Human rights violations are intense in the country and so are the socio-economic problems. Tarai-Madhes is believed to have suffered from such problems even more. Crimes have not abated here. Different agreements were reached between the Government and the Madhes-based political parties in the past to solve the long existing problems of the region but implementation level of the agreements is not satisfactory. In this context INFORMAL had talked with the former Commissioner of National Human Rights Commission Dr. Ram Dayal Rakesh on Human rights situation and contemporary issues related to Tarai-Madhes. An edited version:
How would you view the overall Human Rights situation in the Tarai -Madhes region?
The existing situation of Human Rights in the Tarai-Madhes region is horrific. Human rights are intensely violated and abused. Conflict in the country has come to an end but it applies to the hilly region of the country only. Madhes is still trapped in a whirlpool. I mean, it has been a complete five years since the formal ending of conflict, however, conflict continues in the Tarai region. I dont think it will come to an end so easily. Very recently a central level student leader of the Sadbhabana Party has been killed brutally in Sarlahi district but media and the administration have not taken notice of the incident. Media should have covered the news about the incident. Human rights organizations too did not show their concern on the incident neither did the National Human Rights Commission (NHRC), where personnel are agitating and expressing their aggression because of internal reasons. How can we expect monitoring of rights violations in the Tarai? Lack of proper monitoring of rights violation has further worsened the situation of impunity in the country. The sorry state of human rights in the Tarai is the result of impunity enjoyed by rights violators.
What do you think are the major problems in the Tarai-Madhes that are connected with Human rights concerns?
The main problem is that the organizations that work for the cause of Human rights are not equipped with sufficient resources and are with limited mandate. NHRC has not paid attention on the issue whereas it has its regional offices in all the regions. People are killed and unidentified groups are made responsible for the killing. Police express commitment for the arrest but what happens to the criminals next is rarely followed up. This is indicative of the fact that clear image of violations do not surface and become public.
Often, criminal activities in Tarai-Madhes are viewed to link with open border. Do you think there are other causes behind the criminal activities there?
Open border is one of the factors for the criminal activities there, its apparent. Similarly, there persists racial and ethnic kind of hatred and lack of cooperation among political groups. Diverse political parties and groups are active in the Tarai at a time when country suffers political instability. There is a tendency among the political parties to downplay each other in an unfair competition. This might be the other facet of human rights violation in the region. Parties have failed to exist and function in cooperation and collaboration so ordinary people are compelled to bear the consequences of the parties weaknesses.
Parties have such degraded relation ranging from the district level up to the center. The parties should have been committed at least for the cause of human rights, which consists the concepts of universal values and abstention from killing and violence.
However, human rights violations are taking place everywhere in the country not only in the Tarai-Madhes region. Police express their commitment to punish the abusers and violators but to no avail. Several professionals have been shot and killed in the valley itself but no responsible persons have been brought to justice. No one is safe. Anything can happen against anyone and anywhere. If any people are safe they are the people who travel on vehicles with bodyguards. If the capital city itself is in such a situation what can be thought of about the Madhes? Madhes is an orphan, it has been orphaned. I envisage dark future of Madhes. I have been writing in different papers and speaking in different fora about the degrading rights situation of Madhes but have not felt any positive change in the rights situation of the region.
Don’t you think that various agreements reached between the Government of Nepal and Madhes based parties were concerned more with power equation than the real problems long existing in the Tarai-Madhes?
Different agreements reached in the past have not been implemented. Different Madhes based parties and even the armed groups signed different agreements with the Government but implementation of the agreements is a problem. Signature alone is not a solution of any problem so the agreements can be interpreted to link with power politics as well. However, Madhes-based leaders are unhappy due to the non-implementation of the agreements they signed earlier. I think, any agreements signed honestly even with the armed groups will bring them to the political mainstream. One might question, how come the criminal groups be brought to mainstream! But, it is the government to differentiate between criminal and political groups. Nothing blocks the government from initiating dialogues with the armed groups. Non-implementation of the agreements reached earlier is also responsible for the rights violations in the Madhes region.
What’s your view on cooperation/non-cooperation of the Madhes based political parties in controlling crimes and guaranteeing Human rights?
Their role is paradoxical. There is gap between rhetoric of the leaders and the ground reality of Madhes. Madhes-based parties join governments by raising the issues of Madhes and they forget Madhes while in governance. But, when they have to step down they revive the issue of Madhes again. This has been a hindrance for the improvement of human rights situation of the region. Madhes lacks peace and more dreadful is the fact that people are not living in a friendly terms. Leaders have been reiterating that they are fighting for the rights of Madhesi people and have been trying their best for the purpose. However, such rhetoric and attempts have not yielded desired results. Even an ordinary person knows this. Madhes is crying for the timely solution of the problems it has been facing for long.
How have you perceived the incidents of explosions that have occurred in the recent past in the Tarai-Madhes?
These incidents are inhumane and against human rights. So, these incidents have to be, does not matter who ever are the people responsible for the incident, condemned. As a human rights defender I condemn the incidents. Such abuse of rights that terrifies ordinary people is a crime. We have to condemn such incidents, does not matter, wherever they take place.
Many issues connected with Human Rights of Tarai Madhes can be solved through legislation. However, questions are being raised that problems have to be solved via the new constitution. What provisions in the new constitution, do you think, will solve the problems of Tarai-Madhes?
Its doubtful whether or not constitution will be promulgated. However, I think, an abridged constitution has to be provided to the people within the extended time. For this, suggestions have to be collected from all walks of life but the constitution promulgated in this way should not be the final one. The urgency of constitution is more to the Madhesi downtrodden and backward people for these communities are discriminated exploited and their rights are violated. New constitution has to safeguard their rights so that these groups and communities will be able to feel their ownership in the constitution and accept it easily. Some groups are also there whom it does not make any difference whether or not constitution is promulgated but its a must for the Madhesi people, women, dalits, indigenous groups and backward communities. The new constitution has to make sure that these groups and communities will feel their ownership of the constitution and will be assured of themselves that their rights are guaranteed in the constitution.
Do you have any more to say on the issues of Tarai-Madhes?
I think, Madhesis have to be familiar with the ground realities of Madhes. However, the plight of Madhes and economic condition of ordinary people there stands as a big problem. There occurred two uprisings in Madhes but some select Madhesi people are enjoying the fruits of the uprisings. Ordinary people have not felt any relief there. Such benefits taken by the select people should not be perceived as an accomplishment. Achievement should be judged on the basis of facilities and reliefs enjoyed by the ordinary people. Resources of Tarai are being misused and smuggled in an organized way. Local administration and leaders are involved in such activities. I dont see any guardian in Madhes so Madhesi leaders have to pay attention on this. Its the political leadership of Madhes who have to work for Madhes. We cannot do anything except speaking and writing for the better rights situation in the region.