SOCHUM

Nepals Position paper.

Topic A
Delegates: Laura Correa, Andrea len
L!T" rig#ts in a de$eloping %orld
Introduction
The article 20 of the human rights declaration states that:
(1) Everyone has the right to freedom of peaceful assembly and association and
(2) !o one may be compelled to belong to an association"#
1
$lthough the article % of the childs rights states (1) The protection of the child&s rights
'ithin the state shall be ensured by:
1) child&s parents (adopters)( foster)parents and trustees
2) educational( health care( social aid and culture institutions( as 'ell as employers
*) state and local government institutions
1
http://www.un.org/en/documents/udhr/index.shtml#a20
+) ,ublic organi-ations( the activity of 'hich is connected 'ith providing support and help
to children"
(2) .hildren&s organisations and the family shall be protected also"#
2
Then so( international community has been violating human rights( e/amples are countries
that promote homose/uality as a crime e/amples are: $lgeria( $ngola( 0enin( 0ots'ana(
0urundi( .ameroon( .omoros( 1ussia( 23raine( and 4* more(
The violations include:
E/ecution by the state
5enial of employment
6ousing or health services
7oss of custody of children
5enial of asylum
1ape and other'ise torture in detention
Threats for campaigning for 780T human rights
1egular sub9ection to verbal abuse
In $pril 2011( the 2"!" :ffice for the 6igh .ommissioner for 6uman 1ights (:6.61)(
the 2"!" 5evelopment ,rograme (2!5,)( the ;oint 2"!" ,rogrammed on 6I<=$I5>
(2!$I5>)( and the ?orld 6ealth :rgani-ation (?6:) collaboratively published a
brochure titled @The 2nited !ations >pea3s :ut: Tac3ling 5iscrimination on 8rounds of
>e/ual :rientation and 8ender Identity"@ This brochure cites statements that have been
made by 2"!" senior officials and human rights e/perts regarding 780T rights
*
!epal position on 78T0 rights
2
http://www.humanrights.lv/doc/latlik/bern.htm
3
http://www.hrw.org/news/2012/07/1/us!police!practices!"uel!hiv!epidemic
!epalAs government regulates the respect of human rights but does not put in pactice those
legislations e/ample( the !epal >upreme .ourtAs decide to repeal la's discriminating
against lesbians( gays and transgender people is momentous( say $1<I!5 !$11$I! and
<I<EB 5I<$!( the government passed a caste)based 5iscrimination and 2ntouchability
(.rime and ,unishment) 0ill to protect 5alit rights( and it too3 steps to ensure legal
eCuality for lesbian( gay( bise/ual( and transgender people" 5rafting a constitution to
address longstanding political( social( ethnic( and economic ineCualities has been stalled
due to political instability"
The decision of the !epal >upreme .ourt is momentous (regardless of 'hether 780TI
people finally 'ill be allo'ed to marry in !epal) because it is at odds 'ith the 'ay courts
have treated 780TI concerns in the 3indred regions of >outh $sia"
!epals priority is to promote respect of human rights to its citi-ens( staring on the creation
of a ne' legislation 'hich states the 5iscrimination as a crime"
6omophobia vs" .ivil rights
6istory sho's us the terrible human price of discrimination and pre9udice" !o one is
entitled to treat a group of people as less valuable( less deserving or less 'orthy of respect"
Each and every one of us is entitled to the same rights( to the same respect and ethical
treatment( regardless of our se/ual orientation or gender identity"#
+
.urrent >ituation in !epal
#
http://www.un.org/apps/news/stor$.asp%newsid&3'#0()cr&pilla$#.*+w,i-3'.e'
In the conte/t of >outh $sia( the larger significance of the !epal >upreme .ourtAs decision
is the articulation of a deeper meaning to the understanding of democracy" The court( by
asserting that 780TI people are citi-ens 'ithin the meaning of the nationAs Interim
.onstitution( has sho'n that it is primarily concerned 'ith 9ustice and fairness and not
afraid of the bugbears of DtraditionA and DvaluesA" The Indian governmentAs response to the
petition challenging the anti)sodomy la'( >ection *44 of the Indian ,enal .ode( has been to
defend the la' as being vital to protect Indian culture from Dforeign influencesA" 0y
contrast( the !epal >upreme .ourt sho'ed greater 'illingness to understand the
developments in international la' and 9urisprudence in protecting the rights of 780TI
people and even develop on international la' to suit the !epali conte/t"
central significance of the decision 'as the remar3able insight and sensitivity( 'hich the
court demonstrated in e/tending protection to the most discriminated section of the !epali
780T population E the metis (transgender)" It is the meti community 'hich has been at
the forefront of 780T struggles in !epal and at the receiving end of much >tate and
societal violence" The courtAs prescience in articulating the rights of this community
through the notion of the third gender is important in the >outh $sian region 'here the
transgender community of hi9ras( 3othis and metis have been at the bottom of the socio)
economic hierarchy" In the conte/t of the ?est( it has often been gays and lesbians 'ho
have been given protection by the >tate through the notion of se/ual orientation" 0y
recognising a third gender( the court has asserted that it 'ill be particularly solicitous of the
rights of these people"
6i9ras( Bothis and Fetis
The most prominent feature of F>F identities in $sia is their diversity" F>F identities
include transgender individuals( feminine)acting F>F( their masculine)acting partners(
gay)identified men and men 'ho have situational se/ 'ith each other" $ll of this diversity
is in theory covered by the term F>F( 'hich focuses on behavior rather than identity" It is
generally the preferred term because( in the conte/t of 6I<( the important issue is ris3
behavior rather than se/ual identity" Fany men 'ho have se/ 'ith men( ho'ever( may self)
identify as heterose/ual rather than as homose/ual or bise/ual( particularly if they also have
se/ 'ith 'omen or are married( or only ta3e the insertive role in anal se/ or only have se/
'ith men for money or convenience"
In >outh $sia( in particular India( the most prominent groups include:
Hi&ras :$ group of transgendered F>F sometimes considered to be a third se/# they are
often castrated( and dress as 'omen" $fter individuals are castrated they become part of a
tight social group that is alternately feared and respected"
'ot#is:biologically males 'ho see themselves as feminine" The 3othi identity is a comple/
construction 'ith no eCuivalent in the ?est" >imilar to the metis of !epal"
Pant#is:Fasculine men 'ho have se/ (usually in the insertive role) 'ith 3othis" They do
not selfidentify as panthis but are labeled as such by 3othis"
,roposed $ctions and >olutions
GreCuently( governments have sought to 9ustify restrictions on the freedoms of 780TI
persons 'ith reference to public opinion( moral or religious considerations" This is clearly
unacceptable from the perspective of human rights" ,rides must be permitted( and
governments must protect them( as 'ell as allo' the peaceful e/pression of opposing
vie's( if they do not constitute hate speech"
If public opinion is hostile to 780TI rights( governments have a responsibility to raise
a'areness and educate the public" $ good opportunity for doing so 'as recently provided
by the .ouncil of Europe( 'hich has launched a programme of a'areness)raising and
educational activities on 780T issues available to states on a voluntary basis" $lbania(
Italy( 7atvia( Fontenegro( ,oland and >erbia have already 9oined the programme( 'hich is
a good first step to'ards overcoming pre9udice in society"
:n 2004 !epalAs citi-ens protest demanding these aspects:#
End of se/ual oppression and assault against se/ual minorities by the police and
society
Thorough investigation of all the violence against se/ual minorities from police and
the other parties and that the perpetrators be brought to 9ustice"I
Immediate end of se/ual oppression and degrading behaviour against all se/
'or3ers"
5e)criminali-ation of se/ual minorities and eCual rights as other human beings in
our society
End of condom violence# by the police and the entertainment business o'ners"
.hange on the constitution to recognise the e/istence of !epalese se/ual
minorities#
%
!epalAs 8overnment have been 'or3ing strongly on these aspects( it is obviously a
difficult and long)range solution( but the progress done until no' has been favorable and
'ith lots of e/pectations"
Effective policies are based on good evidence" In many countries( the absence of a policy
frame'or3 to tac3le homophobic bullying re9ects a lac3 of evidence about the e/tent of the
problem" In such conte/ts( collection of data using credible research methods is an
important 1rst step"
In other conte/ts( lac3 of a clear policy may react lac3 of political commitment"
$ddressing se/ual diversity and gender identity in schools is often a sensitive topic and
there may be strong resistance from politicians( religious leaders and others" .onseCuently
education ministries may be reluctant to tac3le the issue of homophobic bullying" Evidence
again plays an important role( but action is also reCuired by educators( parents( teachers
/
http://ilga.org/ilga/en/article/23
unions and others 'ith a sta3e in the education system to mobilise political commitment" In
countries 'here policies do not e/ist 3ey steps to consider include:
>trengthen the evidence base by collecting data on the nature and scale of the
problem in educational institutions and the impact of homophobic bullying on
educational goals"#
H
6o' can the international community ta3e a more robust stance on the issueI
$n elaborate global system is being developed" 8overnments are striving to promote
human rights domestically and abroad( and are partnering 'ith multilateral institutions to
do so" $ particularly dynamic and decentrali-ed net'or3 of civil society actors is also
involved in the effort"#
4
Together( these players have achieved mar3ed success( though the institutionali-ation and
implementation of different rights is progressing at varying rates" 1esponse to mass
atrocities has seen the greatest progress( even if enforcement remains inconsistent" The
imperative to provide people 'ith adeCuate public health care is strongly embedded across
the globe( and substantial resources have been devoted to the challenge" The right to
freedom from slavery and forced labor has also been integrated into international and
national institutions( and has benefited from high)profile pressure to combat forced labor"
Ginally( the steady accumulation of human rightsJrelated conventions has encouraged most
states to do more to implement binding legislation in their constitutions and statutes"
(
http://unesdoc.unesco.org/images/0021/0021(#/21(#3e.pd"
7
http://www.c"r.org/human!rights/global!human!rights!regime/p27#/0
Then so( international community should continue implementation the respects of human
rights( generating .27T21$7 .6$!.E"
>ource
http:=='''"amnestyusa"org=our)'or3=issues=lgbt)rights=about)lgbt)human)rights
http:=='''"apa"org=international=pi=2012=0H=un)matters"asp/
http:=='''"hr'"org=asia=nepal

http:==nepalesela'"'ordpress"com=200K=01=2*=gay)rights)in)nepal=
http:=='''"asylumla'"org=legalLtools=inde/"cfmIcategoryM%*4NcountryI5M2**
http:=='''"la'"emory"edu=fileadmin=9ournals=eilr=2H=2H"1=0ochene3LBnight"pdf
http:==test"aidsportal"org=atomic5ocuments=$I5>,ortal5ocuments=1esearch,apersL$rvind
!arrain"pdf
http:==un"org"np=reports=country)analysis)2011

http:==humanrightscomment"org=2012=0H=21=silencing)voices)against)homophobia)violates)
human)rights=
http:==hr'"org=english=docs=200+=02=02=global42+O"htm"
SOCHUM
Nepals Position paper.
Topic B
Delegates: Laura Correa, Anrea Le!n
Population Aging
Introduction
The number of older persons has tripled over the last 50 years; it will more than
triple again over the next 50 years In 1950 there were !05 million persons aged "0
or over throughout the world #t that time only $ countries had more than 10 million
people "0 or older% &hina '(! million) India '!0 million) and the *nited +tates of
#merica '!0 million), -ifty years later the number of persons aged "0 or over
increased about three times to "0" million, In !000 the number of countries with
more than 10 million people aged "0 or over increased to 1! including 5 with more
than !0 million older people% &hina '1!9 million) India '.. million) the *nited
+tates of #merica '(" million) /apan '$0 million) and the 0ussian -ederation '!.
million), 1ver the first half of the current century the global population "0 or over
is pro2ected to expand by more than three times to reach nearly ! billion in !0503
4
The female share of the older wor5 force is increasing Traditionally the proportion
of older men who are economically active has been notably higher than the
proportion of older women, 6owever as participation in the labour force at older
ages has dropped faster among men than among women the female share of the
older labour force has steadily increased over the last decades,
7eople aged "0 or over currently constitute from one fifth to nearly one fourth of
the population of #ustria &8ech 0epublic 9reece Italy /apan +lovenia and
+pain, :y !050 more than two in every five persons are pro2ected to be at least
"0 years of age in those seven countries, ;xcept for the &8ech 0epublic more
than one in every three people in these countries is pro2ected to be aged "5 or
'
http://www.globalaging.org/resources/in"opackets/hr!a"e2.htm
older in !050, In addition to these countries persons over "0 will constitute more
than one third of the population in another $0 countries including " from the less
developed regions while individuals "5 or over will constitute between one fourth
and one third of the population of $9 additional countries including 10 from the
less developed regions,
<epal position on 7opulation aging
+ince 1995 <epal=s old>age allowance has stood asa universal social protection
intervention, It is noncontributory with all citi8ens over age .0 entitledregardless of
income and in that respect can be seen as one of the pioneers in social protection
design and delivery in the region,
<epal was primarily an isolated agrarian society until the mid>!0th century, In 1951
<epal had few schools hospitals and roads buildings with electricity
telecommunications industries and civil services, #lthough it has made some
progress since the 1950s it is still lagging behind developed countries, -rom the
gross domestic product '9?7) per capita '777>dollar) some improvement can be
seen, @hile <epal was one of the countries in +outhern #sia that recorded a
signiAcant improvement in the human development over the decade the
improvement was mall, 7overty is widespread in <epal, 1ne report of the #sian
?evelopment :an5 shows that approximately(0B of the population lives below the
national poverty line,This information conArms that despite poverty and a poor
economy population aging is ta5en place rapidly in <epal,
&urrent +ituation in <epal
In <epal individuals over "0 years of age are considered elderly, #ccording to the
!001 census of <epal there were 1,5 million elderly inhabitants of that country
which constitutes ",5B of the total population, ?uring the period 1991C!001 the
annual elderly population growth rate was $,$9B which was higher than the
annual population growth rate of !,$B, <epal has a high population growth rate
and it is concurrently attempting to introduce population control programs, These
programs have resulted in a lower birth rate which subseDuently will result in an
even greater proportion of elderly individuals in the population, *nfortunately
however there is a dearth of speciAc initiatives to deal with the issues associated
with aging at the international level,3
9
+ince the International 7lan of #ction on #geing in Eienna #ustria in 194! interest
in the study of the elderly has increased, Twenty years later the +econd @orld
#ssembly on #geing was held in Fadrid +pain in!00!, The +econd @orld
#ssembly outlined an action plan at national and regional levels to increase
awareness of aging issues and develop concrete plans of action for aging,
6owever advances have been few and far between in much of the developed
world and virtually overloo5ed in developing countries li5e <epal,

http://www.unice".org/socialpolic$/0les/social1protection1in1south1asia1!1a1review1!
1unice"1rosa1200.pd"
@hat are some social policy decisions that countries can do to support
an aging wor5forceG
&areer development and lifetime development in general is often represented as
anarch% a line going up then down representing stereotypes of the younger
promising stage and the older deteriorating stage, Ideas about the pea5 of this
curve differ from $5 to 55 years old, 7aintings prints and models represent the
second half of a life or a career as the decline and fall of human capabilities, The
message is clear and simple% these people are over the hill, *nderlying beliefs on
the decline in abilities for everybody of a certain age physically and mentally are
old and up to now very common among human resource managers,3
10
Mani"esto o" #$$ e%plo&ers an sustaina'le e%plo&a'ilit& demonstrate a
strong business case for sustainable employability, +ome organisations recouped
their investment in sustainable employability programs within one or two years,
1rganisations found that investing in programs to improve staff=s physical and
mental health for example reduced sic5 leave increased productivity and
secured them a reputation as an employer of choice,
The Fanifesto also provides a framewor5 for implementing sustainable
employability practices and identifies five 5ey success factors to invest in% staff
engagement organisation of wor5 health development 'education and mobility)
and periodically measuring the sustainable employability of current staff,
10
http://www.cede"op.europa.eu/23/4iles/30/31en.pd"
7roposed #ctions and +olutions
1, The promotion of development and improvement of Duality of life reDuire co>
ordination of action in all ma2or socio>economic fields including that of population
which is the inexhaustible source of creativity and a determining factor of progress,
#t the international level a number of strategies and programmes whose
The ?eclaration on the ;stablishment of a <ew International ;conomic 1rder and
the 7rogramme of #ction to achieve it adopted by the *nited <ation 9eneral
#ssembly at its sixth special session 'resolutions $!01 '+>EI) and $!0! '+>EI) of 1
Fay 19.() provide the most recent over>all framewor5 for international co>
operation, The explicit aim of the @orld 7opulation 7lan of #ction is to help co>
ordinate population trends and the trends of economic and social development,
The basis for an effective solution of population problems is above all socio>
economic transformation, # population policy may have a certain success if it
constitutes an integral part of socio>economic development; its contribution to the
solution of world development problems is hence only partial as is the case with
the other sectoral strategies, &onseDuently the 7lan of #ction must be considered
as an important component of the system of international strategies and as an
instrument of the international community for the promotion of economic
development Duality of life human rights and fundamental freedoms,
!, The formulation of international strategies is a response to universal
recognition of the existence of important problems in the world and the need for
concerted national and international action to achieve their solution, @here trends
of population growth distribution and structure are out of balance with social
economic and environmental factors they can at certain stages of development
create additional difficulties for the achievement of sustained development, 7olicies
whose aim is to affect population trends must not be considered substitutes for
socio>economic development policies but as being integrated with those policies in
order to facilitate the solution of certain problems facing both developing and
developed countries and to promote a more balanced and rational development,
$, Throughout history the rate of growth of world population averaged only
slightly above replacement levels, The recent increase in the growth rate began
mainly as a result of the decline in mortality during the past few centuries a decline
that has accelerated significantly during recent decades, The inertia of social
structures and the insufficiency of economic progressespecially when these exist
in the absence of profound socio>cultural changes partly explain why in the
ma2ority of developing countries the decline in mortality has not been accompanied
by a parallel decline in fertility, +ince about 1950 the world population growth rate
has risen to ! per cent a year, If sustained this will result in a doubling of the
worlds population every $5 years, 6owever national rates of natural growth
rangewidely from a negative rate to well over $ per cent a year,
(, The consideration of population problems cannot be reduced to the analysis
of population trends only, It must also be borne in mind that the present situation of
the developing countries originates in the uneDual processes of socio>economic
development which have divided peoples since the beginning of the modern era,
This ineDuity still exists and is intensified by lac5 of eDuity ininternational economic
relations with conseDuent disparity in levels of living,
5, #lthough acceleration in the rate of growth of the worldHs population is mainly
the result of very large declines in the mortality of developing countries those
declines have been unevenly distributed, Thus at present average expectation of
life at birth is "$ years in Iatin #merica 5. years in #sia and only a little over ("
years in #frica compared with more than .1 years inthe developed regions,
-urthermore although on average less than
one in (0 children dies before reaching the age of 1 year in the developed regions
1 in 15 dies before reaching that age in Iatin #merica 1 in 10 in #sia and 1 in . in
#frica, In fact in some regions and particularly in #frican countries average
expectation of life at birth is estimated to be less than (0 years and 1 in ( children
dies before the age of 1 year, &onseDuently many developing countries consider
reduction of mortality and particularly reduction of infant mortality to be one of the
most important and urgent goals,
", @hile the right of couples to have the number of children they desire is
accepted in a number of international instruments many couples in the world are
unable to exercise that right effectively, In many parts of the world poor economic
conditions social norms inadeDuate 5nowledge of effective methods of family
regulation and the unavailability of contraceptive services result in a situation in
which couples have more children than they desire or feel they can properly care
for, In certain countries on the other hand because of economic or biological
factors problems of involuntary sterility and of sub fecundity exist with the result
that many couples have fewer children than they desire, 1f course the degree of
urgency attached to dealing with each of these two situations depends upon the
prevailing conditions within the country in Duestion,
., Individual reproductive behaviour and the needs and aspirations of society
should be reconciled, In many developing countries and particularly in the large
countries of #sia the desire of couples to achieve large families is believed to
result in excessive national population growth rates and 9overnments are explicitly
attempting to reduce those rates by implementing specific policy measures, 1n the
other hand some countries are attempting to increase desired family si8e if only
slightly,
4, Throughout the world urban populations are growing in si8e at a
considerably faster rate than rural populations, #s a result by the end of this
century and for the first time in history the ma2ority of the wordHs population will be
living in urban areas, *rbani8ation is an element of the process of moderni8ation,
Foreover while in certain countries this process is efficiently managed and
maximum use is made of the advantages this management presents in others
urbani8ation ta5es place in an uncontrolled manner and is accompanied by
overcrowding in certain districts an increase in slums deterioration of the
environmenturban unemployment and many other social and economic problems,
9, In most of the developing countries although the rate of urban population
growth is higher than the growth rate in rural areas the latter is still significant, The
rural population of developing countries is growing at an average rate of 1,. per
cent a year and in some instances at a faster rate than that of the urban population
in developed countries, -urthermore many rural areas of heavy emigration in
both developed and developing countries are being depleted of their younger
populations and are being left with populations whose age distribution is un
favorable to economic development, Thus in many countries the revitali8ation of
the countryside is a priority goal,
10, -or some countries international migration may be in certain
circumstances an instrument of population policy, #t least two types of
international migration are of considerable concern tom any countries in the world%
the movement of migrant wor5ers with limited s5ills and the movement of s5illed
wor5ers and professionals, Fovements of the former often involve large numbers
and raise such Duestions as the fair and proper treatment in countries of
immigration the brea5ing up of families and other social and economic Duestions
in countries both of emigration and immigration, The migration of s5illed wor5ers
and professionals results in a Jbrain drainJ often from less>developed to more>
developed countries which is at present of considerable concern to many
countries and to the international community as a whole, The number of
instruments on these sub2ects and the increased involvement of international
organi8ations reflect international awareness of these problems,
These actions have been proposed and done in some countries what de
delegation of nepal is conscious about and aware is that what international
community should do is to promote globally these solutions and ma5e its citicen8
5now about its fundamental rights,
+ources
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