Eradicate trafficking

The fact that traffickers continue to lure innocent girls to major Indian cities not only indicates that the government has taken no step to prevent this crime, it also gives rise to suspicion that these traffickers enjoy political protection. About five thousand girls, especially from rural areas, are trafficked to India every year. Had the government given serious thought to this problem and introduced economic measures to improve the condition of the rural poor, such crimes would be unheard of. Unfortunately, the government has neither done anything substantial to take action against these criminals nor has it monitored the open Nepal-India border effectively. If the government does not introduce any measure to prevent such criminal activities, the problem of girl-trafficking will go from bad to worse.

The report states that more than 125 innocent girls have been trafficked to major Indian cities from Kathmandu alone. There are thousands of Nepali-girls living a hellish life in various Indian brothels. Of them, 20 percent are minors, 40 percent are teenagers and the rest are in their early twenties. Unfortunately, criminals manage to lure them in the guise of marriage or providing employment. The arrest of seven traffickers by the police recently makes it clear that there are pimps operating in the capital. The disclosure of the three men’s identity by those who fell prey to them also indicates that traffickers lured with the help of local leaders. Apparently, the trafficked girls brought by Maiti Nepal (an NGO) back to Nepal from Pune, India, would not have easily become victims had there not been a nexus between political leaders and criminals.

It is sad but true that the illegal flesh-trade across the Nepal-India open border has never been an overriding concern for the government. The criminals involved in this trade frequently move across this open border. Neither has the Indian state-government helped to prevent such criminal activities nor has the Nepali government introduced measures to monitor such cross border activities. Hence, the flesh trade has flourished year by year. This apart, widespread poverty and lack of education are other factors that have led many families to fall prey to these criminals. If economic activities were introduced to uplift the poor, especially in rural areas, the rate of girl-trafficking would have definitely come down. Thus successive governments must be blamed for failure to improve the situation.

The government must recognize that girl-trafficking has become a major problem in the country. It has to introduce measures that improve economic activities of the rural poor. The open-border system has also done more harm to the country than good. The government must therefore monitor the border more effectively to prevent trafficking and other criminal activities.

Labour : Time for a new perspective

By Chiti Shrestha

Some 20 years ago, a person brought home a small boy for household services. Apart from washing dishes and helping in the kitchen for which he was brought, the boy showed interest in reading and writing. The person got him admitted in a day school. Now, 20 years since he came to Kathmandu, he is a qualified engineer earning more than what his one time master earns.

Child labour means someone somewhere is being abused mentally and physically, ruining the beauty of innocence. Someone somewhere is being taken care of, studying and making a livelihood and improving the future.

Child labour has been popping in and out of the media for a long time. But ask ourselves the question: do we really know what child labour issues mean? We might say yes or no. To make things easier , let’s try to clarify it.

"Child labour" can be defined by differentiating it from "Labour" and "Child work". ‘Labour’ is applicable in a capitalist or industrial set up where an employee (labour) sells his/her labour to an employer with certain work related conditionalities such as wages, amenities, bargaining power, rights and legal safeguards. ‘Child work’ is a potential learning experience or apprenticeship for the child and therefore is not harmful. But in the realm of ‘Child Labour’ there is no identity of workers who are exploited and deprived of their rights to survival development, protection and participation.

ILO, Article 18 of the ‘Proposed Conclusions with a view to a recommendation’ defines exploitation of child labour as:

Work and activities, which expose children to physical, emotional or sexual abuse.

Work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads.

Work under particularly difficult conditions such as for long hours, during the night or without the possibility of returning home each day

Anyone who advocates elimination of child labour may face the question of children who wish to work given proper working conditions. Not all work exploits child labour. Children should be allowed to work but in a protected environment and sheltered work. Child labour is something, which won’t disappear overnight. It has existed in Nepal since early times and is deep rooted in our history and economy. Only after democracy, it has come into attention. It will take years and years of proper stepwise planning and patience to eliminate it completely. Till then, it will still prevail. The claim here is that eliminating child labour without first providing alternative source of family income may plunge them into more poverty which is one of the main causes of child labour itself.

Poverty, illiteracy and ignorance, have been identified as the main culprits for the emergence of the child labour. Merely mentioning this won’t make it go away. Community education and awareness have led to exploration of new ways and means to collectively combat exploitation of children. However, mention of the new ways and means are missing. The common trend till now has been, to shout about the eradication of the problem. Why can’t we think about alternatives such as adapting child labour as per the needs of the country, lower community’s needs and mainly children’s needs. Has anyone analysed whether children have a say in this?

Some people say that child labour such as child prostitution and child labour in industry and business should be totally eliminated. Child prostitution surely has to be eliminated, it is a physical and mental abuse. But instead of eliminating child labour in industry and business, we can adapt it for training and rehabilitation for children who want to work. An unqualified ban of child labour can easily result in the eradication of the child itself. The family expenditure on a child more or less matches what the child earns at work. Thus, without work the child cannot survive. Whatever the child earns isn’t enough for a single meal, and their parents’ earnings aren’t enough to support the family, the additional income surely does help their living. Some children prefer to work, depending upon their interest and obligations. CWIN sends children to SOS but they still run back to the street or their earlier jobs.

We came across some children in Durbar High School who were working in households and wanted to be engineers and doctors. We have come across children (in Microbuses and garages), who would prefer to be a mechanic rather than study and be a doctor. Not all hired labour is necessarily bad. The child may be working under a caring and honest entrepreneur or master who does not intend to exploit . When we eliminate all forms of child labour, aren’t we crushing their chance at life, which we set out to preserve or are we saving them? It’s a fifty-fifty chance.

Firstly, we should be well aware about the worst forms of child labour, rather than eliminate all forms of child labour. Rather than acknowledge that we need a solution, we should acknowledge what the solutions are. All efforts and plans to eliminate child labour problems are still in implementing phases.

The irony of the mushrooming NGOs is that only few are effectively operating to resolve child labour problems. Hats off, to the INGOs and NGOs such are UNICEF, RUGMARK, ILO, CWIN, NESPEC etc, and our government, who are effectively taking the initiative to eliminate the problems existing in child labour.

The government has passed policies and rules regarding the age and working condition of child labour, only children above 16 are allowed to work and the working condition should be accident free and non exploitative in terms of physical and mental well-being. They are taking special interest in educating working children. Another big player in the arena is UNICEF, decentralizing, opening up field organization for more coverage.

The mostly talked about child labour, is of carpet industries which is highly supportive of the RUGMARK foundation, which certifies export of carpet free of child labour.. It is great to see carpet industries and RUGMARK working together to resolve the problems existing in child labour. Children who were working in carpet industries are enrolled in three rehabilitation centres opened up by the RUBMARK and NESPEC which provide vocational training, non-formal education, counselling, health education and services, family reunion and support for regular schooling.

So, next time when you hear about the words "child labour", don’t merely acknowledge, instead make an effort or take an initiative in any way you can to help resolve child labour related problems and issues.

Every day, one person used to stroll along the shore. The wave brought thousand of fishes to the shore and he would catch one fish and throw it back into the ocean. Observing his action, one man asked him " Why do you throw one fish everyday into the ocean? What difference does it make?"

The man replied, "it certainly may not make much of a difference to all the fishes but it certainly does to that small fish."

Child labour is not something which will change overnight. What it needs is collective effort.

Riding with the cancer

By Ritesh Shrestha

Well it’s not new stuff; we have heard about it and witnessed the disastrous nature of the dreaded disease "cancer". Now it’s a part of history as everybody knows that it can be easily prevented. However, some folk willingly/unwillingly fall into the trap.

Teenager’s and their advanced versions (the ones one level up in the hierarchy) running wildly on the new generation ramp. This is the group I am pointing at. Every one has the hunch that the whole world is under them once they just become teenagers. Gang bust-up, ragging teachers, boozing and vandalism: these are the duties they must anyhow abide by, as for them, school rules are to be broken, never obeyed. Oh yes, chilling out with the very parsadam (marijuana) concocted with perfectly calculated chemically balanced inebriated formula diet is still one of the school rules.

As one becomes free from the strict school bondage, he/she has more history to make on the ramp labelled - "off the rail track". You know what I mean. You can upgrade your status from what I call "toy drugs" to hard ones. The mind becomes more devilish. has freedom, goes on hiking day after day.

Well I was also that sort when I was in school. Dosing down under an open roof, I used to gaze at the stars when I couldn’t sleep the whole night. The star seemed to tell me something. I figured out that it was trying to ask me whether it could fix my track fine with a cocktail of psychological and superstitious analysis. Was it of any use when being caught in a quagmire of addiction which eventually overruled the analysis. This reminds me of my closest pal.

With iron nail fixed knee joint, courtesy- a severe bike accident; he still has a real problem. Every month after his operation, he has to undergo series and series of "chemotherapy" cycles. Injection (inj.) Ringer. L and Dextrose (8 bottles), inj. Manitol (1 bottle), inj. Perinorm (5 pcs), inj. Cyclophosphamide (700 mg). inj. Cystoplatin (70 ml), inj. Adramycin (40 ml), gamma sterilized syringes (20 pcs); aren’t these the only prescription items for the very day?

Doctor saheb? Well I have learnt to do the whole stuff myself. But, my friend refuses to carry out the next cycle. It’s not that I am dong it. Pal, mind you, I could blackmail you. I can tell the whole truth to your parents.

Sometimes I feel guilty to hide the truth that we are obediently studying BCS at Ferguson college, Pune; always making away with flying colours. Who knows we are at the shanty towns of Bombay most of the times. I know I will have to pay the price if your parents know that I’m only a liar. Hey Pal, let’s gear up. An apple a day, you it keeps away. Let’s stop riding with the cancer.

MPs not above board

By Kuldip Nayar

It is no more a secret that some Rajya Sabha members get elected by dint of money bags. They buy legislative assembly members, who constitute the Electoral College, to make it to the house. After the biennial election this April, Rajya Sabha Deputy chairman Najma Heptullah was so horrified that she admitted: "Only those who have the money to buy MLAs -- and mind you, they do not come cheap, the going rate in the recent Rajya Sabha elections was from 20 to 50 lakh rupees-- can resort to it."

There was no public outcry, no media debate and no CBI probe. Her observation did not serve even as a pebble to disturb the placid waters of the establishment. This points to the familiar ring. The matter should have come before the Ethics Committee of the Rajya Sabha. But it preferred to remain quiet even when the Chief Election Commissioner drew public attention to the reports of some MLAs "selling" their vote.

Now MPs can legally defend their attitude. They will not be accountable even to the Lokpal, the highest body to check corruption at high places. They have refused to accept any agency outside the house. Their preference is for the Ethics Committee, which comprises MPs alone.

What is sought to be conveyed is that MPs are even a notch above the Prime Minister and his cabinet colleagues. MPs are elected. Their reasoning would have held good if, at the time of election, they were to tell the voters that when returned, MPs would want a different yardstick to measure their action. The Ethics Committee of each house - the MPs’ court -- is entirely theirs. They are a fraternity which cannot be expected to spot out black sheep among them.

Even the bipartisan Ethics Committee of the US has not been effective in controlling the wrongful conduct of Senators and Congressmen. When MPs fail to comply with a simple understanding that they will declare their assets within 90 days of their taking oath, they cannot be expected to come up to rigorous standards.

I recall that during the meetings of the Joint Committee of Parliament on the Central Vigilance Commission bill, no discussion was held on the conduct of MPs. The argument given was that they would be covered by the Lokpal bill. It was agreed to mention this in the committee report. But when the draft report was prepared, even the word politics, was kept out.

As a member, I have referred to the understanding in my dissenting note that "the committee would underline the importance of clean public life to ensure that politicians do not want to be treated as a class apart and they want the corrupt among them to be dealt with severely." For reasons still not known, the committee did not implement its earlier promise. By bringing the debate to a limp end, the committee lost a historic role it could have played to curb corruption.

I have stated in my dissenting note that "every politician in India pays lip-service to eradicating corruption. Every leader exhorts the citizens that he or she should carry out campaign against corruption. By and large, politicians of the country are so enmeshed in corruption that citizens cannot expect any response from people in power, whether in government or in opposition." The matter does not end here. It will come before the house where I expect some MPs to support me.

The Joint Committee has done a disservice to MPs by not doing anything. But it has encouraged dishonest top bureaucrats by doing something, that is, diluting the powers of Central Vigilance Commission. The Jain hawala case exposed the working of the government. It was found that senior civil servants could not be arraigned because the government’s prior sanction was needed. The sanction for their prosecution did not come from the secretariat for years. The Supreme Court cancelled what was called, single directive, the government’s permission to investigate or prosecute any civil servant above the rank of a joint secretary.

Strange, the Joint Committee has restored the government’s authority. It means that a dishonest officer will once again be protected by the ministers who use him. The old equation, quid pro quo, will return. A corrupt officer will make money and his political boss will keep his eyes shut because of the ‘services’ he renders to him. Delinquent civil servants will continue to be the government’s instrument for dishonest deals.

The worst part of the bill is that the CBI has again been entrusted with the investigation and prosecution of public servants. The agency has a dismal track record. It is too politicised and is run like any other government department which the rulers supervise. The Supreme Court said in the Jain hawala case that it found the CBI wanting in investigation and prosecution and commented adversely on its deleterious ways. But the joint committee, where the BJP and the Congress constitute a majority, has opted for the same old agency, which is convenient and obliging.

I am not criticising the entire CBI. Some of its officers have defied political bosses and burnt fingers in the process. One CBI director got marching orders at the airport itself. In one case, a CBI officer was instructed by a Prime Minister on the phone not to interrogate a particular accused, who had personal relations with him. The CBI may be able to function with credibility if it is released from the clutches of political bosses. Then it can even prosecute MPs because the Supreme Court has declared them public servants. The Chief Vigilance Commissioner has the authority to initiate action against MPs. But they refuse to accept the court’s verdict.

Ideally, there should be an independent agency. Like the judiciary, the Comptroller and Auditor General of India and the Chief Election Commission, this agency should be autonomous so that it is above the pressure of the executive and the bureaucracy. This agency should have a constitutional status in the long run but, to begin with, it can be given a statutory status. The agency should be headed by a person of the highest integrity and should have a fixed tenure.

Such an agency has been experimented with in Hong Kong and it has yielded commendable results. The Independent Commission Against Corruption (ICAC) was established by Hong Kong in February 1974. ICAC is independent of the police and the rest of the civil service. It has three departments, the Operations Department, which
handles investigations and arrests; the Corruption Prevention Department which studies and recommends improvements in the department and the Community Relations Department which educates the public.

If constituted in India, the independent agency can serve both the Lokpal and the Central Vigilance Commission. A new mood of honesty will spread in the country which finds the very foundation of the polity shaken by politicians and civil servants lacking integrity. Bribery and corruption are not fringe issues but concern the vitals of our society. They must be dealt with openly and decisively by any nation which is democratic and determined to go ahead. In fact, I believe, central to development is the issue of governance and corruption. It is a pity that many MPs do not see that way.