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.

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