Human Rights in Nepal

(Courtesy: Roop Joshi)

December 10, Human Rights Day, is celebrated annually across the world to honor the UN General Assembly’s adoption and proclamation of the Universal Declaration of Human Rights (UDHR) on 10 December 1948. Human Rights Day 2007 marks the start of a year-long commemoration of the 60th anniversary of UDHR. The theme for 2008, Dignity and Justice for all of us, reinforces the commitment of UDHR to universal dignity and justice. UDHR, for the very first time in the history of mankind, codified a common standard of human rights for all peoples and all nations – a true milestone in the progress of civilization.

Unfortunately, the term “human rights” has been bandied about by all and sundry so much that it has begun to lose its meaning. A concept meant to safeguard the dignity and worth of every individual has been used haphazardly by politicians and pressure groups. Even the industrialized countries use it regularly to pick on the developing world. It is worthwhile here to recall the words of Louise Arbour, UN High Commissioner for Human Rights, on the occasion of Human Rights Day in 2006:

“Today, poverty prevails as the gravest human rights challenge in the world. Combating poverty, deprivation and exclusion is not a matter of charity, and it does not depend on how rich a country is.By tackling poverty as a matter of human rights obligation, the world will have a better chance of abolishing this scourge in our lifetime...poverty eradication is an achievable goal.”

These are not empty words of a UN bureaucrat. They embody the essence of the most pressing human rights need of today. Indeed, fighting poverty is NOT charity. At the social and humanitarian level, it is helping the disadvantaged. At the economic level, it is the most prudent action to preserve and expand wealth. At the political level, if we keep on amassing wealth ignoring the poverty surrounding us, we should not be surprised when the ‘have-nots’ rebel against the ‘haves’.

A recent survey cited Nepal, along with China, as having the widest gap between the rich and the poor in Asia. China’s galloping economic growth accounts for this; Nepal has no such excuse. For at least the last three years, poverty alleviation and development in general has taken an unfortunate back seat to politics in Nepal. Moreover, even excluding the issue of poverty, our brand of politics has paid scant attention to human rights. It is remarkable to note that the National Human Rights Commission has received no less than 186 complaints of human rights violations since the signing of the Comprehensive Peace Accord. Gaur, Kapilvastu, Birendra Sah are only some of the examples that make headlines; day in day out, the human rights of the ordinary Nepali is abused and there is nowhere to turn to for justice.

Let us examine the relevant articles among the 30 Articles of UDHR as they apply to so-called “New Nepal”. We are supposed to be entitled to our rights without distinction of political opinion (Article 2). Yet we are castigated for any opinion divergent to that held by the Seven Party oligarchy. We are supposed to have the right to life, liberty and security (emphasis added) (Article 3). Security is one commodity that none of us, except those with unauthorized weapons, have. We are all to be equal before the law (Article 7). What law, I ask! The police have been cowered by lack of support and direction from the Home Ministry. The Army is locked away in their barracks. So that leaves the streets to gangs of unruly mobs. We are entitled to a fair and public hearing by an independent and impartial tribunal against any criminal charges (Article 10). Yet so many turn to non-governmental “tribunals” having lost all faith in the government judiciary system. We are to be safe from arbitrary interference in our privacy, family and home (Article 12). Tell that to the criminals and politically motivated mobs that attack private homes. We are to be safe from being deprived of our property arbitrarily (Article 17). The numerous persons displaced during the past 10 years who are yet to return to their homes bear testimony to failure on this count. We should be able to express our opinions freely (Article 19). Yet any opinion which deviates from the oligarchic government’s is politically denigrated as regressive, anti-democratic and worse. Finally, we are to be safe from being compelled to belong to any association (Article 20). Perhaps the folks deserting the cantonments have heard of this one.

UDHR remains, in Nepal like in many other countries, an archaic peace of writing concocted by diplomats at UN Headquarters while sipping cocktails and shedding crocodile tears for the woes of the world. But that is not the way it has to be, certainly not the way it should be. It is unfashionable these days to harp on the right of every individual to basic dignity. You take away a person’s dignity, and you take away that person’s humanity. The very first article of UDHR states “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” At the risk of sounding overly idealistic and even quixotic, when it is currently fashionable to be cynical while pretending to be pragmatic, this humble piece is an appeal. An appeal to reason, to compassion – before it is too late for all of us. Martin Luther King once said “Injustice anywhere is injustice everywhere.” So let us consider seriously the Human Rights theme for this coming year and breathe life into the words through action.

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