Law & Civil Society

THE citizens of Nepal did not enjoy human rights during the dark days of the Panchayat system. The voice of the political parties, the press and the people had been muzzled and there was hardly any one who could speak up even when there were blatant rights violations. But fortunately, after the re-ushering in of democracy in the Kingdom, the Constitution guaranteed all fundamental rights to the people. Now, after ten years of democracy, it has been felt that, legal measures alone are not enough to ensure that the human rights of the people are not violated. A stark example of this is manifested through the ongoing Maoist insurgency, in which more than one thousand people have died and many displaced. Just the other day, it was informed at an inter-action programme that the members of the recently formed Human Rights Commission met a group of 240 people, who were now residing in temporary shelters in Kathmandu after being displaced from their homes because of the insurgency. They had arrived in Kathmandu after trekking for 28 long days and were now living on handouts.

It is indeed sad that innocent people are suffering unnecessarily because of the terror unleashed by some people who are unwilling to come into the constitutional fold. But it is not only from the insurgents that the poor villagers, mostly in the Maoist affected areas are being victimised. There have been reports of how security personnel belonging to the government too have violated the fundamental rights of the people. Perhaps keeping such unsavoury incidents in mind, even the members of the newly formed Commission admitted that the human rights situation in the country was not satisfactory. And this, when there is a free and democratic environment in the nation and it has already ratified 16 different international human rights conventions. One member of the Commission rightly pointed out that legislation only would not be enough to stop human rights violations. Yes, the government must punish those found guilty of committing atrocities, but at the same time the society as a whole must also create moral pressure so that any would be rights violators would be highly discouraged. It can be hoped that the currently formed Human Rights Commission will be able to keep a sharp eye on any violations that takes place and pressure the government to initiate tough action against the culprits. Only thus can the people live a life of dignity, as guaranteed to them by the Constitution.

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