Protecting Human Rights A Challenging Task

By Khilendra Basnyat

ALL human beings are born with equal rights and freedoms. They are born equal in dignity and respect. Everyone has the right to life, liberty and security.

Although human rights movement was developed through a collective expression of freedom of endeavours of the people, the pace of this development has been associated with the velocity of the arbitrary rule of the rulers all overs the world.

Since human rights are inherent in and essential part of human beings, a major breakthrough was achieved through the adoption of the universal declaration of human rights by the United Nations (UN) on the tenth of December of 1948.

Despite the efforts for protecting human rights, assaults on the fundamental rights to life are widespread in many countries. Massacres, indiscriminate attacks on civilians and execution of prisoners are still rampant, in many parts of the world.

There are inequalities in regard to political and economic resources. Consequently, there is conflict. Torture is common in internal conflicts, as are measures in restructuring people’s freedom of movement. The international community has recognised that securing human rights in the aftermath of conflicts cannot be isolated from how the conflict is brought to an end.

In many countries, women and girls are raped and forced into prostitution, and are abducted in order to serve as soldiers. Many others are arbitrarily imprisoned and never brought to trial or, if they are, subject to illegal procedures.

Time and again, relief convoys, which try to help civilians, are severely attacked. As a result, civilians at times do not get disorders’ assistance.

In fact, the denial of fundamental rights regarding food, shelter, employment, respect for cultural life, inclusion of the suppressed and downtrodden people in the decision-making process of the society are the main causes of crises in many countries.

In recent years, there is a recognition that the investment in development activities and human rights promotion requires new impetus in order to secure economic and social rights.

Poverty and exclusion from economic, political and cultural life continue to be the fate of millions of people in both developing and developed countries.

According to a UN report, there are forty-eight countries where more than one-fifth of the population lives in absolute poverty. Hence, reducing poverty continues to be a challenging task for the international community. In this context, the UN has emphasised the right to development, which is expected to provide the basis for strategy for a more comprehensive human rights programme.

It is reported that the UN is combining its efforts to prevent or end conflicts with measures aimed at reducing human rights abuses in internal violence. Emphasis is also given on ensuring the protection of minorities, strengthening democratic institutions, realising the right to development and securing universal respect for human being.

Preventive human rights violations from arising, responding to violations before they escalate into conflicts and controlling them before they escalate further are the chief concerns of preventive actions. Regarding preventive action and peace keeping, the Security Council and the Secretary-General are also assisted by the Department of Political Affairs.

Realising that human rights violations are usually the main reasons for conflict and human crises, the UN is striving to strengthen its early warning capacity and response to conflicts by integrating human rights monitoring into peacekeeping operation. This will enhance its capability in order to deal with allegations of human rights violations.

It is reported that the office of the High Commissioner for Human Rights is developing relationship wit the UN departments, offices and programmes for peacekeeping and human assistance. The Department of Peace keeping operations, the office for the Coordination of Humanitarian Affairs and the office of the United Nations High Commissioner for Refugees are included in this effort.

The UN has been adopting its human rights machinery in order to better respond to the demands of the international community.

The Human Rights Programme is playing a significant role not only in the UN early warning system but also in post conflict reconstruction, building mutual confidence and helping to reestablish a climate of understanding in a good manner.

The guaranteeing of human rights for all the citizens of the country is one of the main pillars of the present constitution of Nepal. Not only this, the Human Rights Commission has been established to protect and promote human rights provided by the constitution and existing laws.

No doubt, the role of law enforcing and prosecuting agencies is vital in the defence of human rights. However, this is not well recognised in our context. Consequently, human rights violations occur time and again in large scale.

However, cultivating a democratic culture at all levels of society is a difficult process because it usually threatens existing values, inequalities and injustices. The task is further complicated by violent activities.

The major political parties that governed the country are all committed to human rights. This is illustrated in their manifestoes issued during the elections. However, they have failed to fulfil their promises made to the people during the elections.

Actually, basic human rights are inalienable, and political rights must coexist with social and economic rights. Apart from this, responsible political parties should commit to maintaining discipline as their important priority.

Today, human freedoms encounter new threats from transition, conflicts, xenophobia, human trafficking and religious fundamentalism.

In fact, it is justice, not charity that is wanting in the world. Protecting human rights can empower the poor to escape poverty, which has plagued millions in the world. However, without the rule of law and good governance of justice, human rights laws are limited to paper only.

No doubt, all human beings must have freedom from fear or threats to personal security, freedom from exploitation, freedom from hunger and so on. Not only this, a corruption free administration and healthy environment is the basic human right of the people, which should not be denied to them.

In reality, Nepal’s commitment to human rights is the best pronounced because the international instruments of human rights have been acceded to by this country. However, because of weak implementation aspect, protecting human rights has been a challenging task in our country.

Agony Inside Kamaiya Camps

THE monsoon rain was continuously pouring and a woman was moaning with labour pain. A group of people stood surrounding her but they could do nothing to subdue her pain. After suffering unbearable pain for a long time, the woman gave birth to a child under a tree of the local community forest.

Budhadevi Choudhary remembers the incident with horror. The incident-took place on 2nd Shrawan right after the government declared freedom to the Kamaiyas (bonded labour). Budhadevi had nowhere to go since she and her husband were kicked out by their landlord right after the government declaration. Finally, she took refuge in a community forest in Chaumala, Kanchanpur.

Such incidents have been occurring in large numbers over the last 14 months. But, the issue has not been taken up and it has not drawn public concern. Even the freed bonded labours do not take it seriously. The Kamaiyas become bonded labours after someone from their family takes a loan from a landlord and is unable to pay the money back. The landlords give them a small place to live and the Kamaiyas are not even aware of the need of a clean environment and a separate place for childbirth, let alone a hospital.

Sundaridevi Choudhary complains that she wanted to be free from such incidents occurring repeatedly. But, after being freed by the government, the situation has become worse than before. The only consolation for these labours is that they do not have to listen to the abuse of their landlords. Besides that, there has been no development whatsoever inside the camp.

The Kamaiyas are in such a state because of lack of appropriate housing and allocation of land after the announcement. Most of the victims are women. Sundaridevi adds that women’s responsibilities have increased after they were freed and women are forced to suffer more agony.

In these camps, the state of women during pregnancy is very pitiful. Due to traditional beliefs that a woman cannot touch anyone during childbirth, these women have to spend three nights outside in the open. On top of that, they have the burden of accommodating and feeding a midwife at a time when they themselves do not have enough to eat. According to Maniladevi Choudhary, there is a belief that sleeping inside a house during that period will anger the Gods and something bad will happen. Therefore, women dare not sleep inside their homes for three days no matter what. But, they do not have an answer to what more can happen than not having any food to eat or clothes to wear.

The Kamaiyas world revolves around the small hut made of plastic and cloth. At night, they spread the plastic on the floor and sleep in rows. In the morning, they remove the plastic and work on the floor. They have not been able to maintain all of their traditions due to the circumstances they have been forced to live in. According to their tradition, a sister-in-law must not touch her brother-in-law. But, due to the circumstances, this has not been possible and Kamiaya women regret not being able to keep up with the tradition.

One Kamaiya family has an average of 7 to 8 family members and most of them are female. They do not practice family planning and most of the women are poverty stricken. According to President of Backward Society Education Dilli Bahadur Choudhary, Kamaiyas prefer daughters since they can make on income from young daughters who are sent to work in landlord’s homes. These girls are known as Kamalari. This is also a part of the Kamaiya tradition. The girls have to work like slaves at the landlords’ homes and they are vulnerable to sexual exploitations and other inhumane acts. The girl is forced to sleep with the landlord, but she cannot talk about this with anyone even if she becomes pregnant. Sometimes, the Kamaiyas sell their daughters for a lumpsum amount.

But, the strange thing is that Kamalris have not been included in the declaration of freedom by the government. According to Dili Choudhary, female Kamiyas have been neglected due to the patriarchal society. The statistics point to the fact that there are at least 2000 Kamalaris only in Dang district. But, the government is not taking it as a big issue. Kamaiya women who do not have husbands have not been included in the census, which means that they are not actually free.

The Kamaiya tradition is mostly prevalent in Dang, Banke, Bardiya, Kailali and Kanchanpur districts of Western Nepal. The Kamalaris neither get the minimum wage fixed by the government nor are they included in the Kamaiyas’ list. Hundreds of Kamalaris have lost all their possessions because of the sexual exploitation by the landlords. But the landlords who keep these girls do not take it as a big issue since they think that it is the Kamaiyas’ problem and not that of women.

At present, the freed Kamaiyas are living in dozens of camps erected in the concerned districts. Since the camps have been built near the forests and by the riverside, women have been subjected to agony and pain. Most of 19,000 Kamaiya families are living in these camps. Most of the men get out from the camps to look for jobs and women find it difficult to protect their children from wild animals and themselves from dirty minded people.

One way or the other men get something to eat while the women have to stay in the camp and look after their children. On the one hand, they have to make sure that they feed their children and on the other hand they have a very difficult time feeding themselves. There are women who have suffered because of lack of food. This affects the children as well since the milk dries up and the children also go hungry. There are no camps where all the women are perfectly in good shape. Due to lack of food, a 22-year-old woman looks double her age. Like other communities, Kamaiya women first feed the senior family members and eat only after everyone has finished eating. Most of the times they have nothing left to eat.

Women are the first victims of the police and people from the ranger’s office. When the male family members are not at home, these people come with orders to destroy the huts and women have to face their brutality. According to Sundari Devi, President of the camp these people come with threats and destroy their huts without any kind of warning. They even destroy the crops in the fields and the administration takes their side.

Approximately 200 Kamaiyas from various camps died in the last monsoon. Women and children deaths were the highest in number due to landslide, flood, malnutrition, and different diseases. For fear of flood, male Kamaiyas go and sleep on the highways as soon as it rains. But, it is not possible for women to go and sleep there because of their responsibility to protect their children.

There are many male Kamaiyas who have migrated to India for employment. Their wives suffer more due to the responsibility of taking care of the children all by themselves and working in the fields as well.

As of now, the government has provided land to only 10 per cent of the Kamiayas and another 10 per cent are still forced to stay with their landlords due to various reasons.