Observing human rights day in the backdrop of humanitarian crisis (Commentary)

Human RightsManoj Karki / Kathmandu: Like, every year, December 10 of 2015 is being observed as the International Human Rights Day to mark the day when the Universal Declaration of Human Rights was proclaimed in 1948. This first ever milestone document in the history of human rights remains equally relevant more than 67 years later, as many of its principles are yet to be realized for a large number of states.

The human rights day this year bears more significance as it is being also marked with the 50th anniversary of the adoption of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights adopted by the United Nations General Assembly on 16 December 1966. Together with UDHR, the ICCPR and ICESCR form the international bill of human rights.

At the call of the United Nations, the international human rights day this year is being observed under the theme “Our Rights. Our Freedoms. Always.” It aims to promote and raise awareness of the two Covenants while revolving around the theme of rights and freedoms including freedom of speech, freedom of worship, freedom from want, and freedom from fear.

On Human Rights Day, United Nations Secretary-General Ban Ki-moon has appealed to all to recommit to guaranteeing the fundamental freedoms and protecting the human rights of all.

In the context of Nepal, the newly promulgated constitution of the federal republic of Nepal affirms itself strongly to the international standards of human rights by incorporating the protection and promotion of human rights both in its preamble and the directives principles of the State. A separate article also provides for the National Human Rights Commission, also adding up with the National Women Commission and Commissions for the underprivileged and underrepresented Tharu, Muslim, Indigenous Nationalities and Madheshis.

The human rights situation in the ground in Nepal is however a far cry from what is envisaged in the international bill of rights and the newly promulgated national statute of the country. Ironically, the human rights situation of the country has worsened further since the country adopted a new statute, which has to some extent also envisaged economic, social and cultural rights for the people at large.

Taking over the new constitution and events that followed including obstructions on the border points and a blockade by India over the same, more than 50 Nepali lives have been lost with property worth millions of rupees destroyed. Nepal is now already on the verge of a serious humanitarian crisis, with the international community warning of dire consequences for the vulnerable population of the country if the situation persists any further. With supplies of vaccines and life-saving drugs running out stock in Nepal, the United Nations Children Fund or UNICEF has already warned that more than 4 million children below the age of five risked death or disease with winter already setting in early than normal in the country.

The latest violence in a spate of just about four months coupled with the economic blockade by the world’s largest democracy upon its tiny Himalayan neighbor serves as a double blow for Nepal, which faced a nature-made humanitarian crisis in the form of the devastating April 25 earthquake. Almost 9,000 lives were lost to the quake that is believed to have pushed almost 700,000 people into poverty. Rough calculations says the people being pushed to poverty by the current economic blockade by India could be even higher than the number inflicted by the earthquake.

With the new constitution, Nepal was looking forward to establishing economic and social rights for its population, after having led to some progress in the enjoyment of civil and political rights. However, a more important right seems to elude the Nepali population especially the poor and the downtrodden. Right to life, a birth right of every human on earth enshrined in Article 3 of the UDHR and Article 6 of ICCPR must be protected by law and no one should be arbitrarily deprived of his or her life. This deprivation of inalienable right of Nepalis comes with Nepali children being deprived their right to education, Nepali labourers’ right to labour, Nepali people’s right to business and trade, right to health, right to food and the overall right to be respected as an equal member of the international community.

And thus, as the international community today comes together to observe the 67 years of the UDHR and golden jubilee of the ICCPR and ICESCR, as a common achievement of the human beings, Nepalis will be in a dilemma on whether or not to join the celebrations as their life continues to remain in a peril due to dearth of essential medicines, food and fuel. On this very significant day in the history of human rights, every Nepali will instead be looking up to the international community including neighbouring India to respect and recognize their right to live, and live with dignity. RSS

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