In this galaxy of the prominent jurists and scholars of the world, I am a thirsty person who does not dare to contribute, but willing to enrich myself with the experiences they share to this august gathering. I express my deep regard to such distinguishes jurists, scholars assembled here in this of world judiciary.
I feel greatly honored for the opportunity provided to me. I thank and express my sincere gratitude to organizers, especially Mr. Jagadish Gandhi, Convener of this 8th International Conference of Chief Justices of the World and providing me this opportunity to enhance my knowledge and share my views on such pertinent and issues affecting humanity.
I am not here to assess, analyze and comment on the work/contribution made so far by eminent jurists, to point out any shortcomings and to put forth suggestions. My wish is simply to express my personal feelings and views on the issues which may not be supported by actual facts, figures and views of learned people. Neither my views represent my organization.
Children's are the most precious trust that God has endowed upon us. They are to be properly looked after, cared and given due attention in order to constantly move ahead in this world. They are the seed that give continuity to mankind. Jagdish Gandhi rightly observed: "They are the most powerful common denominator for all the nations. They are the future of man. They are the linking bond between generations of man." Aeschylus said in 458 BC: "Children are voices of immortality to a man, though he be dead."
They are like the plant of a tree. Unless the plant is protected and properly cared, tree may not be able to bear healthy fruits. To make them able to shoulder the problem of tomorrow and link to a healthy succeeding generation, they must be given appropriate environments, opportunities, food and other needful means, so that they grow with proper physical and mental health. As we make different tools for different uses hitting hot iron, similar logic can be used with the children in order to develop them as decent citizens so that they make the world even more happier place to live on.
Efforts to destroy the healthy development of the children and use them in ugly, inhuman and wicked motives are the obstacles that many communities are facing. Many of them are helpless and unable to deal with these problems at their own. Man's devil face is the root cause behind the misuse or creation of the disturbance in the path of the healthy development of the child. This has become a serious crime against humanity.
The national ramification of such crime is comparatively easier to tackle with. National law and the authority created under it may have a strong hand and hit an effective blow to hammer out such crime. State authority supported by international community may have even more effective means. The willingness, commitment and sincere effort of the state can be directed to eliminate such situations. Sometimes, the sincere efforts of the state become ineffective due to the lack of the capacity and resources.
In such situation the co-operation of the international community becomes inevitable. In this context, I would like to draw your attention to some of the efforts that are made in my country in regard to the protection and promotion of the basic human rights of the children.. My country is fully committed towards the healthy growth of the children and any wrong doings is dealt seriously so that such effort could be stopped.
Nepal is working on the children's problem with all its capacity and resources that are in its disposal. In this process Nepal has a planned national action program. Nepal has ratified the Child Rights Convention 1989 and appropriate legislation has enacted to implement it. Treaty Act, stipulates that any provision of the treaty/convention ratified/adopted supercedes the prevailing Nepal law wherever they contradict with them. Nepal has ratified ILO convention No 138 and 182. Child labor below the age of 14 is prohibited and between 14 to 18 years is regulated. Government is implementing a 10 year national action plan adopted in 2004. Optional Protocols to CRC have been ratified. The interim constitution 2007 has recognized children's right as fundamental right.
Judiciary is vigilant and working with an open eye on issues that affect the protection and promotion of the children's right. Juvenile justice system is in operation in the district courts throughout the country. Exercising the power under judicial review, Supreme Court has declared those laws, rules and regulations that violate the international conventions and the constitution ultra-virus and ordered to make suitable amendment therein. In one case repealing those regulations which provided employment of child below 16 years in armed forces, Supreme Court said that violation of international norms established by the International Conventions can not be accepted. Supreme Court is sympathetic about children's right and is willing to EXTEND cooperative hand and wishes to contribute wherever it finds violation on children's rights.
Rights of the children in tuned to CRC are recognized and even by the lower courts. The District Courts are empowered to issue declaratory order (writ) when it finds the violation of rights of the children.
From the beginning of constitutional process in our country, children are accorded a special status and given special protection under the provision of Right to Equality.
Every child is awarded equal right identity. They can be identified even after the name of his/her, mother special care and protection is provided to invalids, refugees, child labor, sexually abused and mal treated child, child a trafficking and affected by conflict. Further special concern is shown to the child involved and used in armed rebellion.
Nepal is in a process of peace building after a decade long armed conflict. All the actins of the peace process the major seven parties along with the rebel Nepal communists party are constantly involved in negotiations after negotiations. All parties are, now, in the parliament. It is expected that the making of a new constitution by the constitution assembly will create a new democratic culture and lasting peace might be attend. Thereafter, Nepal will enter a new age, and then the condition of the children will be even more protected and improved.
(Due to the violation and abuse of child rights under various excuses in different community around the world, the protection of child right seem tricky and difficult to manage). In order to make safer world through a balanced development of the child international problems created due to the violation and abuse of child rights seems comparatively tricky, difficult and unmanageable, for national problem can be short out by domestic laws and effective mechanism of implementation. The cross boarder crime and multinational dimension of the problem require a collective effort of more than one country, as we all know, due to the weak international law, such crimes are on rise. The conflict of interests among nations makes the task not only tricky but even more complicated. Such activities undoubtedly posses threat to world peace and order. While the international community is modestly successful to thrash out the existing problematic issues, newer issues are emerging. Global warming and terrorism are such issues which is threatening not only the world order but the very existence of mankind.
To deal with such numerous and immense magnitude of problems, people of the world must act in a unified manner. Unless we fight against these problems collectively, it is like choosing the path of (we may be going to the verge of) extinction. Such efforts need a effective world system which can be developed only through a system of world government. We all know that the progress in transport and communication system the distance of the planet has been narrowed down and which has effectively converted the world into a village. Taking its advantage world government should be formed on line of federal structure. This world can be developed into a confederation and the present UN system be converted into respective organs of it. In this way Security Council, General assembly and international court of justice can be formed the executive legislative and judiciary organs of the world confederation. As we see in the recent times, concept of sovereignty adopted by the contemporary international law is melting and international intervention are widely accepted by international community, the formation of world government seems very logical, realistic and essential. The world wisdom can be used on this aspect and bring in a concrete and complete idea on it.
We are juristic persons. We can bring suitable suggestions to empower international court of justice (ICJ) as an apex court of world judicial order. Looking into the present international relations among the international community and the direction it is taking, the day will come; we can see a world government.
We know the world court was established in 1919 and its statute has remained the same.
The change in relations and interaction of the international community demand the suitable adjustment in the contemporary international law, so that the justice system be made effective. The structure and jurisdiction of the court should be suitably reformed and restructured. The court should have at least 5 regional branches. The present jurisdictional mechanism of ICJ is to be completely overhauled and designed in line of international criminal court. Jurisdiction of the court be made compulsory to the member states, Art 38 of ICJ be completely rewritten so that any credit worthy organization certified under the UN system may bring case against one or more states either single or in conjunction with other organization. In addition to the present jurisdiction, the subject matter should be the violation and /or abuse of human rights of any groups/or communities either within a state territory or in the territory of group of states. There should be a right of appeal to ICJ over the decisions of state judiciary on matters of violation and abuse of the rights of the people/ community. This is quite relevant in the world where children have been used for the armed conflict or for the purpose of the war, where ICJ can be useful for the protection of the childhood.
To make this planet safe for the mankind, we should guarantee children's rights for protection, development, participation and promotion.
Thank you all for you kind attention.
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