That caricature of Dixit may be accurate if you see Nepal in simple, black and white terms: as being sharply divided between feudal, conservative, counter-revolutionary stooges of imperialist, capitalist, foreign-agents dominated by the upper-class Bahun-Chhetris who purposely and deliberately dominate, oppress and conspire to perpetuate a deeply unjust, unfair, discriminatory and oppressive system against the poor, the marginalised, the deprived and you feel that you can only change it through revolutionary violence and radical restructuring of the state.
A logical corollary therefore would be, as King Mahendra said in justifying the Panchayat regime, that Western-style liberal democracy is unsuitable to solve Nepal's problems. Dixit, however, argues that it was precisely the open society, political freedoms, respect for pluralism of views that multi-party democracy of the 1990s allowed and encouraged that enabled us to bring to prominence the issues of the deeply entrenched disparities and discrimination, inequalities and injustices. It even allowed the freedom for a radical Maoist movement to rise in Nepal, at a time when Communism was collapsing all over the world. Democracy takes time to evolve and correct its own shortcomings. Dixit argues that the infant and imperfect democracy of the 1990s was not given enough time.

The populist thesis in vogue in Nepal right now, and one that seems to be subscribed even by some diplomats and donors of Western democracies, is that the 1990s Nepal experience in democracy was an utter failure. Dixit asks us to look at some of the successes of the 1990s before the Maoist insurgency derailed them.
Knowing Dixit has a reputation for being a little partisan, I read the manuscript carefully to detect how his partisanship manifests itself. And yes, I can confirm to you that indeed Dixit is very partisan. He is unapologetic and biased in favour of non-violence, liberal democracy and pluralism, which many of us would not find as big sins. He has a gripe against many members of the international community who do not have a deep enough understanding of Nepal's complex history and subscribe too easily to the populist characterisation of Nepal as so deeply divided by entrenched caste, class and ethnic divisions that to solve such problems, Nepalis should be prepared to accept, at least temporarily, some radical, less than fully non-violent and undemocratic solutions which they would not accept in their own countries.
He sees diplomats, donors and consultants of many Western countries, even some UN officials as having a rather romantic view of the Maoist agenda for social change. He faults the analysis contained in reports of organisations like the International Crisis Group (ICG) as showing a subtle bias that castigates the NC and UML as status quoist, and the Maoists as the true agents of progressive change.
I must say, when I was myself at the UN, I used to rely heavily on reports of ICG, the Carter Center and the UN to better understand what was happening in Nepal. These are all institutions that I respect deeply. On the whole, I continue to find their analysis solid and serious. So let me suggest this â€" for those who rely heavily on their reports, it would be beneficial to have Peace Politics of Nepal handy to consult as a counter-check and to provide some context. Every chapter of this book is interesting and insightful, and easy to read. I recommend that you read it with an open mind.
I want to say a few words on three chapters: one that made me really sad, one that I found very courageous and revealing, and one on which no matter where we stand on the ideological spectrum, we would all agree if we think of ourselves as just human beings with human empathy.
The chapter that made me really sad was the one dealing with the UN Mission to Nepal (UNMIN), which Dixit rather unkindly titles "Uncivil Mission". As someone with a long association with the UN, my natural instinct was to disagree with Dixit's harsh judgment of UNMIN. But, it must be said, UNMIN was not as conducive to pressuring the Maoists to give up violence and intimidation, to convince the other parties that it could be counted on to firmly stand on the side of democracy, and that its reporting would provide the most objective basis for the Secretary-General and Security Council to understand Nepal.
Kanak makes some sweeping remarks about UNMIN's bias, but does not quite document it. I would commend to you a Note Verbale that the Permanent Representative of Nepal circulated to members of the Security Council last year documenting point by point how the report of the SG and the statement introducing it by the SRSG was biased and inaccurate. Coming from a very seasoned professional diplomat, it was an unusually blunt and bad indictment of the SRSG's analysis. Dixit also alleges that the UN's Department of Political Affairs was very dismissive of all views that were critical of it and of UNMIN. I saw this in a very curt letter that was written on behalf of the Secretary-General in response to a joint letter by four former Ministers of Foreign Affairs of Nepal. Knowing the Secretary-General personally, as I do, I can tell you the S-G would have shown greater respect for those Foreign Ministers if he were asked to personally clear such a letter on his behalf. So sadly, even if I like to disagree with Dixit, and I do so in some of the choice of his words, I do agree with the substance of his critique of UNMIN.
In the chapter on federalism Dixit dares to address an issue which most sophisticated Bahun-Chhetri intellectuals consider taboo for fear that it will draw the wrath of the advocates of ethnicity-based federalism. As we know, of all the subjects on the drafting of the new Constitution, none is more emotionally charged than the issue of federalism. While fully supportive of economically viable federal structure that ensures greater inclusiveness and better representation of marginalised groups, Dixit questions the rationale for ethnic Bantustans.
There is a lot of hypocrisy on the discourse on federalism in Nepal. Many leaders â€" including some Maoists, and not just Bahun-Chhetris but many thoughtful Madheshis and Janajatis, privately tell you that they do not consider ethnic federations or Ek-Madhesh-Ek Pradesh as a sensible idea, but they keep mum in public. Dixit is to be thanked for opening up this subject for a thoughtful, dispassionate debate which is what we need, on all subjects, in drafting a national constitution.
The book argues that Nepal's peace process cannot be considered complete so long as the thousands of victims of conflict do not get justice. There is a real fear, Dixit argues, that both the Maoists and the Nepal Army would rather that we "forgive and forget" the terrible atrocities committed during the conflict.
This is an issue we must look at from the victims' perspective, not that of their victimisers who will find many reasons to justify their actions. Instead of "forgive and forget", Dixit argues, "forgive perhaps, but investigate, prosecute, and never forget" should be our message to both Maoists and our national security services. Beyond "Truth and Reconciliation" , we must go on to genuine help for the rehabilitation of the victims of violence, and a massive post-conflict reconstruction and development that will help Nepal recover from 15 years of economic stagnation. That has been the real curse of the "People's War" and response to it, of which all of us Nepalis have been victims.
In the last chapters of the book Dixit concludes on an optimistic note that in the end the Nepalese genius for finding sensible solutions will prevail, and we will have a progressive, democratic constitution. But he worries about some continuing, undemocratic revolutionary romanticism. And he insists that the new constitution must be an advance from the 1990 constitution, and not a further regression. He worries about some continuing, undemocratic revolutionary romanticism. He insists that the new constitution must be an advance from the 1990 Constitution, and not a further regression.
When reading that, I said, "Come on, Kanak, is there a real fear that we could have a less democratic Constitution than that of 1990, after the great people's movement and revolution we have gone through? You must be kidding!" Then I re-read the 1990 Constitution, juxtaposing it with this draft "Constitution of Peoples Federal Republic of Nepal â€" 2067" that was presented by the UCPN (Maoist) as containing the most progressive ideas for a 21st century "Peoples" constitution. And yes, I can see that, God forbid, it is possible for us to go backwards even as we recite progressive slogans.
Then, just for comparisons sake, I went on the internet and read the 1998 Constitution of the Democratic People's Republic of Korea which I found very revealing. Let me quote a couple of articles from that Constitution:
- Article 66 says: "All citizens who have reached the age of 17 have the right to elect and to be elected irrespective of sex, race, occupation, length of residence, property status, party affiliation, political views or religion".
Wow, although I have been to North Korea many times, somehow I had missed that it allowed different party affiliations and political views ….
- And I quote article 67 that says, "Citizens are guaranteed freedom of speech, of the press, of assembly, demonstration and association. The State shall guarantee conditions for the free activity of democratic political parties and social organizations".
Please note, North Korea too apparently allows multi-party system, provided they are "democratic", as determined by the ruling vanguard Party, of course. This is the danger I see in a multi-party system suggested in the UCPN(M) draft, without the acceptance of pluralism. We cannot really address issues of social justice, equity, inclusion and all the other advances we seek in our new Constitution, in a sustainable manner, if we do not accept pluralism.
I hope this book will inspire us to strive for and insist on, a model of New Nepal that seeks both socio-economic justice and political freedoms, in a non-North Korean style and substance.

Kul Chandra Gautam is a former Assistant Secretary General of the United Nations and this review is adapted from his presentation at the launch of the book, Peace Politics in Nepal, on 19 April.

http://nepalitimes.com/issue/2011/04/26/Review/18125

Saturday, February 5, 2011

Nepal NGO Coalition Urges the Government to Take Proactive Leadership in Fulfilling Its Human Rights



PDFPrintE-mail
Wednesday, 26 January 2011
(25 January 2011, Geneva/Kathmandu) Today Nepal underwent its first Universal Periodic Review (UPR), a process which involves a review of the human rights records of all 192 UN member States once every four years under the auspices of the UN Human Rights Council. During the three-hour session, the Deputy Prime Minister and Minister for Foreign Affairs, Sujata Koirala, took the lead in presenting the national report and responding to the questions and concerns raised by other States. The Nepal NGO Coalition for the UPR (NNC-UPR), a coalition representing 235 human rights and civil society organisations in Nepal, notes with appreciation that the government of Nepal at least acknowledged existing and ongoing human rights challenges in the country. However, the NNC-UPR expresses its disappointment at the rhetorical statement by the government delegation and their failure to provide any concrete commitments and timelines for the implementation of Nepal’s human rights obligations. Particularly, the NNC-UPR is troubled by the response of the government delegation who claimed today that “there is no systematic torture in Nepal”, in spite of well documented and credible reports of systematic practices of torture at the hands of State security forces.

The NNC-UPR is encouraged by the fact that its issues and concerns were adequately reflected in the interventions of various UN member States, particularly with regards to Nepal’s failure to address the culture of impunity including the investigations into the past and ongoing human rights violations committed by both State security forces and non-State actors. During today’s Review, a number of States made urgent calls to establish transitional justice mechanisms as stipulated in the Comprehensive Peace Accord (CPA), such as the Truth and Reconciliation Commission and the Commission of Inquiry on Disappearances, in accordance with international standards.

The wide range of discriminatory policies and practices, specifically discrimination against women, children, Dalits, indigenous peoples, persons with disabilities, refugees as well as religious, sexual and ethnic minorities were often raised as areas of serious concern. Attention was concentrated to situations of the rights to food, health, housing and education faced by marginalized and vulnerable groups such as Dalits, Madhesis, indigenous peoples and persons with disabilities, especially the women and girls within these communities. Many States also shed light on the lack of appropriate action taken by the government of Nepal in responding to gender-based violence committed during and after the armed conflict.

Meanwhile, the NNC-UPR regrets that the government delegation avoided answering a number of key questions, particularly with regards to lack of implementation of decisions and recommendations by the courts and the national human rights institutions as well as regarding the steps to ratify the Optional Protocol to the Convention against Torture, the Convention on Enforced Disappearances, the Convention on the Status of Refugees, and the Rome Statue of the International Criminal Court.

The Nepal NGO Coalition on the UPR urges the government of Nepal to recognize that the UPR is not a one-time event. Recommendations put forward by today’s Review must be followed up through proactive leadership of the government in ensuring practical and time-bound action plans for actual implementation, upon the genuine consultations with all relevant stakeholders in the country. (ENDS)

http://www.forum-asia.org/index.php?option=com_content&task=view&id=2657&Itemid=42

Thursday, January 27, 2011

NEPAL: Nepal urged to accept and implement UPR recommendations and end impunity


On Tuesday, Nepal's human rights record was reviewed for the first time under the United Nations (UN) Human Rights Council’s Universal Periodic Review (UPR). The UPR process was established by the UN General Assembly on 15 March 2006 through resolution 60/251 to "review the fulfilment by each State of its human rights obligations and commitments." The procedure assessed Nepal's compliance with its international obligations to protect and promote human rights.

FOR IMMEDIATE RELEASE ALRC-STM-002-2011
January 27, 2011
A Statement by the Asian Legal Resource Centre
NEPAL: Nepal urged to accept and implement UPR recommendations and end impunity
(Hong Kong, January 27, 2011)

On Tuesday, Nepal's human rights record was reviewed for the first time under the United Nations (UN) Human Rights Council’s Universal Periodic Review (UPR). The UPR process was established by the UN General Assembly on 15 March 2006 through resolution 60/251 to "review the fulfilment by each State of its human rights obligations and commitments." The procedure assessed Nepal's compliance with its international obligations to protect and promote human rights.

The UPR review, which represents an important opportunity to scrutinize the challenges Nepal faces in upholding human rights and strengthening its rule of law framework, was conducted on the basis of three reports: a report by the government of Nepal; a report by the UN’s Office of the High Commissioner for Human Rights (OHCHR) comprising information and recommendations by United Nations mechanisms and experts; and a report compiled by the OHCHR summarising the input by other stakeholders, including civil society organisation and the National Human Rights Commission.

The ALRC welcomes the dialogue held, notably the many questions raised by States concerning key issues such as torture, forced disappearances, gender- and caste-based discrimination, human rights defenders, freedom of expression, weakness of national institutions and legislation, and the overarching problem of impunity. The Government of Nepal now has the primary responsibility to implement the recommendations made as part of the review. As part of the UPR process, the government will now decide which recommendations it accepts and those it only “notes.” The ALRC strongly urges the government to accept and implement the recommendations made concerning these key issues, if its approach to human rights is to have any credibility.

During the review, the government of Nepal declared its full commitment to "establishing constitutional supremacy, ensuring the rule of law, good governance and human rights and guaranteeing the fundamental rights enshrined in the constitution of Nepal.” It added that, “Addressing impunity entails two aspects: addressing the past and maintaining the rule of law at present. The government is fully committed to work on both fronts." The ALRC welcomes the government of Nepal's commitment to tackle impunity and expects that this commitment will be followed by concrete steps in line with the recommendations made during the course of the review and international human rights laws and standards. The ALRC cautions that similar commitments have been made in the past by the Government of Nepal, but have remained unfulfilled to date. It must be noted that the ALRC is seriously concerned by the Nepalese delegation’s apparent reluctance to acknowledge some human rights violations during the UPR review, as will be seen below.

The ALRC and Nepalese NGO Advocacy Forum submitted a joint report to the UPR on 5 July 2010, which can be found here, along with a background document found here. The report focused on the impunity which persists for conflict-related and ongoing abuses, which have not been effectively investigated or prosecuted, as well as on the failure of the institutions of the rule of law to protect Nepal’s citizens. The report recommended that addressing the problem of impunity should be the prime focus of the UPR and action by the government of Nepal. It pointed to the institutional weaknesses of the judicial system, the lack of criminalization of certain human rights abuses such as torture, enforced disappearances and caste-based discrimination, as well as the absence of the right to effective remedy, which, together, greatly hamper the realization of the fundamental rights enshrined in the 2007 Interim Constitution. The report urged the Working Group on the UPR to consider as a priority under the UPR, issues such as the breakdown of the rule of law and the increased insecurity in the Terai region, forced disappearances, endemic torture, extra-judicial killings by security forces, persisting caste-based discrimination, gender-based violence, the vulnerable situation of human rights defenders, and the inability of the State to respond to such abuses.

During the review, questions and recommendations raised by a number of governments during the three-hour long UPR session reflected many of these concerns. The ALRC welcomes this and urges the Government of Nepal to accept the urgent need for it to address these serious issues and take appropriate action as a result.

Concerns about persisting impunity for past and ongoing abuses was repeatedly raised by delegations, including those from Japan, Czech Republic, Sweden, South Korea, France, Germany, the United Kingdom, Norway, Hungary, the Netherlands, New Zealand, Denmark and Switzerland. In questions submitted in advance to the government of Nepal, France had, for instance, said that it was "deeply preoccupied by the persistence of impunity enjoyed by the alleged perpetrators of numerous grave human rights violations committed during and since the conflict," and recommended during the session that, "the decisions of the judiciary taken in this respect should be fully respected by all institutional actors especially the army and the police forces". Norway recalled that addressing impunity is fundamental to foster peace, democracy and stability. In questions in advance, the Czech Republic stated that "failure to act on human rights abuses undermines respect for the rule of law" and Canada underlined that "addressing abuses committed by all sides during the decade long conflict and post conflict period in Nepal is an important element of transitional justice".

Several States, such as France, Spain, the UK and the United States, inquired about progress in establishing the transitional justice mechanisms included in the Comprehensive Peace Accord, namely the Truth and Reconciliation Commission and the Commission on Inquiry into Disappearances, and called for the criminalization of enforced disappearances. Norway inquired about measures to protect the police and justice system from political interference and to ensure that suspects accused of serious human rights abuses during the conflict are handed over to the police for proper investigation.

The need to strengthen the National Human Rights Commission as an independent and autonomous human rights body and to implement its recommendations was noted by several delegations, including Canada, the United States, France, India and Norway.

Allegations of misconduct by law enforcement authorities, qualified as "disturbing" by Japan, have also been a serious concern. The issue of the systematic use of torture was raised and the government was asked by several countries about its intention to introduce legislation to criminalize torture in line with international standards. Several delegations called for the effective investigations into all allegations of torture. Furthermore, several States expressed their concerns about allegations of extrajudicial killings in the Tarai and asked what measures were being taken to investigate them and to implement the recommendations of the OHCHR to establish an external oversight mechanism to investigate allegations of human rights abuses by security forces. In questions submitted in advance, the Danish delegation underlined the fact that "credible investigation of alleged human rights violations of security forces is an important part of strengthening the rule of law". The Czech Republic also urged the authorities to "support and protect witnesses as well as victims and their family members" in the investigation of allegations of human rights violations.

The persistence of gender- and caste-based violence and discrimination at all levels of Nepali society were also raised several times and the government was requested to explain what actions it is taking to address these problems, including with regard to: the levels of implementation of the Caste-based Discrimination and Untouchability Crime Elimination and Punishment Act and the National Dalit Rights Commission Bill; the investigation of allegations of caste-based discrimination; and the strengthening of the National Women's Commission and National Dalit Commission.

Obstacles to the freedom to speech, the vulnerability of journalists to threats, attacks and harassment, as well as the precarious situation of human rights defenders, were also repeatedly raised during the review. The Czech Republic, the United Kingdom, Norway, France and the United States asked for improved protection of human rights defenders and journalists through the launching of proper and impartial investigations of all allegations of threats and harassment against them.

These issues have been at the centre of the concerns of the civil society in Nepal for a long time. They all deeply impact the democratisation and peace process in the country. Now that they have been raised in the international arena as part of the UPR, it is the Government of Nepal's responsibility toward its citizens and the international community to respond by properly addressing these issues.

Of grave concern has been the government of Nepal’s denial of the reality of human rights abuses during the review. For example, one of the government delegates asserted that there is no systematic torture in Nepal and that "there are sufficient constitutional and legal safeguards for the prevention of torture in Nepal.” Independent international and national experts and observers have documented that the opposite is true: torture is still used as a common tool by the police as part of interrogation procedures, while the lack of legislation enabling the criminal prosecution of alleged perpetrators of torture has engendered systemic impunity concerning this grave violation of rights. Similarly, the ALRC is seriously concerned by the government's reluctance to acknowledge the existence of human rights violations committed by the security agencies, including the Nepal Army, which it claimed during the review was a "source of Nepali democracy". The delegation to the UPR stated that that there was already a "zero tolerance" policy toward "isolated" human rights violations committed by the security agencies. This is a complete denial of the reality on the ground, where not a single perpetrator of serious human rights violations committed during and since the conflict has faced prosecution. The government delegation also kept silent over other crucial issues, such as the need to protect the work of human rights defenders and the freedom of expression of journalists.

The Asian Legal Resource Centre therefore urges the Government of Nepal to acknowledge the reality of these persistent abuses and recognize its responsibility in addressing them. The Government is urged to accept the recommendations made concerning the issues highlighted above and commit to take measures to implement them in good faith and in a prompt, transparent and verifiable way.
# # #

About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.

Sunday, December 12, 2010

Slack govt ‘dragging feet’ on treaty implementation


  • GRIM HUMAN RIGHTS SITUATION

KATHMANDU, DEC 12 -
Human Rights National Magna Meet, a three-day rights fiesta, concluded in the Capital on Saturday with a decision to pressure the government to implement all international treaties on human rights protection it has signed.
According to a declaration paper released on Saturday, Nepal has so far signed 28 international treaties, including six treaties of the United Nations (UN). Although Nepal has adopted the highest number of human rights treaties in South Asia, non-implementation of these instruments has promoted a culture of impunity. So, the declaration urges the government to enforce these treaties as soon as possible and adopt other international treaties related to enforced disappearances and caste-based discriminations, among others.
The paper also demands immediate adoption and implementation of International Criminal Court’s Rome Statute.
Speaking at a programme in the Capital on Saturday, women rights activist Ranju Thakur said the state of impunity has created an environment of fear among the people. “Despite much talk on human rights, cases of human rights violations have gone up. No effective step has been taken so far to protect human rights and end impunity.”
The declaration paper, submitted by the Magna Meet Coordinator Ganesh BK to Minister for Peace and Reconstruction Rakam Chemjong, also urges the political parties to be sincere towards peace process and institutionalise peace and human rights in the country. The paper demands drafting of the statute on time incorporating voices from all the marginalized sections.
Addressing the meet’s concluding ceremony, Chemjong admitted that rising cases of impunity have posed a threat to peace process.
“It’s true that lack of consensus among the parties has pushed the peace and constitution-drafting processes towards danger,” he said.
Rights activists from all 75 districts had participated in Saturday’s function. Demanding immediate implementation of over 380 recommendations made by National Human Rights Commission to the government, the Mechi-Mahakali (East-West) Human Rights Caravan arrived here on Friday. The caravan started on Thursday from Biratnagar in the East and Dhangadi in the West.
Posted on: 2010-12-12 08:59