Human rights, democracy and governance

178 Pages·2010·0.964 MB·English

by  C. K. Lal, Nurul Kabir.

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Human Rights,

Democracy and

Governance
HUMAN RIGHTS, DEMOCRACY
AND GOVERNANCE
Other Titles in the Series
Peace and Justice
Human Rights, Democracy and Governance
Economic Integration in South Asia: Issues and Pathways
Natural Resource Management
Imagine a New South Asia
Series Editors: John Samuel and Rashed Al Mahmud Titumir
HUMAN RIGHTS,
DEMOCR ACY

AND
GOVERNANCE
ActionAid International Asia
Lead Author
C. K. Lal
Regional Taskforce Members
Syed Naveed Qamar (Pakistan)
Nurul Kabir (Bangladesh)
T. A. John (India)
Delhi • Chennai • Chandigarh
Copyright © 2010 ActionAid International Asia
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The views and opinions expressed in this book are those of the author, and the facts are
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Contents
Series Introduction vii
Preface xi
1 Introduction 1
2 Context 14
3 Human Rights 38
4 Democracy 64
5 Governance 86
6 Political Exigencies 110
7 Rise of Regionalism 123
8 Shared Destiny 132
9 Common Future 144
Bibliography 153
About the Author 157
Index 159
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Series Introduction
A New Tryst with Destiny: Towards a New South Asia
South Asia is at a new threshold of history, and we have choices to make. Th e ques-
tion is whether we have to be driven by the past or whether we need to imagine a
new future. Th ough divided by the territorial borders of relatively new nation-states,
South Asia can be seen as a confl uence of religions, languages and creeds—a very rich
and cohesive cultural landscape, shaped and made fertile by multiple faiths and prac-
tices. We need to discover and affi rm voices lost in history and suppressed by feudal,
caste and patriarchal power structures. Such a vision requires a collective search and
a collective commitment.
Imagine a New South Asia (INSA) is neither a project nor an organization, but
an initiative promoted by civil society activists, artists, media practitioners, academ-
ics and policymakers to unshackle the painful chains of the past and dare to dream
a New South Asia. It has emerged from a shared sense of South Asian citizenship
among many of us who strongly feel the need to move beyond the present predica-
ment of mistrust created by the vested interests of each country.
INSA is a call to dream as well as a call to action; a call to develop a sense of col-
lective imagination and responsibility, to sing new songs of freedom and hope, and
to discover new voices. It is a creative initiative to unleash the poetical and political
imagination to work towards a shared and cohesive New South Asia as a confedera-
tion with multiple new possibilities. Skeptics may say that it is a mere romantic dream,
but dreams can usher in a new dawn. In a growing climate of cynicism, young people
should not lose the ability to dream about a New South Asia. As a part of the INSA ini-
tiative, we plan a series of activities over the next few years, to publish new voices, pro-
mote new policy options, and to think about the possibilities of a real New South Asia.
To build a broader and visionary perspective of a plural-federated South Asia, the
initiative has conducted research to better understand the political, social and institu-
tional structures and processes that shape policy decisions, and to generate new ideas
for establishing a people’s South Asia. Its fi ndings have been put together in the form
of a four-volume series, also named ‘Imagine a New South Asia’, organized around four
thematic clusters: peace and justice; human rights, democracy and governance; eco-
nomic integration in South Asia; and natural resources and sustainable environment.
Peace and Justice
Peace and Justice explores the possibility of a pluralistic South Asia that is democratic
and decentralized. Political system must ensure that their agents take a more just
viii Series Introduction
approach when dealing with the cultures of the minorities to maintain plurality. Th e
report on peace and justice examines the possibility of bringing together the nations
based on trust. Th e volume seeks to break away from the politics of exclusion towards
a more inclusive South Asia by focusing on issues such as confl icts, militarization,
ethnicity, caste and religious fanaticism. It attempts to explore mechanisms to prac-
tice pluralism, which is currently tainted by the practice of hegemony and oppression
in the name of religion, ethnicity, caste, culture, etc., and come up with ideas to build
peace based on justice.
Human Rights, Democracy and Governance
Taking examples from the shared history of South Asia, Human Rights, Democracy
and Governance examines the present complexities of society and politics in the re-
gion. It examines the way issues in governance, democracy and human rights can be
addressed to imagine a new Southasia and ensure justice for all of its people. Finally,
it proposes common institutions for a collective future. It focuses on the assurance
of rights and people-centred democratic processes and institutions, emphasizing on
the need for a South Asian Human Rights Charter, Human Rights Court, and South
Asian Parliament, and suggests mechanisms of check-and-balance among the judicia-
ry, legislative and the executive bodies to reform the common, two-hundred-year-old
colonial rules and regulations. Th ese are expected to lead towards greater emancipa-
tion of the fraternity of South Asians, and to provide strategic directions for greater
economic integration, political accommodation and socio-cultural understanding.
Economic Management
Th e research described in the volume Economic Integration in South Asia attempts to
suggest solutions for the one-and-a-half billion people belonging to the region, based
on a collective vision for a New South Asia in which they will not have to live in fear,
will not be bound to national boundaries, and will be able to cross state borders freely
for better livelihoods, options, environments, and markets. Th e volume especially at-
tempts to outline a roadmap to achieve common economic frameworks; to identify
the institutions needed to overcome common obstacles such as poverty, hunger and
barriers to natural resources; to suggest clear strategies to utilize regional resources in
a sustainable and equitable manner that enhance the growth and redistribution of
wealth; and to off er feasible economic solutions that support marginal small farmers
involved in agriculture, industrial workers, and workers in the informal sector—all
within the framework of a sustainable environment.
Natural Resources and Sustainable Environment
Natural Resources and Sustainable Environment focuses on the political economy of
natural resource governance, and tries to formulate a collective approach for addressing
Series Introduction ix
natural resources governance in the region. Energy, land, biodiversity, water and at-
mosphere governance are discussed at length from a people-centric view. Each chap-
ter is organized on the basis of pressures, state and response framework to identify
the common pressures that South Asia faces. An attempt is made to propose the
collective responses to cope with these pressures. Broadly the volume tries to use a
regional approach to respond to the common problems in natural resources sector
across South Asia and other dimensions of sustainable development; to examine op-
tions to ensure food and water security in South Asia; to suggest mechanisms for the
utilization of natural resources on a regional basis to maximize benefi t for the people
as a whole; to suggest alternative policy framework in ensuring sustainable environ-
ment; and to look at ideas for building professional institutions in this area.
It is important to develop a sense of South Asian identity beyond our own sense of
‘nationalism’. We need to exorcise the ghosts of the past. We, as South Asians, have
much more in common in terms of language, culture, food, music and tastes than
any set of people in the world. Hence, it is important to fi nd lasting solutions based
on mutual cooperation, collaboration and joint eff ort. Th e largest number of poor
people live in South Asia. We, as a region, are the most vulnerable to natural, social
and political disasters, and to the entire range of violent politics, extremism and ter-
rorism. Confl icts over natural resources, identity and inequality are on the rise here.
Unless we challenge and change this situation, it will perpetuate new confl icts, and
undermine democracy and development across South Asia.
Th e fi rst step towards lasting peace in the region is to develop workable and
realistic solutions to entrenched confl icts, without undermining the integrity and
sovereignty of the countries in South Asia. Th is demands a positive social and cultural
agenda for all countries of the region, and the development of a framework for hu-
man rights. Th e idea of a new South Asia will have to be debated among the peoples
of South Asia to inspire a new vision of a peaceful, prosperous region, where every
person and community can live with a sense of dignity.
It is time to Imagine a New South Asia—where borders will be transformed
into bridges and bonding, where all children will go to school, no one will go to bed
hungry, and the human rights of minorities will be respected; where there will be
prosperity and peace rather than war and violence; where people can rise above their
narrow interests to share a common vision. Let us imagine a new South Asia that can
transform itself and the world. It is time to rediscover the dream of Rabindranath
Tagore as envisioned in his oft quoted verse ‘Chitto jetha bhoyshunyo uchcho jetha
shir’ from his Nobel Prize-winning Gitanjali:
Where the mind is without fear and the head is held high
Where knowledge is free
Where the world has not been broken up into fragments
By narrow domestic walls
Where words come out from the depth of truth
Where tireless striving stretches its arms towards perfection