GNH guarantees human rights

November 13 – Bhutan’s experience of democracy, Gross National Happiness, women and child’s rights, an independent judiciary and the issue of the people in the camps in Nepal form the core of the report on the human rights (HR) situation in the country, which will be presented to the human rights council (HRC) in Geneva on December 4.

On the experiences and challenges of a parliamentary democracy, the report states that the government is aware of its responsibility to make democracy an “irreversible” process by “entrenching the values and culture of democracy.” It says that the present government “has made concerted efforts” to achieve this and wants to ensure the success of a young democracy.

On the current practice of parliamentary democracy, the report acknowledges problems that need to be solved, for instance, a requirement for clearer definitions on the roles of the two houses of parliament. It says the role of the national council in approving financial bills and other cabinet decisions need to be “ironed out”. The government is also aware of the importance of an empowered free media, the report says, and has pledged an open and transparent system.

On the promotion and protection of HR in the country, the Constitution of Bhutan and the development philosophy of GNH ensures every citizens HR, says the report. It points out articles 7 and 9 in the constitution, while on GNH it says, “The philosophy upholds strong principles of equality of all human beings, our interconnectedness with other living beings and the rights and responsibilities that must guide human conduct.”

The report also points out the formation of a national assembly HR committee to make the legislature a major player in the protection and promotion of HR.

“Laws are applied equally to all citizens without exception and trials are conducted in public, except for certain circumstances such as in cases involving juveniles,” says the report. The report points out that the present government has also made “concerted efforts” in guaranteeing the independence and strengthening of the judiciary.

“Women in Bhutan enjoy equal status with men,” says the report, pointing out that Buddhism has “provided a secure environment for women.” It highlights that women in Bhutan not only inherit property but also have decision-making powers on property and family matters. But the report acknowledges the existence of male superiority. In order to address this, a domestic violence bill is being drafted, and the 10th plan is more focused on gender and women’s empowerment in all national plans and policies.

Bhutan’s commitment to the protection and welfare of children is obvious, from it being one of the first countries to ratify the convention on the rights of child in 1990, says the report. It states that children have access to free education up till class 10, and that Bhutan has made “impressive progress” towards achieving universal primary education (92 percent) and ensuring gender equality in education (1.01).

Despite 3.4 percent of the Bhutanese population living with disabilities, due to “institutional capacity constraints, Bhutan has not yet signed the convention on rights of persons with disabilities,” explains the report. It says that the present government is currently reviewing the convention and that efforts are being made to integrate disability related programs into socio-economic development plans. Although, a civil society act and civil society organisation (CSO) authority currently exist, CSOs do not have legal status, says the report. Currently, 33 CSOs applications are pending with the authority. The report states that they will have “legal status once listed as CSOs with the authority.”

On public awareness of HR, the report says that, agencies such as the national commission for women and children (NCWC), the royal court of justice, the scouts program, and UNICEF have been involved in educating law enforcement officials, judiciary parliamentarians, local government officials, media, and youth.

The report also addresses the issue of illegal immigration. The report points out that in 1988 a large number of illegal immigrants were detected in southern Bhutan, which led to the government implementing stricter citizenship and immigration laws. This led to persons with vested political interests creating unrest by claiming discrimination, it says. Inadequate screening procedures at refugee camps in Nepal, “led to the congregation of all kinds of people in the camps,” it adds.

The report refers to the situation as “not a typical refugee situation, but one of highly complex nature.” The report reiterates Bhutan’s commitment to finding a solution based on agreements already reached by the governments of Bhutan and Nepal, and also that illegal immigration will continue to be a threat to Bhutan’s security, and political and cultural entity.

The report concludes with Bhutan’s commitment to actively participating in all UN HR activities, “with the objective of drawing on international best practices that can be incorporated into relevant domestic policies and regulations.”

source: kuensel