Indian Army Chief Visiting Nepal in March 2010.

Indian Army chief's Nepal visit preponed

http://www.nepalnews.com/main/index.php/news-archive/2-political/3233-indian-army-chiefs-nepal-visit-preponed.html

Kapoor's views on PLA integration do not reflect Indian govt's position: Indian Embassy

http://www.nepalnews.com/main/index.php/news-archive/1-top-story/3247-kapoors-views-on-pla-integration-do-not-reflect-indian-govts-position-indian-embassy.html

Merry Christmas and Happy New Year 2010

Dear all ,

Merry Christmas and Happy New Year 2010.

Wishes,

Sanjeeb

American President Visiting Nepal

In the most sensational form of its own as this news came out while in such a hot political ups and downs moment , the news cam out that president paying a visit to Nepal . Interesting rather than India he is giving more important to Nepal .
And just at this moment Mr Honourable PM Madhav Kumar Nepal is on China Visit . It is amazing and surpring that every time Before leaving Nepal Sood as Ambassador to Nepal visits seniors leaders of Nepal . Whats going on a political conspiracy since we never forget a fact that Nepal lies as Yam between India and China So called Big Rocks .
And Also Nepal is Strategically located at Important Place of South Asia .
Both India and China are Economic Giants of world .

My Favourite Songs by Lata Mangeshkar

My Favourite Songs

Jatiya Ganarajya Ka Samasya

Article by Dr . Sanjeeb Upreti

http://www.ekantipur.com/np/news/news-detail.php?news_id=304125

Khoj Yuva Netritoko

http://www.nepalishow.com/2009/12/december-17-khojyuva-netritwo-ko.html

The University of Northampton

The University of Northampton business School .
http://www.northampton.ac.uk/

WNSO Annual Report

1. Introduction
1.1 About WNSO-Nepal
Worldwide Nepalese Students’ Organization Nepal (WNSO-Nepal) was established in 2006 with the ultimate objective
of helping students achieve their full potential in the easiest way possible with the regional slogan ‘Quality Education
is Fundamental Right to Every Citizen’. WNSO believes that the future of country largely depends upon its people’s
education. Considering the students and youth as the ‘future of the nation’, this organization is coming at frontline by
carrying a mission to lead students for quality education and to enrol them into social transformation. It has exercised
since 2005 for few years to make public aware about the organization through various activities. It supports students
and has initiated integrated activities to project youth’s knowledge and skills to gain better experiences and to provide
higher output for nation building. It has been performing activities in various social awareness aspects, and advocacy
on contemporary youth issues, education counselling and training to students and youth. It’s becoming an esteemed
place and placement by its direct and indirect services through its activities. This organization places students at
front position of change and dissemination of knowledge for development. Under its uplifting recognition and its
services towards benefi ciaries, WNSO has extended its motto towards nation building like ‘social transformation
through better education, volunteerism, capacity building and mobilization of youth. WNSO-Nepal conducts varieties
of regular programs and trying to extend its service with institutional development.
1.2 Mission
Initiate global momentums of youth and students to attain prosperous society by advocating and promoting education
and social service.
1.3 Goal
Support all students to benefi t from quality education with help of students and knowledge workers; which endeavours
assure steps for nation building process from wherever they live.
4.4 Vision
WNSO would like to see students, government, educational institutions work together to make education accessible
to as many individuals as possible, which is their fundamental right. WNSO hopes to be consulted upon on any
educational matter as WNSO is predominantly made up of present and previous students. It can act as a strong
platform to express the views and ideas of students from all over the world. WNSO has been addressing various issues
mainly education as fundamental right of every citizens. As the organization is growing and gaining momentum, it
has expanded its scope from education to capacity building, leadership development, volunteerism and mobilization
of youth in nation building.
1.5 Objectives
• To create opportunities for poor and needy talented students by providing scholarship and relevant
supports in Nepal and Abroad
• To provide reliable educational guidance and career counselling to students and advocating for their right.
• To promote the knowledge sharing establishing the learning centres among pervious and present students
for social transformation and development.
• To support the government to secure the better education throughout the nation by creating meeting point
for Nepalese students studying around the world.
• To work on various academic, capacity building of youth and social service in association with likeminded
organizations.
2 Social transformation through better education, capacity building of youth and volunteer mobilization
1.6 WNSO approaches to achieve its Goals
1. Education ( i.e. National and International Scholarship, education support and so on)
2. Capacity building of youth
3. Youth counselling, advocacy and campaigning
4. Volunteering and internship opportunity
5. Community services and development
6. Communication and relevant Information to students in regards education system and opportunities to
study abroad
7. Partnership and coordination
1
2
3
4
5
6
7
Advisory board
↑
Executive Committee
↑
Promotional Committee
↑
Volunteer Coordination Committee
↑
General Members
↑
Volunteers
Working Committees: Scholarship Committee & Volunteer Coordination Committee
Others: Public Relation Committee, Publication Committee, Event Management Committee and Fund Raising Committee
1.7 WNSO-Nepal organization structure
Key focus of WNSO
Volunteerism
Better Education
Social Transformation
Capacity
Building of
Youth
Social transformation through better education, capacity building of youth and volunteer mobilization 3
2. Activities
In order to meet the objectives, following programs and events have been carried out during 2006 to 2008. The
completed channel of events/activities and their achievement are as follows:
2.1 Scholarships Supports
WNSO has initiated long term and short term scholarship program to ensure the
quality education in the form of National and International Scholarship Schemes.
Since 2006, WNSO has been providing scholarships opportunity to study at
international level. Besides, WNSO-Nepal supports needy school and college
students in the form of scholarships through the donations raised from the members
and volunteers. This organization is exploring additional opportunities for the students
of marginalized groups to provide scholarships in collaboration with private colleges
and universities.
WNSO has tried to elaborate large numbers of internal scholarship
scheme throughout the country, and external at international level.
WNSO is expecting additional supports and collaboration from
government of Nepal, like minded organizations and individuals as
well. This organization, as a mediator, also leaves space for the
individual personalities to satisfy the will-of-contribution by accepting
and channelizing the resource for such particular purpose. In this
regard, one of our objectives is to make it easy as much possible for
every student to achieve their full potential who have been unable
to gain education due to social hazards, poor economic condition
and communal ignorance regarding education. Without the provision
of education, a country will never prosper and develop; hence our
organization has determined to uplift the education standard.
2.1.1 WNSO Nepal Internal Scholarships
Students, who are brilliant, facing a real economic crisis, and are
from deprived family background, are the primary achievers of WNSO
Internal scholarships scheme. This scheme, although seems to be of
low monetary support, equally attempts to encourage through high
moral support to the target group of students. WNSO Nepal has been
initiating to provide scholarships to the needy Nepalese students
throughout the country.
A very deprived family background with great talent: Mr .Rajan
Kumar Chaudhary of grade IV (Care School, Gaushala Kathmandu),
a resident of Saptari district became the second achiever of WNSO
Nepal internal Scholarship Scheme. He was awarded with a education
fees support in grade IV with amount of NRs 4500. Further extension of his
scholarship depends both on his performance and the availability of fi nancial
resources with WNSO-Nepal.
Similarly fi rst internal scholarship was awarded to Govinda Shrestha,
inhabitant of Arunkhola, Nawalparasi at school premise in presence of
principal, guardian and students. He is an orphan young studying at grade
11 - economically a very weak deserves. He has secured distinction marks
in SLC and was unable to pay fees of higher secondary education due of
A glimpse of applicants attending written
exam of WNSO-ICON Scholarships
programme 2007
Mr. Rajan chaudhary (Grade 4) on winter.
2007
4 Social transformation through better education, capacity building of youth and volunteer mobilization
fi nancial weakness. WNSO Nepal sponsored NRs. 8000.00 (First instalment) at 13, Nov, 2007. After assessment of
his performance and utilization of sponsorship, WNSO will try to give continuity for grate 12 if fi nancial resource is
available.
2.1.2 WNSO International Scholarships
Worldwide Nepalese Students’ Organization –Nepal (WNSO- Nepal) has initiated to provide full education scholarship
for the students to study in UK through open competition under the WNSO-ICON scholarship programme under close
collaboration with ICON College of Technology and Management since 2006, later on with Queensland College,
London, UK.
2.1.2.1 Name list scholarship awarded students
S.N Name Address Study program Remarks
1. Smirti Pradhan Kathmandu Postgraduate Diploma in Management Studies
(DMS), feb intake 2007
2. Rajesh Thapa Syanjga HND in Travel & Tourism)
3. Sulav Raj
Kolakshyapati Palpa Program: Higher National Diploma (HND) in
ICT
4 Siddartha Mainali KTM HND in Business, Sep intake 2008
5 Subash Dhakal Biratnagar HND in Tourism and Hospitality Management
6 Narayan Sah Birgunj Postgraduate Diploma in Management Studies
(DMS)
7 Sabitri Poudyal Chitwan Postgraduate Diploma in Management Studies
(DMS)
8 Prakash K.C KTM Postgraduate Diploma in Management Studies
(DMS)
9 Smirti Basnet KTM Postgraduate Diploma in Management Studies
(DMS)
10 Bikash KC ‘’ Postgraduate Diploma in Management Studies
(DMS)
11 Kushal Malla ‘’ Postgraduate Diploma in Management Studies
(DMS)
12. Bina Thapa KTM ACCA, Feb 2008 Queensland
13. Ritu Prajapati KTM HND Business
14. Biraj Bhandari HND Business
15. Suvash Dahal Gorkha HND in Travel and Tourism
16. Bikram Maharjan KTM HND Business
Social transformation through better education, capacity building of youth and volunteer mobilization 5
CDO of Kathmandu district offi ce and Mr. Tom Vickers
on the desk, center with President and General Secretary
of WNSO- N) on scholarship distribution program,
March 2007
One of the scholarship winners, Ms Smirti receiving
WNSO –ICON scholarship award certifi cate by CDO,
Mr. Thaneshwor Devkota, 2006
Mr. Tom Vikers, advisor of WNSO-UK delivering the
speech on awarding programme, Kathmandu, September
2007.
Winners of Scholarship, WNSO, September 2007.
WNSO Nepal Secretary General delivering welcome
speech on International Youth day WNSO-ICON
awarding program, 2007
Professor Nurun, Principal of ICON College of
management and technology on WNSO_ICON
scholarship awards program
6 Social transformation through better education, capacity building of youth and volunteer mobilization
2.1.3 School support
WNSO-Nepal in coordination with WNSO UK, has also initiated
supports to community based educational institutes for infrastructure
development. Seti Devi primary school, Humpakhar VDC-3,
Sindhupalkchowk, was selected as the fi rst school supported by
WNSO Nepal. WNSO-Nepal donated sum of Rs 25,000 to this
school for construction of the rooms on 6 March 2006. It was
established by Public effort in 2034.Since the establishment it has
been facing several problems to run properly. The community and
local children become direct benefi ciaries of this support.
2.2 Program on capacity building of youth
The emerging young generation from the rural/urban areas and the
least developed regions of Nepal, an enthusiastic generation for
nation or future of Nepal to provide country a prosperous shape,
are under dilemma due to lack of various skills essential to face
the competitive age of 21st century. Without such skills, a nation can’t expect higher output from them to upgrade
towards prosperity. Holding such consciousness youth are searching for various skills. To quench their thirst of such
skills WNSO-Nepal, a non political and not for profi t organization, organized a life skill development workshop to
scan positive behaviour in trainees. We found every individual being enable to deal effectively with the demands and
challenges of everyday life.
Simply speaking, life skills are innumerable. If we observe its nature, we may easily fi nd it being circulated by the
impact of societies, circumstances in which an individual lives. There are core set of skills initiative for the promotion
of the health and wellbeing of children and adolescents. It is hard to fi nd defi nitive list of life skills applicable in day
to day life. However, the interpretive terms of life skill includes psychosocial to interpersonal skills. Signifi cance
of these skills becomes prime cause to value life skill as most important subject in life. The choice of different
skills will vary according to the topic and local setting or conditions. Though the list suggests these categories as
distinct from each other, many skills are used simultaneously in practice. For example, decision making often involves
critical thinking (“What are my options”) and values clarifi cation (“what is important to me?”). Ultimately, the interplay
between the skills is what produces powerful behavioural outcomes, especially where this approach is supported by
other strategies such as media, policies and health services.
2.2.1 Life skill development training programme
WNSO-Nepal conducted the orientation workshop on 11th to 13th Jan 2008. The main target of the program was to
address the burning needs of youth with the help of life skill knowledge: goal setting, dreaming, planning and making
strategies to achieve them. All together 29 participants took part in the training. The participants were from different
backgrounds and regions. We could easily analyze their satisfi ed mood after achieving such pragmatic knowledge
in 3 days workshop. Finally, training remained as a fruitful example for the organization to strengthen its volunteering
aspect. WNSO-Nepal, well considering to the craze of youth for such skills, is obliged to precede such trainings with
high care in future too.
The experienced resource persons: Mr Sudeep Shrestha, Mr. Ramsharan Poudel and Mr. Hari Khanal under leadership
of Mr. Binaya Basyal facilitate the program. Similarly, guest facilitator Bachchu Ram Basnet and Mr Nara Bahadur
Karki, freelancer also shared experiences on how to think positive and highlighted on the Buddha Philosophy towards
Life; and participants were provided extensive support to the 3 days long programme.
A glimpse of support program to community
school at March, 2006.
Social transformation through better education, capacity building of youth and volunteer mobilization 7
8 Social transformation through better education, capacity building of youth and volunteer mobilization
1. Participants in training session 2. Participants during closing ceremony
3. Delivering session 4. One of the participants in entertainment session
5. Participants practicing a game about team building
6. Guests on closing ceremony 7. Guest facilitator Mr. Bachchu Ram Basnet, Pro. Dr
Hemanga Dixit, Advisor of WNSO-N and Planning commission member Dr.Ramakanta
Gauro at closing session
Social transformation through better education, capacity building of youth and volunteer mobilization 9
2.3 ADVOCACY, CAMPAIGNING AND YOUTH COUNSELLING
2.3.1 Knowledge exchange programme among Gurus and youths
WNSO-Nepal at present is developing youth volunteers from students’ community
within and outside the country to work in social sectors and community that needs
a continuous reform as the 21st century proceeds forward. The organization is also
working for the national goal set by the country fostering peace .One of the crucial
sector in which WNSO-Nepal is keenly interested is Constituent Assembly preceding
for building an inclusive Constitution of the State with the representation of minority and
underprivileged and ethnic diversity. The Constituent Assembly Election would be a
historical event. That is a new experience for every stake holders of the country. Youth
of nation are the change agents and social engineers, all the hopes lie with the new
and emerging generation of youth. The very energetic young people are channels for
the development work. Constituent Assembly Election would favour transforming the
country from present state to concept of New Nepal with a new constitution built with
consensus among the elected representatives from particular communities and from
different political parties. Entire country would be decentralized in federal structure;
the traditional administrative practices in the unitary system need to be replaced by
the concept of federalism. Hence in this situation of the political vacuum, efforts of the
educated youth must be unidirectional towards making a favourable policy, law and
order to ensure the end of impunity created during a decade long confl ict, a very painful poverty, unequal practices among the so called upper
caste and lower caste system, geographical discriminative conditions due to lack of social expertise.
Invited resource person and guests shared their views at WNSO programme and well explained the importance of
youth energy in nation building process and also thanked WNSO at least for the initiation of good events in practice.
Prof. Abhi Subedi also added that how students can be a crucial model for the development of the nation by employing
their energetic efforts. He analyzed current situation regarding the fortune and potential political disturbance of the
country. Youth have sacrifi ced their life to stand up with a golden history, but unfortunately, nothing has achieved yet
to represent what they dreamed. Now, it is time for all the technical manpower in addition to the purely political fi gures
to participate in the political decision making episodes of the country, Prof. Subedi added.
In the program, constitution-expert Mr. Kasi Raj Dahal pointed out on the ongoing instability towards the Constituent
Assembly. He also explained the solution of the present obstacle faced by Constituent Assembly could be overcome
with the effort of the Nepalese youth. He also added that our political leaders are not heading towards the construction
of New Nepal, rather they are experimenting the country as a Constitution Laboratory. To accomplish the constitution
assembly successfully, current leaders must demonstrate the quality of negotiation, responsibility and honesty. During
the program views were also forwarded by Prof. Dr. Sanjeev Upreti and Ms. Geeta Pathak, human right activist and
senior lawyer.
2.3.2 Inter college speech competition program
Entitled on topic "Role of Youth in constituent Assembly” Kathmandu Valley
Level Speech Contest was held on 7th October, 2007. Primary objectives
of this programme were 1) to disseminate and create positive message of
Constituent Assembly Election to the urban youth and seek there direct
and indirect supports and contribution for the success of such polls. 2) To
encourage the youth volunteers in transformation of their energy in national
building and bring positive change in their thinking. The competition was
focused on the youth belonging to student class pursuing their academics
in different stream such as Science, Management, humanities and social
sciences, Commerce, Engineering, Medicine, and Agriculture etc. The age
group of students range from 16-24 yrs. It is very common that urban youth
Prof. Abhi Subedi at WNSO-Nepal
programme, ‘08
This program was coordinated by
Mr. Sanjeeb Sangarula, EC member
of national committee. Similarly,
Ms Loona Gurung, Ms Sita Pun, Mr
Shyam Prasad Dumre, Mr Puspha
Nidhi Gautam, Mr Dipesh Dulal, Mr.
Tilak Prasad Bhattarai, Ms Roshani
Shrestha, Ms Swechhya Sangroula, Mr.
Sandesh Shrestha, Mr. Prashant Raut
who have been actively supporting
through volunteering.
10 Social transformation through better education, capacity building of youth and volunteer mobilization
due to lack of advice and counselling keep less interest in such national issues which is not a good indicator in long
term , where as possibility of becoming effective leader exist for them as well.
This competition was organized with the view of developing the eloquence of the youth and to create a forum so
that youth can reveal their talents in their real life. Constituent Assembly has been the national agenda and this aims
to promote the youth's interest in this agenda. Obviously, the constitution going to be framed after the CA elections
would be indispensable for the new resurgent Nepal and we strongly believe that the youth participation must be
large to give shape of NEW NEPAL with dynamic visions. Hence, it is necessary to disseminate awareness on this
national agenda among the youth and we hope this program will help to raise awareness among the youth as well
as other all concerned.
2.3.2.1 Name-list of Participants
S.N Name of Contestant College Represented Position Secured
1 Prateek Bhandari SOS 1st
2 Marshal Kumar Oli ASCOL 2nd
3 Rajendra Pokhrel Ratna Rajya Campus 3rd
4 Sandesh Shrestha Kathmandu School of Law (KSL) 4th
5 Amrit Banjara Kantipur College of Medical Science
6 Baburam Kafl e Kailashkut Multiple College
7 Pradeep Bhusal NIST
8 Tej Kumar Sharma Tri-Chandra College
9 Sushil Nepal Brilliant College
10 Binod Kumar Lamichhane Nepal law Campus
11 Shova Khanal Shankardev Campus
12 Manohar Khadka Pashupati Multiple College
Before the announcement of the results by the Jury members, Ms Geeta Pathak (Senior Academician and Human
Rights Activist) delivered a message that such program would not only be competition rather a commitment for
nation building. She highlighted an importance of such issues among the youth members and appreciated on active
participation of youths in such program. Mr .Rudra Prasad Kharel (Reader, TU ) on behalf of jury team deliver the
importance of language and linguistic skills that a speaker needs while delivering speech.
Mr Prateek Bhandari of SOS HERMANN GMEINER HIGHER SECONDARY SCHOOL SANOTHIMI SECURED
1st Position with a Cash Prize of Rs 10000/-(Rs Ten Thousand only ). Mr Marshal Kumar Oli of Amrit Science
college, Lainchour secured 2nd position with a cash prize 5000/- (Rs Five Thousand only). Similarly Mr .Rajendra
Pokhrel of Ratna Rajya College, Pradarshani Marg secured 3rd position with a Cash prize of 2500/- (Rs Twenty Five
Hundred only). Mr .Sandesh Shrestha of Kathmandu School of Law (KSL) secured fourth position in the contest with
a consolation prize.
Social transformation through better education, capacity building of youth and volunteer mobilization 11
2.3.3 Campaigning of CA poll in community
Efforts made by energetic members of WNSO-Nepal played immensely appreciable role to counsel the people of
remote area about the constitution assembly. Main purpose of the visit, beside the local product enhancement, was
to make the people aware about the role of coming CA election, which is considered to shape the future of Nepal.
Conduction of civic education and awareness program to local community of Palpa and Parbat district was one of
the most crucial step made by this volunteer organization. This program was supported by WNSO-Nepal, the team
comprised of four members, with minimum logistics. The team conducted the touched-with-time activities in the local
communities and performed the designed program with their effort with in 10 days.
Mr Prateek Bhandari,
SOS Bhaktapur, receiving
the fi rst prize of Speech
competition 2007.
Guests on desk from right Ms. Gita
Pathak, Mr. Kashi Raj Dahal, WNSOPresident
and Prof. Dr. Abhi Subedi
Jury Members on Kathmandu valley
inter-college speech 2007
WNSO Volunteers in the event
12 Social transformation through better education, capacity building of youth and volunteer mobilization
2.3.5 Information sharing
New entry of volunteers is rapidly increasing. WNSO-Nepal organizes regular programmes to interact with volunteers
and maintains give and take relationship with valuable suggestions. Besides, it becomes WNSO-Nepal committee’s
responsibility to update them with plan and activities. Even the expectation of new concepts from volunteer is high.
For the promotion of such concepts, WNSO is obliged to organize such interaction programs frequently. Most often,
during the course of different activities it becomes easy for all to interact, however, WNSO considers for new updated
and innovative strategies to achieve the mission. For that such programs become highly effective, during the program
we even weave the new strategies and discuss over the issues.
All participants have shared the interests, experiences and their commitment toward the expansion of WNSO mission,
its recognition and to contribute for promotion in coming days. WNSO has committed to orient them fully with new
plans and targets and commence with new roadmap to go ahead. WNSO Web based Forum: Chautari, all shows its
commitment to make it more informative and more fruitful.
Team member, Prasant Raut with students in palpa Team leader, Sajeeb Sangaura in parbat
2.3.4 A glimpse of interaction on “Issue of Nepalese Students Abroad” at Martin
Chautari, 2006
WNSO Nepal presenting the paper and interact with students participating on interaction Program, 2006.
Social transformation through better education, capacity building of youth and volunteer mobilization 13
Volunteers on the Interaction program (2007) at WNSO
Nepal offi ce.
WNSO-Nepal interaction (2008) with students of PK
campus, T.U.
2.3.6 International youth day celebration
Tribhuvan University Vice Chancellor Madhav Prasad
Sharma (centre) addressing international youth day
celebration and scholarship distribution program
2007
Participants at International youth day celebration
program 2006.
14 Social transformation through better education, capacity building of youth and volunteer mobilization
2.3.7 WNSO Nepal Best Volunteer Award 2007
‘WNSO-Nepal Best Volunteer Award’ can be taken as the most signifi cant step
to enhance the volunteers’ qualities, skills and dedication. It can be taken as
an incentive award towards volunteer to re-energize them, and to make one
model and letting others the way to follow. WNSO recognizes the value and
need of this award to associate volunteers’ in incessant manner to provide
better output for social transformation and nation building playing with their
energy, concepts and will-to-do spirit. Organization has been selecting its
volunteers by assessing the dedication. Best volunteer award of 2007 was
awarded to Mr. Yadav Bhattarai during the celebration of international youth
day (12 Aug 2007).Similarly, Mr. Arjun Subedi has been declared for best
volunteer award 2008.
2.4 SOCIAL SERVICE AND COMMUNITY
DEVELOPMENT
2.4.1 Blood donation programme
Nepalese people have been facing a real crisis of blood and blood products
throughout the country. Blood transfusion can be a life-saving intervention for different conditions such as surgery,
accident and other bleeding conditions, delivery cases and for the treatment of many diseases. Public participation
in blood donation is increasing but in the mean time the demand of blood is increasing more rapidly. Needy patients
who are struggling in between life and death are not receiving necessary blood to support for their life threatening
situation. Many people are not being survived, simply due to the lack of blood, despite the utmost efforts of clinicians.
And the ultimate outcome becomes death. Therefore, keeping in view of its importance, WNSO-Nepal has decided
to compensate this lacking by organizing episodes of blood donation camps as a part of social activities and tries to
give insights of youth volunteerism through such events in Nepal.
Above mentioned programs are very essential to fulfi l the lack of blood and blood components during the actual
patient’s need. This program helped to create awareness/motivation among public (especially to youth) about the
importance of blood donation as a life saving campaign. Program being organized in a public place, will impart
knowledge about blood donation and its benefi ts. As a long term perspective, people recognize WNSO-Nepal as
a social organization through volunteerism in the social activities. Interested youth will utilize WNSO-Nepal as their
platform to serve the nation through volunteerism and others will replicate such activities for a good reason.
WNSO-Nepal as a social organization has expanded its activities towards blood donation, an esteemed humanitarian
endeavour. WNSO-Nepal has provided a platform for Nepalese youth to spread a message of volunteerism and to
develop a concept of youth-volunteerism in the country.
WNSO –Nepal Best volunteer,
2007 receiving an award from Vice
chancellor of T.U.
Blood donation programme (2006) collaboration
with Hirdaya Nepal, Kathford and Lions club at
Gausala, Kathmandu
WNSO-Nepal blood donation camp at
Ratnapark, Kathmandu(Jan,2008)
Social transformation through better education, capacity building of youth and volunteer mobilization 15
2.4.2 Health Check up program in orphanage home
Several children on street and in machinery houses living a sarcastic life with dark future. Government body doesn’t
seem paying required attention to such children for their fundamental rights. WNSO-Nepal with their expertises and
expenses considers for cooperation to such children in the way possible to secure their basic rights. WNSO-Nepal is
making efforts to draw the attention of government on such critical issues.
3.3.3 Health Camp programme
Several poor people from backward and deprived communities are not aware about their health due to ignorance.
Even children on street and in machinery houses are living a sarcastic life with dark future. Government body doesn’t
seem paying required attention to such children for their fundamental rights. WNSO-Nepal with their expertises
and expenses considers for cooperation to these children, ignorant people in the way possible to secure their basic
rights.
WNSO Nepal Health Check up program in orphanage home (2007).
WNSO Nepal Health camp for child labour in Kathmandu (Aug 12, 2006).
16 Social transformation through better education, capacity building of youth and volunteer mobilization
2.4.4 Honour programme to senior citizens
Life is an echo...what you send out comes back. WNSO-Nepal, a volunteer based organization working in the fi eld
of quality education and nation building process, made a small effort to distribute clothes to elderly citizens. A charity,
cloth distribution program, was commenced for Elderly Home was successfully organized at 6th January 2008,
Sunday, in the premises of Pashupatinath Briddha Ashram, Kathmandu. About 286 elderly citizens were granted.
For this social and noble cause, WNSO members and volunteers were involved in collecting reusable clothes. New
shawls and blankets were also distributed to each of the elderly members of the old-age home. We were very
much aware that even a small contribution, by anyone from anywhere, makes the overall program successful. For
the estimation of the material-required, organization members and volunteers visited Pashupati and surveyed the
requirement. We were well supported by D2Hawkeyes, a software company, Kathmandu School of Law and Law
Students’ Society.
In the Program, WNSO-Nepal organized a discussion series with Offi ce Chief of BridhaAshram Mr. Basudev Deuja.
He provided the relevant information that government is not paying proper attention to address such issues. To
preserve their right we must make joint effort from the government and non-government institutions. He provided
facts about the woes and worries of the Briddha (elderly). He also shared how Pashupati Bridha Asram is able to
cope with the prospects, challenges and various legal and social issues which impact a lot in the elderly day to day
life. After a very intense discussion we came into conclusion that “elderly people are like other dignifi ed citizen who
are the citizen of the nation and must not be ignored at all”.
Since Nepalese Government does not have extensive health care policies for Elder Citizens living in "Bridha Ashram"
in the premises of Pashupati and at other centres in Nepal, it becomes everyone's responsibility to take care of them
for the sake of humanity. Main objective of this program was to relieve needy elderly people from the chilling cold,
which is, of course, a social service purely altruistic and sacred from every perspective. It is really challenging to cope
with freezing weather for the elder citizens. Most of them are vulnerable and there exist possibility of suffering from
rheumatism, asthma, cold, fever, etc. Therefore, such activities must be taken under consideration, WNSO believes.
'Today we are young; tomorrow we all will get old. Let's realize how they feel while living in "Briddha Aashram" away
from their loved one.
2.4.5 Research and community study
WNSO-Nepal enhances the interested and enthusiastic students and youth, if they have skills, to project their
creative and practical skills. In this regard to lead the nation towards prosperity focus was made on research for
the social, political and economic activities in context of Nepal. Under the authorization of the organization, study
and understanding of prospects for future investment and local industrialization etc were made by some energetic
members; along side, they played immensely appreciable role to counsel the people of remote area about the
Social transformation through better education, capacity building of youth and volunteer mobilization 17
Constitution Assembly as well. Main purpose of the visit, beside
the local product enhancement, was to make the people aware
about the role of coming CA election, which is considered to shape
the future of Nepal. Conduction of civic education and awareness
program to local community is one of the frontier step made by this
volunteer organization.
This program was supported by WNSO-Nepal, the team comprised
of four members, with minimum logistics. The team conducted the
touched-with-time activities in the local communities and performed
the designed program with their effort within 10 days. The team had
departed from Kathmandu on 7th March 2008 for backward areas
of Palpa (Heklang, Gejha VDC) and Parbat (Phalebas, Devisthan
VDC) districts, and arrived at Kathmandu on 16th March, 2008.
Hope for the supports by WNSO seems accomplished with higher
outcomes. During the course of trip, we can extrovertly observe the
relational development with local communities; donation of books, materials and other resources to local libraries and
schools. Interaction with local social workers, political leaders and community activists helped to study and understand
prospects for future investment to
promote local industrialization.
Team had further objectives to
socialize with the local people of
the communities and to interact
with them about the future goals for
the economic and social prosperity
of the community. Team was also
determined to focus upon the
prospective local resources for
the use and processing to ensure
the production and generating
the industrial outcome of those
resources. Further more, focus was made on objectives to understand the attitude and interests of the local
stakeholders to participate in such productive and economically viable activities.
6.6.6 Interaction on indoor air pollution among WNSO members and its
expertise
World environment is degrading
and world ecology being
disturbed by different sorts of
pollution victimizing the beings
severely. Awareness on interior
pollution is quite essential in
under developing countries
which are becoming cause
of life threatening disease
like cancers. WNSO-Nepal
always shows its readiness
to cooperate with different
organization to launch such
awareness programmes in
large scale through out different
parts of the nation and world.
WNSO members with community school
WNSO-N with community people
at Parbat, 2008
WNSO-N with students of public school at
Palpa, 2008
Mr. Han Heijnen, Advisor, Environmental
Health, World Health Organization
(WHO) delivering the knowledge among
students and WNSO members at WNSO
seminar hall, 2008.
President of WNSO-N in questionanswer
session with participants of
occupational health & environment
18 Social transformation through better education, capacity building of youth and volunteer mobilization
2.4.7 WORKSHOP ON WILDLIFE CONSERVATION
2.5.1 Fund raising, fun and enthusiasm
Along with educational support to the Nepalese students, WNSO Nepal has mission to organize volunteers and
mobilize them for several aspect of human, social and environmental activities. As per organizational motto of WNSO,
it organized volunteer camp on the occasion of World Wetlands Day carrying a slogan "Save the Nature: Save the
Planet". And the especial thematic manifesto of the Day was "Healthy Wetlands, Healthy People.
WNSO-Nepal held some formal programs to make our volunteers aware of nature, wild conservation, its importance
in human life and human responsibility towards it. After the completion of interaction program subjected to get ultimate
mission of the day, it also helped to promote environmental skills to WNSO youth volunteers. During the interaction
session, foreign students with great joy appreciated the program and wished for the better future of both organization
and volunteers.
All the volunteers valued the signifi cance of nature, and also became aware about the wet land. Their commitments
also helped to mobilize awareness in community. Newly joint volunteers got opportunity to shake hand with earlier
volunteers associated with WNSO-Nepal. They were also made to realize the value of volunteerism for rapid progress
and prosperity of country like Nepal. Volunteers presented over there also promised to go ahead to achieve ultimate
mission of WNSO-Nepal.
Volunteering organization like this has to bear several diffi culties to run properly with its basic agendas. Up to now
it has not any funding agency to support. However, ‘if there is Will-to-do, we can convert the aim into achievement’;
under this presumption with several ideas WNSO- Nepal contrives for fund raising programs.
Workshop on wildlife conservation and prevention of
wildlife crime at Conservation Chautari, collaboration
with WCN , 2008
Social transformation through better education, capacity building of youth and volunteer mobilization 19
Some of the glimpses of volunteers’ day Camp, 2 Feb. 2008
Along with the motif of fund raising, white water rafting program became good refreshment to all the active participants,
volunteers, well-wishers and even for organization itself to go ahead with high spirit initiating in spring. This program
became very fruitful in the sense that, fi rst, Participants got opportunity to observe natural heritage in country like
Nepal. Thereby one can easily guess the possibility for the tourism industry in Nepal. Secondly, WNSO got new
enthusiastic volunteers entry, side by side it became good platform to interact between new comers and existing
volunteers. Thirdly, its motif was to celebrate World Water Day, too, to awaken the people about such heritage
existing in country.
WNSO-Nepal found it essential to celebrate World Water Day to disseminate the knowledge and possible use of
water. This opportunity also became helpful for fund raising schemes with highly content fun. There have been about
80 members who participated in the program and rocked the event. Some new participants also showed their genuine
interest to know more about organization; and they were well communicated about WNSO and its objectives. Such
practices add matured experiences to follow the mission even in diffi culties.
20 Social transformation through better education, capacity building of youth and volunteer mobilization

Article by Prof . Dr Yubaraj Sangroula

What is unfolding in politics of Nepal would be disasterous for peace and Transition .
-By Prof Dr . Yubaraj Sangroula

The course of transition in Nepal has become longer and complex. The post CA political gimmick is in no way different to the past. Horse-trading in making and unmaking government has raised its head again. The present events in politics of Nepal will have devastating impact on making of constitution and transformation of conflict. The gradually floating gimmicks in and around political parties are playing crucial role in 'deforming' the political spirit and value the Interim Constitution has aspired for. Efforts from certain corner of international community have become dense to 'define Nepal as failed or failing state'. While the state of Nepal is not so alarmingly uncontrollable, why such propaganda is being hatched is not known.

In home, a quarter of so-called politicians (rather conspiracy makers) are intensifying the slogan of 'lokatantrik morcha' (democratic alliance). The slogan for 'morcha' may have a devastating consequence in the given fragility of the 'political equation' that Nepal is having at present. This movement will painfully derail the 'peace process'.

The divided politics will divide the 'constitution making process'. One should not forget to 'have reminiscent of the terrible past in which thousand of people have lost their lives and suffered pains. The plurality-based political system was not a choice of CPN Maoist. They have been brought at this point by a situation coupled by hectic political persuasion. Any attempt like formation of so-called 'lokatantrik morcha' will definitely have adverse impact on their going ahead with plurality-based political system. It would not be an intelligent idea to push them back into fight again. One should not make foolish scheme to uplift stone to drop on one's foot.

Nepal is in a strategic placement not only between two big national territories, geographically, but also between two different political systems. The formation of a 'political platform' closer in nature to the southern neighbor will automatically instigate or intensify the similar political platform closer to the nature the northern neighbor is practicing. Now the question is why the idea of so-called 'lokatantrik morcha ' is being floated in politics of Nepal in a time when country is in need of a deeper realization of the 'consensus-based politics' for achieving constitution and ending the painful transition.

Nepalese democracy has, constantly, been hit by the 'collaborators and conspirators' of the past regime. The report of the South Korean Human Rights commission has vividly explained how the democratic movement of the South Korean people had been contaminated by the former collaborators and the democracy had to shift to the hands of dictators repeatedly. The history of Nepal is hardly different. The first parliament of Nepal got dissolved by GP Koirala. The mid-term election made the way for UML to form a minority government, which is recalled by the people as the best government in the history of Nepal. It was, however, not allowed to run beyond nine months, and one can look back to find people, who played deeply designed role to get rid of UML's government. Many collaborators of Panchayat system designed gimmicks to 'defile' the democracy and made the way for revival of the absolute monarchy. Even during the regime of King Birendra, GP Koirala was not allowed to use military against Maoist and consequently he had to resign on that reason. Who had been active in those days to advise the king?

In politics of Nepal, the Congress and Leftist political forces have been repeatedly making mistakes in understanding of the people who had been utilized by the kings in Panchayti system. In 1990, the Congress and Left Alliance got united to fight against absolutism and, had, finally, been able to restore democracy. The people of Nepal felt extreme pleasure and happiness for this 'collaboration' and believed that together these two forces could transform backward Nepal into a prosperous Nepal. The collaboration, however, in few years turned into a political enmity. Nepali Congress brought the UML government down in a time when the Prime Minister was in hospital after a helicopter crash. The Congress felt comfortable to collaborate with players of the Panchayat regime. As a result, the Panchayati collaborators were brought into crucial political role within a very few years of 1990 popular movement. At some point, the Congress even decided to make him the prime minister of democratic Nepal. The UML, representative of the left force, made the same mistake. It worked with king's closer aids and it too preferred to make Lokendra B. Chanda as the prime minister of democratic Nepal without any hesitation.

This deterioration of democratic politicks in Nepal finally led the way to 'emergence of Gynendra' as an absolute monarch. This lesson is enough to learn for Nepali Congress and UML. Unfortunately, the history is now being repeated and the CPN Maoist too has become part of it by 'defining peoples like Kamal Thapa and Ramesh Nath Pandey ' as nationalists. It is apparent that one of the mistakes made by CPN Maoist's government while in power is the wrong advice of people it brought in from the group that constituted close aids to king Gynendra.

The past history is now rapidly unfolding. SB Thapa has some time ago proposed for 'formation of an alliance of 'loktantrik people'. He thinks that 'he is a democrat' and a quarter of the Nepali Congress and UML believe on that. So a platform on political philosophical understanding of SB Thapa is likely to take shape. The emerging polarization in Nepal will devastatingly impact the 'consensus politics' aspired by the Interim Constitution and the need of the nation itself. Polarization in politics will have impact on 'scheme of federalism' and many other aspects of restructuring too. It will also have terrible impact on the scheme of 'arrangement of Maoist combatants', in which the transformation of conflict is fully dependent.

In this context, let me make some propositions:

(1) Military force in any country is a professional body; hence no combatants can be assimilated in a national army until and unless the combatants are 'fully depoliticized'. It means that the government of Nepal must initiate process to professionalize combatants by training and other necessary courses. But political parties of Nepal have already made a mistake. They agreed to form a government under Maoist leadership before the issue of de-politicization of the combatants was agreed or talked about. While CPN Maoist made some efforts to detangle the combatants from the party, it did not fully transfer under the government. The result was, therefore, a party in government with national military under it and also with its own party military. This mistake was a common mistake of all political parties in the CA.

(2) In transition, the two military forces nurture utter dislike of each other as they have a history of fight face to face in the past. Obviously, in the integration process, each wants to prevail over the other. This circumstance generates 'suspicion' against each other. The gravest mistake in this course was to 'allow CPN Maoist to command Nepal Army too'. Both military should have been brought under the command of a "Committee" of the CA specially to be constituted for this purpose. The Combatants and Nepal Army both should have been governed by the "Military Committee" thus formed in the CA. This would have diverted the present situation of Nepal, and the peace process would not have been affected. However, none of the political parties gave consideration to this need.

(3) Instead of forming democratic and left alliances by political forces, they have to think in a way to facilitate the integration of the armies by consensus, and for this the 'CA is the only option left'. Some people argue that they should be handled by UN. This proposal will pose nothing but a problem. We already have widely seen the performance of UNMIN. Of course, such idea will generate jobs for so many people from so many countries, but eventually it will place Nepal in disadvantageous position. The political parties should, therefore, unite on the basis of agenda not on the basis of political ideological polarization. The responsible political leaders should strive for 'forming a powerful committee' in the CA to look after both the military until the new constitution is not promulgated and the issue of integration is fully addressed. However, this possibility is frustrated by those who don't like democracy in Nepal. This group comprises of former collaborators, extremists from both the left and right wings of politics, arms-mafias, and power mongers. The challenges are thus big.Top

(4) The formation of national government should not be based on distribution of 'ministerial berths'. It should be guided by the 'agenda' for transformation of conflict and ending of the transition as soon as possible. The CPN Maoist must think of 'not possessing the combatants' as if its private army, whereas the other parties should also give up a psyche that the Nepal Army is their only favorite. The peace in Nepal depends on 'logical address' of the integration of Maoists, and, to facilitate this process toward logical end, CPN Maoist should be ready to handover the combatants to the committee to be formed by the CA. The combatants should not carry any emblems that define them as Maoist army so that other parties would be able to treat the combatants as part of the prospective national army. It however doesn't mean that the 'children and non eligible people' will also find place in the national army.

Why this process is obstructed in Nepal? Obviously, some people are keen to lead the process to a deadlock and make Nepal gradually slide to 'a position of failed state'. One must not overlook that 'some people across the border are engaged in defiling the peace process in Nepal'. Definitely, there are people across the borders who, just for their vested interest, don't want to see accommodation of CPN Maoist in Nepalese politics. Inside the country, there are people who, for their vested interests, want to instigate enduring conflict and prove that CA is not a right solution. Inside the CPN Maoist, there are still people who have romantic dream of 'capture' of powers absolutely, which is nothing but a myth. They definitely can fight some more years, but eventually to loss. CPN Maoist failed to politically educate its ranks and files to accommodate in the changed context, and, hence, the turmoil is still going on everywhere. These mistakes should be addressed by the party itself. But those mistakes should not be made a basis for others to 'alienate CPN Maoist' from the political process. It is a political force, whether someone like it or not. It is a biggest party today in the CA, whether some one like it or not. To ignore its existence and size in the Nepalese politics will bring devastating effect on the peace process.

On the other hand, CPN Maoist also must realize that once they have come back to the political competition, they have to abide by laws made by their own involvement. They must respect the constitution and the principles of the rule of law. A separate rule by their ranks and files will not be acceptable to the Nepalese people. Those who have been running to materialize their political gimmicks for coming into powers by pushing the history into a corner will be facing contempt in history itself. They should, therefore, refrain themselves from pushing the country into a ditch of conflict again. The Nepali Congress and UML must deeply understood that 'CPN Maoist will be an absolute power if they fail to make themselves as viable political parties'. If they become able to grow well by winning the hearts of people, nobody can stop them being important powers in the country. Today, they are loosing their weights and intelligentsia not because they have no potentiality, but because they fight internally; they are greedy for the powers and they have not been able to stop corrupt people within and around them. Most importantly, the do not believe on their own disciplines and ideologies. Also, they have failed to be the hope of new generation. Hence, their survival starts by their ideological and conviction regeneration. Let us hope that they will emerge as viable alternatives to CPN Maoist democratically with conviction of working together with all. If they fail to generate hope of new generation on them, no powers in any parts of the world will secure their position in the politics of Nepal. I do have a faith and conviction that Nepali people will not let their nation become a 'failed state'. They will protect it. Why don't, then, we take the present scenario itself a 'potential' for new Nepal.

The Milestone Speech

Sai Baba - Holy Man and the Psychiatrist, by Samuel Sandweiss.)
[Editor's note. In this discourse, Swami speaks for almost the first time in a major discourse about his being the Avathar and proclaims his mission on earth: the establishment of righteousness.]
For the protection of the virtuous, for the destruction of evil-doers and for establishing righteousness on a firm footing, I incarnate from age to age. Whenever disharmony (asanthi) overwhelms the world, the Lord will incarnate in human form to establish the modes of earning peace (prasanthi) and to reeducate the human community in the paths of peace. At the present time, strife and discord have robbed peace and unity from the family, the school, the society, the religions, the cities, and the state.
The arrival of the Lord is also anxiously awaited by saints and sages. Spiritual aspirants (sadhus) prayed and I have come. My main tasks are fostering of the Vedas (Hindu scriptures) and fostering of the devotees. Your virtue, your self-control, your detachment, your faith, your steadfastness: these are the signs by which people read of my glory. You can lay claim to be a devotee only when you have placed yourself in my hands fully and completely with no trace of ego. You can enjoy the bliss through the experience the Avathar confers. The Avathar behaves in a human way so that mankind can feel kinship, but rises into his superhuman heights so that mankind can aspire to reach the heights, and through that aspiration actually reach him. Realizing the Lord within you as the motivator is the task for which he comes in human form.
Avathars like Rama and Krishna had to kill one or more individuals who could be identified as enemies of the righteous (dharmic) way of life, and thus restore the practice of virtue. But now there is no one fully good, so who deserves the protection of God? All are tainted by wickedness, so who will survive if the Avathar decides to uproot? Therefore, I have come to correct the intelligence (buddhi), by various means. I have to counsel, help, command, condemn and stand by as a friend and well-wisher to all, so that they may give up evil propensities and, recognizing the straight mark, tread it and reach the goal. I have to reveal to the people the worth of the Vedas, the Sastras and the spiritual texts which lay down the norms. If you will accept me and say "Yes," I too will respond and say, "Yes, yes, yes." If you deny and say "No," I also echo "No." Come, examine, experience, have faith. This is the method of utilizing me.
I do not mention Sai Baba in any of my discourses, but I bear the name as Avathar of Sai Baba. I do not appreciate in the least the distinction between the various appearances of God: Sai, Rama, Krishna, etc. I do not proclaim that this is more important or that is less important. Continue your worship of your chosen God along lines already familiar to you, then you will find that you are coming nearer to me. For all names are mine, and all forms are mine. There is no need to change your chosen God and adopt a new one when you have seen me and heard me.
Every step in the career of the Avathar is predetermined. Rama came to feed the roots truth (sathya) and righteousness dharma. Krishna came to foster peace shanti, and love prema. Now all these four are in danger of being dried up. That is why the present Avathar has come. The righteousness that has fled to the forests has to be brought back into the villages and towns. The anti-righteousness that is ruining the villages and towns must be driven back into the jungle.
I have come to give you the key of the treasure of bliss ananda, to teach you how to tap that spring, for you have forgotten the way to blessedness. If you waste this time of saving yourselves, it is just your fate. You have come to get from me tinsel and trash, the petty little cures and promotions, worldly joys and comforts. Very few of you desire to get from me the thing that I have come to give you: namely, liberation itself. Even among these few, those who stick to the path of spiritual practice (sadhana) and succeed are a handful.
Your worldly intelligence cannot fathom the ways of God. He cannot be recognized by mere cleverness of intelligence. You may benefit from God, but you cannot explain him. Your explanations are merely guesses, attempts to cloak your ignorance in pompous expressions. Bring something into your daily practice as evidence of your having known the secret of the higher life from me. Show that you have greater brotherliness. Speak with more sweetness and self-control. Bear defeat as well as victory with calm resignation, I am always aware of the future and the past as well as the present of every one of you, so I am not so moved by mercy. Since I know the past, the background, the reaction is different. It is your consequence of evil deliberately done in the previous birth, so I allow your suffering to continue, often modified by some little compensation. I do not cause either joy or grief. You are the designer of both these chains that bind you. I am the embodiment of bliss (Anandaswarupa). Come, take bliss (ananda) from me, dwell on that bliss, and be full of peace (shanti).
My acts are the foundations on which I am building my work, the task for which I have come. All the miraculous acts which you observe are to be interpreted so. The foundation for a dam requires a variety of materials. Without these it will not last and hold back the waters. An incarnation of the Lord has to be used in various ways by man for his uplift.
The Lord has no intention to publicize himself. I do not need publicity, nor does any other Avathar of the Lord. What are you daring to publicize? Me? What do you know about me? You speak one thing about me today and another tomorrow. Your faith has not become unshakable. You praise me when things go well and blame me when things go wrong. When you start publicity you descend to the level of those who compete in collecting plenty by decrying others and extolling themselves.
Where money is calculated, garnered or exhibited to demonstrate one's achievements, I will not be present. I come only where sincerity and faith and surrender are valued. Only inferior minds will revel in publicity and self-aggrandizement. These have no relevance in the case of Avathars. Avathars need no advertizement.
The establishment of righteousness (dharma): that is my aim. The teaching of dharma, the spread of dharma: that is my object. These miracles, as you call them, are just a means toward that end. Some of you remark that Ramakrishna Paramahamsa (an Indian saint) said that yogic powers (siddhis) are obstructions in the path of the spiritual aspirant (sadhaka) Yes, yogic powers may lead the spiritual aspirant astray. Without being involved in them he has to keep straight on. His ego will bring him down if he yields to the temptation of demonstrating his yogic powers. That is the correct advice which every aspirant should heed. But the mistake lies in equating me with a sadhaka, like the one whom Ramakrishna wanted to help, guide and warn. These yogic powers are just in the nature of the Avathar -- the creation of things with intent to protect and give joy is spontaneous and lasting. Creation, preservation, and dissolution can be accomplished only by the Almighty ... no one else can.
Cynics carp without knowledge. If they learn the Sastras or scriptures, or if they cultivate direct experience, they can understand me. Your innate laziness prevents you from the spiritual exercises necessary to discover the nature of God. This laziness should go. It has to be driven out of man's nature in whatever shape it appears. That is my mission. My task is not merely to cure and console and remove individual misery but is something far more important. The removal of misery and distress is incidental to my mission. My main task is the reestablishment of the Vedas and Sastras (spiritual scriptures), and revealing the knowledge about them to all people. This task will succeed. It will not be limited. It will not be slowed down. When the Lord decides and wills, his divine will cannot be hindered.
You must have heard people say that mine is all magic. But the manifestation of divine power must not be interpreted in terms of magic. Magicians play their tricks for earning their maintenance, worldly fame, and wealth. They are based on falsehood and they thrive on deceit, but this body could never stoop to such a low level. This body has come through the Lord's resolve to come. That resolve is intended to uphold truth (sathya). Divine resolve is always true resolve. Remember there is nothing that divine power cannot accomplish. It can transmute earth into sky and sky into earth. To doubt this is to prove that you are too weak to grasp great things, the grandeur of the universe.
I have come to instruct all in the essence of the Vedas, to shower on all this precious gift, to protect the ancient wisdom (sanathana dharma) and preserve it. My mission is to spread happiness, so I am always ready to come among you not once, but twice or thrice -- as often as you want me. Many of you probably think that since people from all parts of India, and even foreign countries outside India, come to Puttaparthi, they must be pouring their contributions into the coffers of the Nilayam (Prasanthi Nilayam: name of Sai Baba's ashram). But let me declare the truth. I do not take anything from anyone except their love and devotion. This has been my consistent practice for the last many years. People who come here are giving me just the wealth of faith, devotion, and love. That is all.
Many of you come to me with problems of health and mental worry of one sort or another. They are mere baits by which you have been brought here. But the main purpose is that you may have grace and strengthen your faith in the divine. Problems and worries are really to be welcomed, as they teach you the lessons of humility and reverence. Running after external things produces all this discontent. That type of desire has no end. Once you have become a slave to the senses, they will not leave hold until you are dead. It is an unquenchable thirst. But I call you to me and even grant worldly boons so that you may turn God-ward. No Avathar has done like this before, going among the masses, counseling them, guiding them, consoling them, uplifting them, and directing them along the path of truth, righteousness, peace and love (sathya, dharma, santhi and prema).
My activities and movements will never be altered, whoever may pass whatever opinion on them. I shall not modify my plans for the establishment of righteousness (dharmasthapana), my discourses, or my movements. I have stuck to this determination for many years and I am engaged in the task for which I have come: that is, to inculcate faith in the path of the highest spiritual peace (prasanthi). I shall not stop or retract a step.
Not even the biggest scientist can understand me by means of his laboratory knowledge. I am always full of bliss. Whatever may happen, nothing can come in the way of my smile. That is why I am able to impart joy to you and make your burden lighter. I never exult when I am extolled, nor shrink when I am reviled. Few have realized my purpose and significance, but I am not worried. When things that are not in me are attributed to me, why should I worry? When things that are in me are mentioned, why should I exult? For me it is always, "Yes, yes, yes." If you give all and surrender to the Lord, he will guard and guide you. The Lord has come for just this task. He is declaring that he will do so, and that it is the very task that has brought him here. I know the agitations of your heart and its aspirations, but you do not know my heart. I react to the pain that you undergo and to the joy that you feel, for I am in your heart. I am the dweller in the temple of every heart. Do not lose contact and company, for it is only when the coal is in contact with the live embers that it can also become live ember.
Cultivate a nearness with me in the heart and it will be rewarded. Then you too will acquire a fraction of that supreme love. This is a great chance. Be confident that you will all be liberated. Know that you are saved. Many hesitate to believe that things will improve, that life will be happy for all and full of joy, and that the golden age will recur. Let me assure you that this divine body (dharmaswarupa) has not come in vain. It will succeed in averting the crisis that has come upon humanity.

Quitting a Present Job: Motivation for Change

It really painful for everyone to leave the job especially the one in which you is a maiden one. But the reality is that when time comes everyone has to leave. This is a supernatural rules and nobody can deny this fact. What I believe is that you should not be the liar in whatever things you do. If you think you are not doing justice with the job and yourselves and if you are not satisfied with the way doing, we must leave. There are memory down the lane of past as you were doing the job. We share joys and memory at anything we do. Don't get hatred with your decision that you are quitting a job. Now you are ready for the bigger responsibilities and problems whatsoever comes in the picture. Be prepared for change start thinking rigorously and enormously. Nothing is permanent except the word change; there are hurdles and obstacles in the way you are going to walk. You might even fell down on your feet , experience it .People learn by the mistakes they make, starts thinking about your new life and the way it should go , because if you think you cannot challenge it , you are a loser , you have no rights existing for you at some point of time . You have to accept the fact and be prepared for a change that is going to come in the future. Always try to capitalize on the weaknesses you have and strengthen your strong skills. Works on it take your time. There are problem for those who quite the job and don't get the better jobs early but be passionate always be mindful, don't panic, start calculating the risk you have assumed and finally taken. Don't ever regret you have a way out only thing you have to do is search for it for some time, because there is popular saying on Nepali that (in the course of time if you search quite humlby you even accomplish GOD) (In nepali Khojayo Bhane Bhagawan Pani Bhetinchha) .Just nothing is impossible. Everything is possible but you should search reality and truth, truth is the beginning of this world and truth will remain forever. The very big question is how to prepare you for a search. Start with your intuitions and start believing in yourself, and ask a question to mind, am i doing what is justifiable or not, so start truthfully. If you think everything is gone after the job is gone you will stand nowhere. So searching is not the beginning of truth infact you had already started your mission so give continuity for that. And then start thinking differently if you want to accomplish something starts transforming yourselves from the state of confusion to state of clarity. Don't worry it will take time to get a clear picture even though the image is not clear at the beginning. It is up to your effort how much clarity you would get in the image. So start give continuity and effort are the essence of positive theory. Try to listen (not hear only) many peoples get ideas from them and ultimately execute it by yourselves. You are not a different person than any other people such as Mahatma Gandhi, President Kalam, Bill Gates Mother Teresa they all are human beings ...the differences is that they strongly believed in themselves from the begining. So Believing is Achieving so strongly believe on yourselves , though there are problems don't panic if you panic your image will again collect dust and again you put a lot and lots energy so this process is more energy consuming .You have to save energy don't give it more in the expenses list . Your scientific ideas are much more needed and you are more encouraged to think in scientific manner. Don't behave like a coward and listen to the mass at large you have got to give new innovative approach to the problems that exists in this world for you. If you look in the history you could find series of events which had taken place for e.g. French Revolution, Industrial revolution this was all possible and gained momentum because it was initiated by people like you and they were not different than you. You need a practice to materialize your ideas and dreams turns into a solid and transparent image so remember image is what you want to accomplish. Take out all the dust from the image so that it gets shining impact. IMAGE IS THE MENTAL PICTURE OF WHAT TO ACCOMPLISH The War of Mahabharata was fought for mission. So decides your mission get ready your warriors start preparing strategy.[1]
[1]

Winner for WNSO Full scholarships in UK programme for September 2009.

http://www.wnso.org.np/

Overview of WTO System in the context ofNepalese Economy


Prachanda Man Shrestha
October 26, 2008
Fifth Winter Residential School on Economic, Social, and Development Rights, and Good Governance


Background

Protectionism before the Wars
Post War Global Governance Steps
Bretton Woods Conference in 1944
IBRD (World Bank)
IMF
ITO (Not realized)
Instead of ITO, GATT formed 1947
GATT Reduced Tariffs and Trade Barriers Substantially


Global Trends

nWave of Globalization
nEconomic Liberalization
nReliance on Market Mechanism
nEconomic Interdependency
nComplementation and Collaboration
nConsumerism
nComparative / Competitive Advantage
nEconomic Use of Information Technology


Implications


nIncreased Movement of Goods / Services/ Capital /Information
nGrowth in Multinationals
nChanged State Role
nFormation of Regional Blocs
nSurvival on Knowledge Base
nIncreased Level of Uncertainty
nMarginalization Weaker Economies
nWidening Inequality
nAbsence of Level playing field


Emergence of WTO


nEighth Round of GATT Negotiation, Marrakesh Agreement in 1994 decided to establish WTO from 1 Jan 1995, with Objectives of:
•Raising Standard of Living / Ensuring Full Employment / Increasing Income / Expanding Production / Protecting Environment
nIntend to Benefit from Globalization
nAddress Marginalization of Weaker Economies
nAchieve Free trade by Fair trade
nBuild Multilateral Regime based on Bilateral
nFocus on trade with ramification to economy
nAccess to new Membership by Negotiation


Accession Process

nArticle XII under WTO is the only provision of new membership process.
nAfter establishment of WTO in 1995, 29 members completed this process.
nAccession process establish terms of membership as commitments/concessions
nAmong LDCs, Nepal and Cambodia are the 147/148 members completing this process
nProcess covers Bilateral Market access on goods and services, and
nMultilateral in Systemic issues


Nepal’s Accession Position


nDevelopment Needs
nFlexibility provided by WTO
nPolicy Space to Protect domestic producers, professional and workers
nDomestic reform opportunities
nDemand from Member States


Major Concerns

nLevel of Agricultural Tariff Binding
nMaintenance of De Minimis
nNon-commitment on agriculture Export subsidy
nRight of Doha Declaration on Public health and TRIPS
nRecognition of Enabling clause for existing Preferential Trading Arrangement
nTransition Period for Policy Adjustment
nTechnical Assistance for Capacity Building
nThreat to Domestic Industry from Import due to low Competitiveness
nRevenue Loss to Government
nEmployment and BOP implications
nSMEs’ special privilege
nFarmers’ Right to Seed
nFood Security due low productivity
nBio-diversity and Plant protection


WTO Key Functions

nAdminister/Implement Trade Agreements
nProvide Forum of Trade Negotiations
nEstablish Rules for Fair Trade
nHandle Trade Disputes
nMonitor Trade Policies of Members
nCo-ordinate Technical Assistance
nCo-operation with Other Agencies


Scope and Principles of WTO

§Scope :
§GATT / GATS / TRIPS / Plurilateral
§Principle:
§Non-discrimination
§Transparency
§Progressive liberalization
§Single Undertaking
§Practice:
§Most Favored Nation Treatment
§National Treatment
§Domestic Regulation
§Protection by Tariff
§Varied commitment from members
§Exceptions:
§Enabling Clause/ Free Trade Area / Public Morale
§Government Procurement / Health / Security /
§Environment / Trade Remedy Measures/
§Special & Differential Treatments


WTO Deliverables

nExtended Market
nCertainty and Predictability
nCredibility and Stability
nGood Economic Governance
nEstablish Trade Rights
nSafeguard Measures (Trade Remedy)
nFair Trade Mechanism
nSpecial and Differential Treatment
nTechnical Support for Capability Enhancement
nGSP and Preferential Treatment
nRule based Trading
nMember Driven Trade Rules
nDevelopment Justice


Major Agreements

nAgriculture
nSanitary and Phyto-sanitary
nTextiles and Clothing
nTechnical Barriers to Trade
nTrade Related Investment Measures
nCustoms Valuations
nRules of Origin
nImport Licensing Procedures
nMarrakesh Protocol and Understandings to GATT
nSubsidies and Countervailing Measures
nAnti-dumping
nSafeguards
nPre-shipment Inspection
nGATS
nTRIPS
nDispute Settlements
nPlurilateral Agreements (Trade in Civil Aircraft, Government Procurement, Information Technology)


Development Opportunities from Membership

§Address Limited Domestic Market Constraint
§Prospect of Large Scale Foreign Investment
§Comparative Advantage on Service Export
§Resource on Sectors of Competitiveness
§Import Consistency for Industrial Inputs and Supply Stability for Consumers
§Opportunity to Advocate Nepal’s Case
§Support Industrialization due to Liberalized Service Trade
§Transparency in Economic Governance
§Policy Stability and Enhanced Credibility
§Institutionalized Trade and Transit Rights
§Technical Support for Trade Capacity Building


Challenges

§How to Strengthen Institutional Capability to fulfill WTO commitments and abide Obligations?
§How to Address Supply Side Constraints to transform available market access into trade activities?
§How to Restructure Industrial sector to make it more Competitive?
§How to Avert marginalization of country as well as weaker sections of the society addressing Poverty by Trade?


Nepal’s Specific Concern on TRIPS


§Nepal's Concern due to debate of Non-clarity on Life Patent as per Article 27.3(b) on:
§Biodiversity
§Indigenous Knowledge in Bio-piracy
§High Agriculture Input Prices
§Access to Cheaper Medicine
§Protection Plant Variety
§Farmers’ Rights / Food Security


Precautions


§Compulsory Licensing- the license to use patent without consent of patent holder under certain circumstances
§Parallel Imports of patented products when they are obtainable in a foreign country at a lower price by Provisions be in National Legislation
§Benefit from Transition Period
§Doha Declaration giving transition to LDCs on Medicines by Jan 2016
§Hong Kong Declaration provided transition on TRIPS Agreement by July 2013
§Protection through Sui Generis System
§Plant Variety Protected by Sui Generis means “of its own Kind” that is according to national interests / local realities
§Protect Farmers’ rights of saving, exchanging, reusing, and selling seeds as they are their means of livelihood.
§Benefit Sharing and Access to Genetic Resources as provided by CBD


Some of the Strategic Recommendation



§Externalize to Benefit from the Opportunities of Global Integration
§Policy Reform for Open and Competitive Trade
§Safeguard to Mitigate Adverse Impacts of Globalization
§Focus on Niche with Intangible Values of Ethno-Culture-Heritage-Geography
§Benefit location of Fastest Growing Largest Economies
§Strengthen LDC Alliance for Negotiation and Benefit from Positive Discrimination of Global Trade Rules
§Encourage Business Stakeholders for Policy Advocacy
§Focus on Sectors of Comparative/Competitive advantage
§Establish Market Linkage with Multinationals
§Mobilize Donors for Capacity Building for Supply Constraints
§Economic Intelligence Strengthening Parallel Diplomacy

Inspiration

Dear Reader, Loving Sairam from the Heart2Heart team. How should our "farewell" be? Swami shows us what the sign-post will look like, if we lead our lives in accordance to His dictum.
Did you go through Part 8 of the article "Musings on Avatars" Click here to read it now.

Sai Inspires - 19th October 2008
If only people knew the path to permanent joy and peace, they will not wander distracted among the bye-lanes of sensual pleasure. When you die, you must die not like a tree or a beast or a worm, but like a individual who has realized that He/she is God. That is the consummation of all the years you spend in the human frame.
- Sathya Sai Speaks, Vol 3, Ch 11, Apr, 1963.
"When one approaches the Lord, even objective desires will be transmuted into higher spheres of purity. Nothing impure can stand the presence of the Lord" - Baba

With Love and Regards,
"Heart2Heart" Team.

Economic Social Developmental and Cultural Rights

5th Winter Residential School on Economic, Social and Development Rights, and Good Governance
16th Oct-7th Nov. 2008
Human Resource Development Training Center, Nagarkot, Nepal

PROGRAM REPORT


16th Oct. Inauguration Program

Day I

Kathmandu School of Law has been organizing residential program for students on economic, social and development rights and good governance since the last five years. The Inauguration ceremony of the 5th Winter Residential School on Economic, Social and Development Rights, and Good Governance (16th October, 08- 7th November, 08), was held on 16th October 2008 at Rastriya Sabha Griha with the release of compendium by Hon’ble Kedar Nath Upadhayaya, President, National Human Rights Commission, also the former Justice of the Supreme Court of Nepal and the Chief Guest of the Program. The program was divided into two sessions. The first session had cultural program where the students of KSL danced in Nepali songs and performed drama and sang songs. The main objective of this session was to give a glimpse of Nepalese culture to the foreigners who have come to participate in the program as participants and resource persons.

After the cultural program, the formal session of the day was commenced. It started with a welcome speech by Assoc. Prof. Geeta Pathak Sangroula, convener of the Extra Cirricular Activities, KSL. She highlighted that peace and justice could be achieved through respect of democracy and social justice. She further emphasized that UN and other agencies are mainly focusing on ICCPR and neglecting the need and importance of ICESCR .Therefore, this program aims to bridge the gap between these two sets of rights. She then concluded that this program would be very fruitful to all national and international participants willing to gain a deep knowledge on ICESCR and for those willing to work for the cause of humanity.

Highlighting on the objective of the 21 days residential school, Dr. Yubaraj Sangroula, said that it was a matter of pride to all the students and faculties of KSL that the ESDR School has successfully reached its fifth year and has been an international program. Further, he highlighted on the importance of ESDR Rights in developing countries like ours. He further said that democracy is not working properly in our continent, therefore KSL has initiated to popularize the ESDR which is very important and is very necessary than any other rights in Asian countries. He also suggested the participants and teachers to work hard and develop strong commitment to democracy, rule of law and justice.

The program then went on with taking the views of national and international participants of the 5th Winter Residential School. Mr. Madhusudhan Tamang, student of LLM.1st year, KSL was the first to share his views regarding the winter school on the behalf of all Nepalese Participants. He put forward the view that the winter school will be beneficial to understand about the provision of the ESDR in Nepalese constitution, which, at present, is provisioned only as conditional rights and as such, are without remedies, then, focused that right without a remedy is no right .He concluded by showing gratitude towards KSL for providing a platform for participants to enrich their knowledge through this program.

The next speaker in the row was Mr. Zhu Wei, a participant from China. Mr. Zhu said that he is enthralled by the beauty of Nepal and sincerity of the Nepalese. He thanked KSL for inviting the Chinese participants to Nepal and hoped to have very nice time learning in Nepal.

Prof. Zakir Hossain, Dean of Chittagong University, Bangladesh, who has been here as a resource person from the last 4 years, expressed that the participants have assembled here not for pleasure seeking but to enhance the knowledge. He emphasized that though Asian countries like Nepal, India and Bangladesh are rich in tradition, they are very poor in governance. People are starving for food. The gap between the income of developed and developing Countries is 117 times. He then highlighted on the importance of the winter school saying that this school is completely different forum for education. It is learning from inside, and it aims to mould and motivate all the participants so that when they return back after the completion of the workshop, they will work for humanity and human rights , fight together and make this world a better place to live in not just for the rich but for the poor well.

Mr. Bishwo Kanta Mainaly, President, Nepal Bar Association, the guest of honor of the program, said that the topic chosen by the winter school is the demand of the time. He opined that in a time where Nepal is making new constitution, we are to decide our fate on the basis of the new constitution; therefore, this program is expected to bring about better ideas for making the new constitution.

Attorney General of Nepal and the guest of honor of the program, Hon’ble Raghav Lal Vaidya, also emphasized on the importance of ESDR rights in developing countries where majority of the people are extremely poor. He was of the view that in a situation where people are striving to get food to eat, nothing can be as important as ESDR. So, ESDR should be guaranteed and the voice of the poorest should be heard. He further said that the winter school will definitely come up with constructive ideas to cope up with the current problem of developing countries regarding ESDR.

ESDR are very pertinent in developing countries to provide a proper place for all the people in society like ours which is divided in two broad groups-haves and haves-not, in a society where we still believe in things like touchable and untouchables, where we have a large bulk of marginalized communities. Therefore, ESDR should be taken as a right of humanity, good governance should be ensured as it is the core of rule of law and justice and necessity of a democratic society was the basic focus of the guest of Honor, Top Bahadur Singh, Executive Director, National Judicial Academy, also the Former Justice, Supreme Court of Nepal.

The program then had remarks from the Chief Guest, hon’ble Kedar Nath Upadhyaya, President, National Human Rights Commission, and former Chief Justice of Nepal. He highly appreciated the participants for taking interest in the ESDR which is the need of the time. According to him, though, lately some of the ESDR has been incorporated in part 3 of the Nepalese Constitution, a bulk of it is still left out and this program could a good initiative to voice for the incorporation of all the other ESDR in part 3 and this is the best time to talk for it as Nepal is on the verge of making a new constitution.

On behalf of KSL, Assoc. Prof. Mr. Hongkong Rana gave the vote of thanks to all the distinguished guests, participants, students and guardians for making the program a success by giving their time and reaffirmed that KSL will always support and work for the protection of Human Rights, Rule of Law and Democracy.

The program formally ended with the concluding remarks from the Chair person, Assoc. Prof. Madhav Pd. Acharya, who urged all the participants to use the winter school as an opportunity to learn, interact and commit to work for the society.


17th Oct.

Day II

Presentation on Socio-Economic Perspective of participating countries with special reference to socio-economic rights, legal framework and enforcement.

Country Presentation-Bangladesh:

The group highlighted about the constitution of Bangladesh and overtly the fundamental rights provisions were outlined. The presentators discussed about the approach of judiciary in enforcement of ICCPR and ICESCR. They stated that ICESCR are not directly implemented but instead interpreted in the light of ICCPR like-interpretation of right to environment is done by linking it with the right to life. They also put forward so me of the PIL cases in which these rights are respected. The overall economic condition of the country was presented, which was basically put forth as developing economy. The charts explaining the statistical data of education, poverty level etc. were shown. The basic crux of their presentation was that although the judiciary interpreted the human rights very broadly, the implementation part of the court directives, and interpretation of judiciary was the part lacking mostly. The presentations ended with a saying 'national courts should not straight away ignore the international obligations taken by the state'-Justice B.B. Roy Chowdhury.

Country Presentation- China:

The two member team started the presentation with the statement that China is basically a communist country. Although the ideology of the government is to provide work for all, there are still so many people in China with no work. There is also a great difference between urban and remote people. As in remote area, they lack facilities, there are 13 million people in China and 9 million people are farmers. Many people are ignorant about their rights. In village, there are no male members, but only women and children can be seen, because males go to the city areas. Problem regarding education is imminent because universities in China is growing very expensive, which is very difficult for remote area people to afford it. Problems regarding family system are also seen, for e.g. the one child policy is actually a harsh imposition. People who have more than one child have to pay extra costs and taxes over many things, which is making people to lead a very hard life. Corruption in China is very common. Corruption is not money for money but for relationship ('quansee'-in Chinese language). Chinese officers are corrupt also because they are offered very low salary. They have the opinion that if they are loyal and honest they have nothing to buy and very hard to survive. The younger generation is very much attracted to western culture. They know nothing or say very little about Confucianism and Chinese culture. That is why there is a problem in carrying out the Chinese culture. There is only one party communist party and even there are other small parties too but are not strong and powerful. Capital punishment is practiced in China. 3000 people are given capital punishment every year. There are two opinions regarding this issue. First is that capital punishment is necessary, and second is that it is violating Human Rights. Practice of 'kept wife' is another major problem in terms of the violation of human rights. However, the positive part in law is that, the married wife is being protected by legal provisions, and she can enjoy her specific set of special rights and get them enforced through the courts. The 'kept wife' is not recognized by law and does not get any kind of privileges. This can be viewed both positively and negatively. In China, law is not primary, it is only secondary to morality and the social forces. So, the social forces act more as a check-system to control the evils and human rights violations in China.

Country Presentation- India:

The presentation started with the highlights of the country introduction and the status of human rights situation. Both the ICCPR and ICESCR are equally important in the Indian constitution. ESCR are being included and many policies are being made in accordance to it. India has signed the UDHR. In the Indian constitution, ICCPR are ensured as fundamental rights, on the other hand, ESCR are as put forth under the chapter of directive principles of the state. The former are being protected and have remedies but the latter one is essentially remedy-less. However, it could still be said, that the directive principles are the basic guidelines for the making of law. Judiciary has a vital role in ensuring the ESCR. As ESCR are recognized, but there are no hard and fast rule for its implementation but this doesn't mean that the ESCR are being totally neglected. It has been protected through other measures and as regard to the capacity of the government. The provisions that are related to the human rights protection was enumerated and the power of the NHCR for the protection of the Human Rights was highlighted. The amendments that were done for the assurance of the Human Rights was highlighted. This rights was enjoyed by all the people equally like property rights was enjoyed equally by both male and female. They highlighted the steps taken for the promotion of Human Rights like check on sexual harassment, trafficking, child labor. The judiciary has played a vital role in promotion of Human Rights. More emphasis and priority are given to the schedule and vulnerable class in the constitution for their promotion and protection. In India ICESCR are only obligation but it is being ensured by linking with ICCPR for their proper enforcement e.g. right to food as right to life. So, in this regard judiciary has played a vital role in relating and recognizing these both rights in equal footing. The participants even talked about the Hindu philosophy and talked about the Vedas to highlight on the equality in treatment and humanity. Discussion also on the hindu philosophy was done in the presentation, as they are the core basis of the social structure.

Country Presentation- Nepal:

The team started their presentation with some statistical data to give a brief glimpse of the country. According to CBS report of 2007, the total population of Nepal is 26,427,399 amongst which, 81% of the people are engaged in agricultural farming. The caste system structure of Nepal was basically talked about and a conclusion was drawn that casteism has led to exclusion of overwhelmingly large number of people and because of the exclusion, the resultant effects have been mass poverty and injustice at a large level. The constitutional provisions regarding the socio economic rights were highlighted. Some relevant benchmark cases, like that of Man Bahadur Bishwokarma which is one of the remarkable case to promote social justice by abolishing the practice of untouchability. It was also put forth that after the People's Revolution II, the fundamental rights has been broadened, and many socio-economic rights have been incorporated by the Interim Constitution of 2006. They stated that the positive discrimination provision in the constitution is a positive aspect. They listed the different aspects of socio economic rights, that are protected legally in the various Acts, for e.g. Labour Act, Civil Service Act etc. in which provisions of provident fund, pension have been guaranteed. Nepal has ratified a total of 19 international instruments and among them 10 are related with ESCR. The team members also discussed about the drawbacks in Nepalese law regarding socio-economic rights, for e.g. lack of implementation of directive principles. In the end, they concluded with the remark, applicable in the context of Nepal, 'There is grass, but the cow cannot chew'. It means that although, ESCR are incorporated in the constitution, their implementation are not really being done.

Country Presentation-Sri Lanka:

A brief introduction of the country was given in the beginning. Sri Lanka is an island situated at the southern tip of India with the composition of Srilankan Tamils, Indian Tamils, Muslim and other minority. Tamil is the official language and English is the language of Business and communication. Despite long years of conflict, Sri Lanka has maintained democracy since its independence. It follows dualist theory. There are instances where Sri Lanka has ratified international conventions, for e.g. Convention Against Torture, Convention Against Trafficking o Women and Children etc. A set of fundamental rights were recognized in 1972 through Art. 18. One drawback of 1972 Constitution was that, it did not include enforcement measures. The right to life is not included as fundamental right. Art. 27-the directive policies of the state provides for the development of social, educational quality and welfare of public through social order. The state shall promote international peace, justice, and shall endeavour to ratify international convention-but cannot be brought to court in case of violation. This is a situation that has negative effect on ESDR of Srilanka. 1 million people were displaced during 2004 Tsunami. Many lost their lives, 100 houses and some 200 educational centers got destroyed and reconstruction is still on its way. People are poor, due to Tsunami, the poverty has increased. Art. 17 provides remedy for violation of fundamental rights. But, fundamental rights can be enforced by Supreme Court and the time limit is one month. The person has to go to the court within one month. It is a major drawback. HRCSL (Human Rights Commission for Sri Lanka), includes investigating compliance to monitor the protection of human rights and make recommendation. Although the establishment of HRCSL marked a significant milestone for Sri Lanka, there are drawbacks specially in giving effect to the findings of the commission. The main drawback is the inability to enforce its recommendations on it own. However, HRCSL role is significant. The steps of the progressive realization of ESDR in Srilanka are, first, the creation of ministry of Disaster Management and Human Rights, protecting human rights and maintain harmony through rule of law, secondly, ministry of child and women development plan programs for unprotected children according to the international plans. The presentation was concluded by the reference of a landmark case, where it was recognized that the duty of judiciary, if met properly, it will empower the marginalized and disempowered members of the Sri Lankan society, and will in due course, establish a true democratic socialist republic with equality for all.

Country Presentation- Thailand

Firstly, statistical information was given. The total population of Thailand if 67.54 million. The language is Thai, and the political system basically a democratic country with the king as the head of the state. There has been a dramatic change since 2006, with the military coup. About the demography and resources, the population growth rate is 0.7%, in 2003-2007, The educational standards of the secondary and higher education do not really meet the adequate criteria. People's Political Party (PPP) coalition government came to power in 2008 reintroducing Thaksin popular policies. The economic growth rate is 4.8%, as per the data of 2005-2007. There has been a rapid growth in export of goods and services- 14.9 billion in 2007. In the areas of health, life expectancy of men is 68 years, while that of women is 75 years. In general Thai people enjoy health life, but there exists certain problems of HIV, AIDS, obesity, malnutrition, child health are in the rising. In every 1 lakh people, 55.9 persons die as a result of HIV/AIDS. In the area of employment, 1.3% are totally unemployed, underemployment is 1.7%, according to the data of 2003. About 23 million people are involved in informal sector of employment and do not have social securities, for e.g. the farmers. Income inequality in Thailand is very high. ¾ Thai live in their own land. 99% of the people have safe household sanitation. The problems of natural disasters are frequent and severe. The constitutional organs of Thailand include, State Audit Commission, Election Commission, Ombudsman, National Counter Corruption Commission, National Economic and Social Council, Public Prosecutor etc. Thailand is a thriving business booming economy, but at the same time, over the years, there have been equally serious economic problems, and a big crash occurred. The government has made social development plans. One of the major targets of the government, is to reduce poverty, provide social protection, and rural development. Other plans emphasize the access of poor to the resources and fulfillment of basic needs at grassroot level. But again the reality is very different, income disparity between haves and have-nots. Constitution has established HRC, but these are dependent. System of check and balance is not there. Human rights are primarily about people, but various components of human rights are sacrificed for the growth of businesses, to create wealth. So, there is still a lot more way to go for the protection and promotion of human rights in reality.

Comment by Residential Professors on Presentation

Prof. Zakir Hussein:
Dean, Faculty of Law, Chittagong University

Comment on Country Presentation of Bangladesh:

The geographic condition and economic policy were not mentioned. Jargons familiar in Bangladesh was used by students not familiar to other people. The participants from Bangladesh stated that, Bangladesh has ratified ICESCR, but that's not true. It was also said by the students that poverty in Bangladesh is declining, which is again not true. Recent study shows the people below poverty level is increasing in the last 2 years. 3 crore people are in poverty line, and there is no guarantee to food. Other 3 crore are able to able to take food only one time a day. Reasons for the non-implementation of ESDR were not identified by the participants. Corruption is rooted in Bangladesh. The government does not disclose the fund allocated to the military. They just make a statement that the fund is for defense. Every year people die in want of food in Northern Bangladesh. In Bangladesh election is not fair. It is guided by money, muscle and manipulation. Disparity of income between the rich and poor is too high. In 2004, the disparity is 84 times. The positive part is that primary education is compulsory, guaranteed by constitution and food is given free to those pursuing primary education. Girls education is free upto the college level, provision of training for poultry, fish farming, and loans to people, old age allowances, micro credit finance are positive.

Comment on Country Presentation of India:

Power point presentation was expected, but the presentation was wholly read out. So, it was not very catchy. The legal framework part was prepared well. However, the Indian jurisprudence part was not dealt at all, which was a lacuna, because Indian jurisprudence is one of the most progressive in terms of promotion of ESDR. In one of the recent cases, Supreme Court stated starvation death has caused in Rajasthan. A popular lawyer said that 'cruel irony is that we have surplus grain but more than 60% of Indian children are not able to get food'. UNDP report states that males are richest, females poorest of all. Under 5 mortality rate in India is largest in the world, highest being Cambodia. Whereas, health expenditure is very less, that is the 2nd least in the world. On the other hand, there is rapid economic growth, 58% of the growth has taken place, which is the highest in the world. Therefore, we have to look at all aspects while make a presentation. It was stated in the presentation, that India is the largest democracy in the world, but democracy, as such cannot be measured. Democracy is only, either, functional or non-functional, honest or dishonest democracy. Governments do not tend to change. Change brings about empowerment in people but government wants to stay in status-quo.


Assoc. Prof. Dr. Yubaraj Sangroula
Executive Directory, Kathmandu School of Law

General Observation of the presentations of all the countries:

We often are very proud of our nationality. For e.g. First, I am a Nepali, and then something else. But, we are all human beings first. In any part of the world, we have certain common behavior; we express ideas through language, though language is different. We are first human beings, and then come the question of political boundary, the culture which is different. We should not promote war, but work for humanity. People of different countries do not have problem with each other, but, the government has (e.g. in context of people and government of India and Pakistan). All the presentations were sensitive to national pride, where human rights cannot survive. National pride kills humanity, human rights and human sensitivity. Too much involvement with nation's pride, major problems of the country is forgotten. Thus, all the presentations were 'nationalist presentation'. National barrier is hindering intellectuality. 2, 00,000 people were displaced in Nepal and Nepalese government was conscious about it and not to 15, 00,000 people displaced in India and is vice versa. So, sometimes, our national pride hinders our sensitivity towards humanity. Two important things reflected-doctrine of necessity of country's of country's defense and human rights survive with nation not with the humanity, both of which are not true. The presentations gave the impression that violation of human rights in the respective countries, were because of so-called lack of resource. Government of Nepal spent Rs. 6 billion for election. Right after that, there was a epidemic of diarrhea, the government said, it could not help due to lack of fund. One police has to look after 40,000 people. So he asked how we can expect social security. But there are bulks of military where the government spends 15% of the total budget which has no work to do. The participants tried to justify that things are bad and the things are not working due to the government but nobody emphasized on themselves individually what they have done.
Chinese are enthusiastic with the change, the country is making. Its rural economy is not very good but the urban is good. The communist revolution took place to uplift the poor. But the poor people are suffering again after the revolution. China is in transition from traditional to modern society but the poor people are left in the rural part are far from the government policy. There is a massive corruption and high gap between rich and poor. Education is very good but it is very centralized. There is 9 universities in one city. Education is not accessible to the rural people. Chinese development policy is very good. It gives scholarship to students working in rural area. Government gives special subsidy to the farmers. Ethnic minority protection program is there. In china there was a policy for the retired military to work as a judge but now there is no such provision, to be a judge s\he has to be a law graduate. China has ratified ICCPR.
In Nepal legal framework is strong. Nepal has signed ICCPR and ICESCR without reservation. And when the Nepalese legislation is not in compliance with International Convention, the International Convention is followed.

Common things in presentation:
- Imbalance of resource distribution is alarming problem.
- Employee and Employers has no balance.
- State has failed in delivering essential services due to corruption and political dishonesty and inefficiency.
- Rule of law not protected. Priority in everything first goes to the rich people and then the other.
- Legal framework is vague.

The questions to explore were given as follows:
- Why are societies not fulfilling the basic needs of vast majority of poor people?
- Are the resources inadequate or are the resources inadequately used?

Ms. Mallika Ramchandran

She stated, that we agree that the government is doing very little but we should also not forget our role. She commented that all the presentators talking about Directive principles. The positions of ESDR in all countries are almost the same. We need to see how we can assist the judgment real for the people. We should work for guaranteeing ESDR. Common problems in South Asia, we have lots of problems both in CPR and ESDR. We have to work together for solving these problems as our culture, behavior etc. are common. Srilankan and Thai presentation focused on the economic and other sectors. Srilankan focused on non-implementation of laws but did not give reasons for non-implementation. Nothing was mentioned regarding the role of judiciary. It is hoped that the rest of the things will be discussed in further session, and make ESDR a reality.

18th Oct

Day III

Basic Concept and Justiciability of Economic and Social Rights

The first and second session was taken up by Prof. Dr. Yubaraj Sangroula, on the topic 'Economic and Social Rights: Concept and Evolution'. He basically focused on the meaning of human rights, phenomenal violations of human rights, eastern and western roots of origination, comparison between the two in the process of development, early civilization of human rights, Hinduism and Vedic perception of human rights, human rights notions in Buddhism, Confucianism, Christianity, and Islam. Then the processes of the formalization of human rights were discussed, especially with the end of the World War II, and the inception of UNO. The session ended with the conclusion, the concept and evolution of human rights, had been commenced since the time immemorial, and through various religious philosophies, human rights have been promoted, only the formalization of human rights have been done in the latter eras, through legal instruments. The summary of the presentation is further attached herewith in the annex.

Prof. Zakir Hossain took up the third session, on the topic, 'Dichotomy between Civil and Political Rights and ESDR and State obligations: Myths and Realities'. He talked about the historical antecedents of human rights, and how problems had begun at the time of adopting the treaty on human rights. He stated that the impact of the dichotomy of civil and political rights and socio-economic rights, have been mass poverty, starvation, malnutrition and squalor. He discussed about various misconceptions regarding the socio-economic rights, and explained that they can be implemented with equal importance to civil and political rights, and so, are very much justifiable. The summary of the presentation is attached herewith in the annex.

The last session of the day was taken up by Ms. Mallika Ramachandran, on the topic, 'Cultural Relativism: Myth and Reality'. First of all, she clarified the meaning of 'universalism' and 'cultural relativism'. She discussed the types of relativism from the anthropological perspective, which are descriptive relativism, meta-ethical relativism, and normative relativism. She also highlighted the degrees of universalism and relativism, as being radical, strong and weak. Then some instances and illustrations of the practice, giving insight on the gap between the universalism and cultural relativism were discussed with examples. She concluded with the notion that, in such a debatable context, what we have to importantly consider is that how can a balance be brought about, recognizing and implementing human rights universally, despite differences in culture and yet not losing the significance of cultural backgrounds. The summary of the presentation is attached in the annex of this report.

19th Oct

Day IV

Linkage between Democracy and Human Rights

Prof. Zakir Hussain started the first session with discussion on problems of Democracy and Human Rights in South Asian countries. He, described democracy and other political system with Cowsmic Theory. He proceeded further describing why democracy is needed and why it is best political system among the worst. He also highlighted on the reasons due to which the existing democracy has not been able to work properly. The reasons behind that are lack of democratic culture with political parties, erosion of the sovereignty of the citizen, poverty, deprivation and extreme inequality, failure to the adoption of democratic institutions to ethic heterogneity, widespread corruption, unsuitable state structure, politicization of bureaucracy and armed forces, absence of independent active and assertive judiciary, unengaged civil society, inappropriate military spending etc. While describing it he stated Gresham's law which state bad thing drive out good things. He concluded that in Asian countries, election is held with the power of 3 M's: money, muscle and manipulation. Due to this, the voice of people is not heard, and, thus they are not represented properly. The details of Prof. Hussain's presentation have been attached in the annex. The session was followed by Dr. Yubraraj who spoke on comparative perspectives of problems, challenges and prospects of democracy and status of human rights in the Asian region. He discussed on the major problems of Asian regions, like inequality in the distribution of resources, political instability, extortion of public fund, inefficient justice system, lack of regional human rights body to oversee enforcement of human rights, impunity as emerging culture which are the most important problem among others and are common problems that almost all the Asian countries face. Similarly, he spoke on the challenges that Asian countries have been facing the problems are-violence suppression, overpopulation, inadequate resources. Despite problems and challenges, he also highlighted on the prospects that Asian region face. Most of the Asian region has ratified international convention of human rights, which can be taken as a positive attempt to ensure human rights in the country, with increased regional cooperation. The emerging economy of South-East Asia, and the prospect of co-operation and mechanisms of human rights enforcement are other remarkable prospects that are see in Asia to some extent.

Ms. Mallika Ramachandran

Problems of democracy and Human Rights in India

She started the session with a brief insight on the Indian Constitution, which has the framework of a 'representative democracy' as a political structure of the country. India is a democratic republic whose constitution ensures equitable distribution of resources and equality among all. Ar. 326 of the Indian Constitution state that everybody has a right to vote with the minimum age to vote is 16. To supervise the election there is an Election Commission which consists of 1 chief election commissioner with other two members. It has been doing the good job which works to held election at right time. In Indian election military force are used to ensure free and fair election but there still exist some problems as every system has.
Realities on Present scenario of India:
- Despite Election Commissioner's role there are number of candidate who have criminal background but are still elected in Parliament.
- The actual functioning of the parliament is not very satisfactory. Instead of solving issues most of the time has been wasted in strike and 'dharna'
- No meaningful discussion actually, about the state policies in the parliament.
- People who are educated and are in urban areas rarely participate in voting. So, useless politicians come to parliament over again.
- Qualified people, who know the grassroots problems, are not into politics.
- Corruption is rampant in every level, even in judiciary.
- People are not reporting corruption due to fear.
- Bureaucracy is politicized. People who are against the government are transferred.
- Art. 50 of the Indian Constitution says that judiciary should be independent. From 1970 there has been positive change in the pronouncement of judgment. After 1978, liberal interpretation has been given to many provisions of the constitution due to which ICCPR and ICESCR has been protected to greater extent.
- In case where laws are made and implementation is lacking, the court has set up monitoring bodies to promote implementation, there are also schemes of privileges to the weaker section of the society.
- Access to justice is greater due to PIL even to the poorer section of the society.
- 'Letter Petition' has been introduced where letter can be given to the court stating the problem directly and it is entertained by the court.
- Lok Adalats are introduced in various states which take in account civil disputes through ARDS system.
- Issues of modernization, use of technical instruments have been used in the courts due to which loads of cases are reducing. But in the lower level of judiciary, still manual system exists.
- Some NGOs are working properly for ensuring the public interest, whereas some are not; they are the 'family NGOs' working only for their welfare.
- Actual marginalized people are not included in the direct policy making level.
- Commission of child rights has been working for child but still needs to be effective.
- Poverty level is very high.
- Due to ineffective governance, inefficiency of political parties, corruption and various other problems, the positive schemes given by the government has not been effectively implemented.
- Legal system is quite sound but due to the practical situation, much is yet to be done.

Prof. Zakir Hossain

Problems and Challenges of Human Rights in Bangladesh

Facts file of Bangladesh:
Bangladesh achieved independence in 1971. The official name is 'People's Republic of Bangladesh'. 75% people are engaged in agricultural activities. He, then, pointed out the major problems of democracy in Bangladesh which included repeated military intervention in politics, lack of democratic culture within political parties and the 'dynasty syndrome', existence of special laws, existence of laws and constitutional provisions conflicting with human rights, absence of effective decentralization of powers, etc. New Election Commission has been established which aimed at bringing young people from the grassroots level into politics, but the well-established big political parties opposed it. Judiciary, although separated, is not independent. The constitution provides that retired Chief Justice can be the advisor to the caretaker government. So, judiciary is politicized. Other very serious problems are extrajudicial killings of persons in custody, torture and rape by police, trafficking in women and children. Citizenship laws of Bangladesh provide the right to citizenship to only those people who are within the territory of Bangladesh from 1971 (the year when Bangladesh attained independence). This provision is quite irrational, with regard to providing citizenship to their children. Further details of the presentation are attached in the annex of this report.

Prof. Kenji Tozama

Problems in Japanese Political Process in Respect to Economic Development
The presentator commenced the insight into Japanese economy, with the fact that the year 1993 had been a very important time in Japanese politics. Japan, before 1993, had tremendously high level of corruption in politics. When Japanese people started seeking political reform, after 1993, there was a change in the Japanese politics. There were many prime ministers in Japan. Some of the party and their leaders were highlighted, with their respective ideologies. The socialist party had changed the Japanese political structure, with the change of the leader. Coalition government is now popular and it has caused great problems, since each coalition is different, coalition government is not because all the parties have same view but to gain majority seats to form the government. And thus, the governments in Japan over the years have been very unstable. Even the political expert can't name how many prime ministers have been there in Japan. Politicians manipulate voters. 'Kome' party is in important power for a long time. They are helping poor people and they are against the nuclear power. People are really critical about the Japanese policies, because they are not popular at all. Japanese politicians have tendency of pushing the policies, and the politicians mostly represent the elitist group. Talking about the economy, Japan is really involved in giving aid to other countries, so much, that, money is not enough for the all round development maintenance purposes of Japan itself now. Art. 9 of the Japanese Constitution should be reviewed and amended to benefit a large number of Japanese, by re-checking on the military size and defense expenditure. The internal problems of Japan itself, for e.g. disaster management are always a serious matter of concern, and thus, it creates challenges time and again, to maintain the economic equilibrium of the country. Japan is also dependent on America in lots of issues. Certain treaties, especially after the World War II, have restrained Japan to have complete sovereignty in its economy. The interference of U.S. in too many matters is hard to cope up. While concluding, he stated that in the question of whether there is any possibility for Japan to contribute to Asian countries except for money and the shift of the most advanced technology, a development of a monitoring mechanism should be done which can check that Japan helps to promote the utilization of natural resources of those countries themselves. And, Japan, rather than heading for more economic development, should concentrate instead, on the creating a social stability.

Assoc. Prof. Dr. Yubaraj Sangroula

Problems of Democracy and Human Rights in South Asia

He commenced with the references of 1689's Glorious Revolution, 1789's French Revolution, and Declaration of American Independence, which is thought as democracy is created by these events. He stated that liberal democracy ensures rights to vote, right to form political association, right to assembly, right to participate in governance. In South Asia, most countries could be said, based on the presence of these rights to the people, as being democratic. Liberal democracy model is not, 'by our (Asian) choice because British came with this model and imported in Asia through colonial rules. The fundamental attributes of this form of democracy are: utilitarianism, majoritarianism, avoidance of coalition culture. Actually democracy is not failing but instead misconception of democracy is ruling. He talked about the situation of South Asia, with examples:
- Governed by majoritarianism in the form of liberal democracy.
- Political parties are turned into power clubs.
- Politics is power-centric; the intra-party competition is not for the welfare of the people, but for gaining the leadership.
- Corruption is existing, which erodes the rule of law.
So, the democracy is 'victim of vicious circle of majoritarianism, power centric culture and corruption. In Asian countries, politics cannot run without power. And democracy is ultimately turned into 'power game'. All of these things, result in continuous violence, frequent changes in government, violation of human rights and political instability. Therefore, liberal democracy has not been able address these problems, so, it should be replaced by the inclusive democracy. Participation of people in legislature, by this means will become significant.

20th Oct

Day V

Presentation of Workshop: Identification of the common problems and possible collaboration to address the problems

Group I identified the political problems or obstacles (e.g. institution of government, political system, government transparence, accountability etc.) that have been creating hindrances in internalization of economic and social rights of the people. The major details of their presentation were; The basis of Problem, Internal factors of political obstacles, External factors of the political obstacles. They commenced with the issue that government not realizing their social duty, many problems have emerged. The present politics is not service-based. They had statistics of the profession of people involved in politics in Bangladesh which revealed that businessmen constitute the largest seats. They highlighted the various aspects of exercise of political power; internal factors of political obstacles as, lack of political awareness among the people, lack of accountability/transparency, corruption, negative approach towards socio-economic rights, top-bottom approach, missing human prospect, misuse of resources, policy of centralized development, military intervention, lack of political will etc.

Group II identified the good governance problems (e.g. devolution of power, participatory election, inclusivity etc) that have been creating hindrance to economic social rights. They listed out the problems of Good Governance, which are, lack of effective decentralization and devolution of power, lack of awareness, inefficient of Use of Resources, abuse of Authority, ineffective electoral system and election commission, unengaged civil society, politicization of bureaucracy, massive Violation of Human Rights. They concluded that problem of the good governance is due to the massive violation of Human Rights, discrimination and widespread inequality.

Group III identified the problems relating to geography, culture, tradition etc. in creating hindrances to internalization of economic and social rights. The group started with the scope of presentation and then identified the common disruptive forces for the internalization of Economic Social and Development right which included colonization, globalization of cultural relativism. They pointed out the specific problems to the internalization of ESDR. The problems they pointed out are geographic isolation, tradition, practices, racial discrimination and other discrimination like gender and caste. And finally they concluded their presentation by connecting it with Nelson Mandela's divorce incident, which meant Mandela spent 27 years in prison, under the colonist rule in South Africa, when he was released, he came back home, spent 6 months and divorced his wife. Similarly, the countries that have been affected by colonialism, when get rid of colonist after some time they have so many internal problems within themselves (e.g. relativism) that they divorce themselves from good governance process. Thus, inherent problems lie within developing countries in South Asia.

Group IV discussed on the matters relating to the problems relating to constitution, where they pointed out that the ESDR, in almost all the countries of South Asia, are not placed in Fundamental Rights. Other problems included were, non-justifiability of ESDR, lack of good governance, absence of independent judiciary, lack of inclusiveness. The second part included problems under legislation which included problems in implementation, lack of devolution of power, lack of devolution of power, lack of people's participation in the law making process, lack of research before drafting the law, laws are influenced by donor agencies, delay in which, principle of natural justice is not practiced in reality.

Prof. Zakir Hossain

Linkages between Good Governance and Human Rights with special reference to ESDR.

He commenced the presentation with a brief outline of the meaning of good governance, the key elements of good governance, for e.g. meaningful participation, transparency, accountability, responsibility, responsiveness, rule of law independence of judiciary, equity, consensus orientation, effectiveness, efficiency and strategic vision. He further gave elaborate explanations on the elements of the good governance, critically analyzing each aspect individually. He further talked about the interface of good governance and human rights. The crossing point, he stated is that, there is no good governance without human rights and vice versa. He also explained the relationship that no economic and social rights is possible without development. Whether and how a government responds to the intense needs and sufferings of the people may well depend upon how much pressure is put on the government and whether or not pressure is put on government will depend on the exercise of political rights. He made a statistical representation of the governance indicators in South Asia and the surrounding countries, which showed a poor standing of the countries in terms of good governance. The common agenda for overcoming problems of good governance, were presented, some of which were, recognition of the sovereignty of people, restructuring of the institutions of governance, redefinition of the role of the state, control of corruption, emphasis on a common culture, engaged society at national and regional level, effective regional cooperation, etc. Finally, it was concluded that good governance means the proper management of resources and the realization of human rights in accordance with the rule of law.

Assoc. Prof. Dr. Yubaraj Sangroula

Democracy and Constitutionalism, Inclusiveness in Democracy

Prof. Sangroula, first, made an elaborate discourse on the meaning of 'inclusion', by a two-way interaction with the participants. He stated that there are different ways of understanding 'inclusion', some comprehend it as the 'substance', while others view it as a 'composite process'. There are different evolving theories that give different kinds of propositions about the meaning of inclusion. Conflicting and provoking theories may break down a society, nation, due to the crisis of a prudent understanding of the meaning of inclusion. The foundation of the term 'inclusion' should be understood as the fundamental pillar of any democracy, which can guarantee socio-economic justice. 'Inclusion' also refers to the inclusion of 'systems' and not merely the inclusion of 'peoples'. So, according to the presentator, there is a deep conceptual problem. Next, the concept of a 'social democracy' was discussed, which include aspects such as secularism, and social values. Here, the state has a very overwhelming role to play, to foster these aspects, for e.g. abstention from the promotion of one particular religion, leads to exclusion of other religious groups, so, social democracy, cannot be realized in this way. He gave various instances where states have interfered in particular groups' culture, religion, as a result of which conflicts have arisen, for e.g. Nepal's previous instances of supporting the Hindu groups to an overt extent caused dissatisfaction amongst several groups. The two major philosophical developments regarding the issue of inclusiveness were discussed. First one is, after 1965, a new theory, 'consociationalism' emerged. This theory proposed that nation comprises of different social units, and these social units should be recognized as separate 'entities', which are recognized by the nation in a full-fledged manner. This theory is based on the idea that, individual identity and welfare is important, but, at the same time identifying the groups rights are also equally vital. For e.g. the incidents of Rwanda, Zambia, Uganda etc. show, how these issues are to be addressed with serious concern. In this regard, the African jurisprudence, and then the developments, aftermath to it, have shown comparatively successful resolution to conflicts in Africa. Second theory is the theory of 'communitarianism', which stresses on the fact that, constitutions are to be developed to restrict the state power, and governmental rights, privileges. Earlier constitutions had emphasized only on limiting rights of the people, but this theory proposed otherwise. He finally concluded; therefore, these two theories, play a significant role, to make the 'social democracy' truly applicable in all societies in the present context.

Prof. Zakir Hossain

Indispensability of ESDR for Sustainability of Democracy

The presentator started with the basic ideas of ESDR and democracy. The core idea of democracy is that popular rule or popular control over the collective decision making. Its starting point is with citizen rather than with the institution of government. Its defining principles are that all citizens are entitled to a say in public affairs both through the association of civil society and through participation in the government. Democracy requires the guarantee of ESDR to improve voice of the poor for their participation decision making encourage them. It increases the capabilities of people, e.g. education broadens people's outlook, help them to understand the value of tolerance, active and meaningful participation. Without education people believe in fatalism. Right to work is fundamental to exercise democratic right. It guarantees basic income, also makes capable to buy social goods, it creates self-respect, self confidence and capability to take responsibility. Similarly housing ensures human dignity. Human being can't survive as true human being without protection of ESCR right. Good health makes people of all ages to participate fully in social economic and political processes. Democratization is a key precondition for alleviation of poverty as it provides poor channel to influence and develop policies that would be their interest. But the poor people is not getting part in democracy. Economic growth without democracy leads more to inequality. Laws are made for poverty alleviation but distribution of resources is not effective. There is controversy whether ESDR need democracy or not. Life without democratic rule would result to some other form of slavery, for guarantee of ESDR we need development. Development can work properly in democracy. High level of economic growth is consistent only in democracy. Therefore, it was concluded, that, protection of basic human rights is a necessary condition for sustainability of democracy. The presentation is attached in the annex of this report.

Prof. Wang Sixin

Right to information, human rights standards and human rights situation in China in relation to economic and social development

Prof Sixin began the presentation, with a brief highlight on the issue of how to understand freedom of information (FOI). It includes aspects as freedom of the press and speech, rights to know, disclosure of the government information, and it, also has a very close nexus with the freedom of expression. He expressed that since the age of 1980s, China entered into the age of information technology very rapidly, and as such, the awareness about the 'right to know', also started growing very widely. The Changing Ideas of FOI were also discussed. There is still a very big struggle between the civil society and the government, in China, with regards to the rights of information, as a basic guarantee of human rights to people. As all of us talk about the relationship between democracy and human rights, the aspect, of a need of a very 'independent and impartial media' is time and again raised. Media not only provides information, it plays a tremendous role in shaping people's views in any particular issue. Media also changes lots traditional political concepts, and reflects the dynamic, emerging principles out of the human society. The functions served by the FOI should be considered with much importance. Basically, media can talk about fundamental rights and fundamental rights of the people, very openly and critically. Minimum standards of FOI in the modern context are now applied, for e.g. an effective oversight on the governance status of any country is the role of the media. Resolution 59 (1) (1946) has stated that freedom of information is a fundamental human right and the touchstone of all the freedoms on which UN is based. Art. 19 of the UDHR provisions that everyone has the right to freedom of information. Likewise, art. 19 of ICCPR reiterate the same. The UN Special Rapporteur (SR) on Freedom of Opinion and Expression has also given the provision that annual reports on the status of the freedom of information have to be submitted and obliges state parties to do the same. The general principles with regard to FOI made by the SR, were discussed. First, existing laws and future laws were to be considered, in terms of providing greater access to information by the people. Secondly, the government's activities were to be made as transparent as possible. In today's China, about the status of FOI, many aspects are far from the requirements of the human rights standard, and there are lots of problems, but efforts are being made to overcome the problems. Historically, the governance practice in China has always been not really transparent, as compared to other countries of the world. So, this culture, practiced over hundreds of years, is too rigid to overcome. But, now, process of modernization is taking place, and thus, a big struggle is taking place. Also, China, has still a very different political system, one party system (communist). And all the people are related to this party, thus, media is actually the mouthpiece of the party in one way or the other. And although, China ratified ICCPR in 1998, art. 19 (relating to FOI), is difficult to apply in a full-fledged manner. Cases violating FOI still can't go to the court because of national legislations. Thus, many of the international obligations, seem meaningless. However, the good aspect is, there are some efforts being made by the government. The ratification of ICCPR has opened doors for the pressure on government to respect FOI from many forces, including the civil society. Finally, he concluded by saying that, China has to work very insistently and incessantly on the transparent disclosure of government information and learn how to get along with the media and the citizens. The further details of his presentation are attached in the annex of the report.

Day VI

Presentation of Workshop II: Inclusiveness and Good Governance to promote Economic, Social and Development Rights

Group A: This group discussed on Possible interventions or strategies to ensure inclusiveness, participation in politics and government, equality in access to opportunity and resources etc. The group presented a strategy paper, strategies for inclusiveness in South Asia. Firstly, the group stated the rationale of the paper, with the concept that the incomplete democracy that marks the South Asian states has deeply raised demands for all inclusive way of participation in the political life. The concept of inclusion (or inclusiveness) in its true sense is the 'inherent power of people' to have decisive role in the system of governance. Hence, within the South Asian region, there is a need for an urgent all-encompassing strategies to ensure inclusiveness in the political system, in which power must belong to the peoples in all their diversities. Further, a framework of the freedoms of liberties participation decision making and governance was given which included major elements of liberal democracy, consensus democracy, meritocracy, affirmative actions, proportional electoral system, devolution of power, and direct democracy. The integration of all these aspects would lead to a practical political, social and economic democracy. The group outlined the objectives that would be achieved, which were enhancement of Good Governance, Effective and efficient development of human potential and social protection, Effective modalities of restructuring of management for sustainable rural and urban development, preservation and upgrading of natural resources and environmental management, and establishment of effective measures for the eradication of poverty. The strategies related to achieve these objectives, were also drawn for specific objectives.

Group B: This group was given the task to talk on the topic of Possible indicators of Good Governance to promote participation in politics and government, equality in access to opportunity and resources. The group dealt with the possible indicators, which they listed out as, Transparency, under which, periodic report, public hearing, citizen charter, periodic election, presence of law regarding right to information were the sub-indicators. The other indicator is Participation, under which Proportionate participation, reservation were listed as the sub-indicators. The third element of indicators was the Accountability. In this element, management audit and effective audit system were to be considered. The fourth point of indicator was Rule of Law, under which, presence of welfare legislation, access to justice, judicial review, time limitation of decision making, justice by free of cost, meritocracy and low crime rate, were the sub-categorized indicators. The fifth indicator they listed out was the Social Security, under which free primary health facilities, allowances to distressed and vulnerable people, minimum gap between rich and poor, etc. as the sub-indicators. The sixth indicator was Corruption, getting the statistics and impeachment process would be the sub-indicators here. Then, the point about the Economic and Social Development was discussed. Under this, economic indicators (PCI, Poverty rate, GDP), social indicators (literacy rate, enrolment/dropping out rate, infant and maternal mortality rate, life expectancy) and infrastructural development were listed out as the points which could serve as the sub-indicators. As the conclusion, the group stated that the governance elements by themselves qualify democracy and establish democratic structures. The term good governance is not value free, one can not have good governance free from goals set and determining concrete and measurable indicators.


Ms. Andrea Durbach
Australian Human Rights Centre
Associate Professor, Faculty of Law
University of New South Wales

Economic and Social right and South African Constitution

The second session was started by Ms. Durbach with the highlight on ESDR. 30 Years ago one of the learned person argue that US Government should have no obligation to implement ESDR rights but it should be respected equally. Ms. Durbach put forward that country should have no restriction instead should bear some responsibility so to check how the ESCR is being guaranteed to the people. She added, Nelson Mandela said that right to freedom without right to food and shelter and vice versa is of no use and not so much effective. Hence both the rights should be in equal footing to ensure the democratic value. Previously ESCR was not so much looked after but after its recognition the new leader incorporated both the right i.e. CPR and ESCR. Moreover the civil societies are raising the voice that all people want both the rights on equal footing. South African Constitution talked about equality, freedom and dignity. The arguments of including ESDR are: Court are not to say what should be given but it is the work of legislation, they even say that intervention of courts in incorporation of ESDR is against the separation of power as this work is of the legislation. It is assume that the court does not know about the resources of the country and policy making is the role of legislation. Three main aspects in the ESCR Convention:
- steps to ensure and implement the rights.
- Implement the right progressively.
- Implementation of right progressively in accordance to the availability of the resources of the state.

Article 26 of South African constitution provisions right to housing, article 527 has the right to health and these are qualified right and can be implemented as in accordance to above three aspects. She highlighted the case of GrootBoom where the issue was linked with Article 26 and 28 of South African Constitution. As article 28 is not qualified they link the issue of right to housing with the right of the children so that it can be addressed immediately. The case first went to the high court and it separated both the articles and tried to implement accordingly but after it went to constitutional court its decision was delivered in a way to implement article 26 as it would include article 28 also. However, the implementation was not properly done and was not satisfactory. Yet, it could be said that the impact of the court decision made a difference in the government policy. Bill of right of South Africa is one of the best bill over the world. But to make it work efficiently, judiciary should be very proactive, civil society should play a significant role to push the issues and resources should be properly allocated.

Dr. Narayan Manandhar
DANIDA/Human Rights and Good Governance Program
Advisor, Anti-Corruption

People's Participation in governance: problems in accountability and transparency with reference to South Asian countries


Mr Manandhar discussed about the recent incident of the corruption in Nepal where the President of the Nepalese Supreme Court Bar association said that getting a post of judge in Nepal is like getting a license of corruption. He commenced dealing about the topic of corruption, by giving it the reference of the term, as The right against corruption; the fourth generation right, that has evolved in this modern age we live today. The presentation concerned dimensions of governance, anti corruption movement. He argued that corruption is the indicator of bad governance. He include in the presentation definition given by World Bank on governance. World Bank has divided governance into three categories i.e. political governance, economic governance and institutional governance. Similarly he also presented UNDP definition on corruption. Lack of transparency, monopoly power etc are major factor of corruption. According to him to decrease the corruption in the state there should be proper balance between the power and the wealth. The wealthier person should not be given power which can make him\her corrupt and vice versa. He added that the year 1995 is regarded as the "Year of Corruption" in the world history. Corruption is now a global problem. He described the International Corruption waves into three phases, first as awareness raising, second, standard setting, regional and international convention, legal institutionalization in 2003 and third, enforcement and capacity building. He stated that data have shown, highly stable countries are more corrupt. He presented a graph showing the corruption index. The graph clearly reflected the status of different countries in terms of the level of corruption. Bhutan was the least corrupt country, followed by Sri Lanka, Afghanistan, Nepal and Bangladesh. Thus, Bangladesh was the most corrupt country, in the South Asian region, as according to the statistics of 2007. He also discussed bout the features of South Asian corruption where he argued that South Asian corruption is up the stream and down the stream-meaning it occurs at the top and flows downward. He concluded his presentation with Kautilya's argument in corruption where Kautilya categorized corruption into more than forty heads. So, corruption has been rampant and existed from a long period of time. It is thus a question, of our ability, how effectively we can devise mechanisms to combat corruption, at the best efficiency and result-oriented manner. The details of his presentation are attached in the annex.

Mr. Keshav Acharya

Good Governance and Social Security System: Necessity and Experiences

The session was started with the definition of the governance as an old as human civilization. Good governance is a process of making decision and not only making decision but also implementing those decision. There are many actors in Governance like landlords, religion and charitable organizations are actors in rural areas. Likewise NGOs, financial institutions, military are also some among them. According to him media plays very influential role in good governance as it sensitize people and the governmental and non governmental institutions about their rights and duties. Another influential body in good governance is the 'Kitchen Cabinet' which is the informal groups which are relatives and kith and kin of the minister who plays a crucial role in decision making by the cabinet. It will adversely affect the governance system.
Characteristics of Good Governance are as follows:
- Participation: The voice of every part of the state i.e. popular participation should be there for the good governance. There should be equal participation in the decision making body.
- Rule of law: For the rule of law there are two basic components if role of judiciary which should be fair and independent and incorrupt police and security system.
- Transparency: Every governmental and non governmental body's information should be disseminated properly. Every person should have access to information.
- Responsiveness: The representative in the governmental bodies should be responsible towards the people who elected them. The decision and the implementation of the plan should be done in right time, the bodies should be responsible towards people.
- Consensus oriented: Different stakeholders are involved in decision making process i.e. there should be consensus made among those members and then only conclusion should be derive.
- Equity and inclusiveness: The decision should be taken in such a way that it favor the equity concept and in the process of decision making no one should feel excluded.
- Effectiveness and Efficiency: To make the best use of resources the work should be done effectively and in efficient way.
- Accountability: Every governmental bodies and decision maker should be accountable towards the people to the every decision and the every work they perform.
He concluded with the comment that Good Governance as a ideal concept but one should keep on working to meet that point.
He then presentated about the social security system. There are many scheme for the social security like old age allowance, endangered minority scheme, disabled person scheme, In 1934 social security system was established in USA, even before Scandivianian countries had already established this concept bit earlier. In England there is privatization of social security. He gave the arguments against the privatization of social security system like low wages worker will suffer as they will get poor security, if there is any fluctuation in the policies then the people will be deprived of their facilities, in the privatized sector the family members will not get the benefit like in the case of pension etc. allowance for unemployed youth etc. He concluded his presentation on highlighting the linkage between social security and Good Governance.

Prof. Wang Sixin

Social Security System in China with special focus on Migrant Workers(MW) in China.

The Prof. started his presentation with the insight to the meaning of the social security. It means a privilege given to certain group of people in order to make their living. 0.13 billion people, where over 10% of Chinese are completely out of the social security system. He discussed why there is a problem of social securities in China. What the government has been doing, with special reference to the migrant workers. Migrant Workers in China does not mean people moving from China to M or any other country or migrant worker from the western world. Migrant workers are the people within the country (China) from the rural area to the urban area to make their living for a long period of time. To make China stable and for it modernization and for China to contribute to Asia, China is to have stable system. There are problems of corruption governance-we have to resolve this issue. He then described about how migrant workers system started in China. He discussed about the household registration system (huko). According to this system, from the day of your birth, the person either belongs to the urban registration system or rural registration system. If a person lives in city, then s/he belongs to urban area. In countryside, a person belongs to rural registration system. The rationality behind this system is that government welfare and resource distribution under the socialization system, migration control and criminal surveillance. Then Prof. Sixin focused on the urbanization and the emergence of migrant workers. In 1978, whole economy destroyed, China was weak and in order to save the country, industrialization started, business was flourished and the rural people involved in this to a great extent. Due to this involvement of people and building of businesses in the countryside, many villages turned into cities. The number of cities increased more than three times from 191 in 1979 to 661 in 2005, there was a rapid growth of migrant workers. In 1989, about 30 million, in 1993, it increased to 62 million, and by the end of 2008, the figure reached to 131.8 million. Migrant Workers in China refers to migration from one province to another. Then, he went on to discuss about the situation of the migrant workers. 64% were males, half of the migrant workers aged 18-30. Only 10% of the of the migrant workers has gone to any further education a middle class. Migrant workers get poorly paid and have to do work in dangerous areas like mines, construction sites, cleaning the city streets, restaurants. Ans they tag migrant workers as dirty, physically demanding, bitter and dangerous. Migrant workers earn the average monthly income around 800 (over 120 $), very less migrant workers have signed labour contracts, only 12.8% has work related injury insurance, whereas 200 million employees are in hazardous condition which includes respiratory, eye problem, sleeping deprivation etc. Due to the growing migration, the children of the migrant workers have to stay back at home away from the parents due to which they have serious psychological problem, education deprivation etc. However, some efforts been made for the protection of migrant workers to change the situation. China has brought a new labour legislation, for the protection of migrant workers. Migrant workers have same legal system as other workers. There are also provisions where the employer is supposed to pay to the employee for the injury suffered by the employee during work. Prof. Sixin emphasized the use of state owned media to raise public awareness regarding the problems of migrant workers. Migrant workers suffer more because they gain very less from urbanization, because all the land legally belongs to the government and state can take such land without compensation. The government has however; decided to change this policy and migrant workers will have more power with regard to land. Now, migrant workers can refuse to give away the land to the government and benefit from the land.

22nd Oct.

Day VII

Prof. Zakir Hossain

Universality, Challenges and Continuing Validity of the UDHR in the 21st Century

He started the presentation with the statement that UDHR originally fell short of a vision. Some of the victorious powers had problems in framing human rights into a legal instrument. UDHR, thus, came out to be the first comprehensive document. Universality of the UDHR was dealt, and he put forth the question whether the real applicability of this has been possible. He then said, that in many respects, the answer is negative, and becomes a product of the time. UDHR is a reactive document developed as a reaction to Nazism. Its scope and content reflect the limited UN membership at the time of its drafting and adoption. More emphasis and focus on civil and political rights were given. And developing countries' voice was not heard properly. Its prescription of individual ownership of private property is not universally appreciated. The rights centered approach of the declaration is not universal as many of the ideologies and systems emphasize on 'duty'. The declaration seeks to universalize a particular form of government constituted through western style democratic election but if the country is a single party, like China, then it does not include those countries. As declaration is seen by many as the representative of the masculine perception of the world, this is quite evident in many provisions notably, 'his rights', 'his family', 'his privacy', honour and reputation. Feminists have opposed the oppressed nature world. Economic growth has not brought real benefit to the developing countries. But, despite all this, UDHR has its validity till date. It has the positive impact on the world community and succeeded in elaborating on the vague human rights provisions of the UN charter. Putting together civil/political rights and economic/social rights in a single document is of paramount significance, in the present context. It has generated great influence in the formation of international public society. It has also exerted a significant influence on the decision making of courts at national regional and international levels. Acceptance of declaration by so many states including domestication of some of its provisions in the national constitutions by declaring as fundamental rights, is a positive aspect. He concluded with the thought that, the human rights system must afford a comprehensive umbrella within which diverse values and cultures, can coexist harmoniously. So, we really need reforms.

Mr. Pradeep Pathak

Problems and Challenges faced by Marginalized, Endangered Communities and other Vulnerable Groups in the Context of Good Governance and Protection of Economic, Social and Development Rights

Firstly, he delved into the conceptual clarification of the meaning of minorities. Minority deals with population point of view, small and non-influential, different from majority population in ethnic, religious or linguistic form. Numerical minority population size, sociological minority, in term of social status, education, employment, wealth, economic minorities, working poor or unemployed, UN declaration on rights of minorities, people as minorities are nationally excluded. Marginality is the temporary status of having been put aside of living as isolated group, cultural, social, political, economic, marginal exclusion from meaningful participation in society resulting in severe material deprivation and exclusion from services, program and polities. Minority and Marginalized are used synonymously. Minority is our condition for vulnerability as marginalized. Not only minority other group can be marginalized like women. Dimensions of exclusion in Nepal include, social category status, gender, caste, ethnicity, racial, Language, Geo-political, etc. Indigenous nationalities mean the population groups present in a given area before territories were defined. Indigenous people experience political, social, economic marginalization, inequalities and injustices in terms of income, education, health status, jobs, and they are concentrated in rural areas. They are even deprived of citizenship in many cases. The presentator showed various data, that reflected the status of the marginalization of different groups of people and concluded that because of different cross-connecting issues, these people have been deprived of the rights. Therefore, the recognition and special mechanisms for these groups of people are highly essential. Further points of presentation are attached in the annex of this report.

Ms. Mallika Ramachandran

Problems and Challenges faced by Women as Marginalized Section

She began the presentation with the figure, that 70% of the world poor comprise of women. Women have long been socially and economically disadvantaged, deprived of equal participation. In patriarchal societal norms, women get subordinate position. Women have no individual identity, either they are viewed as a daughter, or a wife. In every society, there is one or another type of discrimination, which may be on the basis of status. There are various forms of violence against women, like marital rape. There is discrimination on cultural basis, legal basis, etc. Women are discriminated in different arenas in the context of employment, representation. She gave the definition of human rights of women as collective rights of women to be seen and accepted as a person with the capacity to decide and act on her own behalf to have equal access to resources. The Human rights instruments on women include UDHR, which for the first time, defined all human are equal. ILO Equal Remuneration Convention, Convention on Political Rights of Women, Convention on Nationality of Married Women, The discrimination Employment and Occupation Convention, The declaration of the Elimination of Discrimination against Women, and the Convention against all forms of discrimination against women and many other instruments and conference for women rights have further protected rights of women, with affirmative action provisions. There are laws which have lacunas in respect of equality to women. All laws can't achieve justice as all laws are not pro-women. Law in action is all important. The lack of political will to address problems faced by women leads to discriminatory laws. Problem to be dealt is also the attitude of women, as the centuries of discrimination lead them to feel psychologically inferior to men. To address this problem, they should not be deprived of the basic needs and not to be discriminated in public and private spheres. The violence against women as rape, honour killing, trafficking, foeticide, infanticide, should be taken as matters of serious concern and should be resolved. She concluded by saying that, according to various dimensions of problems that are related to women and gender, the political will is very much a necessity. The details of the presentation are attached herewith in the annex of this report.

Symposium I: Good Governance and Social Security System

Bangladesh

The presentation highlighted on the policy aspect and the practical scenario of social security in Bangladesh. The constitution provides, art. 16 (d) it shall be a fundamental responsibility of the state to attain, through planned economic growth, increase standard of living of the people. The main type of social security programs in Bangladesh were: widow allowance, incentives to female students, food for work, vulnerable group development, primary education stipend, food for education. Some positive impacts were seen out of these programs, for e.g. increment in the enrolment rate in education etc. The weaknesses in the government efforts, were corruption, lack of integrated national policy, lack of monitoring system, lack of accountability, limited coverage of safety net program, missing poor and new vulnerabilities, insensitivity to geographical problems, inadequacy of poverty criterion, inadequate understanding of gender dimension of poverty, targeting and leakage. Some recommendations were given, for e.g. training, improvement in accountability and monitoring, promotion of engaging civil society, media and local communities' activities, expanding and updating the programs and minimizing corruption at the maximum level. Many of these programs, however thus could not be successful in the long run because of overwhelming level of corruption in all the programs that the government brought forth.

China

It was presented that the basic situation in China is that, economic development has been rapidly done, the growth rate is extremely high, but the problems in democracy is also rampant, for e.g. high corruption in bureaucracy and everywhere else. They said, that a balance is extremely necessary. It was recommended that the division of work in the government is highly imperative, at present, there is centralization of the system, which has created wide problems in such a big country as China. Democracy is only within the communist party, there are no choices of the formation of other parties. An efficiency supervision mechanism is also urgently needed. They also stated that such a large military is not necessary, rather, that expense could be allocated for safeguard of people's rights. The improvement of social security is being done step by step, for e.g. implementation of new labor law, social insurance is becoming popular, and there are many social securities. A conclusion they drew is that China has to focus more on democratic practices from the level of formulation of policies to the implementation level.

India

Constitutional history of India has always provisioned for social securities. Traditionally, it was the responsibility of families, communities. Later in the legal frameworks, as the society started getting modernized, after the independence, wide level of social securities were protected under the constitution itself. The legislation regarding social security are, the directive principles of constitution, maternity relief act, payment of wages act, factory act, workman compensation act, etc. India, being a welfare state, has under chapter IV of the constitution, has done many things to institutionalize the social securities as legally enforceable. In education, mid meal scheme, adult education scheme, sikshya mitra scheme, and some case laws have established the right to education. In health, nominal charges in fees, eradication of polio, leprosy, epidemics, cost-free medication schemes etc programmes, have been brought about. Other social securities programs include provisions for workforce, widows, old-age, children, etc. However, there are several weaknesses in the enforcement of these schemes. High level of corruption, expensive programs, unreachable to the grassroot level people, etc. are the challenges. As a conclusion, it was said, that theoretically a lot has been done, but theory is not enough, practical political will to enforce the framed legislation is extremely necessary.

Nepal

Firstly they discussed about the meaning of good governance, social security and the nexus between the two. They also gave a brief highlight on the Nepalese statistics. The constitutional provisions were shown, where directive principles have laid emphasis on social securities, the legislation are, labour act, senior citizen act, etc. In the informal sectors, the trade unions and workers unions are acting for the implementation of the laws. The interim plan, budget, allowances for disadvantaged groups (widows, disabled, children, women) etc. include social securities for the people. The weaknesses are that, lack of coordination between the government and the private sector, lack of implementation, no social securities in informal sector, unemployment is not addressed, lack of efficiency in service providing etc.

Sri Lanka

The presentator discussed about the education system, where primary education was freely given, but the higher education is very expensive. Foods for education act as incentive in the primary level. A provision of elders allowance is also made in Sri Lanka. But, the amount given is very less. The Employers protection mechanisms are also present. The widow's provident fund, employees provident fund, employee contribution, employees trust fund, etc. are the various measures how employees' securities are protected. There is also a special provision of Janasariya Food Allowance, which is given to the family members, whose income put together is less than 6,000. Free legal aid service is provisioned to the people whose monthly income is less than 6,000. Same facility is given in terms of health service. People whose income is less than 6,000 get free health service in Sri Lanka. However, the problems are rampant. For e.g. government hospitals are careless to provide service, the lawyers do not pay proper interest and seriousness in cases where they have advocate for free. Similar kinds of challenges exist in all sectors, where citizens have to get social securities on a free basis by the government.

Thailand

It was presented that, a National security policy 2006-2010 has been drawn in Thailand. There is an Economic Security Committee in the national security council. Much focus was given on the military security, national threat, global threat, and regional threats. Thus, the presentation was not on 'Social Securities', but on 'Defence Securities'. This was not supposed to be the subject of presentation.

Symposium II

Problems and Challenges faced by Marginalized, Endangered Communities and other Vulnerable Groups in the Context of Good Governance and Protection of Human Rights

Bangladesh

In Bangladesh there are large numbers of marginalized group. The marginalized group is categorized as community excluded marginalized on the basis of caste and on the basic of gender, Indigenous minorities, religious minorities, political minorities. In the marginalized communities there are 1.5 millions of dalit. Most of them are landless, their rampant poverty, few health facilities and most of them are uneducated. These communities are economically vulnerable as they have limited skill. Dalit include group like Hariyas, Kabhra community etc. The women are also included in the marginalized community as they have no political, economical, social access. In 2006 among 107 people 12 died of physical violence, there was 3001 report of domestic violence, 3334 dowry cases and among them 259 death related to dowry cases. The indigenous community include group like Santo community who have also no access to resources. As Bangladesh is Muslim majority country Hindu community comes under religious minority who are facing religious problem. The government does not work in favor of the Hindu community, they are the target of the wrong policy of the government. There is vulnerable condition of HIV\AIDS patients too.

China

The group members presented that there is the presence of different marginalized goups in China, for e.g. the big mass of the migrant workers, tribal groups etc. They do not receive proper access to the resources. The urban and rural economy have been divided as sharply distinct, and as a result complex problems have arisen, as to the equal access to standard education by both rural and urban people. They concluded with the saying that economic development is very much necessary, but at the same time equitable distribution of the products/output of the development is crucially needed. A balance between economic growth and the entire population's access to the outputs of development is imperative now.

India

The presentation began with the issue that the reason why some particular groups need extra attention, is because, many groups get excluded from the governance mechanisms and from the whole system, the reason may be because of the centuries of exploitation, discrimination and restriction. Marginalization is a social process of being made marginal to a lower social standing or outer limit or edge as social standing. The population of the endangered communities in India is slowly decreasing, that is why, there have been problems. In India, the example of people in Nikobar and Andaman islands are the most endangered. They are very small in number, and sensitive. The Indo-Mangoloid groups are very endangered. The Shrompens are critically endangered, while citing one of the examples. The problems of these groups include, discrimination, poverty, lack of basic rights, lack of respect, not included in the making of the laws to protect them, suppression, injustice, etc. The challenges are the lack of education, employment, mindset of society, lack of political will, etc. In conclusion, an accord from the political side and from all these groups is seriously needed.

Nepal

First, a brief introduction to Nepalese marginalized communities was given, through the display of pictures. There are 103 caste groups, 92 languages and dialects. In Nepal the word Janajati stands for the indigenous people's groups. The Nationality Act 2002 has given the definitions of indigenous and marginalized groups. There are 59 marginalized groups in Nepal. Bankariya, Kusunda, Raute, Thami, Chepang, Majhi etc. are some of the different marginalized communities. The problems and challenges faced by marginalized groups are the problems relating to their livelihood, lack of land ownership and possession, occupation, lack of access to justice, red tapism, low economic condition, unemployment, citizenship issues. The group concluded with the view that these problems should be addressed, with special political will and plans, strategies, to serve the same.

Sri Lanka

There are minorities in Sri Lanka; basically the Tamils and Muslims are the concerned minorities. Muslims have various groups of minorities within themselves. 10,000 minorities living in Colombo (capital of Sri Lanka) were taken by the government and made to live in the rural areas. This was a serious violation of the rights of the people, by the government. The state-level systematized violation of the human rights of the minorities, is a seriously condemned issue in Sri Lanka. Regarding the provision of election, the government made an agreement with the Tamil and Muslim community, it was agreed that whichever group got the majority of the votes, that group would get the post of the chief minister in the government. As a result of this, violence erupted, between these groups, as a competition to claim the post. And more serious of violation of the human rights occurred in the country. Intentional murders of the leaders of the marginalized groups, are also the issues, and the government is suspiciously viewed as the force responsible for further criminal acts as these. The custom of disappearance of the members of the marginalized groups is also popularly practiced. Whenever people talk about democracy and marginal people's rights, the government reacts negatively. Thus, it proves that the government is definitely not pro-human rights in Sri Lanka regarding the issue of marginal people's rights. Even the members, representatives of the marginal communities are not included in the vote-list. Women constitute 51% of population, but out of 221 members in parliament, only 13 members are women. So, women as marginalized section in politics face complex problems. Similarly, the issues of violence against women, particularly dowry system, are the continued practices in the name of culture that violates human rights of women. Child marriage is another area, especially practiced by marginalized groups, is really a problem. As a conclusion, it was said that the empowerment of individuals, provision of quota system in government, effective role of NHRC to monitor the violations occurring in Sri Lanka, guarantee of ESDR in fundamental rights, special conventions for IDPs, are highly recommended.

Thailand

Refugees problem is in the alarming position in Thailand, over 40 thousand refugees are residing in camp. But, Thai government does not have any programs for them. As their was a huge problem in Burma they also migrated to Thai, Stateless person is also another problem. They don't have citizenship and cannot enjoy right to freedom and if they want to go anywhere they have to take permission from the government. National racial minorities, indigenous people are also arising as problems. They don't have proper documents, so they cannot enjoy right to freedom, property, salary and so on. Constitution provides right to freedom but the government restricts anyone to criticize and go against the Buddhism. Muslim are in majority in many provinces in Thailand but they are not treated properly and equally. Muslim are taken as terrorist and these kinds of negative impression is published in newspaper also. So, Muslim often complain against these things. Abuse by security forces also targets the marginalized community and they suffer a lot. Medias are biased as they fail to highlight the problem of marginalized community. So, their problem is generally shadowed. There is increase in military budget but decrement in ESDR budget. Finally, to conclude, proper integration of government programs to address these problems, independence and recognition to these marginalized communities and possibility of autonomy and self governance are to be seriously taken as recommendations by the Thai government.

Comment by Mr. Pradeep Pathak

Once that we are familiar with the problems and challenges of the marginalized communities, of the different countries, it becomes important that we understand, we face similarities in the scope of problems. We expect concrete solutions, suggestions, and recommendations. Sri Lanka and Thailand were the only countries that attempted to provide some recommendations. The countries have not given enough analysis on the root cause of discrimination and exclusion. The rights-based approach of empowerment, rights as group identity, rights over land, territory, mother tongue, indigenous knowledge system are really significant to be taken as serious issues of concern. Based on these presentations, strategies have to be framed and identification of organizational need of the community should be done.

23rd Oct

Day VIII

Inclusivity in the System of Governance and Protection of Human Rights

Catherine Renshaw

The new ASEAN Human Rights mechanism and other regional mechanisms for the protection of Economic, Social, and Development Rights

The presentator talked about how the Human Rights Commission established in each countries help people realize their ESDR. The European, American and African continents have their regional human rights mechanisms, but it is indeed a sad plight that Asia doesn't have its own human rights mechanism. ASEAN has now initiated to attempt for a regional human rights mechanism to be established in Asia. We have heard that there is no universally accepted idea what human rights has and the human rights commission has to make people realize what human rights actually means. In 1993, Vienna Declaration has acknowledged that the countries have to establish themselves. But, even after so many years, nothing is sure as to what ASEAN should establish a mechanism, especially about the integrity of the commission. American Court of Human Rights, there was no agreement about what human rights commission should be like but, now it is a well-established system. Europe is a different and oldest story. The system in Europe got established immediately after the World War II, so, there was kind of clear idea about what human rights protection meant to the people. Development of a European Court of Human Rights was an attempt to protect Human Rights. In Africa, after the hardships experiences of colonization, and violation of human rights, and therefore they came up with an effective African charter, and has been operating well in the region. The pacific countries are talking about developing a human rights mechanism for themselves. Now, where the South Asian countries, as India, Nepal etc. can fit into is a serious question, and has to be thought about very crucially. The Asia Pacific region is a great stretch, that expands from Jordan to Fiji. So, whether a single human rights mechanism can fit all this region in Asia is another concern we have to look into. Regional human rights mechanism is definitely all that there is, as we also have national human rights commission. It has a very significant role to incorporate international human rights law in the domestic systems. The value of having a national human rights commission in the domestic jurisdictions has been truly increasing. United Nations in 1991, developed a set of principles to guide the national human rights institutions. These set of principles are called as the 'Paris Principles'. It includes that the institutions have their own budget, and the appointments of the members are neutrally done, not politically motivated. Thailand has a exemplary practice in this regard. A large committee is set up comprising civil society and all stakeholders to select worthy persons as the members of the commission. One of the important role of national human rights commission is to advise the government about the enforcement of human rights, especially in regards to the international obligations. In 1993, when the countries decided to translate the UN system of human rights into its own jurisdictions, there was a great flexibility adopted by each country to opt its own system, and the national systems flourished this way. Thailand, Indonesia and Malaysia in South East Asia have the commissions, in South Asia, Nepal, India, Sri Lanka have the commissions. The UN looks into the matter of whether the criterions have been met, while establishing the national institutions. In the west Asian countries as Jordan, the national human rights institutions have not been set up constitutionally. And the question of pluralism in the set up of these institutions has been raised, as the Islam-influenced system is largely dominant even in their human rights institutions. The session was concluded with the emphasis on the role of the Asia Pacific Region. The Asia Pacific region has to sit together and find out the best practices, and a common suitable system for all the countries. Another, big role of the Asia pacific region is that, it helps the national human rights institutions to establish a network, and work accordingly. The Asia Pacific region also develops a common international platform, like the UN.