New constitution has all components of progressive society and human rights: Pyakurel
Subodh Raj Pyakurel is a leading human rights activist of Nepal. Along with Informal Sector Service Centre (INSEC), Mr. Pyakurel has provided leadership roles to different national and regional networks. He has a wide range of knowledge and experiences in dealing with various human rights issues. He played a very important role in protecting the rights of the Nepali people during the royal takeover of the country.
Additionally, INSEC played a crucial role during the decade long armed insurgency for documenting all incidents of human rights violations. Sometimes human rights organizations are criticized as being close to one or other political party, INSEC has been able to maintain a non-political character in all human rights movement and documentation. As INSEC has been organizing various programs to sensitize people about the new constitution, we held an interaction with Mr. Pyakurel about the new constitution, the recent unrest in the Tarai and the role of civil society and human rights organizations for effective implementation of the new constitution. Below are the excerpts of the interview:
As a human rights leader of the country, how do you analyze the current human rights situation like tarai protest and undeclared blockade by India? (Is the tarai movement really meant for the rights of marginalized people or provoked by some forces?)
It’s not unusual that immediately after significant political change several expectation, anguish and revenge psychology emerges to the boiling points. We have witnessed such radical outbreak from several groups and communities in Nepal and elsewhere in the past. Just remember how several violent protests were opposing last minute deal in finalizing constitution in South Africa under Nelson Mandela’s towering personality. In India they had to arrest more than 130 senior leaders. Very much respected personalities like Dr. Ram Manohar Lohiya and Jay Prkash Narayan along with Communist Party of India boycotted the constituent assembly.
“Our concern is about hardship and forceful engagement of common people and children in the agitation. Schools and hospitals are closed. Ambulances are being attacked. There is acute shortage of life saving drugs, hospital supplies including oxygen and chemicals needed for patients undergoing dialysis. Unconcerned people should not be dragged and forced to bear sufferings.”
Indian blockade which is contradictory to several international and bilateral trade and transit agreements is naked proof of Indian hegemonic mind-set. Probably they thought that they can change people’s mind-set by applying embargo in the tune of Bhutan where when Indian government instilled embargo on Kerosene and cooking gas during pre-election period and spread message that Indian government is unhappy with the then P.M. of Bhutan, the then P.M. was badly defeated by his rival. Bhutani people thought that Indian anguish could finish them. But Nepali mind-set is quite different. It is quite evident that people stood firmly with the government and they have been raising voice to resist and confront external pressure. Social and all media, social groups and organized sectors including business community are in favor of nationalist stand.
Terai movement was badly misused by handful of leaders. First by intertwining culture of discrimination with constitution and then presenting constitution as magic game which could bless or curse. Our newly promulgated constitution has all component of progressive society, human rights, progressive realization, decentralization of power between local, provincial and federal governments. Nepal is the third country in the globe to guarantee equal rights to third gender.
If someone visits the preamble s/he will get the clear picture of the philosophy adopted by current constitution. So I must say that it’s confusion and restriction to wisdom which has created mess in Terai. The motive to exert pressure through Indian support and establish that in practice Nepal cannot become independent state.
Call for movement was totally violent, Targeted, Planned and Widespread. The leaders called on people to come with arms, attack police and government offices and throw and burn signboards of government institutions. The ultimate consequence was that 8 police were burnt and lynched. One 18 months old kid was gunned. One police was dragged out of ambulance and lynched while on way for treatment by agitators. Agitators were targeting police stations. And police was firing on the mob to protect their stockpile of arms. Agitators came out with sharp domestic weapons and baton (Lathi) and police resorted excessive use of force in several places.
At the end Madhesi groups decided to blockade the border. They are staging dharna (sit-in protest) at the border, pelting stone from Indian side of the border. In some cases media exposed how they were pelting stone from the roof of Indian police and how they are getting food and shelter in India. And Indian government blocked supply of gasoline on account of security situation in boarder. But they are sending other items. Only gasoline is restricted. And it is daylight truth that Indian and Nepali police are capable to handle the situation for smooth flow of transit.
The constitution is very flexible. Agitators or opponents could dialogue and argue inside the parliament. Majority group or the government has invited them 4 times for dialogue. The P.M. and other party leaders went to their door to door to invite for dialogue but they say first their demands should be fulfilled and their demands are ambiguous rather being presented by Indian media and officials visiting Nepal. Till now there is no single demand sheet presented by the Madhesi Morcha (Front).
Terai leaders have nothing to do with marginalized and or dalit’s issue. Rather the current ruling class will be losing their grip in politics. According to the provision of proportional representation the highest gain will go to Dalits in province no.2 accommodating 8 districts of Terai where almost 80% Madhesi reside. And in this province highest population belongs to Madhesi. The ruling class or upper cast madhesi who are Brahman, Kschetri, Yadava and Bhumihars are 4th largest group. For example there will be 110 proportional law makers. 55 will come from Terai. Among 55, 20 will come from Dalits, 11 from Tribals, 7 from Tharu and 6 from Madhesi 1, which is the ruling class and clan of Terai since centuries.
How do you rate the new constitution from the perspectives of human rights?
Besides principles there are provisions for the protection of human rights. Family property shall remain in the name of couple (husband and wife), any form of discrimination and untouchability even inside family and private life have been criminalized, girls and boys have equal rights on inheritance, Citizenship shall be availed in the name of Mother or Father, Foreign bride shall be conferred citizenship immediately after marriage. People shall be protected from effects of environmental degradation. Dalits shall get housing. Employment and education is our fundamental rights. Besides that to monitor guiding principles there shall be a parliamentary committee. But considering our current national capacity on economic rights there is a restriction clause that all these rights shall be guaranteed in 3 years of time. To study and recommend for upliftment of disadvantaged groups there is the provision of several constitutional commissions; Dalit, Women, Muslim, Madhesi, Minorities etc.
What role should the stakeholders (political parties, civil society, intellects and general people) should play for effective implementation of the new constitution which is the dream of Nepali people for six decades?
Every symptom needs treatment according to disease. Cultural disparities needs cultural treatment. Nepali human rights defenders have long been demanding that state, civil society, Media and educational syllabus should be synchronized to create national movement. Mere promulgation of laws do not work. Constitutional provisions and laws since decades criminalize acts of discrimination. But social behaviour have not changed significantly though it’s progressing. Social cohesion is increasing rapidly. Thanks to the intermingling of 3.5 million youths in foreign employment. The role of civil society would be to organize, unite and collectivize national campaign to progressively utilize new constitution and our international obligation to abolish all forms of discrimination in practical life of the people.
It is said that Human Rights organizations have been teaching people about rights not the duties so the country is in trouble? Do you agree or not and why?
I fully agree. This is the symptom observed everywhere. Human Rights defenders project the state as magic player having every capacity to resolve. Actually state is the composition of Citizen and Government. Previous draft had longer list of duties ranging from responsibility towards senior members of family to duty towards accountability. But current constitution has limited 4 components focusing on defending national integrity, sovereignty, to respect law, to protect national property and to serve the nation when appealed by state.
What role Human Rights Organizations like INSEC could play to bridge the gap between the state and protesting groups or tarai / Madhesh?
Our roles have been commendable at some border points to ease tension. We coordinated with business community, administrators, security and media from both sides, India and Nepal at the bordering areas. Our concern was to keep unhurt to the civilian life and aware agitators engaging children in the movement. All meetings between agitators, civil society and government were organized by our regional offices. Observation of agitation was made in collaboration with local civil society and concerns were publicly ventilated. We are still influencing the state to clear about the confusion with readiness to clarify, amend and or re-write to abolish ambiguity. We have been requesting agitators to read and define the constitution, understand that constitution is the philosophy of the nation and definition of the problem and vision. Laws are to be promulgated to outline action plan and they should follow the process of change inside the parliament. Well informed people only can suggest and support the changes. Hence we have been demanding that there should be transparent and live dialogue between disgruntled agitators and the state inside parliament to reach amicable conclusion for solution.
Most of the human rights organizations in Nepal are still involved more on civil and political rights.
Pyakurel during Human Rights monitoring.
Don’t you think this is time for working more on Economic, Social and Cultural rights and other rights like environment and climate justice? What is INSEC doing in this regard?
People utilize Civil and Political rights to identify all challenges including ESC rights and find amicable solution through collective effort. That is why we have been encouraging and supporting people to organize, interact and intervene for their rights. We have been working in solidarity with several specialized civil society and state entities. We are not experts on environmental and climate justice issues though we understand correctly that this is the most burning issue considering rapidly affecting daily life of our rural people. Draught, Landslide, shrinking grazing field, irregular rainfall etc. are hampering prospect of our national development. We are ready to support and cooperate others engaged in climate justice and environment protection.
INSEC has been playing leading role for the protection and promotion of human rights in the country (even during the challenging period of insurgency) but in recent days you are heavily criticized in social media, why do you think there is more criticism in recent days?
Current agitators are playing with long standing social behaviour of discrimination and planned strategy of confusion. For example they say that all rights of Madhesi are snatched by Pahadi (people from hilly area), now onward all children born by Indian mothers in Nepal shall be declared non-citizen, mothers who deliver children in Indian hospital shall not be given rights of citizenship to their children, Madhesi languages are declared void etc. If anyone asks with agitating common people, they say they do not know about the constitution but they do agitate because leaders have told them that only Madhesi autonomy in decision making can protect their dignity which has been curtailed by new constitution. No one is allowed to read the constitution. They have publicly declared that anyone studying the constitution shall be declared traitor. How can a 21st century constitution promulgated by 85% of cleanly elected representatives make a constitution which discriminates a larger community? There may be lacking in progressive realization, equity based justice. But until a constitution curtails people’s rights demanding justice, equality and intentionally blocks citizens’ effort to progress, there is no point of opposing. Moreover provincial governments are assigned to promulgate necessary laws to enlarge social rights and services. It is high time that all opposing parties should make clear plan of social change for justice and opportunity to develop as constitution is only a door to enter the path of progress. Constitution cannot act itself. It’s the role and duty of political actors to make sure that constitution is progressively interpreted and applied. The sense of hatred is adopted as a strategy, so supporters of the movement are bound to make false allegations. People at the ground are with us and we are very confident that truth shall prevail at the end.
Do you have anything to tell to our viewers?
Nepal is facing humanitarian crisis. In Kathmandu 65% of potable water is supplied by tankers and fuel crisis has invited immense problem in health, food and travel. At the doorstep of festivals people are facing unimaginable chaos. This is an opportunity for us to get rid of India’s involvement doing micro-management of our national discourse. We have the best examples from how we solved our problems of violent movement to getting rid of autocratic monarchy through highest standard of democratic process. We are equally conscious, aware and civilized members of 21st century. This is high time, time to test ourselves with confidence that truth shall prevail. We can do, we will do and we shall overcome through democratic process and ideals to find the truth and accept our lacking. One thing is sure, Indian dominance in Nepal is over for ever. Thanks to the crisis and few disgruntled leaders still involved in politics of confusion and conspiracy of standing on the feet of foreign power.
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