Framework for Study on

“Policy Review with Critique on Sustainable Livelihood and Social and Political Participation of the Vulnerable Groups in South Asia”

 

1. Statement of Problem:

A great majority of people in the five countries, Bangladesh, India, Nepal, Pakistan and Sri Lanka are under the line of poverty. They have been deprived of adequate access in the basic needs of life such as health, education, housing, food, security, employment, gender justice and development. Though the region produces enough food, a large number of people starve to death every year. It is because of the inequitable ownership and control of the means of production, capital, technology, land and other productive assets both within these countries and at the global scale. Policies of the multinational companies and the companies of the rich countries have based themselves upon the private ownership of the means of production, the appropriation and extraction of surplus from hired hands by capital, cut-throat competition, self-interest, individualism and above all, the profit motive. This has resulted in increasing human misery and environmental degradation. Under these circumstances, the governments of the countries in this region have expressed their commitments to the SAARC Social Charter for the protection and improvement of life of the disadvantaged, marginalized and vulnerable groups (Definition of vulnerable group in Annex-A). (*)

 

Recognizing this, the countries approving the SAARC Social Charter have expressed their commitments to a) place people at the centre of development; b) fulfil responsibility towards the present as well as the future generations; c) promote participatory governance, human dignity, social justice and solidarity; d) ensure that disadvantaged, marginalized and vulnerable persons and groups are included in social development; e) recognize and support people with diverse cultures, beliefs and traditions in their pursuit of economic and social development. It is the major challenge of the five countries of the region that they have failed to alter the situation of the disadvantaged, marginalized and the vulnerable people through their policy, programme and practice according to the Social Charter. (**)

 

Issues of sustainable livelihood and social and political participation of the vulnerable groups exists as the major problem in the South Asia. They have least participation and access in the social, economic, political and cultural sector. They have been marginalized from the mainstream State system and the development process. Governments have failed to guarantee people’s rights in the implementation level. People of the vulnerable groups are unable to acquire and use their rights. This has caused very insignificant access of this groups in the State system and the resources. They do not have adequate access to justice and equity. Though the States have incorporated equality in their policy, the vulnerable groups have not been able to feel it in reality. They have been facing many challenges in enjoying their right to sustainable livelihood and social and political participation due to lack of priority of the States in protection and promotion of the interests of the vulnerable groups. Governments and elites of the region back up State terrorism and militarization in the name of national or internal security, resulting in violation of the civil and political rights of those who struggle for economic, social and cultural rights.

 

Human rights violation is supported by the unjust structure of society. There are many structures in the South Asian societies that have to dismantled – unjust economic social and cultural structures. We can take the case of peasants for instance. If the peasants do not own and control the productive resources such as land, financial capital and technology, we cannot imagine human rights for them. As long as workers are laid off, or if they receive unjust, very low wages because of policies dictated by the International Monetary Fund (IMF), World Bank and World Trade Organization (WTO) and carried out by respective governments, there will never be improvement in economic, social and cultural rights or the right to development, nor will there be improvement in the realization of the civil and political rights of our peoples.(***) This arises because the policies of such international organizations always influence the policies of the regional organizations like SAARC and the developing countries of this region.

 

In this phenomena, the countries in this region have to lead their activities for the true implementation and application of the SAARC Social Charter. It has stressed the need to protection and promotion of the vulnerable groups. Governments of this region, as State parties to the Charter, have to ensure the social development and political  participation of the vulnerable groups.

 

The International Covenant on Civil and Political Rights-1966 (ICCPR) and International Covenant on Economic, Social and Cultural Rights-1966 (ICESCR) have also guaranteed the rights to sustainable livelihood, social, political and economic development of the vulnerable groups. Almost all the countries in this region have already ratified these covenants. But these countries are unable to fulfil their international obligations under the above two covenants.

 

Constitutions of the South Asian nations have guaranteed equal development of the people from all groups, communities and classes. Besides, their laws, policies and programmes have also incorporated the issue in favour of backward, poor and vulnerable communities. Provisions of special preservation, development and quota for the deprived people are also incorporated but there is a big gap between policy and its implementation. Nonetheless, vulnerable groups do not enjoy equal benefit compared to other classes in their civil, political, social and economic advancement because of the exploitation institutionalised by the society, market and the State system. As a result, vulnerable groups remain marginalized in their pursue of equality. Various factors ranging from socio-cultural, economic and religious to political and policy have played a role in affecting the status of vulnerable groups. These factors cannot be analysed in isolation; they are rather intrinsically tied to each others. For the sake of clarity, each of the factors will be separately discussed in this study.

 

Despite governments’ commitment through the international, regional and national provisions vulnerable groups are being detached from the mainstream State system and developmental process. Their livelihood is in a very critical condition and they have very insignificant social and political participation. This inequality is the major problem. To ensure their equal participation in the State system and mechanism, the South Asian States should work to uplift, protect and promote the vulnerable groups in line with other citizens according to their commitment at the international, regional and national fronts. Hence, the achievement of the government policy and programmes in this region in these sectors need to be reviewed. Such study has not been carried out yet. Considering above circumstances, the present study aims to find out answers to the following questions:

 

  1. What policies and programmes based on the SAARC Social Charter for the protection and preservation of the vulnerable groups are being implemented by the governments in this region?

  2. What is the current social, political, economic and cultural situation of the vulnerable groups in South Asia?

  3. What are the State obligations for the protection of the vulnerable groups based on the international, regional and national provisions?

  4. What is the current situation and result of the implementation of State policy and programmes?

  5. What are the gaps and lapses in the policy, programmes and their implementation?

  6. What measures can be taken for the empowerment, sustainable livelihood and social and political participation of the vulnerable groups?

 

 

2. Objectives of the Study:

 

  1. To initiate a study to bring together the policies and practices in South Asia around livelihood and participation in terms of national provisions, policies and the assessment of vulnerability with specific reference to the provisions of the SAARC Social Charter.

  2. Study and identification of the measurement areas for sustainable livelihood and social and political participation of the vulnerable groups in South Asia.

  3. Explanation of the State obligations for the protection and promotion of the vulnerable groups with special focus to the provisions of the SAARC Social Charter.

  4. Evaluation of the State policy and programmes at the implementation level.

  5. To make recommendations after the identification of the gaps and lapses in the State policy, programmes and their implementation.

 

3. Significance of Study:

Present study is a part of ongoing “Regional Initiative for the Rights to Sustainable Livelihood and the Enabling of Social and Political Participation” being carried out by CHA and other partner organizations in Bangladesh, India, Nepal, Pakistan and Sri Lanka. It aims to review the policy and programmes applied by the five countries in this region. Significance of study of the policies and programmes being implemented by the governments affecting life of vulnerable groups in this region is based on following grounds:  

  • To draw the attention of the South Asian countries based on the objectives of the SAARC Social Charter is necessary. This study is expected to create pressure from the civil society for the implementation of the provisions of the Charter to attain the objectives;

  • To guarantee the respect of human rights, collective mobilization of the people’s strength is necessary. Education and awareness creation can ensure transformation of the society through participation of the vulnerable groups in governance;

  • To carryout study on the current policies of the concerned governments for the sustainable livelihood and the social and political participation of the vulnerable groups is required;

  • To link the concept of expansion of equitable justice to the life of the excluded and vulnerable groups;

  • To expand the issue of livelihood of the vulnerable groups from just survival to a dignified life style;

  • To initiate new campaign for sustainable livelihood and social and political participation by linking it to the political issues and equitable justice;

  • To influence at the policy level and improve the existing policies in favour of the vulnerable groups;

  • To enhance the capacity of the vulnerable groups to claim their rights, equitable justice and development;

  • To develop an advocacy tool for training and awareness of existing rights for the vulnerable groups.

4. Conceptual Framework:

a. Concept of sustainable livelihood:

Equal access and control of all people to the natural and other resources is imperative for sustainable livelihood. This emphasizes concept of human rights, human values, justice and equitable society. This guarantees the right to self-determination of the citizen for their social, economic and cultural development. Sustainable livelihood is the best lifestyle demanding access to adequate standard of living including food, shelter, clothing, livelihood and employment. Minimum standards of sustainable livelihood could be achieved only after the equal opportunity of all the sectors of the people to employment and ownership and access to the natural resources. This has been guaranteed by the ICESCR.

 

b. Concept of social and political participation:

The concept of social and political participation stresses the need to guarantee of civil and political and economic, social and cultural rights. This is imperative for the promotion and protection of the vulnerable groups. It guarantees the rights to ideology, thought, religion, franchise, assembly and participation in the government. The promotion and empowerment of the vulnerable groups cannot be achieved without rights to freedom, security and free movement, franchise, equality and non-discrimination before the law, self-determination and the right determining the political status. Right to social and political participation denies the traditional concept of right as a mercy of the government and the power elite and the trickle down approach of development. This encourages peoples to claim development as their right.

 

4.1. Conceptual Measurement:

Conceptual measurement of the sectors contributing to ensure sustainable livelihood, social and political participation needs to be carried out. This should accommodate the issues of sustainable livelihood, social and political participation of the vulnerable groups (Annex-B).

 

4.1.1. Areas of Measurement:

Measurement of the sustainable livelihood and social and political participation of the vulnerable groups will be based on the following issues:

 

  1. Sustainable livelihood

    1. Access to adequate standard of living – Shelter, clothing and food

    2. Right to self-determination in respect to social, economic and cultural development

    3. Ownership to the natural resources

    4. Access to development

    5. Employment

    6. Education

    7. Health

 

  1. Social and political participation

    1. Guarantee of fundamental rights

    2. Promotion and empowerment of the right to participation in the government

    3. Equality and non-discrimination before law

    4. Self-determination and determination of political status

    5. Right of franchise

    6. Right of liberty, security and movement.

 

  1. Promotion of the status of women

  2. Promotion of the rights and well-being of the child

  3. Armed conflict and the vulnerable groups

  4. Access to justice

  5. Globalisation and the vulnerable groups.

 

5. Methodology of Study:

These have been categorized in three parts (Annex-C). Firstly, the SAARC Social Charter and the policy and programmes of the States based on this. Secondly, the constitutions of the South Asian countries and the policies applied by the governments. Thirdly, commitments of the States according to the international instruments. The measurement sectors shall be studied in the following way:

 

a. Policy Review with Critique: The State obligations will be evaluated within the periphery of the provisions for the vulnerable groups enshrined in the international, regional and national instruments. Provisions in the ICCPR and ICESCR will be considered whereas the commitments expressed by the South Asian countries through the SAARC Social Charter will be prioritised. Constitutions of the respective countries and the State policies and programmes will also be reviewed. The policy review with critique shall focus the following sectors:

 

  • What is the State policy in favour of the vulnerable groups according to the SAARC Social Charter and other international and national instruments?

  • What are the programmes for the empowerment of the vulnerable groups?

  • What are the changes seen in the measurement sectors?

B. Secondary Sources:

The study will be carried out using information available in the secondary resources. Information and statistics derived from various published and unpublished sources will be collected from the governmental and non-governmental organizations.

 

6. Scope of the Study:

This study shall concentrate to the provisions in favour of the vulnerable groups as determined by the SAARC Social Charter. Besides, ICCPR, ICESCR and the Constitutions of the countries in the region have guaranteed special protection, promotion and development of the vulnerable groups. Though many studies have been carried out in this sector, they have not truly focused the rights of the vulnerable groups based on the provisions of the SAARC Social Charter. Present study shall emphasize sustainable livelihood and social and political participation of the vulnerable groups. This will also enable us to recommend strategy for the protection and promotion of the vulnerable groups.

 

7. Limitation of Study:

This study shall focus on the policy, programmes and their outcomes in the SAARC member countries with special focus to the SAARC Social Charter. Other international and domestic instruments and obligations of the States thereby will also be taken into account. This study shall be limited to the evaluation of the policy and programme as viewed in the available resource materials. Field works and the focus group discussions will be held, if possible, to make the outcome more pragmatic. Other relevant materials shall be consulted.   

  1. Time Frame : The time frame for the Policy Critique with Review is December 2004.

  2. Resources  / References : Reference and resource section should be strictly added at the end of the Policy Critique with Review.

  3. Glossary : A glossary of the words which are difficult to understand or which are popular and used only at the local level should be developed to facilitate easy and effective understanding of the text.

  4. Size of the document: The document of Policy Review with critique should remain within 100-150-pages.

  5. Priority Critique language: It may be considered to use the local language(s) in the preliminary phase to make the advocacy effective. The text can be finally translated into English for compilation and publication. This may be decided as deemed fit at the local

  6. level.

8.Reference :

(*) Reynaldo R Ty, Obstacles to the Realization of Human Rights, Justice Denied!, WILPE and INHURED international, 1994

(**) Regional initiative for the Right to Sustainable Livelihood and the enabling of social and political participation- Project Document- CHA and partner organization , 2004

(***) Al Senturias, The Indivisibility of Human Rights., Justice Denied!, WILPE and INHURED international, 1994

Ricial and economic exclusion policy implications – International Council on human Rights Policy.2001.

 

Annex-A

Definition of “Vulnerable Group”: Vulnerable group is a community deprived of food, shelter, clothing, health, employment, education; have no access to  political, social, economic activities; are away from the development activities; are discriminated in terms of religion, race, caste, region etc. From a Human Security perspective, a community that does not enjoy freedom from 'fear' and 'want' is vulnerable group. Normally, freedom from want is important in a developing country like Nepal; but the ongoing Maoist insurgency compels to consider freedom from fear also while defining vulnerability.

 

Annex-B

Contents:

 

  1. Introduction

1.1.             Current situation of the vulnerable groups – political, social, economic and cultural

1.2.             Statement of Problem

1.3.             Objectives of Study

1.4.             Concept of the Study

1.5.             Methodology of Study

1.6.             Scope of Study

1.7.             Limitation of Study

  1.  Conceptual framework

2.1. Concept of sustainable livelihood

2.2. Concept of social and political participation

2.3. Concept of equitable justice and equality

  1. State obligation to the vulnerable groups

4. Measurement of the sustainable livelihood and social political participation of the vulnerable groups

4.1. Sustainable livelihood

    1. Access to adequate standard of living – Shelter, clothing and food

    2. Right to self-determination for the social, economic and cultural development

    3. Ownership to the natural resources

    4. Access to development

    5. Employment

    6. Education

    7. Health

 

4.2     Social and political participation

a. Guarantee of fundamental rights

b. Promotion and empowerment of the right to participation in the government

C. Equality and non-discrimination before law

d. Self-determination and determination of political standard

e. Rights of franchise

f. Rights of liberty, security and movement.

 

5. Promotion of the status of women

6. Promotion of the rights and well-being of the child

7. Armed conflict and the vulnerable groups

8. Access to justice

9. Globalisation and the vulnerable groups.

10. Gaps and lapses between the policy, programmes and their implementation

11. Challenges in the upliftment and protection of the vulnerable groups

      12. Recommendations.

 

 

Annex-C

For the purpose of present study, following sectoral policies and programmes of the South Asian countries will be used as reference:

 

Priority 1

Social Charter of the South Asian Association for Regional Cooperation and relevant policies of the governments

 

Priority 2

The constitutions of Bangladesh, India, Nepal, Pakistan and Sri Lanka and the policies and programmes in the areas of measurement determined by this Framework.

 

Priority 3

            Provisions in favour of the vulnerable groups as enshrined in the ICCPR and ICESCR and other relevant international instruments, e.g., policies of IMF, World bank, WTO and Asian Development Bank.