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CONTENTS
KSL: A seat of Global Learning ............................................................................................................................................................. 1
ESDR Overview ................................................................................................................................................................................. 3
1st Winter Residential School on Economic and Social Rights, and Good Governance - 2004-2005 .................................................... 5
2nd Winter Residential School on Economic and Social Rights, and Good Governance - 2005 ........................................................... 6
3rd Winter Residential School on Economic, Social and Development Rights, and Good Governance - 2006 ..................................... 7
4th Winter Residential School on Economic, Social and Development Rights, and Good Governance - 2007 ..................................... 8
5th Winter Residential School on Economic, Social & Development Rights, and Good Governance - 2008 ......................................... 9
6th International Residential School on Economic, Social and Development Rights, and Good Governancewith Special Reference to Emerging Issues - 2010 ............................................................................................................................. 11
7th International Residential School on Economic, Social and Development Rights, and Good Governancewith Special Reference to Law and Development - 2011 ..................................................................................................................... 13
Socio Economic Rights: A Brief Overview of The Existing Regime – Some Straws in the Wind (By Prof. R. Venkata Rao) ............. 17
Perspectives Reflecting Problems of Chronic Human Rights Violations (- By Prof. Dr. Yubaraj Sangroula) ........................................ 19
Shackles of chhaupadi system in Nepal (By Shubhas Bishwakarma) ................................................................................................ 21
Reflection ............................................................................................................................................................................................. 22
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Preface
ECONOMIC and social rights of people are directly concerned with development andbasic needs of human beings. Protection and promotion of such rights not only empowers
persons, but also contributes to the increased participation of them in political process andgovernance. Recognition and protection of economic and social rights is thus a prelude toconsolidation of inclusive democracy. Without recognition and protection of economic andsocial rights, civil and political rights are remaining meaningless, and vice versa.
The prospect for protection and promotion of human rights of people, the disenfranchisedgroups in particular, is unimaginable or unthinkable in absence of inclusive democracy, ruleof law and good governance. Safeguarding of basic liberties is possible only with equitabledistribution of development opportunities and resources, with priority to weaker sections. Ofcourse, the existence of every individual member in the group cannot be isolated from his/her group. The individualfreedoms and group rights co-exist and the recognition and protection of each contributes to create an environmentconducive for enjoyment of other.
When we look at the South Asian situation, socio-economic and political exclusion of the disenfranchised community isa serious problem. The vast majority of the population in and around this region is still deprived, exploited and alienatedfrom development opportunities. A significant number of children in these countries die of malnutrition and lack of accessto basic medical care. Many children are born defective simply because their mothers had no adequate nutritious food.Thousands of mothers die due to unavailability of obstetric and maternity services during pregnancy and child birth. Alarge part of the child population is deprived from educational opportunities and thus they are compelled into the labormarket. Child marriage is still a problem, and, most seriously, the sexual violence and exploitation of adolescent girlsand women is a serious problem. Safe drinking water and the tolerable standard of living is still a myth for millions. Theoverwhelmingly larger part of the population in this region and its surrounding countries is economically poor, sociallyexcluded and politically suppressed. While China and India have boosted up their economy and the gross nationalincome, the benefit of the economic development is still far from reach of the rural poor people. The larger part of the GDPin all these countries goes to a smaller group, pushing the majority population towards marginalization. Hence, in-depthanalysis and discussion on such issues is thus necessary.
Kathmandu School of Law (KSL) has been playing a crucial role in promoting advocacy of indivisibility of human rightsfor the last seven years. It believes that the prospect of good governance can be enhanced by promoting economic andsocial rights along with civil and political rights. The protection and promotion of human rights is inseparably related withthe good governance and devolution of powers and vice-versa. While the consolidation of good governance strengthensthe prospect of respect for human rights, the later significantly contributes to ‘democratize the government institutions’.With this view, KSL has been organizing this ‘residential school for students’ and ‘interactive dialogue of professors’ oneconomic, social and development rights, and good governance for the last five years. Since 2005, this school has beentransformed into a platform of law scholars and professors from South Asian region. In 2007, the scope and modality ofthe program was significantly extended with participation of representatives from South Asia, South East Asia, andAfrican countries.
The platform provides an opportunity for young law scholars and professors to deeply understand the significance ofeconomic and social rights and their relationship with good governance in order to address the problem of exclusion ofvast majority of population in the region. The mission is to generate a new leadership for the ‘system of governance’ and‘institutional capacity building to protect the rule of law and human rights’. The program sincerely commits to develop aculture of human rights and democratic functioning of the governance, with special care and protection of marginalizedand disenfranchised groups.
I am confident that the program will be able to ‘create a linkage between the democracy and need of economic and socialtransformation of the society’. It will also be helpful to import best practices of other countries in this regard, and in themeantime will provide an opportunity to learn from their problems and experiences. At the meantime, I take theopportunity to share my impression that funding agencies are more focused on the enforcement of civil and political rightsand are not found positive to support the activities to promote the socio-economic and development rights. But, civil andpolitical rights, I believe, are meaningfully enforceable only if the economic and social rights are respected, recognizedand protected.
Prof. Dr. Yubaraj SangroulaProf. Incharge
IT IS our great pleasure to step on the 7th year of InternationalResidential School on ESDR. This School is an attempt of
Kathmandu School of Law in collaboration with severalcounterparts in South Asia and surrounding countries to addressthe congenitally defective notion of human rights jurisprudencethat bifurcates freedom and development, i.e. the division ofcivil and political and development rights in broader term. Thisschool is a diploma course and has been significantly popularamong scholars in Nepal and beyond. It is a platform whereacademia, development workers, government policy makersand civil society members engage in teaching human rights andits linkages with development, governance system, rule of lawand democracy in an empirical setting. In the past seven years,over 250 students from Nepal and other South Asian andsurrounding countries have benefited from this school.
This school will attempt to address issues of human rights inholistic perspective, that is to say that human rights are taken asan integrated instrument of promoting and protecting human dignitywith special focus on poverty as a serious cause of violenceand human rights violation. This year the school has taken upthe issue of law and development and its impact on lives of vastmajority of poor people. The core goal of the school in this yearis to provide inputs to the stakeholders concerning developmentas a right of people and foundation of sustainability of democracy.Since the school believes on indispensability of freedoms anddevelopment as its core belief, the outputs generated in thisregard will be helpful to make the Constitution, laws and policiesmore meaningful in this region.
At this juncture, I would like to express my sincere thanks to allthe participants and resource persons for their encouraging andoverwhelming interest and support to participate and contributein the School. I am grateful to the Danish Institue for HumanRights, Danida/HUGOU, Center for Legal Research andResource Development and the University Grants Commissionfor their financial support and cooperation to organize the course.I believe, their contribution is not only commendable but alsosubstantive in promotion of democracy and human rights inNepal and beyond.
Assoc. Prof. Geeta Pathak SangroulaExecutive Director
Message
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INTERNATIONAL Winter School on ESDR is turning toits 7th year. Despite its infancy ESDR Winter School has
been able to generate profound interests among students,teachers, judges, lawyers, researchers and other groups ofpeople across the regions of Asia and beyond Asia. This isa welcome development for millions of those who areimprisoned in poverty and to whom human rights especiallysocio-economic rights are capturing golden deer.
Although human rights are the most fundamental requirementsfor a fully human life and only the human rights language canadequately convey what is at stake when human dignityand freedom are challenged, yet socio-economic rights havebeen trapped into Fundamental or Directive Principles ofnon-justciable part of the national Constitutions in Asia. Inmany countries of South Asia, good governance hardlytravels beyond paper document or academic discussions.Good governance and human rights are not only inextricablylinked; they are also interdependent and mutually reinforcing.Good governance through certain defined standards enablescitizens to enjoy human rights. On the other hand, humanrights are measures to test the legitimacy of the governance.Therefore, a problem of good governance is also a threat tohuman rights.
I feel extremely privileged for being a part of ESDR Schoolfrom its very inception. I am proud to see that ESDR Schoolhas been successful in capturing the attention and imaginationof a broad cross-section of people. This is a hopeful sign tomobilize social forces to ensure that human rights laws andpolicies are put not only in place but also into practice.
Professor Md. Zakir HossainDean, Faculty of LawUniversity of Chittagong &Member, Bangladesh Judicial Service Commission
Message
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KSL: A seat of Global LearningKSL: A seat of Global LearningKSL: A seat of Global LearningKSL: A seat of Global LearningKSL: A seat of Global LearningKathmandu School of Law (KSL) wasestablished in 2000 AD in affiliation to PurbanchalUniversity, a state University. It is an emerginginstitution pioneering in the field of legal educationand is dedicated to maintain high standards ofacademic excellence. Its prime objective is toaddress the need of an academically sound andpractically feasible legal education in Nepal. Itmarks a paradigm in modern methodologicalteaching to generate future leadership in field of lawand justice with special focus to work for the interestof the community. The school with its concretefoundation of effective management body andcomposite teaching personalities has been amotivating center for effective learning, innovativepractices and substantial research. It keeps its firmcommitment on serving students of diversebackgrounds who seek a quality and competentlegal education inside the country.
Mission StatementKathmandu School of Law is committed to achieveexcellence in research and academic scholarshipsin the field of law and justice and to reflect this inhigh - quality teaching and learning programsdesigned to meet the educational and vocationalneeds of its members.
Features Participatory and pragmatic way of teaching Interdisciplinary forward-looking curriculum with
wide subject areas that is competitive to othercountries
Institution to generate lawyers as socialengineers who are committed to work for theircommunity and nation at large
Safeguarding unique values of indigenous legalsystem by generating trained legal resourcesavidly within the country
KSLKSLKSLKSLKSLKathmandu School of Law
Purbanchal University, Nepal
Strong nexus with many law schools abroadhaving frequent exchange programs of teachingfaculties and students
Students’ participation in national andinternational debate programs, regional andinternational moot court programs, symposiumand residential programs with records ofrewards and academic excellence awards
Secretariat of South Asian Law Schools Forumfor Human Rights (SALS FORUM).
Academic ProgramA) LL.B. ProgramB) LL.M. ProgramC) M.A. ProgramD) B.A. LL.B. ProgramKathmandu School of Law offers five years LL.B.,two years LL.M programs and from this year fiveyears B.A. LL.B. program has been initiated. Italso offers one year interdisciplinary masters’ degreein Human Rights and Conflict and InternationalHumanitarian Law. Prime objective of the programsis to generate proficient and qualified professionalsto cater the need of specialized human resources invarious areas of law in the nation.
Clinical Legal Education ProgramKSL runs clinical legal education program via twoclinics: Women Victims Legal Aid Clinic andPrisoners Legal Aid Clinic. The program providespro-bono legal counseling and representation to theindigent persons. Major components of the programincludes, Internship at Supreme Court; Legal aid
for women, marginalized and victims; and Childrights advocacy and legal aid. Students participatein the program as interns and Juniors to legal aidlawyers.
LibraryThe Library of the school is one of the extensiveand well equipped law libraries in Nepal. It inhouses about 19,000 resource materials includingmonographs, research reports, books, journals,periodicals, and other unpublished documents.
Child Right Research and ResourceCenterChild Rights Research and Resource Center (KSLChild Rights Center) aims to strengthen researchand sharing of information in the issues of child
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rights at national as well as regional level. Theprimary objective of the Center is to build a competentrights regime in Nepal (and South Asia region) byestablishing a capable institution to generate humanand intellectual resources pertaining to child rights,development and psychology.
The Center has been established as an outcome ofthe commitment of different like minded institutionsto work as joint venture to protect and promote childrights and access to justice. Save the ChildrenNorway, Save the Children Sweden, UNICEF,Tdh Nepal, and CeLRRd deserve credit to initiatethis important mission.
Community Outreach ProgramKSL has engendered the concept of ‘engagedlearning’. Students are encouraged to learn byobservation and critical analysis. Students’involvement in community outreach programs such
national and international institutions. Nationaldignitaries, diplomats, ambassadors are invitedfrequently to interact with faculty and students andto share their views on the situation of the country.It provides a platform for students to learn aboutforeign affairs and international impression towardsthe country.
Promotional ProgramsBesides launching academic programs, KSL alsoworks as implementing body of different promotionalprograms that come under promotion of democracy,human rights, and rule of law, in partnership withdifferent national and international civil societyorganizations. Students work as researchers andinterns in such programs.
Moot Court RoomThe school has constructed a well-setup court roomfor a simulation exercise on cases. Moot courtpractice is the important method of teaching law toprepare students for competent advocacy. This mootcourt room has been dedicated to learned advocateand judge Lava Dev Bhatta.
Online Internet Resource CenterAn online internet resource center has been a priorityconcern of KSL to provide students an internet facilityencouraging them to carry out online research as apart of their regular curriculum. The center assistsstudents in learning through web by involving them
into online legal research method.
A Networked Asia-Pacific Master’sDegree in Human Rights andDemocratizationKSL had launched a networked Asia- PacificMaster’s Degree Course in Human Rights andDemocratization in partnership with the Universityof Sydney to strengthen the framework for theprotection of human rights, justice and the rule oflaw in the Asia-Pacific region and to promotedemocracy in the region. The ultimate objective ofthe Course is to ensure the protection and enjoymentof human rights by all the people in the region withoutdiscrimination along with the strengthening of theframework of democracy.
as conducting field study, involving in publicawareness campaign and legal aid activities areprioritized along with regular class lectures.
Guest Lecture ProgramsKSL maintains a practice of organizing a series ofSpecial Lectures inviting dignitaries from reputed
Kathmandu School of Law (KSL) has beenplaying a crucial role in promoting advocacy ofindivisibility of human rights for the last eight years.It believes that the prospect of good governancecan be enhanced by promoting economic and socialrights along with civil and political rights. Theprotection and promotion of human rights isinseparably related with the good governance anddevolution of powers and vice-versa. While theconsolidation of good governance strengthens theprospect of respect for human rights, the latersignificantly contributes to democratize thegovernment institutions.
With this view, KSL has been organizing residentialprograms for students and interactive dialogue ofprofessors on economic and social rights and goodgovernance. Since 2005 the program has beenorganized in coordination with SALS Forum andhas been transformed into a platform of law studentsand teachers from South Asian region and abroad.The platform provides an opportunity for young lawstudents and teachers to deeply understand thesignificance of economic and social rights and theirrelationship with good governance in order toaddress the problem of exclusion of vast majorityof population in the region. Programs in the pasthave made significant outcomes, which can beoutlined as follows:
Students have developed a tremendous senseof social responsiveness, and pro-activismtowards protection and promotion of socio-economic rights of people. This has beenevident from the enthusiasm of students toparticipate in civic education of grassrootscommunities. In 2005, KSL students organized
a series of activities such as research on socialresponsiveness of the media in Nepal,democracy orientation for secondary schoolstudents, filing of public interest litigation againstexploitation of child workers, and the educationof youths and students on constituent assemblyto name a few.
KSL students have been generating anenvironment conducive for enrollment ofincreased number of dalit and othermarginalized students in legal education. Theyhave been helping to establish scholarship fundsand raise financial support.
A regional hub of law students, faculties andrights activists has been established throughESDR Alumnus, which will be beneficial forregional collaboration on promoting socioeconomic and development rights, and goodgovernance.
ESDRESDRESDRESDRESDREconomic, Social and DevelopmentRights and Good Governance
Overview
OBJECTIVEThe residential school was expected toaddress the following objectives:
Promotion of increased regionalacademic and professionaldiscussions on issues of goodgovernance and its relation witheconomic, social and developmentrights;
Promotion of research andconsistent dialogue on human rights(economic and social rights inparticular), inclusive democracyand good governance in academicinstitutions in the region targetingstudents, faculties, governmentexperts and activists at the SouthAsian regional level;
Development of a regional platformfor academics and professionals fordiscussion on human rights(economic and social rights inparticular), inclusive democracyand good governance;
Enhancement of intellectual capacitybuilding and human resource onthese issues, with a view to assistin the process of constitution makingin context of Nepal.
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The ESDR Alumnus was formed in 2006 taking the responsibility toassist to organize the residential programs for the following years.Members of the Alumnus are as follows:Mr. Ankit Jain, India ChairpersonMr. Rataphum Bausumlee, Thailand Vice-PresidentMs. Reena Pathak, Nepal TreasurerMs. Sabrina Ali, Bangladesh SecretaryMs. Zhu Li, China, MemberMr. Farooq Azam, Pakistan MemberMs. Nima Om, Bhutan Member
ESDR ALUMNUS
Selection of the Participants:Law students from South Asian region or abroad, who haveinterest in the area of human rights and good governance areeligible to apply for the course. Additionally, interested personnelof legal field, individual or representative from the institutionsworking in the related area are also encouraged to apply.
Selection of participants is carried out on the basis of theirknowledge, interest, and motivation on the course.
Curriculum:In depth and extensive curriculum is developed by experts invarious aspects of socio economic and development rights, andgood governance. The curriculum is designed as a short termdiploma course.
Course Registration:Registration fee forNepalese Participants : NRS. 7000International Participants : $ 150
Resource Persons:National and International experts on socio economic rights andgood governance facilitate the program. Experts and advocatesworking for the vulnerable groups from rights and rule of law-based approach are invited for the program.
Logistic Arrangement:Expenditure on accommodation and food for participants duringthe program period is borne by the organizer. The organizer makesarrangements for the field research, meetings and other visits thatfall under purview of the program. No extra cost is levied fromparticipants.
The organizer bears travel expenditure of the expert and disbursethe moderate remuneration for his/her service. It arranges localtransportation, accommodation and food for them accordingly.Participants shall bear their travel expenditure by themselves.Organizer will not be responsible to pay their personal bills andusages.
Course Certification:Participants are certified for participating in the residential school atthe end of the program. Selected students from final evaluation ofthe program are granted ‘Diploma Certificate’.
Methodology: Preliminary Orientation Field Research Country Presentation by Students and Comments from
Professors Workshop Discussion and Presentation of Findings Plenary Expert’s Presentation/ Brainstorming Interaction and Discussion Group Exercise Preparation of Report/ Charter Moot Court Competition Examination and Evaluation Elocution
Available Facilities:Residential school serves with library facilities with books andreference materials on the related issues. It also provides anonline internet facility for the participants. First Aid is always atparticipants’ disposal.
IMPRESSION AND EVALUATION OF THE COURSE:The Course is first of its kind in the South Asian region as well as in the surroundingcountries. It has been viewed extremely important in providing an international forum formany Nepalese faculties as well as students to test their ability and expertise. In contextof Nepal, the Course has developed the confidence of KSL to organize and work as aleading institution in the region and surrounding countries on issues of economic andsocial justice, good governance and rule of law.
Productivity of the Course has been established by the following evaluation tools:
a. Participatory Survey by the Participants: At the end of the program, all participantsare given opportunity to evaluate the standards, quality and relevance of the Course.The analysis of the impressions of the participants establishes that the Course hasplayed a significant role in enhancing the understanding about the several issuescovered by the Course.
b. Graphic evaluation of theindividual participant presentshis/her specific contribution inthe interactions andworkshops.
c. The “Moot Court”Competition provides anopportunity to judge theknowledge of the participantson the practical skill ofmooting and courtprocedure.
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A regional forum to promote study on Economic, Social and DevelopmentRights and Good Governance has been established. The forum is the first of itskind in the region and surrounding countries. It has been catalytic to bring anumber of law professors specializing on economic and social rights and goodgovernance, and experts working for the vulnerable groups from good governanceand rule of law-based approach. The forum has been proved crucial to gather anumber of experts of the region and share experiences in this area.
A regional network of law faculties, experts, students and rights advocates hasbeen constituted to address the following objectives:- Building awareness on the economic and social justice to vulnerable
groups as a milestone for sustaining democracy.- Developing a network for continuous communication and collaboration on
issues of good governance and rule of law by exchanging information andexperiences in respective countries.
- Creating a pool of experts on the issues of economic, social and developmentrights and good governance.
- Generating funds for sustainability of the course in future.- Launching publication on the given areas of issues.
A comprehensive compendium on Economic Social and Development Rightsand Good Governance has been developed that includes research reports,articles and workshop proceedings. This compendium is expected to providerich resource materials for understanding of economic, social and developmentrights and good governance. This will also provide resource materials for thecourse in future.
This Residential School has enhanced the capacity of KSL as a center for in-depth study and research on issues of economic, social and developmentrights as well as good governance.
Importantly, the School has provided a rich input to the process of transformationof the Nepalese society. The problems faced by people in relation to theeconomic and social justice as well as good governance and the interventionsdesigned by the Course to address such problems will provide a rich insightsfor the Constituent Assembly while making the new constitution in Nepal.
ACHIEVEMENTS
Program OverviewThe 1st Residential School provided a national forumto the students of KSL to interact on the manifoldissues of economic and social rights and goodgovernance amidst renowned experts of the country.The program was scheduled for five working daysstarting from 7th of January 2005. Selection ofparticipants and preliminary orientation was held inthe end of December 2004. The program aimed ateducating students about the interrelationship ofeconomic and social rights with good governancewhich forms the foundation of democracy andwelfare state. Theoretical aspects of the issues werediscussed followed by the interactions, groupdiscussions and presentations.
The following areas were covered : Concept of Universality of “Human Rights”. Position of Economic and Social Rights:
Interrelationship of “Good Governance andEconomic and Social Rights”
Devolution of Powers and Concept ofSovereignty of People as an IndispensableBasis for Enjoyment of Economic and SocialRights by People’
Extension of the “Concept of Rule of Law” andits implication in Ensuring “Good Governanceand Enjoyment of Economic and Social Rights”
Globalization & Privatization, andMarginalization of Peoples of Least DevelopedCountries.
At the end, participants were encouraged to developa Charter of Fundamental Rights of People ofHimalayan Kingdom of Nepal and Structure of theGovernment and Its Mechanisms. Not only thatParticipants also expressed their commitment tocontinue the initiatives on these issues as a part oftheir special project “Activism though AcademicPursuit.” Civic education in grassroots community,research on social responsiveness of the media inNepal are few other efforts made as part of thisproject.
Certification and AwardCertificate of participation was distributed to allparticipants on the final day of the ResidentialSchool. Award entitled Nation’s Future HumanRights Lawyer was given to Ms. Samikshya
Baskota for her best performance in the program.
ParticipantsAll together there were 30 participants and all ofthem were from Nepal. Seven participants werefrom LLM program where as remaining were fromLLB program.
Out putThe participants developed a new Charter ofFundamental Rights of the Kingdom Of Himalaya .
Winter Residential School onEconomic and Social Rights,and Good Governance - 2004-200511111ststststst
Date : 7 Jan - 11 January 2005Venue : Nagarkot, Nepal
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Program Overview2nd Residential school was organized jointly byKSL and SALS Fourm.The program developedseven days learning course schedule starting from18th October 2005. SALS Forum developed thecurriculum for the program and identified participantsand resource persons. This year marked thebeginning for regional participation from threecountries viz. India, Nepal and Bhutan.
The following areas were covered :
Empirical Study on the Situation of Socio-Economic Rights in Rural Villages
Position of Economic and Social Rights:Interrelationship of “Good Governance andEconomic and Social Rights” of the research tothe participants
Concept of Universality of “Human Rights”.
Devolution of Powers and Concept ofSovereignty of People as an IndispensableBasis for Enjoyment of Economic and SocialRights by People’
“Concept of Rule of Law” and Its Implication inEnsuring “Good Governance for the Enjoymentof Economic and Social Rights”
Impact of Globalization and Privatization inEconomic and Social Rights of People inDeveloping Countries
The program adopted clinical methods of learninggiving ample opportunity of participation. Team work,presentation and discussion were the prime modeof learning through out the program. Participantsalso conducted field research in different villagesnear Nagarkot VDC. Participants developed a
Charter of the Fundamental Rights of HimalayanKingdom as to recognize the enforceability ofeconomic, social and cultural rights which is thefundamental rights of the citizen in the Constitutionof the country and also the democratic frameworkof governance.
Certification and AwardCertificate of participation was distributed to eachparticipant on the last day of the Residential School.
Ms. Antara Singh and Mr. Barun Ghimire fromLL.B first year bagged award of “Nation’s FutureHuman Rights Lawyer”.
ParticipantsThere were 31 participants in total, among them 2were from Bhutan, 2 from India and 27 from Nepal.
Notable Output Charter of the Himalayan Kingdom of Nepal,
Structure of Government and its Mechanismincluding Economic Development Package
2nd Winter Residential School onEconomic and Social Rights, andGood Governance - 2005 Date : 18 - 24 October, 2005
Venue : Nagarkot, NepalParticipating Countries: India, Nepal, Bhutan
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Winter Residential School onEconomic, Social and DevelopmentRights, and Good Governance - 200633333rdrdrdrdrd
Date : 28 Dec. - 12 January, 2006Venue : Nagarkot, NepalParticipating Countries: India, Bangladesh,Bhutan, Nepal, Pakistan, China and Thailand
Program Overview3rd Year Residential School was unique andsignificant in multiple aspects. From this year theSchool was able to gain the status of internationalprogram with increasing number of participatingcountries and wide-ranging curriculum. Curriculumwas developed considering the credit hours andhence the program was acknowledged as ShortTerm Diploma Course. Joint effort of SALS Forumand KSL promoted the liaison between differentlaw schools in Asia and abroad which contributedin increasing number of participants from differentcorner of the world. National and internationalexperts and resource persons were also identifiedand invited to facilitate the sessions.
With the focused discussion on economic socialand development rights of marginalized anddisenfranchised community, the program wassuccessful in understanding and critically analyzingthe deepening factors and specific issues of socioeconomic and development rights of those groupsand situation of good governance of the participatingcountries. Identifying the specific problems andSWOT of the respective country, the programexplored solution at national as well as regionallevel.
Additionally, the program was divided into differentsessions apart from lectures and presentations:
The program was also significant in forming theESDR Alumnus.
Field research was conducted in different places ofNagarkot VDC to explore the situation of goodgovernance and the problems being faced by rural,and marginalized communities.
Participants went to the ‘Youth Forum Program’, ofthe Nepal Television Metro Channel to voice their
opinions on the topic ‘Opportunity for the Youths inthe Promotion of Socio-Economic Rights and GoodGovernance’.
Certification and AwardFinally, the entire program was concluded withclosing ceremonies and awards distribution. Mr.Rataphum Busumlee, participant from Thailandbagged the ‘Academic Excellence Award’ whileMs. Zhu Li, participant from China, received the‘Fellowship Award’ and Mr. Abishek Gazmere fromKSL bagged “ Best performance Trophy” for theregional Elocution competition. The distribution ofparticipation certificates and token of memoirs wasalso awarded to all the participants. 21 participantshad been successful in acquiring ‘Diploma’certificates in the program.
ESDR AlumnusThe Alumnus was formed taking the responsibilityto assist to organize the residential programs for thefollowing years.
Participants for the ProgramThere were 38 national and international participantsin the program. Among them 4 were fromBangladesh, 2 participants from Bhutan, 1 fromChina, 5 participants from India, 1 from Thailand , 1from Pakistan and 24 participants from Nepal.
Output: ESDR alumnus was formed taking the
responsibility to assist to organize the residentialprograms for the following years.
Program was developed as the short termDiploma Course.
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Winter Residential School onEconomic, Social and DevelopmentRights, and Good Governance - 200744444ththththth
Date : 22 Sept. - 5 Oct. 2007Venue : KSL & Telkot, NepalParticipating Countries: India, Bangladesh,Nepal, Bhutan, Cambodia, China and Malawi
Program Overview4th Residential School followed the modality of thirdResidential School. The program was conductedwith the theme of economic social and developmentrights of women, marginalized and endangeredcommunity and good governance. The year wasable to expand the dimension of the program withparticipants from African continent. The platformserved to be the significant international forum toshare the experience of many countries and learnbest practices. The forum was also significant topromote discussion on exclusion of disenfranchisedcommunities and its resultant impact on democracy.Discussion was particularly focused on the need ofaddressing the problem of socio-economic exclusionof vast majority of population in the developingcountries, which collectively constitutes thedisenfranchised condition.
Field research was conducted in different places ofNagarkot VDC to explore the situation of goodgovernance and the problems being faced bywomen and marginalized communities.
Participants visited National Judicial Academy andNational Police Academy to learn the activities andinitiatives of these institutions in ensuring socioeconomic justice of the people.
Certification and AwardThe entire program was concluded with closing
ceremony and award distribution. Ms. NishikaSharma from KSL bagged the ‘AcademicExcellence Award’, Mr. King Norman Rudi,participant from Malawi, received the ‘FellowshipAward’ and Ms. Swechya Ghimire from KSLbagged ‘Best Performance Trophy’ for theInternational Elocution Competition.The participationcertificates, and token of memoirs was alsodistributed to all the participants. 21 participants hadbeen successful in acquiring ‘Diploma’ certificatesin the program.
Participants for the Program:There were 45 national and international participants
in the program. Among them 4 were fromBangladesh, 2 participants from Bhutan,1 fromCambodia, 1 from China, 4 participants from India,2 from Malawi and 31 participants from Nepal.
Output: Program was concluded with field research,
roundtable discussion, and interaction withambassadors.
The platform served to be the significantinternational forum to share the experience ofmany countries regarding socio economicconditions.
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Winter Residential School onEconomic, Social & DevelopmentRights, and Good Governance - 200855555ththththth
Date : 16 October - 7 November, 2008Venue : Telkot, Bhaktapur, NepalParticipating Countries: India, Nepal,Thailand, Bangladesh, China, Sri Lanka
IntroductionKathmandu School of Law (KSL) successfullyimplemented the 5th ‘International Residential Courseon Economic, Social and Development Rights, andGood Governance’ from 16 October to 7 November,2008 in cooperation with South Asian Law SchoolsForum for Human Rights (SALS Forum) and co-funding by Danish Institute for Human Rights (DIHR).The primary goal of the Course was to provideopportunities for law faculties, students and rightsadvocates to address the issues of inter-relationshipbetween economic, social and development rightsand good governance with special focus toconstitution making in developing countries.
A group of 50 law teachers, students and rightsadvocates from Bangladesh, China, India, Nepal,Srilanka, Sweden/Morocco and Thailandparticipated in the Course. Professors fromBangladesh, China, India, Japan and Nepalconducted the Course as residential resourcepersons. Professors and experts from Australia andexperts on good governance working in differentdevelopment agencies in Nepal also providedclasses as resource persons.
AchievementsA regional forum to promote study on Economic,Social and Development Rights and GoodGovernance has been established. It has beencatalytic to bring a number of law professorsspecializing on good governance and rule of lawperspectives and experts and advocates workingfor the vulnerable groups from good governance
and rule of law-based approach. The forum wasproved crucial to gather a number of experts of theregion in this area.
A regional network of law faculties, experts, studentsand rights advocates has been constituted to addressthe following objectives:
Building awareness about the economic andsocial justice to vulnerable groups as a
milestone for sustaining democracy. Developing a network for continuous
communication and collaboration on issues ofgood governance and rule of law by exchanginginformation and experiences in respectivecountries.
Creating a pool of experts on the issues ofeconomic, social and development rights andgood governance.
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Generating funds for sustainability of the coursein future.
Launching publication on the given areas ofissues.
Providing a mechanism to select resourcepersons and participants for the course.
A compendium on Economic Social andDevelopment Rights and Good Governance hasbeen developed which includes overview ofeconomic, social and development rights, and goodgovernance and information about the courseobjectives and proceedings. This compendium isexpected to provide resource materials forunderstanding of economic, social and developmentrights and good governance. This will also provideresource materials for the course in future.
This platform has enhanced the capacity of KSL asa center for in-depth study and research on issuesof economic, social and development rights as wellas good governance.
Finally, the platform has provided a rich input to the
process of transformation of the Nepalese society.The problems faced by people in relation to theeconomic and social justice as well as goodgovernance and the interventions designed by theCourse to address such problems will provide arich insights for the Constituent Assembly whilemaking the new constitution in Nepal.
Participants for the ProgramThere were 46 national and international participantsin the program. Among them 3 were fromBangladesh, 1 participants from Sri Lanka , 2 fromChina, 4 participants from India, 3 from Thailand , 1from Pakistan and 32 participants from Nepal.
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International Residential School onEconomic, Social and DevelopmentRights, and Good Governance withSpecial Reference to Emerging Issuesof Human Rights – 2010
66666thththththDate : 21st October to 14th November 2010Venue : Telkot, Bhaktapur, NepalParticipating Countries: Nepal, India, China,BangladeshOrganized by: Kathmandu School of Law (KSL)In Technical Cooperation with South Asian Instituteof Legal Studies (SAILS)In Association With:- CeLRRd, - DIHR, -DanidaHUGOUIntroduction
Kathmandu School of Law (KSL) successfullyimplemented the 6th ‘International Residential Courseon Economic, Social and Development Rights, andGood Governance with especial reference toemerging issues of human rights” from 21st Octoberto 14th November, 2010 in technical cooperationwith South Asian Law Schools Forum for HumanRights (SALS Forum) and in association withCeLRRD, Danish Institute for Human Rights (DIHR)and DanidaHUGOU.
The primary goal of the Course was to provideopportunities for law faculties, students and rightsadvocates to address the issues of inter-relationshipbetween economic, social and development rightsand good governance with special focus toemerging issues of human rights.
Inauguration programThe inaugural session of the 6th InternationalResidential School on Economic Social andDevelopment Rights and Good Governance withspecial reference to Emerging Issues was held on21st October at the Conference Hall of KathmanduSchool of Law.
The residential school was inaugurated by ChiefGuest Mr. Gauri Pradhan, Member of NationalHuman Rights Commission (NHRC)–Nepal, whilethe Chairperson of the inaugural wasProfessor Madhav Pd. Acharya, Professor In-Charge of KSL, Prof. Dr. Yubaraj Sangroula,Executive Director, KSL; Professor ZakirHossain, Dean, Faculty of Law, ChittagongUniversity, Bangladesh and Member of BangladeshJudicial Service Commission were present in theprogram.
traditions) Dichotomy between Civil and Political Rights
and ESDR and State Obligations: Myths andRealities
Concept of Development and Right Democracy, Vulnerable Groups and ESDR Right to Self Determination: Meaning, Concept,
Evolution and Scope in Context of CERDwith reference to UN Standards & ICJJurisprudence
ESDR, Gender and linkage between goodgovernance and socio economic anddevelopment rights (Roles and Responsibilitiesof INGOs and NGOs
Workshops and Symposium Workshop I: Identification of the common
challenges and prospects and collaboration toaddress the problems
Workshop II: Inclusiveness and GoodGovernance to promote Economic, Social andDevelopment Rights
WORKSHOP III: Innovative Writing on theRight to Self Determination and IndigenousCommunities
SYMPOSIUM I & II : Problems and SecurityChallenges in Post Conflict Societies in theContext of Good Governance and Protectionof Human in Participating Countries
Field ResearchField research was conducted in Melamchi on thefive thematic issues relating to socio economicrights. Researches were done by students onhealth, community forest, human trafficking,education and water supply project of Melamchi.
The participants in each thematic issue came up
Themes covered Economic and Social Rights: Concept
and Evolution (Includes concept of socialand economic well being in ancient
Cultural Relativism: Myth and Reality Human Rights and Development Situation and Challenges associated with
Economic Social Rights Challenges and Prospects of Economic and
Social Rights Nexus of Development, Democracy and
Social Justice: Developing Countries’Situation- Where are we failing?
Linkage of Human Rights Good Governanceand Democracy
Economy, Security and Human Rights Enforcement Situation and mechanisms of
Economic and Social Rights Linkage of Economic and Social Rights and
Development WTO & ILO’s Roles and Responsibilities for
the promotion of ESDR
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with the following ideas; Women lack nutritious food during pregnancy.
State need to ensure health facilities along withregular check up.
The enrollment of girls in school is more thanboys.
The facilities like library, books are wellmanaged in the school. The students werefound to use the resources in library donatedby KSL.
The Melamchi Drinking Water supply projecthas satisfactorily addressed the needs of thelocal inhabitants. Employment opportunity,construction of schools, health post is some ofthe outcomes of the project.
Community forestry has positively impactedin the life of the people. People in the localitycan have access to firewood, medicinal plantsfrom the community forest. They don’t need tospend much time walking for firewood andother products from forest.
Certificates and AwardsFinally, the entire program was concluded withclosing ceremony and award distribution. Ms.Huang Xianjing participant from China bagged theAcademic Excellence Award and First prize ofElocution was shared by Ms. Huang Xianjing andMs.Ankita K.C. The distribution participantscertificates and token of memories were awardedto all 33 participants and 18 participants were able
to receive diploma certificate in the program.
AchievementsThe program was successful to promote interactivedialogue among academics, which is believed tocontribute to bring about changes in the stereotypicalnotion of justice in Nepal. These interactionscontributed to generate sensitivity towards needsand issue of economic and social justice forsustainability of democracy in South Asian countries.The program has tremendously helped theNepalese lawyers and academics to deeply thinkabout the need of restructuring of the state’s policiesand institutions from the perspective of inclusion. Inaddition, the dialogue has significantly helped to:
Deepen the understanding of rule of law, goodgovernance and democracy, with focus onaccountability of government system;
learn from success and failure stories of othercountries, and thereby contribute to discussionon possible approaches, and contents to befollowed while guaranteeing economic socialand development rights;
Enhance the quality of empirical research ofstudents and academics on socio-economictransformation and inclusive democracy.
Giving opportunity for scholars and professors todeepen the understanding of interrelationship andinterdependence of economic and social rights anddemocracy is expected to create far-reaching impact
BANGLADESH1. MD. Saimum Reza Talukder2. Sushmita Ahmed3. Nabila Farhin4. Badsha Mia5. Mr.Rezaur Rahmen LeminCHINA6. Huang XianjingINDIA7. Jesmita GautamNEPAL8. Arati Shrestha (B)9. Lalita Shrestha10. Anita Jadhari11. Sarala Shrestha12. Radhika Suwal13. Prabindra Joshi14. Kriti Singh Bhandari15. Sunil Suwal16. Ram Chandra Gautam17. Rita Sherpa18. Maunata Dhaubanjar19. Prakash Dhaubanjar20. Nishani Singh Thakuri21. Dhanga Rupa Dahal22. Shradha Atreya23. Ankita K.C.24. Ranjeeta K.C.25. Kamana Neupane26. Shruti Gautam27. Gyanu Gautam28. Binita Pandey29. Nirab Gyawali30. Isha Subedi31. Jyoti Singh Bhandari32. Ranjeeta Silwal33. Jyoti Mainali
PARTICIPANTS
in the days to come. This understanding has helpedto relate legal education to the community needs,and development issues. Thus this program hasgenuinely interlinked the legal education to theservice of the disenfranchised communityparticularly in the issue of social security. Mostimportantly, this program has contributed to linkhuman rights issues with governance structure,accountability of political system and social security.
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77777ththththth7th International Residential School on7th International Residential School on7th International Residential School on7th International Residential School on7th International Residential School onEconomic, Social and Development Rights, andEconomic, Social and Development Rights, andEconomic, Social and Development Rights, andEconomic, Social and Development Rights, andEconomic, Social and Development Rights, andGood Governance with Special Reference to LawGood Governance with Special Reference to LawGood Governance with Special Reference to LawGood Governance with Special Reference to LawGood Governance with Special Reference to Lawand Development – 2011and Development – 2011and Development – 2011and Development – 2011and Development – 2011
Date : 4 – 24 December 2011.Venue : Telkot, Bode, Bhaktapur, Nepal
BackgroundFreedom and development, for overall humansecurity, are not only inseparably aligned butmutually respective, reinforcing andinterdependent. In his important work,Development and Freedom, Amaratya Sen haslucidly presented the linkages betweendevelopment and freedom for rescue of peoplefrom a state of poverty and deprivation. Want orfailure of one will automatically affect the postureof other. The truth of the theory in the presentworld order has empirically been established. Nodemocracy can thrive in absentia of economicand social development and vice versa. Nodemocracy can be consolidated andinstitutionalized in developing countries inabsence of economic and social transformation ofthe vast majority of the poor population. As earlyas 1980s, Paul Johnson, in Modern Times, hadargued on how the lack of freedom hadimpoverished many countries subjecting thelives of millions in a state of deprivation. One canpoint to situation after situation in different parts ofthe world where the lack of freedom saps thecreative capacity of the people and impoverishesthem. He argued emphatically that where peoplewere free, they were inspired to create andproduce. They could be more efficient as theydrew upon individual and corporate enterprisesand new ways of accomplishing things. Minusfreedom, he opined, the suppression andcorruption flourishes and development works canhardly succeed. Minus development on the otherhand will sap the institutional as well as structuralframework of democracy ensuing violation ofhuman freedom. South Asia is the pertinentexample of the assertion.
Any act of ensuring and promoting freedom, inother words, human rights, ostensibly refers toan act of attaining a change or shift in existingcondition of life which exists suppressed oroppressed. Development in this sense has anunavoidable interface with human rights and as
such constitutes an instrument of promoting theequity-based progress to replace the ‘state ofregressive status quo’, which implies a conditionof socio-economic and political life in a society ornation conventionally imposed for continuity oflooming deprivation and subordination of people.The term development, as an interface of humanrights, refers to a ‘state of strategically plannedtransformation of lives of people from whatsoeverexisting conditions to a better state of humansecurity’. Emotionally, it is a condition in whichpeople, individually or collectively as per thegiven context, have been able to attain a suitableor progressive position in order to render themcapable of addressing the looming socio-economic and political disadvantages.Economically, the term development refers tosate of ‘adequacy of resources and opportunitiesto enhance creativity and productivity in life’.Politically, it connotes to a state in which peopleare able to participate in decision making processand meaningfully hold representation in the Stateinstitutions. No human right in its any form canbe enjoyed or exercised in a state of ‘regressivestatus quo’.
The governments of the developing countries areless bothered to the coherent and integratedprotection and promotion of all liberal anddevelopment rights of people and address thelong standing problem of ‘regressive status quo’.South Asia is a particular example. The SouthAsian governments, by emphasis on ‘so-callednational security’ based on a perceived threat ofinsecurity from others, spend unbelievably hugepercentage of the Gross Domestic Product(GDP) for security measures. Collectively, theSouth Asian nations spend over 40 billion USDeach year in defense outfit and development ofsophisticated weapons. By contrast, thespending on social service sector is less thanone percent (0.7 %). The bottom-line poorpopulation in the region has access only to 5percent of the GDP whereas the 10 percentupper strata people consume 50 percent of theGDP. This is a state of utter discrimination indistribution of resources. The poverty is thus notan outcome of fate or indolence of the poor anddeprived people but an unjust system ofdistribution of resources. The poverty is thus anoutcome of the wrong and discriminatory policiesof the Governments. South Asia represents 22
1513
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percent in the global population but is holding up43 percent of the poor people of the world. Thedemocracy is instable and power-centric politicalculture has unleashed the way for ‘incessantlyincreasing criminalization of politics’. Hence, theprotection of freedoms without addressing thelooming state of regressive status quo isunthinkable.
Over the last some years, South Asia hasachieved tremendous improvement in macro-economy growth rate. However, the growth rateis in no way equitable to people. Rather it hasunleashed an income inequality to an extremelyheightened rate accompanied by escalation of theprice rise on essential commodities. This hasmade the lives of poor people worse. Today,559 people in South Asia survive with onetimenasty meal. The state of rural poverty has goneworse from bad. The rising income inequality,fueled by rapid growth of income in urbanservice sector and resultant benefits to urbanmiddle and higher classes, has contributed to theincrease of poverty among in the rural areas.Moreover, the poverty has severely hit thefemale population and it has negatively affectedthe education, employment and other services inrural areas. The intensification of rural povertyhas thus posed an indispensable interface withincreasing problem of violence and insurgency.Despite significant improvements in overallliteracy rate, the South Asia nations continue to
be one of the most uneducated and illiterateregions in the world containing around 379 millionilliterate adults—the highest absolute number inthe world. The health indicators show a scarysituation. Women and children are the mostvulnerable groups. It is painful to accept that the‘indicators’ have failed to show improvement inthe sector of health in South Asia. South Asiaeven today is the most malnourished region ofthe world. Most shockingly, the number ofmalnourished people in the last ten years has
increased from 290 million to 299 million.
The economic growth is occurred mostly in theservice sector in the urban areas. Thecontribution of the service sector in the GDP hasgone up from 45 to plus 54 percent in the past 15years. The contribution of agriculture sector,however, has declined from 28 to plus 19 percentin the same period. The contribution of industry inthe GDP has remained stagnated at around 27percent. Given the fact that industry isconsidered to be the backbone of any flourishingeconomy, it seems that the growth of economy inSouth Asia is, with deterioration of agriculture andindustrial sectors, mainly confined to servicesector, and it is essentially pro-elitist in nature,thus posing a serious threat to marginalization ofextremely large part of the population. The so-called economic growth has achieved nothing butthe rise of middle class into rich class.
The corruption in all institutions of State isphenomenal in South Asia. One of the reasonsfor this is overwhelming domination of theGovernment in all functions of the State. TheSouth Asian Governments are directly engagedin activities of development expenditures. Thedecentralization of development authority isostensibly discarded. This practice constitutes amajor cause of notoriously high level ofcorruption in State institutions. This skewedgovernance system has stood on inefficiency
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and corruption is a cause of many severeconsequences. The tax collection, for instance, isan example; it is so meager that hardly onepercent of the population pays income tax. SouthAsia collects around 10 percent of GDP in taxes,compared to the average 15-20 (GDP) percenttax collection in developing countries. Yet, abigger irony is that most of these taxes fall farmore heavily on the poor and lower middleclasses. Nearly seven percent of the tax in theregion is collected through levying indirect taxes.Most pathetically, even the low levels of revenuethat governments collect largely fail to materializeinto pro-poor expenditure. Finally, the ability ofSouth Asian governments to deliver the mostbasic goods is further weakened by endemiccorruption.
The international politics of human rights has alsoto some extent contributed to the prolongation ofthe state of acute poverty in the world. Thepractice of dividing human rights between civiland political and economic and social rightsostensibly with less emphasis to the later hassignificantly contributed to politicize human rightsto an acute disadvantage of the poor population ofthe world. The deceptive theory of the divisibilityof human rights, with less importance toeconomic, social and cultural rights, has givenbirth to an erroneous human rights jurisprudence.This division advertently underscores derogationto the human dignity of the poor people of theworld. The theory of divisibility of human rightssponsored by the developed countries is largelyresponsible to prolong the ‘state of regressivestatus quo in developing countries’. This theorylegitimizes the dehumanized condition of life ofmillions of poor people in the world andconsequently results in instability of democracy.Dryness of attitude shown to economic, socialand development rights by the internationalpolitics has perceivably taken lives of countlessof children, women and workers.
The unjust practice of giving less importance toeconomic and social rights has ostensiblyexempted the governments of the developingcountries from responsibility of securing with
priority the economic and social transformation ofpoor people’s lives. The beneficiary of the right todevelopment is, first and foremost, an individual.But the individual cannot simply wait until he/shehas developed; the individual also has right toopportunities to develop. The responsibility tomake such opportunities available to individualsbelongs to States: States have the primaryresponsibility for the creation of national andinternational conditions favorable to the realizationof rights to the development. On the internationallevel, this means that ‘developed States have theduty to take steps individually and collectively, toformulate international development policies witha view to facilitating the full realization of the rightto the development. And on the national level, itmeans that ‘States should undertake allnecessary measures for the realization of theright to development and shall ensure, inter alia,equality of opportunity for all in their access tobasic resources, education, health services,food, housing, employment and the fairdistribution of income’
The economic and social wellbeing of people isthe major agenda of the development, as it is sopointed out by the UN Declaration of the Rightson Development. However, the right to economicand social wellbeing of people has historicallybecome the victim of political division of the westand east, and the socialist and capitalist
countries. Some concerns were raised to give anutmost priority to development as a pre-conditionof the peace and stability in the world during initialdays of discussion to establish the UnitedNations, the San Francisco Conference inparticular. It, however, failed to properly addressthe necessity of emphasizing the ‘economicdevelopment and social security of all people’.Article 55 and 56 emerged to be the only Articlesin the Charter to directly deal with the role of theUN as whole in economic and socialdevelopment. The major reason behind thislimited attention of the UN to the economic andsocial development of the people was that thefounders of the United Nations at San Franciscoconference were the most influential countriesand most of them had developed economiesalready. The matter of economic developmentthus could not be an issue of priority for them. Bycontrast, they were guided by a misconceptionthat what they were making the UN was ‘aninstitution for collective security’ but not aninstitution which could take responsibility of theeconomic development and social security of thepoor people of the world. This notion of thinkingimplicitly rejected the ‘international obligation’ toaddress poverty in the world.
To put succinctly, the necessity of creation ofstability and wellbeing on which peaceful andfriendly relations of nations is rested, as outlinedby Article 55 of the UN Charter, requires theinternational community to promote (a) higherstandards of living, full employment, andconditions of economic and social progress anddevelopment; (b) solutions of internationaleconomic, social, health and related problems;(c) universal respect for, and observance of ,human rights and fundamental freedoms for allwithout distinction as to race, sex, language, orreligion, and (d) the right to development bysecuring opportunities to enhance creative andproductive engagement in economic, social andpolitical affairs. While the State parties underArticle 56 of the Charter have undertakenobligation to respect the provisions set forth inArticle 55, in practice subsequent they presenteda sharp opposite attitude to rights of peopleconcerning economic and social progress. Thelooming poverty in the world today thus can be
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somehow attributed to the wrong policies adoptedby framers of the UN Charter.
Amidst this politics was engendered a theory of‘generation of human rights’ significantlydevaluing the importance of economic and socialrights. The impact of the theory is so pervasiveand nasty that the significance of economic,social rights and development rights is oftenignored even by the UN. This fact is spectaculareven in the UN Millennium Development Goals(MDGs) as well; as it fails to underpin humanrights values in those development programscategorically. Conceivably, it can be argued thateven the UN has been influenced by thecontemporary political theory that ‘human rightsand development’ are two different concepts orentities.
The consequences of the politics of divisibility ofhuman rights and generation theory have beencostly; the governments of the developingcountries due to the reasons never everconsidered about their accountability to thedevastating state of poverty and deprivation ofpeople.
The issue of ‘human security’ is a major thrust ofthe modern human rights jurisprudence. It defineslaw as an instrument of protecting human dignityand welfare. Unlike the classical formalistjurisprudence, the human security and dignity-focused jurisprudence does not ‘define law as ameans of State to discipline people and makethem behave as it desires’. By contrast, themodern human right -focused jurisprudence viewlaw as an instrument of ‘regulating behaviors oractivities of State’ so that it can be an idealinstitution of serving human needs. The rule oflaw is the core theory of the pro-human rightsjurisprudence. Law as an instrument of humansecurity and welfare is people’s instrument to putthe State in its scope of work and oblige it tofunction according to law made by people withfull participation. This notion of jurisprudenceholds that ‘no State can have its independent willor desire independent of the people’ who haveconstituted it. Citizens are the sole ‘constituents ofState’; hence it should always work for theadvantages of people. The term people’ssovereignty thus does not imply an unregulatedor undefined authority of State to rule peopleirrespective of their voices’. Sovereignty ofpeople is an ‘attribute’ that keeps the people overState. Therefore, development is a right of peoplenot the privilege of the State.
The “International Residential School onEconomic, Social and Development Rights, andGood Governance’ (ESDR) is an attempt ofKathmandu School of Law in collaboration withseveral counterparts in South Asia andsurrounding countries to address the ‘congenitallydefective notion of human rights jurisprudencethat bifurcates freedom and development, i.e. thedivision of civil and political and developmentrights in broader term. This school is a diplomacourse and has been significantly popular amongstudents in Nepal and beyond. In the past seven
The Organizing Committee of the 7th International Residential School on Economic,Social and Development Rights with Special Reference to Emerging Issues1. Dhanga Rupa Dahal2. Ghana Shyam Silwal3. Kamana Neupane4. Laxmi Bakhadyo5. Maunata Dhaubanjar6. Nishani Singh Thakuri7. Prakash Dhaubanjar8. Prashant Pathak9. Ramchandra Gautam
7TH ESDR ORGANIZING COMMITTEE
10. Ranjeeta K.C11. Rita Sherpa12. Shraddha Atreya13. Shruti Gautam14. Shubhas Biswakarma15. Sukhi Lal Chaudhary16. Sunil Suwal17. Tirtha Bahadur Baidhya
years, over 250 students from Nepal and otherSouth Asian and surrounding countries havebenefited from this school. This school willattempt to address:
(a) issues of human rights in holisticperspective, that is to say that human rightsare taken as an integrated instrument ofpromoting and protecting human dignity withspecial focus on poverty as a serious causeof violence and human rights violation;
(b) issues of development as an interface ofhuman rights and stable inclusivedemocracy;
(c) issues of human rights based jurisprudencethat focuses on ‘people’s sovereignty overnatural resources and development choices’and ‘autonomous local governance as aninstruments of yielding fruits of democracy todisenfranchised and marginalized population’;
(d) issues of accountability of the governancesystem from perspective of accountabilityand prevention of corruption that dreadfullysaps the prospect of democracy; and
(e) issues of human security, which is a
primary of concern of every citizen andsociety.
The residential school is organized every year inthe spring. It is a platform where academia,development workers, government policymakers and civil society members engage inteaching human rights and its linkages withdevelopment, governance system, rule of lawand democracy in an empirical setting. Theseventy percent participants in the school comefrom law schools and civil society from Nepaland rest other from other South Asian andsurrounding countries. Every year, the schoolputs special focus on some emerging or crucialissue that has an intrinsic bearing with humanrights and development. This year the school has‘taken up the issue of climate change and itsimpact on lives of marginalized communities. Thecore goal of the school in this year is to provideinputs to the Constituent Assembly concerningdevelopment as a right of people and foundationof sustainability of democracy. Since the schoolbelieves on indispensability of freedoms anddevelopment as its core belief, the outputsgenerated in this regard will be helpful to makethe Constitution more meaningful.
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ARTICLE
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- Prof. R. Venkata Rao1
Socio Economic Rights:Socio Economic Rights:Socio Economic Rights:Socio Economic Rights:Socio Economic Rights:
IntroductionSince the inception of the human rights discourseat the global arena, second generation rights havebeen relegated to the background. The debatesurrounding the lack of enforceability andjusticiability of economic, social and cultural rightshave posited a herculean challenge inimplementing these rights in domestic settings. Onthe contrary, first generation or civil and politicalrights have seldom encountered such resistanceand have been universally promoted in nationalscenario. Though numerous scholars haveexpressed the indivisibility and interdependenceparadigm between first and second generationrights, in reality the latter are seldom regarded aslegal rights. The effective realization of these hasespecially been problematic in developingcountries.
The International Covenant of Economic, Social& Cultural Rights (hereinafter ESCR) remainsthe normative framework for second generationsrights. A sprinkling of ESCR can also be sourcedin other global human rights treaties likeCEDAW, CEC, CERD, CRPD etc. Theindividual complaint mechanisms for theICESCR is still in the pipeline. Regional humanrights instruments impinging ESCR also exist-theEuropean Social Charter, San Salvador Protocoletc.
Specific Obligations under ESCRRegimeThe nature of obligation under ESCR varies.There are three integral elements of it. The Dutyto Respect is tantamount to the negativeobligation imposed on the State to refrain fromacting in a manner that would either preventaccess to rights or affect the enjoyment andexercise of the same. The Duty to Protectimposes upon the States the duty to preventinterference from third parties. And this requires apositive obligation on the part of the Stateestablish regulatory frameworks that combatviolations from third parties. The Duty to Fulfilobliges the State to take affirmative action to
Litigation adjudicated effectively on theenforceability of ESCR. It is in the recent pastthat the Parliament has also legislatedextensively on numerous types of ESCR –National Rural Employment Guarantee Act,Unorganised Workers Social Security Act, Rightto Education Act etc. The adjudication of ESCRby Indian court has also meant series of ordersdirecting implementation of various schemes likethe Mid-Day Meal Scheme to actualise ESCR.
The Bill of Rights Approach is unique to SouthAfrica which though does not relegate ESCR buttalks about availability of fund for them tomaterialise. The Grootboom case wasinstrumental in two arenas-identifying theminimum normative core content of ESCR aswell as the criterion of progressive obligation. TheCourt endorsed these two parameters as beingfundamental in assessing the State’s complianceand willingness to implement ESCR. The Courtshave also repeatedly emphasised on sustaining
* Vice Chancellor, NLSIU, Bangalore. Email : [email protected] Goal 1 : Eradicate Extreme Poverty & Hunger, Goal 2 : Achieve Universal Primary Education, Goal 3:Promote Gender Equality 7 Empowerment of Women, Goal 4: Reduce Child Mortality, Goal 5: Improve
Maternal Health, Goal 6: Combat HIV/AIDS, malaria and other diseases, Goal 7:Ensure Environmental Sustainability, Goal 8 :Develop a Global Partnership for Development.
ensure access and enjoyment of ESCR by all.This talks about an immediate achievement or aminimum standard to be progressively achieved.
Mapping Diverse EnforceabilityApproachesSeveral countries world over including in theAsian region have endorsed innovative ways inpromoting and protection economic, social andcultural rights. Despite the issues of progressiverealisation as well as lack of resources forESCR some countries in the last few decadeshave made substantial inroads in the arena ofjusticiability of ESCR.
The Directive Principles Approach in India is onesuch illustration for essaying plethora ofjurisprudence on second generation rights. TheConstitution of India embodies ESCRpredominantly in Part IV and has with uniqueprocedural initiatives like the Public Interest
A Brief Overview of A Brief Overview of A Brief Overview of A Brief Overview of A Brief Overview of The Existing Regime –Some Straws in the Wind
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public pressure on the Government for rightsto be more encompassing as well as toactually materialise especially in the realm ofESCR.
The European context adopts the IndivisibilityApproach. Relying on the EuropeanConvention on Human Rights, the Courtshave endorsed second generation rights byinterpreting it in civil and political rightsprovisions of ECHR. Both procedural andsubstantive guarantees against States as wellas third parties have been enumerated by theEuropean Court on Human Rights evolutiveinterpretation of civil and political rights.
Profiling Asia : ComplexitiesGalore for Socio EconomicRightsThe Asian continent as a region is diverse andheterogeneous. Political instability dots manycountries especially in the South Asiancontext. Military rules, dictatorial States,totalitarian governments are commonplace.The region has also over the decadesexperienced a legacy of bloodbath and severehuman rights transgressions with armedconflicts and civil wars being pervasive inmany nations. Political instability ispervasive. Economic development has set inbut in an in-egalitarian and lop-sided fashion.Poverty continues to be the predominantcause of human rights abuses in manycountries
The Asian continent is also conspicuous forbeing the sole region bereft of a regionalhuman rights mechanism unlike its European,Inter America, African and even Arabcounterparts. Independence of institutions is
also problematic-especially the judiciary andthis has impacted severely the facilitation ofhuman rights. The glaring absence of humanrights ombudsman to assist in effective andsustainable implementation of human rightshas been yet another illustration of negligible orminimal commitment to human rights by theGovernments. Lack of a vibrant civil societyset up that engages critically with theGovernment on human rights concerns hasfurther added to the exiting woes.
And lastly State controlled media withsweeping censorship laws in many nationshas culminated in human rights being a ‘non-issue’ in several nations. The resistance tonumerous human rights norms on grounds ofcultural relativism especially in the domain ofsecond generation rights is yet anotherimpediment. Archaic cultural and traditionalpractices have been yet another reason tocurtail rights of certain subaltern groups aswell as that of women, children and minoritiesetc. Some pockets in the region like SouthAsia have also witnessed series of refugeeproducing nations like Sri Lanka, Afghanistan,Myanmar, Tibet, Nepal etc. and this has alsochallenged regional peace and security.
Globalization, economic liberalisation anddevelopment has also resulted in a sizeablepopulation been internally displaced due todevelopment projects. The outflow and inflowof migrant population is another commonality inthe region. Furthermore issues of caste,religion, gender, disability etc. have resulted inmarginalisation and social exclusion that havegrave repercussions on access to rights.Empowerment has been a rhetoric and despiterapid urbanisations and development andhardships, sufferings and quest for survival
continues to haunt many Asian States. Issuesof corruption, lack of accountability, skewedpublic distribution system etc. are a few morefactors responsible for ineffective realisation ofESCR.
MDGs : Role of AsiaThe Millennium Declaration was a product ofthe United Nations Millennium Summit in 2000wherein world leaders concurred on thegreater need to promote human rights andjustice globally. The Declaration chalked out 8time bound Millennium Development Goals2 tobe achievable by 2015 by all countries in theworld. All the 8 goals have a direct bearing ondiverse economic and social rights- health,education, food, maternal and child health,environment. The MDGs were also unique forthe North-South collaboration and partnership itenvisaged to accomplish these goals.
The Asian region is centrifugal to the world’svision of access to these enumerated 8 basicand core rights. For the entrenchment of ahuman rights culture domestically as well asglobally the role played by the Asian region inaddressing the proposed 8 MDGs isextremely vital. The successes and failures ofthe Asian Stats vis-à-vis the MDGs wouldlargely determine the success of thisendeavour at the global front. However inmost South Asian States these have remainedmere ‘aspirational precepts’. Mainstreaming ofeconomic, social and cultural rights is vital forthe holistic development and progress of agiven nation. There is a dire need to re-invigorate the commitments from States for theactual, effective and sustainable realisation ofthese rights in contemporary settings.
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ARTICLE
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Perspectives Reflecting Problems of
Chronic Human Rights Violations- Prof. Dr. Yubaraj Sangroula
Asia, a continent of wider cultural diversity, wisdom andcommon heritage and home of many civilizations andancient traditions, is a hope and despair both for people.
The despair looms large because ‘the majority of 800 millionpeople in the world that are forced to live in extreme poverty- thehunger, scarcity, low human productivity and denial ofdevelopment opportunities- are Asians. Nearly one in three Asiansis poor, and two third of these poor are women. The povertyconstitutes a major cause for early death, diseases, exploitationand violence in Asia. As early in 1940s, Mathma Gandhi, themain architect of the Indian independence or British Quitmovement’, reflecting on the contribution of poverty on misery ofthe lives of the vast quantum of people in the region, said:“Poverty is the worst form of violence”. Poverty, as a source ofviolence, is both the cause and consequence of human rightsviolation in Asia. Yet, poverty as a consequence presents cruelerscenario of inhumane state of life.
The cruelty of poverty in human life starts since pre-natal stage.The recent discoveries of medical researchers have abundantlyshown that the ‘effect of poverty of mother’ is devastating to thehealth of the fetus who has not yet seen the world. The kind andquantity of nutrition the pre-born child has received in the womb;the pollutants, drugs and infections the fetus has exposed toduring the gestation; the mothers’ health, stress level and state ofmind which she was pregnant with the fetus—all these factorsdo shape the future of fetus as a baby and a child and continueto affect him/her life. The pioneers of the gestation research
assert that the nine months of pre-born state constitutes the mostconsequential period of human lives, permanently influencingthe wiring of the brain and the functioning of organs such as theheart, liver and pancreas. The conditions the fetus encounters inuterus shape his/her susceptibility to diseases, his/her appetiteand metabolism, his/her intelligence and temperament. The healthresearchers of pre-natal conditions have brought to our notice aseries of facts that suggest that the origin of cancer, cardiovasculardisease, allergies, asthma, hypertension, diabetes, obesity,mental illness are consequences of adverse state of life of motherof the fetus. The negative effect of poverty in lives of people isthus enduring. The poverty forces a person to be born withdiseases or physical and mental deficiencies. Imagining thatevery one person in three in Asia is poor, the Asian nations, withthe given state of acute poverty level, are responsible for violationof human rights since pre-natal condition. They force millions ofchildren to come out in this world with poverty inherited defects.It implies that the violation of human rights is not only associatedwith the proper treatment in post-natal stage.
Issue of protection of human rights is thus intrinsically associatedwith the given conditions of life in a society. The adverse conditionsresult in deprivation of human rights, i.e. the human dignity. Themajority of Asian societies suffer from acutely adverse conditionsof life, both socially and economically. The political tyranny orconditions of bad rule, stricken by multi-faceted form of corruptionand abuse of authority, are obviously responsible to aggravatethe situation. The leaders of political parties, ministers and
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bureaucrats in most Asian countries are busy instealing or plundering the wealth. The extortion ofpublic wealth and pillaging of the national assets isa chronic problem in most Asian nations, the SouthAsia being in the forefront.
The rule of law and accountability are thusindispensable important instruments of saving thelives of people. They cannot be viewed as only aninstrument of ‘the system of political governance ofthe state’; rather they are an instrument of ‘protectingpeople from corruption and abuse of powers’ bypolitical leaders and bureaucrats. The rule of lawand accountability are necessary for preventingand eradicating the ‘state of regressive status quo’.
No protection and promotion of ‘human rights’,including democracy and rule of law, is simplypossible in a state of regressive status quoperpetuated by a condition of life in which the vastquantum of the population is forced to go bed hungryevery day. The regressive status quo is so cruelthat a child dies of poverty-related causes everythree seconds, and the vast majority of the girlchildren are deprived of access to go to schoolswithout anyone’s accountability. Furthermore, thecruelty converges into a misery when the largesection of this ‘unfortunate population’ ends up inmarriage at childhood or, at least, at early age unableto conceive and hence becomes victims of ‘deathof premature pregnancy’. This is a naked reality ofhuman rights situation of Asia, the South Asian regionin particular which gives homes to a quarter of theworld population.
Though economic development growth rate isconstantly going up and somehow stable over thelast few decades, and it has been generating ahope in change of life based on ‘equity’, the ‘paradox’it contains is even more shocking. The followingstatistics give some glimpses of the present state ofAsia:
The state of living standard of rural people inNepal has not yet exhibited any positive signof improvement. According to the GovernmentStatistics, 31 percent of people live in acondition of extreme poverty, i.e. ‘with onedollar income per day’. It means that ‘thispercentage of people is not only unable toafford ‘foods with required minimum nutrition’but is also forced to ‘struggle to survive’ in acondition most unhygienic and unhealthycondition. About 60 percent of rural peoplehave no access to safe drinking water. A recentstudy conducted by Harvard University, onbehalf of the World Bank, reveals a furthershocking finding that ‘the proportion of thepeople forced to live in extremity of povertyconsists of around 65 percent of the totalpopulation’. Studies have invariably presentedthat ‘the 10 percent elitist population of thesociety enjoys 47% of the gross nationalincome whereas the bottom-line poor peoplehave access only to 5% of it. The presenteconomic growth (around 5 percent) anddevelopment efforts have thus beenexclusively exploited or extorted by the elite
population, and thus it constitutes a primarycause for widening the gap between the poorand rich. The development efforts and successhave thus played no role to bring about ‘equity-based transformation’ in the lives of vastmajority of people. The role of the internationaldevelopment agencies cannot be separatedfrom this general situation.
Indian economy, over the last some years,has been able to maintain a consistentbooming growth pattern over the last someyears. In 2010, the growth rate has reportedlybeen 9.2 percent. The distribution of the benefitof this booming economic growth is, however,found not rational and equitable for manyreasons, the widening gap between the richand poor being the most key one. Theprovince of Orissa, one the provinces of Indiasituated on the eastern coast, for instance,records a miserable condition about socio-economic lives of people despite thisunprecedented growth of economy. This statehas a population of 36 millions, with a veryhigh percentage of scheduled tribes andscheduled castes (communities that areaccorded special status by the Constitution ofIndia), approximately constituting the 40percent of the total population of the province.Painfully enough, however, about 17 millionpeople in this province is forced to live belowthe poverty line. The poverty line is reportedly47.15 % in this state. The HumanDevelopment Report for Orissa (2004) outlinespervasive poverty, food insecurity, under-attainment in female literacy levels, and widergender disparity in access to opportunity andbenefits. Orissa alone is not an example inIndia. Many other states, the north easternstates in specific, have been crippled bysimilar situation.
Bangladesh is facing the similar problem. Theproblem of poverty in rural Bangladesh ismassive and cruel. As per the UN-ESCAPreport, 48 percent children in Bangladesh areundernourished.
In Afghanistan, one child in four dies beforereaching age of five years.
Shockingly enough, each year half a millionpeople in the Asia Pacific region die of HIV/AIDS related causes.
In Asia one quarter of a million women die asa result of pregnancy or childbirth each year,and in South Asia 63 percent of all child birthsare unregistered.
Obviously, who is entitled to enjoy benefits of the‘the development of the economy, urbanization, andscience and technology’ in Asia is apparent fromthe above mentioned facts. These few glimpses ofthe reality versus rights-based approach rhetoricindicate that the ‘development is still a myth to thepoor rural people of South Asia. Particularly, thepopulation of women is worse affected. To say withheavy heart, the economic growth across Asiahas contributed to widen the ‘gap between the richand poor people’. It is contributing to the intensity ofvulnerability of the ‘structural violence’, whichultimately contributes to the ‘systematic violation ofhuman rights by State actors’.
The states of life of people in South Asia are livinggive glimpses of the pattern and typology of theviolation of human rights:a. Food scarcity is acute forcing millions of people
live without nutrition or survives in a state ofacute malnutrition.
b. Pregnant mothers due to food scarcity, stressand exposure to pollution are forced to givebirth to babies that inherit mothers’ deficienciesof nutrition and healthy life as diseases in them.
c. Children who survive the age of five do haveno opportunities to go to school and developproductivity.
d. Poverty forms a main cause of discriminationin opportunities.
e. Deprivation of opportunities pushes millions ofpoor to the worse consequence of regressivestatus quo.
Development, as a process of transformation oflives into safety and dignity of every human being,is thus an instrument protecting and promoting humanrights. The linkage of the development and humanrights is thus apparent. The South Asian situation ofpoverty today, therefore, needs to be intervenedby human rights approaches if the developmenthas to yield the fruits to millions of poor. The ancienttraditional values in Asia are not less concernedwith these types of facts. The longing for dignifiedlife has been persistent in these values, and thesame has been described as ‘a key goal of thegovernance and human life’. The Vedic Philosophy,that has tremendous influence in the South Asianlife style, advocates five freedoms against violence(ahimasa), freedom against exploitation (aparigraha), freedom against disease ( arogyata),freedom against want (asteya) and freedom againstearly death (amartwa). These freedoms have beenelaborately emphasized by the Buddhism as a goalof human life. The Confucianism also places highimportance of the State’s responsibility to accomplishthese goals. Why Asia is then languishing as amost ‘deplorable place’ in the world in terms offailure to transform the lives of people? Underlyingcauses need to be deeply explored and analyzedempirically.
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ARTICLE
Chhaupadi system is a social tradition in thewestern part of Nepal for Hindu women,which prohibits a woman from participating
in normal family activities during menstruationbecause they are considered impure. The womenare kept out of the house and have to live in a shed.This lasts ten to eleven days when an adolescentgirl has her first period and four to seven for everyfollowing one. Childbirth also results in a ten toeleven-day confinement.3
Literally Chhau means menstruation and padi meanswomen. Chhaupadi system is a social ritual followedby people in some regions of Nepal. This ritualregards women as “impure” during their menstrualcycle; it is known to have initially originatedcenturies ago from a belief that gods and goddessesbecome angry if any woman stays in her homeduring that time. Following the ritual, women aremade to live in sheds outside their homes calledChhaupadi goths. A menstruating woman cannottouch anyone; if anyone touches her, the personneeds to be purified by taking a bath and drinkingcow’s urine. Specifically, she is not permitted totouch pregnant women or trees, because of theidea that the “fruit” each are bearing will die or willbe malformed. Menstruating women are notpermitted to participate in religious ceremonies,nutritious food is forbidden, and warm clothing isnot allowed. Yet, they are still expected to participatein hard labor, carrying out the daily chores that theywould normally do, such as working in the fields,fetching firewood, washing clothes, and so on.4
During the menstruation period, generally womenstay in the shed for four or five days. At the end ofthe ritual, they take a bath; wash their clothes andbedding and return home. There are two kinds of“Chhau” (menstruation): minor Chhau and majorChhau. During minor Chhau, the stay lasts four tofive days. During major Chhau, which occurs afterchildbirth and during menarche, women are obligedto stay in the goth for ten to eleven days.5
In addition to these, women in western part of Nepalwho are practicing the system lead severalanomalies in society and raise the problem inreproductive health. This superstitious belief ofsociety puts women in dirt and isolation bearing therisk of various contracting diseases, danger of rape,acute health problems, physical and mentalweaknesses and illness and subsequently thedanger of attack of dangerous wild animals and
sometimes snake bites.6
This sort of inhuman and barbaric practice forbidswomen and girl from enjoying their rights andindividual liberty. In order to reform this practice,efforts have been made through Public interestlitigation on initiative of Dalit NGO Federation (DNF)in 061 BS. The Supreme Court of Nepal orderedthe government to take necessary steps to reformthe system on the particular region of Nepal on thebase of national laws and international instrumentsof human rights in part of women. In accordancewith that the government of Nepal has made directiveon Chhaupadi system in 064 BS. The directiveorders of the Supreme Court have brought a lot ofchange initiatives regarding the elimination ofdiscriminatory traditions that are deeply rooted inthe society and being practiced in the name ofcultural, customary or religious practices. The Courthas also issued a number of implementationguidelines to be implemented by the Government.The SC also issued directive order to the Ministryof Health for the formation of a Committee so as toconduct an in-depth study on the impact of thispractice on women’s health. The MWCSW wasalso ordered to develop the guidelines against it inthe line of elimination of violence and discriminationagainst women. More importantly, the Courtobserved the importance of NGOs in carrying outawareness campaigns against this kind ofdiscriminatory, inhumane and degrading traditionaland customary practices.
Further, the Supreme Court’s directive order is beingimplemented by the Government with a number ofimplementation measures. The cabinet decision hasalready declared Chaupadi as the worst form ofmalpractices. Similarly, the MWCSW with a threeyear pilot project (supported by Save the ChildrenNorway), is conducting various programs followedby three strategies: generating awareness through different type of
media (such as songs in the FM, leaflet,posters, documentary);
Health checkups and safety measuresincluding sanitation under which separate toiletwith sanitary napkins, infirmary, are madeavailable.
Vigilance cell formation comprising communityold women and male members to put pressureagainst such malpractices.
These programs have some positive outputsbecause some changes have been seen afterthese interventions. For instance, the mindset ofpeople of far western, where Chaupadi is beingpracticed, has undergone a positive change. Theconfinement period during the menstrual cycle hasbeen reduced and instead of cowsheds, womenare allowed to shelter in places comparativelyhygienic to cowsheds. Additionally, the Ministry ofHealth and Population has already established acommittee and has carried out a depth research onthe adverse impact on women’s health due to thesekinds of practices.7
Shackles of Shackles of Shackles of Shackles of Shackles of chhaupadi system in Nepalchhaupadi system in Nepalchhaupadi system in Nepalchhaupadi system in Nepalchhaupadi system in Nepal- Shubhas Bishwakarma
3 www.wikipedia.org, accessed on 26 October 20104 http://blog.nyayahealth.org/2010/03/26/chhaupadi/ accessed on 24th October 20105 Ibid.
6 Shackles of the “Chhaupadi” system on women by Bidhya Chapagain written on 2005-8-16, http://www.astitwa.com/story_main.php?cat_id=12&article_id=32 accessed on 26 October 2010.
7 Excerpts from CEDAW 4-5 Combined Periodic Reports, Nepal Government (2008) (A draft prepared Geeta Pathak,Associate Prof. Kathmandu School of Law)
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4th Winter Residential School on Economic, Social andDevelopment Rights and Good Governance was a turningpoint in my life as a law student. It was best platformI can ever have in my first year of LL.B. I was awardeda Trophy for best Performance in winning the ElocutionCompetition which was an achievement in itself. Itboosted my confidence and always inspires to enhancemy scope of improvement.
Representatives from seven countries of South Asia,Asia-Pacific and African Continent as participants,resource persons of different universities inresidential school were an exposure in the internationalarena. Participants’ country presentations, grouppresentations and research work gave an opportunityto interact and disseminate information about socio-economic situation of each country. It has participatorylearning method done through knowledge sharing andknowledge gaining. From morning walk to the dinner table,cultural programs to performance evaluations, visit tothe forensic institute to site seeing, in every placethere was a teaching and learning process. Informativeand interactive classes, presentations and discussionprograms made every participant involved and helpedeach person grow as a student. We learnt maximumcontent in a limited period of time.
Kathmandu School of law as a legal institution has madegreat contribution to the legal system through thisresidential school where future lawyers are taughtabout socio-economic rights. Lawyers who are part ofthis residential school will definitely advocate in itssupport concerned places. The knowledge I have gainedin this residential school has always supported me as astudent of human rights and I am committed to workingfor the protection and promotion of economic socialand development rights. This school as a guide and mentorhas brought me to a position where I can now see afuture as a human rights lawyer.
- Swechha Gimire
Reflection
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