HR & Decentralisation
Participation Is The Key

By Mukti Rijal

AT A function held in the capital city recently for launching the Human Rights year Book-2001 prepared and produced by INSEC a speaker argued that the economic social and cultural rights of the people have not been embodied as justiciable rights in the Constitution of the Kingdom of Nepal. This, he told was an oversight on the part of the makers of the constitution that was promulgated following the People’s Movement of 1990. The argument has been undoubtedly an important one taking the growing improvement of the people into account. However, the resources and capacity of the state are linked to the realisation of the economic social and cultural rights of the people. As a result, the economic and social rights of the people have remained as aspirations that are yet to be progressively met.

Decentralisation governance bears direct relationship with respecting and realising the economic, social and cultural rights of the people. The constitution of the Kingdom of Nepal provides a significant emphasis on participatory governance to include all ranks of the society to contribute to the national goal of full fledged democracy and development. The right to participation is inextricably linked to decentralised governance and development. There is an increasing body of national and international human rights law guaranteeing people the right to participation and decentralised governance. Nepal has been a party to ratify these instruments committing to comply with the human rights standards applicable to the domestic jurisdiction of the state. The International covenant on economic, social and cultural rights (1976) to which Nepal is a signatory provides in its article 1 "All peoples have the right of self determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. " The convenant in its article 3 states further" The state parties to the present convenant undertake ensure the equal rights of men and women to the enjoyment of the economic, social and cultural rights," Similarly, International Convenant on civil and political rights guarantees participation right to the people as an important element of human rights. In article 25 of the covenant it is stated that."

Every citizen shall have the right and the opportunity without any distinctions and without any unreasonable restrictions to take part in the conduct of public affairs directly or through freely chosen representatives, to vote and to be elected at genuine periodic elections which shall by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors, and to have access to general terms of equality, to public service in his country.

The international convention on elimination of all forms of racial discriminations prohibits any distinction , exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose of effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic social, cultural or any other field of public life. The UN Declaration on social welfare, progress and development in its article 5 defines important elements of the social progress and development. It states "social progress and development shall be founded on respect for the dignity and value of the human person and shall ensure the promotion of human rights and social justice. This requires the immediate and final elimination of all forms of inequality, exploitation of peoples and individuals and recognition and effective implementation of civil and political rights as well as of economic, social and cultural rights without any discrimination. In article 6 of the declaration it is recognised that social progress and development require the participation of all members of society in productive and socially useful labour and the establishment, in conformity with human rights and fundamental freedoms and with the principles of justice and social function of property, of forms of ownership of land and of means of production which preclude and kind of exploitation of man, ensure equal rights to property for all and create conditions leading to genuine equality among people.

The UN Declaration on the Right to Development constitutes an important instrument, though not binding in relation to guaranteeing participation right and decentralised governance. It says "The right to development is an inalienable human right by virtue of which every human person and peoples are entitled to participate in, contribute to, and enjoy economic, social cultural and political development, in which all human rights and fundamental freedoms can be fully realised. In article 2 of the declaration it is stated."

The human person is the central subject of development and should be the active participant and beneficiary of the right to development. "The declaration further states" Sates have the right and duty to formulate appropriate national development policies that aim at the constant improvement of the well being of the entire population and of all individuals, on the basis of their active, free and meaningful participation in development and in fair distribution of the benefits resulting therefrom."

These extracts of the international declarations and covenants oblige the ratifying states of create environment germane to the achievement of participatory governance and development to assure of justice justice and dignity to the peoples. Nepal has embarked upon strengthening the participatory
governance process through decentralisation of power to local entities and organisations. It is high time that the process is further accelerated and social economic and cultural rights are progressively realised.

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