End Impunity, Ensure Justice
Yuba Nath Lamsal
THE issue of human rights has been at the centre stage of political, social and developmental debate both at home and abroad. The fundamental duty of a democratic government is to ensure public good. The public good and people's welfare can only be ensured when civil, political, cultural and developmental rights are well protected and guaranteed.
Concept
It's been 58 years since the United Nations General Assembly adopted the Universal Declaration of Human Rights. In the beginning, the concept of human rights was dubbed as western constructs that emphasized more on civil and political rights grossly ignoring the economic and social needs of the vast majority of the people living in the Third World countries. When the UN Declaration of Human Rights was tabled in the General Assembly for adoption, 48 countries supported the move establishing that civil and political rights and individual liberty are the inherent human rights that every human being is entitled to enjoy. But some countries belonging to erstwhile Soviet bloc including the Soviet Union itself, Poland, Czechoslovakia, Yugoslavia, South Africa, Saudi Arabia opposed the Declaration. Their reason of dissent was that the concept of human rights was capitalist propaganda. According to them, the basic rights of the people like right to life, right to food, right to education and right to housing and the likes should be accorded more priority than the civil and political rights.
The human rights are closely linked with democratic system of governance. People's rights can be protected and respected only in a democratic political set up. The authoritarian regimes and rulers are always against the rights of the people and summarily suppress fundamental rights of the people. The fundamental basis for human rights is the democratic polity. But it is not always certain that democratic system alone can fully guarantee the human rights of the people. The nature and behaviour of the political parties and leaders are responsible for the state of human rights in any country. There are instances that even democratically elected leaders have finally turned into notorious dictators and people have had to fight decisively for their rights. Thus, the democratic system accompanied by constitutional guarantee of human rights, democratic culture of the leaders and constant vigil of the people are always needed for unrestricted freedom and guarantee of human rights.
Nepal remained under authoritarian regimes of different types for a long time. Before it emerged as a nation state, it came under the Rana family oligarchy, which lasted for over a century until the popular movement overthrew it and established multi-party democracy in 1951. Although the concept of human rights had not yet figured in the political spectrum, the democratic set up did create liberal atmosphere and basic civil and political rights of the people. However, it lived short as late king Mahendra dismantled the democratic system of government and put the popularly elected Prime Minister behind bars. King Mahendra and his son Birendra ruled with iron fist for over 30 years in the name of Panchayat regime which continued until 1990. The human rights were severely suppressed. The right to peaceful assembly, form political parties and groups, carry out political activities and freedom of expression were totally banned. In terms of human rights and political freedom, this period was a dark phase of Nepalese history.
Until then, the concept of human rights had emerged as a strong political and social agenda in the world. Some western government tied their aid policy with the status of human rights and democracy. In fact, the demand and struggle for democracy and human rights virtually swept the world in late 80s and early 90s. Many countries in the world adopted democratic polity in which human rights are part and parcel. Nepal was one of these countries that joined the global club of democratic nations. The period between 1990 and 2003 was better in term of human rights. The Constitution that was promulgated after the success of the people's movement in 1990 guaranteed people's fundamental rights. During this period, Nepal ratified several United Nations and other international instruments on human rights and expressed public commitment in the international forums for the protection of human rights. In line with its international commitment and under pressure from human rights activists and civil society, the government of Nepal did take several initiatives to create state mechanism for the safeguard of human rights. The creation of National Human Rights Commission (NHRC) was such an initiative taken by the government in human rights sector, which can be taken as a positive step. Although the NHRC was, in principle, an independent body, it could not act independently. While appointing the members of the National Human Rights Commission, affiliation with particular political parties was taken as a basis rather than competence, independence and integrity of the individuals. Parties in government appointed their party cadres, which tarnished the image of the commission.
Despite some flaws, the human rights situation was definitely better during a decade of democratic era in Nepal at least on theoretical ground. There were weaknesses and lapses in practice while fully guaranteeing the universal concepts of human rights.
This situation lived very short as King Gyanendra, all of a sudden, dismantled the democratic system and imposed his authoritarian regime. After the King's coup, people's rights were severely curtailed. Press freedom and other rights were denied. When people rose against the king's authoritarian regime, it used force to suppress the people's uprising. Twenty-one people were killed in a firing by security personnel during the pro-democracy movement. Over four thousands political activists, human rights defenders, civil society members and journalists were arrested for their activism for democracy and human rights. Some of them were tortured and charged with treason. The press came under direct attack from the royal agents. Some media houses were raided and their equipment seized. . Extrajudicial killings, illegal detentions, and disappearances were regular phenomenon during the hey-days of the king's absolute rule. At the same time the Maoists, who were waging an armed insurgency, were also responsible for human rights abuses. The Maoists, in the name of people's war, kidnapped, killed and forced the political opponents from their villages. These acts were clearly against the spirit of universal human rights. The recruitment of children in the armed group and use of child soldiers were other serious crimes against humanity.
Commitment
Now the situation has markedly improved after the success of the April movement. Since the government has expressed its commitment to protect human rights of the people, it now needs to take strict action against those who were responsible for human rights violation in the past and suppression of the people's movement. Human rights defenders and civil society members have been demanding end to impunity to perpetrators of human rights violations. The Rayamajhi Commission report has pinpointed some of the human rights violators, who need to be punished to provide justice to the victims.
URL: http://www.gorkhapatra.org.np/content.php?nid=12003
THE issue of human rights has been at the centre stage of political, social and developmental debate both at home and abroad. The fundamental duty of a democratic government is to ensure public good. The public good and people's welfare can only be ensured when civil, political, cultural and developmental rights are well protected and guaranteed.
Concept
It's been 58 years since the United Nations General Assembly adopted the Universal Declaration of Human Rights. In the beginning, the concept of human rights was dubbed as western constructs that emphasized more on civil and political rights grossly ignoring the economic and social needs of the vast majority of the people living in the Third World countries. When the UN Declaration of Human Rights was tabled in the General Assembly for adoption, 48 countries supported the move establishing that civil and political rights and individual liberty are the inherent human rights that every human being is entitled to enjoy. But some countries belonging to erstwhile Soviet bloc including the Soviet Union itself, Poland, Czechoslovakia, Yugoslavia, South Africa, Saudi Arabia opposed the Declaration. Their reason of dissent was that the concept of human rights was capitalist propaganda. According to them, the basic rights of the people like right to life, right to food, right to education and right to housing and the likes should be accorded more priority than the civil and political rights.
The human rights are closely linked with democratic system of governance. People's rights can be protected and respected only in a democratic political set up. The authoritarian regimes and rulers are always against the rights of the people and summarily suppress fundamental rights of the people. The fundamental basis for human rights is the democratic polity. But it is not always certain that democratic system alone can fully guarantee the human rights of the people. The nature and behaviour of the political parties and leaders are responsible for the state of human rights in any country. There are instances that even democratically elected leaders have finally turned into notorious dictators and people have had to fight decisively for their rights. Thus, the democratic system accompanied by constitutional guarantee of human rights, democratic culture of the leaders and constant vigil of the people are always needed for unrestricted freedom and guarantee of human rights.
Nepal remained under authoritarian regimes of different types for a long time. Before it emerged as a nation state, it came under the Rana family oligarchy, which lasted for over a century until the popular movement overthrew it and established multi-party democracy in 1951. Although the concept of human rights had not yet figured in the political spectrum, the democratic set up did create liberal atmosphere and basic civil and political rights of the people. However, it lived short as late king Mahendra dismantled the democratic system of government and put the popularly elected Prime Minister behind bars. King Mahendra and his son Birendra ruled with iron fist for over 30 years in the name of Panchayat regime which continued until 1990. The human rights were severely suppressed. The right to peaceful assembly, form political parties and groups, carry out political activities and freedom of expression were totally banned. In terms of human rights and political freedom, this period was a dark phase of Nepalese history.
Until then, the concept of human rights had emerged as a strong political and social agenda in the world. Some western government tied their aid policy with the status of human rights and democracy. In fact, the demand and struggle for democracy and human rights virtually swept the world in late 80s and early 90s. Many countries in the world adopted democratic polity in which human rights are part and parcel. Nepal was one of these countries that joined the global club of democratic nations. The period between 1990 and 2003 was better in term of human rights. The Constitution that was promulgated after the success of the people's movement in 1990 guaranteed people's fundamental rights. During this period, Nepal ratified several United Nations and other international instruments on human rights and expressed public commitment in the international forums for the protection of human rights. In line with its international commitment and under pressure from human rights activists and civil society, the government of Nepal did take several initiatives to create state mechanism for the safeguard of human rights. The creation of National Human Rights Commission (NHRC) was such an initiative taken by the government in human rights sector, which can be taken as a positive step. Although the NHRC was, in principle, an independent body, it could not act independently. While appointing the members of the National Human Rights Commission, affiliation with particular political parties was taken as a basis rather than competence, independence and integrity of the individuals. Parties in government appointed their party cadres, which tarnished the image of the commission.
Despite some flaws, the human rights situation was definitely better during a decade of democratic era in Nepal at least on theoretical ground. There were weaknesses and lapses in practice while fully guaranteeing the universal concepts of human rights.
This situation lived very short as King Gyanendra, all of a sudden, dismantled the democratic system and imposed his authoritarian regime. After the King's coup, people's rights were severely curtailed. Press freedom and other rights were denied. When people rose against the king's authoritarian regime, it used force to suppress the people's uprising. Twenty-one people were killed in a firing by security personnel during the pro-democracy movement. Over four thousands political activists, human rights defenders, civil society members and journalists were arrested for their activism for democracy and human rights. Some of them were tortured and charged with treason. The press came under direct attack from the royal agents. Some media houses were raided and their equipment seized. . Extrajudicial killings, illegal detentions, and disappearances were regular phenomenon during the hey-days of the king's absolute rule. At the same time the Maoists, who were waging an armed insurgency, were also responsible for human rights abuses. The Maoists, in the name of people's war, kidnapped, killed and forced the political opponents from their villages. These acts were clearly against the spirit of universal human rights. The recruitment of children in the armed group and use of child soldiers were other serious crimes against humanity.
Commitment
Now the situation has markedly improved after the success of the April movement. Since the government has expressed its commitment to protect human rights of the people, it now needs to take strict action against those who were responsible for human rights violation in the past and suppression of the people's movement. Human rights defenders and civil society members have been demanding end to impunity to perpetrators of human rights violations. The Rayamajhi Commission report has pinpointed some of the human rights violators, who need to be punished to provide justice to the victims.
URL: http://www.gorkhapatra.org.np/content.php?nid=12003
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