Showing posts with label Something To Ponder About. Show all posts
Showing posts with label Something To Ponder About. Show all posts

Wednesday, June 1, 2011

Constitution Making in Nepal

This is a post I wrote on 25th May, 2011, two days before the expiry of the May 28 deadline of the Constituent Assembly of Nepal. Since then, the term of the Constituent Assembly has already been extended on the wee hours of 29th May, 2011 by three months, with an agreement among the major political parties. Concurrently, on 25th May,2011 the Supreme Court of Nepal issued an order stating that any future extension of the Constituent Assembly would be subject to judicial review.


Learning from their Mistakes? What next for the Constituent Assembly in Nepal?


The initial mistake of assigning a dual role to the Constituent Assembly has led to a continual sidestepping of the main issues, in favour of government formation. This musical chair of government formation indicates the lack of accountability in Nepali politics. Constitution making in a post conflict society requires commitment, understanding, compromise and most importantly a desire for peace and nation building from all the concerned parties. Thus, given the critical importance of the situation, it is imperative that a compromise on power and other issues be reached to allow the Constituent Assembly to draft a constitution that matches the expectations of the people.

The timeline of Nepal’s conflict show a constant recurrence of pivotal moments. It has been 21 years since the re-establishment of a multi-party democracy; 15 since the starting of the ‘People’s War’ by the Maoists; 10 since the massacre of the erstwhile royal family; 5 since the popular protests paving the way for the ‘safe landing’ of the Maoists and the signing of the Comprehensive Peace Accord and 3 years of a Constituent Assembly and a republican Nepal. Come May 28, and it will be exactly a year since the extension of the 601 member ‘jumbo’ Constituent Assembly.

However, not all is well in Nepal. At this critical juncture, it stands, 2 days away from the deadline, without an expected constitution and no proper agreements on any of the critical issues. As the primary work of drafting a constitution has not yet been completed, there are talks of a further extension of the extended Constituent Assembly. Besides raising questions of legitimacy and constitutional ethos, there is a serious lack of introspection in the entire exercise. The focus is surprisingly still on control of power, as seen by the posturing going on between the Maoists and the Nepali Congress, for the formation of a new government.

This undue focus and debate on government formation, shows the mistakes that occurred with the establishment of the Constituent Assembly as a dual body; a dual structure of constitution drafters and the legislators.  It displayed the lack of statesmanship among the leaders, and the fear they had of the emergence of a parallel power structure. Even economic prudence can no longer be held to be the reason behind the formation of a single body, given the astronomical costs incurred by the Constituent Assembly. This duality of the Constituent Assembly has thus been one of the most significant contributing factors to the continuing uncertainty in Nepali politics.

It is necessary to understand the importance of this constitution to the current Nepali society. It is not being drafted, because of an absence of any previous constitution, but because of the changes that have occurred in the last 20 years. Expectations are high and unlike previous movements, the demand is not only democracy, but the creation of identity. This exercise of constitution drafting has the idea of nation building attached to it. Issues of language and ethnicity coupled with demands for federalism clearly show that the main issues are still issues of social justice, equality and the re-definition of what it means to be a Nepali. It is the first instance, where the constitution of Nepal is being drafted by the people’s representatives. The variety of representation shows the diversity of views in Nepal, and thus highlights the necessity of compromise, so as to accommodate differing views on the writing of the constitution. Violence might have ended, but there is continual conflict and this has been on an upward trend. Constitution making in a post conflict society requires commitment, understanding, compromise and most importantly a desire for peace and nation building from all the concerned parties. All of these factors go into creating a constitutional design capable of laying the foundation of an enduring constitution.

Instead of a proper management of these conflicts, the constitution writing process has however been clearly hijacked by the leaders of the main political parties, where issues have become pawns in the game of government formation. It is a shame, that there has been neither a clear stance on principles nor coherent viewpoints even by leaders of the same parties on critical issues like federalism, language and reorganization of administration. This confirms the callous attitude towards the entire process, which means that the entire exercise is being seen in a short sighted view of writing a ‘makeshift’ constitution, instead of utilizing it as the opportunity to create a solid foundation for an enduring constitution and the building of a better State.

It is therefore absolutely vital to understand that the expected constitution not only needs to address these emotive issues but also convince the citizens with the decisions it takes. This requires appreciation of the issues, and a proper study of the possible implications. It is here that the Constituent Assembly and the political parties have failed the country. It is not to say that no work has been done. Thematic committees on different issues have created draft reports and have initiated debates on it. However contentious issues have become huge roadblocks. Compromises reached in these committees have been rejected by the leaders of the parties. It is quite apparent that the Constituent Assembly has become relegated to a secondary body. It is clear that these committees do not wield real power. Thus, all the work done has reached a level of stagnation. Further, there is hardly any communication to the masses about the progress report of the different committees. Thus, there is a seeming exclusion of the elected themselves from the process of constitution drafting.

Public debate, on the other hand is vibrant. Although the euphoria of May, 2008 is absent, there is a growing realization of the need to seize the opportunity lest it becomes too late. Hence, there is growing pressure on the politicians. However, there is a clear lack of parameters to debate upon, as the Constituent Assembly has failed to take the debate to the grassroots. Most issues have already been trivialized with consensus supposed to be the only norm. The media is doing a relatively good job of keeping the people informed but their focus is more on day to day reporting, and less on issue engagement and pressure building. The recent usage of social media for demonstrations is a welcome advancement. However, this is not enough to take the debate to the masses. This vibrancy in the public domain is yet to gain a proper direction, with propaganda and quantitative rhetoric rather than qualitative merit based debate ruling the roost. Thus, even the public has been excluded from this process.

However, instead of focusing and addressing these issues, the issues of power and army integration have been made the main issues. The average age of immediate post conflict constitutions worldwide is abysmally short and these are often the result of mismanaged post conflict situations.  Thus, the issue of management of the Maoist combatants is no doubt important, and a lack of appropriate solution despite the passage of time and UN involvement is problematic. However, this issue is part of the political process and should not be used to justify the lack of progress on other unrelated issues of constitution drafting. It is not inextricably tied to constitution drafting and cannot be used to justify the delays in the entire process. It only serves to take away the focus from the main issues of the Constituent Assembly.

What is further worrying, in the framework of the debate is the lack of a clear model or structure from any of the parties post any possible extension of the Constituent Assembly. It is clearly a case of ‘wait and see.’ Further, the idea of a President’s rule is being seen as a distinct possibility. Besides being of questionable constitutional merit under the interim constitution, it neither aids constitution drafting nor conflict management.  Thus, constitution drafting has to be separated from the politics of government formation.

The legitimacy of the current Constituent Assembly derives from the people and their movement. It is this aspect, which has to be inducted into the political parties, especially given the complete lack of accountability and responsibility. It is too late to satisfy the Nepali people with a symbolic constitution or a constitution without incorporating the contentious issues. This time, issues of ethnicity and language, gender and discrimination, resources and reservation are at the fore. While, it might have been easy to raise this rhetoric earlier, it is too late now for these measures. The only way out is to reach a political compromise on the issue of power and make constitution drafting the sole focus. This should be accompanied with a proper address on the expectations of the people with provisions for the systematic implementation of these various demands after appropriate study, debate and consideration.

Further given the numerous conflict of interest of the Constituent Assembly members, especially with the power of re-nomination, it is perhaps time for the judiciary to step in and set a final fixed time limit, failing which another way forward should be sought. The country cannot continue carrying the burden of a non- functioning Constituent Assembly.

Tuesday, February 1, 2011

Winds of Change

                                                           Winds of Change
What is it about winds of change? Well, for one, it signifies a force, that uproots and transforms the structure opposing it. Used famously by Harold Mcmillan in the 1960s, and made popular by the Scorpions, this phrase perhaps signifies the current transition happening in North Africa, notably the Arab regimes of North Africa and its repercussions on the entire Middle East and for democracy in the region.

“The wind of change
Blows straight into the face of time
Like a storm wind that will ring the freedom bell
For peace of mind

Alert: Slightly long post!
A movement led by youths, with a networking through social networking sites, and in the absence of a visible leader, this movement seemed to have taken the world media off guards. With the exception of Al- Jazeera, none of the Western media were quick to cover it, and even when they did so, it was not covered extensively. Tunisia’s so called ‘jasmine revolution’ was set into motion by the self immolation of a frustrated graduate, and has set into motion events that have completely changed the political landscape of the country. Although remnants of the old guard still hang on, it is clear that things cannot remain the same, at least not for now.
Tunisia’s protests and its subsequent results set off protests in neighbouring Algeria as well, where Abdelaziz Bouteflika got the constitution amended in 2008 to continue in office for a third term. However, the protests there have been quietened by the authorities. Similar has been the fate of protests in Yemen. Similarly, Morocco, which has a monarchy, and also considerably more oil wealth than Tunisia, thus allowing it to take some pre-emptive measures to contain the possible domino effect, has been spared protests as of now, while Libya is still under the iron grip of Colonel Gaddafi.

However, unlike all these countries, Egypt was always likely to receive the direct effect of Zine Ben Ali’s departure. Egypt has long been a Western ally, and the first Arab nation to recognise Israel. Hence, despite his abysmal track record on democracy, freedom of speech and economic reforms, Egyptian President Hosni Mubarak has long been described as a key Western ally, and the US has rewarded Egypt with billions of dollars in military aid.  However, Egypt has been in a state of emergency since the assassination of Anwar Sadat in 1981, and opposition parties were allowed in the polls only in 2005, in a ‘far from free’ elections, and the main credible opposition ‘Muslim brotherhood’ is still banned. The State’s economy seems to be in the hands of an elite few, and discontent is rife. Hence, it was just a matter of time before people had enough.

However, no one believed it would happen so soon and Mubarak has ridden out previous protests to his regime. However, this time there has been the added element of confidence and belief among the people, provided by the ousting of the Tunisian President, coupled with the coverage in world and local Arab media. the world's eyes are centred in Cairo, Alexandria and Suez and thus the extra-ordinary has become ordinary

Mubarak is publicly defiled and defied, the headquarters of his party are in flames and Mubarak’s son; his supposed heir has fled to London. Mubarak himself appeared on TV, sacked his cabinet, and has appointed a deputy for the first time in 30 years. On the grounds, he seems to be fast running out of options.The army has refused to fire on the people, describing it as their legitimate right to protest, while anything short of his ouster does not cut ice with the protesters. It seems, all that was necessary was a catalyst, and the confidence among people, that the unthinkable can be accomplished.

However, the West is still bolstering support for Mubarak by giving their public the fear of an Islamic government in Cairo and Mubarak seems unlikely to voluntarily relinquish his hold on office, trying to use various mechanisms to buy time. However, the mood of the Egyptian streets seems to be against any compromise of any sorts and they want an end to his dictatorship. If Mubarak is forced out, which is emerging as a distinct possibility, this could very well be the catalyst for protests to resurface in other countries, most notably Algeria and Yemen and the repercussions will no doubt be felt in the entire Middle East. Maybe, for nations like Saudi Arabia, with its monarchy, oil wealth, and the almost blanket control of the media, it might take some time. But there is no refuting the present: disaffected youth have found a way to get their voice across using a clever mix of social media and the traditional media, to find confidence in numbers and the flow of information, thus allowing them to challenge the existing political dictatorship in a spontaneous challenge, rather than a pre-planned one.

What has emerged is the winds of change, presently sweeping the Maghreb, perhaps creating a void in terms of power structure, but definitely heralding the coming of a new era, where fooling the people could be a lot more tougher for the leaders. It is time, the West stopped its supports for despots and dictators, and acted for direct democracy, rather than paying lip service to it in the name of ‘gradual democracy.’

Its time for change:
“Take me to the magic of the moment 

On a glory night 
Where the children of tomorrow share their dreams 
With you and me


Lyrics from 'Winds of Change' by Scorpions, taken from here.


Monday, July 19, 2010

Ceasing Words

Words, words everywhere and not one seems so right. I know; blame it on the age, the mix of idealism and hormones tempered by booze perhaps? Or the sheer absurdity that things are. But the words are never sufficient enough to express the state of mind; agreed, its pretty close but there is always something missing.

Every song I hear, every story I read, the lyrics, emotions that run on my sleeve and a quixotic heart give me impetus to write. I know there is something stirring; perhaps a symphony? But no, the words just do not do justice to the thought, to the immensity of the idea.

What, next? Perhaps I could try going a notch lower and just aim to get the flow going. A look at the blue sky and the ever changing cloud forms? Or the cool breeze coming through the window and the beautiful girl sitting beside the window? Or the silhouette imprinted in my memory of the one that got away?

Some random lines emerge; albeit painfully. The pen treads with caution lest the flow is stopped but still the verses look bland, empty and meaningless with a compulsion to rhyme.

"Oh the blue sky
And a bird so high
The wind so blows
And beauty it shows"

Damn, this is not what I want to write. Yes, i know they are rhyming and may pass off as some form of petry, but??? Brings me back to the original emotion, the stirring and the passion. Almost universal emotions and what can i write more? Every heartbreak has had a song and encounters of passion are plenty. is there something new I can add and something that can be a creation of beauty?

Perhaps, i can write about me. But then, that would be a memoir. Damn, it would take a lot of time to write. Besides, who would want to read my memoirs anyway? Not even me, at least not now.:)

The words are ceasing. Time now then to abandon the books; for everyone of their creators had their own world to see. Time to see the world, with a keener eye, observe and feel and then perhaps words will be enough to describe these feelings, to ascribe them some value and meaning.

Till then
The sky is still blue
Have not yet found a clue
To differentiate my emotions
Into disparate shades and hues

Saturday, May 22, 2010

Time to change?

Some lines trying to portray the journey of an insurgent

To the self
Split up and confused
Dismembered beyond recognition
Change Perhaps
For a new vision.

Imagination astride
A new wave of motion
Far up, high in the skies
Stars; As if
Rational choices put up
Like points on a dart board.
Inviting; Seemingly close

Eyes closed; options anew
The stars are gone; darkness renews
Spoilt for choices once & now?
Not a fatherly voice to follow
Bearings lost; confusion rising
Books I held once
Bullets lay there now
Paths once dreaded
Now I tread

The stars have returned
not on the skies; But
On the bandana of my forehead
On the barrel of my gun
Dismembered beyond recognition
from the child I was
time ripe
For another change, A new vision

Thursday, May 20, 2010

For this?

Some general lines on the political situation of my country.

Why? How? All of this??
Justify

The cacophony rises
Increasing
As if in tempo
The crescendo;
Not of music
But voices

Questioning
The leader in red
The general in green
The minister, with his
daura suruwal and cap on

The price of lives?
Thousands
Thrown into the pyre
Of dreams and change
Revolution
Some agreed, fully joyous
For others
Thrust upon

Either way,
Voices lots
and
Voices lost

A safe landing, agreed upon
The ones with the cap huddle down
Faces change, seems to be the same devils around
Demands change, people hit the crowds
Differing dreams, shattering lives
What has it come to?

All of this,
Has not come to naught
But
The pie has yet to come
Legitimate shares and years of toil
Oppression and change
Justice and Freedom
heavy words

live and let live, say some
but on what to live?
Two square meals hard to come by
For us to live, you have to let live
Confusion, Obligations and personal choices
Differing people, differing voices

What next? Nobody knows
Status quo?? Why the lives?
Justify
Questions start
The men huddle together
Red becomes green with the cap on
Merged into one, they carry on

Questions left
No one left to answer though
the ones at the helm
have had the change
No need now, for them to push on
Except for their own needs

Thousands, blood spilt
All over our hills
For what?? For this?
Words are less to express
The anguish
Of a future
where more lives seem to be going
to the pyre
For what?
For this???

Tuesday, May 11, 2010

Online Rumblings of the Nepali psyche

The past week has been frantic in the Nepali cyberspace, with youths voicing their opinions in their own ways. Everyone is talking politics. Siddharth Bhai writes about why he opposed the Maoist strike and joined the peace rally, whereas Darshan di talks about the inherent hypocrisy of the peace rally. Then, Sailesh Dai with his new Bikalpa movement brings much needed thought clarity with his neutrality towards the Maoists and his open letter to Prachanda, the chairman of the Unified Communist Party of Nepal(the official name of the Maoist party.)

I am sure, there are a lot more of these discussions going on. Hoping for a positive outcome from all of this.

A lot to think, reflect and retrospect. Should get down to it, once the exams get over.

Sunday, May 9, 2010

DRAFTING OF THE NEW CONSTITUTION: WHERE DID WE GO WRONG?

This article aims to look at how the process of drafting the new constitution for Nepal has been derailed which is proved by the public acknowledgements of the leaders expressing their inability to write the constitution by the proposed deadline of May 28, 2010. This article does not look at other socio- political considerations regarding the empty promise of making a ‘New Nepal.’
The idea of writing a constitution through constituent assemblies represents a truly democratic way of fulfilling the aspirations of the citizens. As the elections to the Constituent Assembly also had provisions for a proportional representation, it was the most representative elected lot in Nepal’s history. It was also charged with a historic duty; to right centuries of wrong, to bring peace and usher in an era of equality, not only in token service but in true spirit. It was a historic occasion and truly the expectations were high in the immediate aftermath of the elections.
The initial hiccups of government formation perhaps showed the way and it has been mostly downhill since then for the 601 member Constituent Assembly of Nepal. A draft has been prepared minus several important aspects and critical issues are still unresolved. Even now, the focus is on a government change, with the drafting seemingly a secondary task. Where then, did we go wrong?
The first and perhaps the main problem that arose was the dual function of the Constituent Assembly as a legislature and a body for drafting the constitution. This should have been addressed right at the beginning itself. However, as a result of this, we have the Constituent Assembly working more as a normal legislative body. What has not been recognised is the unique position and privilege that has been afforded to the politicians to shape the lives of generations to come with a better constitution. Governments have been formed and changed, alliances broken and merged again without any respect to this crucial function of actually getting down to writing the constitution. What could have been, and in all honesty, should have been done was to have different people elected to the two bodies in the initial elections so that the Constituent Assembly could focus solely on the work of writing the constitution. The dual role of the Constituent Assembly to govern as well as write the constitution has been a major stumbling block.
Next, we come to the issue of independence. The Constituent Assembly seems to have no independence at all, especially when it comes to dealing with sensitive issues like federalism and issues of identity markers like language and reservation. All the decisions are made by a group of leaders from the different political parties. As such, this results in a complete disrespect for the will of the people and an imposition of a compromise view of a few political leaders. “Why need the Constituent Assembly when all the decisions will be made by a coterie of leaders as a last minute compromise “This situation is especially worsened when there are no clear policy lines of the different parties with regards to such sensitive issues. Thus, lack of a clear guiding policy with no independence has hampered the work of the Constituent Assembly.
The jumbo size of the Constituent Assembly has come in for much criticism. However, considering the scale of the task, the number is not too large. The problem however has been the mismanagement of these numbers. When issues regarding the new divisions of the country have been aprt of active discussions, there hardly seems to be enough willingness on the part of the Constituent Assembly members to explore newer options or go for a larger public interaction and collection of opinions. Newer ideas have not been encouraged and neither have Constituent Assembly members thought outside the party lines. Besides, many of the members do not attend the Constituent Assembly regularly with the list being headed by the top leaders of the different political leaders. There seems to be a serious lack of intent. This lack of intent is seen in the critical issues like language, federalism, distribution of resources where there is lack of a proper background check as well as a lack of alternatives. Thus, issues which need clarification have ended in a stalemate with no clear solution in sight.
In Nepal, there has always been a habit of getting things done at the last moment. Although, the job gets done, it results in a less than average end product. An example could be the Interim Constitution, which is supposed to have been drafted in less than 15 days and as such is a fractured mosaic of different constitutions around the world. However, it is not specific to Nepal and as such; there has been a need to have a better constitution which tracks the aspirations of the Nepali people.
The Constituent Assembly has representation from all the different walks of society along with experts on law, gender and other specific areas. It has the requisite number and required expertise and experience. What it needs however is complete independence and a clear focus and the support of the different political parties. Solutions should be found out on critical issues, without wasting time. Attempts to unravel controversial issues through different perspectives should be made. The goal is the drafting of a new era constitution, one that will set the country on to a better path; one that is populist as well as practical, and one that is able to lay the foundations of a better Nepal. If this does not happen then the next six months will still not be enough for a new constitution and the division in Nepali society might just become irreparable. The need for consensus, political will and clarity leading to action in a positive direction has never been more. Hopefully Nepali people's resilience and the wish for peace along with increasing political realisation and awareness will spur the political establishment and the Constituent Assembly to action.

Tuesday, May 4, 2010

Foreign Nationals: Milking Cows??

Prologue: The fee structure at NLSIU for foreign nationals being on the higher range, I ask for and receive permission to pay my fees in three instalments. Some days before the exam in the third trimester, a notice calls out some numbers in class of which, yours truly, the author is one.
___________________________________________________________________________
Scene: Registrar’s Office, NLSIU.
In a spacious room sits the Registrar, looking over the list. “ID” he asks gruffly. I see Padma maam smiling in the background.
“1656, Sir.”
“528 Rupees”
By then , I had realised that this notice was due to remaining dues owed to the college.
“But Sir, I have paid all of my dues. In fact the problem is that the administration has suddenly changed the rules regarding the rate of exchange.” I strive further to explain my situation. “ Sir, I had paid my fees in 3 instalments and it was agreed that the rate of exchange would be as according to July 1, 2009 for the academic year July, 09- June, 10. Hence, tweaking with the rates in between the academic year would be a retrospective application. Hence sir, I think this is wrong Sir.”
“What, how is this wrong? We are giving you the facility to pay in instalments. In fact we should be allowed to take interest from you. Who are you to use legal arguments?” The registrar started fuming with rage.

“If I may, Sir, please”, I tried to cut in with whatever little knowledge I had learnt from the university selection of the negotiation rounds, but he was hell bent on continuing. I still managed to talk about how the Finance Officer had agreed to my arguments, but I don’t think I got through to him.
“We will not allow you such instalment facilities from next year. Then we shall see.”
“Ah, yes,” I thought. “Paying twice the amount of Indian students was already a burden coupled with its exchange into Nepali currency and that too all of it to be paid at once. I knew my parents could not pay all of it at once. So I had no option but to keep quiet and listen to his rampage.
Suddenly, his eyes went to my shorts. It’s rare that i wear shorts to class but the increasing heat coupled with my increasing mass makes it all the more necessary to wear them.
“What are these? And what is with this getup? From now on, i do not want to see you in the academic block with shorts on.” I kept on listening to him going on about shorts and decency for a while.
Then, he looked at me and asked, “So?”
“So, what?” I wanted to say but decided the better option would be to keep quiet.
He asked again, “Are you going to pay or not?”
As if I had an option. Of course I was going to pay, especially with the threat of not allowing me any concessions the next year and the psychosis of not alienating this powerful God of law school.
“Yes, I will pay, SIR”
I still see Padma Maam smiling in the background.
___________________________________________________________________________
Epilogue:
I go around the academic block and meet some other foreign national students who have been asked to pay an extra amount to have their dues cleared, despite paying the entire amount at the starting of the year. I do not understand how this is possible, how you can change your policy in the middle of the academic year to affect something that has already been done. And to talk of policy, there is no policy, there is nothing written down, ther are no rules. It all depends upon the whims and fancies of the people in authority who somehow cannot stand a student replying back to them, no matter how correct the other person might be.
It seems correct now why people say that in law school, you need to start kissing asses. If this is supposed to be where we learn what the law is, what justice is, do we not deserve to see it in application? It is funny how we strive for democracy in the State and end up kowtowing to a hierarchical whimsical system in our daily lives.

Sunday, April 11, 2010

Governance in Nepal

As usual, nobody stticks to a decision in Nepal. The government makes a decision (despite opposition), only to see more opposition and PILs filed, and retracts to the original position. A loss of time and face.
Bad governance.

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=17351

Sunday, January 10, 2010

Indian/Nepali/South Asians- The value of our lives?

Just came back from the common room after catching a bit of the Doha debate where the motion was- 'This House believes Dubai is a bad idea.'
The debate was interesting and I personally felt that with such a specific wording of the motion, the opposition were bound to score a victory which they did with 62 percent of the votes. they discussed finance, education, Arab culture, Emirati rights, discrimination, propaganda etc and lofty grandiose words like how Dubai is a beacon to the world.
All of this was good and interesting, but what really shook me was the lack of apathy and concern for the real builders of Dubai- the migrant workers, most of them from South Asia, working on less than 2 dollars a day in squalid conditions and with so many violations of their rights that it might be worthless to even attempt to count.
Against claims of abuse, the simple answers given were downright degrading.
Numbers were used to show how the few workers might have been exploited but most of the population of Dubai was benefiting from it. to be precise numbers of 1,60,000 against some 4.8 million was used.
No matter what the number, you cannot allow the violation of such rights. if you do, then Dubai is not a beacon to be followed. There are no two ways about it, it is SLAVE labour.
But then another argument comes up. they came out of their own free will and where they come from , they get less than 2 dollars a day.
Yes, we are poor and that forces us to go to Dubai, to work, to provide something for our families. Does that give the companies the rights to exploit these people to the hilt? They are humans too, right? And true they might have come out of their own will, but are they allowed to go back on the same terms? Are they given the benefits as mentioned in their contracts? is a contract even signed?
To use the idea of a free will and abstain from its own responsibilities does show that Dubai is a bad idea for the rest of the Arab world to follow; to be built on slave labour.

Another argument used was the lack of ability of any governments worldwide to enforce all of its laws and all they could do was try. Thus, it was the companies and not the government of Dubai, who bore responsibility for these workers.
What??? The government has no responsibility and it can only try? So, does that mean that if the companies decide to flout other laws, which are detrimental to the vision of Dubai, the architechtural glory, they won't be punished using the same logic?

The debate clearly showed that the value of the life of these migrant workers means nothing to the Sheikhs of Dubai, perhaps it is a reflection of the value of our citizenship.
perhaps, it is power politics and how the relative economic, military clout of one's State reflects in one's treatment.
However, the audience in the debate proved me wrong. There were quite a few Indians and Pakistanis who thought Dubai was a good idea and who were clearly treated well by Dubai. That for me, kicked citizenship out of the issue. Its more about the money.
When you have Burj Khalifa to build, who cares about those poor exploited South Asian labourers? Surely, they dont even matter, right? I wish they had been in the audience and then we would have seen, "Is Dubai really a good idea?"

Thursday, October 15, 2009

Random Musing

“Wake me up when September ends”
Looks like GreenDay wrote these lyrics for me, well not a single post since the fall of September and October is already halfway through. In my defence, I was busy, a standard term applied to life at law school. No matter what the time, you are always busy, exams, projects, vivas, one competition or the other and if nothing some happenings in the acad. And the time I was not busy, I was sleepy and bored.
Well, for once there has not been much to write about. Painful pangs, which usually make me loquacious about life, clouds, shadows, night, stars etc have mercifully been few. True, there have been so many newer happenings but none has made me neither confused enough nor clear enough to really write anything. And more importantly, there has been a replacement of the instant with the understanding that some things are perhaps better unexplained. To stop looking for answers has not been easy, but there has been a subtle prioritisation taking place, almost as if by itself.
This has given me time but unfortunately a lot of that has been spent procrastinating and some of it thankfully listening to good music. As usual the internet is to blame for the procrastination, not me:). Thankfully, this trimester is coming to a close, although now it feels almost like a semester. Studies apart, the trimester has been one to remember with vacations in between, my first dashain outside home, and doing reasonably well in other activities.
And to add that a lot of classes have provided for the sleep mode this trimester, thus allowing me to supplement the meagre sleep I get before coming to class. I do not know whether it is a good thing or not. Felt good while sleeping, though a bit guilty but as usual the coming of exams have brought a self resolution banning myself from such activities next trimester for my own good. No idea if that will be followed though...
Hopefully will post more once the exams are dealt with and peace returns. Hopefully, a short story that I have written; well almost, still struggling with the ending. Or perhaps, some strange sense of disaster will make me philosophical again:)