KATHMANDU, JULY 3
Constitutional and human rights lawyer Raju Prasad Chapagai shared a post through his Facebook handle regarding the new move of KMC Mayor Balen Shah.
He has opined that even if no complaint has been received from the victims, the commission should immediately investigate media reports and consider his Facebook post as a complaint.
"The guarantees under fundamental rights in Nepal's constitution (such as the right to a dignified life, the right to equality and non-discrimination, the right to food, the right to labour and employment, the right to social justice) are not meant to be decorated," he shared in the Facebook post, citing that it was a serious violation of fundamental rights of citizens.
"The sovereign people have rights to enjoy unhindered. The federal, provincial and local governments have a constitutional and legal obligation to create a conducive environment for citizens to exercise fundamental rights.
"Kathmandu Metropolitan City has done what the general public expects it not to do in the future! The human dignity of the underground citizens has been violated. There has been a move to deprive the downtrodden citizens of their means of livelihood."
It is notable that a large part of the population (17 per cent) is still living in multi-dimensional poverty. Many of them go to different cities in India to earn a living for themselves and their families. Many of them go to gulf countries in the scorching sun to graze sheep. Some work in the construction sector in extreme working conditions. How many families come to urban areas, including Kathmandu, and adopt various means of livelihood? There are a large number of families who make a living by running small businesses on the sidewalks and in public places to combat extreme poverty and inequality.
Naturally, the density of such families has increased in Kathmandu.
They earn a meagre income by doing business in public places, including on sidewalks and footpath. They eke out a living from such business. They spend their earnings to treat their family members when they are sick and educate their children.
On the other hand, those who seek services from them are basically the poor. Poor families who cannot afford to go to department stores, hotels and restaurants are increasingly dependent on the goods and services available on the sidewalks. Such trade seems to have helped poor families benefit and rise above poverty.
No one is interested in adopting this kind of livelihood strategy on the sidewalks and public places. It is not a crime to do so. This is an outcome of compulsion created by poverty. This is something that can be comprehended by the common sense. Cities must be truly inclusive, egalitarian, and humane. The city is shared by all.
If such things are not understood, the needs of such citizens cannot be addressed. But the ruling trend of trying to make the city a pawn of aristocracy seems to be gaining ground. What the metropolis has done to the needy citizens is a manifestation of the same tendency.
There is no point in expressing sympathy for the victims from the point of view of humanitarian perspective. Making the government accountable in the right way should not be overshadowed in any regard.
The use of force to deprive the poor of their livelihood is a serious violation of fundamental human rights.
No government has the right to disregard or take away livelihood strategy adopted by the citizens on the basis of their efficiency, capacity and intelligence.
The cleanliness, beautification and protection of public property of the city cannot be viewed as absolute. Problems such as poverty, unemployment, social insecurity, food insecurity and homelessness of the citizens should be generalised in relative terms and managed appropriately.
Coincidentally, while the metropolis is forcibly evicting citizens from the sidewalks, the above provisions are being discussed in the fiftieth session (Agenda No 3) of the UN Human Rights Council. In his report, he recommended that a clear and understandable anti-poverty plan be formulated and implemented with utmost priority in a bid to create employment opportunities, ensure proper implementation of socio-economic rights, end discrimination and inequality, and allocate equitable distribution of land. It is necessary for the state to take his recommendation seriously and make sincere efforts for its implementation.
Finally, the National Human Rights Commission (NHRC) should immediately investigate such violations and hold the relevant bodies accountable for violating human rights by forcibly interfering in the livelihoods of people living in poverty, looting their property, and using force against them.
The Commission should make appropriate orders, directives or recommendations to ensure adequate compensation for the victims from the metropolis, legal action against the responsible officials of the municipal police for using force and looting.
A version of this article appears in the print on July 4, 2022, of The Himalayan Times.
