Various factors, at least the following three are to be perceptibly noted for the inclusion of these rights in the new constitution to be drafted for the country. First, people en masse swarmed together during the Janandolan II (April 2006 movement) in various cities and places of the country, not only to dethrone the then dictatorial ruler to get back their civil and political rights, but unmistakably to have enduring rights for the betterment of their socio-economic conditions and for the future generations as well. This cannot be denied under any pretext.
Secondly, the current universal trend shows the need to guarantee these rights to the people. The constitutions of Sri Lanka in 2001, South Africa in 1997 and Brazil in 1988 and a host of other countries have guaranteed these fundamental rights as inviolable human rights. Today, even highly developed and individualistic societies are guaranteed economic, social and cultural rights as an integral part of human rights. Without any constitutional provisions of such rights, democracy could not have the chance to flourish in any manner.
Thirdly, the United Nations adopted the resolution of the International Convention on Economic, Social and Cultural Rights (ICESCR) in 1966 and decreed in 1976 that they be universally enforced. This development of implementing the convention has come as the hallmark of enforcing human rights in their varied aspects for the fullest development of human dignity.
Thus, viewed in national and international context, the induction of economic, social, and cultural rights into the constitution to be drafted in the coming eights months’ time is the people’s compelling demand. This is to meet requirements called for by the international community. There should not be an attempt to escape from persistent domestic demand and external influence.
The managerial ability of Nepal as a weak country, however, raises doubts whether it has the will to enforce the much sought-after rights even if the Constituent Assembly guarantees them. The country’s prevailing political dilemma does not convince us that the country is moving on this front.
The long lingering socio-economic destitution of the Nepalis demands greater healing efforts to subside their deplorable situation if a true democratic way of life is to be put in place. Nothing should be left out. Intense efforts should go on. However, it is highly regrettable that the continued squabbles among political leaders have stalled the move needed to make headway for the betterment of the socio-economic conditions. The political leaders have done little to address the genuine interests of the common men and women. Unless they translate their high sounding rhetoric into reality in the foreseeable future, the politicians will lose the people’s trust. They are, therefore, advised to give a serious thought to people’s specific interests rather than that of their cadres’ and sycophants’.
The people’s plight is such that no improvement could be made until the state comes to its rescue. That is why people look to the government as both the guarantor and promoter of the fundamental economic, social, and cultural rights. Whereas, concerning the civil and political rights, people tend to see the state as their rival and in some cases as the violator of their rights to freedom, expression, association, information, etc. In lesser cases they look at the state as the protector and preserver of their civil and political rights. With regard to the economic, social, and cultural rights, which are often called a newer generation of rights, the state and its machinery need to move along a constructive trajectory to ensure these rights.
Well before May 28, 2010 -- the date set for the promulgation of the new constitution --- the members of the Constituent Assembly must give their serious thoughts and use their political will to oversee the pragmatic and strategic aspects of guaranteeing these much needed rights. Unless they are guaranteed, the progressive realization of these rights could hardly come by in the years ahead.
It is well understood that the way to the progressive realization is not an easy job. It needs financial back-up. It does not come in a stroke of the pen either. It demands from the CA members, government leadership and bureaucracy intensive and breathtaking hard works. As Nepal is a resource strapped country, necessary resources have to be mobilized to meet the expenditures. Some drastic measures like unnecessary spending for ineffective security and party motivated expenses need to be cut; downsizing the bureaucracy to its minimal requirement and highly corrective budget management etc. are essential.
Furthermore, a good management needs good mechanism for a satisfactory result. For that to be done, politically devised mechanisms with the support of committed bureaucrats will yield desired results. It is a known fact that the concept of these rights is inspired by the United Nations as well as the international community. The greater cooperation of the United Nations, in particular and friendly countries could help translate these rights into reality. They may extend their helping hands because provision of these rights could prevent the deadly acts of terrorism instigated by some anti-social elements which will in turn push the country into the vortex of poverty.
Now the CA members need to prove themselves that they are really anxious to provide these rights if they truly wish to win the hearts of the people. If they are sincere and work consistently keeping in mind the people’s aspirations, the efforts of the CA members would certainly bear fruits. In other words, the task is not insurmountable in any case either.
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