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Any discussion on Nepal recalls the tale of Cinderella. Young,
beautiful Cinderella is brought up by her stepmother and the two ugly
stepsisters. They take advantage of her and reap all the benefits. The
somewhat isolated geographic location of Nepal at the roof of the world,
immediately brings into mind the fact that her two sisters are the great
regional superpowers, the People's Republic of China and India. Cinderella
was rescued from her plight by the handsome Prince Charming. The current
situation of Nepal certainly requires a Prince Charming, though one
wonders who will fulfill this role. Since the abolition of the Panchayat
system in Nepal 12 years ago, attempts have been made there to achieve a
working democracy. Unfortunately, it seems to be a general consensus that
the democratic system has been let down by those charged with the
political leadership of the country, who have displayed a self-interest
and a lack of foresight in the realization of party programs, which has
only entrenched the poverty of the significant majority. This has in turn
been a real boon to the Maoist communist revolutionary movement whose
numbers have been swelled by disenfranchised peasants and disillusioned
students.
It must always be remembered that Western democracies as we know them
have reached this state after centuries of historical development, usually
involving revolutionary bloodshed. It is perhaps unrealistic to expect a
semi-feudal society like Nepal to transform itself into a modern Western
democracy within a short period of time. Realistically, a government based
on democratic elections where political parties espouse political
philosophies which capture the imagination of the electorate cannot exist
in a society where illiteracy is all-pervasive, where women are largely
downtrodden and which is beset by the particular problems of an entrenched
caste system. The reality is that unless the blight of poverty is
substantially removed, education and employment are available to those who
desire it and the endemic corruption is substantially eliminated, the
pre-conditions for a truly democratic system cannot exist.
In any democratic civil society, of course the separation of the three
levels of government is fundamental. Thus, the Executive must follow the
directions of the Parliament and the Judiciary must be truly independent
and able to ensure that all are held accountable under the law. With the
doctrine of lese majeste which exists in Nepal in such an entrenched
manner, one queries whether there is even a true understanding of the
doctrine of separation of powers. Equally significantly, civil society
requires an independent media which can report freely on all aspects of
government and society. The Fourth Estate (as the media is known) thereby
holds accountable government, business and society at large.
Further, in a modern civil society, the legal profession plays an
important role in ensuring that the civil and human rights of citizens are
protected from the tyrannical and unjust actions of those who have power.
Non-government organizations (NGOs) also play a significant role in
ensuring the transparency and accountability of government and providing a
voice for sectional interests within the population. Working with
international NGOs, domestic NGOs in the aid or the human rights sectors
can assist the betterment of society in conjunction with government,
complementing the work which government is expected to undertake for the
benefit of its citizens.
Since the Second World War, the international community through the
United Nations has seen the development of broad human rights standards.
The Universal Declaration of Human Rights of 1948 provides the motherhood
statement that sets out these standards and various international
Conventions provide the meat around this skeleton. Significantly, the
International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights provide a framework of
standards that governments must adhere to in the interests of their
citizens. Other Conventions protect the rights of women, the rights of
children and the rights of minority groups and indigenous peoples. For a
country like Nepal with its multitudinous ethnic, racial, religious and
cultural groups, the theme of "unity in diversity" applying
these standards is an ideal which should be aspired to.
A significant development in recent years has been the creation of the
Asia Pacific Forum of National Human Rights Institutions. The creation of
the Nepal Human Rights Commission some years ago was important and ought
to be applauded. Its membership of the Forum will give Nepal the
opportunity to network with other similar institutions in the Asia Pacific
region to assist in its human rights development in a manner appropriate
to the needs of Nepal.
The declaration of state of emergency in Nepal portends badly for the
future of the country. In the 1970s and 1980s, many countries in the world
suffered under the burden of military dictatorships. Nepal should learn
from the example of other countries that the problems which it is
suffering cannot be solved by the granting to the military of greater
powers which inevitably will lead to further violations of human rights
and civil liberties. The experience of the Philippines under President
Marcos should serve as a severe warning. A military which had previously
respected the role of civilian government and played a support in its
protection, became militarized and this resulted in severe violations of
human rights in that country. Soldiers enjoyed the benefits that
involvement in Government brought, and were reluctant to relinquish them.
Only now, 15 years after the overthrow of Marcos, is the military
beginning to understand its proper role in society. A resolution of the
current serious Communist insurgency will not be found in entrenching
power in the military and law enforcement agencies, whose violence and
corruption have long been the subject of adverse reporting by for example
Amnesty International and the USA State Department in its annual human
rights reports.
As stated in the outset, Nepal suffers from its geography. With no
coastal border, it is significant that it is only a party to one
multilateral regional grouping, SAARC. The six other members of this forum
do not work harmoniously together and indeed it is almost a miracle that
it remains intact 20 years after its foundation. Nepal needs to look
further afield to other international groupings to find itself a home,
where concerned members of the international community can play a
meaningful role in assisting the economic development of Nepal. Such
development is an essential pre-condition to the resolution of the
country's problems which in large part fan the current political crisis.
The British Commonwealth is a group which most readily springs to mind.
Although never historically within the British Empire, Nepal nevertheless
has had close connections to Britain over the centuries not the least
coincidentally military through the employment of its Gurkha forces.
Equally significantly, its major South Asian neighbors are all members of
the Commonwealth. As a member of the Commonwealth, not only will Nepal
join a club of nations where there is a genuine concern for economic
development and democratic systems and an ability to obtain government to
Government assistance in development projects, but significantly, the NGO
movement in other countries of the Commonwealth such as Australia will be
encouraged to participate more actively with their counterparts in Nepal.
The ability to network to the benefit of Nepal is thereby obvious.
At the moment, it is hard to see who is that Prince Charming which will
enter on to the Nepalese stage to enable the nation and people of Nepal to
achieve their real potential. It is hoped that this article will give some
suggestions to those genuinely concerned with assisting in the recovery of
the country. As CHOGM commences, perhaps its leaders can give some thought
to assisting this suffering and beautiful nation.
DAVID BITEL
27 February 2002
David Bitel is the Secretary General of the Australian Section of the
International Commission of Jurists. He is also the President of the
Refugee Council of Australia and the Secretary of Australian Legal
Resources International Inc. He is a lawyer practicing in Sydney at Level
1, 338 Pitt Street, Sydney, telephone 02 9286 8700.
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