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Right approach

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By No Author
Nepal is one of the poorest countries in the world, with a Human Development Index (HDI) of 0.540 and with a rank of 145th out of 166 countries in UNDP Human Development Report 2014. Poverty alleviation has been a top priority of our national plans and policies for decades; however, actual efforts towards poverty reduction have been largely ineffective. Though some progress has been reported in recent times, remittance had more to do with it, rather than any government initiative to combat poverty.

A large number of Nepalis live without adequate food, housing, employment, and health care. In absolute terms, 25 percent people live in absolute poverty; however, the section of people living in poverty increases to 45 and 46 percent in the Mid-Western and Far-Western regions respectively.Article 25 of the Universal Declaration of Human Rights (UDHR) states: "Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, medical care and necessary social services." But people living in poverty are unable to enjoy their fundamental rights. They are deprived of their rights to equality, dignity, fair social treatment and full participation in public life.

They are stripped of resources and opportunities necessary for high standard of living, which includes civil, political, economic, social and cultural rights. It means they face insecurity, exclusion and marginalization.

In this context, traditional approach to poverty is now obsolete. Poverty is not only an economic issue, but rather a multifaceted phenomenon that comprises lack of both income opportunities and basic capabilities to live with dignity. A Human Rights-Based Approach (HRBA) to development, which describes poverty in terms of obligations to citizens, is critical to reducing poverty.

The HRBA integrates the norms and principles of international human rights law to promote and protect the rights of people living in poverty. The government has been experimenting with various poverty-reduction plans and policies since 1956. The first (2007-2010) and third (2010-2013) three-year Interim Plans, focused on poverty reduction with a number of policies, including structural changes, and reduction in income inequality. However, efforts to combat poverty have not been effective.

This human rights-based approach regards people living in poverty as right holders, and empowers them to realize and claim their rights, including in the design of pro-poor policy. It forces duty-bearers to be accountable to the public. So HRBA aims at strengthening the capacity of authorities to protect people's rights and empower them to exercise their rights.

In this approach, the government should strengthen the capacity of both the duty bearers and the poor people. Disadvantaged indigenous groups such as Chepang, Jhangad, Satar, Bote, and Mushahar are ignorant about their rights. They should be empowered to better understand their rights. Thus, rights-based approach provides voice to the voiceless and encourages them to claim their rights and to hold office-bearers accountable. If their rights are denied, they have the right to seek legal remedies.

The rights-based approach to poverty reduction, for example, can be illustrated by deprived people's access to right to quality health care, drinking water and education. Poor and marginalized people in remote areas have no access to these facilities. The HRBA makes the state accountable to the people deprived of health care, drinking water and education. The approach assumes that it is the obligation of the state to provide access to such facilities to all its citizens. It analyzes and addresses the root causes of poverty, and promotes equitable distribution of power, resources and access to service prioritizing the poor, marginalized, deprived and vulnerable (PMDV) groups.

This approach to poverty reduction advances core principles of human rights such as equality, non-discrimination, participation, inclusion, accountability, transparency and rule of the law in all structures, institutions, policies and legal frameworks. Accordingly, the government should promote people's participation, especially participation of poor, marginalized and excluded groups, in all aspects of decision-making, mostly by changing discriminatory laws, formulating pro-poor policies, creating human rights awareness and promoting inclusion.

The approach encourages the government to adopt a policy of non-discrimination and equality for all, regardless of their gender, age, religion, creed, principle, affiliation or any other status. Thus deprived people become principal actors, rather than passive recipients, which pave way for their overall progress and development. The HRBA also holds government actors accountable for accountability and transparency from all actors at all levels of decision making and service delivery.

A right is an entitlement by the virtue of being a human. Nelson Mandela defines poverty reduction as a process of protection of human rights. It means that poverty reduction should be based on rights-based approach than charity.

The United Nations Human Rights Council adopted the Guiding Principles on Extreme Poverty and Human Rights on September 2012 which stresses that "Eradicating extreme poverty is not only a moral duty but also a legal obligation under existing international human rights law." Through its adoption, member states of the Human Rights Council are obliged to eradicate poverty.

Government institutions, civil society and NGOs should focus on HRBA-based development while framing and implementing plans, programs and policies for those living in poverty. This is the need of the hour.

The author is the Chairperson of Society for Human Rights Concern, an NGO

madhabreg@yahoo.com



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