Wednesday, 8 January 2014

GINS Post #5: What if?


In class, we were asked to write a new post for our Global Issues Novel Study. What would happen if the Canadian Charter of Rights and Freedoms was introduced in Nepal?

There are a number of documents in Nepal that are listed to protect its indigenous people from discrimination, rights and freedoms of Nepali people. Some of the rights and freedoms in the country’s charter and treaty-based  bodies are similar to the Canadian Charter of Rights and Freedoms. Some of the Treaty Bodies include: Rights of the Child, Elimination of Discrimination against Women, Economic, Social and Cultural Rights, Committee against Torture, Elimination of Racial Discrimination. These rights and eliminations are to benefit its people, as are the charter-based bodies. The charter bodies include: Rights and Fundamental Freedoms of Indigenous people. Most of these documents were created in the time of the book, however there were some rights (Elimination of Discrimination against Women and Rights of the Child) that have different concluding observations made in 2011 and 2012. In 2005 the King had lots of restrictions on the peoples’ freedom of speech, peaceful assemblies, as well as press. There are many unlawful arrests made in Nepal, and even though these people have rights and freedoms, many are violated. Even though the document still stands, judging on the violations it is not a guarantee that you will have these rights and freedoms.
Over the past few years, Nepal has become a more peaceful place. An annual report of Nepal, from Amnesty International, claims that there are some Human Rights violations to senior public positions. There is also political violence as a result of debates on federalism. Though the country has become more peaceful, there are still random scenes of detention, torture and executions that are not judged appropriate in court. Human rights may still be being violated, in Nepal more severely than Canada, for instance, but where aren’t they being violated. There is always going to be a violation if someone asks for an opinion - we don’t all have the same opinions - and some can’t control saying: “You’re wrong.” That is a violation of the freedom of opinion in Canada. If Nepal was following  the Canadian Charter of Rights and Freedoms, I feel as though there would be a slight behavioural change, especially if they followed a democratic government as opposed to a monarchy. Though the outline of the rights and freedoms would be changed, I still have to believe that the rights and freedoms would be violated. If it was happening before and no one was reaching out to stop it, the issue would remain unresolved. As for Child Trafficking, the issue in the novel, I feel the child traffickers would still be able to get away with the crime. I feel, the most effective way to eliminate the issue in the novel would be to increase the security and laws of the country, and be sure to have police become more strict towards rule - or law - breaking. Specifically speaking, I really feel that in order to have Nepal develop further, they should consider focussing more on their legal rights. Those being arrested should have the right to know why, backed up by evidence. If those making the arrest can't provide an explanation, it is unlawful and a violation of that human-being's rights. If those in the authoritative position, making the arrest, should really think about the scenario if it were the other way around. Before making rash decisions, they should really consider if the shoe was on the other foot.

5 comments:

  1. Hey Jenn,
    Right from your first post I felt like I had started reading your book. You give lots of great detail on the characters and the issue in the novel and it seems like you really enjoyed reading this book! A question I had from reading your 5th Gins post is how strictly are the rights in Nepal enforced? Much like my novel I too believe that more law and order around legal rights would solve many problems in my book and it seems you believe it would help your novels issue as well. Finally I wanna ask you if you agree with the rights put in place in Nepal?

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  2. Hi Jenn!

    First of all, I have to begin by saying that all your GINS posts are excellent. By simply reading through them I have learned a lot, not only about your book but the global issues that are faced. I realized that many other students in Grade 9 mentioned that the countries their book took place in did not follow their Constitution, but I love the way you phrased it: “There are many unlawful arrests made in Nepal, and even though these people have rights and freedoms, many are violated. Even though the document still stands, judging on the violations it is not a guarantee that you will have these rights and freedoms.” Anyways, you have a lot of interesting connections and great specific supporting details! You mentioned that a problem that was still present regarding Human Rights Violation, and I just had one question that might help to explore how this problem could possibly be solved. If social programs were to come into effect in Nepal, would it possibly save the citizens from the Human Rights Violations? Otherwise, I agree with your thoughts about if the Canadian Charter of Rights and Freedoms were to be applied, there would be behavioural changes, especially if there was democracy opposed to monarchy. Although after, you mentioned that “though the outline of the rights and freedoms would be changed, I still have to believe that the rights and freedoms would be violated.” I understand your logic, but one thought could be how the country and its citizens would change if the Canadian Charter were to be enforced. Currently, its seems as though the issues faced by citizens in a variety of countries is not always in relation that they do not have a Constitution or Charter, but more inclined towards the fact that there is no one to enforce it. Without a “body” to enforce these laws (about rights & freedoms too), those papers that guarantee them are useless. Oh and I love the way you ended the GINS Post #5: “Before making rash decisions, they should really consider if the shoe was on the other foot.” Nevertheless, your blog is great and so are your posts! Keep up the awesomeness Jenn, can’t wait to hear what you have to say next :)

    ~ Maggie

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  3. I love your posts! You really went in depth and made excellent connections to the charter in Canada. I can tell you spent a lot of time and effort writing these.

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  4. how do you nepal would be like if these rights were enforced?

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  5. Hi Jen!
    To start I really love how you have been wording your posts, they just look and sound more professional and clearer. It really does enhance your posts.

    You clearly have found a passion in this book that can easily be seen in your posts.

    Why did you chose this book at first?

    You clearly have put a lot of work into each and every post, with a large amount of research to back everything up.

    I love how you said you opinion on how this topic can be resolves, it just enhances the post so much and gives us much more in sight on how you feel about the topic!

    -Julie

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