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Regional
People's Assembly on Conflict, Displacement
and Migration:
Challenges for Peace and Development
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| Birat
declaration for action |
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Birat declaration
for action
| Considering that the
escalating violent conflict has crippled
the nation for the past eight years with
profound effect on political, ecnomic, social
and cultural spheres resulting in multifaceted
consequences,
Realizing that the present
internal armed conflict has contributed
to constitutional crisis aggravating people's
right to life along with
other non-derogable rights at a great risk,
Alarmed of the precarious
circumstances in which citizens' freedom
of
expression, right to information, basic
education, and security have been abruptly
infringed and the nation is progressively
deteriorating towards a failed state,
Convinced with the fact
that women and children are at grave risk
due to unsafe migration as a result of internal
armed conflict whereby their right to health
has been grossly triggering unprecedented
vulnerability,
Concerned with the implausible
circumstances whereby youths in particular
are caught into cross-fire resulting in
massive drainage of human resources compelled
to flee elsewhere in search of alternatives
to growing threat to human security,
Aware of the fact that
people's life is at risk against the backdrop
of escalating internal displacement causing
massive proliferation of anti-human rights
incidences such as unsafe migration, human-trafficking,
forced labor and slavery-like situation,
We, the delegates numbering in over 550
assembled in the industrial city of Biratnagar
representing various walks of life including
women, youth, children, community-based
organizations, governmental, nongovernmental
and intergovernmental organizations, media
and survivors of the eastern region at the
Regional People's Assembly on Conflict,
Displacement and Migration: Challenges for
Peace and Development held on November 11-12,
2003 with a prime dictum "safeguard
of human rights, violence-free society,
and protection of life" endeavoring
to amplify citizens voice to attain just
peace, equality, and sustainable development
have unanimously promulgated the following
Birat Declaration.
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We urge the state and the insurgents
to immediately halt systematic and gross
pattern of human rights violation that
has accelerated during the internal
conflict with a dire consequence of
infringement of fundamental human rights
including extra-judicial killings, rampant
torture and involuntary disappearances.
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We demand to cut back the increasing
military expenses and implement
programs that ensure basic human needs,
economic, social and cultural foundation
in order to restore the derailed constitutional
regime and address growing frustration
among general public emerged in the
absence of the realization of fundamental
rule of the law.
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We appeal to initiate consensus-based
political process to retain rule of
the law against the backdrop of long-standing
political vacuum resulting in unchecked
anomalies in political, economic, social,
legal, administrative, foreign, and
diplomatic spectrum with a mission to
restore the rapidly eroding pluralistic
norms.
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We urge the government to enforce
a special legal-administrative mechanism
in compliance with the United Nations
"Guiding Principle" on internally
displaced persons in the given severe
difficulties encountered by survivors
who are abruptly deprived of their basic
livelihood, education and health services.
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We appeal to make the security system
legal, transparent and scientific to
end the infringement of citizens freedom
of movement and mobility by ensuring
the observance of people's right to
privacy, integrity and dignity.
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We strongly demand to establish a
truth and reconciliation commission
to address the problem of impunity and
bring the human rights perpetrators
and war criminals, who are directly
and indirectly responsible for the crime,
to justice and provide compensation
and rehabilitation to the victims and
the survivors.
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We demand the concerned parties to
make a pubic pledge against child soldiering,
exploitation of child labor, rape, sexual
violence and forced recruitment, and
deliver counseling services for trauma
healing so that the imminent cycle of
violence can be duly addressed.
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We ask the concerned authorities to
introduce administrative and diplomatic
instruments in order to regulate foreign
employment with rights-based approach
in the light of non-protective labor
rights standards prevalent in the countries
of destination for a huge outflux of
Nepali migrant laborers who are bound
to enter into foreign labor market in
search of basic human needs.
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We strongly urge the state and the
insurgents to immediately declare ceasefire
in honor of the long-cherished popular
thirst and refrain from protracted conflict
keeping in view that dialoguing is the
only alternative to enhance just peace,
human rights and equitable society.
Dated: November 12, 2003
Biratnagar, Morang
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Birat
declaration for action > A brief Report
A
brief Report on
A Two-Day Regional People's
Assembly on
Conflict, Displacement and Migration:
Challenges for Peace and Development
Biratnagar, Nepal
November 11-12,2003
Developed and Compiled by Manju Karki
WOREC Kathmandu
November 2003
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| 1. |
Executive
Summary |
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A two-day regional workshop entitled 'Conflict,
Displacement and Migration: Challenges for Peace
and Development', was held in the eastern region
of Nepal at the industrial city Biratnagar. Considering
the escalating violence in the country, it was
WOREC's attempt, as a human rights organization
to take an initiative that would allow people
from several walks of life to discuss the pressing
issue, generate ideas and move forward in the
peace building process with appropriate strategies.
Accordingly, the forum was able to give insights
via presentations on conflict and related matters,
share knowledge and discuss the ways to move ahead.
The assembly brought together people from all
walks of life to share the knowledge and work
together, developed Declaration for Action, formed
Peace Youth Network, strengthened participant's
determination to take steps in establishing peace
and increased people's understanding on the matter
of conflict and its linkage to other sectors.
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| 2. |
Introduction |
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For the past eight years, Nepal has been experiencing
escalating political conflict arising from struggles
between the Communist Party of Nepal (CPN Maoists)
and His Majesty's Government of Nepal. Although
the conflict has arisen in the political sphere,
it has had serious consequences for the economic
and social situation of communities, and of the
country as a whole. While migration has always
been intertwined with the history of Nepal, the
conflict situation has led to a drastic increase
in migration and has altered the reasons for migration.
The political conflict has also had strong impact
on development programs; while the government,
NGOs and communities have attempted to continue
to mobilize and work towards the goals of social
justice and sustainable development, this work
is being compromised in various ways; many programs
have had to shut down due to safety concerns of
the staff and community members involved. Communities
are becoming dis-empowered in their ability to
direct their visions of development because of
displacement, insecurity and violence, and have
been left without a voice in the conflict between
the government and the Maoists. Moreover, the
conflict situation itself has had a significant
impact on the physical, mental and sexual health
of women, youth and children as evidenced by the
lack of health care access, increased rate of
sexual violence and displacement. In light of
the aforementioned complexity, a forum to discuss
the issues was strongly felt.
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| 3. |
Objective |
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The overall objective of the workshop was to
initiate a peace building process involving all
sectors primarily community.
| 3.1 Specific objectives of the people's
assembly were: |
- To provide a forum for communities to
share the ways in which the political
conflict is affecting community-based
development and sustainable livelihoods.
- To analyze the impacts of the micro
and macro levels of violence experienced
by youth and to develop strategies to
promote the human rights of youth within
the present political context, particularly
in relation to safe migration.
- To discuss the impact of political
conflict on migration and displacement,
and to develop an action plan.
- To review policies and programs of the
government in regard to youth and women,
and the ways in which these policies and
programs correspond to the international
commitments embodied in Convention on
Elimination of all forms of Discrimination
against Women (CEDAW)
- To examine the link between domestic
and political violence in relation to
women, and to develop pragmatic solutions
to safeguard women's right to health against
this backdrop.
- To examine the role of the media in
supporting the peace building process.
- To develop a declaration for action
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| 4. |
Participants |
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About 575 participants attended the assembly
in total that comprised NGOs, INGOs, employment
agencies, elected officials, political party leaders,
tarun dal, prarayu survivors/returnees, trade
union/women's association participants, women/CBOs,
youth, youth volunteers, media, task force, children,
and others. On each issue related symposium, participation
ranged from 75-150 each.
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| 5. |
Opening session |
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The coordinator of the assembly Ms. Soni Pradhan
commenced the assembly followed by the seating
of the assembly chair and guest of honors. Each
guest of honor then made short remarks.
| Sujan Raut Child |
representative, Rangeli |
The present conflict has
violated a child rights. Children, who are
supposed to be holding books are made to
hold guns, and are unwillingly dragged to
the unnecessary war. Several kids are forced
to become street children. Due to violent
conflict, children have becomes orphans
leading into forced displacement, as well
as trafficking.
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| Kamala Rai |
Youth representative, Udaypur |
The present conflict has
affected youth on physical, mental and intellectual
level. In a two-way tug of war between the
ruling party and the armed rebel, youth
has been dragged in. Thousands of youth
are forced to leave the country. It has
thus become crucial for the ruling party
as well as the rebellion party to look at
youth little more closely, and determine
their activities accordingly.
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| Dev Kumari Mahara |
Women representative, Siraha |
The magnitude of violence is twice as much
among Dalits (scheduled castes), one by
falling in Dalit group, the other being
Dalit women. The ruling party suspects and
punishes most to the youth and men of Dalit
group. Such trend has led to killings a
number of Dalit youth and men making widows
to several Dalit women.
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| Ms. Dev Kumari Thapa |
Distinguished Senior Literateur |
Peace and development go
hand in hand. Even the religious epics have
given women an utmost respect. Violence
against women, human trafficking, sexual
harassment to children, witch-blaming to
elderly and middle aged women kind of ill
behavior still prevails in our society.
All women should move ahead unified to establish
a conducive environment for empowering women.
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| Mr. Anil Kumar Thakur |
Local District Development Officer,
Morang |
| NGOs have played an important
role in coordination and implementation
for the development of the society. Also,
government programs will become successful
if they are run in cooperation with the
people, people's representatives and other
organizations.
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| Mr. Kailash Nath Kharel |
Assistant to the Chief District Officer,
Morang |
Conflict is a clash between
two views. It takes place at an individual,
home, society, national as well international
level. Society cannot move forward without
conflict. It is an ongoing process in the
society. There are two kinds of conflict,
a violent conflict and a non-violent conflict.
The conflict prevailing in our country now
is a violent conflict. Women, children and
youth are affected most.
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| Mr. Sushil Pyakurel |
Human Rights Commission Member |
Human Rights Commission has
been weakened, but not tired. No single
sector should be allowed to cross the limit
bound by laws and rules of governance. Unlawful
violent activities are unacceptable from
both the government as well as the struggling
rebel parties. Ruling party should abide
by the perimeter set forth by the law. Maoists
parties should also stand as a responsible
political party not going beyond national
and international laws.
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| Dr. Renu Rajbhandari |
Assembly Chair, Founding Member, WOREC |
It is about the time that we, women transformed
ourselves to Durga (a saviour goddess defeating
evil over good) to bring violence against
women to an end. Nepal has signed several
treaties, conventions, and international
laws against women, displacement and violence
but is yet to enforce them appropriately.
Women are not behind but made to leave behind.
We should stand up ourselves and create
our own future.
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| 6. |
Issue-based symposiums |
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In the second half of the afternoon, five issue-based
symposiums were held simultaneously on different
issues. Panel discussions were held in the first
half of the symposium, and in the second half, groups
came up with recommendations to resolve the issues.
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6.1 Challenges to women's health in
the context of conflict
This symposium was aimed at examining the connections
between domestic and political violence in relation
to women, and developing pragmatic solutions to
safeguard women's right to health against this
backdrop. This symposium was facilitated by Ms.
Anjana Shakya, paper presented by Ms. Indira Koirala,
and opinions given by each panelist.
The excerpts from the symposium were as follows.
Nepal being the patriarchial society, women are
fallen behind in all sectors. The condition is
worsened further due to structural violence and
discrimination in practice. It is also important
to note that while violent conflict has had many
negative affects, it has improved some sectors
such as lower consumption of alcohols, which in
turn is linked to violence. The problem women
are facing due to the conflict is on three different
levels: family, societal and physical/mental level.
There has been some endeavors to resolve the problem
but has not been adequate.
| Recommendations |
- Systematic management of health workers
in the VDCs, and mandatory station of
health service provider at the health
center
- 24 hour health service, and trained
health provider to carry out safe delivery
- Health information transmission in
the media
- Enforcement of the signed health treaties,
conventions in practice
- Amendment of the constitutional bodies
to further include women in the development
process and eliminate any sort of discrimination,
violence.
- Relief assistance to the conflict victims
and their family by the government.
- Inclusion of topics such as reproductive
health, women's health rights and other
relevant information in the academic curriculum.
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6.2 Youth in the cycle of conflict:
challenges and alternatives
The aim was to analyze the impact of the micro
and macro levels of violence experienced by youth,
and to develop strategies to promote the human
rights of youth within the present political context,
particularly in relation to their well-being and
development. This symposium was facilitated by
Mr. Dinesh Prasain, paper presented by Ms Soni
Pradhan, and brief presentations were made by
each panelist.
The highlights of this symposium were as follows.
In the present context, youth faces a wide array
of challenges and problems. The few to name are:
forced migration, hindrance in education, trafficking,
unemployment, unsafe migration, sexual harassment,
depression, hindrance in prospering the talents,
rape and social hatred, disruption of daily life,
mental and psychological impact, and deprivation
of exercising their rights.
| Recommendations |
- Work toward resolving the unemployment
problem such as providing skilled trainings,
vocational trainings and relevant information
by ministry of labor
- Focus on providing quality education
- Instill a sense of responsibility toward
the nation among youth
- Enforce laws and regulations in practice,
correct the political crisis and maintain
equality on all levels
- Proper use of local resources
- Create pressure among those in political
power
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In the process, youth themselves can take on
different roles such as: organize and strengthen
their activities of interest, develop a work plan,
seek support from organizations that are interested
in providing employment tools and trainings, raise
voice against prevailing social ill behaviors
and malpractice, create a mutual saving fund,
develop leadership and youth network, establish
a youth counseling center, and mobilize youth
for youth. The formation of Youth Peace Network
at the assembly was also annouced. The network
vowed to engage in a variety of awareness raising
and peace initiative activities.
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6.3 Safe Migration: Challenges and
Opportunities
This symposium was aimed to analyze the impact
of political conflict on migration and displacement,
and to develop an action plan for communities,
NGOs and GOs to promote safe migration and the
human rights of migrating persons. The major points
of this symposium were follows. This symposium
was moderated by Dr. Gopal Krishna Siwakoti, paper
presented by Upama Malla, and opinions shared
by experts in the field.
The highlightof the symposium is outlined below.
Migration is natural, worldwide phenomena and
is a human necessity as well as a basic right.
However unsafe migration puts the right into risk
which results into trafficking, forced labor and
violation of human rights. Migration, if carried
out effectively benefits three sectors migrant,
the country of origin and the country of destination.
The challenges the nation faces that lead to
migration are : Lack of secured life,
economic crisis, unemployment, ineffective labor
laws, non-affirmative payment
violence at home, lack of responsibility, urbanization,
lack of awareness, traditional agricultural practices,
corruption, centralization of capitals. While
it was acknowledged that the endeavors were being
done by different sectors, it was also established
that much more needs to be done, for which a few
recommendation are :
- Strongly enforce laws and regulations
- Exercise Geneva treaty section-3 in
practice
- Make government and NGO activities
transparent
- Put peace, security and ruling in place
- Declare child peace zone
- Keep systematic track of internal and
external displacement
- Establish a fund for migrants
- Provide counseling, rehabilitation
and reintegration for conflict victims
- Draft clear laws for refugees
- Increase government investment in agricultural
sector
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6.4. Consultation workshop on Beijing
+10
This symposium was aimed to review policies and
programs of the national government in relation
to youth and women, and the ways in which these
policies and programs correspond to the international
commitments embodied in CEDAW as well as to the
Twelve Critical Areas of Concern of the Beijing
Platform for Action (BFPA). This symposium was
moderated by Ms. Sabitri Shrestha and presentation
made by Ms. Sushila Shrestha.
There has been some program implementation attempts
on the basis of Beijing conference. However, they
have not been successfully executed due to barriers
primarily, structural gender discrimination.
- Some suggestions and recommendations for future
directions are
- Practical implementation of Beijing Declaration
- Rehabilitation programs for women displaced
due to the conflict
- Framing of special programs for women who
are conflict victims
- Amendment of the laws as necessary
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6.5 The role of the media
This topic was aimed to identify the role of the
media in contributing to building sustained peace
in the context of political conflict. The symposium
was moderated by Mr. Devika Timilsina, and paper
presented by Ms. Madhu Rai. At the symposium challenges
and problems as well as recommendations for future
were discussed. The challenges media currently
faces are: fear of reporting news by the victims,
media intervened by different parties/sectors,
masking of real incidents by those who create
it, inadequate recognition of the journalist's
hard work, open attack to media personnel by struggling
party and ruling party and lack of relief assistance
to the media personnel in an event of becoming
conflict victims.
| Recommendations |
- Government should guarantee the safety
and security of the media journalists
- Rights to information should be enforced
- Ruling and struggling party should respect
the media journalism and journalists
- Relief assistance and support system
should be made available to the media
personnel that become the victim of the
conflict
- Open attack to the media personnel should
be brought to an end
- Media journalists should be able to
report any kind of news freely
- Media journalists should abide by the
journalism ethics
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| 7. |
Platform for Action |
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Dr. Gopal Krishna Siwakoti shared the Platform
for Action that was developed based on the discussion
and group work over series of programs held.
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| 8. |
Closing Remarks |
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Mr. Chundamani Acharya, member secretary of
Nepal Bar Association gave an appreciation to
all those involved in holding the assembly successfully
in such a difficult time. He also said, in the
present context we should take peace initiatives
ourselves rather than relying on others
Dr. Renu Rajbhandari stated that the BIRAT declaration
for action is a small attempt on our part, but
will occupy a strong place historically. She also
said that our responsibility did not end at the
development of Declaration of Action, in fact
it just began.
Prof Dr. Kailash Nath Pyakurel made a remark
saying that if we move forward unified anything
can get done, and congratulated the organization
for successfully holding the assembly.
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| 9. |
Others events |
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Other events comprised cultural program, press
conference and peace rally.
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| 10. |
Conclusion |
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The assembly was completed successfully with a
number of accomplishments such as formation of
Youth Peace Network, determination of women's
group to pressure the government in establishing
peace, strong recommendations for future directions
on each issues discussed and the declaration for
action. The assembly was also able to meet the
objective the organization had set forth. Encouraged
by the turn out and participation of the assembly
WOREC intends to expand the peace campaign to
other regions of Nepal.
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