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.