Current Activities of FOHRID

Human Rights Sector

A. Ending unlawful killings and impunity project

FOHRID Human Rights and Democratic Forum has recently commenced a campaign entitled Joint initiative for ending unlawful killings and impunity in Nepal. This initiative has been funded through the European Initiative for Democracy and Human Rights (EIDHR) managed by the European Commission. The first phase of this campaign will run for two years from January 2006 to December 2007.

FOHRID will implement the campaign and be responsible for overall coordination and management but all stakeholders will share ownership of the campaign. Involvement of various individuals and institutions will contribute to accomplish this common campaign effectively. This campaign aims to ensure an impunity free society by creating synergy to the people's initiative to combat unlawful killings prevalent in the country stressing an impunity free society as the right of all Nepalese people.

Overall objective

1. To end unlawful killing and impunity for strengthening the rule of law and promotion and protection of human rights.

Specific objectives

1. To develop public interest campaign to draw attention of the target groups to end impunity in the security forces for improving rule of law;
2. To initiate debate on draft legislation recommendation for the end of impunity;
3. To create pressure against Maoists to respect human rights;
4. To initiate discussion for establishment of a task force at the national level to combat impunity;
5. To initiate advocacy for improved respect of human rights.

Activities
1. Campaign and advocacy
1.1 Public hearing and mass demonstration
1.2 Focus group discussion
1.3 Interaction / round table discussion
2. Draft legislation against impunity
3. Prosecute public interest litigation cases on the issue of impunity
4. Study on impunity
5. Task force formation for combating impunity
6. Formation of long term strategy action plan to combat impunity

B. Initiative to combating torture and impunity project:

The campaign on Joint initiative to combat against Torture and Impunity in Nepal has been funded by European Initiative for Democracy and Human Rights (EIDHR) of European Union. FOHRID Human Rights and Democratic Forum, as the implementing organization, will be responsible for coordination and management of this initiative. However, it will be implemented as a common campaign of the stakeholders. During the implementation process, ownership of this campaign will be with all the stakeholders.  This campaign will run for two years from January 2007 to December 2008.

This joint initiative aims to attain the following objectives:

Overall objectives:

1. To combat against torture and impunity for the protection and promotion of human rights, rule of law and democracy.
2. Protection, promotion and respect of human rights according to the Universal Declaration of Human Rights – 1948 and other relevant international instruments.
3. To take initiative to end impunity for protection and promotion of rule of law.
4. To initiate campaign for the ratification and implementation of Rome Statute 1998 of ICC at the domestic level.
5. To initiate campaign for immediate signature and ratification of other UN Conventions and Optional Protocols by Nepal.
6. To establish culture of peace and conflict management.
7. To strengthen democratic process and culture through institutional capacity building at all levels.
8. To enhance institutional infrastructure and capacity building of FOHRID.

Specific objectives:

1. To build a public interest campaign against torture and impunity for improvement of the state of rule of law, democracy and human rights culture.
2. To initiate public advocacy on the need of improving Nepalese criminal justice system to check torture and impunity.
3. To sensitize target groups on the importance of Rome Statute 1998 and Optional Protocol of CAT 2002 and to create a pressure on government for signing, ratifying and implementing them.
4. To prepare a Resource Book on the Rome Statute and ICC in order to impart the fundamentals of the instruments to the target groups.
5. To draft legislation / recommendation relating to the rights and compensation for the victims of torture based on the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985 and CAT.

c. Initiative focusing minority and group rights:

This initiative is being implemented together in 5 countries in South Asia namely Nepal, Bangladesh, India, Pakistan and Sri Lanka jointly by different organizations. The programme is funded by National Endowment for Democracy (NED) and is being implemented in South Asia by International Centre for Ethnic Studies (ICES), Sri Lanka. Major aim of this programme is "Building a culture of human rights in South Asia by enhancing the protection and promotion of minority and group rights."
The initiative has following two immediate objectives:

1. To promote research and provide information on the situation of minorities in South Asia
2. Consolidate national and regional networks aimed at promoting and protecting minority rights.

Under this initiative, FOHRID, in collaboration with other regional partners, accomplished updating "Advisory Services Directory" and prepared a "Draft Charter on Minority and Group Rights in South Asia".

11. 2.    Democracy strengthening programme

1.  Campaign for constituent assembly:

For strengthening democratic process, FOHRID has prioritised issue of people's participation in the process of constituent assembly in this campaign. Rural Self-Reliance Development Centre (RSDC) and FOHRID jointly conducted "Initiative for people's participation and ownership in the Constituent assembly", a project funded by ESP/DFID. We produced Advocacy Guidebook for CA Activities and leaflets under this project. Likewise, activities such as TOT, sensitising people at the local level were conducted at Palpa, Makwanpur and Dhanusha districts.

We have felt that we must render high priority to sensitise people on constituent assembly. Discussions and sensitisation programmes are being conducted among stakeholders on the concept, methodology and procedures of constituent assembly. Main focus of this campaign is to advocate constituent assembly at the highest level and to create awareness in the people and to sensitise them in favour of inclusive State through a new democratic process.

11. 4 Initiative for conflict affected people

FOHRID has initiated special programmes targeting the conflict affected people. A national level workshop was held on "Access to justice and sustainable livelihood for conflict victims" was held in Kathmandu on 24 May 2006 with financial support from Action Aid. Similarly, another project entitled "Advocacy for social, economic and legal justice for victims of conflict is being implemented with funding from the same agency. Major objectives of this project are given below:

Long term objectives

1. To make efforts to include full fledged social, economic and legal justice for the victims of conflict in the mandate of the TRC.
2. To create public opinion through advocacy to place in priority the issue of justice for the victims during the transitional phase.
3. To initiate debate on the international experiences of TRC and create pressure to establish it for transitional justice.

Immediate project objectives:

• To conduct workshop involving the conflict victims at the local level to identify their issues and raise voice for their resolution.
• To conduct advocacy for pressure against government to address immediately the needs regarding livelihood, justice, rehabilitation, compensation and redress of the conflict victims.
• To enable conflict victims to take benefits from the relief programs to be initiated by the government.
• To raise the issues of conflict victims from local to central level.
  
  Vision of FOHRID Human Rights and Democratic Forum is to be active in protection, promotion, respect and understanding of human rights and to remain active for the conflict resolution and peace building. Likewise, the activities of FOHRID are centralized to ensure a peaceful democratic society by strengthening inclusive democratic system. FOHRID has been facing difficulties to run its activities due to lack of sufficient financial resources and institutional infrastructure. Hence, it is felt that we have to concentrate our priorities in two areas. Firstly, enhancement of institutional infrastructure and capacity building; and secondly, fund raising for the preparation and implementation of projects complying with the FOHRID vision. FOHRID has focused on the issues of human rights, inclusive democracy, conflict management and peace, capacity building of organization and the institutional infrastructure development activities. Activities of FOHRID conducted by the help of little resources collected from donor community and contributed voluntarily by its well wishers can be summed up as follows:
  
  FOHRID has been conducting following programs in the human rights sector:
  
  A. Human rights education program:
  
  
  
  FOHRID has been conducting one day human rights education program targeting the students of higher secondary and secondary levels and general public. We have prepared a draft Handbook for human rights education program, which is updated every year.
  
  B. Monitoring and reporting human rights situation:
  
  We have initiated monitoring of the incidents of human rights violation from both the Maoists and the State. Side by side, we have submitted reports on human rights violation to the concerned authorities. We have been preparing regular review of human rights situation of the country as 'HR Feature' and disseminating it widely to the national and international communities. FOHRID has been undertaking effective measures to create public awareness against the incidents of human rights violation.
  
  C. Implementation of International Humanitarian Law (Geneva Convention) Common Article-3 in Nepal:





Considering the ongoing internal armed conflict in Nepal, FOHRID has been conducting interaction, talk programsand lobbying for the implementation of International Humanitarian Law (IHL) among the stakeholders. In this course, first phase program has already been completed amongst the high level security officials and government representatives. ICRC Nepal contributed technical support (resource person and resource materials) for the program and German Development Service-DED Nepal extended financial support.

Objects:



• To create public awareness for respect and implementation of IHL, Common Article-3
• To draw the attention of the parties at conflict for implementation of IHL
• To reduce impunity


D. Study on implementation status of Six Core Conventions:

FOHRID has been conducting regular information collection and documentation on the implementation status of the Six Core Conventions (International Convention on Economic, Social, and Cultural Rights, International Convention on Civil and Political Rights, Convention on the Elimination of all forms of Discrimination against Women, Convention on the Elimination of all Forms of Racial Discrimination, Convention on the Rights of Child, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment). We share this with other human rights organizations during the process of preparation of shadow and alternative reports.

FOHRID is unable to conduct complete study of the implementation status of Six Core Conventions due to financial constraints though the conceptual framework has been already prepared for this purpose. Comprehensive study of State policy, program and practice and their subtle analysis is also necessary in this regard.

E. Active Campaign on the application of ICCPR and ICESCR:

Main object of this program is to initiate debate on the implementation of the Six Core Conventions, especially the ICCPR and ICESCR. FOHRID and ENJUS are jointly forwarding this campaign.

Several rounds of talk have been concluded between the major stakeholders for the formation of National Convention Implementation Monitoring Working Group (NCIMWG) on ICCPR and ICESCR.

F. Human rights awareness activities, e.g., workshop, focus group discussion, talk programs:

FOHRID has been working in this field from the beginning. The activities such as human rights education program, focus group discussions are held on various occasions by this organization.

Object of the program is awareness creation for promotion and protection of human rights. The program is being conducted in Kathmandu valley, Morang, Chitwan, Banke, Rupandehi, Dailekh and other districts targeting the students of Secondary and higher secondary schools and general public. Participants have been made aware of the norms and values of human rights.

2. Democracy strengthening program:

This program emphasizes strengthening inclusive democracy and promotion of representation, leadership and political participation of the marginalized community. Advocacy on inclusive democracy and the participation of the marginalized community in the mainstream political process will ultimately strengthen democracy in Nepal. Promotion of inclusive democracy and the political rights of the marginalized community is necessary to strengthen democratic process. This program is guided by the pragmatic concept to empower people by organizing them and by the transformation of customized knowledge.

Besides, this program has considered three priority areas. First priority is advocacy for strengthening inclusive democracy, enabling representation, leadership and political participation of marginalized community, reform and restructuring of political parties including voters' awareness campaign. Secondly, combating corruption for transparency and accountability in the Ministries, government agencies and political parties. Thirdly, campaign on minimization of the crisis in governance and the promotion of good governance against political indifference.

This program has identified following three activities and intervention strategies:

i. Stocktaking and resource mobilization;
ii. Transfer of customized knowledge for civic action;
iii. Capacity building and support for democratic cadres.

A. Dialogue and regular discussion on inclusive democracy:

Discussion on the issues relating to the inclusive democracy and people's rights are held regularly at the national and local level. Each of the discussions are held with a discussion paper. Experts are hired to prepare and present discussion papers. The discussions are held with the participation from the political parties, civil society, academicians, journalists, community activists etc. Outcome of the debate is published regularly in the FOHRID Human Rights Monitor. This program has prioritized strengthening political participation of marginalized community for the institutional development of democracy and enhancing their access to increase their political participation, representation and leadership skills. This program has incorporated this initiative as the key issue in the present Nepalese context for the following four reasons:

i.    Participation of all class of people in the democratic process is their fundamental right.
ii. This program formulates and expresses the rights language for the human dignity of those who are       marginalized in the democratic process, are bereft of political participation and are denied opportunity in the       political leadership
iii. It links democracy with the right of people. This practice will show connection of Nepalese democratic practice      with the international standard.
iv. Finally, this establishes the fact that democracy is not a sport of the elites only but the participation of the      common people in the leadership and political activities is equally imperative. It gives legitimacy to the present      issue of inclusive democracy through political issue and ideology.

This program links inclusive democracy and pluralism with the issue of people's rights. Existing institutions and their campaigns have been considered while selecting issues for this program. It has acknowledged the need to conceptualize democracy and pluralism as people's rights. Its two tier implication guides this campaign towards three programs:

i.    It accepts current democratic powers and creates collaboration, solidarity and working relation for effective       campaign to strengthen democracy.
ii.   It widens the conceptual knowledge of democracy and pluralism in terms of the right based approach.
iii. It is guided towards a campaign for enhancing political participation of the marginalized community and       identification of effective ways for their political inclusion and empowerment to attain this goal.

B. Capacity building and support for democratic cadres:

This component has identified two specific activities. First is training and second is commencement of networking. Training will empower the target community to work as political activists at the local level. Networking will, in fact, protect the activists working in favor of inclusive democracy at present situation. Likewise, networking will be a reliable means to exchange information on the ongoing campaign. It will create synergy for inclusive democracy focusing on mustering national capacity whilst, the training empowers the target audience for their political participation.

Issues relevant to the training

1.   A number of initiatives have been accomplished targeting the right of the people but they have not correctly       addressed the political right of the marginalized community from the right-based approach. The target       audiences identified by this programe are marginalized in the democratic process of the country. Therefore, the       marginalized communities need to understand and express their political rights for their political empowerment.       Wider and effective civic action is necessary for this initiation.

2.   Right to self-determination is the center of all rights but it is yet to be defined and understood correctly in       Nepal. Some people are carrying the wrong conception that this right may divide the country. In this       connection, first step is to establish that the right to self-determination does not challenge national integration.       The target audiences have not been able to select the political party of their choice and determine their own       political status. This has resulted in a partial representation in the political system. This is possible only through      the right to self-determination. Therefore, all Nepalese should be entitled to utilize and enjoy the right to      self- determination. In the absence of right to self-determination, Nepalese people have been deprived of their      right to select ruling system for themselves for a long time. Under these circumstances, it is necessary to raise      this issue at the highest level. This will enable us to establish linkage between the people and ruling system      based on the popular will.

3.  Nepalese people are denied from their right to prepare and implement political action plan for themselves. They      are deprived of their right to enjoy the fruit of democracy. Traditional top-down concept of democracy has      provided very limited rights to the people at the mercy of the rulers. We have to work to change this concept      and to establish the fact that the people are entitled to claim democracy from their level.

Issues relevant to the Network

1.   At present, Nepalese people have not been able to enjoy their right to political participation due to internal       armed conflict and obstructed democratic system. The Network aims to work for the guarantee and full fledged       practice of political participation of the marginalized community.
2.  The Network shall create pressure to the State by conducting activities to make effective policies and programs      for the establishment of the right to political participation of the marginalized community during the current      situation of armed conflict and interrupted political scenario.
3. An intensive campaign is felt necessary for the revitalization of the inclusive democratic system, which is      obstructed at present. The Network pays serious concern over protesting armed conflict and the      non- democratic forces.

B. Program on reform and restructuring of political parties for the institutional development of multiparty      democracy:

FOHRID has initiated democracy-strengthening program to assist democratic practice and to promote democratic culture. The issue of institutionalization of inclusive democracy has become a big challenge in the present Nepalese context. Capacity building of the democratic institutions is required for the success of democracy. We have initiated campaign for reform and restructuring of political parties, which is necessary for the institutional development of inclusive democracy. In this connection, FOHRID has initiated campaign on “Reform and Restructuring of Political Parties for the Institutional Development of Multiparty Democracy”. FOHRID has given priority to the democracy strengthening program and is working out necessary plans for the future in this regard.


C: Anti corruption campaign:

FOHRID has initiated anti-corruption campaign for the institutional development of inclusive democracy. FOHRID has been conducting gathering, seminar, interaction, symposium and discussion programs to attain this objective. It is felt that effective implementation of strategy to wipe out obstacles in the way to eliminating corruption is necessary. Achievements of the popular democratic movement of 1990 have been shadowed by the Maoist insurgency. Regressive radical rightist and radical leftist fronts are attacking representative democratic norms and values. Corruption has caused inefficiency of the political parties, increasing political criminalization, impunity, crisis in governance, lack of good governance, transparency and accountability, corruption and political frustration and indifference. The system in the State mechanism gave way to the marginalization of a significant number of people. Current political conflict has dismantled the nation as the central State mechanism could not run according to the democratic system.

Under these circumstances, FOHRID has launched programs on strengthening inclusive democracy. Despite its concern to corruption, this program will be a part of democracy strengthening campaign. It is hoped that this program will assist in formulating strategy for good governance as well as to initiate public debate for creation of pressure against major stakeholders of democratic process.

3. Culture of peace and conflict management


A. Activities on peace and conflict management:


FOHRID has submitted memoranda on several occasions to the government to succeed peace process to settle the current Maoist insurgency. Press releases have been issued in favor of cease-fire and peaceful resolution of the insurgency. FOHRID has expressed solidarity and participated actively to the programs aimed at conflict management organized by the civil society.

 

 

 

 



B: Advocacy for ceasefire and peace talk:

FOHRID has been conducting discussions, seminar, talk programs with the major stakeholders for the peaceful resolution of the ongoing Maoist insurgency. FOHRID has concentrated its activities for conflict management in the theme of “Sustainable Outcome of the Armed Conflict and Ceasefire.”



 

 

 


4. Regional initiative for the rights to sustainable livelihood and the enabling of social and political participation

Project Objectives

The principle objective of the programme will be to enable actors, agents, participants and potential beneficiaries to center stage the people for a life in dignity, now and in future. If livelihoods have to be sustainable, the people have to feel and assert that they have right to them as citizens and groups of citizens in whose name all political and social actions are planned and executed. Self-determination is at the core of our focus on rights. Self-determination which is not only enabled by the structures of the State, but also the confidence of the people to determine their well-being including of identities which allow for freedom of access and participation. Identities in this Project would refer to ethnic, religious and cultural and group identities including that of gender.

There will thus be a two-pronged programme: one has to do about livelihood and access and control of resources to that end; the other is about rights that conceptually transforms development from a process of engineering and offering (to the people) from above to a process that the people claim development and the associated social and political rights as their due vis-à-vis the State.

The specific area of focus in the objective is linked to provision of sustainable livelihood and social and political participation. The specific rights under both themes are presented below:

1] Provision of Sustainable Livelihood

1.1. Access to adequate standard of living including food, shelter, clothing, livelihood;
1.2. The right of self-determination for social, economic and cultural development;
1.3. Ownership of natural resources and the access to their development;
1.4. The enabling of choice for men and women for employment and work.

2] Provision of Social and Political Participation
2.1. The promotion and the enabling of the rights to thought, conscience, religion, opinion, expression, assembly,        association and participation in governance;
2.2. The right of self-determination and their determination of political status;
2.3. Equality and non-discrimination before Law;
2.4. The right of franchise;
2.5. The rights of liberty, security and movement.

Intervention strategy:

The intervention strategies use the SAARC Social Charter as a foundation. The Charter is representative of minimum standards and areas prescribed in global protection instruments for the well-being of people. By using the Social Charter ratified by the Heads of State, the primary justification of focus is provided.

Whilst it is clearly understood that South Asia suffers from a great many inequalities as found through the Country Profiles as well as in the Problem Analysis, the specific focus of this particular Project is to translate from prescribed good intentions and practice into practical outcomes of what is found in the Charter for people in vulnerable and/or marginalized or excluded situations in South Asia.

The Project with modest resources aims to focus on a few outcomes which are specifically targeted through a Regional initiative. The Project is reflective of Partners from 5 countries in South Asia, working within a common framework of objectives in three areas of activities namely:

1] Stock-taking and resource mobilization;
2] Transfer of customized knowledge for civic action; and
3] Empowerment and support for vulnerability protection.

This program has started from April-2004 which shall run until March 2007. The Rural Self-reliance Development Centre (RSDC), and the Human Rights and Democratic Forum (FOHRID) under the coordination of Nepal South Asia Center (NESAC) are implementing this project in Nepal. The activities under this project are being implemented at the national and district level. Morang, Banke and Rupandehi districts are selected for district level programs.

Major project activities are as follows:

1. Mapping
2. Regional policy review with critique
3. Advocacy and dissemination
4. Design of toolbox for training
5. Formation of Community Protection Network (CPN)
6. Training and capacity building of the CPN
7. Formation of National Protection Working Group (NPWG)
8. Small grant scheme
9. Skill sharing workshop
10. Information collection and website design

 FOHRID, as a partner organization in this project, bears full and partial responsibility in the following   components:

1. Policy review with critique in Nepal
2. Translation of SAARC Social Charter from English into Nepali
3. National dissemination / advocacy
4. Formulation of Community Protection Network (CPN)
5. Design of toolbox for training
6. Training and capacity building of the CPN
7. Formation of National Protection Working Group (NPWG) – FOHRID is playing the role of national facilitator in this     action.

Total cost of the project at the regional level is EUR 1,085,028.67 for three years. Sri Lanka based Consortium of Humanitarian Agencies (CHA) is the focal point / lead organization and is responsible for overall implementation and monitoring of the project. CHA has received EUR 375,000.00 for 16 months from NOVIB. The amount allocated for Nepal is jointly spent by NESAC, FOHRID and RSDC. FOHRID is working as a partner organization within the limitation of the activities and grant in its part. The project is run by the partner organizations in India, Sri Lanka, Pakistan, Bangladesh and Nepal.

5. Publication and dissemination

FOHRID gives high priority to publication and dissemination. It is customary in this organization to conduct documentation of the concluded programs and disseminate it widely among the stakeholders after their publication. Similarly, FOHRID has translated and disseminated the regional documents such as SAARC Social Charter. It has also prioritized the publication and dissemination of the information regarding WTO, UN Resolution, Concluding Comments and the commitments of Nepal government in the national level and international forums. FOHRID has been publishing 'FOHRID Human Rights Monitor' in the quarterly basis.

Publication and dissemination strategy

i.   Human rights and democracy are abducted in Nepal at present. Information dissemination focusing prime issues      of human rights contributes to create synergy at such circumstances by empowering people to be conscious      and enabling them for protection of their rights.
ii. Continuous intellectual campaign is necessary in the issues of democracy, human rights and conflict      management. This can contribute to make the intellectuals and ublic aware and committed to transform the      society positively through respect of human rights and ensuring peace culture.
iii. The dissemination of customized knowledge and information is necessary for immediate lobbying and reporting      on the issues of human rights violation. This will help the grassroot people and all stakeholders at the      community level to disseminate information and seek urgent action on such incidents.
     Capacity building of FOHRID, enhancement of working relationship and idea exchange through dissemination of      information were achieved through the above programs.

6. Working relationship:

FOHRID has been in regular contact with the national and international non-governmental organizations for working relationship and active solidarity for the promotion and protection of human rights. We have established working relationship with the Office of the High Commissioner for Human Rights (OHCHR), Six Treaty Bodies of the UN, National Human Rights Commission Nepal, Amnesty International, Consortium of Humanitarian Agencies (CHA) Colombo, 3D-Trade-Human Rights-Equitable Economy, Institute for Agriculture and Trade Policy, International Service for Human Rights (ISHR) Geneva, CARE Nepal, Transparency International (TI), German Development Service (DED), Enabling State Program (ESP) and other national, regional and international organizations in the fields complying to FOHRID vision. We have made the strategy to further expand relationship with the above and to establish fresh working relationship with the new ones.

7. Networking at domestic level:

FOHRID, in collaboration with NESAC and RSDC, has already initiated intensive networking through formation of National Protection Working Group (NPWG). The Secretariat of this Networking is stationed at FOHRID office.
FOHRID has established networking with the local NGOs in Biratnagar, eastern Nepal and Mahendranagar, western Nepal. FOHRID has formed its branch committees in three districts of Nepal – Morang, Chitwan and Dailekh. We are preparing to form branch committees in the mid-hill areas also.
To protect the interests of the vulnerable groups, NPWG is being established at the national level. Community Protection Network (CPN) has been established at Morang district. We have already established 7 CPN groups at the local level and we are planning to expand it in the future.