RIGHT'S WITHOUT BORDER'S

It is a basic realization of the current world order that every human being on the globe has basic human rights which cannot be denied no matter what their geographical location, colour or creed.

Nevertheless some countries point to the principle of sovereignty of states as escape goat in their endeavor not to account for violations of human rights in their territories. Sovereignty is the working mechanism of the United Nations as it guides states not to interfere with the internal affairs of the other states. This principle is anchored in Article 2 of the United Nations.

However in the current global legal arena human rights are not the internal affairs of the state only but a natural and a legal concern of the international community. It is on this basis that violators of peremptory norms of human rights for instance crimes against humanity, genocide and war crimes are having the sword of the International Criminal Court dangling over their heads.

Further states do not only have an obligation towards their citizens but every person present in their territory. By extension nations are under duty to protect persons crossing the border to seek protection in their states. The international asylum law requires states not to refoul any person to a territory where they may be subjected to torture or persecution. Prof Goodwin Gill criticizing Europe for its closed door policy to asylum seekers says that human rights do not stop at the borders of Europe.

On that the foundation leadership of young democracies like Nepal do need to appreciate that the global international human rights standards have to be adhered to the latter. This requires structural mechanisms as well as dedicated leadership and above all aggressive people.

It is an established principle that power corrupts and absolute power corrupts absolutely. Consequently the power conferred on the executive has to be properly checked so that it is not abused to advance personal interests. That is why principles like the separation of powers has to be properly implemented so that the legislature and the judiciary can properly hold the executive accountable for inappropriate or illegal actions. Further relevant independent bodies like human rights watch dog, electoral body, anti-corruption body etc are paramount in the walk towards proper governance.

There are situations the world over proper structural mechanisms have been mutilated to fit the selfish gains of the days leadership. Therefore a leadership that is not selfless may still make counterproductive any system however proper the same might be.

However the antidote to such kind of leadership lies in the concerted and unified efforts of the ruled. The people have to realize that it is their duty to vet the leadership through the process of voting. Therefore voting is not only a right but a duty which has to be exercised with all due diligence.  Further the people can hold the executive accountable through organized channels like the media, through civil society groups, through the courts and such other means as maybe necessary.

By Ahmed Issack, UNV