Reconsidering The Issue Of Women’s Human Rights And Political Rights

Kapil Shrestha

I – INTRODUCTION

More than 50 years have passed since the adoption and proclamation of the Universal Declaration of Human Rights on 10 December 1948 which states that "the recognition of the iherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world"; and whose Article 2 provides the "everyone is entitled to all the rights of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other social status". Similarly more than 20 years have elapsed since adoption of the Convention on the Elimination Against women of Discrimination Against Women (CEDAW) Whose Article 1 categorically states that "discrimination against women, denying or limiting as it does their equality of rights with men, is fundamentally unjust and constitutes an offense against human dignity". However, inspite of the progress achieved in the enactment of numerous progressive and gender-sensitive international human rights instruments, commitments and guarantees over the last half century which are aimed at ensuring the dignity, equality and justice for women, the over all progress has been rather slow and even dismal. Indeed, the continuing denial of women’s human rights or political rights is not a fabrication in minds of the wronged women, feminists, media practitioners, human rights activists and other opinion makers who have spoken against it. It is the logical consequence of women’s oppression and gender discrimination related with other socio-economic, cultural and political factors and could be observed in the household, in the community, in the nation state and globally. Hence, women activists and their supporters all over the world have been strongly demanding for the need to give the special emphasis to the issue of women’s human rights in order establish it as the priority agenda of the human rights struggle and discourse.

There is also growing realization that one of the main reason for the systematic discrimination of women and continuing denial of women’s human rights is primarily a political question and is reflected in lack of access to the political decision-making centres. Both issues related to the realization of women’s human rights and political rights are closely entertwined and interelated. It is not realistic to expect progress in \on sector without corresponding progress in the another one. While searching for an independent identity and political "Space" for themselves in the so called male bastion of political, women all over the world have seriously questioned and challenged the existing structures, mechanisms and value systems that perpetuates the inequity, injustice and discrimination in the society and politics. Obviously then such attempt by women to empower themselves have brought them into the situation of conflict and confrontation with the force of status quo and reaction.

A review of the experience of Nepalese women’s struggle to achieve human rights and political rights during the decade since the dawn of democracy also shows that it is not very different from that of their global counterparts, particularly the South Asian Sisters. Instead, in Nepal’s context, the situation of women is even more pathetic and grave as they are still treated as the second class disinherited citizens. Extremely low social status and disproportionately low representation of women in all walks of the public life mirrors the marginalization, subordination and dehumanization of Nepalese women.

II. REVIEW OF ATTEMPTS TO IMPROVE HUMAN RIGHTS SITUTAITON OF NEPALESE WOMEN

There is no denying the fact that since the dawn of democracy in 1990, government of Nepal have been making continuous efforts to enhance the women’s status and empower them by guaranteeing the "right to equality" under the "Constitution of the Kingdom of Nepal, 1990," implementing various gender sensitive development programs and ratifying 16 important international human rights instruments, including the CEDAW.

The constitutional provisions related to the "Directive Principles and policies of the state" has set guidelines for the state to pursue a poling of encouraging the women to participate in the taste of national development by making special provisions for their education, health, employment and welfare, moreover, the Constitution also makes the mandatory reservation of 5% seats for women in both houses of the parliament. ‘The Local Representatives Act, 1996" makes the reservation of 20% seats for women in the grassroots political units-the Village Development Committees (VDC) and Municipal committees etc.

As part of the post-Beijing Conference initiative, a separate Ministry of Women and Social Welfare has been established. The newly established Ministry has formulated the "Gender Equality and Empowerment National Work Plan, 1997. The ongoing 9th Five-year Plan Document has specially targeted the women in its overall poverty alleaviation strategy. Moreover, in accordance with its commitment in the Beijing Conference, 1995. HMG’s Ministry of Law and Justice has submitted a gender sensitive amendment bill to the Parliament with a view to amend various discriminatory and derogatory provisions in the Civil code (Muluki Ain). This proposed amendment provide women a n increased leverage in the inheritance rights, marriage, divorce, adoption, abortion, violence, rape etc. Nepal has also been actively involved in the preparation of the draft of the "SAARC Convention on Preventing and Combating Trafficking of Women and Children for Prostitution". Which is expected to be ratified in the forthcoming overdue SAARC Summit. It could be regarded as a significant step in promoting the rights of girls child and women in the region as well as in fighting against the most abominable trade and trafficking if innocent girl child and women for the immoral purposes.

No less noteworthy is the emergence and growth of the NGOs and human rights organizations committed to he cause of women. Not only have these organizations contributed a great deal, though the intrepid advocacy and action, to the sensitization of the society to the issue related to women’s empowerment and welfare, they have also succeeded in forcing the otherwise reluctant and indifferent government, political parties, legislature and Judiciary to respond to women’s issues on many occasions. As a matter of fact, the impact of the effectiveness of the activities of the civil society can be seen in most of the governmental initiatives on women issue recently.

III. REVIEW OF POLITICAL PARTICIPATION OF WOMEN

The under representation of Nepalese women is polities is a social and historical reality. Women are silent invisible and disproportionately represented majority a Nepalese polities. Women have been treated as the sge ‘Vote Banks’ only by the political parties and politicians alike. Looking at the functioning of political parties in Nepal it also evident in the only nominal representation in the party central committees as well as in the low priority or position accorded to the party sister organizations compared to other party related fraternal organizations like the students and youth groups.

The inflexible and conservative attitude of almost all political parties, irrespective of their high sounding promises and radical rhetoric’s, is evident from the fact that none of them could display the spirit of magnanimity towards women candidates in distribution of the parliamentary tickets exceeding the mandatory limit of 5% set by the constitution in all the general elections held so far the pervasive gender discrimination in politics makes even the veteran women politicians feel bypassed, ignored and insecure. Very few of the women politicians or members of the parliament projected by political parties possess an independent identity of heir own. Their political background has been usually characterized the ascriptive dynastic patronage by a powerful leader and non-merit factors etc. it has been experienced that in a county with patriarchal society like Nepal, powerful socio-economic, cultural and institutional barriers have blocked all but the most tenacious women from politics. This could be the main reason for fitful, sporadic and episodic participation of women in politics.

Hence, because of dependence of women politicians upon the patronage and support of the senior male politicians in the party and because of their political vulnerability a decade long experience of women in the legislature show that they have not been able to develop sufficient confidence or capacity to push through the women friendly legislation’s like the ‘Women’s Inheritance Bill’ or ‘Reproduction Rights Bill’ etc. Neither have they been able to espouse the agenda different from male counterparts, aimed at restoring the health of our dysfunctional political system.

In the last general elections held on may 1999, out of 2238 candidates for 205 seats only 135 were women and as many as 113 constituencies did not have any women candidate at all. Looking at such political exclusion and marginalization of women, it could be conjectured that at this rate women will take many more centuries to enjoy equality with then.

Nevertheless, inspite of dismal scenario at the national level, women’s representation in the local level politics has undergone a dramatic expansion following the enactment of the local bodies Act, 1996 which required the election of at least one women from each ward committee of the V.D.C. and municipalities. As a result, the elections to the local bodies held on 1997 and 1998, returned more than 40,000 women representatives. It constitutes almost 20% of all the elected office bearers. Without doubt, the representation of such a large number of women belonging to the heterogeneous socio-economic and political backgrounds in the grassroots units of the political system can be expected to have a long-term catalytic impact in the so0citty and politics.

IV. ISSUES AFFECTING REALIZATON OF WOMEN’S HUMAN RIGHTS AND POLITICAL RIGHTS

Patriarchal and male dominated society, which one hand oppresses and margingalizes women by compelling to accept the low subordinate status in the society and on the otherhand, discourages women’s political participation by making it patrilineal dynastic, ascriptive and patronage oriented.

Lack of political will and appropriate implementation machinery has made mockery of a number of progressive legislation with good intentions.

Low priority given to women’s programs by the government always results in ‘tokenisms’ and resource shortages.

Growing criminalization, violence, corruption, derailment of democratic norms, values and rising cost of electioneering acts as deterrent against women’s participation.

Lack strong, confident, competent and credible women leaders who can act as the ‘role models’ in motivating increasing number of women to participate in politics and human rights activities.

Weak civil society, political indifference and apathy of women activists, upper caste elitist social background of civil society activists.

Low level of female literacy and political awareness among women.

Economic dependency of women and lack of family support for active political participation.

RECOMMENDATIONS

Policy reforms, legal reforms, social reforms.

Need to repeal all discriminatory and unjust laws

Need to ensure both qualitative and quantitative increase in reservation quota for women in all levels of political system and public life.

Need to create special educational and employment opportunities for women belonging to ethnic groups and Dalit groups.

Need to initiate a massive awareness building campaign throughout the country to sensitize people, politicians, administrators, judges, social activists etc.

Need to evolve special agenda of reform and transformation in society and politics by women politicians.

Need to develop cross political linkages and consensus among women political activists on women’s issues.

Need to initiate democratization of civil society movement with a view to involve the heterogeneous cross section of women and their supporters.

Need for the recently formed Human Rights Commission to undertake proactive position on women’s issues.

Headline | 5 Question  | Editorial | 2nd Impression | International | Past