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RELIGIOUS PERSPECTIVES ON HUMAN RIGHTS
E-Newsletter
Vol.1 No.25
November 29, 1999
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Religious Perspectives on Human Rights is now available online at: http://www.rghr.net
Religious Perspectives on Human Rights is a weekly e-newsletter issued by Buddhist, Muslim, Catholic and Christian Groups on Human Rights, initiated by the Asian Human Rights Commission.
MALAYSIA : DEMOCRACY AT THE
MARGINS
AND THE OPPOSITION DESERVING ADMIRATION
Today, 29th November, the Malaysians
go to the polls. It is an election that has been rendered
undemocratic through a series of omissions and commissions
orchestrated by the ruling party. It turned out to be a snap
election for the opposition; but not for the ruling party which
has been rehearsing it for a quite some time.
It is an exercise that lacks legitimacy. The
main opposition leader is in jail. The State TV and the radio are
denied to the opposition while it is being abused and
over-utilized by the ruling party. No official monitors are
permitted. The brevity of the time, hampered the opposition from
a systematic campaign. Such authoritarian exercise of power
rendering lip service to democracy needs to be condemned in no
uncertain terms.
In the face of such brutal attacks on
democracy, and within such a short span of time what the
opposition has been able to muster against an authoritarian
leader is worthy of admiration. It fielded candidates in all
seats; used most effectively the electronic media, met the
mounting demand for their papers and publications and were united
in their campaign. HERE IS A DEMONSTRATION OF PEOPLE TAKING RISKS
TO SAFEGUARD THEIR DEMOCRACY and FREEDOM and as such deserve the
solidarity and the admiration of the world.
IMPUNITY AND THE VIOLATION OF HUMAN
RIGHTS IN NEPAL
Time to break the culture of Impunity IS NOW
says Mr. Yubaraj Sangroula - attorney at law
Impunity in violation of Human Rights has been
a culture of the Nepalese Government since the restoration of
democracy in 1990. The atrocities and brutalities committed
during the democracy movement is recorded as heinous. Lawyers,
journalists, human rights workers and people in general called
for proper actions against those involved in the violation of
human rights. The Malik Inquiry Commission, after investigation
of several incidents of torture, killing and other serious form
of human rights violation before and during democracy movement,
suggested several actions against culprits. However, the interim
government, comprising both the democratic and left forces
partnering in the movement, betrayed the people giving undeclared
amnesty to the culprits by indirectly denying the implementation
of the recommendations. In contradiction, many of the
culprits received promotions. This is how the despotically
nurtured civil and police bureaucracy come to control the
politicians.
The two largest political parties, the Congress
Party and Communist Party of Nepal (united Marxist and Leninist)
in particular, instead of taking actions against the culprits of
human rights violations, joined in a competition of attracting
the police and bureaucrats to support them in the process of
bringing the results of elections in their favor. This way many
notorious officers responsible for killing people in the previous
despotic regime and suppressing the democratic movement, found
safe shelter underneath the umbrella of political parties. A
significant number of them also snatched seats for elections.
This practice not only encouraged a culture of
impunity, but also generated a mentality among the civil servants
and police that "nothing could happen if torture is
committed or people are killed extra-judicially". This
mentality was not only nurtured indirectly by political parties,
but also effectively protected by them. Obviously, the torture
during custody continued as usual, disregarding the rights
safeguarded by the constitution, as it was protected by the
political parties. The politicization of the bureaucracy thus
geared up unabated. The police and bureaucrats achieved full
control over the ministers.
The culture of impunity got fully
institutionalized by the following actions of the governments in
the past:
*** The Malik Commission's validity was
challenged by the Attorney General of the first elected
democratic government. It was then thrown away as a useless
document. The culprits indicted by the commission not only
achieved the unconditional amnesty, but also continued in the
post with added power. This helped the reactionaries to hold the
bureaucracy disabling the ministers in exercising the democratic
power.
*** The Compensation Act to address the
torture came as "the outer teeth" of an elephant.
It made the torture punishable with fine, but exempted the
perpetrator to be liable for his/her action. Interestingly
enough, the Government was made liable to compensation without
any kind of punishment to the perpetrator. Hence, the victim
could be compensated for the torture and the perpetrator could be
promoted to a higher post. This was another serious form of
impunity against human rights.
*** Competition in withdrawal of the criminal
charges by the government was another serious example of the
impunity. The Government of Congress and UML declared 500
criminal cases withdrawn from courts at various levels. The
decisions for their withdrawal had not been supported by any
reason or justification. . This particular action generated a
gape of mistrust between the people and political parties. The
corrupt bureaucrats found it conducive for "breeding
effective control over political parties". The impunity then
became a culture in the context of Nepal. The custodial killing
of a worker in Nawalparasi is an obvious example of police
effectively controlling the minister and the government
These instances of impunity have direct bearing
on the issue of establishment of the Human Rights Commission. The
Governments never intended to introduce a bill for establishing
the Commission to conduct probe of torture and incidents like
custodial killings, extra judicial killings and disappearances.
It was enacted by the Parliament, but government effectively
ignored its responsibility to implement it. Eventually, the
Supreme Court had to issue mandamus to government requiring it to
initiate the process of establishment.. This indicates to
"something very unusual" concerning the government's
commitment to protection of human rights.
The extra judicial killings have been taking
place in the country in alarming proportion. Are all those killed
by the police, Maoists? Did all those killings take place
in encounters ? Who should investigate on these issues? This is
an unimaginable state of impunity, which subjects every citizen
to "potentiality of being killed in a pretext of
encounter" . The county is thus intentionally put by the
politicians in chaos and the democracy potentially in jeopardy.
The Supreme Court, which has been placed in the
constitution as a guardian to the fundamental rights of the
citizens, also failed in its responsibilities. Its exercise of
power in Habeas Corpus cases was positive, but execution of the
orders remained pessimistic.
The government has now taken up "lazy
steps" to establish the commission. A task force is
constituted to draft necessary "regulations" for
functioning of the Commission, including the regulations
concerning handling of the complaints and compensation. Although,
it can be well perceived that the internal conspiracy for making
the commission a weaker institution will continue. The
intellectuals, human rights workers and ordinary people must play
a role of watchdog in order to frustrate the conspiracy to be
hatched against the powerful commission. Therefore, there must be
conscious vigilance towards:
*** Political parties' intrigue to get their
men/women appointed as members. There must be alertness to
frustrate the design of filling the commission with political
"thugs".
***So-called Human Rights leaders, with
disguised political membership" should be effectively
debarred from reaching the commissionship.
***The bureaucrats may exert influence to
weaken the status of the Commission by putting hurdles and
obstacles in regulations.
Now this is a right time for breaking the
culture of impunity. This is also a right time to come out of
culture of silence. Lawyers should take lead in helping the task
force, keeping it in constant vigilance, to draft appropriate and
adequate regulations, thus empowering the Commission to take
active, efficient and accountable role in investigations of human
rights violation. Journalists should be conscious to foil the
conspiracies of weakening and politicizing the commission.
International community of human rights workers should take
prompt and active support in the process of drafting the
regulations and pressurizing the government to be honest to the
role of the "Commission".
CULTURAL PRACTICES CAN ENTAIL HUMAN
RIGHTS VIOLATIONS
Discrimination based on Sex
A recent report published by the World Bank
speaks of millions of Indian mothers and daughters suffering from
malnutrition and anemia. The report hints at a prevalent cultural
practice which may largely explain this phenomenon. It is
customary in many cultures, to adopt a preferential treatment
towards the male members in the family. This often translates
itself into unequal distribution where a bigger portion of the
food is being served to the males, the husband and the sons, with
the remainder going to the daughters and the balance, if any to
the mother.
Such a cultural practice may have had its
origins at a time when the roles of the males were perceived as
crucial for security and the supply of food. In tribal conflicts,
hunting, agriculture, commerce or in craft production the
contributions made by the male members were perceived to be
superior and in all probability combined with the male dominance
to exact privileges and a greater share of the produce. Some of
these social practices were further legitimised by the existing
ideologies.
It is perhaps time that some of these cultural
practices are revisited in the context of the present day society
so as to avoid certain deprivations or even denial of rights.
Given the universal acclamation of the equality in rights it is
nothing but fare that all females and males are treated equal
without any distinction. Given the equality of persons and the
right for life by everyone, no one can be denied or distributed
less of things that sustain life. This requires that equality be
maintained in the provision of food, clothing, shelter, health
care or the basic means of subsistence. The present custom of
unequal distribution of family inheritance also needs to be
re-examined from this perspective.
The discrimination based on gender has
repercussion at the level of education, where in certain
cultures, boys are given preference. Educating a girl child is
seen as a financial loss considering the fact that at the end she
would be joining another family. The Government of India, in the
face of this discriminatory practice, has provided free education
for girls up to the level of the universities. But there is much
to be done both in educating the parents and overcoming the harsh
economic factors that prevent children from attending school.
Besides, there are the prejudices similar to that of caste which
needs to be discarded if the rights of the girl child are to be
promoted. On this matter obviously the educationists, the church
leaders and the NGO community have an indispensable contribution
to make.
Posted on 1999-11-29
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