Child Combatants of the Maoist People’s Liberation Army (PLA) in Nepal: A Human Rights Perspective, 1996–2013

2017 ◽  
Vol 21 (1) ◽  
pp. 41-60
Author(s):  
Rajesh Kumar Meher

The study analyzes involvement of children in the decade-long Maoist armed conflict in Nepal, an issue of grave human rights violations. An armed conflict affects all sections of the society irrespective of caste, class, gender, region, and religion. However, children have been one of the most vulnerable groups in the Maoist conflict in Nepal. The decade-long Maoist conflict in Nepal has various implications on children such as disruption of education, separation from families, killing and maiming, illegal detention, disability resulting from the conflict, etc. Thus, there has been gross human rights violation of children during the conflict. But one of the worst forms of implications of the Maoist conflict has been the recruitment of children as combatants by the Maoist Army, otherwise known as the People’s Liberation Army, formed in 2001, in their fight against the state forces, which is the focus of this study. The article explores how the poor disadvantaged children have been the major target of recruitment by the Maoist. It discusses the role played by the child recruits during the conflict. Besides, it examines the role played particularly by the United Nations as well as the Nepali civil societies in the protection, rehabilitation, and reintegration of children into the civil society.

2020 ◽  
Author(s):  

This GSoD In Focus Special Brief provides an overview of the state of democracy in Asia and the Pacific at the end of 2019, prior to the outbreak of the pandemic, and assesses some of the preliminary impacts that the pandemic has had on democracy in the region in 2020. Key fact and findings include: • Prior to the outbreak of the COVID-19 pandemic, countries across Asia and the Pacific faced a range of democratic challenges. Chief among these were continuing political fragility, violent conflict, recurrent military interference in the political sphere, enduring hybridity, deepening autocratization, creeping ethnonationalism, advancing populist leadership, democratic backsliding, shrinking civic space, the spread of disinformation, and weakened checks and balances. The crisis conditions engendered by the pandemic risk further entrenching and/or intensifying the negative democratic trends observable in the region prior to the COVID-19 outbreak. • Across the region, governments have been using the conditions created by the pandemic to expand executive power and restrict individual rights. Aspects of democratic practice that have been significantly impacted by anti-pandemic measures include the exercise of fundamental rights (notably freedom of assembly and free speech). Some countries have also seen deepened religious polarization and discrimination. Women, vulnerable groups, and ethnic and religious minorities have been disproportionately affected by the pandemic and discriminated against in the enforcement of lockdowns. There have been disruptions of electoral processes, increased state surveillance in some countries, and increased influence of the military. This is particularly concerning in new, fragile or backsliding democracies, which risk further eroding their already fragile democratic bases. • As in other regions, however, the pandemic has also led to a range of innovations and changes in the way democratic actors, such as parliaments, political parties, electoral commissions, civil society organizations and courts, conduct their work. In a number of countries, for example, government ministries, electoral commissions, legislators, health officials and civil society have developed innovative new online tools for keeping the public informed about national efforts to combat the pandemic. And some legislatures are figuring out new ways to hold government to account in the absence of real-time parliamentary meetings. • The consideration of political regime type in debates around ways of containing the pandemic also assumes particular relevance in Asia and the Pacific, a region that houses high-performing democracies, such as New Zealand and the Republic of Korea (South Korea), a mid-range performer (Taiwan), and also non-democratic regimes, such as China, Singapore and Viet Nam—all of which have, as of December 2020, among the lowest per capita deaths from COVID-19 in the world. While these countries have all so far managed to contain the virus with fewer fatalities than in the rest of the world, the authoritarian regimes have done so at a high human rights cost, whereas the democracies have done so while adhering to democratic principles, proving that the pandemic can effectively be fought through democratic means and does not necessarily require a trade off between public health and democracy. • The massive disruption induced by the pandemic can be an unparalleled opportunity for democratic learning, change and renovation in the region. Strengthening democratic institutions and processes across the region needs to go hand in hand with curbing the pandemic. Rebuilding societies and economic structures in its aftermath will likewise require strong, sustainable and healthy democracies, capable of tackling the gargantuan challenges ahead. The review of the state of democracy during the COVID-19 pandemic in 2020 uses qualitative analysis and data of events and trends in the region collected through International IDEA’s Global Monitor of COVID-19’s Impact on Democracy and Human Rights, an initiative co-funded by the European Union.


The book identifies a new human rights phenomenon. While disappearances have tended to be associated with authoritarian state and armed conflict periods, the study looks at these acts carried out in procedural democracies where democratic institutions prevail. Specifically, the book manuscript analyses disappearances in four Latin American countries (Mexico, Brazil, Argentina, and El Salvador) which provide insights into the dimensions of this contemporary social problem. The theoretical framing for the volume links contemporary disappearances with certain logics that emerged in the authoritarian and armed conflict periods and continue today. It also covers the evolution of legal instruments addressing past disappearances and the current phenomenon. Each case study is introduced by a personal story of disappearance, followed by analyses. The following ‘Tools’ section sets out ‘best practices’ used by civil society groups and non-governmental organisations to address the rights of victims for truth, justice, reparations, and guarantees of non-repetition.


Water ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 340
Author(s):  
Carly A. Krakow

This article analyses international law regarding the human right to water as it impacts people who are stateless, displaced, and/or residents of armed conflict zones in the contemporary Middle East. Deficiencies in international law, including humanitarian, water, human rights, and criminal law, are examined to demonstrate international law’s strengths and weaknesses for functioning as a guarantor of essential rights for vulnerable groups already facing challenges resulting from ambiguous legal statuses. What are the political factors causing lack of water access, and what international legal protections exist to protect vulnerable groups when affected by water denial? The analysis is framed by Hannah Arendt’s assertion that loss of citizenship in a sovereign state leaves people lacking “the right to have rights”, as human rights are inextricably connected to civil rights. This article demonstrates that stateless/displaced persons and armed conflict zone residents are disproportionately impacted by lack of water, yet uniquely vulnerable under international law. This paper offers unprecedented analysis of international criminal law’s role in grappling with water access restrictions. I challenge existing “water wars” arguments, instead proposing remedies for international law’s struggle to guarantee the human right to water for refugees/internally displaced persons (IDPs). Examples include Israel/Palestine, Syria, Iraq, and Yemen. A key original contribution is the application of Arendt’s theory of the totalising impacts of human rights violations to cases of water access denial, arguing that these scenarios are examples of environmental injustice that restrict vulnerable persons’ abilities to access their human rights.


Author(s):  
Ihdi Karim Makinara

Bantuan hukum adalah salah satu upaya mengisi hak asasi manusia (HAM) terutama bagi lapisan masyarakat termiskin rakyat Indonesia. Bantuan hukum harus dimaknai dan dilaksanakan sebagai upaya perjuangan menegakkan HAM bagi si miskin. Tujuan bantuan hukum perlu diperluas, dak saja terbatas pada bantuan hukum individual, tetapi juga struktural dan juga jangan terbelenggu dengan jalur-jalur formal semata. Dengan diundangkan Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum memunculkan permasalahan bagaimana pengaruh bantuan hukum terhadap masyarakat? Dengan menggunakan metode peneli an norma f dan dengan pendekatan data secara kualita f yang dianalisis deskrip f, didapatkan kesimpulan bahwa keberadaan Undang-Undang Bantuan Hukum belum maksimal memberikan pengaruh terhadap bantuan hukum bagi masyarakat miskin, karena bantuan hukum masih dalam jalur formalis k dan masih bersifat pasif. Pendanaan penyelenggaraan bantuan hukum yang digeser dari Mahkamah Agung, Kejaksaan Agung, dan Kepolisian kepada Menteri Hukum dan HAM dan dilaksanakan oleh Lembaga Bantuan Hukum atau Organisasi Kemasyarakatan agar dapat menyentuh orang atau kelompok orang miskin, tetapi besar anggaran perlu memper mbangkan proses peradilan yang berjalan, karena dikhawa rkan dapat menghambat orang miskin dan kelompok orang miskin untuk mengakses keadilan guna mewujudkan hak-hak kons tusional mereka.<p>Legal aid is an effort to fulfill human rights, especially for Indonesian poorest society. Legal aid should be interpreted and implemented as an effort of human rights enforcement for the poor. The purpose of legal aid should be expanded, not just limited to individual legal assistance, but also structural and not fe ered by mere formal channels. By enacted the Law Number 16 Year 2011 on Legal Aid, raises the ques on of how the in fl uence of legal assistance to the society? By using norma ve research methods and approaches qualita ve data were descrip vely analyzed, was concluded that existence of legal aid has not been maximized e ff ect to legal assistance for the poor, and because of it is s ll on formalis c track and passive. Funding of legal assistance shi ed from the Supreme Court, A orney General and Police to the Ministry of Jus ce and implemented by a Legal Aid Ins tu on or civil society organiza on in order to reach people or the poor community, but the magnitude of budget needs to consider the judicial process, because it feared could hinder the poor to access of jus ce to realize their constuonal rights.</p>


2013 ◽  
Vol 13 (3) ◽  
Author(s):  
Bitasta Das

The people of Assam have been the worst sufferers as a result of the ongoing conflicts. Three decades of widespread human rights violation in the form of arrests, detention, killings and at times genocide have made life miserable for the democratic civilian population. As a result, over the years, various political and non-political organization, intellectuals and various cross sections of the civil society have been demanding for a political solution for the long standing arm conflict known as ―Indo Assam Conflict‖. (Borbora 2008:3).The people of Assam have been the worst sufferers as a result of the ongoing conflicts. Three decades of widespread human rights violation in the form of arrests, detention, killings and at times genocide have made life miserable for the democratic civilian population. As a result, over the years, various political and non-political organization, intellectuals and various cross sections of the civil society have been demanding for a political solution for the long standing arm conflict known as ―Indo Assam Conflict‖. (Borbora 2008:3).


2021 ◽  
Vol 9 (08) ◽  
pp. 225-228
Author(s):  
Priscilla Bolivia Fernandes ◽  

In this article I have found out that, how a child labour is the exclusionary form of social practice in our society, for which the child is too young to deal with such exploitation intelligently. I revealed how their innocence is in threat with the presence of various forms exploitation or human rights violation due to child labour.Besides this I also revealed about the presence of lack of awareness in the society about the child rights which allows them to employ the poor child as they find them as cheap labourand hence they can be paid half of what an adult worker would need to be paid.


2007 ◽  
Vol 52 (3) ◽  
pp. 373-406 ◽  
Author(s):  
Matthew Hilton

This paper examines the consumer movement in Malaysia, especially the Consumers' Association of Penang and the Federation of Malaysian Consumer Associations. It traces their history from the late 1960s, through a period of rapid social and economic change associated with the New Economic Policy of the 1970s and 1980s. Partly because of the absence of other NGOs in Malaysia (due to government clampdowns on civil society), consumer groups were able to take a prominent position and to develop socio-political campaigns on behalf of the poor and the disadvantaged. This proved an inspiration to consumer organizing globally, especially in the developed world, but it is not clear that consumerism as a social movement can be sustained. Since the mid-1980s, other NGOs have emerged, eclipsing the influence of consumerism, and promoting a human rights agenda which has overtaken the politics of consumption as the dominant oppositional rhetoric of non-governmental groups.


Author(s):  
Rameshchandra Ningthoujam

<p>India’s northeastern region has been experiencing the least known but one of the longest-lasting armed conflict situation in South Asia. New Delhi government has been trying to control the situation through some restrictive or economic incentives such as the Armed Forces Special Power Act-1958 (AFSPA) or the Look East Policy (LEP) and others. However, these policies have been contested by many of the human rights activists, civil societies for their disruptive character, who have unmasked the disruptive substance of human rights violation and the militaristic developmentalism. The proposed paper will rather be a <em>tour d’ horizon </em>of India’s political dispensation at its northeastern frontier in general and Manipur in particular, that shapes the political affairs of this region since India’s Independence.</p><p><strong>Published online</strong>: 11 December 2017</p>


Author(s):  
Leslie London ◽  
Marion Heap ◽  
Laurel Baldwin-Ragaven

South Africa’s struggle against apartheid discrimination, including struggles in the health sector, laid the basis for a vibrant engagement of staff and students in human rights research, teaching and outreach in the Health Sciences Faculty at the University of Cape Town (UCT). This article provides a brief overview of this background context, then shows how this engagement has continued with new challenges emerging in the post-apartheid democratic period. Teaching at undergraduate and postgraduate levels has been complemented by a programme of ‘Training the Trainers’ in health and human rights. The programme targets teachers of health professionals at institutions in South and Southern Africa, resulting in national adoption of human rights competencies as an essential component of health professionals’ skills base. Research has also extended lessons learnt from the apartheid period into work with vulnerable groups, such as rural farm workers and the deaf, and seeks to build the capacity of marginal populations to change the conditions of their vulnerability in order to realize their rights. Partnerships with civil society organisations have been a strong thread, creating new knowledge and new ways of joint work towards realizing the right to health, including advocacy engagement in civil society movements and regional networks. Further, a focus on health professionals’ practice, in terms of dealing with potential dual loyalty conflicts and their role as gatekeepers in the health services on matters of patients’ rights, has shaped the research agenda. This article illustrates how knowledge production for the public good extends beyond notions of enhancing economic productivity for national development and provides a base for transdisciplinary and transinstitutional engagement. Additionally, non-traditional forms of knowledge networking and transfer have also been explored, including engagement with policy-makers and health managers. Finally, it is shown how the portfolio of social responsiveness activities in the health and human rights envelope has offered significant and novel mutual benefits to the University and the community.


2011 ◽  
Vol 5 (3) ◽  
pp. 456-476 ◽  
Author(s):  
Alison Crosby ◽  
M Brinton Lykes

Abstract1 Truth telling in response to massive violations of human rights is a gendered sociopolitical and cultural construction. It is also inherently relational and necessitates multidimensional engagement between state and civil society. Drawing on two years of feminist participatory action research, this article explores the significance of civil society-initiated truth-telling processes in Guatemala, in particular the 2010 Tribunal of Conscience for Women Survivors of Sexual Violence during the Armed Conflict. It seeks to clarify how local, national and transnational webs of relationships, and the speech acts and silences they simultaneously engender, inform processes of transformation from victim to survivor, or reinforce or reify victimization. The article examines the conditions under which indigenous women whose identities are deeply situated within local Mayan communities can narrate truth outside of those contexts, how the multiple spectators who are on the receiving end of those processes relate to ‘the pain of others’ and implications for future truth-telling processes.


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