sochum nepal

8/12/2019 Sochum Nepal

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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) fosterparents and trustees

2) educational health care social aid and culture institutions as 'ell as employers

*) state and local government institutions

1http://www.un.org/en/documents/udhr/index.shtml#a20
http://www.un.org/en/documents/udhr/index.shtml#a20http://www.un.org/en/documents/udhr/index.shtml#a20http://www.un.org/en/documents/udhr/index.shtml#a20


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+) ,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 enin ots'ana

urundi .ameroon .omoros ussia 3raine 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

ape and other'ise torture in detention

Threats for campaigning for 78T human rights

egular sub9ection to verbal abuse

In $pril 2011 the "!" ffice for the 6igh .ommissioner for 6uman ights (6.6)

the "!" 5evelopment ,rograme (!5,) the ;oint "!" ,rogrammed on 6I

(!$I5>) and the ?orld 6ealth rgani-ation (?6) collaboratively published a

brochure titled @The nited !ations >pea3s ut: Tac3ling 5iscrimination on 8rounds of

>e/ual rientation and 8ender Identity"@ This brochure cites statements that have been

made by "!" senior officials and human rights e/perts regarding 78T rights *

!epal position on 78T rights

2http://www.humanrights.lv/doc/latlik/bern.htm 3http://www.hrw.org/news/2012/07/1/us!police!practices!"uel!hiv!epidemic
http://www.humanrights.lv/doc/latlik/bern.htmhttp://www.hrw.org/news/2012/07/19/us-police-practices-fuel-hiv-epidemichttp://www.humanrights.lv/doc/latlik/bern.htmhttp://www.hrw.org/news/2012/07/19/us-police-practices-fuel-hiv-epidemic


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!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 $upreme .ourt is momentous (regardless of 'hether 78TI

people finally 'ill be allo'ed to marry in !epal) because it is at odds 'ith the 'ay courts

have treated 78TI 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'
http://www.un.org/apps/news/story.asp?newsid=38406&cr=pillay#.UPwMiB38Je8http://www.un.org/apps/news/story.asp?newsid=38406&cr=pillay#.UPwMiB38Je8


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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 78TI 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 antisodomy la' >ection *44 of the Indian ,enal .ode has been to

defend the la' as being vital to protect Indian culture from Dforeign influencesA" y

contrast the !epal >upreme .ourt sho'ed greater 'illingness to understand the

developments in international la' and 9urisprudence in protecting the rights of 78TI

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

78T population the metis (transgender)" It is the meti community 'hich has been at

the forefront of 78T 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" y

recognising a third gender the court has asserted that it 'ill be particularly solicitous of the

rights of these people"

6i9ras Bothis and Fetis


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The most prominent feature of F>F identities in $sia is their diversity" F>F identities

include transgender individuals feminineacting F>F their masculineacting partners

gayidentified 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 6Iouth $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 78TI

persons 'ith reference to public opinion moral or religious considerations" This is clearly


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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 78TI 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'arenessraising and

educational activities on 78T 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"


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5ecriminali-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 longrange 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
http://ilga.org/ilga/en/article/239http://ilga.org/ilga/en/article/239


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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 issue

$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" esponse 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 highprofile 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"7http://www.c"r.org/human!rights/global!human!rights!regime/p270
http://unesdoc.unesco.org/images/0021/002164/216493e.pdfhttp://www.cfr.org/human-rights/global-human-rights-regime/p27450http://unesdoc.unesco.org/images/0021/002164/216493e.pdfhttp://www.cfr.org/human-rights/global-human-rights-regime/p27450


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Then so international community should continue implementation the respects of human

rights generating .7T$7 .6$!.E"

>ource

http:=='''"amnestyusa"org=our'or3=issues=lgbtrights=aboutlgbthumanrights

http:=='''"apa"org=international=pi=2012=0H=unmatters"asp/

http:=='''"hr'"org=asia=nepal

http:==nepalesela'"'ordpress"com=200K=01=2*=gayrightsinnepal=

http:=='''"asylumla'"org=legalLtools=inde/"cfmcategoryM%*4NcountryI5M2**

http:=='''"la'"emory"edu=fileadmin=9ournals=eilr=2H=2H"1=ochene3LBnight"pdf

http:==test"aidsportal"org=atomic5ocuments=$I5>,ortal5ocuments=esearch,apersL$rvind

!arrain"pdf
http://www.amnestyusa.org/our-work/issues/lgbt-rights/about-lgbt-human-rightshttp://www.apa.org/international/pi/2012/06/un-matters.aspxhttp://www.hrw.org/asia/nepalhttp://nepaleselaw.wordpress.com/2008/01/23/gay-rights-in-nepal/http://www.asylumlaw.org/legal_tools/index.cfm?category=537&countryID=233http://www.law.emory.edu/fileadmin/journals/eilr/26/26.1/Bochenek_Knight.pdfhttp://test.aidsportal.org/atomicDocuments/AIDSPortalDocuments/ResearchPapers_ArvindNarrain.pdfhttp://test.aidsportal.org/atomicDocuments/AIDSPortalDocuments/ResearchPapers_ArvindNarrain.pdfhttp://www.amnestyusa.org/our-work/issues/lgbt-rights/about-lgbt-human-rightshttp://www.apa.org/international/pi/2012/06/un-matters.aspxhttp://www.hrw.org/asia/nepalhttp://nepaleselaw.wordpress.com/2008/01/23/gay-rights-in-nepal/http://www.asylumlaw.org/legal_tools/index.cfm?category=537&countryID=233http://www.law.emory.edu/fileadmin/journals/eilr/26/26.1/Bochenek_Knight.pdfhttp://test.aidsportal.org/atomicDocuments/AIDSPortalDocuments/ResearchPapers_ArvindNarrain.pdfhttp://test.aidsportal.org/atomicDocuments/AIDSPortalDocuments/ResearchPapers_ArvindNarrain.pdf


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http:==un"org"np=reports=countryanalysis2011

http:==humanrightscomment"org=2012=0H=21=silencingvoicesagainsthomophobiaviolates

humanrights=

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
http://un.org.np/reports/country-analysis-2011http://humanrightscomment.org/2012/06/21/silencing-voices-against-homophobia-violates-human-rights/http://humanrightscomment.org/2012/06/21/silencing-voices-against-homophobia-violates-human-rights/http://hrw.org/english/docs/2004/02/02/global7249.htmhttp://un.org.np/reports/country-analysis-2011http://humanrightscomment.org/2012/06/21/silencing-voices-against-homophobia-violates-human-rights/http://humanrightscomment.org/2012/06/21/silencing-voices-against-homophobia-violates-human-rights/http://hrw.org/english/docs/2004/02/02/global7249.htm


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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 ussian -ederation '!.

million), ver 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 wor 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 epublic reece 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 epublic 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
http://www.globalaging.org/resources/infopackets/hr-afe2.htmhttp://www.globalaging.org/resources/infopackets/hr-afe2.htm


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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,


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national poverty line,This information conArms that despite poverty and a poor

economy population aging is taen place rapidly in


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@hat are some social policy decisions that countries can do to support

an aging worforceG

&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 pea 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,310

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,

rganisations found that investing in programs to improve staff=s physical and

mental health for example reduced sic leave increased productivity and

secured them a reputation as an employer of choice,

The Fanifesto also provides a framewor for implementing sustainable

employability practices and identifies five ey success factors to invest in% staff

engagement organisation of wor health development 'education and mobility)

and periodically measuring the sustainable employability of current staff,

10http://www.cede"op.europa.eu//4iles/303en.pd"
http://www.cedefop.europa.eu/EN/Files/3053_en.pdfhttp://www.cedefop.europa.eu/EN/Files/3053_en.pdfhttp://www.cedefop.europa.eu/EN/Files/3053_en.pdf


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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


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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,


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This ineDuity still exists and is intensified by lac 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 atin #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 atin #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 nowledge 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


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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, f 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 overnments are explicitly

attempting to reduce those rates by implementing specific policy measures, n 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 taes 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,


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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 worers with limited sills and the movement of silled

worers 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 breaing up of families and other social and economic Duestions

in countries both of emigration and immigration, The migration of silled worers

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,


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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 mae its citicen8

now about its fundamental rights,

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http%KKwww,un,orgKesaKpopulationKpublicationsKworldageing1950!050Kp

dfK91chapterv,pdf

http%KKwww,un,orgKesaKpopulationKpublicationsKworldageing1950!050Kp

dfK40chapterii,pdf

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K&


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