Make NHRC work

Reports have it that the National

Human Rights Commission (NHRC) formed about four months ago has had to face obstructions from some quarters of the government. On the occasion marking the hundredth day of NHRC a few days back, Chairman of the commission Nayan Bahadur Khatri had complained against the 'attitude' of some government agencies which had accused NHRC of exceeding its rights and disturbing the functioning of the government. The reality is however the other way around. Government agencies are not cooperating with NHRC. Indeed, it is much more than an attitude problem that the rights commission will have to deal with.

One particular government agency from which NHRC is likely to receive little cooperation--in fact, is likely to come up against--is the Police Department, which does not really have much to flaunt by way by way of a good human rights record. The case of Nara Bahadur Ale demonstrates this quite well. Ale spent the past three years in jail on seven different counts. He was rearrested every time the court released him. A report the other day said that plainclothes police officers were staking him out in front of NHRC office. Police deny this is happening, but even if they are speaking the truth, there must be an investigation. The Home Ministry as well as the police department have to answer why Ale was rearrested so many times. The burden  of proving that they did not abuse the authority invested by the public security Act and violate Ale's rights rests solely on them. Ale must be compensated and action must be taken against those who are responsible for what has happened to him. According to NHRC, there are many more people who find themselves in Ale's position and few of us would disagree that with arbitrary arrests and detention, torture and custodial deaths, especially since the Maoist  insurgency started four years ago, human rights violations have increased in the last few years.  In other words, the government has, in desperation, responded to the insurgency in an even more authoritarian manner.

The NHRC must be able to change this situation because where there is no respect for human rights, the practice of 'democracy' is reduced to a meaningless farce. Obviously, attempts are being made from some quarters to undermine the NHRC's scope despite the fact that the commission is empowered widely. If these government agencies succeed, democracy will never be able to take root in Nepal.

Inappropriate reporting

We are deeply concerned by the news report in your daily on September 23,

2000 regarding the Melamchi project, where you have reported that the Prime Minister in a public meeting stated that the Melamchi Water Supply Project is simply unaffordable and unsustainable. We would like to clarify on some pertinent issues that might be of interest to the stakeholders in the project and the general public.

Over 22 alternatives have been looked into since 1988 to ease the chronic water shortage situation in Kathmandu valley and Melamchi Water Supply Project, so far, has been adjudged the best alternative on social, environmental, technical and economic grounds. It is an exaggeration that water from Melamchi will be sufficient only up to 2011 AD. The studies simply mean that if uncontrolled population growth as at the present is allowed in the valley, then it will not be possible to supply the entire clientele with 24 hours supply in the driest periods. In this context, it will be appropriate for the government to adopt economic and regulatory measures to reduce population growth in the valley so that the investments on infrastructure can deliver the desired output for a longer period. One such measure is to relocate high water consuming industries outside Kathmandu valley. The issue also calls for effective management of demand and optimization of water use by all concerned.

The Prime Minister's remarks were also to suggest that to fully accrue the benefits of such large investments like Melamchi, it was necessary to relocate high water consuming industries.

Presently, the donor community involved in the project, which comprises ADB, World Bank, NORAD, NDF, SIDA and JBIC. They are undertaking a joint appraisal of the project. The outcome so far has indicated towards a successful initiation of the project. We would like to request your revered daily to clarify this issue so that the cloud of confusion created by the inappropriate reporting is cleared.

Dinesh C Pyakural
Executive Director
Melamchi Water Supply Development Board

Formal and informal reservations

By Mahendra Lawoti

If reservation policy means reserving

certain seats or positions for exclusive use of certain groups, Nepal already has reservation policy in place.  For more than two centuries, the 'upper-caste' Parbatiya Hindu males have had almost exclusive domination on all influential positions in the country.  Is that not reservation?  The Nepal Human Development Report (NHDR) 1998 states that since 1854, high caste groups (around 30%) have occupied 92 percent of the top civil service positions.  The fact that this has not been declared does not mean that   it does not exist in practice.  In addition to the fact that it has not been declared, the existing 'reservation in practice' is also unjust because a small minority is occupying a hugely disproportionate chunk of influential positions.  The disproportion becomes even more glaring if we reduce half the women population from the privileged high caste group: then, according to NHDR statistics, about 15 percent of the population have been occupying more than 90 percent top state positions.   If this disproportionate domination of a group in public realm positions for around two centuries is not reservation, what then is?           

To counter this undeclared and unjust 'reservation in practice' that favours the dominant group in Nepal, the oppressed groups are demanding declaration of just and proportionate reservations in education, public employment and political office.  The aim is to provide resources, opportunities and favourable institutions to socially backward groups.   According to Iris Marion Young (1990), the primary argument for policies "that consciously aim to increase the participation in positions of high reward and authority is that these policies intervene in the process of oppression" and contribute towards making a more egalitarian and just society.  The purpose of affirmative action is not only to compensate for past oppression and discriminations but also to mitigate the influence of current biases and blindness of institutions and decision-makers.  Such policies benefit the overall society also by promoting diversity. People from different groups often bring unique perspectives to a collective endeavour, supplementing those of others, because of their differing experiences, cultures, values, and interactive styles.  

Despite varied successful outcomes in countries with reservation policies, opponents of reservation policy in Nepal have selectively projected negative aspects of the programs, and on that basis have claimed that it should not be adopted.  However, if policies should be discarded because they have failed in some areas, or because they have not fulfilled all our objectives, then should we get rid of the current democratic system because it is beset with so many problems?  All public policies do not achieve everything they aim, and often times they are contested. That is the nature of public policies, and it is also its strength because through criticism accountability is ensured and more efficient use of scarce public resources is achieved.  The challenge is to improve and refine policies to enable them to address their objectives in better ways.  

Myths about reservations: Funny arguments against reservation policies have been presented in Nepal.  In a recent workshop on untouchability, former speaker Mr Damannath Dhungana, citing one Bihari Jha writer, said that inter group killings and mayhem in Bihar is due to reservations.  If reservation is the cause of murder and killings, then such atrocities should be the order of the day in other places where reservations have been implemented. However there is no such mayhem in the South Indian states of Tamil Nadu, Kerala, Andhra Pradesh, and Karnataka. This refutes absolutely such baseless claims. If we can at all link mayhem and killings to reservation, then the conjecture may be quite different from what Mr Dhungana suggested: the Indian experience suggests that mayhem and killings may take place if reservation is implemented late, as in Bihar, and such atrocities may be avoided as in the South Indian states where reservation policies were implemented earlier and in higher proportion.

However, we must accept that the implementation of the Mandal Commission report by the VP Singh government in India encountered protest and violence.   But if we analyse the participants and instigators of the protest and violence, interesting facts emerge.  Protest participants were  college students from 'upper-caste' groups who had been monopolizing the state and societal resources for centuries.   

The instigators of the protests were the media controlled by the 'high-caste' groups.  People like Arun Shourie, who is a minister in the current Indian cabinet from the Shiva Sena quota, were influential in instigating and fuelling the protest.  Analysis of Indian media reports and research oriented academic journals like the Political and Economic Weekly and South Asia Bulletin during the Mandal uproar in the early 1990s show that while the popular media carried regular news and articles against the Mandal Report, research oriented journals pointed out absence of any basis in the claims of the news reports.  The news reports were mostly based on anecdotal stories instead of scientific investigation as the journal articles were.  Nepali readers are not unaware of the objectivity of Indian media. It has been demonstrated continuously in its coverage of Nepal, and they felt the full impact of Indian media terrorism during hijacking of Indian Airlines last year, and bore the pain of a systematic misinformation campaign.  The Indian 'lower-caste' groups accuse the 'high-caste' controlled media of similar systematic media terrorism against their cause. 

The protest mostly took place in pocket North Indian cities and states, and did not gain much support in the south.  The difference between South and North India in terms of reservation policy is that the Southern state governments had implemented reservations set forth by the commission much earlier. The south is comparably a just society, partly as a result of earlier and proportionate reservations. On the other hand, the north is comparably an unjust society.  Hence it can be seen that just reservation policies, and justice it imparted, was partly responsible for not inducing violence in the south as against the unjust societal atmosphere in the north.        

Declaration of reservations is an essential policy for uplifting the deprived groups in Nepal.  However, it is no panacea for all the troubles of an unjust society.  Shortcomings will surface once the policy is implemented, and they should be addressed to strengthen the policy.  Non-implementation is not the way; late implementation might become a problem, on the other hand, as in Bihar.

Heritage conservation in IT age

By Razen Manandhar

We must be lucky that our great,

great grandfathers have built so many monuments for us. They constructed giant temples like Pashupatinath, Changu Narayan, Boudha, Swayambhu so that the people would pray for the country's prosperity. And the rulers of Kathmandu, Patan and Bhaktapur were also so benevolent that they had their palaces built amid the common people's residences and made them full of temples so that people might tread over the palace premise every day..."

These are the common speeches intelligent people love to deliver now and then. They never miss talking about the bird called heritage conservation when they see some white skinned audience, probably from World Heritage Committee or UNESCO itself.

We have become very conscious about this topic, at least in front of the foreigners - because UNESCO believes they are valuable for the world. To please them, we have to work  as if we have a room in our heart for the monuments we have acquired from our ancestors. And optimistic foreigners clap their hands (They will never know how easy it is to draw donations in the name of heritage conservation).

Next reason to conserve the cultural heritage: A big part of national income is backed by the tourism industry. It is easy to promote this industry because you have to invest nothing for raw materials. Your grandfather planted a tree three hundred years ago and now you are the legitimate heir - you don't have to love the tree to pluck fruits. Let's conserve the temples for the tourism industry's sake.

Driven by these two major incentives, we have determined to conserve our cultural heritage. But the bitter side of the truth is that it is not as easy a job in this IT age.

The world has changed. Today our mind has "memory space" only for cement constructions, roller shutters, air-conditions, Toyotas, leather jackets, hamburgers and computers. But we have to pretend as if we really care for heritage conservation. How?

No worry, we have secret techniques of conserving UNESCO's heritage in this modern world. This would satisfy the annoyed UNESCO team as well as other white skinned heritage lovers.

We are doing all this for the foreigners' sake, so we don't have to worry about genuineness. They can find no wrong in the way we "conserve" the monuments in decorating style. Indeed, we are clever enough to dupe the westerners.

The international experts demand use of indigenous materials and art in renovation of the heritage sites and surrounding buildings. We cant' do this but there are lots of things that can be done. Here are some common tricks: Erect concrete pillars or walls, wrap them with brick-shaped tiles and cover the joining with mud. Instead of genuine wood carvings, stick machine cut pieces of wood. Use iron beams or pillars and cover them with wood pieces. You can paint copper roofs with enamel. Allow buildings can be built over water spouts and the spouts can be made to drip from water tanks. Build a fake temple over the underground-like place where the gods reside.

Let Tibetans build giant structures in the name of preserving the jungle. Don't renovate a courtyard for decades, lock it instead. Everything is okay if you can satisfy the demon called the High Level Mission of World Heritage Centre.

But above all, the best way to please them must be to throw a handsome party somewhere in a starry hotel.

Kamaiyas : After the declaration of freedom

By Bal Chandra Sapkota

Would you give me some money? I have   not fed my baby for 3 days", carrying a six month baby a middle aged woman asked when I was getting off the bus in Dhangadhi. She further asked, "Would you offer me a job and shelter? I have been looking for some work but, She explained she was not a professional beggar, but a Kamaiya who had been freed by the decision of His Majesty's Government. There are so many Kamaiyas who have been made beggars. I hate begging but what can I do when I don't get any job?" asked Dhana Chaudhari who had spent her whole life working as a bonded labour. Now she roams Dhangadhi after the government outlawed the Kamaiya practice.

When the government took the decision on the 17th of July, jubilant Kamaiyas danced, sang and marched through the streets of the capital. It seemed that it was the happiest  ceremony they ever had.

Most Kamaiyas had not owned their house and land. They had to depend on the landlords for shelter and job. The happiest moment was lost. The landlords were furious and drove them away. Some landlords threw their goods away while others shut their doors. The Kamaiyas could not get their rags and pots. Not only that,  some landlords even attacked the Kamaiyas and accused them of stealing their goods and got them arrested.

 As the landlords pushed them away, some crowed the compound at the DDC and VDC while others scattered hither and thither searching for jobs. Many of them moved to India and some again returned  to their landlord.

The government's decision to outlaw the practice of bonded labour was no doubt a praiseworthy step. Taking a great risk, the government outlawed the Kamaiya practice and freed two lakh Kamaiyas. But this was a rushed decision taken without any homework.

Now the Kamaiyas have little by way  of shelter, job, food and clothes. When the government outlawed the Kamaiyas and declared punishment of 10 years imprisonment for those who kept them, all landlords forced them to leave their houses. How many families have been affected by this decision is not known., Government and NGO data differ. According to the Ministry of Labour, there are 25762 Kamaiya families but INSEC, BASE and  some other NGOs report more than 40 thousand Kamaiya families. One family has 6 members in average according to INSEC, which means nearly two lakhs Kamaiyas are affected. The INSEC survey of  2052 shows 96 percent Kamaiyas as illiterate, 93 percent Kamaiyas belong to the Tharu community, 76 percent are below the age of 40, around 98 percent do not have their own house and 18 percent are suffering from life long sickness. Nearly 28 percent Kamaiyas were bonded labour from their forefathers. The government has no clear plan and data on how much land is needed for their settlement and no alternative jobs for them. It hurriedly decided without making arrangements for their proper settlement. The government has allocated three crore and 129 lakhs (which is too low) for the management of about 40 thousand families covering two lakh people.

The government should have taken the data about their possible job and houses, but the government feels that it has completed its duty by declaring freedom for Kamaiyas. After the declaration, it formed the committee at district and central levels. But their work can hardly be called a solution. There are no other arrangement expect the voice raised by  government officials and ministers for political purposes.

Newspapers published that in Kailali and Kanchanpur many landlords gave Indian workers farm work like paddy planting and watering. The government's call for living and working together in the time of planting crops season could not attract landlords. They did not only refuse the government's appeal but even reached the court against the government decision. The government  could neither take action against farmers who boycotted Kamaiyas by offering job to Indian labourers, nor  did it work for Kamaiyas. Now the Kamaiyas are not only jobless but their traditional farm job is being captured  by Indian labourers. Nearly all the Kamaiyas are primarily the farm workers. Now they need technical training for jobs but the exact number of Kamaiyas is still not known. The government has plans to collect, but when? Two moths have passed after the Kamaiyas were made homeless, and jobless. They are in a dilemma whether they should again go to the landlord to be bonded labour or become beggars or leave the country for India or get involved in crime for survival. Things can improve if they are taken seriously. The Kamaiyas hope for shelter, food and work. But if the government delays, the situation may be out of control. The Kamaiyas are demanding just a piece of land to make a small hut. They are not demanding a high scale job but just a job.

The government has many problems but this is a key problem to address too. This should be solved promptly. It should not ignore the fact that about two lakh people are sleeping on an open land, under the tree and in the street. The flood, encephalitis and numerous other problems have made their life difficult. Those who used their arms to grow to feed others are becoming beggars. Some are again forced to be bonded and some are moving out. The government should be serious about solving this problem as soon as possible.

Just providing land only may not be a complete solution, the Kamaiyas should be provided with technical training. There are some NGOs and INGOs ready to help the Kamaiyas.