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.