“Dalits want the government to strictly implement the rule of law in order to throw out the root of untouchability and caste-based discrimination.”

“The Durban review conference is very important, and it may enable the Dalit movement to put its voice very strongly at national and international fora to promote Dalit rights in the new constitution of Nepal. “

- Bharat Nepali

The anti-racism Durban Review Conference in Geneva, Switzerland concluded with a global agreement aimed at achieving real changes in the fight against racism. The review conference from April 20-24 assessed the progress made since the 2001 World Conference against Racism (WCAR) held in Durban, South Africa. The previous Durban conference had led to the adoption by consensus of the Durban Declaration and Programme of Action (DDPA), which is the most important framework in combatting racial discrimination. Nepali Dalit representatives from both the government and non-government sectors participated in the review conference.

Obligations

The participation of Nepal in the conference is expected to make very significant contributions in promoting Dalit rights while preparing the new constitution. The new constitution should act as a roadmap in helping Nepal meet its international human rights obligations to secure Dalit rights and their meaningful participation in the political, economic and social life. Nepal’s international human rights treaty obligations include: ensuring non-discriminatory access to citizenship, the right to equality and non-discrimination, civil and political rights, the right to be free from torture and other cruel, inhuman acts, and the right to a remedy for human rights violations.

Although Nepal has made commitments to international treaties and conventions in terms of providing justice to those whose rights have been violated, Dalits are more a victim of caste-based discrimination and the practice of untouchability. Neither the government nor the civil society has been able to put the instruments of the declaration and programme of actions as committed in the WCAR 2001 into practice. The practice of caste-based discrimination and untouchability is rampant in Nepal. For instance, Ms. Kalli Kumari B.K. was accused of practising witchcraft by the villagers on March 20 in Lalitpur and mercilessly beaten up, besides being humiliated in public.

Most recently, Sunita Biswokarma, a Dalit woman from Sindhupalchowk district who is temporarily living in a rented room at Kapan, Kathmandu was beaten with a rod by the local people. The incident erupted after Sunita touched a public water tap, rendering it “polluted”.

At the initiation of the Dalit civil society and media, action is being initiated to provide justice to Kalli Kumari and Sunita. The district administration office and police have shown reluctance to punish the culprits. In spite of repeated requests, the authorities have failed to take any action against the culprits involved in those cases. While it is a failure of the state to punish criminals, this is only helping to promote impunity against acts of discrimination against Dalits.

Impunity especially in caste-based discrimination is widespread and increasing by the day. The state has not adopted any measure to end the difficult situation of impunity in the society. The WCAR declaration has urged states to take all necessary constitutional, legislative and administrative measures to promote equality.

Despite heavy civil society pressure at the WCAR, there was, however, no reference to caste-based discrimination in the final document of the Durban Declaration and Programme of Action. At the Durban review conference, there was active participation by Dalit activists from Nepal and India who were expected to play a leadership role in placing the caste-based discrimination and untouchability situation in the international agenda. Although the conference outcome represented another concrete and bold step in advancing the global struggle against racism, caste-based discrimination could not be included in its document.

Along with the recommendations and analysis of the Dalit movement in Nepal, Dalits’ participation in the review conference from Nepal was seen in the present context of lobbying for Dalit’s rights. It may provide Nepalese lawmakers with tangible means to demonstrate the country’s commitment to equal rights under international law. Strong pressure is needed at the national and international level to promote Dalit rights in drafting the new constitution. That’s why the Durban review conference gave a clear message to sceptics that the world remains united as we conduct this struggle, a struggle that requires the participation of all who care about promoting the rights of all individuals and communities.

At any rate, Nepal should stimulate the existing laws to ban untouchability and enforce accountability to those who violate human rights. But there is no strong implementation strategy yet and the state lacks the appropriate monitoring and evaluation mechanism to ensure that all steps are taken properly to ban untouchability. In the absence of an implementation mechanism and rule of law, the government machinery is unnecessarily influenced by the so-called high caste people.

If the rule of law is to be respected, the government should take rigid legal action immediately against those who encourage untouchability. Dalits want the government to strictly implement the rule of law in order to throw out the root of untouchability and caste-based discrimination.

Policies
At length, the Durban review conference is very important, and it may enable the Dalit movement to put its voice very strongly at national and international fora to promote Dalit rights in the new constitution of Nepal. Unless Dalit rights are guaranteed in the new constitution and subsequent laws and policies are made to promote them, the violation of Dalit rights will continue in Nepal.

[This article published in The Rising Nepal on 7 May 2009]