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Master of Arts in Inter-Asia NGO Studies
THACH Chitaro
May,2009
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DECLARATION
I hereby state that this thesis has been submitted an original work, reflect-ing
my own analysis and thoughts.
Signature: -----------------------------
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Overview of the Political Economy of Cambodia in 1960s-1990s
Author by
THACH Chitaro
Master of Arts in Inter-Asia NGO Studies (MAINS)
Graduate School of NGO Studies,
SungKongHoe University
Examiners
May, 2009
This is (a research, an analysis) Thesis
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Acknowledgements
The work, testimony and writings of many political, economic and social changes have in-spired
the production this thesis. I hope this thesis will be widely used in a range of develop-ing
countries as much as it will be used in the developed world and that the material will be
stimulating and constructive.
There are countless number of people who helped in the process of writing and finalizing this
work. I would like especially to thank Prof. CHO Hee Yeon who has shared his tremendous
ideas and experiences within the course of empirical research in Political Economy of Cam-
bodia as well as countless other materials from website of Trusted Archives for scholarship were
reviewed and cited in the literature of this study. For all those, I acknowledge the rich
contribution of many advices from Prof. CHO Hyo Je and JIN Young Jong that made to this
work and I have greatly learned. A number of people have also read and made helpful com-
ments on an early draft of this thesis.
I am gratefully to thank professors and staff in Master of Arts in Inter-Asia NGO Studies which
put their effort to streamline and compromise the course until finished. Finally, I would like to
thank all of contribution, maintenance, supporting, and encouragement to 5.18 Memorial
Foundation, Hansol Textile and Sungkonhoe University directs to this scholarship.
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List of Contents
List of Tables
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Chapter I: Introduction
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Chapter III: The Political Economy in 1960s-1990s 1960s: Sangkum Reastr Niyum/Sihanouk’s
and Chapter IV: Analysis legacy
- Sihanouk’s role in political arena and
radical economic.
- Direct democracy policy in Cambodia.
- Economic growth depends on foreign
policy.
- Vietnam War had influenced
Cambodia.
- Student movements in 1969.
- Economic down and inflation in 1969.
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1970s: Khmer Republic (1970-75) and Democratic Kampuchea (1975-80)
- The transition regime to Khmer Republic under coup d’état in 1970.
- Economic assistance from the U.S.
- The warfare between government and Khmer Rouge guerrilla in.
- The transition regime to Democratic Kampuchea in 1975.
- Vietnamese troops’ mission in Cambodia in 1979.
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The frameworks analytical of the Political Economy of Cambodia in 1960s-1990s need to be
linked with historical event in 1950s somehow in order to understand the whole aspect of
Political Economy in Cambodia. The table above showed that Cambodia has comprised with
many regime transition during the period of 1960s-1990s because of affiliation with civil
War. In order to get the point of these transitions I have described about the political fracture and
social movements were undertaken by Norodom Sihanouk that provides the academic with an
appropriate tool for further understanding about political economy process and chal-lenge.
Norodom Sihanouk’s activities in the political arena has given a potential affect both positively
and negatively to the state of Cambodia as shown in the table and which will be described in
Sihanouk’s legacy in 1960s along with the suffering of Sihanoukism was de-feated by Lon Lon’s
coup d’état in 1970 and founded a new regime to republicanism under name of Khmer Republic
in early 1970. The detail descriptive is shown in Lon Nol’s hegem-ony. Khmer Republic had
been survived for a short time while Cambodia has extremely con-fronted with economic down
and Vietnam War. The new regime founded Democratic Kam-puchea by Khmer Rouge guerrilla
who directly headed by Sihanouk and his supporters in Communist Party of Kampuchea which is
dealing in Killing Field. Khmer Rouge is the state of barbarism had been collapsed by
Vietnamese troops under special agreement with Cambo-dian prominent leaders and new regime
founded People Republic of Kampuchea in 1980s. The explanation of reason why as well as
contents in the table is describing in the alliance of communists countries. The next two regimes
were founded with firstly, State of Cambodia 1980s and secondly, Kingdom of Cambodia in
1990s conducts in the peace talk and the share of powers. Bearing in mind of what was described
above is exploring together in Chapter III: The Political Economy in 1960s-1990s.
This account is organized around a number of major issues. It includes the profile of Cambo-dian
political context in general and economic scheme. The transformative potential of the regime in
Cambodia because of political instability and economy crisis that can be addressed and analyze
through the follow chapters:
Chapter II: Historical and Post Colonial Reviews; it deals briefly with French colonial in 1863,
Japanese colonial in 1945. There was a tension by social movement in these periods and internal
political demands forward to receiving independence from French colonial. I have put these
colonials review because it can make directly relevant for developing case which importantly
dimension to an understanding of the political economy and social con-texts of Cambodia.
Chapter III: The Political Economy in 1960s-1990s; it describes about the relationship be-tween
political economy and social models activities by suggesting that political instability push the
economic slowdown, it is an essential element for regime transition. This chapter reviews all of
collective views of those materials took part in the focusing group discussions regarding the
political economy. The descriptive of the political economy of Cambodia in this chapter has
subordinated directly to the next chapter and can be debated on approaches to the analysis of
Cambodian political economy. It has become necessary a feature to improve currently
challenging with low-income is likely to suffer the most from the crisis. Chapter IV: Political
Economy Analysis; it focuses on the implication of chapter III, how-ever, it explores in detail
about which originate importantly of the Cambodian political econ-omy. The analysis examines
12 indicators to predict political instability: inequality, inde-pendence, civil war, corruption,
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ethnic fragmentation, trust in public institutions, risk of la-bour unrest, geographical position,
regime type, factionalism, GDP growth, and unemploy-ment rate per capita income. Chapter V:
Conclusion will combine all of the chapters in one in order to figure out the major cause of
trouble interims of the logistics to conduct proper research and ensure that the politi-cal economy
analysis has been reached efficiently.
This thesis has given a special attention to all readers which with debating or researching, this is
because of the ongoing civil war in Cambodia almost 3 decades, therefore the relative documents
were lack of valid data and accurate information on the political economy needs in the period of
1960s-1990s, however, it was important to conduct this research, especially through using a
participatory approach of political and social movements background in Cambodia from the
perspective of political economy. Much of literature in the West is criti-cal of the existing
systems of research provision for political economy and social movement. As for understanding
the political and social movement background, I have organized over these decades along with
the sort of Shanouk’s activities and his hegemony because Siha-nouk can be the best judged for
Cambodian political economy.
The presence of French colonial started with invasion of South Vietnam (Conchinchina), ba-
sically for gaining control of the whole Indochina. French colonizers have put pressure on
Norodom the man to be Ang Duang’s successor to approve the protectorate treaty with France in
August 1863. The whole systems were ruled by French government as the domi-nant political
force, all the provinces were under administration of French officials particu-larly all the
decision from monarch had to submit to the representative of the French govern-ment for
approval. In 1880s, the French government had been started tighten up the situation of Cambodia
by controlling of taxes collection under the new agreement of forcing the king to agree to the
costs of French “protection” over Cambodia. After Norodom died the French government
decided to place Sisowath on the throne in 1904. Otherwise, Norodom Sihanouk was born on 31
October 1922 with his parent Suramarit and Kossamak. Sihanouk was se-lected to place on
throne on 1941 while that time France had surrendered to Nazi Germany and Pétainist regime
was established in Vichy1.
Starting with Vichy’s agreement, Indochina was the increasing menace to the authority posed by
the Japanese. They were arranged to station their troops in North Vietnam, the Japanese had
further undermined France’s colonial position by cooperating with Thai government. Japanese
coup of March 9, 1945 on the following day, Japanese troops entered the capital city Phnom
Penh three day later the king Sihanouk repudiated the existing treaties with French and
proclaimed his country independence. The border provinces of Battambang and
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Siem Reap were lost to Thailand, thanks to Japanese mediation, Cambodia suffered little
economically during the war2.
2 Thompson and Richard, 1953, Cambodia Moves toward Independence; http://www.jstor.org/stable/3023994
Son Ngoc Thanh was play prominent roles throughout Sihanouk’s tenure of power and his
associates represented the first stirring of modern nationalism in Cambodia and his principal
interest was gaining domestic political power. He was founded a newspaper of Cambodian
language called Nagaravatta at being subjected to French rule in order to publicize their views
against French colonial. The newspaper argued for Cambodia and called on their coun-trymen to
awake to challenge posed by the Chinese and Vietnamese domination of commerce in the
country, they did not advocate violence to achieve their aims. In 20 July 1942, a major
demonstration against the French took place in Phnom Penh and Son Ngoc Thanh, was claimed
to be seen wearing Japanese military. Thanh and Sihanouk asserts, was hiding in the Kempe Tai3.
After the largely bloodless Japanese coup de force and disarmed the French military there is a
real difficulty in assessing Sihanouk’s role during that period; however, he assumed the title of
prime minister in addition to continuing his role as the monarch. Shortly after, a new Cabinet
was formed, in which Son Ngoc Than named Minister of Foreign affairs on behalf of the
Japanese military command, and later nominated as Prime Minister. After Japan surren-dered on
15 August 1945; Sihanouk’s formal acceptance of the French power on 23 October and declared
his loyalty to France. He offered opening negotiations with the French at Sai-gon. The king was
embodied in a modus vivendi signed in January 1946. Under this Franco-Cambodian had reached
agreement between the king and French to seek the return of prov-inces lost to Thailand during
the war. With the new signing, the Cambodian’s political con-text changes through the
framework of new government institute. Cambodia was launched
3Milton Osborne, 1994, Sihanouk Prince of light, Prince of Darkness; pp:28-41 4 Ibds: Milton Osborne, 1994 p: 81. See also Thompson and
Richard, 1953
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democracy by calling on the first election of Cambodia’s National Assembly in 1947. While the
tension roused dramatically to against French, Sihanouk thought France should transfer to the
Cambodian sovereignty and his government the powers it still retained. He was preparing to
leave for travail to take the case for Cambodia’s independence to wider international audi-ence.
The situation was unstable to French government and also confronted with difficulties elsewhere
in its colonial empire. Otherwise, the French has bore the sentimental with the king, did not want
to break, in the view of friendship for France and willingness even if inde-pendence were granted,
the remaining still within the French Union. The formal declaration of Cambodia’s independence
took place on 1953, 9 November, with the transfer of sover-eignty symbolized.4
The population of Cambodia was assessed to be 5,728,771 persons, according to the census of
April 17, 1962. It was the first population census of Cambodia. Of 5,728,771 persons of the
population of Cambodia, 5,512,997 are grouped into 1,071,101 private households (that is an
average of 5.3 persons) and the remaining 205,744 persons in a number of institutional
households.5The census of the population in 1960s will contribute to political economy analysis.
After France granted the country independence, Sihanouk has been named by the domestic
acclaimed as the “Father of Independence.” Sihanouk has become a very real sense of essential
strength, the apex of the popular pyramid in Cambodia. Sihanouk was convinced to revolutionize
the monarchy and like the people to conception of government which com-bined both
conservatism and social and economic reform. On March 2, 1955, Sihanouk abdi-cated in favour
of his father and becoming an active participant in the political arena, he im-mediately founded
the Sangkum Reastr Niyum (People Socialist Community) that can be created his chief
instrument and maintaining national unity. It was designed as a political party and as a common
meeting ground for all Cambodians who wished to vote for the mon-archy. The people
responded enthusiastically to Sihanouk’s new role as an active political leader and with their
support and unanimous popular support that he was enabled to block opposition to his ideas. In
that time, most of the political parties dissolved themselves and their member joined Sihanouk’s
party. Since then, Sihanouk has definitely dominated Cam-bodia’s political scene. The Sangkum
Reastr Niyum has won every election.
“It was also led him to exploit fully the institutions of direct democracy which he has created as a
part of his design to involve the people directly in politics. One such institution is the
5 George S. Siampos, 1970, The Population of Cambodia 1945-1980 6 Smith Roger, M. 1967, Prince Norodom Sihanouk of Cambodia
7 Kao Kim Hourn, 2002, Cambodia’s Foreign Policy and ASEAN p:19; See also David Chandler, 2000, A History of Cambodia p: 191
14
National Congress, a biannual forum at which the people are given the opportunity to discuss
current issues of domestic and international importance with Sihanouk and his advisors and to
voice their complaints against government officials and legislators6.”
Cambodia had received foreign assistance from the United States $25 million in 1955 for
military and economic assistance under French’s channel. Cambodia’s security concerned
according to serious threat from North Vietnam to its independence, so Cambodia needed to
have commitment defence from the United States. In 1960s Norodom Sihanouk was the key
architect of foreign policy that specialize in the policy of neutrality. “Sihanouk began for the first
forged a tactical alliance with elements of the Cambodian left as well as with Communist China.
These alignments had four shorten effects, the first was the drifting to the left of Cam-bodia’s
printing media and increasing tolerance for left-wing school teachers; The second effect was the
election to the Assembly in 1962 of several leftist educated politicians in France, such as Khieu
Samphan, Hou You and Hu Nim, into the National Assembly; Third effect was Sihanouk’s
decision to terminate U.S. economic and military assistance in; the fourth was for increasing
tolerance of the left wing, many of whom were able to survive the repression in the 1950s and
1960s7.”
“The Vietnam War which occurred soon broke out in South Vietnam between Vietnamese loyal
to the pro-U.S. and destabilized the Cambodian economy and drove Sihanouk from office. The
cold war tensions that were being played out in Vietnam, at such enormous hu-man cost, had
little relevance in Cambodia, but this did not stop Cambodia from becoming engulfed in the
conflict. By 1965, over two hundred thousand U.S. troops had swarmed into South Vietnam to
prop up the Saigon government and prevent a communist victory. In the
Meantime, North Vietnamese troops had moved into position in the south top reinforce lo-cally
recruited guerrillas. As the war intensified, it threatened to spill over into Cambodia, as it had
already spilled over into Laos. Sihanouk broke off diplomatic relations with the United States
and sought to convene an international conference that would lead to the neutralization of
Southeast Asia and the withdrawal of U.S. troops. By 1966, Sihanouk also allied himself secretly
with the North Vietnamese, a decision, probably impossible to avoid. He wanted to remain in
power and to keep Cambodians from being killed.8”
15
Cambodia’s radical economic has been impacted upon the more affected by the War in Viet-nam
and internal instability. The major implication key countries such as France, United States, China,
North Vietnam, South Vietnam, and Thailand contributed both positively and negatively to
development of Cambodia during that period, particular to Cambodian domestic politics, war,
peace and security, as well as the economy. “In related, Sihanouk nationalized the import-
exported sector of the economy and closed Cambodia’s privately owned banks. And the others
were parts of an effort to gain control over economy and cripple the Chinese and Sino-Khmer
business elite in Phnom Penh. The broke off with the U.S. made Sihanouk vulnerable to
pressures from the left and lowered military morale. The nationalization of for-eign trade soon
encouraged the commercial elite to trade clandestinely with Communist in-surgents in Vietnam,
and by 1967, over a quarter of Cambodia’s rice harvest was being smuggled to these forces, who
paid higher prices than the Cambodian government could af-ford. At the same time, the
government lost revenue from the export taxes it normally charged on rice. Foreign trade was
also hampered by the loss of entrepreneurial skills and government ineptitude. Because of losses
of revenue as a result of clandestine trading, mis-management of state-controlled industry, and
extravagant expenditures, Cambodia’s econ-omy in 1967-1968 was faltering. Agriculture
problems had never attracted Sihanouk’s sus-
tained attention. They included low yields, poor irrigation, and excessive interests charged on
loans to farmers and were being exacerbated by a rapidly increasing population and fluctua-tions
in world prices9.”
16
“The most important aspects of the Cambodian economy, after Cambodia had gained inde-
pendence in 1953, were rice and rubber. The Rice exports accounted for 60.3% of total com-
mercial exports valued at 2,416,225,000 riels ($59,637,709) in 1965 as opposed to 24.41% of
commercial exports valued at 2,205,156,000 riels ($40,093,745) for 1969. Rubber exports
fluctuated considerably during this period but did not reflect the same downward trend. From a
high value of 879,770,000 riels ($15,994,181) in 1966, earnings from rubber declined by
approximately 15% for the next two years but then raised to 1,034,139,000 riels ($18,802,527) in
1969-46.9% of total commercial export earnings10.”
“In the year of 1969 may prove to be a watershed year for Cambodia and for Sihanouk. Inter-nal
pressures on Sihanouk emanate from essentially three sources: a pattern of widening in-surgency
in the countryside, make more complex by the presence of 30,000-500,000 North Vietnamese
and NLF forces; urban disaffection and disagreement, especially among younger educated men;
and governmental and press criticism, open and implied and largely apparent in Phnom Penh.
Cambodia faced worsening economy (particularly the government’s program to control the rice
stocks); Cambodian plans to import 10,000 tons of rice from China. Siha-nouk has no way
attempted to deny the seriousness of the situation during that time and the government
announced a devaluation of the riel and a program of austerity. These develop-ments reflected
disappointments in Cambodia’s efforts to attract and develop industry, and it appears likely that
while tourism will continue to be emphasized as a foreign-currency earner,
agriculture will be given first priority; supplanting industrial development in Cambodia’s
planning.11” The inflation, North Vietnamese troops in Cambodia and the termination rela-
tionship between the United States and Cambodia was enraged some military officials. Prince
Sirik Matak (Sihanouk’s cousin) joined with General Lon Nol to plotting coup d’état the Prince
in March 1970 while Sihanouk was on an overseas trip. The newly formed regime the Khmer
Republic and U.S.-Pro returned. Lon Nol’s government ordered Vietnamese troops to leave
Cambodia within forty-eight hours because of Vietnam-U.S. war.
11 Bernard K. Gordon and Kathryn Young, 1970, Cambodia: Following the Leader?; http://www.jstor.org/stable/2642250
12 Peter A. Poole, 1972, Cambodia: The Cost of Survival; http://www.jstor.org/stable/2643076
17
3.2 Lon Nol’s Hegemony in early 1970s
After Lon Nol and Sirik Matak seized control in Cambodia, their government ordered Viet-
namese troops to leave Cambodia within forty-eight hours due to Vietnam-U.S. War. The
confrontation with Vietnamese Communist, it may provoke them to put all their efforts to seize
control Cambodia. The danger was alarming that the Viet Cong (National Liberation Front) and
the Army of the Republic of Vietnam (ARVN) were using the war situation to dig themselves
permanently in eastern Cambodia. That regime can be described Cambodia as the purest example
of the President of the U.S., Nixon doctrine. “In December 1971, the U.S. Congress decided to
place a ceiling of $341 million on the amount of money that can be obligated for U.S. military
and economic aid during fiscal year 1972. Congress also decided that the U.S. government can
assign no more than 200 American officials and 85 (third country nationals) to Cambodia.12”
Norodom Sihanouk who learned of the coup was exiled to Beijing, China. Mao Zedong al-ways
encouraged him, and motivated him to speak out to Chinese publicly. These created a great
sentimental value between Chinese and Sihanouk. They supported him as a wonderful
house including office in Beijing. The office in Beijing based called Khmer Royal Govern-ment
of National Union (GRUNK) that has own insurgent army. Chinese government wanted him to
struggle and fight back with Lon Nol. The Prince himself appealed to all Cambodian people to
run into jungle for restoring his power. He was later joined the Communist Party of Kampuchea
(CPK), which was given later the name Khmer Rouge by Sihanouk as their leader. CPK is a
political party founded that supported by the Vietnam communist which never win election since
the first election held in 1958. This party was led by Saloth Sar (Pol Pot), Son Seun, Khieu
Samphan, and Ieng Sary. Cambodia situation returned to chaotic as internal power started to
struggle and riots with civil war Khmer Rouge guerrilla and external Vietnam War.
“Communist and American sources in Phnom Penh reportedly agreed, in late 1971, that there
were about 12,000 Sihanoukist guerrillas under arms in Cambodia, along with about 3,000
Khmer rouges (who opposed the Phnom Penh government). In trying to summarize the mili-tary
situation in Cambodia, one begins with the fact that even the exact size of the Cambo-dian army
is uncertain. The official strength of the army is about 200,000 men, but up to 300,000 of these
are phantom soldiers whose names pad the payrolls, according to Americans concerned with the
aid program.13”
18
“Compounding this problem was the corruption of the military establishment, which habitu-ally
exaggerated the number of men under arms in order to extract more financial aid than was
necessary from the United States. A State Department spokesmen confirmed that monthly
payrolls for the Cambodian armed forces had covered the salaries of 300,000 men in some
instances even thought the actual total was approximately 200,000. With the result of intense
American pressure and reminders of the possibility of withdrawal of American eco-
nomic and military aid averaging $70 to $75 million and $170 to $175 million a year respec-
tively. The authority of the high political council was basically limited to economic and so-cial
problems, exacerbated greatly during the offensive. The government had to raise the price of rice,
the standard economic bellwether, from between 2500 and 3000 riel per 100-kilogram sack to
approximately 5800 riel per sack.14”
14 Donald Kirk, 1974, Cambodia 1973: Year of the 'Bomb Halt'; http://www.jstor.org/stable/2642841 15 Milton Osborne, 1994, Sihanouk Prince of
light, Prince of Darkness; p: 217
16 Kate Frieson, 1988, The Political Nature of Democratic Kampuchea; http://www.jstor.org/stable/2760458
“1970s was the decade that Sihanouk’s fall from power was arguably the most tragic in Cam-
bodia’s long history. What had been bloody but episodic encounters between the army and
leftist-led rebels were now transformed into full-scale war as Lon Nol’s forces battled both
indigenous Cambodian Communist and their Vietnamese allies. Adding to the loss of life and
destruction wreaked by the war was devastating campaign of strategic bombing carried out by
American B52s until it was halted by Congress in August 1973.15”
The Cambodian Communists, the Khmer Rouge, finally gained their victorious that defeated Lon
Nol’s government in April 17, 1975. The Khmer Rouge had seized Phnom Penh city and made
the transition regime to Democratic Kampuchea. Several Khmer Rouge elements were known to
be originated by the Khmer Vietminh (Vietnamese nationalist movement organized by the
Communist Party of Vietnam to fight against the French colonial). “The Democratic
Kampuchean regime (1975-79) has been labelled Marxist-Leninist, Maoist, peasant-populist,
national chauvinist and even fascist by various observers of Cambodia. The variety of politi-cal
labels suggests not only a semantic debate, but also the existence of genuine confusion about the
political nature of Democratic Kampuchea (DK).16”
Overview of the Political Economy of Cambodia in 1960s-1990s 16
“The young men who appeared from in the central of Phnom Penh soon after first light did all
the things that victorious rebel are supposed to do. They drove about in jeeps flying a stranger
flag, a white cross on a blue and red filed, acknowledging the cheers of the crowds as they
passed. They seized control of key installations including the Information Ministry and the radio
station, and fraternised with government troops, who threw away their weapons and waved white
flags in surrender.17”
17 Philip Short, 2004, The History of a Nightmare; p: 266
18 Kate Frieson, 1988, The Political Nature of Democratic Kampuchea; http://www.jstor.org/stable/2760458
19
CPK called its central leading committee the Angkar. The Angkar came to embody the su-preme
power of the state and became known for imposing a ruthless dictatorship. During this time the
Cambodian people were victims of tyranny and barbarism. Massacres were perpe-trated both by
communist politicians, as self-proclaimed state leaders, and by officials in the service of the
revolutionary administration. “CPK ruled Cambodia; it never proclaimed pub-licly that its
ultimate goal was a Communist state. Khieu Samphan, chairman of the CPK’s State Presidium,
told Sihanouk that Cambodia would be the very first state achieves a type of instant communism
in which the necessary historical stages were, in some miraculous way, leaped over in the
Cambodian context.”18 The first policy was evacuating of the Phnom Penh's residents that made
this city became a ghost city where strolled some group of Khmer Rouge soldiers. They started
shooting their guns and by pointing at people, ordered them to leave their homes and to move
away from the city. About 2 million people were evacuated to countryside to undertake
agriculture.
Khmer Rouge soldiers were being on fatigue duty had changed public gardens into kitchen ones
or they had demolished the building of the central bank with powerful dynamite. Safes were
lying down amid ruins, bank notes scattered among refuses. The national library be-
came the fossilized estate where flew the birds. There were no currency, no public transport, and
no school. The market as well as commercial activities determined as exploitation factors were
strictly banned. Telecommunication means (television, telephone) were not used. The radio
whose daily broadcast had been made under the name of the voice of Democratic Kam-puchea.
Programmed broadcastings bombarded the population with revolutionary communi-cation and
songs. Cambodia lived on the fringe of terrestrial civilization, a country in peace. No political
adversary, no guerrilla existed. The Khmer Rouge, builder of the Cambodian State, plunged their
country in the gloomy space of tears and blood. In contrast to 1975 vic-tory, DK began military
attacks Vietnam almost immediately, when most of Cambodian- Vietnamese residents were
expelled from the country. “Pol Pot’s aim was to plunge the coun-try into an inferno of
revolutionary change where, certainly, old ideas and those who refused to abandon them would
perish in the flames, but from which Cambodia itself would emerge, strengthened and purified,
as a paragon of communist virtue. The goal was not to destroy but to transmute. The evacuation,
Pol Pot wrote later, was an extraordinary measure...that one does not find in the revolution of any
other country. When the full leadership met at the Sil-ver Pagoda soon afterwards to discuss the
new guidelines, they decided to give absolute pri-ority to raising farm production. ‘Agriculture is
the key both to nation- building and to na-tional defence,’ Pol Pot declared.19” “There was a
minuscule space for the exercise of free will. In Khmer Rouge Cambodia, there was none –
which marks a qualitative difference that only those who have experienced it can comprehend.
Not only were there no wages, there were markets. With time, as the system grew more rigid,
even barter was discouraged. Like true slaves, the inhabitants of Pol Pot’s Cambodia were
deprived of all control over their own destinies – unable to decide what to eat, when to sleep,
where to live or even whom to marry.20”
20
The well known of the “former deputy premier of DK, Ieng Sary proclaimed in 1977 that what
we are trying to bring about has never occurred before. We are not following any model, either
Chinese or Vietnamese...the Cambodian situation does not fit any existing model and thus
requires original policy.21”
Those CPK’d leaders were believed that without socialist system, Cambodian could never be
able to defend the country and the Khmer race would disappear. This socialist revolution has set
up a strong base for Khmer nation. Cambodia nation – state, capable of creating militant and
mobilized peasantry to guard against foreign domination, capable of approximating the
agricultural feats achieved furring the Angkorean period and finally capable of restoring na-
tional grandeur to Cambodia. “Those Khmer Rouge leaders, responsible for the deaths of over
1.7 million of their fellow Cambodians have enjoyed freedom absent domestic and in-ternational
accountability for their actions. During this period, a combination of domestic instability and
international apathy rendered the country paralyzed by the memory of a once-promising
government that turned into a killing machine.22”
“January 1978 while the Vietnamese attempted for the first time to intervene militarily in
Cambodia in order to overthrow the Khmer Rouge, the Vietnamese leader declared that they
were ready to meet the Kampuchean leaders and settle the border problem between the two
countries. The Khmers, however, declared that no discussion could take place until the com-plete
evacuation of Cambodian territory by the Vietnamese. Khmer-Vietnamese relations took by
United Front of National Safety of Kampuchea was set up along the borders by Khmer Rouge
fugitives at the end of 1978 and the Vietnamese Army intervened massively and finally
successfully in Cambodia. Hanoi then declared: The Vietnamese people were only exercising
their legitimate rights of self-defence, in their forceful opposition to all the acts of aggression, in
order to protect their independence, their sovereignty, their territorial integrity, and to maintain
the friendship that has existed for a long time between the Kampuchean and the Vietnamese
peoples. This border treaty was finally signed in 1983 by Hun Sen and Nguyen Co Thach. This
21
agreement stressed each country's territorial integrity and sover-eignty. It banned the moving of
frontier markers and prohibited border residents of either
country from crossing that border in order to take up residence, farm, collect forest products,
hunt, and fish or pasture animals. Besides this state of affairs concerning the border, which
cannot be of great satisfaction to the government in Phnom Penh, there is the larger problem of
the settlement in Cambodia of Vietnamese civilians (not to be confused with the 150,000-
200,000 Vietnamese troops). In July 1983 Sihanouk spoke of hundreds of thousands of Viet-
namese who threaten to turn Cambodia into another South Vietnam. According to the Khmer
People's National Liberation Front and the Khmer Rouge, there are some 600,000-700,000 in the
country in contrast to an estimated Cambodian population of less than 6 million. An ac-cord,
whose contents have not been made public, was signed in 1984 and stated that Cambo-dia
authorizes Vietnamese to reside in Cambodia as long as they agree to live and work there
honestly.24”
“The Heng Samrin regime or People's Republic of Kampuchea (PRK) was taking shape. Guided
by Vietnamese military and civilian advisors, the regime established itself along typi-cal
communist lines. Although the first pronouncements from Phnom Penh described only the state
apparatus – the Kampuchean People’s Revolutionary Council (KPRC) – power in the PRK. Hen
Samrin, the former Khmer Rouge commander whom the Vietnamese selected to be president and
head of state, was virtually unknown to Cambodians. Uneducated and yet rigidly Marxist in
outlook, Heng Samrin was politically and ideologically reliable. His back-ground as a former
Khmer Rouge cadre also allowed Hanoi to present the new regime as be-ing led by forces inside
the country, as opposed to Hanoi-trained communists. Later, it be-came apparent that he was
dependent on Vietnamese support and that he lacked the political skills necessary to develop a
personal power base.25 ”
22
point about the Khmer Rouge or the DK political element and its future in the Cambodian
political process. Over the past several years there has been considerable oversimplification if
not mindlessness about what is and is not represented here. Commonly, the problem is reduced
to a kind of sloganizing about the return of the Khmer Rouge. Conjured up is the vision of Pol
Pot and company still intact and unchanged in a jungle awaiting a signal to return to Phnom Penh
and resume their holocaust. Whoever it is and whatever it was, the DK today is not the Khmer
Rouge of 1975-79. About 70% of the present cadre structure in Phnom Penh is ex Khmer Rouge,
which includes Hun Sen and many other leaders. Therefore, to the question where are the
original Khmer Rouge comes the answer: they are in Phnom Penh running the SOC. The average
age of the Khmer
Rouge follower is 22 years, meaning the average follower of today was nine years old when the
DK was sowing the killing fields. This is not to say the present day DK represents no threat and
would not be bloody-handed, given the chance. But so would other Khmer, given the opportunity,
including those seeking to settle scores with the Khmer Rouge. Government is what prevents
this.26”
26 Douglas Pike, 1989, The Cambodian Peace Process: Summer of 1989; http://www.jstor.org/stable/2644830
“Cambodia, which was headed step by step in the direction of socialism, had three types of
collectives: Type one, solidarity groups, in which peasants worked the land communally; Type
two, solidarity groups, in which land was distributed to individual families, who coor-dinated the
harvesting and sale of rice to the state; and Type three, solidarity groups, which were really just
private farms. Toward the end of 1987, after several years of poor harvests, central officials
began discussing agricultural policies in terms of ‘rights’ that is the right of Cambodian peasants
to work the land as they saw fit. Autonomous decision making within the context of collectives,
Agriculture Minister Say Chhun reckoned, would create the incen-tives that would boost rice
yields. The solidarity groups themselves were not the problem, he had decided. Interference by
incompetent and corrupt local officials was. The solidarity group policy truly has qualities that
are extremely appropriate for the situation in Cambodia. But so far we have imposed overly rigid
limitations on our solidarity groups, so they don’t function. This has a bad effect on production.
As for the land policy, we have said that the land is the property of the state but we have given
the solidarity groups and families the work of conducting business. So the solidarity groups and
families have rights as masters of the land, whereas the owner is the state. But so far some of our
local state authorities don’t un-derstand this clearly and turn around and take these ownership
rights and manage and distrib-
ute land inappropriately. This is why people are very disappointed (Minutes, Cabinet, Coun-cil
of Ministers dec. 3, 1987).27”
23
“Vietnamese Communist Party had begun reforming its land policies, did the Cambodian
leadership really begin to consider reform. They agreed of misunderstood the distinction be-
tween ownership and rights, and rush into collectivization too quickly. In February 1989 the
Party acknowledged the change in policy, amending the constitution to read, citizens have full
rights to hold and use land and have the right to inheritance of land that the state has granted
them to live on and to conduct business on. Hun Sen, who was not about relies on the Party
leadership to push reform, urged his ministers to act on their own. Hun Sen convened long
meetings at the Council of Ministers at which he urged his ministers to accept reform. On
September 14 he argued for a single price system as the only way for state industries to compete
and to develop their own relations with the private sector. In fact, Cambodia’s econ-omy has
evolved into a market economy. There should be a way to change state intervention [in the
economy], which is [currently] excessive. There isn’t a single country that has suc-ceeded at a
planned economy. Many socialist countries are collapsing because the big help the small. This
situation leads to negligence. Now we are imposing competition.28”
The signing of the Paris Peace Agreements in October 1991 launched Cambodia on a process of
democratic reconstruction and transition to a market economy after almost thirty years of conflict
and civil war. The first parliamentary election was running under the presence of United Nations
Transitional Authority in Cambodia (UNTAC) presence took place in May 1993, facilitated the
foundation of a constitutional monarchy with King Sihanouk as head of
state, and led to the appointment of a power sharing government comprising of three parties.
Two co-prime ministers were appointed, Prince Ranariddh of the royalist, Front Uni National
pour un Cambodge Indépendant, Neutre, Pacifique, et Coopératif (FUNCINPEC) party and Hun
Sen of the Cambodian People’s Party (CPP). In this connection, democracy had launched two
times, within 1947 under Franco-Cambodian committees in Sihanouk’s era and in 1993 under
Paris Peace, it may about to enter the final phase of democracy in Cambodia. However, after
1993 election, the first of government coalition to be formed and started a program for
rehabilitation and development which has potential demands for higher levels of education and
training to strengthen the nation's human resource development base. The edu-cation system
became more driven and controlled by market forces than selection criteria and patterns. As the
people realized that an effective entry into the market economy required higher levels of
education, increasing pressure was put on the education system to absorb more students.
“The country is still in transition from a centrally planned system for education and training to a
market driven system where employment will generally be in the private system or through self-
employment. Still, links between education and training institutions and em-ployment are weak.
The existence of a growing private education and training sector, the potential for greater
involvement in education and training by employers and the lack of re-sources of the Royal
Government lead to a conclusion that various methods of sharing re-sponsibilities and costs
between the Royal Government and private sector needs to be estab-lished. Much is expected of
the higher education and technical education systems in linking education to employment and
broad based human resource development. This expectation is based on a lean transition period.
The agriculture, health, education and training sectors proved to be the most attractive and active
for international programs. Indeed, by 1994, some
24
50 international organizations were financing and staffing education programs throughout
Cambodia. Ironically, teacher training, the best resourced and funded post secondary training by
the State of Cambodia, received the bulk of international attention. The governments of Australia,
France, Norway and the United Kingdom were amongst the most active financiers of education
programs. Non-governmental organizations funded by these nations, provided a wide variety of
teacher in service training programs primarily within the areas of early child-hood and primary
education. However, the heavily funded programs were provided by uni-versities and private
consultancy firms. These programs focused on foreign language training and in particular, the
training of foreign language teacher.29” “Since 1992 the EC has invested more than euro 250
million in such priority sectors as aid to refugees, rural development, primary education, health,
institutional support, environment, mine clearance, human rights and development of democracy,
emergency humanitarian assis-tance and support for strengthening the rule of law. After the
events in 1997 the Community had little option but to focus its strategy on gradually
consolidating existing programmes, which were both social and humanitarian [primary education,
health and mine clearance] or address such issues as the needs of the poorest communities [rural
development].” (The EC Cambodia strategy paper, 2000-03)
29 Stephen J. Duggan, 1996, Education, Teacher Training and Prospects for Economic Recovery in Cambodia;
problems which cast serious doubts about future prospects. Indeed, precisely because these
problems remained unresolved, and in particular because the donors assume that aid alone can
save Cambodia, the country could, once again, slide back into chaos and civil war. Be-fore
sustainable development can take hold in Cambodia, its history, culture and political legacies
need to be analyzed realistically, and the lessons of the past must be effectively in-corporated
into its development strategy. This paper is a small contribution towards that end. The paper is
organized in five parts. After this introduction, part two briefly highlights the principal targets
and priorities of the FSEDP 1996-2000. Part three is a brief historical survey to provide the bare
bones context for the genocide of 1975-79, dealing with its external and internal causes. The
fourth part presents an analysis of Cambodia's present coalition politics, which contain the same
seeds of disunity that led to the civil war in the early 1970s and the tragedy of Pol Pot. The final
part concludes with a brief review of challenges and future prospects.30”
The process became to halt in July 1997 when First Prime Minister Prince Ranariddh was ousted
after armed clashes between the two main parties of the government coalition. The two prime
ministers did not get along but promised to work together. Their political relations had begun to
sour during when First Prime Minister Ranariddh was threatened to leave the coalition unless the
CPP was willing to ensure a more equitable share of power. “For a time, both sides restrained
25
themselves from using threats or violence and agreed to try to maintain the coalition, but the
armed clashes between the two parties erupted. One of few things that two prime ministers could
agree on was the granting of amnesty of Khmer Rouge defectors led by former Khmer Rouge
Deputy Prime Minister Ieng Sary. Tensions between two top political leaders spilled into 1997,
and it became clear that the prime ministers were no longer
30Ozay Mehmet, 1997, Development in a Wartorn Society: What Next in Cambodia? http://www.jstor.org/stable/3993211 31 The NUF was
composed of at least four parties: the Khmer Neutral Party (KNP), the Buddhist Liberal Democratic Party (BLDP) led by Son Sann, the officially
unrecognized Khmer Nation Party (KNP) led by Sam Rainsy, and the Funcipec, all of whom agreed to struggle against the CPP in the next
elections.
prepared to share power. In the next elections, due in 1998, only one prime minister is to be
elected, and feeling threatened by the politically and militarily mightier CPP, Prince Ranariddh
moved to build a new political front. Known as the National United Front (NUF)31, its 14 points
agenda called for: (1) defending the nation, religion, and monarchy; (2) holding free and fair
elections; (3) supporting the idea of one prime minister in the next elec-tions; (4) strengthening
the legislative system and a neutral administrations; (5) defending human rights and fighting
against dictatorship; (6) improving international cooperation but defending national sovereignty
and territorial integrity; (7) resolving immigration problems; (8) promoting the people’s standard
of living; (9) developing human resources; (10) eliminat-ing corruption; (11) fighting against
drugs; (12) resolving lost public properties; (13) defend-ing Khmer culture; and (14) defending
environment. Hun Sen immediately responded by taking steps to build his own political alliance.
By August, the alliance reportedly comprised 12 political parties.32”
The events of 1997 had important economic repercussions, causing GDP growth to fall from
7.4% to 2%, a decline in per capita income, a dramatic drop in tourism and foreign invest-ments
and a significant drop in external aid. As Cambodia depends on the international com-munity for
almost 60% of its budget, the situation seriously undermined and the level of soci-ety is
rehabilitated. According to the Cambodia Socio-Economic Survey (CSES 1999) largely
confirmed that the poverty headcount index in 1999 was an estimated 36 per cent (Poverty
Profiles, 1999). The data for measuring poverty were collected through living conditions of
Cambodians since 1993, and it appears largely unchanged from 1997. Poverty rates are high-est
in rural areas where roughly 90.5 per cent of the poor live. The remainder of the poor is
Overview of the Political Economy of Cambodia in 1960s-1990s 28
32 Sorpong Peou, 1998, Cambodia in 1997: Back to Square One? http://www.jstor.org/stable/2645469 33 Ibds
located in other urban areas (7.2 per cent) and the capital Phnom Penh (2.3 per cent). (The EC
Cambodia strategy paper)
“Economic growth was negligible in 1997. The government’s early target was a growth rate of
around 7.5%; before the coup, the official forecast was down to 6.6%; and by October the
Finance Ministry admitted that growth was negative in the second half of 1997 and would be flat
for the whole year. There were several contributing factors. Cambodia’s agricultural sec-tor once
again fell into heavy flooding. In the 1996 flood, reportedly the most severe in sev-eral years,
more than 20 people died, some 1.3 million were displaced, and hundreds of thou-sands of
hectares of paddy and other crops were flooded, or destroyed. In late 1996 and early 1997, a
series of strikes by garment workers may also have affected the fast-growing indus-try’s output
and exports. The coup hit the economy harder than anything else. Before July the annual
inflation rate had been kept at a healthy level of about 7%; in September it was said to have
26
increased to 18%. The two days of fighting and looting after the coup caused at least $50 million
in damage. With more than 7,000 foreigners fleeting the country and the number of foreign
visitors dropping dramatically, tourism suffered a huge loss. Somewhere between 20,000 and
40,000 service workers were said to have lost their jobs. The ongoing conflict also drained public
resources as Phnom Penh spent more on defence and security. Some do-nors moved to reduce
their aid that directly supported the state budget. The International Monetary Fund (IMF), for
instance, suspended its aid programs to Cambodia. It should be stressed, however, that the
Cambodian economy did not completely collapse because major donor, initially maintained their
humanitarian assistance such as Japan, United States, France and Australia.33”
Hun Sen demanded that the prince their mutual hostilities throughout most of the year. Hun Sen
demanded that the price, stand trial for the importation of illegal weapons and having conducted
secret negotiations with the Khmer Rouge. However, the King Norodom Sihanouk pardoned the
prince, thus paving the way for the latter’s return to Cambodia, where he took active part in the
July election of 1998. The second election held in July after the first since UN organized election
of May 1993, comprise three parties as CPP was the winner with 64 seats, came in second place
FUNCIPEC with 43 seats and Sam Rainsy sealing third with 15 seats. A new coalition
government between CPP and FUNCINPEC late November 1998, based on a common political
programme. Cambodia ranks 140 out of the 174 countries on the United Nations Development
Program (UNDP) Human Development Index. The government did little to spur growth. Its
military budget for the year remained enormous. Despite a 5% reduction from 1997’s level,
military expenditures still represented a full 45% of total spending (roughly US$397 million).
Mean-while, the environmental damage caused by deforestation continued to affect agricultural
production. The survey revealed that low consumer confidence afflicted by high inflation rates,
and depreciation of the Cambodian currency.
27
Chapter IV: Comparative analysis of political economy development in Cambodia
Table 2: List of Political Economy Comparative Analysis by Regimes
28
1960s: Sihanouk’s legacy in 1960s
Sangkum - Sihanouk’s role in political - Regime type of royalist;
Reastr arena and radical eco-nomic. - Conservatism, socialism,
Niyum - Sihanouk was the key factionalism and economic reform;
architect of foreign policy. - Maintaining national unity
- Direct democracy policy in policy;
Cambodia. - Direct democracy involve the
- Vietnam War had people directly in politics;
influenced and destabilizes Cam- - Foreign aid that specialize in the
bodia economy. policy of neutrality; Economic growth
- Sihanouk allied himself de-pends on foreign policy.
secretly with the North Vietnamese - Alliance with elements of the
in order to remain in power and to Cambo-dian left and China;
keep Cambodians from being killed. - Vietnamese War effected;
- Student movements in - Import-export sector has been
1969. closed;
- Economic down and - Unemployment rate growth;
inflation in 1969. - Agriculture problem with rice
- Government announced a harvest being smuggling and included
devaluation of the riel and a low yields, poor irrigation, and excessive
program of austerity in 1969. interests charged on loans to farmers.
29
1970-1975: Lon Nol’s Hegemony in early 1970s
Khmer Republic - The transition regime to - Regime type
Khmer Republic under coup d’état in republicanism
1970. - Lon Nol and Sirik Matak
- Economic assistance from seized control in Cambodia;
the U.S. - Vietnamese troops to
- The warfare between leave Cambodia within forty-eight
government and Khmer Rouge hours
guerrilla. - Pro-US back;
- Corruption in military - U.S. military and
establishment. economic aid during fiscal year
- Sihanouk exiled in Beijing 1972;
and he joined CPK which later name - ARVN were using the war
Khmer Rouge guerrilla; to dig themselves permanently in
eastern Cambodia;
- Civil War effected by
Khmer Rouge guerrilla;
- Chaotic situation;
- Factionalism.
30
1980-1985: People The Alliance of Communists
Republic of Countries in early 1980s - Regime type People
Kampuchea - The transition regime to Republic of Kam-puchea;
People Republic of Kam-puchea in - Communism;
1980. - Settle border problem
- The border treaty was Vietnam and Cambodia;
finally signed in 1983 by Hun Sen - Political and economic
and Nguyen Co Thach policy under Vietnamese
- Rehabilitation under government guide and sup-port;
assistance of communist coun- - Agriculture is the main
tries. factor for our economic growth by
- Vietnamese troops nationwide effort;
removed from Cambodia.
- Peace process in
Cambodia.
31
1990s to The Share of Powers
present: The - The transition regime to Kingdom of - Regime type
Kingdom of Cambodia in 1991. Kingdom of Cambodia
Cambodia - The returning of the King and Paris - The king return in
Peace agree-ment under UN. 1990;
- The second wave of democracy under - Authoritarianism;
national election in 1993 with the present of - Democratic
UNTAC. reconstruction and transi-
- Arms clash between political parties tion to a market economy;
CPP and FUNCINPEC in 1997. - The controversial
- Strengthening economic development of political party be-tween
through socio-economic, education and FUNCINPEC in 1997;
alleviation of pov-erty. - The first
- Potential demands for higher levels of parliamentarian election in
education and training to strengthen the nation's 1993;
human re-source development base. - Two Prime
- Refugees, rural development, primary Minister: the first is Ran-
education, health, institutional support, naridh and second is Hun
environment, mine clearance, human rights and Sen;
development of de-mocracy, emergency - Basic institutions
humanitarian assistance and support for were set up and vari-ous
strengthening the rule of law were aided by laws ranging;
International NGOs. - Human resources
development;
- Privatization,
Market forces;
- Local NGOs
founded in 1991, and In-
ternational NGOs has
dramatically funded.
- Socio-economic
Development Plan;
- Poverty rates are
high;
- GDP down in
1997 and growth well
afterward;
- Unemployment
rate per capita income;
- Infant mortality
rate high; poor health
system;
- The first
Opposition Political Party
founded in 1994, headed
by Sam Rainsy;
32
- Natural disaster,
- Factionalism;
- Corruption;
33
Table 2 has shown the really different between decades of Cambodia through conflict, civil war
and economic, political and social instability. Bearing in mind the decades of destructive
exacerbate poverty and perpetuated economic inequities. These conflicts resulted in destruc-tion
of infrastructure, human capital, and institutions, as well as a large proportion of Cam-bodian
being displaced, maimed, orphaned, or widowed. Not surprisingly, these conditions created deep
poverty, and the aftermath has been accompanied by widespread economic and social inequities.
In the table section of Post Colonial review in 1950s presents the evolution of economic in
Cambodia under French protectoration that enforced law and rule to Cambodian people by
administrating all provincials, particularly dominant political and financial scale. These con-
ditions created deep of social unrest which dedicate inequality and injustice, demands for
independence, risk of labour unrest, territory conflict, factionalism, and financial risk of un-rest.
However, the major trade of Cambodia was on export of rice and rubber. In the 1960s, Cambodia
still in form of royalist regime since independent was granted to Cambodia in 1953. Cambodia’s
political economy has begun reconstruction within framework of conser-vatism, socialism,
factionalism. Sihanouk owned the Sangkum Reastr Niyum party that very well played well
political scene and its popularity has grown steadily by maintaining national unity policy; direct
democracy involves the people directly in politics; foreign aid that spe-cializes in the policy of
neutrality as Sihanouk was the key of foreign policy; and economic growth depends on foreign
policy. Unfortunately, Vietnamese War has significantly threat-ened to Cambodia economic that
was forcibly Sihanouk decided alliance with elements of the Cambodian left and China. Import-
export sector has been closed, unemployment rate growth up and agriculture problem with rice
harvest being smuggling and included low yields, poor irrigation, and excessive interests charged
on loans to farmers. A few stylized facts from the
data show that Cambodia’s initial conditions with respect life expectancy and GDP per capita in
the 1970s were among the weakest and have been very slow to improve. Physical and hu-man
capital formation has been negatively affecting growth. Results in 1970s divided into two
sections are the Khmer Republic (1970-1975) and Democratic Kampuchea (1975-80). An
estimate using five-year average from each regime indicates that regime was formed was
republicanism leading by Lon Nol, pro-US back by against the presence of Vietnamese troops,
U.S. military and economic aid during fiscal year 1972. However, ARVN were using the war to
dig themselves permanently in eastern Cambodia and civil War affected by Khmer Rouge
guerrilla formed by Sihanouk and communist party. “Higher real per capita growth is associated
with lower initial income levels, better macroeconomic performance, faster human and physical
capital accumulation, smaller government, and stronger institutions and govern-ance. These
results imply that higher long-term growth in Cambodia could be achieved by better education,
more rapid physical capital information, and improved governance. This is a formidable policy
challenge in an economy suffering from weak public administration and lacking financial
resources.34” Decade afterward in 1980s another two regimes were formed People Republic of
Kampuchea (1980-85) comprise by settle border problem Vietnam and Cambodia, communism,
political and economic policy under Vietnamese government guide and support, agriculture is
the main factor for economic growth by nationwide effort. The State of Cambodia (1985-1990)
was set a new changing policy as no longer a Marxist-Leninist, Maoist, People's Republic,
Socialism, reform land policy and economic reform pol-icy with assistance of communist
countries. Rebuilding institutional and physical infrastruc-ture was particularly difficult since
most of the educated population had either been killed or fled the country during Khmer Rouge
34
period. Civil conflict and the withdrawal of external assistance stalled progress on market-
oriented reforms introduced in the mid-1980s. Even the
coalition government formed and two prime minister in the name of share power following
UNTAC which UN sponsored election in 1993 could not fully solve internal tensions, which
erupted into a violent conflict in 1997. However in 1990s, democratic has been reconstructed and
transition to a market economy, basic institutions were set up and various laws ranging from
commercial contracts. The Financial Institutions Law provided the legal basis for suc-cessful
bank relicensing. A building up in the administrative capacity, privatization and mar-ket forces,
substantial foreign assistant through International community aid and founded local NGOs to
streamline and progressive projects by human resources development, and socio-economic
development plan. Otherwise, Cambodia still confronted with many prob-lems as various
observers have categorized Cambodia in authoritarianism by individual power and everything
based on one person, GDP down in 1997, unemployment rate per cap-ita income, infant
mortality rate high with poor health system, natural disaster, corruption, factionalism.
Cambodia’s reconstruction and reform efforts have spanned almost three decades. Beginning
after the 1975 – 79 Khmer Rouge period, early efforts were beset by ongoing internal tension
civil unrest that persisted until 1998. Within three decades 1960s – 1990s, Cambodia has ex-
perienced adverse effects from heightened risk of social unrest come through with political
instability and civil war. According to assessment through six regimes transition in Cambo-dia,
the only regime more endangered is Democratic Kampuchea or it’s been well known as
Communist guerrilla Khmer Rouge regime in between 1975 – 1985; this regime led Cambo-dian
people begun to experiences of tyranny and barbarism. From the various scholars ob-served that
the Democratic Kampuchean regime has been labelled Marxist-Leninist, Maoist, peasant-
populist, national chauvinist and even fascist. After Khmer Rouge captured Phnom Penh in April
17, 1975 about 2 million people were evacuated from the city to undertake ag-riculture. The goal
was not to destroy but to transmute as one of the prominent Khmer Rouge leaders Ieng Sary
proclaimed in 1977 that what we are trying to bring about has never oc-curred before. The city
had no longer existed anymore, not even the provincial centre. The town centres had been in
rural area where peasant farmers worked to death on serving the Khmer Rouge or Angkar. The
whole population was founding a force for growing the agri-cultural production.
“Maoism, there are grounds for comparing the agriculture policies of Mao’s China and Khmer
Rouge’s Cambodia. It may be significant that the Pol Pot group called its agriculture policy the
Super Great Leap Forward, a clear linguistic borrowing from Mao’s Great Leap Forward
campaign of 1958 to 1960. It is doubtless significant that Pol Pot spent some years in China
while Mao was still the self-proclaimed leader of third-world revolutionary move-ments.
Although it is still not clear what transpired during Pol Pot’s time in China, the ideo-
logical influence of Mao and the Gang of Four (Saloth Sar or Pol Pot, Son Seun, Khieu Sam-
phan, and Ieng Sary) became manifest in Cambodia after 1975.” (Kate Frieson, 1988) The policy
of pernicious culture, the xenophobia or more precisely racism against Vietnam-ese was firmly
35
inculcated in the Khmer Rouge mind. Their anti-Vietnamese attitude had as starting point the
thirst of revenge to the Vietnamese invasion over Cambodian territories. Along with the Khmer
state at that time, broke off diplomatic relations with Vietnam and declared in 1978 that the
number one enemy is Vietnam. Chauvinist refers to an identity with and loyalty to nation which
villagers frequently used the phrases “We Khmer” to speak of Cambodia as a territorial nation
and Cambodians as an ethnic group.
If one understands that the State is grounded on its sublime power, protected and organized, if
furthermore, it guarantees against external and internal perils, its own security, it will dis-pose to
that effect. Then the Khmer Rouge will have in their State a sacred power enabling them to quell
all opponents who would be susceptible to brew a plot against them. Otherwise, far from
assuring security and general interest of the people, the Khmer Rouge only guaran-tees their own
safety, their own security and their existence by using means of absolute power. The entire
matters of Khmer Rouge State is arousing particular interests of a group of communists who set
themselves at all cost to secure a lasting power by tearful of insurgents, pro-democratic revolts,
systematically organize painful ragging against people. The Khmer Rouge leaders are the true
masters – creators of Cambodian holocaust. The Cambodian economy was facing problems after
a robust start, likewise, the economic situation in DK regime believes in their own system and
every exports, trade, tourist, foreign investments were becoming weakened that Cambodia would
experience the strongest decline in GDP growth out of any country within the East Asian and
Pacific bloc. However, Cambodian peo-ple had confronted colonial with French was coming by
spreading out the power come
through with Indochina; they had proclaimed Cambodia to be defended under French protec-
torate treaty with King Norodom since 1863. The French government dominated both politi-cal
and financial scale. Under pressure from French government, social movement has be-come
fundamentally demand for independent. The movement had risked Cambodian people’s life due
to French’s hegemony while political, finance and economic clout was within the hand of French
representatives. However, the French prestige was become weakness by 1941 world war two,
with two reasonable according to Nazi Germany and the menace of Japan increased in Indochina
under Vichy treaty with Germany. Therefore, the political posture was changed, however, French
representatives still in Cambodia with common political fraction. Japanese colonial was settled
down after Japan finally surrendered to the United States in 1945. French retuned with new
infrastructure that Cambodia’s autonomy within French Un-ion under Franco-Cambodian
committees according to modus vivendi signed in January 1946. The new system has brought
Cambodian’s political context changes through the framework of new government institute,
election law and constitutional were devised by joint Franco-Cambodian committee. I have
presumed that in the period of colonial Cambodia po-litical economy was extremely following a
pattern of French assistance. The first election of Cambodia’s National Assembly had appeared
in 1947 after the new political system was promulgated. The election resulted with majority to
Democrat party 54 seats out of total of 78 at that time. The Independence Day has finally granted
to Cambodia in November 1953.
Cambodia during the period of 1960s, Sangkum Reastr Niyum regime was founded which
specified to People Socialist under Sihanouk’s leadership. However, the most impressive during
Shanouk’s hegemony was his prestige was dramatically increased under the name of “Father of
Independence” and He was the chief of instrument for creating and maintaining national unity.
36
Sihanouk’s party has won every election and begun to exploit fully the institu-tions of direct
democracy which he has created as a part of his design to involve the people
directly in politics. “Antonio Gramsci's Quaderni del Carcere contains a novel theory of poli-tics
whose central concept is that of hegemony. The importance of this concept for political activity
lies in its having placed on the agenda the concept of democracy and the possibility of a
democratic road to socialism. Although the political importance of Gramsci as a critic of
economism and a precursor of democratic socialism is generally accepted, the theoretical
approach to his thought is by no means clear.” (Esteve Morera, 1990) Cambodian economy has
relied on foreign policy, however, the most significant affected was Vietnam War and internal to
cause trouble. France, United States, China, North Vietnam, South Vietnam, and Thailand were
the key of contribution and development of Cambodia. Sihanouk’s hegemony was overthrown
by Lon Nol and Sirik Matak under coup d’état in and suffer violent coups, others could just see
widespread demonstrations and protests in 1970. Cambodian government policy was quickly
reversed with new regime founded Khmer Re-public. Cambodian economy was extremely
confronted with the biggest crisis in 1970s. With this view, the political instability was sunk
economic down and can devalue indefinitely. Noticeably, Lon Nol’s regime was underlying
social inequalities and government corruption in Cambodia could be revealed as the country
suffers from growing unemployment and drops in foreign investment. Lon Nol’s government
was punching out in early 1975 come through with rapidly changed of regime from Khmer
Republic to Democratic Kampuchea, particular escalated into communism by Khmer Rouge
guerrilla.
In decade of 1990s, after almost three decades of civil Cambodian government has inspired their
works to greater efforts for country rehabilitation through all sectors, especially poverty
alleviation that come through with discourse on poverty reduction strategy paper by listening and
involving attentively from various donors international and numerous NGOs both local and
international. The poverty in Cambodia has been overwhelming by the result of 36 per-
cent according to Cambodia Socio-Economic Survey (CSES 1999). After the signing of the Paris
Peace agreements in October 1991, democracy has been reversed in Cambodia and transition a
market economy. The first national election had conducted by the presence of UNTAC in 1993,
as the result of power sharing government comprising of three party CPP and FUNCIPEC that
led to the appointment of two Prime ministers Prince Ranariddh (FUN-CIPEC) and Hun Sen
(CPP). The new coalition government had issued the policy of poverty alleviation which aligns
economic and strengthening the education sector. Since the early 1980s, teacher training and in
particular in service training has been regarded as critical role for the qualitative improvement of
the education sector. In the early 1990s, major multilateral investors in education, namely the
World Bank and Asian Development Bank, have also ar-gued that strengthening the education
and health sectors is a necessary precursor for strength-ening developing economies.
International interest in the restoration of the education sector has been significant. However, the
system is riddled with problems restraining reconstruc-tion. The consolidation in between multi
parties and coalition government through democracy will be the most important areas for
community aid for the period of 1990s. The new coalition government had given the appearance
of not being process in 1997 due to arms clash cause problem between FUNCIPEC and CPP.
Likewise, the economic was halted and had dropped down respectively. The event led
international community to rethink and con-cerned the projects. This image made very depress to
the new symbol of democracy in Cam-bodia. The second election has come through in 1998 seal
37
with freshman role of opposition party Sam Rainy. However, the result of 1998 election had
been denied by SRP and FUNCI-PEC with which pushed to form a huge amount of
demonstration strike in front of National Assembly. The politic fracture has facilitated base on
common politic program that Hun Sen was nominated as Prime minister, come with Ranariddh
was Chair man of National Assem-bly, sealing with SRP had boycotted to join coalition
government. Since 1998, Cambodia has
seemly switched to the new political platform of between democracy factors included au-
thoritarianism behind the back because since then CPP has won every election until 2008 under
leadership of Prime Minister Hun Sen and all of the powers have potentially identified by him.
Hun Sen’s government began to develop poverty alleviation project that poverty lies in changing
the model of development from traditional economic growth to open a free market, basic
education and health for all, land reform, equitable growth and good governance. The
government of Cambodia still put the poverty eradication in front due to the tragic events
between 1970s and the long-term of civil violence structure. The low income tied to high level of
illiteracy particularly for people in rural area. Economic reforms have insisted to be done that
spherically in economic and public financial reform, strengthening governance, strengthening
banking and financial systems, fiscal reform, improving state property management,
macroeconomic stability, increasing investment, social infrastructure sectors, promoting private
sector and human resources development following the triangular strategy. Otherwise, socio-
economic development, fair and effective land management and oil exploration have been
critical topics for economic flourish at that time. This whole thesis has attempted to highlight the
cause of indicators used for political instability as follows: in-come, inequality, date of
independence, corruption, ethnic fragmentation, trust in public insti-tutions, discrimination
against minorities, history of instability, risk of labour unrest, infant mortality rate, geographical
position, regime type, factionalism, GDP growth, unemployment rate per capita income,
especially the role of Norodom Sihanouk that played a very important in political arena,
economic participation and social movement in 1960s.
38
Appendix
A simplified genealogy of the Cambodian Royal Family showing Prince Sihanouk’s decent
Ang Duong (died 1860)
Norodom (1836-1940) Sisowath (1840-1927)
Sutharot (1872-1945) Monivong (1876-1941)
Suramarit (1896- 1960)
Kossamak (b. 1904) Monireth (1876-1941)
M
Sihanouk (b. 1922) Note: Female figures are in italics
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Gramsci and Democracy, Canadian Journal of Political Science / Revue canadienne de science
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40
A STUDY OF CHANGES IN THE CIVIL SOCIETY IN THAILAND AND
By
SUNGKONGHOE UNIVERSITY
In
May 2009
41
MAINS Thesis, 2009
Contents:
Acknowledgement
Abstract
Abbreviations
Chapter I
1. Introduction:
Background
Methodology
Overview of Chapters.
Chapter 2.
42
MAINS Thesis, 2009
2.1 Historical backdrop
Chapter 3.
3.1 Background
3.4 Conclusion
Chapter 4.
4.1 Background:
43
MAINS Thesis, 2009
4.3 Conclusion
Chapter 5.
5.1 Recommendations
5.2 Conclusion
References
Annexure:
Questionnaire
Maps
44
MAINS Thesis, 2009
ABSTRACT
Contribution of the public masses to democratization has been a subject of considerable interest
in Asia mainly owing to the rapid pace of the process of democratic consolidation following the
end of dictatorships. In these emerging democracies, opportunities have opened up for the
masses to participate in the political life of the nation which also created more democratic open
spaces for civil society groups to diversify along different ideological patterns. This study aims is
to examine the process of change in social movements in the wake of democratization in two
fledgling democracies of Asia that is Thailand and South Korea while keeping democratization as
the backdrop. Further the study will provide a critical viewpoint of the process that triggered the
process of diversification in civil society groups during the post dictatorship period. Social
Movements have played a key role in creating the much needed space for democratization in
both these countries but did not remain static after democratization with some retaining their
old radical ideological orientation or what is also popularly termed as progressive movements
and others adopting a more moderate approach called new civic movements. Essentially the
study will attempt to show how civil societies evolved as legitimate non-state public institutions
to challenge the state’s undemocratic policies and the factors that induced political pluralism
and opened up or reduced the democratic space in the post-dictatorship and military led
45
MAINS Thesis, 2009
Chapter I
1. Introduction:
The growth and political activity of civil society in Asia has been associated with important
challenges against different kinds of regimes or governments and with fundamental political
change that has taken place for the last three decades. This correlation is important as it
provides ample scope to theorize about the capacity for political influence among associational
groups and civil society organizations that belong to the non-state public domain. This research
seeks to examine the dynamics of change that has taken place in the civil society in South Korea
and Thailand, with a clear focus on Social Movements as factors that have facilitated effective
political reforms. In other words, to show how civil society has been playing a prominent role in
Democratization in different parts of the world during the 1980s brought with it varied
geopolitical and economic change which had a telling impact on the character of civil society
resulting in its increasing recognition as a political force. In Thailand and South Korea for
example the process democratization would not have been possible without the participation of
civil society. The democratization process in these countries witnessed vital changes in the
character of civil society, which has often been described as a key element in the successful
transition towards democracy. There is no denying that in both these countries the role of the
elites is extremely significant in advancing the process of democratization, but more importantly,
the presence of civil society as radical or liberal forces helped deepen the process of democratic
consolidation.
In fact a key focus of this study is to undertake a systematic exercise to firstly examine existence
of civil society under different situations during the pre and post dictatorship period and then
46
MAINS Thesis, 2009
delve into the causes that led to a process of ideological differentiation within civil society
groups. However, a substantial portion of the study would attempt to understand the process of
The changes that took place within the civil society is said to have resulted mainly due to the
political and economic conditions that prevailed during different periods of time. For instance in
Thailand the economic success of the 1980s and early 1990s is taken as a key factor that
strengthened the middle class and led to demands for more openness, political liberalization
to stimulate democratic aspirations among the urban middle class and to fight for
democratization. (Bunbongkan, 1999:138). The economic growth also prompted civil society
groups to change their ideological positions from being extremely radical to liberal and more
market friendly.
In South Korea while student and workers played a crucial role in fostering democratic transition
during the latter part of the 1980s, the role played by an otherwise reserved middle class during
the post-dictatorship period created sufficient conditions for opening up the democratic spaces
and allowing for divergence of civil society movements. According to some authors the
movements for democratization created a restructuring of sorts that changed the complexion of
civil society towards a more self-empowering position and brought about drastic mindset
change. This attitudinal change is believed to have spread across different dimensions of the
civil society through class, occupational groups, minority groups and so on. (Cho, H. 2005: 7)
The changes that civil society groups underwent while still continuing to drive the agenda of
democratic consolidation perhaps prompted many scholars and activists to advocate the
importance of civil society and also perhaps the changes in their ideological character which
47
MAINS Thesis, 2009
they describe as “crucial for improving the quality of governance, strengthening people power,
democracy,” (Lee, H.G. 2004: 1). However, the emergence of civil society as a concept,
especially in late democratizing countries like Thailand and South Korea has witnessed a wide
array of debates and opinions. Though civil society has been accepted as an agent for political
change in many developing societies in Asia, its actual characteristic and specific meaning is
contested. Its definition has also varied according to the number of authors and scholars that
may exist.
The concept has descriptive as well as normative dimensions, and thus its usage is subject to
intense and endless debate. Two attractive features of the concept that make it popular also
contribute to making its usage more contentious. One, the civil society concept is complex and
open in character and as such can be readily modified so as to be applicable to a broad variety
of intentions and situations. The other is that the concept has considerable appeal because it
“embodies for many an ethical ideal of a social order, one that, if not overcomes, at least
harmonizes the conflicting demands of individual interest and social good.” (Seligman 1992, p.
x)
1.1 Background
Many scholars and researchers believe that civil society in South Korea existed much before the
great democratic struggle of 1987. They trace the existence of a civil society which they
categorize as a set of independent associations (both civic and interest based) and movement
organizations pursuing common interests and values vis-à-vis the state and economy (Diamond,
48
MAINS Thesis, 2009
1994: 5)1. In other words it can be said that civil society and social movements are deeply
interwoven, so much so that many a time very little difference seems to exist between the two.
In Thailand too the social movements that were largely instrumental in pushing forward the
agenda for democratization, are often used as an operational definition for Civil Society, which
can also be regarded as an institutional approach to study civil society. Taking Thailand’s
political reform and civil society as a case author Daniel Arghiros argues that growth of civil
society is thought to have strengthened and deepened democracy. He says that “opening up
opportunities for the masses to participate in the political life of the nation is thought to support
This study will essentially study the different characteristics of civil society in South Korea and
Thailand and how it has evolved as a force, both in the conservative and progressive realms over
a period of time. While knowing fully well that the conditions which prevail in South Korea is
much different from that in Thailand, the study has been conceptualized in a way to bring out
the different characteristics of civil society under similar and contrasting situations so that at the
end it is possible to evaluate whether civil society does or does not play the role of an agent for
In comparison to South Korea where the emergence of Civil Society has been traced to as far
back as the late nineteenth century when popular movements were started by newly formed
civic associations against a supposedly weakening Chosun Dynasty (Seong, 2000:87), in Thailand
1 See Larry Diamond, “Rethinking Civil Society: Toward Democratic Consolidation,” Journal of Democracy 5 (1994): 5. According
to him, civil society is defined as a realm of organized social life that is voluntary, self-generating, (largely) self-supporting,
autonomous from the state, and bound by a legal order or set of shared rules.” With this definition, he emphasizes the following
aspects of civil society: citizens’ collective action in the public sphere, its intermediary role between the private sphere and the state,
and restriction and legitimation of the state power. However, it needs to be noted that civil society does not exist only in relation with
the state but also in relation with the economy. Civil society, pursuing autonomy and self-protection, tries to protect collective values
and interests from the encroaching market that stimulates competition among people and hence fragments social solidarity. Thus, Jean
L Cohen and Andrew Arato stress self-limitation and functional autonomy of the three separate spheres of the state, economy, and civil
society. See Cohen and Arato, Civil Society and Political theory (Cambridge, MA:MIT, 1992), pp. 15-18.
49
MAINS Thesis, 2009
civil society grew out of the concept of Pracha Sangkhom which literally means the society of
the people. This concept too can be traced back very far in history. Unlike in Korea civil society
or Pracha Sangkhom does not signify state market and society as separate entities.
The concept of Pracha Sangkhom is contested by authors like Pasuk Pongpaichit (1999) who
says that the approach is largely urban with roots in the modernist middle class (Pasuk, 2000).
She says that this approach has its faith in industrialization, modernization, and liberal
representative democracy.
It has been argued by authors like Kyoung-Ryung Seong that the key features that marked the
evolution of civil society in South Korea was its growth as independent civil associations to
either protect people from invading foreign power (Seong 2000:136) against state power like
that of Syng Man’s Rhee’s personalist rule and against military dictatorships under Park Chung
But even while tracing the evolution of civil society what needs to considered, as mentioned
earlier, that the concept of civil society both in a very general context as well as when applied to
Thailand and South Korea has been interpreted differently by different authors and therefore
continues to be contested. The concept of civil society has been surrounded by some amount of
ambiguity and “the denotations of ‘civil society’ have undergone significant changes over time
In the early 1900’s, Friedrich Hegel defined civil society as “the intermediate realm between the
family and the state,” wherein civil society was defined as a form of freedom, where the
individual becomes a public person. In his definition Hegel was more careful while describing the
“self-organising and self-regulatory capacity” of civil society which perhaps made him to suggest
that civil society needs to be regulated by the state. He said though the state and civil society
50
MAINS Thesis, 2009
depended on each other, yet their relation is full of tensions and therefore requires a
Italian scholar Antonio Gramsci incorporates the idea of political liberalism in civil society to
underscore the significance of the broader participation of people and members of the public, in
politics. His definition incorporated not just the relationship between state and family, but
included culture, ideology and political debate. (Reference). Gramsci’s definition of civil society
assumes great significance from regarding its role in impacting political changes.
Civil Society from the point of view of Jurgen Habermas, “is made up of more or less
spontaneously created associations, organisations and movements, which find, take up,
condense and amplify the resonance of social problems in private life, and pass it on to the
political realm or public sphere". This theory in essence will form the basis of the argument in
this analysis taking social movements as an indicator of quantification of civil society. These
organisations, social movements, networks and informal groups. These organisations make up
the infrastructure of civil society; they are the vehicles and forums for social participation,
"voice" processes, the expression of values and preferences, and service provision. Almost
similar views can be found in how Larry Diamond defines civil society as “the realm of organized
social life that is open, voluntary, bound by a legal order or set of shared rules.” (Diamond, op.
cit., p. 221)
In fact in the modern political science civil society is often identified as “an intermediary
between the private sector and the state.” (Bunbongkan, 1999:137). In this way civil society is
distinguished from the state and economic society, which includes profit-making enterprises.
(Ibid)
51
MAINS Thesis, 2009
Today, most scholars regard civil society as being composed of non-economic and non-
governmental organizations operating to serve the needs and interests of society. The purpose
of this study however is not to capture and measure civil society either as a totality or in all its
aspects but to simply examine its role in the process of democratization and the changes that
The primary aim of this research is to examine the changes that have taken place amongst civil
society organization following the ouster of undemocratic regimes and how these developments
have impacted political changes or political reforms. This research is a humble extension of the
attempt by researchers and scholars all over the world, especially Asia to examine the growth of
civil society in a very Asian context, taking South Korea and Thailand as two contrasting cases
where non-state actors have played a crucial role in initiating or preventing political change.
organisations, social movements, networks and informal groups, essentially the study will
attempt to show how civil societies evolved as legitimate non-state public institutions to
challenge the state’s undemocratic policies and the factors that induced political pluralism and
opened up or reduced the democratic space in the post-dictatorship and military led
In effect using social movements for democratization as indicators the study will examine the
the pre and post dictatorship periods. Evolution of new social movements will be a crucial part
of the study to examine the ideological positioning of movements in the present day and
whether these changes have had any impact in the process of democratic consolidation.
52
MAINS Thesis, 2009
The research could be used, firstly, to bring out the similarities as well the contrasts in the
nature of civil society changes that have taken place over a period of 20 years. Secondly it would
try to provide some useful insight into the progression of two extremely diverse societies
emerging out of military backed undemocratic regimes besides providing ample opportunity to
understand civil society from an institutional study approach while avoiding to get into the
intellectual trap of who does or who does not constitute the concept of civil society.
1.5. Methodology:
The approach that has been adopted is essentially a qualitative analysis based on a comparative
study. Analysis of primary and secondary data forms the basis of the arguments and analysis to
problematize civil society and arrive at a conclusion. Different civil society organizations that
were part of social movements in South Korea and Thailand are used as cases to show the
changes that they underwent in their ideological orientation vis-à-vis their role as agents of
democratization.
The case studies broadly are a few new civic movement or citizens movements (Simin Undong)
and Progressive groups in South Korea and a few groups in Thailand which have taken divergent
paths from their earlier radical positions. These include the KFEM and Green Korea as citizen
movement groups and the labour movements as a popular or progressive movements while in
Thailand the focus primarily will be on Women’s and Consumer’s groups, election monitoring
agencies such as Poll-Watch and Asian Network for Free Elections (ANFREL) which are regarded
as the ‘new’ citizens’ movement groups and the Assembly of the Poor (AOP), which is closely
53
MAINS Thesis, 2009
The reason for choosing these groups is that I have been personally associated with ANFREL as
an international election observer during which time I have observed elections in Thailand and
also studied Government formation. Besides this as a Journalist I have visited Thailand to study
the socio-political developments taking place in that country since the 2006 coup detat. My
association with the May 18 Memorial Foundation in Gwangju as a Folk School Participant
opened up my interest in Korean Social Movement and democratic uprisings which was
advanced a great deal during my one year sojourn in Seoul as student of MAINS at the
Sungkonghoe University. I wanted to utilize this opening and convert the opportunity into an
academic exercise that would provide an indepth understanding of the increasing importance of
civil society not just as a force that has the potential to induce political transformation, but one
Available literature on the subject was reviewed extensively during the last six months or so.
These included articles published in well known academic research journals, local research
newsletters, previous research materials on the subject and all other forms of relevant
Interviews and Focus Groups Discussions (FGDs) were organized with civil society organizations
54
MAINS Thesis, 2009
Thailand both on an one to one basis and Online. A couple of phone in interviews were also
used to collect comments and data from the different organizations and individuals.
The number of persons interviewed included on an average three from each organization and
also about 10 individuals representing different fields of activities in the civil society context
such as professors of universities, activists, media persons, teachers, NGO workers, students,
The questions for interviews (see Annexure) were pre-set and open-ended and framed
considering the timeline for preparing the thesis. The interviews were conducted essentially to
generate candid viewpoints on the changing role among individuals and groups in a more socio-
political context. Though a wide survey was not possible, but given the experience and
important positions that the interviewees occupy in the civil society space, it perhaps has
provided the required insight as demanded by this study to justify the subject matter of
research.
A number of frame work have already been developed by numerous authors and scholars to
show the political significance of civil society organizations in the event of the ouster of
dictatorships and military led authoritarian regimes in South Korea and Thailand. In this study
show the different kinds of political and sociological changes that occur during democratization.
55
MAINS Thesis, 2009
To examine the changes in civil society organizations by using social movements as a viable
indicator, in the later phase of democratization I would like to borrow the conceptual
Hee Yeon, in his work on civil society and social movements in the post dictatorship context in
South Korea. Though the concept has been applied in a very South Korean context, I would like
to make an attempt to expand the idea and use it to draw a comparison between Thailand and
South Korea.
Essentially, I would like to study the following characteristics of social movements to provide a
discursive analysis regarding changes in civil society and its impact on the process of democratic
consolidation:
2. Ideological Characterization:
3. Democratic Consolidation:
56
MAINS Thesis, 2009
movements on issues.
Political oriented and de-movement to enter it and change it, on the one hand, and
oriented movements which has orientation to keep away from the institutional
national and sub-There are national and sub-national issues, on the one
Issues national issues and hand, and trans-national issues, on the other hand. Efforts
Notwithstanding the fact this framework is much broader from the one adopted for this study,
yet the end objective is almost the same, which is to provide an understanding of the
differentiation in civil society divergence, especially the emergence of new social movements
Advancing the contemporary relevance of Habermas, ‘New Social Movements’ theory, Gemma
Edwards argues that the ‘new’ movements of the post-60s era (such as Women’s Youth,
Alternative and Ecology Movements) form the raw materials of the public sphere. According to
her new social movements during the struggle over lifestyle and identity, respond to questions
57
MAINS Thesis, 2009
about the legitimacy and accountability of governments, and in turn, raise them. (Edwards,
2004: 113)
I believe that the newness of the movements in the present context assumes more significance,
and agree with what Habermas says about why the newness of the movements should be based
on the conflicts around which they organize. (Ibid. 113). The conditions in advanced capitalist
societies such as Thailand and South Korea are pretty much similar as civil society organizations
which were involved in democratic struggles seem to be shifting away from the old politics of
capital-labour struggles and focusing more on issues pertaining to the ‘Life World.’
The other important aspect is the ‘colonisation’ of the Life-World which Habermas argues as
becoming more central to social movements and rejection of it by civil society organizations by
constructing a relatively ‘genuine public sphere,’ for opposing the imposing agendas of the state
A similar rationale is expressed by Cho Hee Yeon in that he underscores the need to move
beyond the question of whether social movements can keep their former dynamics or not
because “the democratization, which social movements have fought for, brings with it a new
context in which they should be accustomed to and subsequently changed their movement
strategies.” (Cho, H. 2005). This would imply that the popular sentiments and dynamics of social
In a study on urban social movements in Chile and Spain P. L. Hipsher explains the changing
authoritarian rule creates different kinds of situations. On the one hand it provides space for
protests by civil society groups but on the other it also limits their radical and insurgent behavior
58
MAINS Thesis, 2009
lurking threat of authoritarian aggression in the minds of political leaders and radical forces.
Therefore, it can be argued that this divergence of civil society organization in the social
movement’s arena is a fit case for a discursive analysis using a ‘multi-dimensional approach,’
theory. This could also be described as one way of understanding how and why civil society had
differentiated into different areas following their emergence as a coherent force under the sole
Overview of Chapter 2
Chapter 2 essentially deals with differentiation in social movements in civil society form a
historical sociology viewpoint. In essence it attempts to locate the eventual separation of social
movements in a more historical context, by arguing that there is need for understanding the
division of ideologies and conflict between the Left and the Right both before and after the
breakdown of dictatorships.
Overview of Chapter 3:
The above papers forms the basis for explaining the nature of the grassroots people’s
movements
In Chapter 3, the primary focus is on the divergent paths which radical civil society actors took in
their attempt to retain the radical face of activism or oppositional stand against the state. The
chapter attempts to underscore the importance of the roles played by grassroots people’s
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MAINS Thesis, 2009
movement led by labour and peasants groups in building solidarity across various groups and
associations to oppose repressive and top down undemocratic policies of both state and capital.
At the same time the chapter also attempts to problematize the grassroots peoples’ movements
to show how these movements ignored broader community issues and refused to look beyond
the realms of their own concerns that led to the initiation of the citizen’s movements.
Overview of Chapter 4:
The above mentioned papers capture some of the critical aspects of divergence that civil society
movements in the post dictatorship period in both Thailand and South Korea.
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MAINS Thesis, 2009
Chapter 2:
In the democratization of Asian countries, in particular, Thailand and South Korea, the role of
civil society in different forms at different times was a key feature that resulted in the overthrow
of dictatorships and installation of democracy, although sometimes very fragile and instable.
However, a significant aspect that shaped the process of democratization in both Thailand and
Korea was the emergence of civil society in the form of student activists, intellectuals, labour,
religious groups and the middle class to challenge military backed undemocratic regimes that
suppressed all forms of human rights and civil liberties on the pretext of fighting communist
forces.
The struggle for democratization in Thailand and Korea dates back to the days of colonial rule,
though the former holds a rare distinction of being one of the few Asian countries that escaped
virtual colonisation. Further because of the pro-US stand which Thailand had taken during the
1970s it was regarded by radicalised sections as a semi-feudal half colony of the United States
which led to the belief that the only way forward was to launch a Maoist arms struggle in the
countryside.
In fact analysts studying emergence of civil society movements in the Asian democratization
context have argued that ideological differentiation in civil society organizations in Asia,
pertinently in Thailand and South Korea is rooted in a policy of anti communism regimentation
of society.
61
MAINS Thesis, 2009
However, notwithstanding the repressive nature of the state that was aided by the US policy of
anti-communism, social movements in civil society in both Thailand and South Korea grew from
below, a constant feature of which were democratic struggles that were waged by students and
labour movements throughout the 1970s through the 1980s and into the early 1990s. The
primary concern was to establish a democratic regime. The rather forceful democratic struggle
in these countries is said to have confounded analysts who saw monochrome military
dictatorships and demobilized labor as the prevailing norm in the capitalist cold war states of
Korea was witness to emergence of a strong labour movement in 1987, the year of the great
democratic struggle. This process triggered off a series of events that resulted in formation of
civilian governments that were keen to provide assistance and support to labour and popular
organizations. Social changes in Thailand were no less eventful than in South Korea. In fact the
struggle for democracy saw much more blood spill on the streets of Bangkok since the seventies
In comparison to South Korea the Thai labour was not as strong, but it engaged in the
democratic struggle and also aligned with the students to promote social insurgency which was
ably supported by the emergence of other organizations that were involved in struggles for rural
livelihoods as well as various forms of social and environmental issues. Most of these
However, these social movements which had began to consolidate in different forms through
the nineties and the turn of the millennium as new social movements and popular or grassroots
movements have been on the downslide owing primarily to conflicting ideologies. However,
there are a number of reasons which have been attributed to explain the decline of social
62
MAINS Thesis, 2009
movements in South Korea and Thailand by many authors, which will be subsequently analysed
in this as well as the following chapters. This chapter will essentially attempt to locate the
developments from a historical context to possibly provide a newer dimension to the debate on
Those who have studied historical sociology2 have taken a slightly different approach in that
they try to locate the eventual separation of social movements in a more historical context, by
arguing that there is need for understanding the division of ideologies and conflict between the
Left and the Right both before and after the breakdown of dictatorships. The division of ideology
in terms of Left and Right made a decisive impact on the future of democratization and civil
In the case of South Korea there are different explanations regarding the differentiation in
ideological patterns following decolonization from Japanese imperialism. Cho Hee Yeon explains
how a policy of ‘exclusion,’ ‘restriction’ and ‘transformism’ which were the basis of the state
democratization, notwithstanding the fact that South Korean democracy emerged from below
and was loaded with radical democracy ideas. (H. Cho, 1998: 149-150;2001, & 2002).
In the case of Thailand the weakness of the Marxist or Communist ideology was mainly due to
the fact that there was no mass mobilization in the struggle for national liberation. The process
of an ‘anti-communist regimented society’3 had begun in earnest very early in history during the
2
The sociological study of the origins and development of societies and of other social phenomena that
seeks underlying laws and principles.
3
The concept of anti-communist regimented society has been applied by Professor Cho Hee Yeon (Refer to
Cho, Hee Yeon, Inter-Asia Cultural Studies Vol.1 No.3. Dec. 2000 The Structure of the South Korean
63
MAINS Thesis, 2009
early 1930s and was later augmented by the American policy of anti-communism in South East
In this chapter the purpose is to firstly identify the commonalities in terms of historical origins of
differentiation of ideologies within civil society in Thailand and South Korea, immaterial of the
diverse changes that resulted from the democratic struggles since the 1970s through the 1980s.
Secondly, the attempt is also to understand ideological differentiation from a historical context
and help establish a possible linkage of the between the events that occurred in past with the
present order of existence of social movements. Or in other words the changes that occurred
place in social movements in the Thai and the Korean civil society during pre and post
dictatorship periods.
In both Thailand and South Korea, the approach of the ruling class, to purge communists, had
unique similarities, in that to lay the foundation for the future of democratization without the
Left.
According to Giles (Ungpakorn, 2007: 84) the agenda of the ruling class to crush the Left has
important consequences on the evolution of civil society post 1976. The outcome of the
Thammasat University massacre which saw thousands of students going to the jungles to join
the Communist Part of Thailand (will be henceforth referred to as CPT), could lead to a
resurrection of the Left ideologies in which case the future of Thailand politics would perhaps
have been different than its present free market neoliberalist and neoconservatist image as
Developmental Regime and Its Transformation---An Analysis of the Developmental Regime of Statist
Mobilization and Authoritarian Integration in the Anticommunist Regimentation) in the context of South
Korean Democratization. This concept has been used here to describe the process of ideological shift which
was state led project using different apparatus both during pre-dictatorship and dictatorship periods.
64
MAINS Thesis, 2009
promoted by the ruling class. However several factors played a significant role in dismantling the
CPT and communism ideologies with the government adopting a more political settlement
The historical contextualization of post colonial Korea is a significant indicator that exemplifies
how the anti-communist plank which was played up by the undemocratic authoritarian regimes
to undermine the importance of radical democracy, which Seoungwan Lee links to the unique
geopolitical situation of the Korean peninsula. He argues that the division of the Korean
peninsula where the Cold War has been internalized and the real object of ‘anti-communism’-
North Korea as the enemy—coexist (Lee, Seoungwan. 2008:23). The state founding period
perhaps laid the basis for the transformation of the movements in the later years, following
democratization. This has been extensively explained by Lee who draws upon Gramscian
‘repression’ and why popular opposition is eased in terms of the logic of domination. (Ibid. 28)
The Government’s policy to provide “amnesty” for those who had gone to the jungles to fight
alongside the communists paid off, as at around the same time a split in ideology between the
student activists and the Conservative CPT leaders was emerging. After a brief sojourn in the
jungles the student activists deserted the CPT and returned which eventually brought about the
The anti-communist churning perhaps needs to be located in the cold war period when
American hegemony in Asia, especially South East Asia played a crucial role in blocking the
spread of communism or the ‘domino theory’ which was perceived as a threat by the US in the
event of the growing power of the red army in China, growth of communists in Burma, North
Korea and Vietnam and the open revolt by the Malayan communists. All these events, which
65
MAINS Thesis, 2009
was intensified by the seizure of power on January 1950 by Ho Chi Minh in Hanoi with support
from Peking and Moscow, made the US align with Thailand which reciprocated by sending 4,000
troops and 40,000 tons of rice to aid the US during the outbreak of the Korean War. This was
explained by the then Thailand Prime Minister Phibun as “by sending just a small number of
troops as a token of our friendship, we will get various things in return,” (Fineman, 1997: 117).
However, the US involvement in Thailand came with a cost, as the former announced that it
would assist the Thai military with arms supply in return that the Thai government make a show
of suppressing communism and distancing Thailand from China. (Pasuk and Baker, 2002: 293).
This deal with the US was arguably a defining moment in a historical sociology conceptualization
of pushing the communist against the wall. The crackdown in 1952 which was purportedly
carried out by the Phibun Government against “the military’s enemies,” was also targeted
The US concern that a communist victory in China would impact Thailand was not unfounded as
the growth of communism in Siam is traced to the Chinese Communist Party in 1932 (Ibid 309).
A communist wing was formed within the Koumintang organization in Bangkok in 1925 which
was later boosted by the formation of the Siamese Communist party on April 1930 by Ho Chi
Minh following his visit to Bangkok. In 1942, the CPT was secretly founded in Bangkok.
In the Korean case too the US involvement played a significant part in suppressing communists
from organizing themselves as a political force. The American Military Government (AMG) in
Korea (Mingunjong) that arrived in September 1945, aligned with the traditional landowners to
end the dominance of the bottom-up organizations. The traditional landowners who
represented the far right-wing forces were opposed to the Left as the latter received
overwhelming support from the people for its policies of dismantling the vestiges of Japanese
66
MAINS Thesis, 2009
Colonialism such as land ownership that had been “the direct locus of economic exploitation
under Japanese colonialism and the main object of discontent for most Koreans. (Lee,
The landowners masked themselves as ‘nationalists,’ and practiced conservative ideologies that
were oriented towards the economic reproduction of the old colonial and class relation without
The American Military Government (AMG) was apprehensive of the connection between Civil
society groups and communists and it began what has been termed by many scholars as
“dramatically transforming Korea’s political landscape” (Kim, 2004:142). The AMG crushed all
efforts by Left forces and organizations to assembly and express their political character and
imprisoned Left workers and leaders but on the other hand it encouraged right winged forces to
forms social organizations and promote the AMG backed slogan of ‘anticommunism’ and ‘anti-
The Americans were aware of the existence of a highly oppositional civil society even during the
Japanese colonialism from 1910 to 1945. The Japanese imperialism is believed to have given
birth to a “conflictual engagement,” (Kim, 2004: 140) between the state and the civil society
which led to a highly resistant, militant, and oppositional civil society. This period is said to have
laid the foundation for the popular movement which was dominated by farmers, peasants and
the minjung (poor people). Several national organisations like the Korean Federation of Workers
and the Korean Federation of Peasants were formed during this period which played a decisive
role not only in the struggle for labour rights but also against Japanese imperialism.
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MAINS Thesis, 2009
The strength of the working class grew even after Japan’s surrender in August 1945. The transfer
of power by the Japanese colonial state to Yeo Unhyung, who was the leader of Geonguk
Dongmaeng (The League of Korean Independence), because of his ‘somewhat radical views (Lee,
1946:189) paved the way for the Committee for the Preparation of the Korean Independence
(CPKI) and subsequently emergence of various social organizations representing youth, students,
women, cultural activities and religious beliefs. This was period of growth of communist
During the period from 1945 to 1950 civil society organizations that exhibited Left leanings and
espoused social welfare and distributive justice were identified as threats leading to imposition
of ban on their activities. The National Security Law (Kukka Poanbop) was enforced soon after
the Republic of Korea (South Korea) was officially inaugurated in 1948, to suppress anti-
The development of the concept of anticommunist regimented society has been described as
one of the precondition for the developmental regime to emerge and function smoothly in
South Korea. According to Cho “the formation and reproduction of the developmental regime in
South Korea can not be fully analyzed without considering interactional influences of the Cold
society' by arguing that in the process of the violent conflicts accompanying the civil war,
oppositional figures and groups were widely removed from the public arena. This argument
perhaps aptly describes the systematic destruction of the ideological space, a more leftist one
which existed in the working class movement and popular opposition movement, first by an US
68
MAINS Thesis, 2009
led oppression and them by the subsequent development regimes under Park Cung Hee and
The Cold war logic was internalized by resorting to harsh repression of the Left and opening up
social and political spaces for those who were right-winged and supported the Government.
Gradually the internalization of the Cold war logic assumed some amount of consensus amongst
the people and it helped the state to influence people’s mindsets in terms of social and class
relations.
propounding the fact that the Civil War was not over, but stayed in armistice which has been
7). Moreover, in contemporary South Korea this logic of ‘a society in truce’ has been played over
and over again in the minds of the people, to strengthen the efforts of the dominant group, the
In Thailand too the process of anticommunist regimentation was not too different, with a
systematic approach adopted by the ruling elites to suppress communists. In 1965, the
Communist Suppression Operations Command (CSOC, later ISOC) was set up with support from
the US. A decisive strategy that of isolating the villagers from the guerillas, which was first
attempted in British Malaya and Vietnam, was tried out by the CSOC in Thailand in 1967. What
followed was intensive policing and village monitoring activities such as village patrols, curfews
and occasionally moving whole groups of villagers (Ibid. 313). These methods were supported
by other more internalized ways of training villagers and arming them with weapons to guard
themselves against guerillas. But when these tactics failed, with villagers passing on the arms
69
MAINS Thesis, 2009
and the radios to the guerillas, other more direct methods like arresting of CPT workers to
What arguably played a significant part was the push for completely communist ideologies as it
promoted class based mobilization and in the process threatened the elites in both civilian and
military bureaucracies, and to the monarchy itself. This created a broad conservative coalition
which hunted CPT members into the remote jungles of the periphery and by the mid-1980s, the
CPT was routed and the domestic legitimacy of the Thai left as a political force was virtually
destroyed (Ibid.). In 1976, activists working toward village self-reliance and uplift were
By the time Thailand had moved firmly into a democratization space, after the 1992 incident an
almost full parliamentary democracy was established in Thailand, but the Left or any political
party representing workers or small farmers was not part of this change. This systematic
delineation of the Left from institutional politics can be summarized as the process of forming
an “anti-communist regimented society,” which would perhaps corroborate the fact that the
dynamics of civil society in Thailand’s political development has interesting formulations and
political cleavages which were perhaps formed as a result of the marginalization of the Left and
society which emerged as a force had elements of the former Leftists who seemingly had
undergone an ideological orientation and were now more aligned to the changing polity.
But what is also important is to understand the other factors, more internal, which led to the
disappearance of the Left from Thailand’s political landscape. From the beginning the
communist movement in Thailand was immersed in debates over its character and revolutionary
70
MAINS Thesis, 2009
image, which has been attributed by many scholars as a reason for the divergence of ideologies
During the 1970s, especially after the outbreak of the student massacre of 1976, a good number
of people were passionate of taking up arms to oppose the repressive state. But the problem as
has been observed by Giles, is that “they were led by an organization which took up arms in
rural areas, ignoring the struggles in the city, with the aim of carrying out a ‘capitalist
democratic revolution rather than a socialist revolution. This is because the communist
mistakenly believed that Thailand was a semi-feudal half colony of the United States and that
the only was forward was a Maoist armed struggle in the countryside,” (Ungpakorn, 2003: 15).
But what perhaps needs to be understood in this historical sociology analysis is that Thailand
was already capitalist, major struggles had taken place in urban areas and the only way forward
was to lead the urban struggle towards what Marx and Trotsky called, a “permanent”
The failure of the rural armed struggle combined with other factors such as the political
confusion resulting between the authoritarian hierarchy of the CPT and the more libertarian
students eventually led to the collapse of the communist movement and attempts of a
democratic capitalist revolution too fizzled out. (Ibid. 16). This proved decisive as most of the
Left workers divorced themselves from socialism and joined NGOs, which incidentally became a
haven for Left party refugees in a context of political demobilization. (Simpkins, 2003: 256)
Authors like Chantana Banpasirichote observes that “each political incident of the past produced
a generation of active citizens, many of whom became important catalysts for subsequent
political actions” (Banpasirichote, 2004: 215). It is generally held that student activist of the
past had reemerged in some form or the other in the different phases of democratic transitions
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MAINS Thesis, 2009
in Thailand and that they now form the new middle classes of Thailand. The middle class is said
to have taken an active part in the May 1992 uprising as the ‘mobile phone mob (Ibid).
Unlike Thailand where the state has been able to almost completely erase communist ideologies
in the South Korea notwithstanding the reproduction of the cold war truce theory or the US
support that was extended to liberal democracy regimes to oppress the Left, the oppositional
civil society, which is referred to as the popular movement and had Left leanings, continued to
remerge throughout especially in the aftermath of the Korean War through the late 1950s, the
sixties, seventies and the late eighties during the authoritarian civilian regime under Syngman
Rhee, the military dictatorship under Park Chung Hee and Chun Doo Hwan and even after that
Therefore, in the light of above historical accounts and arguments it can perhaps be argued that
the South Korea’s contemporary history is inseparable from its democratic struggle in the 1960s
through the seventies and the eighties. Most of the contemporary studies have had to be
located in a historical context to understand the transitions towards democracy and the changes
To understand this conundrum of constant suppression and reemergence of the Left in different
forms the socialization of anti-communist order and its impact on civil society activation during
the democratic struggle and after would perhaps throw up some challenging dimensions for
investigation. This could also help to elaborate this discursive exercise to explain the
phenomenon of changes in civil society groups during the process of democratization. However,
given the limitation of this study, the focus will primarily be on ideological differentiation with
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MAINS Thesis, 2009
Chapter 3.
3.1. Background:
Prior to democratization the ideology that was predominant in Thailand and South Korea
emerged out of socialist ideas and in both cases it started from below. The objectives of these
movements were to oust military led undemocratic regimes and establish a popular and
Liberal to Progressive spheres. I will attempt to analyse the status of these radical movements
vis-à-vis the emergence of movements that have moved away from hardcore Leftist ideological
orientation but are radical enough to be included as a movement that continues to project some
elements of Radicalism. This is especially true in the case of Thailand as will be seen later in the
cases of grassroots peoples’ movements which claim to represent the voices of the poor and the
Though Radical movements in South Korea and Thailand underwent similar suppression at the
hands of the military backed dictatorships and American support since the early days of its
modern history, the situation after post dictatorship periods in both these countries changed
dramatically, with South Korea managing to retain some semblance of the ‘old movement,’ in its
labour organizations and propagation of the Minjung philosophy through the nineties and up to
the present day. In comparison the history of radicalism or movement that were inspired by
Maoist ideologies ended with the crushing of the CPT by the state and increasing collaboration
by NGOs, who represented the new social movements with the state and foreign funding
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MAINS Thesis, 2009
In Thailand often Grassroots Movements that are centered more around Life World issue which
(Habermas, 1987:124) are classified as movements that have retained elements of radicalism,
though some scholars have categorized these movements under ‘Autonomism’4 which they
claim evolved more in response to the past authoritarianism of the CPT and brutal oppression by
In the case of South Korea democratization paved the way for the formerly radically oriented
people’s organizations to grow and sustain itself. This was possible perhaps owing to the fact
that unlike Thailand in South Korea the democratization phase created sufficient opportunities
for workers and labour movements to advance its ideological orientation and develop a popular
base.
The ideological orientation of these movements and how they posit themselves in the emerging
order of neoliberal globalization will be broadly analysed based on a secondary data research
and interviews. The idea is not so much to focus on the similarities alone of such kinds of
movements in Thailand and South Korea, but also to bring out the contrasting nature of both
While the radical movements in Thailand was forced to develop itself in the guise of a
‘Third way reformism,’ which has been termed as ‘Autonomism,’ and ‘Post-Modernism,’
((Ungpakorn, 2007: 91), in the case of South Korea the workers movements, which
4
The dictionary meaning of Autonomism is ‘the belief in or a movement toward autonomy.’ Many scholars have defined it according
to the situation and contexts in which they have described civil society differentiation. For more conceptual clarity on Autonomism in
Thailand refer to Ji Giles Ungpakorn, Coup for The Rich and Dulcey Simpkins Radical Influence on the Third Sector: Thai NGO
contributions to socially responsive politics: In Radicalising Thailand.
74
MAINS Thesis, 2009
formed the core of the democratic struggles grew stronger. The labour movements have
contested subject. Even till this day and time the country has struggled to come up with a
clear definition of democracy, given the fact that the military and the monarchy (not
Moreover, given a past history of brutal repression by the state which culminated with
October 1976 virtual elimination of the Left, the position of radical movements in
Thailand has become a complex subject that perhaps cannot be adequately covered within
the scope of this study. However, within the limitations of space, the complexities will be
examined so as to be able to bring to fore the similarities that may exist and the
What perhaps would be pertinent in the case of Thailand is to understand the collapse of
the CPT and how it gave rise to Third Way Reformism or Autonomism, which as
the autonomists belong to the 1970s era of student activists who supported the Left but
subsequently deserted the CPT for its authoritarian policies (Ungpakorn, 2007: 95).
5One good example in the Thai literature is Chattip Nartsupa et.al. (1998) The Theory of Peasant Community Economics. Witeetat 7
as mentioned in Coup for The Rich.
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MAINS Thesis, 2009
What assumes great significance here is to note that while in both these countries there was a
gradual suppression of the Left, as has been described in the previous chapter on Historical
Sociology: Ideological differentiation, its impact on social movements were strikingly different.
For instance when compared to Thailand, it is easy to differentiate the reasons for sustenance of
radical movements in South Korea. Though communism was openly practiced but most workers
and pheasants continued to be inspired by Leftists ideologies, which arguably was a key reason
developed itself in terms of organizations and its popular base. The most remarkable aspect of
the labour movement in the post dictatorship period as is argued by Cho Hee Yeon is the ability
of the grassroots people’s movement to rapidly expand its local branches and new-sub
Just after the Great Democratic Struggle of June 1987, thousands of new democratic
trade unions began to organize nation wide, and former government-patronized unions
began to democratize from inside. For example, there was a change of leaders to a
of 19876. This new surge also swept over white-collar workers across various areas.
Based on this emergence of new democratic trade unions, the National Council of Trade
Unions was organized in January 1990 and, thereafter, the Korean Confederation of
6
In June 1987, the number of trade unions was 2,700, and that of its members was 1,050,000. However,
in the wake of Great Labour Struggle, the former increased to 7,900 in 1989 and the latter to 1,930,000.
76
MAINS Thesis, 2009
Trade Unions came into being, covering such areas as Korean Big Conglomerates,
In addition, the peasant movement, teacher's movement, urban poor and other
national organizations such as Korean Farmers League in April 1990, National Alliance
of Street Vendors in October 1988, National Alliance of Urban Poor in November 1989,
Unlike Thailand the popular movement in South Korea has continued to survive under severe
constraints imposed by several factors, from internal organizational politics, to loosening of the
democratic space under the neoliberal open market economy and the constant exploitation of
the labour by the state and the economy in different ways. Notwithstanding the controversies
that continues to arise pertaining to labour and formation of class consciousness what cannot
be wished away is that the breakdown of the dictatorship in 1987 brought about a new era of
labour militancy.
Sociologists like Hagen Koo term labour militancy in 1987 as an “explosion that marked a
watershed in the South Korean working-class struggle,” (Koo, Hagen. 2001: 185). In his opinion
during the phase of democratization, the labour movement changed in character becoming
In his book titled, Korean Workers The Culture and Politics of Class Formation he sums up his
“The post-1987 labour movement became qualitatively different from the previous
struggles, not only in terms of the patterns of conflicts and organizational strength, but
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MAINS Thesis, 2009
also in terms of the main actors, regions, industries, and gender composition. Since the
eruption of this massive labour offensive, the Korean labour movement became better
organized, stronger, more aggressive, male-led, and labour militancy thus brought a
significant change in the balance of power between capital and labour and in working
The revitalization of labour movement after the ouster of the undemocratic regime was
described by Professor Lee, Byoung Hoon as “Workers at the shop floor tried to make their life
democratic,” which in essence meant that many workers were organizing on their own and
In contrast Thailand labour movements have been mostly about state enterprise unions, which
forms the backbone of the so called, “Thai labour movement,” in terms of manpower and
resources. The main players in the movement are the unions of the Electrical Generating
Authority of Thailand, or EGAT, and the Metropolitan Electrical Authority, or MEA, and strongly
supported by the national State Enterprise Workers’ Relations Confederation, or SERC. These
groups get occasional support from a growing network of civil society allies—ranging from
government. However, the support is often conditional and based on political affiliations,
perhaps owing to the fact that members of the state enterprise unions have divergent political
ideologies.
Therefore, more often than not Autonomists are accepted as the most suitable alternative
which represents the struggle of the workers, daily wage earner, the farmer and the poor. Those
who have adopted this philosophy in Thailand include the leadership of the Assembly of the
7 Interview with Professor Lee, Byoung Hoon, labour specialist and advisor of KCTU, department of Sociology, Chung-Ang
University, Seoul
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MAINS Thesis, 2009
Poor (AOP) and other rural civil society movements. The basic idea is to reorganize the village
and the grassroots on a self-sufficiency model by rejecting the state. Autonomists also termed as
culturalists often use the phrase kamtrop yuu tii mubaan—the answer lies in the village— which
is said to stem from the culturalist search for a higher form of development at a lower level of
Building of political parties and political theories do not find any place in Autonomist’s
principles. It has many similarities with the ideas expressed by Autonomist in other
countries, such as John Holloway, Toni Negri and Michael Hardt. (Holloway, 2002;
Marxist academician Giles quotes British Marxist Chris Harman to explain that “the strength of
Autonomism is that it celebrates initiative and creativity from below and it seeks to reject
compromise with the system,” (Giles, 2007: 92). The refusal to join the Peoples’ Alliance for
Democracy (PAD) in the November 2008 political upheavals in Thailand has been described as
an indication of the fact that the AOP leaders were worried of being dominated by conservative
forces inside the PAD. They were also against the call by the PAD in April 2006, for the King to
appoint a new government under 7 of the 1997 Constitution. After the 19th September coup, the
AOP also took a principled position against the junta. But not just that they also opposed
Thaksin (Ibid.).
The emergence of grassroots movements in Thailand which still maintain a considerable radical
face, are a result of the Thai state’s neoliberal development policies, with attendant processes
of polarized development: concentration of income and wealth on the one hand, and
marginalization (social exclusion) of majority of the population on the other (Suthy Prasartset,
2004: 140).
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MAINS Thesis, 2009
Many people interviewed during the last one year as part of visits to study political
developments seemed to connect radicalism in civil society with organizations working for the
Movements like the AOP and farmers groups like the NGO coordination committee on
Rural Development) have grown out of the political spaces that opened up since the late
eighties. These groups position themselves against the exploitation and domination by
the state. The oppositional campaigns led by these groups against the state have in
return created the autonomous spaces for social and political reforms. The emergence
of these NGOs and grassroots movements have a history of oppression by the state.8
While the approach was to resist the state’s policy of marginalizing the poor and the
becoming active political actors in the reforms process. The formation of civil society
groups against the state were mainly to protect peoples’ lands and natural resources
and this can be described as a new kind of movement, that did not espouse communist
The AOP is a good example of a grassroots organization that has a political character in that it
has been using the non-state public sphere, free of government control, to ensure that political
decisions are taken in the public interest. This has enabled the Forum to be categorized as a
8
Interview: Somsri Hananuntasuk, Human Rights activist and Executive Director of Asian Network for Free Elections. Former
Chairperson of Amnesty International Thailand.
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MAINS Thesis, 2009
democratic organization, not in the sense of representative liberal democracy, so much as
University with witness from NGOs from 10 countries (Prapass, 1998: 68). The goals that the
AOP set to pursue basically included collective struggle for legitimate rights, and social justice
besides other immediate and long term goals such as the struggle for land rights for both rural
centered development policy, political reform including decentralization and the reform of the
bureaucracy, and participatory democracy or grassroots democracy (Prasartset, 2004: 149). The
author argues that the AOP goals which range from rights based issues to those that benefit the
In her detailed survey of the AOP’s activities Thabchumpon argues that “the struggle of the
forum goes beyond interest group politics to issues of structural socioeconomic inequality.”
Notwithstanding the fact that the Forum is a marginalized group and electoral politics has not
democratic policy (Suthy, 1998: 5; Baker, 2000: 5; Somchai, 2001:183; Missingham, 2003: 23).
Under its horizontal network structure, The AOP’s components comprise the Anti-Dam Network,
the Land and Forest Network (under the umbrella of The Northern Farmers’ Network and The
Assembly of Isan Farmers), the Network of Groups affected by State Infrastructure Projects, the
Council of Sick Workers with Occupation-Related Conditions, the Slum Dwellers for Democracy,
the Alternative Agriculture Network, and the Southern Federation of Fisher Folk.
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MAINS Thesis, 2009
Many authors have used the growth of the assembly as also a case reflecting the discriminatory
practices of the Bangkok based ruling elite and the rural poor. In the direction they underscore
the importance of the Assembly as a significant player to create a strategic balance of a new
political force in dealing with the government to address their difficulties. Quoting Wanida
intensifying conflicts over natural resources forced grassroots NGOs and peoples’ organizations
to work together in order to increase their bargaining power with the state. (Thabchumpon,
2006, 78). The author says, “in order to emphasize the issues of the negative impact of
development policy and the problems of dislocation resulting from developing projects, the Pak
Mun Dam was selected as the best place to establish the Forum (Assembly). The Dam was
chosen because of its centrality to the persistent and innovative forms of resistance created by
the Anti Pal Mun Dam Movement (APMDM), which were seen as a potential inspiration to other
organization.”
There were various kinds of responses which were a result of interviews conducted as part as
part of the study. The respondents included AOP members, academicians and other Civil Society
groups.
AOP started off as a very strong oppositional force as it worked for the people rights
and bargaining power of the people which forced the Government to listen. The political
situation in the past had created good conditions for the AOP movement. The
Government in 1997 under Gen. Chavalit Yongchaiyud was weak which was in contrast
to later situations when the government was getting stronger and stronger and did not
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The AOP worked extremely hard with the people on the ground to preserve their rights
to land, culture and livelihood. The governments before Gen. Chavalit did not solve the
people’s problems and instead there were attempts to occupy people’s lands. The AOP
got support from local NGOs who had worked on the ground and this allowed them to
build strong network in villages and provincial levels and in the process had real
network in many sub-regions. AOP could force the government to comply with 18 of
their demands and could get compensation of 700-800 million baht against
The AOP is one such organization which I believe represents a powerful force that
opposes the state like the Left but is against armed or violent confrontation as its
leaders believe that gunfights against the government had proved ineffective, and that
solving conflicts through legal procedures was also useless. They adopt a policy of
Marching with the poor to the city to raise their voice against exploitation by the state.
The AOP march to Bangkok with farmers groups like North Net during 1998, 1999 and
2000 are good indications of the way the AOP worked as a grassroots progressive
organization.
The work and programs which the AOP has been engaged in since its inception is a clear
indication of the fact that they question fundamental issues of democratic politics. This gives the
AOP a political character, notwithstanding their ideological pattern, that ignores politics and
political parties.
9Prasittiporn Kan-Onsri Former Advisor of the AOP. Currently member of Amnesty International Thailand
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A few of the other examples of groups that could be regarded as autonomists and yet reflecting
a radical face in Thailand political landscape are the NGO Coordination Committee on Rural
Development (NGO-CORD) which was formed in 1985. In 1990 the northeast NGOs established
four working principles to (1) strengthen local people’s organizations (POs) and occupational
network groups; (2) develop alternatives so as to increase farmers production; (3) conserve and
preserve natural resources, and protect the rights of people to farm land and common property
resources; and (4) elicit the cooperation of the various social action groups and pressure groups
(Kultanan, 1994)
On the same principles other organizations that came up around the early nineties on a
somewhat similar principle were the Assembly of Northeastern Farmers and the Assembly of
Small Farmers which were established in 1992 to watch over land and forest conflicts in the
north eastern region. These formations were mostly reactions against the government plan to
erect the Council of Agriculture. Peasants feared that this would only benefit large agribusiness,
who would be disproportionately represented in the council and who would influence national
In South Korea too besides the extremely radical labour movements grassroots people’s
movement as a whole, has been on a progressive course covering a wide area of professional
activities.
for Healthy Society in November 1987, The Joint Commie for Migrant Workers in Korea
in July 1995, Minbyun: Lawyers Association for a Democratic Society in May 1988,
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MAINS Thesis, 2009
National Congress for Reunification in July 1994, National Campaign for Eradication of
Student in 1993, Korean Teachers and Educational Workers' Union in May 1989,
Academy Council in November 1988, Jinbo Network in November 1998, and others
These network organizations have driven the democratic reform of the former dictatorial
regime and have done reform movement, including campaign for overcoming the dictatorial
legacy and correcting economic and social structures distorted during the dictatorship.
The rapid growth of white-collar workers too was arguably significant in the advancement of the
grassroots movements. The white-collar movement during the 1990s spread to diverse sections
in the service industry. Successful unionization occurred among hospital workers, transportation
workers, communication industry workers, newspaper and television employees, university staff
and intellectuals (Koo, Hagen. 2001: 196). Though law blocked any moves to incorporate civil
servants into the movement, progressive teachers went ahead and set up the National Teachers
Union (NTU) and waged a struggle for their legal recognition. As many as 1,500 teachers were
The grassroots movement changed its character and experienced increased solidarity with
labour movement taking the lead. The popularity of the labour movement within the trade
union movement played a crucial role resulting in diverse effects. The organizational
characteristics in the solidarity was evident from the participation of the Korean Confederation
of Trade Unions and the establishment of the National Association for Democracy and
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MAINS Thesis, 2009
Reunification in December 1991, covering all the grassroots people’s movement in most local
Though Autonomists like AOP presents a radical face by ignoring the existence of the
state, they are closer to Right wing reformists. The inclusion of AOP under the Good
governance policy which is an elitist concept framed by a group of Thai intellectuals too
adds to complexities regarding a firm ideology based orientation amongst Thai radical or
progressive groups.
While on the one hand the role of the AOP and other progressives in increasing the
visibility of the poor and the marginalized communities cannot be negated, their ability to
induce significant policy change has been found wanting which has led to contributed to
the urban-rural class divide in Thailand. The policy of the AOP to march to Bangkok
causing traffic jams has been disapproved by Bangkok based middle class, who feel that
There is also no denying that AOP represents an important non-party political formation
that goes beyond parochial interests, but it can be argued that to deal with the class power
of a capitalist like Thailand for achieving broad based distributive justice objectives, a
political party of workers and peasants is needed. In this context Giles argues that by
rejecting a formal political party in favour of loose networks, the AOP fails to build
democratic structures within its own organization (Giles, 2007: 96). This is perhaps why
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MAINS Thesis, 2009
“The Assembly of the Poor is led by unelected NGO activists rather than by poor farmers
The other aspect that needs to be considered is while social movements in Thailand may
have been effective, in one form or the other, through grassroots democratic movements
for instance the labour movement is immature, divided and is often co-opted by powerful
patron and hence it remains a weak link. (John Girling, 2002: 266)
There are contradictory views on the formation of class consciousness in South Korea with many
arguing that the post 1987 Korean labour movement owes little to the earlier struggle and that
Korean workers arrived at this stage largely because of structural changes in the working class
The contribution of workers towards the democratic struggle cannot perhaps be undermined,
but that should not be taken as a justification of the inherent contradictions that seem to exist
or which have possibly not found a convincing explanation to end the controversies surrounding
labour movement.
To start off with many well researched labour scholars have tended to ignore the historical
process of class formation prior to the Great workers Struggle of 1987. Hagen Koo for instance
shows that even some of the most thoughtful labour experts seem to slight the significance of
the pre-1987 struggle in the historical process of class formation in South Korea (Koo, Hagen.
2001: 184). For instance labour expert Lim Young-Il has been quoted as saying that “prior to the
1987 Great Worker Struggle, the Korean working class had never become a major actor or a
variable in class politics” besides “during the entire period from 1961 to the 1987 Great Worker
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MAINS Thesis, 2009
Struggle, the Korean labour movement had not shown a process of advancement to even the
However, Koo argues that understanding the Korean labour after 1987 as being discontinuous
would be in an incorrect analysis. His argument is based on the premise that historical class
formation during the 1970s and the construction of the labour struggles in the 1970s and early
1980s with young women workers playing a dominant role; set the stage for the explosion
Varied arguments continue to surface about the role of women, in particular their
marginalization in the movement after 1987. The ignorance of women’s contributions towards
building the labour consciousness and instead holding it as an obstacle has perhaps created a
prejudiced understanding of class formation in Korea. Lim Young Il’s argument depreciating the
class character in labour struggles during the 170s when women played a leading role perhaps
provides a critical understanding of why women’s role in labour movements were considered as
Moreover, there have been questions raised about the role of labour in the years of democratic
consolidation which have found both positive and negative connotations. Yoon Kyung Lee
provides a two-sided picture. The author argues that if democratic consolidation can be defined
as institutionalization of democratic rules and practices, then Korean labour movements, which
force that represented the interest of the working class, something which established political
parties failed to do, have made contributions towards the democratic consolidation process in
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MAINS Thesis, 2009
However, on the other hand she is skeptical of the labour movements for apparently losing their
objective to represent the socially weak population and instead organizing themselves around
“the interest of better off workers, engaging in mobilization politics of entrenched interests,
The moral strength of the Korean labour movements which was instrumental in providing a
source of strength for demands of humane working conditions and social justice is also said to
be waning out. (Koo, Hagen. 2001: 192). Instead of mitigating polarities in class politics, it seems
like the Korean labour movement became one of the culprits of creating polarities in the labour
market and heterogeneity in workers’ interests and identities. (Lee, K.Y. 2003: 59).
The state has played a crucial role in disabling labour movement to a great extent. The economic
union for which labour movement are increasingly criticized was largely a creation of the
Government which used it as tool to contain the labour movement and to prevent it from
becoming a political force and possibly a left political party. The formation of the Federation of
Korean Trade Union (FKTU) is perhaps an indicator of state led intervention to nullify organized
labour. Workers in large firms were gullible enough to be included under the unionized workers
system by the employers, which was changed strategy to suppress organized labour.
Employers, especially in large firms, wanted and were able to pacify unions by accommodating
to workers’ union demands. For unions, too, it was easier to mobilize their members for
immediate economic benefits than to call for an action for social democratic agenda. Along the
years, unionists have developed the taste of enjoying the benefits of being “insiders,” ignoring
the gravitating working conditions of “outsiders” in the labour market (Lee, K.Y. 2003: 60).
3.4 Conclusion:
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MAINS Thesis, 2009
The progressive or popular movements in Thailand and South Korea are relatively contrasting in
character owing mainly to the genesis of unique political conditions following democratization.
In Thailand labour movement has got entangled along partisan political ideas, often co-opted by
powerful patron and therefore does not represent a progressive force. Grassroots movements
instead adopted a radical position against a repressive and manipulative state, but in South
Korea labour movements survived the onslaught from the state and capital, despite severe
What may be described as a common feature though is a certain class of people, mostly the
poor; peasants and workers who represent the marginalized groups played a key role in the
struggle against the state and capital. The movements brought the marginalized communities to
the forefront in their struggle for equal humane treatment and for enhancing either their
A high point in Thailand is that inspite of the fragility of Thai politics which is deep-seated in
corruption and class divide, the ability of civil society organizations to resist the state’s
monopoly on information and resources, has created sufficient room for strengthening
grassroots democracy. For instance organizations like the AOP and others continue to pursue
their agenda of liberating the poor and farmers from the clutches of state and capital and create
a system of self-governance which can check both direct and indirect exploitation by the state.
In South Korea, labour may not present the synergy which it once did to remove military
dictatorships, but it still plays a leading role in building solidarity across various groups and
associations to oppose repressive and top down undemocratic policies of both state and capital.
Moreover, the labour though divided along various factors such as narrow trade unionism and a
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MAINS Thesis, 2009
fast growing section of irregular and unstable workers, it still remains a strong force to challenge
the capital-labour exploitative relationship thereby providing sufficient justification to say such
conditions makes the labour movement more progressive. Labour activists believe that
arguments that tend to paint the Korean labour movement in a poor light usually originate from
However, when compared to South Korea, the progressive movements in Thailand may tend to
represent more of the new social movements, which will be discussed in the subsequent
chapter, in Korea that revolves around issues concerning rights to land, natural resources,
environment and food. But given its ideological base in Autonomism, it has been usually
regarded as a movement that has a popular base like the labour movements.
The grassroots civil society groups in Thailand have clearly demonstrated that their movement is
aimed at establishing a form of democratic structure that caters to the needs and aspirations of
the people at the grassroots. The Grassroots democracy movements have been striving for wide
ranging reforms of the bureaucracy and decentralization of power so that local communities
and people’s organisations are included in the decision-making process. The actions of groups
like the AOP and other grassroots based organizations which has struggled for the rights of the
borrow the word from Suthy Prasartset (footnote: Victimised communities to Movement
In South Korea, labour movements since the great democratic struggle in 1987, has undergone
tremendous changes, which I argue as having provided a ‘mixed bag outcome.’ Borrowing on
arguments from different analysts it can be argued that labour movement has been a key
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MAINS Thesis, 2009
and practices. Labour movement has been at the heart of working class struggles that
challenged the government’s monopoly of industrial relations policy–making. But on the other
hand it has also been criticized for failing to prevent an internal differentiation that divided the
In the final analysis it can argued that the grassroots progressive movements in Thailand and
South Korea has to be looked at from a historical context as given their genesis as movements
that set the tone for the democratic struggles in both these countries, it is only but natural to
build enormous expectations on these movements for challenging the powers of the state. The
real problems with the grassroots peoples’ movements, including labour movements is that it
ignored broader community issues and not looking beyond the realms of their own concerns.
This perhaps prompted progressive intellectuals and former activists of the democratic struggle
period to start the citizen’s movements, which is undoubtedly the most important factor for the
emergence of the middle class led social movements or new civic movements in the 1990s.
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Chapter 4.
4.1. Background:
The concept of civil society and even more so the emergence of the idea of new social
movement has been subject to extensive debate with many scholars arguing that it is a western
construct and therefore cannot be applicable to the Asian context. However, its increasing
relevance in the late democratizing states in Asia cannot be ignored and dumped as a western
thought. But, the purpose of this chapter is not to engage in a debate over the historical
evolution of the concept nor its usefulness in the Asian context, as it the beyond the scope of
this study. The essential idea is to continue to the theoretical framework of analysis on the
differentiation model a part of which has been discussed in the previous chapter already.
In this chapter the need to examine the causes of emergence of new civil society organizations
and their role in the process of democratic consolidation in Thailand and South Korea will be a
key focus area. An attempt will be made to understand the theoretical interpretations regarding
the ‘newness,’ of these ‘new movements’ and the nomenclatures used therein to describe them.
The new social movement of civil society is often associated with the shift from ‘old’ to ‘new’
politics which is believed to create sufficient opportunities for providing a new public domain.
The concept of ‘new’ is however subject to different interpretations. Habermas argues that
conflict between capital and labour is no more the concern or the core issue in advanced
capitalist societies, where the momentum of the conflicts have shifted towards ‘colonisaton of
life-world’ (Edwards, 2004: 113). Edwards however questions Habermas in that she argues that
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MAINS Thesis, 2009
while anti-corporatism generates public debate through a struggle against the ‘colonisation of
the life-world’ by an expanding global economic system, the ‘old’ politics of labour are very
much part of an anti-corporate activity. This then begs the question of what exactly is ‘new’ for
Habermas. (Ibid)
The new social movement or new civil society organizations are considered to be different from
the old order, in that they aim to initiate reforms within the existing political systems which
were not just about changing the nature of state power, but also about self activity within
society, outside the realms of the state (Cohen & Arato 1997:493).
Many critics of the new social movement and civil society believe that following on from the
“collapse of confidence” in a Marxist alternative to capitalism in the 1980s, the ideas of the
“new” social movement and “civil society” became dominant among former Left activists and
academics and those involved in social movement who sought to bring about democracy and
These authors argue that the distribution of power within society and state society relations
must be examined critically to understand the limitations with civil society and new social
movement theories. The theories have been described as assumptive by scholars on the pretext
that these theories base their arguments on assumptions that the state can somehow be
According to Giles the model of state and society as it is constructed under the framework of
new social movement of civil society assumes that “there is no alternative to free-market
capitalism and parliamentary democracy where voters are free to choose or mandate those who
control the big corporations that dominate the means of producing wealth in society.” He
extends his argument using Italian Marxist revolutionary, Gramsci’s explanation that the whole
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MAINS Thesis, 2009
idea of civil society and the so called independent institutions in society which are claimed to
reduce the power of the state, are under the hegemonic idea that there is no alternative to the
current set-up. In other words, civil society strengthens the stability of the democratic capitalist
In Thailand for example the study of civil society organizations in terms of their evolution as new
social movement groups has been interesting. Any study on civil society organizations especially
those pertaining to the current understanding of new social movements has to be studied from
the openness of the political space provided by the state as well as the perspective of the
general public regarding extra-parliamentary democracy. This is perhaps because there is very
thin demarcation between NGOs which are independent but depend on foreign funding and
those that are state led and are more elite in character. However, all these are included in the
However, the demarcations are much more clearer and distinct in the case of South Korea
where the new civic movements called Shimin Undong are considered more autonomous and
free from the control of the state, in other words, almost fitting the now accepted “non state
public sphere,” definition of civil society. The new civil society groups are considered moderate
which differentiated themselves from the progressively oriented grassroots people’s movement,
which has led the anti-dictatorship movement, and established themselves as a kind of new
movement with its own independent identity. This new movement is characterized as 'liberal' in
The Korean case in somewhat unique in that it is often used as an example to show that while in
other regions of the world civil society was rapidly demobilized and deploiticised, in Thailand for
example even after the change from dictatorship to a democratization phase the elite
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MAINS Thesis, 2009
bureaucracy continues to influence most civil society groups, in South Korea the civil society that
is represented by the new social movements has been playing a significant role in the politics of
democratic consolidation.
For a more detailed account each of the two countries the emergence vis-à-vis changes in the
civil society movements will be analysed one alongside the other and finally the two situations
In the early years of democratization in Thailand, opposition to oppressive state actions often
was through resistance and rebellion. During this period the emergence of the civil society was
slow. The beginning of the emergence of Civil Society is recorded very early in history, but in this
research the growth of civil society against an authoritarian state will incorporate developments
since the 1970s when the student movements, environmental movements and policy advocacy
initiatives of the NGOs in the 1980s, the new middle class mobile-phone mob in the May
incident of 1992, the Assembly of the Poor of 1995 and the People’s Anti-Corruption network as
well as several groups pushing for further political reforms in 2000, were all part of this ongoing
anti-state extra bureaucratic political process. They have all been the constituent elements of an
In the South Korean context the consequences of the Great Democratic struggle (Yuweol Minju
Daehangjaeng) has to be taken into consideration. This struggle led to the creation of
“autonomous free spaces,” in the political and social arena. The outcome of the movement
which in essence meant weakening of the dictatorship can also be viewed from the context of
10
Civil Society and Good Governance: A New Chapter in Thailand’s Political Reform? 213 Chantana Banpasirichote
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MAINS Thesis, 2009
revitalization of the civil society. According to Cho Hee Yeon weakening of the dictatorship also
meant greater freedom and recovery of formal democracy that included free press and free
elections. The movements for democratization in a way created a restructuring of sorts where
complexion of civil society changed towards a more self-empowering position which also
brought about drastic mindset change. The “self-empowered revitalization,” (Cho, H. 2005: 7) is
said to have made people believe that they are much different than what they used to be. This
attitudinal change has also been extended to other diverse group actors, including class,
Though it may seem to be true that civil society in Thailand and South Korea grew along the
principles of adopting a more non-confrontationist approach with the state, the end results
were not the same. That is to say the social cleavages that opened following the emergence of
In Thailand the civil society movements grew along different lines. Chantana Banpasirichote
explains that the non-state actors who were engaging in political and policy arenas were to be
found in two categories: student movements and the NGOs. This was followed by involvement
politics transformed the traditional bureaucratic polity into a new form of liberal corporatism.
Many of the grassroots organizations and environmental and political reform NGOs do not find
such corporatist relationship with the state fruitful. Their experiences of cooperating with the
Government in the past have not worked well. Pressure politics through mass mobilization and
public campaigns through mass media are still the preferred approaches for the grassroots
movements (Ibid.).
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In contrast in Korea the change towards new social movement is supposed to have generated a
new kind of awareness of civil and political rights as well as political consciousness. There was
more awareness for legal protection of rights guaranteed by the Constitution, marking a sea
change from the situation during the dictatorship regime when the first Constitution was
legislated in 1948 which did not provide protection to citizens and uphold their political rights.
The Governments that came to power after post-dictatorship had no option but to respect the
wishes of the people to accord legal protection to rights of the citizens. No doubt, the people
had been “reborn as a modern public in the process of overcoming the dictatorship through a
process also led to vital structural changes as well. People were now organized along different
lines of class, identity, minority groups, women and so on which was more of an expression of
collective behavior, in the form of organizational associations to press for their demands.
Contrary to the psyche that prevailed during the undemocratic regimes, when there were more
convergence between civil society groups, democratization brought about significant changes in
that it created issues of distributive justice with minority groups making their position clear on
This attitudinal change resulting in creation of new social movements has been described as an
outcome of the breakaway from the main radical minjung (poor people) movement influenced
by the upheavals in Eastern Europe, the expansion of the middle class and the development of
In South Korea, the differentiation in social movements, as has been discussed in the above
paragraph, brings to fore, an important dimension of change in Social Movements in the post
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MAINS Thesis, 2009
dictatorship period, that is emergence of a ‘civil movement,’ (Simin undong).11 Simin Undong is
believed to have been created by the moderates in the former movements which confronted
the dictatorship. The aim was to carve out its own identity different from that of the more
In Thailand perhaps the concept of civil society (Pracha Sangkom) would come closest to
describing a partial meaning of Simin undongs. The former concept is more elitist and is based
on the principles of ‘good governance,’ which includes the state as one of the key components.
What is interesting to note in the Thai case is that though Pracha Sangkom—literally the society
of the people—is explained by authors like Banpasirichote as not signifying state, market and
society as separate entities. The author says that the term “expands the earlier conception of
collective action as the territory of student activists and NGO movements.” (Banpasirichote,
2006: 221)
The concept of pracha sangkhom is mired in debates. It is contested by authors like Pasuk
Pongpaichit (1999) who argues that the approach is largely urban with roots in the modernist
middle class (Pasuk 1999: 26). She says that this approach has its faith in industrialization,
modernization, and liberal representative democracy. “This approach has adopted the term
11
The 'Simin Undong' can be called in South Korea diversely: citizen's movement, civil movement, civil society movement, NGOs, and
so on. It is identified as the South Korean type of 'the new social movement' in the Western context, while the people's movement is
defined as 'the old movement'. 'Simin Undong' implies many characteristics of the new social movement, but cannot be defined as
completely identical. Here I use the concept of civil movement for it. In the Asian context, the civil movement and NGOs are
perceived as specialized movements on specific issues, sometimes funded by foreign donor countries. However, the civil
movement in South Korea has quite a popular base and its budget comes from domestic sources. In addition, the grassroots people’s
movement (Minjung Undong) is not a movement of the general public, but that of the lower classes, including the working class,
peasants, urban poor and others. Therefore, it is identified as the 'lower (Keecheung) grassroots people's movement. (For further
understanding, see Koo, Hagen, 1993, "The State, Minjung, and the Working Class in South Korea", Hagen Koo ed., The State and
Society in Contemporary Korea, Ithaca: Cornell University Press). In addition, the concept of civil society is used here to cover the civil
movement and the grassroots people’s movement as well, based on interpreting the civil society in a broader sense.
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pracha sangkhom to translate “civil society” and has been active in strengthening community
Users of the term pracha sangkom often include the state and some of the institutions of the
market in the idea of civil society and that it is also taken as a teflection of consensus
(Banpasirichote, 2004: 213). Banpasirichote quotes Praves Wasi, a respectable social critic, as
proposing a coalition of benja parkee, or five partners in the civil society such as: The academic
She continues to explain that in practice different actors, attributing different connotations to
pracha sangkom seem to use it primarily to justify their own political actions. For state actors
civil society has become a concept that valorizes a corporatist relationship with the state,
promotes consensus and calls for public responsibility. This is currently the dominant perception
The concept of Good Governance, Thammarat (meaning ‘the righteous state’), which has been
often been tagged to pracha sangkom was invented by a group of academics from Thammasat
University to overcome the financial crisis of 1997. The group wrote a letter to the government
demanding that it applies the principles of ‘good governance’ in handling the crisis.
Thirayuth Boonmi, a theorist of good governance observes that ‘good governance’ is the
interactive relation between the state, the private sector and society which would lead to a
transparent, efficient government and economic sector, and at the same time increase popular
participation, reduce state power and strengthen civil society (Thirayuth,1998a: 12)
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MAINS Thesis, 2009
However, good governance (see annexure) is also seen as part of the State led civil society
syndrome, which is an elitist idea that emphasizes cooperation between state and social
organizations. Theorists who propound the idea of a state led society believe that the state is a
strong actor in the process of social justice and all forms of cooperation with it would bring
meaningful change. Noted author and social thinker Chai-Anan Samudavanija too argues that
civil society is a partnership of the state, the private sector and the popular sector. (Chai-Anan
For this school of thought the state must play a key role in the efforts to construct Pracha
Sangkhom or civil society in Thailand. They reject the idea of excluding the state from civil
But, even while accepting the fact that state led civil society growth has been more dominant,
on the other end of the spectrum there are interesting features which provides enough room to
differentiate civil society groups that are anti-state and more confrontationist in their approach.
According to some school of thought the organizational forms and political strategies embraced
by civil society groups vary by issue area. (Simpkins, 2003: 261). NGOs concerned with “hot
issues” (praden rohn) which are often associated with representing farmers from northern areas,
may share overall goals of social justice but disagree on how to achieve it. They do not fancy
cooperation with government officials, and tend to take on the role of troublemakers—the need
Some species of NGOs whose members have been part of the democratic struggles and likely
supporters of the CPT, have now transformed themselves as civic educationists. Such groups
play a crucial role in political development in that they focus on nonpartisan projects such as
voter education and election monitoring, while not interfering with government affairs or
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MAINS Thesis, 2009
confronting other groups. (Ibid, 271). The case of the Poll Net and Asian Network For Free
The reasons for differentiation with civil society groups is primarily because of impacts of
globalization which have compelled many activists who are part of NGOs to look at new
concepts of social movements. This is also because the government authorities cannot
assist the people achieve their needs. People and social groups have developed more
attention in social and worldwide development and therefore they are now willing to
work for social welfare and justice in their own terms. New civic social groups are
moderate in their approach, as for example, The Campaign for Popular Democracy, The
Human rights groups, Women in Development groups. The Consumers Protection groups
and others who use the autonomous social and political spaces that have been created
by democratization to seek justice through legal means. Since 1997, Thailand Civil Action
groups began to involve in National Development and these initiative are aimed at social
Thailand (CFT), Thailand People's Network Against Corruption (PNAC), Friend of Women
(FOW) and State Enterprises Relations Confederation (SERC),” as some of the new social
movement civil society organizations that are different from the grassroots movements
12
Interview with Surasavadee Hunpayon, Lecturer Thammasat University and member of Poll watch Foundation
13
Interview with Sakool Zuesongdham, Poll Watch, Thailand by the author.
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In fact new actors started occupying the political public sphere after the May 1992 incident
which is also said to have led to constitutional and political reforms, mostly under pressure from
several civic groups. The most important event in contemporary history however has been the
promulgation of the Constitution in 1997 which is said to have provided enough open spaces for
civil society groups to emerge to monitor the political reforms process. A few of the groups
which emerged as a potential force include the campaign for Popular Democracy, the federation
of Democracy, the Protection of Civil Rights and Freedom Group and the Institute for Political
Development.
The civic movement in South Korea took a more formalized orientation in 1989 with the setting
up of the Citizen's Coalition for Economic Justice (CCEJ). The CCEJ (called Kyungsilryon in South
Korean) was set up with a view to essentially undertake social reforms by using more legal and
non-radical ways. The CCEJ’s primary focus was to work for ensuring economic justice especially
in the face of rise in price of house and land. CCEJ aimed to fulfill its objectives by shunning all
ideas that promoted a confrontational approach and instead stressed on the need to work for
justice through cooperation and peaceful means. This core value created a separate identity and
popularity for the CCEJ which also attracted many “likeminded intellectuals and ordinary
citizens,” (Cho, H. and Park W. S. 2003:3) who were not keen on radical approaches to join the
movement.
The emergence of new civic organizations like the Peoples’ Solidarity for Participatory
Green Korea United (GKU) are a few examples of such movements which was described
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Movements becoming more diverse owing to the situation that activists of the
new political subjects and positions opened up and we had to move ahead by
allowing the people to diversify into any different areas so as raise the level of
society. In that doing each movement grew in strength and worked together.14
As many as 38 came together under an umbrella organization called Korean Council of Citizen’s
Movements (Han’guk Simin Tanch’e Hyobuihoe), created on September 12, 1994. According to
Sunhyuk Kim, at the beginning the membership of this organization were drawn from a wide
variety of social groups: religious groups (Buddhist, Protestant, Tonghak, Won Buddhist),
women’s groups, the consumer movement, the reunification movement, the movement for
educational reform, and organizations for the handicapped (Kim, 2004:148). Most of these
groups have been advocating a new social activism in Korea which is in contrast to the people’s
movement groups (minjung undong tanch’e) that has been trying to find a new identity in the
Arguably civil society groups like the KFEM represents not just an environmental movement but
a crucial phase of the citizen’s movements that was initiated to play a check and balance role so
as to prevent the state from using aggressive development policies to marginalize farmers and
the poor during the democratization phases. The fact that KFEM joined bigger networks like the
Korean Council of Citizen’s Movements (Han’guk Simin Tanch’e Hyobuihoe) to advocate a new
14
Interview with Kim Je Nam Policy Committee representative, Green Korea United, Seoul.
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social activism perhaps provides enough basis for a rational judgement about environment
The above argument is advanced by other students of social movements who argue that
environment movements like the KFEM played a decisive role in the chapter of the citizen’s
movement in South Korea during the 1990s to join other groups and “change the image of social
movement from violent protests in the streets against the authoritarian state to peaceful
movement taking place out of concern for ordinary citizens, usually associated with
consumption, education, housing, the environment, and gender equality.” (Shin, 2006: 6)
Those that have delved deep into the politicization of the social movements in South Korea,
believe that organizations like the KFEM are serving a larger role. Cho Hee Yeon describes this as,
“……Some activists from KFEM and other organizations created The Green Political Committee
to promote the political entry as an independent party with ecological agendas. However, this
group is now trying to make itself a stepping stone for an environmental political party,
including environmental political education and propaganda among its agenda, based on the
supposition that it will take a long time for the green party to take a root in the South Korean
candidates. In June 2004, it renamed itself 'Korean Greens (Chorok jeongchimoim) to cover more
KFEM which is an offshoot of the Korean Research Institute of Environmental Problems which
was transformed into the Korean Anti-Pollution Movement Association (KAPMA) represents an
important coalition in the non-state public sphere. It has been described as a coalition that can
still lead coalition campaigns against authoritarian power but focuses mainly on moderate
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advocacy for sustainable and environmental-friendly industrial structures, development and
technology to preserve the ecology and making it safer for people to live (Cho D., 2005:74).
Director of KFEM, The Head Office of Environment & Health Lim Ji Ae described environmental
and economic advocacy issues as being only a part of the movement, that aids in the building of
better coalition for the struggle for widening the democratic space.
Environment movements acted as a catalyst and were set up at a time when popular
movements like labour movements did not provide much alternative with focus only on
their own issues. It was an important phase which should not be simplified to an
alternative movement only, but should be addressed more critically to understand how
new directions and goals were set by other social interest groups. 15
The KFEM has concentrated on a number of focal projects: focal projects have included for
example, preserving clean water; reducing air pollution, increasing international solidarity in the
The way civil society has grown perhaps serves as an indication of the measure of contribution
by civil society towards democratic consolidation. But this is not to say that countries like
Thailand and South Korea has stabilized the process of democratic consolidation. In these
emerging democracies, one of the challenges facing them is how to make democratic
consolidation possible. This is where role of the civil society groups assumes great significance to
15
Interview with Director of KFEM, The Head Office of Environment & Health Lim Ji Ae
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ensure that a reversal to authoritarian rule is not possible. In this context the role of the elites
which is represented by the ruling class, decision makers, top government officials,
fact that in democratization of Asian countries like Thailand and South Korea the role of elites’ was
pre-eminent, it must also be realized that civil society organizations active participation in the whole
process was very crucial. They generated political pressure for reform, leading to the liberalizing of
In Thailand for instance the three broad categories of NGOs which have been identified by
researchers based on their political role include those that emphasise politics of cooperation.
NGOs in this category, which are closely linked with state agencies or policies in a number of
areas include the Population and Community Development Association (PCDA), the National
Council on Social Welfare of Thailand (NCSWT) and the National Council for Child and Youth
Development (NCCYD). The second category includes civil society organizations that strongly
support grassroots movements (Thabchumpon, 2002:187). The AOP and other likeminded
organizations are a few examples whereas the third category exmphasises political
In the rural sector village based and grassroots civil society groups have participated in
A few of the high points in civil society activation oriented towards policy changes and political
decisions can be traced as far back as 1995 when after continuous struggles the Electricity
families who lost their fishing careers owing to the construction of the Pak Mul dam. The cabinet
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decision to stop the construction of the Kaeng Krung Dam in Surath Thani Province to generate
hydropower in the early nineties is another example of influencing political decisions towards
upholding people’s rights over land and natural resources (Wandee, 2000: 89).
Any discussion on Thai Civil Society cannot be understood without the aspect of the urban-rural
class divide. The Thai civil society is divided between the Bangkok based elite urban civil society
and the rural popular civil society. (Vitit and Taylor 1994:47). The elite-urban civil society which
comprises of progressive civil servants, the business community and the middle class is growing
and gaining more political power. Whereas the rural based society has been virtually left out of
the political process except for their role as voters during elections. This had led to the creation
of grassroots NGOs in villages which are pushing hard for establishing grassroots democracy in
But there are civil society groups that have grown along the lines of new social movements
which are similar to Simin Undongs in South Korea, the ideological differentiation patterned
According to Sakool civil society groups like the Human Right’s Watch have confined its
role to monitoring all human right abuses in the country, especially the southern part of
get PTT back to the public. The PNAC and the brought crooked politicians and their
supporters to book by sending them jail on abuse of power which was complemented
by the SERC which joined People Alliance of Democracy (PAD) to oust power-corrupt
and non-legitimate governments. The FOW have also influence legislations and laws to
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protect women and their children from sexploitation and harassment by politicians and
influential figures.16
Similar arguments about the increasing political role of civil groups in Thailand was
aired by Ratchada Apronslip, in that groups like the CFT has been covering many areas
degradation and food safety&security, health care, etc under common goal. She
analysis these activities as “diverse in terms of legal amendment and drafting, raising
Besides many women’s groups in Thailand such as EMPOWER, and Friends of Women
Foundation (FOW), which started as charitable organizations to protect and help disadvantaged
women in the rural sector and in prostitution, have been instrumental in affecting significant
policy changes. The Reform in 1982 of the Local Administration Act (1914) which triggered a
movement for the inclusion of women as village and district chiefs is a case in point. FOW
campaigned on specific issues such as treatment of women in police custody and worked with
government agencies in producing surveys and framing possible areas of state intervention.
(Doneys, 2002:169)
The creation of more politically active organizations in the late 1980s led to change of
perception about political systems which began to be viewed less as institution to oppose but as
targets to include a wider framework for political demands concerning women’s rights. The
necessity which was felt at that time was to make political systems more democratic and more
objectification of movements led to formation of the Association for the Promotion of the Status
16
Interview with Sakool Zuesongdham, Poll Watch, Thailand by the author.
17
Interview with Ratchada Arpronslip, NGO activist Thailand
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MAINS Thesis, 2009
of Women (APSW), the Gender and Development Research Institute (GDRI), the Gender watch
Group (GWG) and the Women in Politics Institute (WPI) (Ibid. 171).
Doney argues that during the period between late 1980s and the early 1990s, Thai women’s
movement illustrates “the politicization of social life implied in the concept of the public sphere,
where reform is shaped from outside the state.” While media and other discursive mechanisms
such as conferences, hearings and seminars were used to end discrimination, women’s groups
successfully launched specific campaigns to bring about policy changes. The Prevention and
Suppression of Prostitution Act (1996), which transferred criminal responsibility from the
prostitute to the customer and to sex trade establishments can be taken an example to highlight
In a more recent trend there have been sufficient trust from civil society to closely monitor the
electoral process so as to ensure that corruption is checked at its origin and it allows for a more
clean and healthy parliamentary form of governance. The role played by civil society groups like
ANFREL, Poll-Net and Poll watch since the late nineties till now has led to indirect political action
which too like the women’s movement have been shaped from outside.
In terms of political reforms through free and fair elections ANFREL has since 1997
and public awareness for good democratic governance. Most of the time ANFREL has
done the work on election observation as a regional body. Anfrel networks with P-Net
and Poll Watch. Though a direct participant in the institutional political arena its actions
has brought some amount of awareness of democratic consolidation through free and
fair elections.
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ANFREL’s influence on political reforms is justified by its role to check on the alleged
abuse of power in the Election Commission of Thailand as the case under the
The democratic transitions and the growth of civil society gives enough reasons for scholars of
Sociology and Political Science to believe that no democratically elected government in South
Korea suspend democracy or prolong its own power by undermining the quantitative and
qualitative developments of civil society (Seong, K.R., 2000: 87). Seong argues that there is no
alternative to democracy as a legitimate form of government. For these reasons, neither the
government nor the military has ever attempted to abolish democracy since February 1988,
In a more specific sense the democratic consolidation process can be viewed at from issues
pertaining to the state structure, administration and economy which are dealt by civil society
organizations like the CCEJ and PSPD and those that concern environment, land, rights, and
grassroots activation where organizations like KFEM, Green Korea and others are predominant.
These two dimensions of civil society movements can be categorized as the system-centered
and Life-world theory following Habermas. Cho Hee Yeon refers to this as ‘the democratic
reform movement’ of the political and economic systems. Such a movement implied the
democratic reform of the political system on the one hand, and that of an economic system,
including a reform of Korean Chaebol and so on, on the other hand. (Cho,H., 2005: 12)
18
Interview with Somsri Hananuntasuk, Executive Director of ANFREL and former Chairperson of Amnesty International Thailand.
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Significantly, the focus of the Korean Civil society groups in the post dictatorship period has
been on two aspects, that is, to carry out various institutional reforms in the political process
The reforms movement that essentially began with the CCEJ in 1980s and early 1990s on issues
such as regulation of land speculation in the name of the public concept of land ownership was
later picked up by other groups like the KWAU and the PSPD for instance which played a part in
the formulation on the special law on sexual violation (1993) and the National Solidarity for
The high tide of the reforms process was the nineties when CCEJ managed to influence
significant economic changes like the independence of the Korea Central Bank from the political
control of the government, more public provision of public housing, change of tax policy in favor
of the lower class rather than business, the introduction of Real Name Financial Transaction
System and reform of Korean Chaebol. These actions were well complemented by organizations
like the PSPD, which successfully ran campaigns under the banner of Civic Action for the General
Election in 2000 (CAGE) against corrupt politicians called 'Nakchon’ and 'Nakson movement'
(Cho,H. 2005:13). “These campaigns meant that civil society movement organizations
intervened in the process of a party's nomination. Those movement organizations are said to be
During the 1997 financial crisis the Economic Reform Committee of the PSPD played a crucial
role in pushing for economic reform by through the Minority Shareholders' Movement as a
methodology to push diverse reform agendasi. The best example of shareholders' action against
improper management was a lawsuit brought against former officers of the Korean First Bank
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MAINS Thesis, 2009
(KFB) on 3 June 1997. PSPD sued on behalf of 61 minority shareholders. The plaintiffs won 40
billion in compensation against the former president and directors of KFB (Ibid. 15).
Other scholars like Sunhyuk Kim points to another significant event, which took place on
September 8, 1999 when as many as 40 civil society groups including the CCEJ, PSPD and the
KFEM launched the Citizens’ Solidarity for Monitoring the National Assembly Inspection of
Government Offices (CSMNAIGO), Kukchong kamsa monitor simin yondae), which were meant
to record the attendance of individual lawmakers in various committees and to evaluate their
performance as well advance a list of 166 crucial reform tasks for ending corruption in private
schools and deal with problems resulting from expanded implementation of the National
Therefore from the arguments provided by different scholars and experts, it can perhaps be said
that the democratic consolidation process has been oriented towards more transparency and
wider participation of the masses for social justice to give more attention to the diverse issues
that were either ignored or overlooked in the aftermath of the process of democratization in
1987.
Building civil society in Thailand has been subject to speculation in the intellectual circles both
inside and outside Thailand. While agreeing that there is a increasing need to understand the
emergence of the new social movement following the severe state repression in 1976, the
collapse of the CPT forcing most students activists and CPT members to join NGOs, it must also
be accepted that most of the what is termed as the new social movements in Thailand have
arisen following the failure to find an alternative to capitalism in the 1980s. Giles terms the
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MAINS Thesis, 2009
J.G. 2003:291). The period is crucial as it is thought to have shaped the present order of social
movements.
In Korea new social movements arose more out a necessity to provide a free space for the non-
state and the masses to redress past injustices committed during the dictatorship period and
also to monitor the political administration of democratic governments. While there appears to
be no contradictions in the formation of the Shim Undongs what is critical perhaps are the
internal weaknesses that plagues Civil Society thereby inhibiting the growth of both formal and
social democracy. Where self-interests have tended to predominate, there have been intense
conflicts between civil society groups. To name of few of these collisions are the conflicts
between Taegu-Kyungbuk and Pusan-Kyungnam over the issue of a large scale industrial
complex in the upper area of Nakdong River. This is a case of inter-regional conflict which has
failed to bring the civil society on a single platform (Kim, 2002: 101).
The convergence of different Civil Society actors under one platform has not been easy, reasons
being very many. In Thailand for instance in the wake of acute class division that pervades the
Thai society, there cannot be any one concept for different civil society groups. Each group
represents a certain kind of aspiration. For example the idea of good governance which is an
elitist concept and promoted by leading Thai intellectuals does not conform to the idea of a civil
society which represents a non-state public sphere completely free of state control. This idea
has been compared to a ‘state-led civil society concept,’ which has been elaborated by Frolic in
his study of civil society in China which is essentially a creation of the state to support the state
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MAINS Thesis, 2009
The state led-civil society which has been compared to the idea of democratic elitism tends to
increase the class division between the elite and the poor who are mostly farmers from rural
Thailand. This has been a major factor which has led to the present political turmoil in Thailand
with the Peoples’ alliance for Democracy (PAD) which is a loose collection of Authoritarian
Royalists doing everything possible, in the most undemocratic manner to overturn the mandate
of the major electorates, the poor and rural population, for reinstituting the oligarchic order in
Thailand.
Moreover, the belief that the survival of democracy in Thailand depends upon ‘the leadership of
the Bangkok based ‘enlightened’ elite, who reject the rural and poor urban voters as
“uneducated and ignorant,” has also undermined the democratic consolidation process,
especially in so far as the role of divergent groups of civil society groups are concerned. Today
force rests with the middle class elite that swears by the power of the monarchy.
On the other hand, the idea of good governance which was promoted for social justice through
the rule of law, particularly in the case of corruption, has become an elitist tool to exploit the
poor. For instance Banpassirichote argues that the rules made to protect the poor have often
been turned against them forcing them remain underdogs of civil society (Banpassirichote,
2004: 229). At the same time, the extra bureaucratic polity has also expanded in the form of a
growing NGO sector which has also worked against the interests of the poor, farmers and the
marginalized.
In Korea the problem is not so much about a class divide but more of a case of regionalism
which has been the most critical issue in a sociopolitical sense, developing alongside a highly
centralized state. Regionalism which is especially strong in Cholla, Kyongsang, and Chungchong
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is believed to have played a major role that has political processes, from formation of political
parties to creation of political alliances and determining electoral outcomes (Seong, 2000: 136).
Korean civil society has been questioned by critics about other more technical aspects
pertaining to management and functions of social movements organizations. For instance the
voluntary nature of participation of members in civil society organizations has been subject to
much skepticism with political scientists and sociologists arguing that while participation of
ordinary citizens is broad it is not based on firm commitment (Ibid). Kim has quoted figures
documented by Han’gyorae shinmun, (May 13, 1996) to show that in CCEJ even as membership
increased dramatically since 1989, but the number of paid members remained very small at less
than 10 per cent. This has provided enough scope for free riders in the drive to produce public
good (Ibid.).
The apparent failure of civic organizations to build a cooperative linking network with interest
associations too has come up for debate. Different people cutting across the social rubric view
this differently and there is no one opinion which tends to agree or disagree. For instance many
believe:
Civic mobilization in the democratic consolidation process has similarities with the
democratic transition which has been a key factor for show of solidarity by different
Law for Punishing the Perpetrators of the May 18 Massacre, establish by 297 civil
society groups in 1995, the 1997 protests against various antidemocratic legislations,
candle light vigil in 2004 against the accidental killing of two Korean girls by an
American soldier vehicle and the 2008 massive demonstrations against the Lee Myung
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Bak regime’s conservative policies, all point towards the fact that even though the
nature of protest may have changed, but the pattern, leading from students to
teachers and then encompassing others like religious activists, industrial workers,
teachers and ordinary people into a larger civil society mobilization program has been
However, KFEM Director Lim provides a slightly different perspective in that she argues:
The patterns of movements have changed and where the main actors are not
necessarily civic action groups. “Democracy cannot be explained through the 1987
framework these days, as the chain of action that was created even in the 2008 candle
light demonstrations were a spontaneous reaction where the website played a key
factor in strategy building,” she argues. She terms the changes in character in social
movements as the web brigade movement, but admits that the basic purpose which is
The other critical area of discourse has been the relatively poor performance by the Korean civil
society groups to internationalise the social movements and establish transnational networks. A
prime reason for this has been attributed to the continuance of the strong legacies of minjung
nationalism which can be traced back to the anti-colonial movements against Japanese
imperialism.
19
Focus Group Discussions (FGDs) with with teachers, students, scholars, labour groups, peace activists and others.
20
The author interviewed KFEM Director, The Head Office of Environment & Health, Lim Ji-Ae who provided a detailed account of
the changes that have taken place in the character of movements. She cited many reasons for explain changes. Democracy
education in schools has made students more pro-active in using the internet to expand democratization process which is a key
feature of the 3rd democracy period. The 80s generation have gone into specialized form of activism and therefore coalition building
becomes a challenging task, which creates conditions of spontaneous participation on any issue confronting civil society and
democratization.
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A number of scholars of social science have tried to prove that the ideological orientation based
on nationalist sentiments have caused a decline in social movements. They argue that
transnational agendas were used as motivational factors in the campaign against FTA in the
opposition to neoliberal globalization. Instead these protests are said to have been based on “a
nationalist reaction” to U.S.-led imperial globalization, and that they were justified as “a
patriotic act to save the national economy and the lives of Korean people threatened by U.S.
The reaction of Korean social movements to the 1997 economic crisis too has been described as
influenced by the nationalist framing. Analysts have summed up the reaction by Korean Civil
Society on the IMF bail as driven by more nationalist considerations which is perhaps
exemplified by the way nationalist campaigns were taken out in the name of “National Debt
The civil society movement which is also popularly referred to as the NGO movement appears to
have extremely contradictory from inside. While on the one hand it promotes the cause of the
poor and the oppressed but on the other, it displays a political character that belies its pro-poor
pro-social justice image. The very fact that most of the civil society groups in Thailand operate
within an ideological framework that conforms to free market neoliberalism and the ruling
capitalist class, perhaps describes the dichotomy of civil society’s role in democratic
consolidation.
4.3. Conclusion:
The emergence of the idea of “new” social movements and “civil society,” was based on a “self-
limiting radicalism,” which was prepared to abandon the old revolutionary objective of seizing
state power. The growth of civil society organizations after the 1980s following the collapse of
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communism in most parts of the world, is often identified as a cause for the differentiation of
ideological orientation from a more radicalized to a moderate and cooperative form that was
increasingly prepared to work within the parameters of the state by being lesser
The case of Thailand and South Korea is not too different in the sense that in both these
countries, the emergence of new civil society organizations can be traced to similar historical
contexts when the state was extremely suppressive and dictatorial in nature. The harsh
conditions which led to movements for democratic struggles laid the foundation for the diverse
orientations in social movements that followed the ouster of dictatorships by movements that
The growth of new civil society groups in Thailand has been a complex process with many
scholars and analysts linking the initiation of these groups to the dismantling of the CPT in 1976
following the brutal repression against communists by the state. Thus it is often believed that
the situation that prevailed during the 1970s period played a decisive role in the ideological
orientation of civil society groups. While many student activists and intellectuals who had joined
the CPT were left disillusioned with the latter’s authoritarian style of functioning and
consequently returned back to join NGOs, others clung on to their radical beliefs and tried to
wage isolated battles against the state. Incidentally, the complicacies arising out of this situation
also led to huge divisions between the left and the left moderate groups, besides creating anti-
processes which was largely responsible for the foreign funding dependency syndrome.
In South Korea the evolution of new civil society groups was more in response to the complex
environment that confronted the 1980s activists, in terms of utilization of the political and social
spaces that were created by the democratic uprisings. While the fact remains that
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anticommunist regimentation was never at its end point, with a section of elite always fanning it
across the social fabric, radical movements that were identified with labour struggles and
student movements seem not have an answer for other newer and somewhat complex social
aspirations. This prompted a slow transformation of ideological orientations and gave rise to
groups like the CCEJ, KFEM or the PSPD to widen the democratic space and make the political
A striking contrast between these two countries, if it may be termed as such, is the composition
and what is called the associational life with Thailand civil society presenting a complex mix
between being autonomous and state-led or driven by other external considerations such as
foreign funding, whereas in case of South Korea most of the civil society organizations that
emerged during the 1980s, have succeeded in retaining their identity as a non-state actor that is
dependent mostly on memberships for its sustenance and not on the state or outside support.
However, this is not to say that civil society-state relationships is confined only to institutional
politics as many organizations like Green Korea, KFEM and other Life-world centered groups
accept government funds, but on a strict set of guidelines which not only makes their action
legitimate but also prevents any hindrance to their work as civic groups that are free of state
control.
In Thailand the role of middle class has been crucial in the unfolding of democracy and this was
made possible by the economic success of the 1990s. The rise of middle class in Thailand led to
the demands for more openness, political liberalization and democratization which allowed civil
society groups to withstand supressionary pressure from state institutions, especially the
bureaucracy and the military. This in turn created sufficient spaces for issue oriented
organizations like the confederation of democracy, women groups like EMPOWER, FOW,
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grassroots environmental groups and election monitoring groups to continue the struggle for
liberal democracy. In South Korea too the middle class exerted strong pressure for democratic
change, but what was more noticeable was the major roles played by civil society and mass
mobilization to deepen political, economic and social reforms. Arguably, in contrast to what
Tarrow observed, that “elite choices spear to predominate at the consolidating phase of newly
emerging democracies,” (Tarrow, “Mass Mobilisation and Rgime Change,” p 207.) South Korea’s
Thus from the above comparison it can be said that while in Thailand the middle class played a
decisive role in the democratization phase, which many critics view as a cause of the politics of
class divide, in South Korea, the elite or the middle class bourgeoisie impact was not as
profound and dominating making room for participation of people from across the social
spectrum.
The role of the civil society during democratic struggles notwithstanding, the dynamics of social
and political changes demands that it plays a more complex role, especially in so far as creation
of free public spaces are concerned and sharing of the public space equally by everyone.
As has been discussed in the chapter above, it can be clearly seen that civil society groups in
both Thailand and Korea were provided with diverse situations, but under a somewhat similar
environment of democratic struggle. The issue confronting civil society groups was to
strengthen the democratic arena but with a different approach that was more legal and less
radical.
In this direction, civil society groups faced several challenges which ranged from the voluntary
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of social activists to support much needed public action to sustain ongoing reforms and
Chapter 5.
To make democracy more participatory and pluralistic in nature, there should be a conscious
effort to include the communist or the Left aligned parties in the fold as is the case with many
other Asian countries like in India where communist parties have an important place in the
political system.
Both the progressive and the new social movements in Thailand and South Korea perhaps must
make serious endeavours to effect political changes which could see the participation of Left
political parties in the political mainstream. Though Korea has the labour party and some
political parties in Thailand are said to be inclined towards the Left, but that they cannot exist as
parties promoting Leftist ideologies perhaps doe not augur well for a healthy and functioning
democracy.
In both Thailand and South Korea there is an absolute need to recognize the radical elements
that exists in grassroots peoples movements or labour movements. Besides the radical elements
in these movements has to be sustained to enable them to withstand challenges posed by the
For a free and smooth passage of democratization labour movements must be allowed to grow
freely without any state influence. In Thailand state enterprise managed labour movement
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Third Way Reformism as practiced by some groups in Thailand may be promoted as an
Autonomists should play a more proactive political role. In this context the principles of the AOP
needs to be expanded and made politically more crucial. Good Governance should not be an
Building of grassroots based political parties extremely essential in order to build democratic
structures within groups and organizations working for the cause of grassroots peoples like
farmers and marginalized communities. In other words organisations must democratize from
inside.
In South Korea though grassroots peoples’ movement has been able to rapidly expand its local
branches and new sub-organisations there is a need to address issues of class and equal
participation of women. For instance class consciousness in the labour struggle in korea needs
women in labour movements is another critical issue, as it has often led to ignorance of
Labour groups must rethink their objectives and adopt a uniform strategy that takes cares of the
needs of all workers and not just of the interest of better off workers. The need to prevent
“wrapped academic concerns,” but rather as a serious problem confronting the ideological
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The state must refrain from suppressing the interest of labour and not devise strategies to co-
opt organised labour under a more state controlled unionized system as this would hamper the
Further the process of democratic consolidation will fail if the elites do not make serious
commitment to democracy. While, there is no denying the fact that grassroots and other civil
society organisations have generated political pressure for reforms, the role of elites was also
pre-eminent in the bringing down of dictatorial regimes. The elites are often categorized as top
leaders in the private sector, and opinion shapers. Analysts like Suchit Bunbongkarn is of the
opinion that a reversal to an authoritarian rule difficult, if not impossible if the elites are
committed to democracy. If the elites split in their political beliefs and a large number favor
There is need to understand the role of new social movements particularly with reference to the
political space within which each of these movements operate in different geographical domains.
To distinguish the character of new social movements from those that tend to be under the
control of the state, it is important to identify it with the politics of democratic consolidation.
In the case of the present study the historical significance of events like the democratic struggles
during the dictatorship periods in Thailand since the 70s through the 90s and the Great
Democratic Struggle (Yuweol Minju Daehangjaeng) in South Korea needs to be recognized for a
clearer understanding of the genesis of new social movements and the differences therein.
In order to understand the role of new social movements in different situations a comparative
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Though a corporatist relationship between civil society groups and political parties has been a
success story in Korea, it may not always work well, especially when the political situation if
fragile as is the case of contemporary Thailand or under the present conservative government in
Korea. Therefore, it would suffice to say that corporatist relationship should be based on clearly
Civil society must reduce internal and inter-regional conflicts to avoid a reversal to authoritarian
Recognition of class division within society is essential for creating a more uniform ideological
orientation based on a more rational approach. This is applicable to both Thailand and South
Korea.
The concept of state-led civil society must be subject to further discussion and academic
discourses as it tends to create a class division. In Thailand for instance the good intention
behind the idea of ‘good governance,’ notwithstanding, the fact that it promotes democratic
elitism which believes in free market neoliberalism, such initiatives cannot be regarded as
Further the concept of good governance has to be applied to other regions outside Bangkok. It
must be able to embrace the needs of the poor and allow for creation of free democratic spaces
Owing to the class divide in Thailand often rural and poor urban voters have been regarded as
‘uneducated and ignorant,’ which is against the principles of a participatory democracy where
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free flow of expression and the exercise of the rights of choice must be respected. This should
In South Korea ordinary citizens who are members of new social movements must show more
commitment by becoming paid members so as to ensure more accountability and more active
Networking amongst the different social movements groups is highly recommended for better
civic mobilization in the democratic consolidation process. There should be more efforts to
sentiments.
Also changes in social movements with increasing use of technology must be welcomed by
Finally civil society movements must have a political character which is pro-poor and pro-social
justice. Civil society movements may support the idea of free market neoliberalism but it must
5.2 Conclusion:
From the study on civil society changes it is apparent that the evolution of civil society groups in
Thailand and South Korea as legitimate non-state public institutions provided an opportunity to
challenge the state’s undemocratic policies besides triggering a process of political pluralism.
This pluralism needs to be understood from the perspective of how and why social movements
society groups mostly during the post dictatorship periods. Various cases have been highlighted
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in the study such as breakdown of the CPT in Thailand in the mid-70s and the creation of an
alternative new social movement (Shimin Undongs) in South Korea to show how movements
that started on the same ideological position to oust authoritarian dictatorships diversified over
a period of time. A significant observation was that while most of the civil society movements in
both the countries had unique and distinguishable characteristics, some being very State
controlled as is the case for Thailand, yet what perhaps assumes great significance is that the
central objective of these movements was to push forward the agenda of democratization.
Further, it has been seen that even though there was a systematic move by the State and
external powers such as the U.S to eliminate communism from society, there were several
forms of resistance from within civil society throughout history and also up to the modern day
and time. It is another thing that most of the resistance that had some Leftist centric elements
came in different forms, like for instance the autonomist led grassroots movements in Thailand
and the labour movements in South Korea. Perhaps, given the historical process of ‘anti-
communist regimentation,’ in the society, the process of diversification within civil society was a
natural and unavoidable occurrence. Regardless of the suppression against the radical forces
what cannot be ignored is that the process of democratization in both these countries was
possible only with the emergence of civil society in the form of student activists, intellectuals,
labour, religious groups and the middle class. This group, though at times dominated by the elite,
especially in the case of Thailand they did not hesitate to challenge military backed
undemocratic regimes that suppressed all forms of human rights and civil liberties.
However, it has been shown by many authors that the policy of suppression of communism in
these countries had an significant impact in that, firstly, it widened the gap between the Left
and the Right and secondly it led to a gradual marginalization of the former so much so that
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these groups have to survive within a very contested political space. This systematic eradication
of the Left forces from the emerging political space has striking similarities in both countries
Further, the dramatic changes that radical movements have undergone in both these countries
is a plausible indication of the fact that different kinds of survival strategies were adopted to
sustain their struggle against suppressive regimes and governments. While in Thailand the
centered on Life World issues, like the AOP, in South Korea labour movements succeeded in
withstanding the challenges and retained its radical face, besides being recognized as the
From several academic researches, it has been possible to identify the differences between
labour movements in the two countries. While in Thailand labour movements have been mostly
about state enterprise unions, which forms the backbone of the so called, “Thai labour
movement,” in terms of manpower and resources, in the South Korean case democratization
opened up sufficient opportunities for workers and labour movements to advance its ideological
orientation and develop a popular base. Therefore, in contrast in Thailand Autonomists are
accepted as the most suitable alternative which represents the struggle of the workers, daily
wage earner, the farmer and the poor. Moreover, the fact the autonomists reject the State and
refrain from building political alliances has been a key factor that provides a more radical face
Another significant observation of the study is the rapid growth of white-collar workers in South
Korea during the 1990s which spread to diverse sections in the service industry. Further, the
incorporation of civil servants into movement, though law prevented such actions helped the
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grassroots movement to experience increased solidarity. The formation of the National Teachers
Union (NTU) the consequent dismissal of 1,500 teachers for participating in unionization
movements perhaps provides a clear explanation of how the grassroots movements, which had
On a more critical aspect Autonomists like the AOP have been shown to be closer to Right Wing
reformists owing primarily to that fact that they accept elitist ideas of good governance their
inability to induce significant policy change. Compared to this in Korea the main issue
consciousness and the ignorance of women’s contributions towards building the labour
consciousness in South Korea with many arguing that the post 1987 Korean labour movement
owes little to the earlier struggle and that Korean workers arrived at this stage largely because
Moreover, Korean labour movement, despite its very progressive face has been questioned for
losing their objective to represent the socially weak population and instead organizing
themselves around “the interest of better off workers, creating polarities in the labour market
and heterogeneity in workers’ interests and identities, while at the same time ignoring broader
community issues. This has been described as one factor that prompted activists to start a
separate the citizen’s movements or new civic movements in the 1990s in South Korea, while in
Thailand citizen movements evolved more as a consequence of the collapse of the CPT.
In the study the focus was more on the ideological positioning of movements in the present day
that is to provide a categorical understanding how and why changes occurred in social
movements from an ‘old’ to a ‘new order.’ From the secondary data and interviews it was
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apparent that the concept of new civil society movements or the changes in the movement
itself is interpreted differently by different authors based on the context of their emergence.
While in Thailand any study on civil society organizations especially those pertaining to the
current understanding of new social movements has to be studied from the openness of the
political space provided by the state as well as the perspective of the general public regarding
extra-parliamentary democracy as there exists a very thin demarcation between NGOs which
are independent but depend on foreign funding and those that are state led and are more elite
in character. However, the demarcations are much more clearer and distinct in the case of
South Korea where the new civic movements called Simin Undong are considered more
autonomous and free from the control of the state, in other words, almost fitting the now
The new civil society groups are considered moderate which differentiated themselves from the
progressively oriented grassroots people’s movement, which has led the anti-dictatorship
movement, and established themselves as a kind of new movement with its own independent
identity. This new movement is characterized as 'liberal' in its main ideological orientation.
An important observation of the study is that the civil society movements, especially those that
displayed a more liberal character, adopted a more non-confrontationist approach with the
state but the progression and outcome of these movements have been strikingly different. For
instance a clear distinction between the civil society movements the two countries can be found
at a very nascent stage, that of conceptualization. Compared to the South Korean Simin Undong
which provided a kind of self-empowerment making the movement apolitical and free of state
control, in Thailand the liberal movements were based on the principles of Pracha Sangkom and
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good governance which includes the state and some of the institutions of the market in the idea
of civil society.
To match up to the Korean liberal movements that primarily focused on generating a new kind
of awareness of civil and political rights as well as political consciousness, a crticial investigation
revealed that from CPT members or its sympathizers have transformed themselves into civic
educationists playing a crucial role in political development in that they focus on nonpartisan
projects such as voter education, election monitoring etc. The cases of the Poll Net and the
Asian Network For Free Elections (ANFREL) have been used to substantiate this fact.
Another vital observation was the divergent ways civic movements in South Korea and Thailand
took, though the central idea was to trigger a process of reforms. The civic movement in South
Korea took a more formalized orientation in 1989 with the setting up of the Citizen's Coalition
for Economic Justice (CCEJ) followed by other groups like the Peoples’ Solidarity for Participatory
Democracy (PSPD), the Korean Environmental Foundation Movement (KEFM), and Green Korea
United (GKU) to essentially undertake social reforms by using more legal and non-radical ways.
In the case of Thailand the civic movement groups are understood to have evolved sometimes
as loosely as social reformers whereas at other times under very formalized by state-controlled
However, immaterial of the divergent paths and outcomes, what was also important to note
was that civic action groups have played a key role in the process of democratic consolidation in
Though it can said that there are still huge challenges facing democratic consolidation in both
countries and that these democracies are still vulnerable, what also cannot be ignored is the fact
that besides the rural and grassroots based organizations and groups the role of the elites has
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MAINS Thesis, 2009
been a key towards the consolidation of democratization in these countries. Different
movements like for instance ANFREL’s influence on political reforms to check on the alleged
abuse of power in the Election Commission of Thailand and the PSPD, campaigns under the
banner of Civic Action for the General Election in 2000 (CAGE) against corrupt politicians called
'Nakchon’ and 'Nakson movement' have shown how the role of elites are so crucial in the
process of democratization.
Finally it must be said that civil society organizations in a very Asian perspective play an
extremely meaningful role in so far as the question of advancing the process of democratic
a continuing process without the danger of a reversal to authoritarian rule. Perhaps the answer
lies in making the civil society more autonomous and strong enough to resist manipulation by
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http://english.kfem.or.kr/aboutus/aboutus1.htm
Democracy 5 (1994): 5.
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Dalits in India:
Movement
By Supervisor
Mohammad Moosa Azmi Prof. Khwan Jin Khwan
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I hereby certify that this thesis is a result of my work except where otherwise
SIGNED DATE
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ACKNOWLEDGEMENTS
this thesis. The greatest debt is to my supervisor Professor Khwan Jin Khwan, whose
consistent supervision and counseling made me to work with full effort and enthusiasm.
Considerable gratitude is due to May,18 foundation, Hyundai Kia Motors and SKHU
whose financial support enabled me to continue and complete my thesis. And is also due
to Mr. Chanho Kim and Professor Jin young jong, who considered my candidature
My sincere thanks and gratitude to Mr. Henri Tiphagne, Executive director, People’s
Watch, who taught me a lesson of forward-looking and developed insight for social
problems and nurtured in me an activist. My sincere thanks and gratitude is also to Mr. J.
Manohar Vincent, Mr. Paul Dewakar and Mr. Anand Kumar Bolimera who pulled me
towards Dalit movement and inspired me to work for it for social justice.
Andrew Aeria, Professor Yongpyo, Professor Rajiv Narayan, Professor Cho Heeyeon and
Professor Cho Hyoje for their kind cooperation and support. Last but not least sincere
thanks to Mr. Erick, Mihyon, Bonojeet Hussain, Dr. Lenin Raghuwanshi and all my
This work is dedicated to Anita, 8 year old Dalit rape victim and survivor, who inspired
and strengthened me to move ahead in life in the direction of Social activism with Renu
Mishra, Aparna and Ranjana Gaur, women activists, to ensure her fight for and justice.
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Outline
Introduction …………………………………………………………………………………..6
1.1 An understanding of Caste and Varna according to Indian Religions view ……….....12
1.2 Historical facts about Caste and Varna………………………………………………..17
1.3 Dalit History in the Colonial Era…………………………………………………...…23
1.4 Resistance against the Caste System in Early India and its Current status……...……28
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MAINS Thesis, 2009
3-3-B- Violation of Dalit women’s rights……………………………………………71
3-3-C- Special Dalit women’s occupations..................................................................72
3-3-D- Economic deprivation of Dalit Women………………………………………73
3-3-E- Dalit women and Human rights………………………………………………74
3-3-E (i) - Civil and Political rights……………………………….…75
3-3-E (ii) - Economic, Social and Cultural rights……………………76
3-3-E (iii) - Millennium Development Goals and Dalit Women…….77
3-3-F- Dalits Women’s struggle………………………………………………..……77
3-3-G- The Vision and the role of Dalit Women’s liberation…………………….…80
Chapter 4 - Role of Civil society or NGOs to eliminate the Caste system in India……...82
4-1- First Case study- NCDHR (National Campaign on Dalit Human Right)………….……84
4-2- Second Case study- PVCHR (People’s Vigilance Committee on Human Rights)….…..86
4-3- Review of NGOs and Civil society activities, Limitation and Challenges…………..….90
Chapter 5 - Conclusions…………………………………………………………………..…98
References .............................................................................................................................102
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Introduction
“Educate, agitate and organize; have faith in yourself. With justice on our
side I do not see how we can lose our battle. For ours is a battle not for wealth or
for power. It is a battle for freedom. It is a battle for the reclamation of human
personality.”21
Many a time untouchability in India and slavery in Europe are compared with the
presumption that untouchability is tolerable or less harmful than slavery. It is true that
neither slavery nor untouchability is a free social order, but as Dr. Ambedkar maintained,
But the following views of Dr. Ambedkar distinguish slavery from untouchability
in a more profound manner. Dr. Ambedkar maintains as follows: Slavery was never
21
These are probably the most frequently quoted words of Dr. B. R. Ambedker. You see them on the
banners, T-shirts, websites, leaflets and books of Dalit activists.
22
Ambedkar, B. R. (1989). Babasaheb Ambedkar : Writings and Speeches, Government of Maharashtra, Vol.
5, p. 17
23
Ibid
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MAINS Thesis, 2009
slave. If he wants to, he can free his slave, and by doing so this slave has the ability to
become an equal member of society. But untouchable has no such option. Once he is born
untouchable he is subject to the full social disability of an untouchable. The law of slavery
permitted emancipation. Once a slave always a slave was not the fate of the slave. In
social oppression. The deprivation of a man’s freedom in an open and direct way is a
preferable form of enslavement. It makes the slave conscious of his enslavement and to
become conscious of slavery is the first and most important step in the battle for freedom.
are free, you are a citizen, you have all the rights of a citizen’, and to tighten the rope in
such a way as to leave him no opportunity to realize the ideal is a cruel deception. It is
unconscious. Of the two orders, untouchability is beyond doubt, the worst.24 Is it possible
for any sensible person, much less an intellectual, to refute Dr. Ambedkar’s judgment on
this distinction between untouchability and slavery and his considering untouchability
24
Government of Maharashtra (1989), Vol. 5 p. 15
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This thesis is about the Dalits and Untouchables of India, as well as Dalit human
rights activists and civil society organizations or NGOs who work for Dalits and/or with
Dalits in India. Today, 167 million Untouchables live in India, comprising 16.2 %25 of the
total population. Generally Dalits are the people better known as Untouchables26. The
Untouchables are those who are deemed so polluting that just touching then would defile a
higher ranking person. They are not even worthy of occupying the lowest level inside the
social and cultural hierarchical system known as the caste system. They are outcastes by
birth, and will remain outcastes until they die. They are made to work for meagre wages or
food leftovers, clean human waste with their bare hands, live in separate colonies, and even
use separate tea glasses at neighbourhood tea stalls, all because they are deemed unclean
This thesis begins by briefly touching on the historical background of the caste
system and the origin of untouchables in India. The history of Untouchables is very
controversial and contradictory because of the interests of different political groups in India.
In the essay I will outline the history of caste struggles and their contribution in the current
Indian society. I will also illustrate the influence of the caste system in others religions and
25
Census 2001.(according to India government all scheduled caste fall under this figure)
26
In fact a variety of names are being used to refer to this group of people at the bottom of the caste
hierarchy best known as Untouchables. I will mainly be using the term Dalit because that is the term my
informants use and identify with, but it should be pointed out from the outset that not all Untouchables
identify with this term or even know it. As will be seen each name is evocative of particular
understandings and laden with political meaning. In recent years other downtrodden peoples have started
embracing the term Dalit, especially tribal groups, or Scheduled Tribes (ST) as they are known in legal
parlance. I will also expend the definition of Dalits in last part of this thesis.
27
Kiertzner, A. (2006). Dalit: Caste or Consciousness, University of Copenhagen
146
MAINS Thesis, 2009
The next part of this thesis will give a very briefly account of Mr. M. K. Gandhi
untouchability and how they fought against untouchability in India and their influence on
current Dalits movements. I will also discuss their contradictions and ideological
The following chapter illustrates the current situation of Dalits after 60 years of
policies, the educational situation of Untouchables in India from origin to present and more
Untouchables and their land right standing from origin to present will give a detail picture
for women’s rights of Untouchables which addresses the pain, suffering and struggle of
Dalit women in India. This chapter will also describe in detail the reality of Dalit situation
in grassroots in India.
Finally this thesis will give detailed information and contradictory aims and effects
of Dalit Human rights NGOs and their work, their ideological discourse, and their
contribution to Dalit movements. Through case studies of two different kinds and levels of
NGO and their activities and approaches to the elimination of the caste system and
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MAINS Thesis, 2009
untouchability in India. Outline their contributions, limitations and challenges as well as try
to find the theoretical gap between their approaches towards Dalit movement in India.
148
MAINS Thesis, 2009
Chapter One
Indian history starts along with the history of caste system. Indian history is also
based on differences according to religious beliefs. The Vedas28 and the Manuscript 29
(Manusmriti) tell us about the (mythic) origin of the caste system and the duties of the
various castes, but they do not reveal much about why untouchability came into being.
The Manusmriti explains that Untouchables are those born of a ‘defiled womb’, which
means that untouchable castes originated from the intermixture of the different pure
Varna 30 ‘colours’. From a traditional Hindu point of view this might be sufficient
explanation, but for most social scientists, something is lacking in the equation. Most will
agree on exploitation being the defining factor, but that still leaves the question of who
these people singled out for the most oppressive and degrading positions in a system of
structural inequality were. There is no consensus response to this question. The various
answers proposed go hand in hand with different religious beliefs and interpretations of
historical information.
Now that we know religion is one of the biggest parts of the Dalits history, the next
part of this historical background of the Dalits will attempt to find the background and
28
One of the oldest Hindu scriptures
29
Ibid
30
Manusmriti 10: 58
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MAINS Thesis, 2009
1-1 - An Understanding of Caste and Verna according to Indian Religions View
In Indian Vedic scriptures, one of the earliest religious literary forms, we find the
“colour” and meant to refer to the skin colour and figuratively to the moral status of the
different castes descending from the light skinned Aryans and the darker Dravidians. As
we shall see, the origin of the caste system is an intensely debated topic, and likewise the
The word caste is not mentioned in any ancient Sanskrit scriptures. This word
brought in use by Portuguese upon their arrival to India in 16th century32. The word caste
derived from the Latin ward ‘castus’, meaning “pure”33. The Vedas are generally thought
The earliest section of the Vedic corpus, the Rig Veda, contains the Hindu creation
story: Purusha is described as a primeval giant, sacrificed by the gods, and from his body
the world and the Vernas were built35. The first group was made of Brahmins (priests).
They came from Purusha’s mouth, and were to provide for the intellectual and spiritual
needs of the community. The second group was called the Kshatriyas (warriors and rulers).
They were created from the arms, and were to rule and to protect the others. Vaishyas
(landowners and merchants) sprang from Purusha’s thighs. This group was in charge of
31
Kiertzner, A. (2006): p. 19
32
Bhardwaj, A. (2002). Welfare of Scheduled Caste in India. New Delhi: Deep & Deep Publication, and
Thapar, R. (2002) Early India: From the origins to AD 1300. New Delhi: penguin Books.
33
Kiertzner, A. (2006): P. 19
34
Ibid & Bhardwaj, A. (2002): p.6-7
35
Rig Veda 10:90
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MAINS Thesis, 2009
trade and cared for agriculture. Shudras (artisans and servants) came from the feet. They
had to do all the manual work. Thus, in the Rig Veda society is described as an organic
whole sustained by various groups with differing roles and occupations all amalgamated
into a stable structure. In the Vernic ordering of society notions of purity and pollution are
central and activities are worked out in this context. The preoccupation with purity and
pollution is obviously not exclusively Indian thing; it is found in many societies and
functions as a mechanism for social regulation. What is considered pure and impure
We can say with certainty that untouchability was practised around the beginning
of the Common Era. In the Manusmriti, Manu’s Law, the best known of the Hindu Law
Books dating back to 300 B.C. – 400 A.D., there is frequent mention of untouchable
castes. We learn, for example that they must never reside within the village, but outside at
cremation grounds, on mountains or in groves. They are to wear only the shrouds of dead
people and eat with broken utensils. They may only enter the villages and cities with the
king's permission for work purposes, wearing special symbols to enable identification36.
Buddhist monk Fa-Hsien, who was on a pilgrimage in India in the years 405-411 A.D.,
Untouchables had to sound a clapper in the streets of the town so that people were warned
of their presence37. The Manusmriti also deals with the relationships between the castes,
36
Manusmriti 10: 51-55
37
Thapar, R, (2002): p303
151
MAINS Thesis, 2009
between men and women, with the organization of the state and all aspects of the law, and
Karma which means “act, action, performance" is the concept of "action" or "deed"
in Indian religions understood as that which causes the entire cycle of cause and effect
originating in ancient India and explained in Hindu, Jain, Sikh and Buddhist religious
traditions, but the general concept is basically the same. Through the law of karma, the
effects of all deeds actively create past, present, and future experiences, thus making one
responsible for one's own life, and the pain and joy it brings to us and others. The results
karma extends through one's present life and all past and future lives as well. One of the
first and most dramatic illustrations of karma can be found in the Mahabharata. In this
poem Arjun, the protagonist, is preparing for battle when he realizes that the enemy
consists of members of his own family so he decides not to fight. His charioteer, Krishna
an avatar of god, explains to Arjun the concept of “Dharma” (duty) and makes him see
that it is his duty to fight. The whole of the Bhagavad Gita (a Hindu religious epic) within
the Mahabharata is a dialogue between Krishna and Arjun on aspects of life including
morality and a host of philosophical problems. The original Hindu concept of Karma was
later enhanced by several other movements within the religion, most notably Vedanta and
Tantra38.
38
Ibid
152
MAINS Thesis, 2009
The paired concepts of Karma and Dharma are associated with reincarnation.
Karma is essentially cause and effect, the actions (or lack of actions) we initiate will result
in later effects. Dharma on the other hand is related to our destiny, our place in society and
the duties we must perform39. This Hindu code is important for its descriptions of many
social institutions that have come to be identified with Indian society. Even in this day and
age it still generates controversy, with Manu's verses cited in support of the subjugation of
The criminal justice system in ancient India was based on the Varna system and
the Manusmriti defined crime and punishment for each Varna in a hierarchical mode. As
such, the foundations for a system of graded inequality are laid down in the Manusmriti.
The punishment for a particular crime is not the same for all Varnas, but varies depending
on the Varna of the victim as well as the Varna of the person committing the crime. For
the same crime, the Brahmin could be given a mild punishment, whereas a Shudras would
be given the harshest punishment of all. Whether it is the choice of names, the manner of
greeting, or the process of carrying out a funeral procession, at each and every step in life
this system of graded inequality is applied and observed. Manu does not even spare the
rates of interest on loans. For borrowing the same amount, Kshatriyas have to pay more
interest than Brahmins, Vaishyas more than Kshatriyas, and the poor Shudras have to pay
Manusmriti is comprised of two words “Manu” and “Smriti”. People believed that
Manu was the writer of the Manusmriti and Smriti literally means “memory”. It means the
39
Kiertzner, A. (2006):20
153
MAINS Thesis, 2009
low of Manu is in the memory of the people mind and they practice that law in their day to
day life. Even today, in democratic India we see remnants of this thinking with many
Untouchables living as bonded labourers, unable to ever free themselves of debt because
of outrageous interest rates. And we see that Untouchables are receive harsher
punishments than other castes, or even worse, are punished for acts which are not
constituted as crimes today, such as entering high caste villages or temples. This is of
course prohibited by law, but the problem is that those meant to enforce the law do not
always see these reforms to be in their own interest. Even Dalits practice these laws in
their day to day life. People in Indian society are socialized in such a way that they
practice Manu’s law even Muslins, Jains, Sikhs, Christians and others incorporated in their
day to day life, not only “upper” or “dominant” caste citizens, but even lower caste and
Untouchables. Over time, Manus law has become a part of general Indian social behaviour
and culture.
Manu also described the system of marriage and people still follow the same
concept as thousand years before. In India system of the marriage is an endogamy system
which is very deeply rooted in people’s minds and consciousness. So it will continue to be
practiced for years to come. Over time this system of endogamy has become part of Indian
culture and in Indian society it is practiced by members of all religions. Manu also
described the punishment for anyone who breaks the low by refusing the tradition of
endogamy, with punishments and restriction laid out for each group of people.
154
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In India the advent of Buddhism, Jainism and Sikhism as well as the introduction
of Islam and Christianity did not end these notions of purity and untouchability. They
remained part and parcel of Indian society and these religions adopted the Brahminical
traditions of hierarchical society and endogamy marriage and endogamy marriage system
With this historical view we can see how the caste system fused with India’s
religious traditions, a Brahminecal social pattern permeating them all. The next part finds
There are several theories about the origin of Caste in India, one of which is the
historical theory of Dalit origin described by Anil Bhardwaj in his book, “Welfare of
Scheduled Caste in India,” which says that: In ancient India there were two cultures, the
Indo-Aryan and the Dravidian. Literary records of the Indo-Aryan culture are not only the
earliest but contain both the first mention and a continuous history of the factors that
makes up caste. Dravidian culture, when examined records that they are immensely
civilization, it is the most widely spread and deeply rooted aspect, was developed in the
Gangetic plain.
Bhardwaj: Around 5000 BC the peoples who lived in or inhabited this area was known as
155
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the Indo-Aryans, a member of the larger Indo-European or Indo-German linguistic family.
This family includes the Celts, the Anglo-Saxons, the Tautens, the Romans and the
Iranians among others. They lived in one fairly define region and for various reasons they
dispersed from their home land with various groups heading in different directions and
resettling under various circumstances. One of these groups reached India around 2500
BC with the kind of religion represented in the early Vedic tradition. Vedic Indians and
It is seen that the favorite word for certain groups and others of among Indo-
Aryans was ‘Varna’ ‘Colour’. Thus, they spoke of the DAHA and ‘DASA Varna’ or more
properly DASA peoples. The Iranian spoke of the peoples whom they captured as ‘Daha’.
Iranian Daha is exact equivalent of Vedic ‘Dasa’, making allowance for the linguistic
values of the sounds of last syllable. Like Vedic Aryans the spoke of themselves as Arya
or ‘Ariya’ whose connection to the Sanskrit word ‘Arya’, meaning high Varna, is obvious.
The Vedic Aryans also developed on exclusive social attitude toward native
populations and cultivated a partiality for ideas of ceremonial purity. Some Aryan
communities actually elaborated them into exclusive social stratification, though of rather
limited extent and depth. This behavior of Vedic Aryan is analogous and comparable for
sake of clarity with native peoples. In spite of the egalitarian and democratic preaching of
exclusiveness varying from utter contempt and strict social restriction to condescension
and hypergamous attitude and practice. Whenever they condescended they at best took
40
Bhardwaj, A. (2002): p.7
156
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native women as wives but never even considered that their own women marry to native
males. Even in this hypergamous practice they took care to separate the progeny of “half-
breeds”.41 The attitude of exclusive pride toward conquered peoples of whatever culture
status or racial class met within the doings of so many Indo-European peoples appears in
the attitudes and practices of the Aryans of the Gangetic plains of the Vedic or post Vedic
age in particular.42
Overall this theory is basically based on “Aryan Invasion Theory” which states
that Aryans come and attacked the native Indians and make them slaves or “Das”, and that
“das” people over a period of time became untouchables and Shudras. These theories
develop because over the last couple of centuries the stories narrated in the Rig Veda have
Central Asia entering India. It all began when the British East India Company sent Judge
William Jones to Calcutta in the 1770’s. He had extensive knowledge of ancient European
languages and upon learning Sanskrit in India he soon found many similarities with
In years to follow several scholars, most notably Max Mueller, have built on these
theories of a common Indo-European language and culture.43 In short, it is argued that the
fights described in the Rig Veda took place between light skinned Aryans and dark
system came into being, and as such race functions as a biological indicator of caste.
41
Bhardwaj, A. (2002): p. 8-9
42
Bhardwaj, A (2002) : p.8-9
43
Ibid
157
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Today the ‘Aryan Invasion Theory’ is being challenged, largely referring to the same
linguistic, historical and archaeological sources, but with different interpretations of these.
Mohenjo-Daro in the Indus Valley. Found very advanced settlements dating back to 3000
B.C. Now Hindus nationalists or fundamentalists claim that Aryans didn’t come from
outside but they are the native or indigenous peoples of India and they further migrated to
the others parts of Asia, several groups even claim that this Indus valley civilization is the
first civilization. Some even go as far as to say that the ancient civilizations in Europe, the
Middle East and North Africa have Indian ancestry, India being, in their view the centre of
the world and the oldest culture on earth. Therefore they argue that Aryan invasion theory
On the basis of historical facts, Dalit scholars have mixed opinions, Jyotirao
Phule44 in the late nineteenth century, argued that Dalits have been suppressed by Sanskrit
speaking Brahmins descended from the invading Aryans45. In contrast Therefore Dr. B. R.
Ambedker refuted the western thesis linking caste to race. According to him, all the castes
descend from a common stock and untouchable castes emerged in the wake of Buddhism
as persecuted Buddhists. They were steadfast followers of Buddha after began preaching
in the sixth century B.C. and they remained Buddhists while the rest of society returned to
44
Jyotirao Phule (1827-1890) was from Maharashtra and known for his work for the upliftment of women
and lower castes.
45
Thapar, R. (2002): p.15; Massey (1995):23-24 and 66-72
158
MAINS Thesis, 2009
the Hindu fold under Brahmin pressure. As all other theories of caste and the origins of
M. C. Raj, a Dalit leader and guru in Karnataka in South India, has a different
strategy. In his recent book Dalitology he implicitly dismisses the whole debate and
simply states:
“The Puranas are saying that Brahmin was born from the head of
Brahma, Kshatriya was born from the shoulders of Brahma, Vaishya
was born from the thigh of Brahma and Shudra was born from the
feet of Brahma. But we Dalits are born from the earth and we shall
go back to the earth. What he says is very scientific, rational and
environmental. Therefore, we Dalits do not have any god and
goddesses. Our stand is that nature is our source of power […]
Dalitology is the answer to those who have created the illusion that
Dalits do not have a history of their own”47
Dalits to reject the Hindu religion. But the paradox is most Dalits profess Hinduism, the
very religion prescribing their predicament: they worship Hindu’s gods and follow the
rules laid down by Hindu scriptures. They even practice the untouchability among sub-
castes.
The origin of caste in India is highly debatable and very interesting. We can see
how explanations relate to the position of the author in relation to the caste system and
how they invariably serve socio-political purposes. Like “Aryan Invasion Theory”,
brought forward by William Jones and directly or indirectly adopted by Jyotirao Phule and
46
Ambedkar, B. R. in Rodrigues (2002): p.396 – 405, Jaffrelot (2004): p.39, Massey (1995): p.70
47
Raj, M.C. (2001): p.20
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MAINS Thesis, 2009
Dr. B. R. Ambedker to create a historically verifiable picture of the untouchable condition
and claiming original ancestry of India, this is a source of pride and assertion of forgotten
worth deserving recognition. On the other hand fundamentalist upper caste and dominant
caste Hindu theory claiming original ancestry of India through “Indus-valley” civilization
correct and verifiable picture of the untouchables. But we can see that the Untouchables
have occupied a distinct place in Indian society for at least two millennia. What is
interesting to note is how the explanations relate to the position of the author in relation to
the caste system and how they invariably serve socio-political purposes. Dalits and non-
Dalits alike might assert that Dalits are a natural category, but their rationales and
purposes will differ. For Dalits claiming original ancestry of India, this is a source of pride
and assertion of forgotten worth deserving recognition. For non-Dalits, the ‘naturalness’ of
the discourse it is recognized that ‘social engineering’ plays a role. In the discourses of
both Dalits and their oppressors we find elements drawing legitimacy from both natural
Now we not only know the religious history of caste but we also know the
interpretations. And all these start during the colonial era. Because before the colonial
time Dalits are highly oppressed, uneducated and marginalized by the oppress caste in the
Indian society. We can say Dalits don’t have their history that Dalits history was destroyed
by the Brahmins; or we can say the documented history of Dalits began during the
160
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colonial period of India. The next part of the history of Dalits attempt to see the Dalit
history in colonial era to find the same account of these questions. How and why origins
The British, through East India Company, came and colonized to India for their
own profit and ruled for about 200 years till 1947. In this era Dalits history and political
theory of Dalits came in to the picture, because at that time all political resistance and war
took place for control over the state, and all social resistance and struggle happened
against discrimination and untouchability. This is also the time when the ancient cultures
in Harappa and Mohenjo-Daro in the Indus Valley came in to the picture. That provides
opportunity to the fundamentalist forces to counter the struggle and resistance of Dalits
We find the first systematic ethnographic studies of the caste system in the census
and gazetteers of the 19th century. We have already seen how the administrative tasks of
the colonial administration spurred academic interests. The vehicle of much of this
administrative scholarship was the census, which began on a nationwide basis in 1871-2.
British census officials became obsessed with the question of whether Untouchables were
properly classifiable as “Hindus”. It may well have been the first time such a question was
asked. Until Indian civilization was defined relative to a world outside, there was no need
for a concept of “Hindu” at all. The origin of the word Hindu is disagreed upon by
historians and linguists, but it is generally accepted as having originally been a Persian
161
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word for someone who lives beyond the river Indus, i.e. any inhabitant of the Indian
subcontinent (before the partition of India). Until the 19th century, the term Hindu implied
a culture and ethnicity and not religion alone thus clubbing all people living in India into a
single group called Hindus. When the British government started a periodic census and
established a national legal system, the need arose to for Hinduism to be clearly defined as
As the time when British censes started and during the first 2-3 censes, there was
no general model of how to register Untouchables. In the 1871-2 census the Chamars,
long since recognised as the largest untouchable caste in India, were in the province of
untouchable castes, e.g. the Mahars of Maharashtra and the Pariahs of Tamil Nadu were
placed with Buddhists and Jains into a category called “Outcastes or Not Recognising
Caste”. The British census officers saw themselves as simply trying to answer the question
of who was a Hindu, and they often felt their job was made harder by the attitudes of their
native assistants, the complaint being that high caste Hindus did not want to recognise
untouchable castes as belonging to the Hindu religious community at all. By 1911 the
British noticed that a complete reversal had occurred, whereby the leaders of Hinduism
were adamant that the untouchable castes were a regular part of Hinduism. The spur to
change was the arithmetic of parliamentary representation. In 1909-10 under the Morley-
Minto Reforms49. The Muslim League50 had sought to argue that the Hindu population
48
Mendelsohn & Vicziany (1998): p.27
49
The Government of India Act of 1909, better known as the Morley-Minto Reforms (John Morley was the
secretary of state for India, and Gilbert Elliot, fourth earl of Minto, was viceroy), gave Indians limited roles
in the central and provincial legislatures, known as legislative councils. Indians had previously been
162
MAINS Thesis, 2009
was artificially inflated by inclusion of the Untouchables, and in response the Hindus now
laid vehement claim to these people. The British ended up registering the Untouchables as
Hindus, but in a separate “schedule”, thereby coining the term Scheduled Castes (SC).
This designation appeared for the first time in the Government of India Act, 1935.
a schedule of all castes considered untouchable who were from then on to be granted the
right to education and reserved seats in various legislative assemblies, from parliament to
Democracy. But it shows two aspects. One the one hand it shows the positive side of
British rule and their contributions to Dalits rights and on the other hand their relations
ship with Brahmins and others upper caste peoples. In assessing the implications of
colonialism for Untouchables Mendelsohn & Vicziany and Basil Fernando represent
opposite poles on a continuum. Mendelsohn & Vicziany are mainly positive about the side
appointed to legislative councils, but after the reforms some were elected to them.
50
A social and political group of Muslims in colonial India and they are very influences in Muslims
51
Perez (2004): p.14, 24 – 25; Mendelsohn & Vicziany (1998): p.27-29
163
MAINS Thesis, 2009
Kabir and the other great bhakti thinkers had looked towards an
ultimate equality of all individuals in the eye of God, the Anglo-
Indian state had created a more practical basis for untouchable
progress. The British had provided the instruments with which the
Untouchables could assert themselves as a political collectivity,
rather than merely pressing their moral worth as individuals”52.
Mendelsohn & Vicziany talk of the British policy toward Untouchables is seen as
created by self-congratulatory British, having no basis in fact. The kind of democracy they
introduced in India and other parts of South Asia was a perverted kind, which only
consolidated the powerful high caste elites and destroyed the power of resistance of the
colonial times54. The logic behind this line of argumentation is that by definition there can
be no enlightened colonialism. Colonialism looks only at the moment and its motivations
are: ‘how much can be extracted and how quickly?’. Accordingly the British have in fact
impeded democracy. They bear responsibility not only for the past but also for the present,
due to their consolidation of the caste system and destruction of local resistance to
inequality. According to Fernando a ‘true’ democracy should grow from the imagination
and creativity of the people and be founded on ideas of taking control over ones own
destiny, but this process never took place in South Asia. This argument is basically give
the picture of British how they established in India and for their establishment British
52
Mendelsohn & Vicziany (1998): p.29.
53
Mendelsohn & Vicziany (1998): p.26.
54
Fernando (2002): p.155.
164
MAINS Thesis, 2009
needed the cooperation of the feudal elites, who had a long experience in controlling and
suppressing their own people, but the latter demanded a price for their support, namely
that the British would not interfere with the existing systems of inequality.
Both Mendelsohn & Vicziany and Basil Fernando highlight valuable points, and
upon closer inspection they are perhaps not as incongruent as they might seem at first. I
think there is no doubt that the British helped create a space for the Untouchables that they
had not had before, but Fernando’s harsh comments on the nature of democracy and the
political system in India help us understand why, in spite of new opportunities, the
Untouchables still occupy the bottom rungs of society more then 60 years after
In this section have seen how Dalit history came into being and how scholars have
different opinions and arguments about this origin. One thing is clear: approaches towards
Dalits during British rule opened the window for them and gave them courage to resist and
fight for their dignity and also to negotiate with upper castes for their benefit. We have
also seen how two famous leaders Dr. B. R. Ambedker and M. K. Gandhi, fought for the
untouchability in India in the next part of the thesis. But here we should know that in the
last two millennia there have been many revolutions against the caste system in India. In
the next part of this historical account we will see a few of the challenges against the caste
165
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1-4- Resistance against the caste system in early India and its current status
early India resistance or challenge happened in the context of religion, or you can say
explanations of their protests against an exploitative system were also based on religion.
that challenges or changes took hold is evidence that untouchability was not simply
accepted by its victims. For now, suffice it to say that we do indeed find protests against
the caste system going far back in time. Below we see a brief sketch of the most notable
challenges.
The first two attempts were rise of Buddhism and Jainism in India; both were
direct attempts to challenge the Varna system and establish egalitarian societies, both
religions came to counter Brahmanical supremacy in the early Indian society but both of
these reform-religions lost their potential for large-scale influence after only a few
centuries. Dr. Ambedkar also referring evolution of Buddhism was basically challenged to
the caste system and Brahmanical supremacy, and struggle for spiritual supremacy began
between Buddhist monks and Brahmans Priests which lasted, with varying fortunes for ten
centuries. It ended after the death of King Harsha of Thanesar (650AD) with the complete
victory of Brahmanism55. And after that Buddhism and Jainism lost their potential for
large-scale influence in India but it expended out of Indian continent in Asia more
specifically Buddhism.
55
Bhardwaj, A (2002): p.10
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The next serious challenge to the Brahmanical hierarchy came with the Bhakti
movements; so-called devotional movements which can be traced back to the seventh
century, but which exerted their main influence in the period between the 14-17th
centuries. They were spearheaded by devotional mystics later canonized as Hindu saints.
These holy men were mainly from the lower castes, some of them Untouchables, e.g. the
famous Bhakti poet Kabir, whose poetry include direct attacks on Brahmin supremacy.
The Bhakti saints sought to renew faith by casting aside the heavy burdens of ritual and
cast and encouraged people to simply express their love of God. The movements were
region specific and one of their greatest contributions was the popularisation of people’s
languages as opposed to Sanskrit, which had remained the language of the Brahmins.
Bhakti literature was all in the regional languages, which enabled the strengthening of
different identities distinct from the Brahmanical hierarchical identity. Later on these
challenges took the shape of separate religion. But once again, the Brahmanical caste
system proved resilient to drastic changes, and was able to marginalise the Bhakti
movement, resorting to outright violence as well as the cooption of the gods and
Other currents that challenged the caste system in North India and parts of South
India came in the form of Sufism, which preached an egalitarian, socially just and
‘secular’ Islam, and Sikhism, which preached the equality of man and vigorously opposed
Brahmanical Hinduism in the Punjab, and the emergence of a feudal ruling class headed
by monarchy there, also saw the absorption of the caste system within the religion itself
56
Jacob (2002): p.6-7; Hardtmann (2003): p.48 and Kiertzner, A. (2006): p. 34
167
MAINS Thesis, 2009
and the resultant degeneration of original egalitarian values. Untouchables remained
Untouchables, and today Punjab has the highest percentage of Untouchables in the
country57.
Thus we see that the Brahmanical caste system encompassed not just Hinduism,
but also the other religions present on the continent. A similar thing happened with the
for example separate cemeteries for caste Hindus and Untouchables are not uncommon.
Besides providing evidence that resistance to untouchability is not only a thing of the
recent past, the rise and fall of these different religions and traditions points to the tenacity
smothering radical schools of thought that challenged the control of the high castes 58.
Theoretically analysed by Mendelsohn & Vicziany, the failure of those challenges is based
on the tenacity of orthodox Hinduism. A practical and short answer is given by Anil
Bhardwaj.
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original function had been confined to the expert knowledge and
performance of religious ritual, had acquired a monopoly of all
important branches of learning”. 59
The above historically based argument by Anil Bhardwaj and current marriage
system of all big religion in India if we see and analyse then we can find the similarity of
Manuscript define to maintains and sustain the notion of purity of “Caste” and “Varna”.
The endogamy practices of any religion in India serve to promote and propagate the caste
system in India. As well as reproduce the caste system in India. This is also one of the
biggest issues for the Indian civil society to properly address. There are many laws, a few
were enacted by British and later on modified by the Government of India, but they are
not affected as the motive of that law to eradicate the caste system and stop the violations
However, in this chapter we see the history of Dalits and root of Untouchability
and protests against untouchability all happened within the Hindu fold as trying to change
Hinduism or provide alternative. Also other religions were influenced by the notion of
‘caste’ in India. But in the beginning of the 20 th century saw the arrival of two great
reformers came who address the issues of untouchability and caste in India: Dr. B. R.
Ambedkar, and M. K. Gandhi. Next chapter is dedicated to these two legendry leaders
who changed the face of India as well as the issue of Indian Dalits. Current Indian civil
society follows their approaches to address the issues of Indian Dalits. So it is very
necessary to understand the basic approaches of these leaders, the differences between
59
Bhardwaj, A. (2002): p. 9
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their approaches and their contradictions. Then we can easily understand the current Dalit
NGOs work, their composition and the challenges they face as they address to the caste
system in India.
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Chapter - 2
India Approaches to the welfare of Dalits are based on two ideologies: that of Dr. B. R.
Ambedkar and M. K. Gandhi, two approaches. The first autonomous anti-caste anti-Hindu stance
crystallized in the 1930’s60, epitomized by the controversies between the two historical figures
B.R. Ambedkar and M.K. Gandhi. These controversies are of significance for an understanding of
today’s Dalit movement, because Dalit activists in their discourses now constantly refer back to
this historical period61. Most Dalits’ NGOs and members of civil society who are working for
Dalit Human rights and elimination of the caste system in India, follow approaches based upon
the ideologies of Gandhi and Ambedkar. And also today’s Indian government policy towards
Before I start to write about these legendary leaders and their contribution to the Indian
society and Dalits, first I have to accept the fact I am not capable enough to write and comment
about them. I will just try to see them and their work according to my little knowledge and
understanding of their ideological approaches and their contribution to the Indian society.
60
The Adi movements of the 1920’s were in important ways forerunners to this decisive break from Hinduism. The
activists of the Adi movements claimed to be the original inhabitants of India, Adi meaning ancient or original,
defeated by the Aryans. These movements were found across the country, e.g. Adi Andhra in Andhra Pradesh, Adi
Dravida in Tamil Nadu and and Ad Dharm in Punjab, but where largely unrelated. Most of the movements adopted
a clear stand that they were not Hindus, but they also took a lot of their inspiration from Hindu poetry, including
from the Bhakthi saints, and are therefore not easily categorised into either an autonomous anti-caste anti-Hindu
tradition or a Hindu caste-reform tradition (Hardtmann 2003: 46-47).
61
Kiertzner, A. (2006): p.35
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MAINS Thesis, 2009
In 1919, when Gandhi appeared as a shining star in an Indian political horizon, His
magnetic personality gave a new life to the Indian freedom movement as well as the old congress.
Under Gandhi’s Indian Congress got face lift and was converted into a mass organization,
In the beginning, Gandhi was firm in his belief that if the untouchables were permitted to
enter the temples, the blot of untouchability would vanish. It was this belief which prompted
Gandhi to incorporate temple entry as a part of his anti-untouchability campaign which was
Yervada prison, Gandhi made fervent appeals to the orthodox and Santana caste Hindus to open
up their hearts and treat the untouchables as their brothers and sisters. He also undertook the tour
which is commonly referred to as the Harijan tour during the period of November 1933 to August
1934. On this tour Gandhi addressed 161places and covered a distance of 12650 miles63.
Gandhi was a devoted Hindu, and strongly believed that untouchability was a corruption
of Hinduism. His aim was social reform, transforming the Untouchables into a Varna and
removing their former stigma, thereby rectifying the original spiritual corruption of Hinduism. He
believed this would change the attitude of caste Hindu, encouraging the acceptance of
62
Bhardwaj, A. (2002): p.23.
63
Bhardwaj, A. (2002): p.24.
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MAINS Thesis, 2009
Untouchables as children of God, or “harijan”, a term coined by Gandhi in 1933, and used much
After a long campaign for Untouchables, Gandhi also realized the ugly reality of the caste
system and there was a considerable reconceptualizaion of the issue. In 1935 he become a critic of
the caste system but continued to be a votary of Chaturvarna65 in Varna dharma. That is the time
when his all the comments still criticize by many Dalits activist to dominate and ignore what
Gandhi did for untouchables but we forget that the same Gandhi who in 1930 fully opposed to
inter-dining and inter-marriage as he felt that such things should be left to the unfettered choice of
the individuals. In 1935, he was against creating artificial little groups which would neither inter-
dine nor inter-marry66. However, by 1946 there was a complete volte-face in his approach. It was
in this year Gandhi made a startling announcement to the effect that in Sevagram, his Ashram at
Wardha, no marriage would be celebrated unless one of the parties was untouchable by birth. And
he said:
“Untouchability is the sin of the Hindus. They must suffer for it, they must
purify themselves, and they must pay the debt they owe to their suppressed
brothers and sisters. Theirs is the shame and theirs must be glory when they
purged themselves of the black sin. The silent loving suffering of one single
pure Hindu as such will be enough to melt the hearts of millions of Hindus;
but the suffering of thousands of non-Hindus on behalf of the untouchables
will leave the Hindus unmoved. Their blind eyes will not be opened by
outside interference, however well intentioned and generous it may be; it will
not bring home to them the sense guilt. On the contrary, they would probably
hung the sin all the more for such interference. All reforms to be sincere and
lasting must be from within”.67
64
Perez 2004: 15-17 and Hardtmann 2003: 51
65
The Varna system is based on four Varna so it’s also called Chaturvarna system.
66
Harijan, November 16, 1935: p.316
67
the collected works of Mahatma Gandhi (New Delhi: government of India, ministry of information &
Broadcasting), 1967, Volue xxIII, p515-16
173
MAINS Thesis, 2009
Gandhi in the name of reborn he also said:
approach. The top down approach, meaning basically he wants to reform Hindu religion and
society to stop practicing Untouchability and also in the name of untouchable they should not
carry any discriminatory social and ritual religiously oppressive practices. On the other hand
Gandhi also appeals to Untouchables to get rid of and not to take the reform work is, because this
is the job of caste Hindus only. According to Anil Bhardwaj “He never used them as apolitical
weapon or an ideological stance and wanted them to gain their own strength to stand on their own
feet69.
Ambedkar was born in Mahow Indore on 14th April 1891, an untouchable Mahar, a caste
group that traditionally worked as village servants in Maharashtra. With the help of the Maharaja
of Baroda who was impressed with his intellectual capacities, and due to the fact that his father
had worked in the British army and had some financial means, Ambedkar gained access to an
education traditionally inaccessible to someone of his social position70. Still, his education and
68 th
Yang India, 4 May, 1921, p.144
69
Bhardwaj, A.(2002): p.40.
70
Ambedkar obtained a Ph.D. in economics at Colombia University, New York, in 1916, and a D.Sc. in economics
from London School of Economics and Political Science in 1923, the same year he became a barrister at law and
was admitted to the British Bar.
174
MAINS Thesis, 2009
later his professional life were strongly marked by the stigma of untouchability. In primary school
he had to sit outside the classroom and was not allowed to drink from the common water tanks
and later, at secondary school, there was objection to his studying Sanskrit, the language of the
scriptures, strictly forbidden for an Untouchable. He had difficulty finding accommodation both
at university hostels, and later when he was stationed in different parts of the country as a
government official. Even when he was appointed Minister for Finance in Baroda (a political post
never before occupied by an Untouchable), he was discriminated against by his peers, who
refused to touch any document he may already have handled71. Based on his own experiences,
Ambedkar adopted a social and political perspective contrary to Gandhi’s; to him, the problem of
untouchability was intrinsic to the whole construction of Hinduism, and he believed there would
Ambedkar was popularly known after completing his education he started to work for his
people. First, in 1919, he gave evidence before the South Borough Committee to constitute
separate electorates for untouchables. He started a weekly paper ‘Mooknayak’ (Leader of Dumb)
Ambedkar deeply craved a new social order based on the lofty principals of “liberty,
equality, fraternity and justice”. These principals are the core of his philosophy. In 1924, he
established the ‘Bahishkrit Hitkarini Sabha’, the untouchable’s welfare forum. The aim of which
was to prepare the untouchables for future struggle. Through this Sabha, Ambedkar gave a clarion
71
Perez (2004): p.17-18
72
A full exposition of this view can be found in Ambedkar’s “Annihilation of Caste: With a reply to Mahatma
Gandhi” (1936)
73
Kuber, W. N. (1963): p.18.
175
MAINS Thesis, 2009
call to his peoples to “Educate, organize, and agitate”74. He looked upon law as a vital means for
social change or social engineering, the aim of which should, of course, be social justice. The
Though analyses of the problems of untouchables as put forth by Ambedkar may only be
an indicator of the prevailing system and condition of his times, His ideas continued to guide the
successive government in formulating the welfare policies for Dalits and others depressed classes.
At present, Dalit activists and NGOs who work for Dalits Human rights, using his three words
“Educate, Organized, Agitate” to librates Dalits. As Ambedkar’s principles and his concept of
socio-legal philosophy pointed out by Anil Bhardwaj, I will discuss and argue the significance of
his theory and philosophy, his followers, and current Indian civil society, how they interpreted
and implicated his principals in their work and outcome, and their counter arguments, in the last
untouchables was intangible in the binging, but it was crystallized in 1932, and the resulting pact
between Gandhi and Ambedkar still plays a core role for the welfare of Dalits in India. In 1931, at
the second Round Table Conference held in London, held by the British Government regarding
the proposed reforms of the new constitution of India75, they were both present and both claimed
to represent the Untouchable castes. At this conference, the so-called “Communal Award” was
74
Bhardwaj, A. (2002): p.45.
75
The India Act of 1935 quoted by Bhardwaj, A. (2002):
176
MAINS Thesis, 2009
announced introducing separate electorates for the untouchable castes. Ambedkar was strongly in
favour; Gandhi, on the other hand was strongly opposed arguing that separate electorates in any
form for the untouchable castes implied the risk of splitting Hindu society and destroying
Hinduism76. Gandhi’s response was to enter into perhaps the most famous of his ‘fasts unto death’
on 20 September 1932. Faced with the martyrdom of the Great Mahatma, Ambedkar had no
choice but to back down. He agreed in the Poona Pact to give up on separate electorates for
Untouchable voters in return for a substantial increase in the number of general seats to be
reserved for candidates from the untouchable castes. But it was a bitter compromise and
Ambedkar later commented on Gandhi’s fast in his book ‘What Congress and Gandhi Have done
to the Untouchables (1945), saying there was nothing noble in the fast, rather it was a foul and
filthy act constituting the biggest betrayal of Untouchables in history. Ambedkar’s concern was
that in the general constituency Untouchables would always be a minority. Without separate
electorates there was an overwhelming risk that the caste Hindu majority would come to choose
the representatives among the untouchable castes who were seen to be most loyal to their own
interests and not to the interests of the Untouchables. Unfortunately, the current political climate
Ambedkar’s motives for the fight for separate electorates for Dalits have been frequently
questioned and unjustly linked with an anti-nationalist agenda. His stance was deliberately
76
Muslims had been granted separate electorates with the India Act of 1909 also known as the Morley-Minto
reforms, and we see how the issue of separate electorates is a continuation of the already mentioned debate on
how to categorize Untouchables in the census.
77
See e.g. the book The Chamcha Age – An Era of the Stooges written by Kanshi Ram, founder and leader of the
Bahujan Samaj Party (BSP), in 1982, the fiftieth anniversary of the Poona Pact. The title itself is revealing of his
views. See also Jaffrelot (2003), Hardtmann (2003): p.55-57, Perez (2004): p.18, Mendelsohn & Vicziany (1998):
p.104-105 and Kiertzner, A. (2006): p.37-38.
177
MAINS Thesis, 2009
misconstrued, and he had to bear the burden of being labeled a traitor simply because of his plea
that the rights of the Dalits should be made a pre-condition for independence from the British.
The visual images produced of Ambedkar and Gandhi, loaded with cultural references, further
serves to set them apart. Ambedkar is always portrayed in western attire, suit and tie, with a book
under his right arm whereas Gandhi is portrayed in a simple loincloth sitting next to the spinning
wheel used to produce khadi, the symbol of a united Indian people against colonial powers78.
Where Gandhi became known as ‘Mahatma’ Gandhi, the Great Soul, or the Father of
Independence, Ambedkar became known as ‘Babasaheb’ Ambedkar, the Great Man, and as
Father of the Indian Constitution, because he was the first Law Minister in independent India as
well as chairman of the committee that drafted the Indian Constitution. But compared to Gandhi,
Ambedkar has been unknown outside India until quite recently. It is only with the intensified
activities of the Dalit movement in the 1990’s that his name has become somewhat better known.
Among Dalit activists there is today a lot of hatred towards Gandhi and resentment that their hero,
Ambedkar, is so little recognized within as well as outside India. It is felt that Ambedkar would
have been recognised as a great social reformer on par with Gandhi, or perhaps rather Karl Marx,
78
Kiertzner, A. (2006): P.38.
79
Hardtmann (2003): p.51.
178
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Chapter -3
In this chapter I will attempt to give a detailed picture of the Dalits situation in India. I will
first describe Dalit education in India to give general information and also draw attention in
Indian “throw out system” in education. Thereafter, a detailed understanding of land rights of
Dalits and the situation of Dalit women in India will described in this part of my thesis.
The suffering and total marginalization of a major portion of Indian society, dates back to
the time immemorial. Though even the perpetrators of these offences of Dalits concede to the fact
that they were the earlier inhabitants of this land, the heap of insults and the untold story of their
miseries on all fronts still goes unchecked. The arrival of the British to a certain extent proved to
be a blessing in disguise for the untouchables. The British made them understand that the
education can play a major role in freeing them from the shackles of slavery. According to Dr.
Bhalchandra Mungekar: “Education is the surest and the soundest key to Dalit Progress”80.
Historically, Dalits in India were prevented and strictly prohibited from getting an
education and the caste system in Hinduism clearly describes the practices to discriminate against
Dalits in term of education. The development of Indian society is also based on education but due
to religious hypocrisy and social acceptance of caste Dalits are unable to access the educationel
system and there is no special system that provides education especially for Dalits.
80
Mungekar, B. L. (2002). Education :The only key to Dalit progress, paper presented in International conference on
Dalits Rights, UK.
179
MAINS Thesis, 2009
In the British Colonial period, the British started providing opportunities for the education
of Dalits. They opened the door of educational world for Dalits in India. But they had their own
political interests and according to their political interests they made two types of education
structures in India. An education structure for the elite class and one for Dalits.
After independence, the Indian government also continued the same type of dual
education structure. According to scholar Deepali Gakhar in her paper presented in seminar
entitled “Dalits In Education” she mentions that in India “higher education is elite” 81 . In
independent India the main objective of education is to look after the needs and development of
Dalit children who have remained isolated from the ambit of education for centuries. After
independence the new government at least took some steps to rise the educational standard of the
Dalits, however the result of this has not been satisfactory in terms of implementation and
outcome. The Indian government also does many things for the higher education of Dalits
children but proper access in higher education is still very far for Dalits. Mere primary or basic
education is not sufficient for Dalits empowerment, and not providing proper opportunity for
Here I make an attempt to look into the position of Dalits and their access to the higher
education in India and their educational development in the post independence period. Education
81
Gakhar, D. (2001). Paper presented in seminar entitled “DALITS IN EDUCATION”. New Delhi.
180
MAINS Thesis, 2009
time immemorial’ till the end of the nineteenth century was limited only to a few privileged
classes. Brahmins82 had monopolized the entire educational sector in India. They were considered
supreme and education became their property. The Shudras83 and untouchables84 (Dalits) were
Instructions in formal education were more or less limited only to the dwijas (“twice-
born”) castes. The Brahmins who studied classical religious texts and interpreted and
communicated them to the illiterate masses in their local dialects. The Kshatriya had to learn to
rule and get acquainted with the weapons, state crafts and organizational matters and some
schooling for this purpose was necessary. The Vaishyas required knowledge of arithmetic for
transacting business, keeping records and maintaining accounts. Lastly skills necessary for
making crafts at the domestic level could well be acquired at home, i.e., the artisan groups or the
Shudras. So the “untouchables” were the only section of the society left out with no accessibility
to education of any kind. If there is no accessibility of Dalits in education then talk about the
accessibility in higher education is not logical. “Denial of education to the Dalits perpetuated
Examples of denial of access to education can even be seen in the Hindu epic The
Mahabharata 86 . There are examples of education structures when Pandaw 87 and Kavraow 88
82
Brahmins is the highest caste in caste order of the Hindu varna system
83
the lowest caste in caste order of the Hindu Varna system
84
peoples they are not included in caste order of the Hindu Varna system and facing discrimination
85
Gakhar, D. (2001). Paper presented in seminar entitled “DALITS IN EDUCATION”, New Delhi.
86
One of the Holy book of Hinduism
87
the sons of the kings and by caste Kshatriya in the Book of MahaBharat
88
the sons of the kings and by caste Kshatriya in the Book of MahaBharat
181
MAINS Thesis, 2009
wanted to be educated they went to an Ashram to study. When one tribal child Eklawya89 went to
get en education in same Ashram where there Pandw and Kavraow were studying then Guru
(Teacher) Drownacharya denied him education because Eklawya did not belong to the Kshatriya
caste. There was no other ashram available for him to get the same education for himself.
The British were silent for a long time on the question of promoting education among the
native population. In 1813, parliament decided to spend less then one hundred thousand rupees
for the improvement of literature and the encouragement of learned natives of India. But the
depressed classes were crestfallen as British government ruled that education was to be a
preserved for the higher classes. No schools were opened for depressed classes before 1855
because of the deliberate policy of the British to provide the benefits of the higher education
exclusively to the Brahmins and other upper classes. The depressed classes were not allowed by
the government to have their slice of education. And its maintain cycle of oppression in Indian
society. What is the political interest of British that is the deferent issue but Dalits can start excess
and test the education in India after long time of oppression and discrimination.
According to Indian constitution, India is a welfare state so many policies were based on
welfare; but at the same time Indian government also started industrialization programs for the
development of India. And in this industrialization, dominant castes also wanted to sustain their
social status during a time when standard education was developing. The upper caste reaction:
89
Belong to non Kshatriya caste man in the book of MahaBharat
182
MAINS Thesis, 2009
The literacy rate is internationally recognized as an important indicator of educational
development. The Indian government also wants to demonstrate to the international community
that they also started to focus in increasing the literacy rate. An analysis of drop out rate in post
independent India was conducted: “During 1961-1991, the literacy rate rose from 10.27% to
37.41% among the Scheduled Castes, while it increased from 37.41 to 57.40% in case of the rest
of the population. Scheduled Caste” 90 children discontinued their studies prematurely before
reaching the level for which they have enrolled. The drop-out rate in 1986-87 for classes I-V was
50.79 percent in the case of Scheduled Castes. In classes I-VIII the drop-out rates were as high as
69.15% and 80.19% respectively. 70% of the students in the age range of 6-14 years among the
Scheduled Castes study in Government schools in rural India. Only 5% of the Scheduled Caste
28.5% in 1970-71, 25.38% in 1975-76 and 17.08% in 1977-78. It also reveals that the proportion
corresponding proportion in undergraduate level courses. A fewer Scheduled Caste students make
the transmission from the lower level courses to the professional subjects, which has a direct
Thus it is clear from the above analysis that there has been some improvement of
Scheduled Castes with respect to education in the post-independence period, but there is a big gap
90
Those Untouchable castes come under the Scheduled list of Indian constitution.
91
Analysis done by Deepali Gakhar in her paper Dalits and Education
183
MAINS Thesis, 2009
in the education level of Dalits and others and also a high dropout rate. Their low level of
educational development is largely due to their poverty and the social stigma attached to being an
“untouchable.” But there is one more important factor that was not recognized properly: the
accessibility of higher education to Dalits. The Indian governments focus on the increase of the
literacy rate, so the literacy rate is increasing, but access of higher education is not increasing
according to population and educational growth. And the dropout rate is increasing also because
all the policies are based on basic or primary education and increased the literacy rate. It means
there is no policy to allow adequate opportunity to pursue higher education, and Indian
government is following approximately the same pattern of British educational development and
government unwillingness to provide access to higher education to Dalit’s children. Again the
Article 21 right to equality based on “states along with opportunity” state will take affirmative
action or reservation system, for reservation in all Governmental positions and educational
institutes to ensure that Untouchables and tribes (Scheduled Castes /Scheduled Tribes) were
adequately represented. As per the constitutional right of reservation, Dalits are entitled to obtain
The reservation system is not enough to fill all the gaps in minority representation in the
Indian Government. With inadequate enough higher schools and colleges, there are not enough
educated Dalits to fulfill all reserved quotas. And when Dalit students seek admission to higher
studies, they are admitted due to reservation others who come under the meritorious fight against
184
MAINS Thesis, 2009
the reservation system because they never get the opportunity those are entitle to get the
admission and their rights are denied. This means reservation system does not give enough
opportunity for Dalits children but at the same time creates problems between Dalit and non-
Dalit students and creates a rivalry among them. This reaction turned bad recently when many
students started protest against Reservation system in Delhi. Before when the “Mandal
commission” 92 recommendation was enforced, there was also a negative reaction against
reservation system. It happened because of the limited opportunity for higher education and that
As I mentioned above the policy of reservation has been criticized on the grounds that, the
quota system is viewed as an encroachment on the rights of the ‘meritorious’ students drawn from
other castes and communities. This generates a social atmosphere not favorable to the Scheduled
Caste and scheduled caste students in these institutions often get discouraged when admitted
therein.
Dr. B.R. Ambedkar argued that “reservation is a movement for the establishment of social,
economic and educational equality in the society, which is probably the most effective method of
putting an end to the evils of the caste system”93. But the goals of the reservation system will not
be accomplish if there is a lack of proper opportunity for higher education in the educational
system. It doesn’t mean providing only the proper opportunity for higher education, but also
increasing the number of good and professional higher education campuses. Because if there are
92
A commission constituted by India government
93
Gakhar, D. (2001)
185
MAINS Thesis, 2009
not enough good and professional higher education campuses then few Dalit children will have
access to higher education. And if there are too few sources for intermediate education then it’s
The effect of this problem can be seen In J.N.U. (Jawaharlal Nehru University, New
Delhi) where only about 15% of the seats reserved have been filled so far. Further in the year
2001, of the 22.5% reservation eligible to Dalits, only 6.3% is filled up, in the B.Tech course in
IIT Madras. As Deepali Gakhar argued in her paper, “Their less representation is caused by in-
built social and structural constraints. These operate [both] at the levels of their family
background including social and economical positions”94. But my argument is, as I said above,
that at first, if we don’t have enough Inter college campuses in proportion to the Indian population
then these castes based structures will not give proper opportunity to Dalits to access Higher
education and, as a result, they will end up as drop outs halfway through their education. Second,
without intervention of the state it is impossible to provide proper opportunity to these students
who are marginalized and suppressed in this society. And third, states should also strongly
monitor the issues of Untouchability and discriminatory practices in higher education. In the
name of ragging, untouchable students are tortured in Universities and hostels. Without enough
inter colleges and higher education campuses, fights between Dalits and others in the name of
94
Ibid
186
MAINS Thesis, 2009
School’s dropout rates show a pattern of “throwing out” Dalit children. It’s very crucial to
understand the patterns of Dalit dropouts second one must identify the root cause of this dropout
of Dalit children. Thus, in the following Tables we look at the statistics relating to school
attendance rates among children in the age group 4-14 belonging to the above categories, with
regards to sex and their origin (rural or urban). Again, the information relates to three points of
It is heartwarming to observe in this table that over a time school attendance rates among
SC and ST children are increasing. But compared to the children belonging to category ‘other’,
they are lagging far behind. Further, the gap is much wider in the case of female attendance rates
of two Dalit categories vis-à-vis ‘other’. Lastly, the school attendance rate among SC/ST children
in rural areas is less satisfactory when compared to those in urban areas. In other words, school
attendance rates among the SC/ST children in general and those among rural females in particular
are quite unsatisfactory compared to those among the non-SC/ST children. What is further
distressing is that, the drop–out rates among the SC/ST children are also much higher.
Table 1
School Attendance Rates among Children in the Age-group 5-14 yrs. (i.e. number of
children attending the school per 100 children in the age-group) for different social groups in
India.
187
MAINS Thesis, 2009
1983@ 1987-88 1993-94 1983@ 1987-88 1993-94
Rural
ST 39.50 44.50 57.90 20.40 26.20 40.90
SC 48.90 49.80* 64.30 25.50 31.10* 46.20
Other 59.20 63.40 74.90 39.20 45.80 61.00
All 55.30 58.90 71.00 34.80 41.10 55.90
Urban
ST 67.00 67.20 79.70 52.70 62.30 69.70
SC 66.70 68.20* 77.50 52.30 53.80* 68.60
Other 76.50 78.00 86.80 69.10 72.60 83.00
All 74.80 76.40 85.30 66.40 69.90 80.70
@ Figures correspond to current enrolment rates.
* Neo-Buddhists of Maharashtra are not considered under SC for obtaining the estimates.
Source: Sarvekshana, vol. XII, No.4, April-June 1999.
This being the case the levels of education among the SC/ST population compared to the
non SC/ST population is bound to be different. How they are different is shown in Table Two.
Thus, Table 2 shows that the levels of middle, secondary and higher secondary education among
the male as well as female population in both rural and urban areas among the SC/ST population
Table-2
Percent Distribution of Persons of Age 15 years and above by General education for
188
MAINS Thesis, 2009
Other 34.90 28.90 17.30 10.50 5.00 3.40 - 100.00
All 41.10 27.60 15.40 8.90 4.20 2.60 - 100.00
Rural Females
ST 84.30 10.10 3.50 1.40 4.00 2.00 - 100.00
SC 82.40 11.60 3.90 1.60 4.00 1.00 - 100.00
Other 65.50 19.00 8.70 4.40 1.50 7.00 - 100.00
All 70.80 16.60 7.30 3.60 1.20 5.00 - 100.00
Urban Males
ST 25.00 27.60 17.10 14.30 7.60 8.00 2.00 100.00
SC 31.90 29.00 17.80 10.40 6.00 4.80 1.00 100.00
Other 13.70 22.40 18.60 18.60 11.80 14.80 1.00 100.00
All 16.20 23.30 18.40 17.50 11.00 13.40 1.00 100.00
Urban Females
ST 50.50 19.10 13.30 7.90 5.30 3.50 3.00 100.00
SC 62.00 17.80 10.10 5.50 3.20 1.20 - 100.00
Other 32.20 22.20 14.90 13.90 7.80 8.90 1.00 100.00
All 36.30 21.60 14.30 12.70 7.20 7.80 1.00 100.00
Source: As Table 1
Relatively low school attendance rates accompanied by high drop-out rates among SC/ST
children creates a lack of proper opportunity and sow the seeds of low achievements standards of
Dalit children to benefit from the available opportunities in the various spheres of the society,
According to the above attendance rate and dropout status we will now look into the
reasons underlying the drop-out rate of Dalit children. The problem of school drop-out among
Dalit children is a complex one, having multiple causes behind it. We may, however, integrate the
items which have some proximate relationship among themselves. The reasons have been divided
into six broad categories. Deepali Gakhar analyzes the causes of dropping out and come to the
conclusions that there are 5 major causes of Dalits dropping out of school that include: “Poverty
and Economic Hardships, School and School Related Factors, Domestic Existences, Individual
189
MAINS Thesis, 2009
Deficiency and Cultural Factors”95 but there is one more crucial, intangible factor the lack of
Poverty and associated handicaps are chiefly responsible for the drop-out incidence among
Dalit children. The next contributory element to reckon with is the existing inadequacy of the
school system. Punitive, unhelpful and impersonal attitudes of school teachers as well as the
aggressive and unfriendly acts of school mates seem to have created a credibility vacuum between
Dalit students and the school system. The third, fourth and fifth categories relate to family or
personal issues like sickness and death, declining interest of the child in studies and superstitious
beliefs and values against the continuity of school education. In general, the economic
backwardness of Dalit families and unreceptive and discourteous atmosphere in the school
constitute two major barriers that lie at the root of the drop-out problem among Dalit children, but
the last category alone plays a greater role very intangibly and without addressing this cause, we
cannot control the drop out of the Dalits children in education. Above I already mention many
cause of drop out of Dalits children but one more important part I observed is being missed by the
social thinkers and by our society and government. This factor forces me to say that it’s not drop
out its “Throw- out system” which means the intangibly prevented proper opportunity for higher
education.
An example in the Varanasi District in India, in a total of nine blocks, each block has a
number of Government primary schools96 (till 5th standards only) as shown in table no.3 below.
95
Gakhar, D. (2001)
96
Varanasi District Basic Education Department, primary schools list Register, 2008
190
MAINS Thesis, 2009
Table No. 3
As the table above shows, the total number of Primary schools is 1,79497 and if we include
200 schools, those which are run by the Indian government under NCLP (National child labor
Project) through labor department with the help of NGOs then the number of primary education
Out of 1,994 primary schools in Varanasi, there are only 162 governments inter colleges
(from 6th standard to 12th standard only). It means there are less than 10% of Inter colleges
required accommodate all children who have completed primary level education. It is impossible
for that percentage to accommodate all qualified children from 1,994 primary schools every year.
This means less than 10% inter college eligible student are not “thrown out” due to their inability
to get admission. It is also easy to say that this limit leads to the creation of standards and rules or
child has the right to a good and standardized education, but this system violates these
fundamental rights. The weaker section of society fall victim to this system namely the poor,
97
Ibid
191
MAINS Thesis, 2009
Dalits and women. These systems throw out those children who came from this section of society.
We already know that an overwhelmingly large percentage of the SC/ST population living
in rural areas work as agricultural laborers. Even the up and corners among them are generally
marginalized farmers lacking access to adequate social resources. In view of this problem, the
level of education alone could help them cross the boundaries of caste-based occupations and jobs
and secure socio-economic stability in their otherwise deprived lives. Such a low level of
education, however, compels a large number of the Dalits to undertake jobs that earn relatively
low income. This has as inevitable consequence poverty among the Dalits. Poverty is the main
factor to preventing them from getting a decent education. This is a cycle of hall progress that
throws out children while preventing them from making their own lives better.
As we know, a large proportion of Dalits come from the villages or rural areas, and they
are poor. Privatization of education and elite higher education is impossible for Dalits to access to
higher education campuses. Compared to Dalits students studying in Government inter collages,
there is a huge difference on the quality of education and this very evident in the higher education.
As we know 80% of students who attend university come from the top 20% of classes.
Under the caste hierarchy they fall under the upper caste and that realty was not yet been realized
by the Indian government until now. This proves that the throw out system has tangibly prevented
192
MAINS Thesis, 2009
Despite all these problems, if any Dalit can get access to these higher education campuses,
caste discrimination still applies and forces these Dalit students to cut short their higher education.
This type of discrimination demands society’s deep consideration as well as that of the state and
Denial of land rights to Dalits is directly linked to the caste system and its pernicious
influence results in gross human rights violations in multiple forms. Exclusion and discrimination
faced by Dalits is a corollary to the graded and iniquitous social system which prevails in Indian
society.
Because Dalits are discriminated against and marginalized by the religiously based social
belief they are assigned or bound for most heinous tasks like manual scavenging. Historically they
are landless and/or usually work in the agrarian field as bounded and labor. Almost half of them
(49%) are agricultural laborers, while only 25% are cultivators. By contrast, in 1961, 38% of
The caste system would have not perpetuated for centuries only through subjective
prejudices and the idea of pollution. One of the most formidable factors that provided enduring
strength to the caste system was its solid economic foundation. Again, what needs to be
98
Broken Promises and Dalits Betrayed BLACK PAPER on the status of Dalits Human Rights (A Summary)
193
MAINS Thesis, 2009
emphasized, is that the economic aspects of the caste system were sanctified by the Hindu
religious scriptures and, like every other form of social discrimination, they were also deeply
internalized99.
In view of this, it would be interesting to assess the extent of land ownership by Dalit
households. This is because in rural areas ownership and/or access to land is the single crucial
factor that enables one to share the benefits of agricultural development and also serves as a
symbol of social prestige. Thus, Table 1 shows that households owning less than one hectare of
land ,ade up 68.50% among the SC compared to 57.5% among others. Further, as we increase the
size of land owned by any household, the percentage of households belonging to SC families
continues decline when compared with those belonging to the category ‘others’. For example,
only 1.5 % of SC households owned more than four hectares while the same percentage for others
was 6.40. This unequal ownership of land among the SC households vis-à-vis the others
ultimately results in unequal distribution of gains of agricultural prosperity. In the case of ST the
position of land ownership is better than SCs and sometimes also ‘others’. This may be attributed
to the nature and features of the tribal economy and should not mislead one to conclude that
agriculture as an economic activity is more favorable for ST compared to the SCs, let alone the
non-SC/ST population.
99
Mungekar, B.L. (1999).
194
MAINS Thesis, 2009
3 1 to 2 18.70 08.00 15.10 14.00
4 2 to 4 11.90 03.90 09.90 08.00
5 4 above 04.80 01.50 06.40 06.00
6 Total 100.00 100.00 100.00 100.00
Source: Sarvekshana, vol. XII, No.4, April-June 1999.
primary occupation. The novelty of this table is that we have separate information for SCs, STs,
and ‘others’ i.e., ‘non-SCs and STs’. Thus, Table 3 shows that only 38% of ST and 20.10% of SC
households are self-employed in agriculture and 5.90% and 10.70% of them are self-employed
non-agricultural fields. Thus, all self-employed (both in agriculture and otherwise) ST and SC
households comprise 44% and 30.80% respectively. Compared to this, 43.30%, 14.50% and
195
MAINS Thesis, 2009
Furthermore, 37.80% and 49.30% of ST and SC households were agricultural labor
households, while the proportion for ‘other’ was 23.20%. Similarly, ‘other’ labor households
constituted 10.10% and 10.20% respectively for the ST and SC households with only 6.90%
among ‘others’. This shows that the majority of SC households depend upon their own labor as
their main source of livelihood, followed closely by ST households. In this respect households
belonging to category ‘others’ are far better off when compared to those of ST and SC100.
3-2-A-Steps taken by the Government of India and the Realities of those steps
After the independence of India, thanks to the efforts of Dr. B. R. Ambedkar the Indian
government adopted a constitution that ensures the equality, justice and fraternity. In order to
achieve these objectives some special pro-SC visions have been made available for the
downtrodden in general and for the SC and ST in particular. These provisions exist mainly in the
areas of education, employment in the public sector and political representation. Also, in addition
various acts have been passed against practice of untouchability (1955), violation of Civil Rights
(1976), and SC/ST prevention of Atrocities (1989). Various schemes and programs have been
introduced for the welfare of SC/ST communities. The constitution of India guarantees basic
human rights also known as Fundamental rights. Violation of these rights could be challenged in
the court. But From independence to today, after all these laws and rules, still Untouchables are
facing lots of problems and discrimination that are regularly highlighted by them, Media and
NGOs. Only the form of violation and discrimination has changed not social conciseness.
After independence many land reforms and land rights movements were affected and such
movement was Bhudan Andolan (Land Gift movement) started by Vinoba Bhave to promote the
100
Mungekar, B. L. (2002).
196
MAINS Thesis, 2009
Bhudan Movement over a period of twenty years, Vinoba walked the length & breadth of India
persuading land-owners and land-lords to give their poor and downtrodden neighbors a total of
four million acres of land, but most of the land was never reached the Dalits. This accrued even
though according to Bhudan Act, 50% of Bhudan Land should be given/distributed to landless
Secondly came the Land Reform Act. Land Reforms Acts which were envisioned as a ‘re-
distributive’ strategy to change agrarian relations and break the caste-class nexus of big landlords
and, had the potential to provide reparation for the crucial disability inflicted upon Dalits by the
caste system. “The implementation has however been subverted by the absence of political will
and bureaucratic commitment, loopholes in the laws, tremendous manipulative power of the
landed classes, lack of organization among the poor and excessive interference of courts”101.
According to the Report of the National Commission for Scheduled Castes and Scheduled
Tribes102, as of 30 September, 1996, about 5.213 million acres of land were distributed at an all-
India level. Of these about 1.8 million acres were distributed to SC, and 2.67 million acres to non-
SC/ST persons. A total of 5.121 million beneficiaries have so far been covered, of which 1.84
million were SC, and 2.55 million non-SC/ST. The land distributed per SC/ST beneficiary comes
to 0.977 acre, which is less then the 1.047 acres for each non-SC/ST. Of the total land distributed
to SC households, however, West Bengal alone accounted for about 20 percent, followed by UP.
In terms of share in beneficiaries, West Bengal also accounted for nearly 43% of total
101
Report on Prevention of atrocities against Scheduled Castes, NHRC, 2004, p.85
102
1995-96, Government of India
197
MAINS Thesis, 2009
.
The egalitarian principles enshrined in the Indian Constitution have not been realized up
to a great extent even after five decades of a modern and democratic system of governance in the
country. Dr. Ambedkar was very clear on this matter. One of the biggest issues he had with the
Congress party and Gandhi ji concerned caste. The Congress held that political power could
tackle caste, whereas Dr. Ambedkar thought that caste would have to disintegrate from within.
Through his writings, he pointed out the limitations of legislation or the power of the State in
“As experience proves, rights are protected not by law but by the social and
moral conscience of the society. If social conscience is such that it is
prepared to recognize the rights which law chooses to enact, rights will be
safe and secure. But if the fundamental rights are opposed by the community,
no Law, no Parliament, no judiciary can guarantee them in the real sense of
the word”103
Dr. B.R Ambedkar’s words from 60 years ago are today’s ground reality. As an example
of land dispute and atrocities in India we can see the situation of Dalits in India.
In a village named Baranpur in Korao Block Tahasil Meza on the 4 th of January 1958
Vinoba Bhave get 1095 Bigha Land which he redistributed as a token gester to 18 th Dalits about
95 bigha land and rest of the land he give to Bhudan Samiti (Committee) and he expected that
103
Bhan, C. (2008).
198
MAINS Thesis, 2009
according to Bhudan Act land was redistributed to all Dalits but Upper caste people make a trust
name of Sarvoday Mandal Baranpur trust and they transfer 600 Bigha land to the name of that
trust. When the people who know this they apply to get back their land and rest of the land was
return to the land lord of that area. It happened in 1960 but upper caste was doing all this in the
paper and government register. In 1975, an upper caste group with the nexuses of the police and
political leaders, came and took possession of the land and destroyed Dalits crops that day, a Dalit
committed suicide, shocking everyone. After that, Dalits went to the court to sue and to fight for
their land rights but to this day after 33 years, the case is pending. Meanwhile more the 50 cases
were fabricated against Dalits with the help of the police to demoralize them and more then 100
counts of mass atrocity took place in that village without any result favoring Dalits. This is the
ground reality of Bhudan land distribution. The 18 people who got titles for land during the
Binova Bhave were listed as landlords in the government record but in reality they received
nothing and are still landless. This is one example of the thousands of pending cases of Korao
block alone104.
Chamalpur Village, Allahabad District, Uttar Pradesh. A disputed and unused piece of
land was under consideration to be allotted to 7 Dalit families. On the afternoon of 10 November,
2006, a dominant-caste member of the village, along with his family, began to erect a house on
the land. When the Dalits learned of this, they rushed to the police station to lodge a report. The
police officials discouraged and demoralized the Dalits and did not register the complaint. The
Dalits then returned to the land where they requested that the perpetrators stop working and
104
News paper (Nishpaksh Pratidin on 20 November 2007 Lucknow, UP, India)
199
MAINS Thesis, 2009
showed them the stay order of the court. In response, members of the dominant-caste Yadavs
began to curse the Dalits and fired gunshots at them, injuring 21, six of them seriously. No arrests
have been made and no protection has been provided to the Dalits though they continue to receive
If we look deeply we will find that all case studies give us an idea of the facts and figures
of government reports and also those to which I refer above, and the reality of the land ownership
of Dalits. And we clearly understand the situation of Dalits as well as the violations, atrocities and
crimes committed against in India are dire. Indian government reports Crimes against Dalits
according to official Indian crime statistics, averaged over the period 2001-2005, are as follows:
These types of cases and records of atrocities give us an idea of the situation of Dalits land
rights and the government’s will to deliver justice to the Dalits. It also shows the caste system and
According to Vandana Shiva, “We are witnessing the worst expressions of organized
violence of humanity against humanity because we are witnessing the wiping out of philosophies
105
www.ncdhr.org.in
200
MAINS Thesis, 2009
of inclusion, compassion and solidarity. This is the highest cost of globalization -- it is destroying
our very capacity to be human. Rediscovering our humanity is the highest imperative to resist and
reverse this inhuman project. The debate on globalization is not about the market or the economy.
It is about remembering our common humanity and the danger of forgetting the meaning of being
human”.106
From Independence to today, in the name of development, Untouchables face many types
borrow land from landlords with terms and conditions and those landlords have extra land that
they are unable to cultivate. They give that land to Untouchables for cultivation and after one
season they divide crops according to there terms and conditions. But after the widespread use of
big machines like tractors and harvesters, landlords stop giving land to Untouchables so due to
mechanized agriculture Untouchables and SC are also losing their agriculture work. Secondly, in
India agricultural work was traditionally done in villages but now big farm houses and
agricultural fields are more common and the 70% of the SC and Untouchables population lives in
villages are loosing their livelihoods. Third, in the name of development, the Indian government
introduced mega structure development projects and to make way many Untouchables, SC and
ST peoples are forcefully displaced from their traditional villages. Fourth, in the name of SEZ,
(Special Economic Zone) the Indian Government gives land to big private companies: lands
originally belonging to “landless” SC/ST and Untouchables who are not compensated.
Untouchables are still landless and the government forgets to give land to landless Untouchables,
106
Shiva, V. (2008). Globalization and Its Fall Out: Neither Prosperity nor Peace.
201
MAINS Thesis, 2009
In many parts of India, Dalits and Tribals are fighting for their land rights. In Gujarat,
Narmada Bachao Andolan (Narmada Dam Movement), in West Bengal, Nandi Gram and Signore
land movement. In Jharkand, Tribals are also fighting for their land rights. In Orissa,
Untouchables and Tribals struggle against SEZ. These are the few major struggles for land rights
in India. Still the Indian Government and bureaucrats are ignoring the land rights of Dalits.
Recently 25 thousand SC/ST, Poor and landless, marched from Madhya Pradesh to New
Delhi, the National Capital of India more than 1000 Km covered for land rights and Land reform
and they want to raise their voice because the Indian government and government officials are not
listening to their sentiments and suffering. They want to tell them that without land they cannot
live and survive. Land rights is the key issue for Dalits upliftment and it will happen only through
this fight for their land rights and through this struggle is going on. The lack of interrelation of all
land rights struggles is leaves only hope that in future changes will take place. What the cost will
Indian society, as I see it flows from hunting and gathering period until today as a
Religion and Caste based Patriarchal Capitalist Society. In these thousands of years of social
transformation, it did not only develop a society but also left back or forcefully prevented a
community from being a part of this “developed” society and exploited the rights of marginalized
peoples.
202
MAINS Thesis, 2009
This means that if we find those people or groups and communities who were prevented
from enjoying their rights in this socialization and development we can apply this to the current
Indian social composition of the society. We can say very easily that they are the religious
minorities, oppressed or the out caste (untouchables), women and the poor portion of Indian
society.
In the Indian caste system, untouchables some time called Dalits, or outcasts, are people
who, according to traditional Hindu belief, do not have any "Varna" (according to the traditional
caste system).Varna refers to the Hindu belief that most humans were supposedly created from
different parts of the body of the divinity Purusha (person). The part from which a Varna was
supposedly created defines a person's social status with regard to issues such as with whom they
may marry and which professions they may hold. Dalits fall outside the Varna’s system and have
historically been prevented from doing any thing but the most menial jobs. But today the caste
system does not remain only in Hindu religion it’s a social and cultural phenomenon and ground-
reality of Indian society and has affected other major religions like Islam, Christianity, Sikhism
and Buddhism.
Today the caste system does not only exist in India, it exists in a big part of South Asia
and Japan 107 . As I have said, Untouchables are outcaste and they face very inhumane and
degrading treatment from the upper or dominant caste people. Patriarchy is also a part of the caste
107
Japan historically subscribed to a feudal caste system. While modern law has officially abolished the caste
hierarchy, there are reports of discrimination against the Buraku or Burakumin undercastes, historically referred to
by the insulting term "Eta”. Studies comparing the caste systems in India and Japan have been performed, with
similar discriminations against the Burakumin as the Dalits. The Burakumin are regarded as "ostracized." The
burakumin are one of the main minority groups in Japan, along with the Ainu of Hokkaidō and residents of Korean
and Chinese descent
203
MAINS Thesis, 2009
system that worsens the situation of Untouchables women as victims of discrimination,
In this situation, an overview of Untouchables women and the violation of their rights and
struggles and future impact on South Asian society is. If the current society one of religion and
caste based patriarchal capitalist society, its first and worst victims are Untouchables Women who
not only face caste discrimination but gender based patriarchal violation and capitalist
exploitation as well. In this situation, Dalit women struggle or “Dalit Feminism” is the only hope
for the Future of Untouchables womens rights and a peaceful democratic society.
The caste system exists throughout Asia, particularly in India, Pakistan, Nepal,
Bangladesh, Sri Lanka and even in one part of Japan. The SC and ST, number around 260 million
people in South Asia (accounting for roughly 1/4 of India’s population), face systemic and
This means about 50% of 260 million people, or around 130 million people, are
Untouchables women found only in India and if we include Untouchables women from Pakistan,
Nepal, Sri Lanka and Bangladesh, then number of Untouchables women may reach around 150
million which is a very big population. These Women are especially discriminated against, even
within their own caste, as they are defined as intrinsically impure beings. Dalit women are forced
108
The Hague Declaration on the Human Rights and dignity of Dalit women (http://www.iheu.org/node/2474)]
204
MAINS Thesis, 2009
to perform the most degrading jobs, denied access to education, and are subjected to violence,
including the “Devadasi system” of forced and ritualized prostitution. Dalit women are basically
stripped of all their basic human rights, having no recourse against the men perpetuating these
Bhaniyana Village, Pokhran District, Rajasthan. A Dalit couple (Tajaram and Bhawari
Devi) are the only Dalits who own land in the entire village. Having no respect for them and
wanting to take the land to extend the campus of a nearby private school, several dominant caste
villagers sought to intimidate the couple. On the night of December 7, 2006, these dominant caste
members forcibly entered their house, molested and injured Bhawari Devi (failing in an attempt to
rape her) and ransacked and destroyed everything in her home. The police registered a report, but
have taken no measures to protect the family and have not apprehended the accused109.
This is the common case in terms of atrocities and Untouchables women are the soft target
for the dominant caste to control and maintain the status quo and also exploit Dalits and Dalit
women.
109
www.ndchr.org
205
MAINS Thesis, 2009
In India’s southern states, thousands of girls are forced into prostitution before reaching
the age of puberty. Joghinis, literally meaning “female servant of god,” usually belong to the Dalit
community. In the name of religion, thousands of Untouchable female children between six and
eight years are forced to become maidens of God (ritualized prostitution in temples). Once
dedicated, the girls are unable to marry and are raped by temple priests and upper-caste men,
eventually auctioned secretly into urban brothels for prostitution. It is estimated by NGOs that
Manual Scavenging
According to government statistics, an estimated one million Dalits are manual scavengers
who clear feces from public and private latrines and dispose of dead animals; unofficial estimates
are much higher. An activist working with scavengers in the state of Andhra Pradesh claimed, “In
one toilet there can be as many as 400 seats which all have to be manually cleaned. This is the
lowest occupation in the world, and it is done by the community that occupies the lowest status in
Thousands of female manual scavengers are forced to earn their living scavenging,
cleaning dry latrines, by using metal pans and a short broom to scoop up the night soil. The
excreta is carried in baskets on their heads. This dehumanizing practice has killed the dignity of
women at the same time these women believe that without this job they will have no way to earn
their livelihoods. Gender division reinforces and sustains caste distinctions, and gender ideology
110
(HUMAN RIGHTS WATCH) Caste and eye
111
Cast an Eye. International Dalits Solidarity Network
206
MAINS Thesis, 2009
legitimizes not only the structure of patriarchy but also elements of Caste hierarchy. Yet another
dimension of this ideology is that lower caste women are considered inferior and sexually loose.
women in India. As I mention before out of 27 atrocities against Untouchable every day and13
Untouchable murdered every week and many more. This is the data of violation of Untouchable
in India and if we include the domestic violation against Untouchable women and indirect mental
violation of Dalit women because of their male family members being subjected to atrocities then
situation of Dalit women is getting worse and worse. And this is an overview of atrocities to
understand the situation Dalit women in India only were I to include the data of Pakistan, Nepal,
Bangladesh and Sri Lanka the situation of Untouchable women would become unpredictable.
Untouchable Women are the most economically deprived section of Indian society.
•The female Untouchable labor force constitutes the backbone of Indian agricultural economy.
• 71% of them are agricultural laborers.
• 90% were cultivators (1991).
• 32.40% of the household sector and a large number of them employed in unorganized labor in
urban areas.
• A large number of them are employed in unclean occupation.
• They are denied just and equal wages, fair share in economic distribution, maternity benefits,
security and protection.
• Almost all Untouchable womens enter the labor market before the age of 20.
• 31.6% of all girl children from Dalit communities are child laborers (Guntur District – Andhra
Pradesh)112.
112
Manorama, R. (2000).
207
MAINS Thesis, 2009
The interface of the severely imbalanced social, economic and political power equations in
caste and patriarchy impacts Untouchable women uniquely, distinctly from the experience of
other women and even Untouchable men. These forces combine to expose them to increased
physical and sexual violence and increased exploitation of their labor. Together these keep
Untouchable womens from having access to and control over assets and resources. It does not
recognize their social and economic contribution. It limits their choices and opportunities, placing
them on the bottom rung in all development indicators. This process of exclusion and
discrimination inculcates the disrespect and indignity of Untouchable women at the hands of all
India is a democratic country and a signatory to most of the major UN human rights
treaties. These treaties provide the same rights for men and for women. Because India is also a
party to the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW)113, the Government has an extra obligation to make sure that women can realize their
rights. It is generally accepted in international law that governments have to do more than just
pass legislation to protect human rights. The Government of India has an obligation to take all
measures, including policy and budgetary measures, to make sure that women can fulfill their
rights. It also has an obligation to punish those who engage in caste-based violence and
discrimination. The government of India, as a modern country with a growing economy, has the
113
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by
the UN General Assembly, is often described as an international bill of rights for women. Consisting of a preamble
and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action
to end such discrimination.
208
MAINS Thesis, 2009
3-3-E (i)-Civil and Political Rights
India is party to the International Covenant on Civil and Political Rights. Based on this
treaty, the Government of India has an obligation to make sure that Dalit women can enjoy a
whole range of human rights, such as the right to life, freedom from torture or cruel, inhuman or
degrading treatment or punishment, freedom from slavery, the right to be equal before the court,
the right to recognition as a person before the law, the right to privacy, the right to marry only
with free and full consent, and the right to take part in public affairs. The life and dignity of Dalit
women depends on the realization of these human rights. However, they are breached
systematically.
An essential precondition for the realization of civil and political rights of Untouchable
womens is registration. Article 24 (2) of the Covenant provides that every child shall be registered
immediately after birth. In India, 46 % of all children are not registered. There is no system for
the registration of marriages. This is not only a barrier for the realization of civil and political
rights; it also prevents the protection of Untouchable girls from sexual exploitation and trafficking,
New elected Untouchable women village head Muniya Devi was brutally tortured and
stripped half naked by Dominant Caste people namely Ravindar Singh and his family. After
independence, it is the first time in that village Head seat was reserved for Scheduled Caste
women and it was also the first time that any Untouchable woman becomes village gead. The case
209
MAINS Thesis, 2009
This is just one reality of the practical state of the civil and political right of Untouchable
women. In many villages, when Untouchable women become village head, their husbands take
over their rights and force her to stay at home and do house work. In Uttar Pradesh, we call them
“Pradhan Pati” (Husband of Village head) and government officials also call them and except
them to take part in the official meetings in the name of his wife. This is another example of
“practicing” Civil and political right of Untouchable women. When her family members are
violating her rights, she is left with no choice and cannot do anything against them.
India is also a party to the International Covenant on Economic, Social and Cultural
Rights (ICESCR). This treaty not only identifies a range of economic, social and cultural rights,
but it also requires that all people have these rights without discrimination. The treaty also
discusses the ways in which states must work to realize these rights. The rights outlined by
ICESCR include the right to work and to just and favorable conditions of work, the right to form
trade unions, the right to social security, protection of the family, the right to an adequate standard
of living, including food, housing and clothing, and the right to health.
In villages, the situation is worse because all these so called rights do not exist in reality.
79.8%114 of Untouchable lives in the villages in India. This majority of women suffer a worse
form of human rights violation. These women hardly enjoy any of these human rights.
114
Caste an Eye
210
MAINS Thesis, 2009
3-3-E (iii)- Millennium Development Goals and Dalits Women
In 2000, 189 countries accepted the Millennium Declaration and agreed to take the
necessary action in order to attain eight specific goals: the Millennium Development Goals
(MDGs). The realization of human rights of Dalit women will have a major positive effect on the
realization of the MDGs. Dalit women are extremely poor, and make up 2% of the world’s
population. In India, 60 million children do not attend primary school; the majority of these
children are Dalit girls. India’s child mortality rate is one of the highest in the world and with its
vast population and a rate of 540 maternal deaths per 100,000 live births, India accounts for more
than 20 % of all global maternal deaths. A greater availability and accessibility of healthcare for
One of the more significant developments in the post independence period is the rise in
Dalit consciousness and activism. While this is still confined to a relatively small portion of
Dalits, achievements in creative writing, cultural expression of the Dalit experience, a search for
ideology and identity and, a growing organized socio-political strength, are in evidence. Among
the Dalit masses a new wave of assertiveness is noticeable on all fronts. Therefore, Dalits are
becoming less willing to accept social, cultural an economic subjugation and are claiming
dignified Human Rights. Many observe and believe that this assertiveness is the result of the
115
Manorama, R. (2000). Background information on Dalit women in India,
211
MAINS Thesis, 2009
The story of women’s participation in the anti-untouchability movement is an interesting
phenomenon. To trace the early activism of untouchable women, one has to go back to the
beginning of the 20th century. In the following decades women’s activities developed from
The life, work and struggles of Dalit women for survival and dignity today has more to do
with subjugation than in the past. This struggle assumed varied dimensions, particularly in the
Thousand of villages and districts have small Dalit womens organizations like in Varanasi,
Banaras Mazdur Mahila Sangthan (Varanasi Women Labor Organization), Savitri Bai Mahila
Manch (Savitri bai Phule Women Forum), and Mushar Nat Adhikar Manch. These district level
organizations organize Dalit women and fight against atrocity and discrimination.
These small organizations came together and established a state and national level
organization which is not only fighting for Dalits rights but also for Dalit womens rights and
gives opportunity to these Dalit womens organizations to come forward and take leadership of the
whole struggle. Especially in India, only a few national and state level organizations are doing a
tremendous amount of work for Dalit rights and Dalit womens rights like the National Campaign
for Dalit Human Right (NCDHR), All India Dalit Mahila Adhikar Manch, Peoples Wacth Tamil
212
MAINS Thesis, 2009
These National organizations came together and built a strong network during the last
decade and they are doing a great job in terms of international advocacy in the United Nations.
One of the outputs of the effort was apparent when UN appointed two- member special reporters
to submit reports on the basis of work and descent based discrimination. That is the one of the
great achievements of the Dalit Movement and this is the only movement or struggle which is not
only based on man’s leadership: these movements are also lead by Dalit women who are coming
The first-ever International Conference on the Human Rights of Dalit Women was held at
The Hague in 2006. Determined to “transform their pain into power,” Dalit women from India,
Pakistan, Bangladesh, Sri Lanka, and Nepal presented shocking and heart-breaking testimonials
about the violence perpetrated against them and the impunity that followed. In connection with
this conference National Federation of Dalit Women (NFDW) was launched by Dalit women
through long, drawn out debates and discussions amongst the Dalit women, representatives from
the women’s movements and Dalit movement as a whole, for over a decade. Dalit women view
the formation of NFDW in the larger context of historical struggles of Dalits all over the country
to redeem their full dignity, particularly that of the Dalit women. The National Federation of Dalit
Women (NFDW) was launched by Dalit women themselves and committed itself to undertake
several tasks to bring about positive changes in the lives of Dalit women, such as legal action
213
MAINS Thesis, 2009
3-3-G- The Vision and the Role of Dalit Women in Liberation
The role of Dalit women is crucial and it is in the centre of Dalit liberation and identity; in
the larger framework of Dalit movement and struggle. Henceforth, women’s positions in the
Dalit vision is more than an equal partner with men and this must form the main path of
alternative consciousness. In essence, the Dalit vision and alternative consciousness is primarily
feminist, non-patriarchal, non-hierarchical and positively ecological. Dalit women all over the
country need to stand up for freedom, the inalienable right to human dignity and equal status with
214
MAINS Thesis, 2009
Chapter 4
Above, we saw a broad picture of caste system, different versions of the history of its
origin, approaches to the welfare of untouchables, the struggle for the elimination of
untouchability and these tasks current situation in India. As is already known, there are many sub-
castes that exist in India, perpetuating and sustaining the caste system in the country. In this
chapter I will attempt to draw first, the kind of role played by the civil society or NGOs to address
the caste system and untouchability in India and second their limitations and challenges to their
There are many definitions of NGOs and civil societies in the academic world. Here I am
not going to evaluate and analyze or attempt to understand these NGOs and civil societies
according to those definitions. Instead I will try to understand them according to their work or
action towards the elimination of the caste system and welfare of Dalits. In my understanding, to
best evaluate any NGO or civil society, we must first evaluate their work and activities.
In doing so, it is also important to set some standards and norms for evaluation. The goals
of social service, social work and movement will be used as standards. In understanding these
standard or norms, let me give you one metaphor to explain their work and activities under these
standards.
215
MAINS Thesis, 2009
There was one person who was walking on the street when he suddenly fell down under
the hole in the ground. Few peoples came forward and brought him out, did some first aid
thereafter sent him to either hospital or home. Later on, these people organized themselves,
mobilized fund and decided to help anyone falling in the hole in the ground by bringing them out
and sending them back home. This charity work falls under the term, ‘social service’. The second
example is when people came forward and decided to fill that hole in the ground so that no one
will have accident. Later on, when they went further they found many other holes and they
decided to take responsibility to fill all these holes. So they organized, they also mobilized sum
fund and started filling the holes in the ground. These kinds of work fall under the category of
‘social work’. The third category is few peoples decided to go forward and checked who is
digging the hole in the ground and stopped them. In order to stop them, they either convinced
them to stop and pending failure, confronted them. In confronting them, they mobilized their
recourses and started to take some actions. These kinds of activities fall under the definition of
‘Movement’.
Looking at the metaphor, we can describe the first one as “immediate responses”; the
second as “Long-term responses” and the last example is trying to achieve “permanent solution”.
These three categories in all three activities are important and non-negotiable. Take this example:
If someone is going to die because of hunger then the immediate response is to provide food and
then later on to make arrangements for them to raise permanent food for themselves and lastly
eradicate that causes of their hunger and poverty. In order to understand the activities of NGOs,
here I will attempt to give few case studies of different NGOs in India who are working for or
216
MAINS Thesis, 2009
with Dalits. Then latter on I will evaluate their activities according to our standards and
The National Campaign for Dalit Human Rights (NCDHR) is a coalition of Dalit Human
Rights activists, civil society organizations, journalists, and academics who are committed to
ending the caste-based discrimination and “untouchability” practices that deny human rights and
dignity to 170 million Indian citizens – one sixth of India’s population. Established in 1998,
NCDHR is a non-party based secular platform centered in Delhi with offices in 14 states around
the country. NCDHR monitors atrocities, legal interventions, and advocates nationaly and
internationally to achieve a three-pronged objective: (1) to hold the State accountable for all
Human Rights violations committed against Dalits; (2) to sensitize civil society by increasing
visibility of the Dalit problem; and (3) to render justice to Dalit victims of discrimination and
violence. All activities are supported by private contributions; they accept no government
funding116.
In October 1998, seventy-eight Dalit activists and human rights activists from across India,
concerned about the frequent atrocities and the blatant lack of implementation of the SC/ST
(Prevention of Atrocities) Act, 1989, met in Bangalore to discuss a program of action. They were
anguished that though the nation had just completed her 50th year of independence and in spite of
116
www.ncdhr.org.in
217
MAINS Thesis, 2009
"untouchability" continued unabated in many parts of the country. In conjunction with the 50th
anniversary of the Universal Declaration of Human Rights, they called for an urgent national
campaign to highlight Dalit Human Rights and to uphold that "Dalit Rights are Human Rights."117
NCDHR also declared that it is to be stressed that the Campaign is not an effort to
subsume, replace or negate ongoing efforts of Dalits and others in various mass movements,
people's organizations, labor unions, etc. Rather, it is an effort to galvanize and martial all these
movements into a representative body that can collectively organize, educate, agitate, and demand
an end to untouchability and casteism once and for all in both the government and in civil
society118.
Since its inception in 1998, NCDHR has made major strides in giving visibility to the
plight of the Dalit community in South Asia. NCDHR’s work has been instrumental in bringing
the kind of international attention and media coverage which has made many in India and around
the world sit up and take notice of the injustice and oppression faced by Dalits. To name just a
few examples, NCHDR has been involved in events such as the World Conference Against
Racism in South Africa (2001), all World Social Forums, the historic 40-day Dalit Swadhikar
Rally across India (2004), the first ever public hearing on “The Situation of the Dalits in India” at
the European Parliament in Brussels (Dec 2006), and the first International Conference on the
Human Rights of Dalit Women at The Hague (Nov 2006). The positive results of these efforts
117
Ibid
118
ibid
218
MAINS Thesis, 2009
include the first-ever recognition of the Dalit Human Rights problem by the United Nations (Aug
2001), the European Union (May ‘07), and the United States Congress (July ‘07), important
events which have increased international pressure on the Government of India to address the
serious Dalit issues it has until now only paid lip-service to119.
With successes in raising national and international awareness of the Dalit human rights
situation, NCDHR’s focus is shifting: NCDHR seeks foremost to hold the State responsible for
not checking the “impunity” being enjoyed by non-Dalits in the criminal justice administrative
system. Specifically, they challenge the State and its justice delivery mechanism, including the
Human Rights institutions that are in place, to actually implement and enforce its constitutional
and legislative measures to safeguard, protect and promote the basic human rights of Dalits.120
membership based human rights movement in Varanasi (Uttar Pradesh), one of the most
PVCHR works to ensure basic rights for vulnerable groups in the Indian society, e.g.
children, women, Dalits and tribes and to create a human rights culture based on democratic
119
ibid
120
ibid
121
PVCHR report provided by the convener of PVCHR 2009
219
MAINS Thesis, 2009
values. PVCHR ideology is inspired by the father of the Dalit movement, Dr. B. R. Ambedkar,
who struggled against Brahmanism and the hierarchical caste system prevailing in India122.
In 1999, PVCHR formed the public charitable trust Jan Mitra Nyas (JMN) to monitor and
evaluate activities, to manage its own bank account and to enable the organisation to have official
To establish a true, vibrant and fully entrenched democratic society through the Jan Mitra
concept where there shall be no violation of civil rights granted by the state to a citizen124. To
provide basic rights to all, to eliminate situations, which give rise to exploitations of vulnerable
and marginalized groups and to start a movement for a people friendly society (Jan Mitra Samaj)
PVCHR works in Indian society, more specifically in the northern part of India, especially
in rural areas, which are still influenced by feudalism and the caste system which that determines
the political, social, and economic life of the country. Caste based discrimination is practiced in
the educational system, in places of work, villages and towns and even in courts of justice. The
most heinous impacts of caste based discriminations are starvation and malnutrition. Acute
122
Ibid
123
Ibid
124
Ibid
125
Ibid
220
MAINS Thesis, 2009
poverty and cases of starvation occur especially in marginalized groups in the Indian society like
human rights violations connected with advocacy, publication and networking on a local, national
and international level, creating models of non violent and democratic communities (People
friendly villages, torture-free villages), to Building up local institutions and supporting them with
active human rights networks, creating a democratic structure for the ‘voiceless’ to enable them
communities by trainings and access to information, to promoting a human rights culture and
linking local and international human rights together as well as linking grass roots activities and
PVCHR activities
PVCHR approach these problems in two ways: “practice to Politics” and “Politics to
practice”.128 “From practice to politics” The approach in this field of activities is two-fold: to have
communities and second, to create the structure and dynamics to receive the assistance of national
126
Ibid
127
Ibid
128
Ibid
129
ibid
221
MAINS Thesis, 2009
PVCHR works on the grass-roots level in 45 villages in Uttar Pradesh. In close
cooperation with local human rights activists, PVCHR documents cases of severe human rights
violations in the villages, for example cases of malnutrition and starvation, police torture or lack
of medical treatment. Especially in cases of custodial torture, PVCHR also provides legal aid. To
raise public awareness, PVCHR alerts media as well as national and international human rights
networks and requests local authorities to act to prevent further human rights abuses130.
Effective advocacy (Urgent Appeals) for every single case can be accomplished through
close cooperation with key partner, the Asian Human Rights Commission (AHRC). In the context
of international advocacy along with AHRC, PVCHR achieved the rare distinction of being
reported by the UN special rappoteur on Racism and Xenophobia. In the same year three out of
four cases from India in the report filed by the representative of the Secretary General for Human
In the case of the “From politics to Practice” approach PVCHR creates “THE MODEL OF
JAN MITRA VILLAGE” to translate policy into practice. The “Jan Mitra Rickshaw Bank
Project” has been implemented according using the concept of micro-credits. 100 rickshaws are
provided to rickshaw drivers who commit to pay back a daily amount of 25 Rs (INR), but unlike
to the current situation the Rickshaws will change ownership of the drivers after a period of 2
years.
130
ibid
222
MAINS Thesis, 2009
PVCHR facilitates the provision of education in these villages, reactivating defunct
primary schools, encouraging the education of girls, and promoting non-formal education. Further
activities are focused on the organisational development of vulnerable groups and the
implementation of village committees. In each Jan Mitra village a community centre has been
established, forming the basis for project activities. People are also provided with community-
based counselling.
One of the core activities in the model villages are the Folk schools. In community
meetings people give testimonies about their suffering and receive support from their neighbours.
The main issues dealt with in the Folk schools are conflicts with the village head or experiences
of torture. Special forums for women are also organized. Here the main problems discussed are
mostly health related, and sometimes also related to dowry issues. The statements of the villagers
are recorded and their demands are forwarded to appropriate local administrations and
government.
Looking at these two organizations, we can first find out that NCDHR is a umbrella
organization of Dalit’s NGOs in India while PVCHR is a grass-roots organization that works in a
small part of northern India, mostly in villages and with the urban poor in Varanasi, Uttar Pradesh.
Both organizations share the same activities of monitoring Dalit atrocities, organizing
legal intervention, documentation and advocacy, and lobbying against atrocities. Incidentally
atrocities against Dalits are some of the biggest issues in India, and both organizations fight
223
MAINS Thesis, 2009
against them in their own capacity, putting pressure on local, state and central government to take
steps against the impunity of these violations. At the same time they also beseech international
organizations to address these issues in India in order to force the Indian government to take more
immediate action. It is a common observation that the approach they use that is, looking at the law
in a broader concept- is the same approach that Ambedkar used. On one hand, we can say that this
kind of approach is very important, however, these activities fall under the standard of immediate
relief, “social service”, in helping victims to fight for their human rights, and also long term relief,
“social work”, to build pressure on the local, state and national level to set up strong mechanisms
or strengthen existing mechanisms that could stop atrocities in India against Dalits. What are
lacking, perhaps, are specific activities wherein victims can become aware of how to fight against
the caste system as well as for their own fundamental human rights or to persecute the
perpetrators of offences. These kinds of activities may decrease the reproduction and propagation
of the caste system and put a stop to violations and atrocities based upon this caste system.
The question now to answer is: who are those people who is responsible for the caste
system, excepting of course, the Hindu believers? The answer can be traced back to the historical
development of caste system. Caste system is established, strengthened and sustained based on
hierarchy and separatism. I have already mentioned several times that in India all four castes and
the Dalit “out caste”, are divided into thousands of sub-castes; and that the sub-castes relate to one
another in an antagonistic manner, or as Dumont would have it, a hierarchical manner, but it is
time to look into this with greater scrutiny. Both Dumont and Moffatt referred to the reproduction
of hierarchy as fundamental evidence that Untouchables share in the same ideology as caste
224
MAINS Thesis, 2009
Hindus thereby accepting the moral basis of their own inferiority as well as religious belief. Both
claim that the structural response of the untouchable castes to their exclusion is replication. That
is, Untouchables recreate among themselves virtually every relationship and institution from
which they have been excluded due to their untouchability131. this means that the caste system is
works as social force, that force, forced upper caste as well as Dalits to reproduce and propagate
A further question is this- how can the caste system reproduce? What are the major
activities that sustain and strengthen the caste system in India? Many of the reasons come from,
the political, economical and religious activities; however, we can single out the most important
and strongest activity, which is the endogamy system. This endogamy system is the basis and
foundation of the caste system and is very visible in current Indian society; people can eat with
Dalits, live with Dalits, work with Dalits, play with Dalits, and allow them in temples, but they
cannot marry Dalits. Even people from a sub-caste will not want to marry with someone of
similar status of another sub-caste, even though both belong to the untouchable caste. This
endogamy system is also forced upper caste or dominant caste equally to follow the social
structure of endogamy.
The dynamic of sub-caste is so deeply rooted in Indian society, as well as in Dalits’ regard
of this issue. In sharp contrast to the strategy of glorifying a distinct Dalit culture, Martin Macwan,
131
Moffatt (1979): p.89.
225
MAINS Thesis, 2009
“Caste lies within ourselves. It flows in our blood. You hear many people
saying that caste is something outside himself, but I say it starts with me.
Nothing can change before I change. Caste is internalized in the way we eat,
marry and move in social space. Anyone who says differently is a big
hypocrite. We can take up wonderful programmes, but if they in any way
reinforce the caste system we have not achieved anything”132.
Commenting on the general dynamics of the sub-caste clash, Mr. Macwan says:
The above comments by Mr. Martin Macwan refer to the way to come out with these sub-
caste systems and at the same time show how it is deeply connected to hierarchy and the
If the root of the caste system is within the Dalits community as well as that of the caste
Hindus, then Indian society is just a mere composition of these groups, as well as the civil society
and NGOs. They all just came from similar cultural backgrounds, carrying the same
consciousness into their NGO work. It won’t come as a surprise, then, that if an NGO is
organized and established by a caste Hindu, its members will be of the same caste or same caste
members will be in good and higher post in that organization. At the same time, a Dalit NGO has
a majority of its members coming from the Untouchables community. In fact, membership in
many NGOs depends on who is the peoples who established a particular NGO and they belong to
which caste. This kind of phenomenon will not end. Coordination and networking among the
132
Interview Martin Macwan 25.01.05., Ahmedabad.
133
Ibid
226
MAINS Thesis, 2009
Dalits’ NGO’s themselves is another problem, be it at the grassroots, national or international
level. We can also say these NGOs are not Dalit NGOs basically they are caste based NGOs. So,
How do Dalit NGOs and Human rights activists address the issues of the sub-caste and
endogamy system? One perspective is mentioned by Anna Kiertzner during her work with Dalits’
Her observations are correct. In fact, it is very rare to find any NGOs or organizations who
clearly mention the endogamy system or help and assist in giving awareness to Untouchables and
caste Hindus should end this endogamy system and fight against the caste system in India. What’s
worse, no single NGO works specifically with caste Hindus for the issue of caste even though it is
a fact that the caste system is deeply rooted in society and the majority of the people still follow
this system, unconsciously though it might be. It is not even surprising to know that the
perpetrators are always from the upper or dominant caste, yet there is no clear and specific
134
Kiertzner, A. (2006): p.73.
227
MAINS Thesis, 2009
This is worth mentioning because there has always been a dilemma when it comes to
prioritizing what and who to address. In many cases, local people will organize themselves in
saving the perpetrators, who are from the same caste; others will sympathize with the victims and
fight injustice. Many of them choose to save the perpetrators to save the dignity of their castes. In
these situations, we can clearly see that there is no single strategy for giving awareness to caste
Hindus about the struggle of Dalit movement against the caste system. This becomes more
As one Human Right activist pointed out regarding NGOs: “They are selling Dalits and
Dalit issues, and it’s all ready sold-out135”. Ashok Bharti, the leader of another national level
network, the National Conference of Dalit Organisations (NACDOR) even made the same
“NCDHR leadership does not like to give space to other leaders. They are
trying to monopolize the space of international advocacy by not allowing other
Dalit platforms membership of IDSN. Basically IDSN is a mouth piece of
NCDHR, an extension wing of a few powerful NGO leaders. But we need to
give space to multiple voices from within India. No single group can speak on
behalf of all Dalits”136.
Some opponents go as far as to accuse the human rights NGOs of being deliberately
exploitative, profiting on Dalits in the ‘human rights market’ by misusing the enterprise and the
135
I have not mentioned the name of this person because of the controversial nature of the comment.
136
Interview Ashok Bharti 10.01.05., New Delhi. This is a very serious allegation and one needs to be very careful
when commenting on it. It is true that IDSN has a very limited number of partners within India relying heavily on
NCDHR, but this is due to historical reasons – long lasting relationships between the funding agencies that are
members of IDSN and the NGOs that formed NCDHR, the catalyzing effect of Human Rights Watch’s Report Broken
People etc. – and not due to any ‘conspiracy theory’. At the same time it is also true that a more broad based
representation is desirable, and both NCDHR and IDSN should perhaps do more to ensure this, if not they might run
the risk of endangering NCDHR’s reputation and development on the national scene. ( clarification of Anna
Kiertzner regarding Ashok Bharti’s comments)
228
MAINS Thesis, 2009
word ‘Dalit’. In a 2003 edition of the bi-weekly magazine Dalit Voice137, Fr. Maria Nathan refers
to the human rights NGOs as Vedic-dominated NGOs thus equating them with the Brahmin rulers
in the caste system and alluding to a new form of hegemonic power amongst Dalits themselves.
NCDHR claims to be the first and largest national network of Dalit organisations, but this status is
contested by NACDOR138. NACDOR claims to have a larger membership base than NCDHR
because they are movement based, NCDHR on the other hand prides themselves on receiving
more attention nationally as well as internationally. The relations are so strained between
NCDHR and NACDOR that for three consecutive years they have held separate events at the
World Social Forum and also hold separate celebrations on important days like the anniversary of
Ambedkar’s birth and death 139/ 140 . In the same way there are many NGOs and civil society
organizations and activist who accuse PVCHR also in the same way and contested with PVCHR
These comments and statements clearly demonstrate the biggest challenge of NGOs and
civil society in maintaining the legitimacy of their identity and work while at the same time
coming together and working together. In summary, there are many similarities, limitations and
137
Dalit Voice Vol. 22 No. 6, March 2003.
138
There are other national networks of Dalit organizations, e.g. National Dalit Forum (NDF) based in Hyderabad,
but to my knowledge NCDHR and NACDOR are the biggest networks.
139
Kiertzner, A. (2006): p.83.
140
NACDOR launched a new initiative at the World Social Forum in 2004 called World Dignity Forum, an alliance
between Dalits, Muslims, Tribal and other oppressed groups. The 5th of December is celebrated as World Dignity
Day. NCDHR is not part of this initiative. The two organizations give different explanations for this, each accusing
the other of being exclusionary and not wanting to join forces. (clarification of Anna Kiertzner regarding above
comments)
229
MAINS Thesis, 2009
Conclusion
After working through the issue of Dalits in India and their history, we find that there are
many historical theories and definitions of the background of Dalits in India and its roots in the
dominant Brahmanical culture in India. There are few facts of Dalit history in Hindu religious
In Indian society and culture, as I reflected upon at length in this thesis, a fairly large
well as Dalit organizations and the conflicts that characterize the contemporary Dalit movement.
Although the problem of caste must be one of the oldest in the world, having a history of more
than 3000 years, it is also one of the least discussed at a global level and, significantly, it has not
informed the human rights debate which has been going on since the end of World War II.
There are a lot of problems with and challenges to the Dalit Movement in India, but Dalit
NGOs and Civil Society still ignore the issue of sub-caste and internal segregation, as well as the
practice of endogamy, which is predominantly responsible for the reproduction of the caste
system.
One of the implications of the recontextualization of the concept of “Dalit” is that the ‘old’
definition cantering on membership of a caste category seems inadequate in capturing the realities
of the lives of Dalits as well as the struggles of the Dalit movement. In these previous chapters I
told the story of how Martin Macwan had to make a hard decision regarding those who believe
230
MAINS Thesis, 2009
sub-caste people should not be part of his organization. Reflecting on this and other similar
episodes Macwan states: “Segregation is a basic fight of the Dalit community. The integration
cannot come along caste lines; it has to come on ideological and moral grounds, and therefore we
redefine Dalit”141. For Macwan, Dalit is a moral position; a Dalit is a person who has overcome
caste consciousness and both caste and sub-caste affiliation. In a seminar142 on civil society’s
Anna Kiertzner, supporting the view of Martin Macwan regarding the definition of “Dalit”
and she worded a similar idea in this way: “Macwan is not alone proposing a new definition of
Dalit, but he is the one person I have met who makes the strongest case and most forcefully
pursues an agenda consonant with this definition”143. Keirtzner refers to Dalit writer Gangadhar
Patawane expressing similar views: “Dalit is not a caste. Dalit is a symbol of change and
revolution. A Dalit believes in humanism. He rejects existence of God, rebirth, soul, sacred books
that teach discrimination, faith and heaven because these things made him a slave”144. When she
interviewed Suresh Lelle, Director of Chindu then she put his view in this way: “Calling yourself
Dalit means you have given up your sub-caste identity. Dalit as consciousness moves, shapes and
141
Franco (2004): p.321 This quote is not from my own interview with Macwan, but taken from Franco, Macwan &
Ramanathan’s book. Journeys to Freedom: Dalit Narratives about the different strategies employed by Dalits in the
state of Gujarat to attain liberation from oppression. The book is based on interviews with 56 Dalit respondents
reproducing large parts of the interviews with the intention of giving the subalterns a voice.
142
The seminar took place in New Delhi on 24-25. September 2004 and was organized by the Indian Institute of
Dalit Studies.
143
Shah (2006).
144
Shah (2006): p.22-23.
231
MAINS Thesis, 2009
changes. A Brahmin can also become Dalit, but he has to work harder to ‘decasteify’ himself than
1989 organized by PARVVI (Public Advocacy Initiatives for Rights & Values in India) a Delhi
based NGO on 20-21 st March 2009, in ISI (India social Institute). In that programme Mr. S. R.
Darapuri a retired IPS officer and well known Dalit Activist in UP presented his lecture on Sc/St
Act. In that presentation, one participant asked him “who are Dalits in India?” and Mr. S. R.
Darapuri answered “all SC are Dalits in India”. This answer made me realize that to this day Dalit
activists and Dalit leaders are greatly confused about and misunderstand the Dalit Movement and
concept of Dalit. In that program, more than 15 state representatives and Dalit activists as well as
Dalit NGOs participated. This proved that one of the biggest challenges for the Dalit Movement is
to understand the definition of Dalit and the motives of the Dalit movement in India.
community” I realized and observed that not only segregation, but also contesting and blaming
other Dalit NGOs and civil society is also one of the biggest challenges to the Dalit movement, as
well as ‘decastify’ themselves is the challenge of Dalit Movement. I believe until these issues,
more specifically sub-caste issues, clear understanding of the definition of Dalit and
‘Decasteificetion’ of Dalits, and the practice of endogamy are more properly addressed and
recognized by Dalit NGOs and civil society, the Dalit Movement will struggle internally and they
145
Interview Suresh Lelle 01.02.05., Hyderabad by Anna Kiertzner
232
MAINS Thesis, 2009
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24. Narula, S. Broken Promises and Dalits Betrayed, BLACK PAPER on the status of Dalits
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34. The Hague Declaration on the Human Rights and dignity of Dalit women, Retrieved
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40. PVCHR Report (2009). PVCHR Report provided by the convener of PVCHR. Varanasi:
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North Korea’s Human Rights Situation through universal human rights’ perspectives
Special Rapporteur’s contribution to its realization
Thesis submitted by
Ratchada ARPORNSILP
(student number: 8000606-2456235)
237
MAINS Thesis, 2009
SungKongHoe University
June 2009
CONTENTS
Acknowledgement
Abstract
Introduction
238
MAINS Thesis, 2009
3-3 Working methods of Special Rapporteur
4-5 Recommendations
5-5 Observations
Chapter 6 Conclusion 62
239
MAINS Thesis, 2009
ACKNOWLEDGEMENT
May I take this opportunity to express my deep appreciation to many helping hands for
this small achievement. My first and foremost gratitude goes to my supervisor, Professor Cho
Hyo-Je who has been giving me valuable guidance along the way, and my committed examiners,
Professor Lee Dae-Hoon and Professor Hur Song-Woo who gave me such thoughtful and
However, the flaws contained in this document are solely my responsibilities. I would like to
apologize for not being able to exceed or even fulfill their expectations at some points.
Two more persons I must sincerely thank for are Mr. Moon Chun-Sang from The Asia
Foundation who kept answering any of my simple query or doubt in regards to North Korea, and
Mr. Mersham Ismail, my dear friend, who provided me with a chance to visit an NGO named
This thesis forms a part of Master of Arts in Inter-Asia NGO Studies. My participation in
this fruitful program would not be possible without the financial assistance and other kind
Last but not least, I am thankful to all my classmates and friends, especially Shantha
Ariyarathna for taking efforts in making hard copies and submitting this thesis for me, Bona Dea
Mendoza and Moosa Azmi for the cheering conversations over midnights throughout January.
Also, the appreciation is extended to all supports from my loved ones back home.
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MAINS Thesis, 2009
ABSTRACT
At the international arena, there is an increasing attention paid to the human rights
situations in North Korea starting with the first adoption of a resolution by the UN Commission
of Human Rights (replaced by the Human Rights Council) at its 59th session in April 2003
expressing concerns over the issues which in the following year led to the resolution 2004/13
appointing the position of Special Rapporteur on the human rights situation of the Democratic
People’s Republic of Korea. This special procedure mechanism constitutes the UN human rights
Charter-based bodies designed to address specifically thematic and country issues of human
rights concerns on the ground. Under the international human rights regime, the Charter-based
bodies work along-side the Treaty-based bodies and other agencies for the advancement of
human rights. This research will, somehow, focus on the mechanism of Special Procudures by
elaborating on the establishment and mandates entrusted upon the holders to investigate the
violations on the ground, and essentially in case of DPRK how international politics made an
impact to the issues of human rights concerns as well as to the formulation and the scope of
Special Rapporteur’s mandates. Although human rights and human dignity should be considered
as an indispensable part of human being and given priority over any political conflict, in reality it
is abused or integrated into political arrangement. More importance is how other stakeholders
maximize opportunities arising and manoeuvre politics to serve human rights cause.
Keywords: DPRK, human rights, international human rights mechanisms, Special Procedures,
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MAINS Thesis, 2009
REFERENCES
Cho Sung Yoon. “The Judicial System of North Korea,” in Asian Survey, Vol. 11, No. 12, 1167-
Felice Gaer. “Social and Humanitarian Issues,” in A Global Agenda: Issues Before the 56 th
General Assembly of the United Nations, 151-238. Maryland: the United Nations
John Feffer. “U.S. Policy Change on North Korean Human Rights,” presented at the 5 th
October, 2008.
Lee Won Woong. “Politics of Human Rights in North Korea: A framework for change,” in
Journal of Asian and African Studies, Vol. 42, 233-244. London: Sage Publications, 2007.
Linda Camp Keith. “The United Nations International Covenant on Civil and Political Rights:
Louis Henkin. “Human Rights: Ideology and Aspiration, Reality and Prospect,” in Realizing
Human Rights: Moving from Inspiration to Impact, eds. Samantha Power, and Graham
Michael Freeman. Human Rights: An interdisciplinary approach. Cambridge: Polity Press, 2002.
242
MAINS Thesis, 2009
Oona Hathaway. “Between Power and Principle: An Integrated Theory of International Law,” in
Paul Gordon Lauren. “To Preserve and Build on its Achievements and to Redress its
Council, in Human Rights Quarterly, Vol. 29, 307-345. The Johns Hopkins University
Press, 2007.
Journal of Korean Unification Studies, Vol. 11, No. 2, 87-119. Seoul: Korea Institute of
Suh Bo Hyuk. “Controversies over North Korean Human Rights in South Korean Society,” in
Asian Perspective, Vol. 31, No. 2, 23-47. Oregon: Kyungnam University & Portland
Todd Landman. Protecting Human Rights: A Comparative Study. Washington D.C.: Georgetown
Tony Evans. The Politics of Human Rights: A Global Perspective. London: Pluto Press, 2001.
Vitit Muntarbhorn. Address by Special Rapporteur on the Situation of Human Rights in the
2008.
Vitit Muntarbhorn. Report of the Special Rapporteur on the situation of human rights in the
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MAINS Thesis, 2009
Vitit Muntarbhorn. Report of the Special Rapporteur on the situation of human rights in the
Vitit Muntarbhorn. Report of the Special Rapporteur on the situation of human rights in the
Vitit Muntarbhorn. Report of the Special Rapporteur on the situation of human rights in the
Yvonne Terlingen. “The Human Rights Council: A New Era in UN Human Rights Work?” in
Ethics and International Affairs, Vol. 21, no. 2, 167-178. Academic Research Library,
2007.
----------. 2007 Country Reports on Human Rights Practices – Korea, Democratic People’s
Republic of. The Bureau of Democracy, Human Rights, and Labor: United States
----------. Annual Report 2007. The United Kingdom Foreign and Commonwealth Office.
----------. Code of Conduct for Special Procedures Mandate-holders of the Human Rights
Council. Office of the United Nations High Commissioner for Human Rights.
----------. Human Rights Fact Sheets: No.27 Seventeen frequently asked questions about the
United Nations special rapporteurs. Office of the United Nations High Commissioner for
----------. Implementation of the Convention of the Rights of the Child: List of issues to be taken
up in connection with the consideration of the third and fourth periodic report of the
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----------. Korea (Democratic People’s Republic of). Amnesty International Report 2008. 28 May
2008.
----------. North Korea: A Matter of Survival, The North Korean Government’s Control of Food
and the Risk of Hunger. Human Rights Watch, Vol. 18, no. 3(C). May 2006.
----------. North Korea. Human Rights Watch. World Report, 2008: Events of 2007, 300-304.
----------. The Combined Third and Fourth Periodic Report of the DPRK on its Implementation
----------. The Initial Report of the DPRK (CEDAW/C/PRK/1). Committee on the Elimination of
----------. The Manual of Operations of the Special Procedures of the Human Rights Council.
Office of the United Nations High Commissioner for Human Rights. August 2008.
----------. The Second Periodic Report of the DPRK on its Implementation of the ICCPR
----------. The Second Periodic Report of the DPRK on its Implementation of the ICESCR
245
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INTRODUCTION
Rationale
The issue of human rights in North Korea has long been considered very much politicized
or politically sensitive to be addressed within the domestic political structure of South Korea
where the swing of government from conservative and progressive front would make difference
in its stance and policy agenda towards North Korea’s human rights situations. Hence, the
labeling of these political ideology have mostly overshadowed the authentic plight of human
rights and, even worse, discarded or precluded the search for comprehensive analysis and
concerted efforts aiming for the enjoyment of rights by the North Koreans. Having mentioned as
such, it is impossible to segregate human rights from politics at any level. The challenge is how
Notwithstanding, there have been global attempts, particularly after World War II to
build what is so generally called international human rights regime underlying the universally
accepted norms and standards on human rights. Though practically and undeniably, international
politics intervenes and manipulates at certain extent but up until now, the international human
rights structure under the United Nations has become better established, increasingly open to
different non-state actors, including individuals, more responsive to the victims of human rights
abuse, and equipped with diverse mechanisms to monitor for the norms’ compliance and
implementation. In other words, the international human rights regime has been opened for more
actors beyond states to participate in the leverage of the political human rights arena. The
246
MAINS Thesis, 2009
mechanism of Special Procedures which will be the focus of this study is one particular example
of how a distinguished individual can involve in international human rights regime through
Even though North Korea has ratified a number of core international human rights
instruments which means there are existing formal and official channels to address the concerns
within the international community, in 2004 the then Human Right Commission appointed
Professor Vitit Muntarbhorn as Special Rapporteur on the situation of human rights in the DPRK
entrusting him with the task to specifically investigate the systematic human rights violations and
report his findings as well as recommendations to the General Assembly and the Commission.
Objectives
The objectives of this research paper will firstly bring to light the situation of human
rights in North Korea through the lens of universal human rights standards focusing on the work
and impact of Special Procedures, taking a particular look at the role, mandate, and limitation of
Special Rapporteur raising the question of how he contributes to the realization of human rights
in North Korea. And secondly, this research should contribute to the work of those advocating
for human rights of either North Korea or beyond to add up their understanding and awareness of
247
MAINS Thesis, 2009
Research questions and content overview
Instruments
treaties ratification and reporting status as well as the concluding observations under the
corresponding treaty-based bodies. Reviewing the existing commitment under the treaty
Committees would provide general understanding to the extent of the DPRK’s involvement in
addressing how it comes to existence in parallel with treaty-based bodies, what categories and
issues the mechanisms have covered, who the mandate-holders are, how they reach out for their
This chapter will, first, discuss the questions of when and how the position
was established addressing the question of why during that time of its appointment there was
grave concern at the international level in related to the human rights situation of DPRK.
reviewing his previous experiences in the field of human rights at domestic, regional and
international arena. Third, it will investigate how Vitit Muntarbhorn responds to the mandate
248
MAINS Thesis, 2009
and methods of his data collection, the challenges and limitation he faces and how he deals with
them.
human rights situation of DPRK since the inception surfacing the various considerations and
recommendations propounded, together with related observations. This should capture the
whole trends towards any particular concerns of human rights in the DPRK, along with
This chapter will set forth several reports on the issues conducted by
renowned international human rights NGOs, namely Human Rights Watch and Amnesty
International and reports done by government agencies which are the U.S. Department of State’s
country report on human rights practices and the Korean Institute for National Unification’s
White Paper on Human Rights in North Korea. Basically, this will delve into the issues of
concerns and tactical strategies applied as well as analyze if these coincide or rely on Special
Rapporteur’s reports. Based on those reports, this research will explore how these actors
Chapter 6: Conclusion
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MAINS Thesis, 2009
Research methodologies
CHAPTER 1
Instruments
The development of global human rights agenda has progressed remarkably during the
second half of twentieth century. From the outset of the United Nations after the second World
War and with clear priority to avoid the eruption of any future atrocity at the similar degree, the
significance in creating international norms for peace and security seemed prevalent. The
Charter of the United Nations was adopted in San Francisco in 1945 laying out the structure of
this world body and declaring its primary purpose of maintaining international peace and
security along with its secondary purpose to promote and encourage respect for human rights and
fundamental freedoms for all without distinction as to race, sex, language, or religion.
According to Louis Henkin, this was the first use of the term “human rights” in a major
international treaty, the Charter, the most important treaty of the century.146 Article 55 and 56 of
the Charter emphatically state that all members of the United Nations pledged to take joint and
146
Louis Henkin, “Human Rights: Ideology and Aspiration, Reality and Prospect,” in Samantha Power, and Graham
Allison, (eds.), Realizing Human Rights: Moving from Inspiration to Impact (New York: Palgrave Macmillan, 2000),
p. 9.
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MAINS Thesis, 2009
separate action for the achievement of “universal respect for, and observance of, human rights
The endeavor to cultivate human rights at the global level had seen further leap with the
General Assembly and even during the peak of Cold War, two cornerstone international human
rights treaties, the International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted in
1966. Together they constitute what has been recognized as International Bill of Human Rights.
Presently, the principal international human rights covenants and conventions are consisted of
the above mentioned treaties and, inter alia, the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Rights of the
Child (CRC), and also, though with the slower path of international engagement, the
International Convention on the Protection of the Rights of All Migrant Workers and Members
In order to enforce and monitor the provisions, the Committees were established in
corresponding to each covenant and convention with the responsibilities to review the member
147
United Nations Charter
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MAINS Thesis, 2009
compliance is known as treaties-based mechanism. So far, the DPRK has been a party to 4
international human rights instruments which are ICCPR, ICESCR, CRC, and CEDAW. Table 1
below shows the brief information of its ratification and reporting status. It is noted that none of
these instruments’ Optional Protocol has been ratified by the DPRK at all. An Optional Protocol
is basically the separate agreement attached to the respective covenant or convention facilitating
observations made by the Committees in short, this should be beneficial in understanding how
the DPRK perceives of its own human rights situations vis-à-vis the international standards, and
the issues of concern addressed by the Committees. It is beyond the scope of this research to
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MAINS Thesis, 2009
discuss in details the content of each report, however. The focus, therefore, will be placed on the
The DPRK became party to the ICCPR on 14 September 1981 and since then it has been
obliged under Article 40 to accordingly submit the periodic report detailing the advancement and
accomplishment the state has conducted in order to realize the provisions. The DPRK, thus,
submitted its initial report on 24 October 1983 and the supplementary report on 2 April 1984.
The second periodic report was due on October 1987 but it was submitted instead on March
2000.148
The second report covered in principle the period from 1984-1997 and the ICCPR’s
Committee certainly took note of absent communications along these 17 years. It is crucial to
bear in mind the major transition in the DPRK, particularly in 1994 when Kim Il Sung suddenly
passed away. His son, Kim Jong Il inherited the leadership and later brought about the
promulgation of new Constitution. The report submitted to the Committee highlighted those
amendments of legislation as the Constitution, the Criminal Law, the Criminal Procedures Act,
the Civil Law, the Family Law, the Civil Procedures Act, and many other laws closely related
with the civil and political rights were either adopted, amended or supplemented. The report was
148
Human Rights Committee, The Second Periodic Report of the DPRK on its Implementation of the ICCPR
(CCPR/C/PRK/2000/2), 4 May 2000.
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MAINS Thesis, 2009
elaborated in accordance with articles of ICCPR and mainly referred to provisions of these
In brief, the report states that the DPRK Constitution provides for the principles and
popular policies in political, economic, cultural and all other fields of social life. Every citizen is
particularly ensured the true democratic rights, freedom, happy material and cultural life and
stipulates the basic rights of citizens including the right to equality, the right to vote and to be
elected, the freedom of speech, press, assembly, demonstration and association, the freedom of
religious belief, the right to complaint or petition, the right to work and relaxation, the right to
free medical care and education, the freedom of literacy and artistic activities, the freedom of
residence and travel, the right to gender equality, the protection of marriage and family, the
inviolability of the person and the home and privacy of correspondence, etc. The report has
provided updated information concerning the Criminal Law which has reduced the maximum
period of reform through labor from 20 years to 15 years and the minimum from 1 year to 6
months. Besides, the number of the criminal acts whereby capital punishment was imposed was
decreased from 33 to 5. The amended Criminal Procedures Act of 1995 paid great attention in
guaranteeing better the rights provided in the ICCPR, especially for every individual person
facing a trial under the charge of a crime. These are only few exemplary instances of this
report.149
149
Ibid.,
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MAINS Thesis, 2009
The ICCPR Committee presented its Concluding Observation in response to the DPRK’s
report highlighting the concerns on the impartiality and independence of the judiciary organ in
mentioned the lack of independent national institution for the promotion and protection of human
rights as well as the limited number of human rights organizations in the DPRK and the limited
access to its territory reflecting from the small number of international human rights non-
governmental organizations been granted permission to visit the DPRK over the past decade.
Specifically, the Committee addressed that the DPRK took steps to improve conditions in the
facilities for detention ensuring all persons deprived of their liberty are treated with humanity
and respect for the inherent dignity. It also requested that DPRK’s next report contain statistics
on the number of persons held in pre-trial detention, the duration and reasons for such detention,
and ensure that anyone arrested or detained on a criminal charge is brought promptly before a
judge. The list of concerns ranged from issues on public assemblies, public executions, instances
and increase of life expectancy. The consideration of women’s trafficking was also raised, since
the DPRK was not party to the CEDAW as yet, referring to the report of the Special Rapporteur
The third report was due on January 2004 but until now it has not been submitted yet.
150
Ibid.,
255
MAINS Thesis, 2009
1-2 International Covenant on Economic, Social and Cultural Rights
The DPRK became party member to the ICESCR on the same occasion as the ratification
of ICCPR. As a result, it was bound by Articles 16 and 17 to submit periodic report describing
the measures taken to implement the ICESCR. The initial report was submitted on 14 January
1989 and considered at the sixth session of the Committee on Economic, Social and Cultural
Rights on 27 November 1991. The second periodic report due on 6 June 1992 was submitted 10
years later on 12 April 2002, hence covering the period from its first submission onwards.151
The report tried to explain numerous legislative and other measures in accordance with
the Constitution, the Labor Law, the Regulations on Labor Protection and Labor Safety, the Civil
Law, the Public Health Law, the Education Law, to mention few. Basically, the report cited
many articles of the Constitution and other laws pertinent to the right to work, right to just and
favorable conditions of work, right to join a trade union, right to social benefit, family protection,
right to an adequate standard of living, right to enjoyment of physical and mental health, right to
education, compulsory primary education, right to take part in cultural activities and enjoy the
benefits of scientific progress. For instance, it quotes Article 70 of the Constitution which
declares that citizens have the right to work and provides for the freedom of choosing
occupation, the right to be provided with stable jobs and working conditions and the right to
151
Human Rights Committee, The Second Periodic Report of the DPRK on its Implementation of the ICESCR
(E/1990/6/Add.35), 15 May 2002.
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MAINS Thesis, 2009
work according to ability and to be paid in accordance with the quantity and quality of the work
done.152
acknowledged the efforts by the State party and its people to overcome the effects of the natural
disasters from the mid-1990s, including the reconstruction of the food production infrastructure
and recognized the wide coverage of free health care and the full implementation of a free and
universal 11-year education system. Nonetheless, its concerns were laid down in the field of
judicial independence which could have an adverse impact on the protection of all human rights
guaranteed under the ICESCR and the lack of information about the exact functioning of the
individual complaint system under the Law of Complaints and Petitions. Moreover, the
Committee was concerned, particularly that the right to work may not be fully assured in
the present system of compulsory State-allocated employment, in contrary to the right of the
individual to freely choose his/her career or workplace, along with the issues of domestic
violence, children’s malnourishment, the control of a single trade union structure by the ruling
party, and so on. The Committee, consequently, recommended the DPRK to seek international
assistance and engage itself in international cooperation or in the regional activities undertaken
by various agencies, including the Office of the United Nations High Commissioner for Human
Rights as well as to join the International Labor Organization as a full member and ratify the
main International Labor Organization conventions in due course. Specifically it urged the
DPRK to establish appropriate mechanisms to guarantee equal access for the more vulnerable
groups to international food aid and give priority to these groups in food programs. It also
expressed its readiness, if invited, to send a delegation to visit the DPRK in order to ascertain the
152
Ibid.,
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MAINS Thesis, 2009
realities and the efforts being made by the State party to apply the provisions of the ICESCR and
The next report which should integrate the Committee’s recommendations into further
The DPRK had acceded to the CRC on 21 September 1990 without any reservation and
in compliance with Article 44, handed its initial periodic report on 13 February 1996, its second
report on 16 May 2002 covering the period of 1995-2000, and the combined third and fourth
report on 10 December 2007 covering the period of 2001-2007. The Committee of CRC had
issued the Concluding Observations respectively. The latest report was considered at the fiftieth
In the latest report, aside from emphasizing its general polity of attaching great
and intellectually, morally and physically balanced which remain generally in line with the
principles and requirements of the CRC, the elaboration has been made towards a number of
amended and newly adopted legislation with a view of giving more practical effects to its
commitment. Such laws as the Inheritance Law protecting the rights of unborn child in receiving
inheritance, the Law on the State Budgetary Revenue providing numerous sources of State
revenue to be expended for the protection and promotion of children’s rights and welfare, the
Law on Tobacco Control prohibiting the sale of tobacco products to minors, the Family Law
153
Ibid.,
258
MAINS Thesis, 2009
affording special protection to mothers and their children, provision on a priority basis of
conditions for the healthy upbringing and educating of children, deciding custody in
consideration of the best interests of the child in the event of divorce, along with the Education
Law, the Narcotic Drugs Control Law, the Civil Procedure Law, the Foodstuff Sanitation Law,
the Law on Prevention of Communicable Diseases, the Criminal Procedure Law, and the
Environmental Protection Law were either adopted, amended or supplemented bearing the
integration of CRC, thereby contributing to further perfecting the legal system for the protection
Given the manifold legislative amendments and proclamations, the report highlights the
efforts of the National Coordinating Committee for the Implementation of the Convention on the
Rights of the Child (NCRC) which conducted a comprehensive review of the existing laws and
regulations to find that the requirements of the Convention are reflected in the national laws
Apart from those legal mechanisms, the DPRK has applied a more comprehensive
strategy for the implementation of the CRC, such as the development of the ten-year National
Program of Action for the Survival, Protection and Development of the Child, following the
signing of the Declaration of the World Summit for Children in order to promote the well-being
154
Human Rights Committee, The Combined Third and Fourth Periodic Report of the DPRK on its Implementation
of the CRC (CRC/C/PRK/4), 10 December 2007.
155
Ibid.,
156
Ibid.,
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MAINS Thesis, 2009
This report was considered by Committee in January, 2009. It requested the DPRK to
provide concrete clarifications on issues which have not yet been fully implemented in
accordance with the previous concluding observations, particularly in relation to age of majority,
cooperation with civil society, civil rights and freedoms, parental responsibilities and childcare
services, children with disabilities, returnee children. Also, it raised the question of whether
steps have been taken to monitor and evaluate the implementation of the National Program of
Action and to what extent non-governmental organizations (NGOs) have been involved in the
policies, or any restriction placed upon them. It called upon the DPRK to provide disaggregated
data (by sex, age groups, urban and rural areas, for example) on children deprived of a family
environment, the rates of malnutrition, child abuse, victims of sexual exploitation, child labor,
and child refugees, together with data on budget allocation and trends discharged for the
implementation of the CRC throughout the country in the areas of education and health.157
The DPRK has become member party of the CEDAW on 27 February 2001 and having
bound by Article 18, submitted its initial report on 11 September 2002. The report was prepared
by the National Coordination Committee of the DPRK for the Implementation of the CEDAW
constituted by the officials of the Presidium of the Supreme People’s Assembly, the Cabinet, the
ministries concerned, namely the Ministry of Labor, the Ministry of Education, the Ministry of
157
Committee on the Rights of the Child, Implementation of the Convention of the Rights of the Child: List of issues
to be taken up in connection with the consideration of the third and fourth periodic report of the DPRK
(CRC/C/PRK/Q/4), 20 October 2008.
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MAINS Thesis, 2009
Public Health and the Ministry of Foreign Affairs, and the institutions as the Central Court and
The report first gave an overall picture of the DPRK’s socialist administration and
functions. In the pursuing sections, it elaborated on the principle of sex equality as mentioned in
article 77 of the Constitution that women are accorded an equal social status and rights with men,
article 1 of the Law on Sex Equality that women shall have equal rights with men in all spheres
of the state’s economic, social, cultural and political life, and article 18 of the Family Law that
husband and wife shall have equal rights within the family.159
It put emphasis on the legal and institutional measures in enforcing many aspects of
women, acceleration of equality between men and women, sex roles and stereotyping,
exploitation of women, political and public life, international representation and participation,
nationality, education, employment, equality in access to health care, social and economic
benefits, rural women, equality before the law and in civil matters, equality in marriage and
The Committee strongly urges the DPRK to expedite its efforts towards the withdrawal
of reservations within a concrete time frame and incorporate fully the definition of
discrimination in line with the CEDAW into its Constitution and other appropriate national
legislation. It also recommends the DPRK to develop, adopt and implement, at the national
158
Committee on the Elimination of Discrimination against Women, Initial Report of the DPRK
(CEDAW/C/PRK/1), 11 September 2002.
159
Ibid.,
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MAINS Thesis, 2009
level, a comprehensive and coordinated plan of action to promote gender equality and ensure
gender mainstreaming at all levels and areas, as well as to involve women’s groups at all stages
of policies’ process. Apart from that, it encourages the State party to provide gender training and
create gender focal points in the related entities. It requests the DPRK to include in its next
periodic report due on 27 March 2006, detailed information on the content of the ten-year
National Plan of Action for Women and to place it within the context of the implementation of
the Beijing Platform for Action, together with this concluding comment.160
These are so-called, treaty-based bodies which hold the State accountable towards the
international human rights instruments that it has signed, ratified or acceded to. Here I would
like to base the argument from the empirical study conducted by Linda Camp Keith which tested
the hypothesis of whether becoming a party to the international treaty (and its optional protocol)
has an observable impact on the state party’s actual behavior, across 178 countries over 18 years
period (1976-1993).161
Quoted from Linda Camp Keith, the high level of formal acceptance of these
rights norms. However, the impact of the agreements on actual human rights behavior remains
unclear. Keith asserted for an optimist that a state’s ratification or accession to these agreements
160
Ibid.,
161
The test referred to herewith was carried out on the ICCPR only.
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MAINS Thesis, 2009
would signal its willingness to be guided by the documents’ principles, and that the monitoring
mechanisms of these documents would promote the implementation of these rights into national
policy. On the other hand, Keith further cited some scholars who had questioned the value of the
reports on several dimensions. Specifically, first, because the reports are filed by the state’s own
officials, it is rather unlikely that they will be totally objective accounts of the state’s behavior.
And second, the large number of states remain delinquent or, at certain point, have been late in
filing their reports to the committee.162 The case of the DPRK is not uncommon.
Keith bases the test using measures of human rights behavior developed by groups of
political scientist which are the Freedom House Political and Civil Rights indices and Stohl et
al.’s Personal Integrity measure in order to compare the behavior of states which have become
the party of ICCPR and those which have not. The results of the study are consistent with the
assertions that the treaty’s implementation mechanisms are too weak and rely too much upon the
goodwill of the party state to effect observable change in actual human rights behavior. States
that recognize these weaknesses may believe that there is little risk to their sovereignty or to the
Though propounded above, Keith upheld the impact that the treaty may indirectly lead to
the better protection of human rights via the changes of domestic laws which very much depends
162
Linda Camp Keith, “The United Nations International Covenant on Civil and Political Rights: Does it make a
Difference in Human Rights Behavior?” in Journal of Peace Research, Vol. 36, No. 1 (London: Sage Publications,
1999), p. 98.
163
Ibid., p. 112.
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MAINS Thesis, 2009
upon an independent judiciary. This apparently does not reflect the case of the DPRK where its
judicial mechanisms are under the realm of state’s political power in which the public
accountability and transparency deem very slight, claiming by Cho Sung Yoon as “a weapon of
the dictatorship of the proletariat for implementing and defending the policies of the North
Citing from Todd Landman, the study of Keith can be complement with his study which
examines the relationship of international human rights law and human rights protection through
various theoretical lenses of international law, international relations and comparative politics.
Landman concurs with Keith that state’s compliance with its human rights obligations depends a
great deal upon the good-will of state itself. In order to achieve desirable good-will for the
international human rights regime to function effectively, other independent variables must be
conflict, population, specific regional location, along with the presence of international
integrated.165
Under the system of treaty-based monitoring bodies, NGOs can also participate and be
involved in implementing the treaties by the submission of “shadow” or alternative reports. This
164
Cho Sung Yoon, “The Judicial System of North Korea,” in Asian Survey, Vol. 11, No. 12 (California: University
of California Press, 1971), p. 1167.
165
Todd Landman, “Protecting Human Rights: A Comparative Study,” (Washington D.C.: Georgetown University
Press, 2005), p. 26-30.
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MAINS Thesis, 2009
is the consequence of the fact that state party is likely to ignore NGOs or civil society, especially
those with conflicting perspectives, though it is required to them in its periodic report. NGOs are
then provided with channel to directly submit independent parallel reports and informal
presentations to bring a particular human rights concern to national and international attention
under this monitoring framework. These shadow reports would help the treaty Committees to
focus these issues in the dialogue with state parties. Unfortunately for the case of DPRK where
NGOs and civil society are not established, the alternative reports which are sent to those
Committees, such as the one submitted to the Committee of ICESCR by Good Friends, Center
for Peace, Human Rights and Refugees, a non-profit NGOs based in Seoul mostly came from
NGOs outside the country. This undeniably limits the range of information and evidence
Though with all these mechanisms and procedures intact, the assertions by Oona
Hathaway at the certain point counter as well as deepen the probable consideration of state to
commit and comply to those international obligations beyond the good-will and favorable
gesture. Citing from Hathaway’s claim that state calculates what to gain and lose upon
committing and complying with any treaty, bearing in mind the limitation of monitoring
consequences arise from the anticipated reactions of individuals, states, and organizations to the
state’s decision to commit to the treaty and then to abide or not to abide by its terms. These
reactions that fall outside the legal framework created by the treaty or its implementing
265
MAINS Thesis, 2009
legislation but nonetheless affect the state’s material and other interests, Hathaway elaborated.166
These range from foreign aid and investment to reputational benefits from voluntarily joining a
treaty. However, the following compliance depends in particular on the monitoring and
advocacy work of domestic groups which can make noncompliance more difficult and costly,
commitment decisions, therefore often hinge on whether domestic political actors supportive of
international law exist and are poised to press for treaty adherence.167 Definitely for the DPRK,
such things as domestic political actors or interest groups, independent judiciary, NGOs and
media, as briefly described above are absent to attach compliance cost on the declared
commitment.
In short, to actually take steps to realize human rights norms involves several actions at
both domestic and international levels. At the international human rights setting, Louis Henkin
166
Oona Hathaway, “Between Power and Principle: An Integrated Theory of International Law,” in The University
of Chicago Law Review (Chicago, 2005), p. 492.
167
Ibid., p. 509.
168
Louis Henkin, “Human Rights: Ideology and Aspiration, Reality and Prospect,” in Samantha Power, and Graham
Allison, (eds.), Realizing Human Rights: Moving from Inspiration to Impact (New York: Palgrave Macmillan, 2000),
p. 30.
266
MAINS Thesis, 2009
The DPRK positions itself as one of the most isolationist state where all other factors
favorable to human rights good-will and gestures are very restricted. These coincide with many
loopholes in formal human rights mechanism as state’s voluntary commitment and reservations
mentioned above and defects in the procedural management as delayed response to violations on
the ground. Consequently, the international human rights regime under the UN Charter has
formed a more flexible mechanism to handle the possible loopholes and gaps sprung from the
above treaty-based measures and under the particularly contextual circumstance of the DPRK,
the Commission on Human Rights appointed the Special Rapporteur to investigate its human
rights transgression from 2004 onwards. The questions as what factors led to the hypothetical
requirement of this position for the DPRK, especially only in 2004 when the international
community commenced to raise the problems will be unfolded in the following chapters.
267
MAINS Thesis, 2009
CHAPTER 2
Special Procedures are the human rights protection mechanisms fallen within the
structure of the UN Charter-based bodies carrying the mandates entrusted upon them by the
Commission of Human Rights (replaced by Human Rights Council in 2006). As stated in the
official web page of the Office of the High Commissioner for Human Rights (OHCHR), the
facilitating and supporting body of the mechanism, “Special procedures” is the general name
given to the mechanism which calls on the mandate holders to examine, monitor, advise and
publicly report on human rights situations in specific countries or territories, known as country
mandates. Currently, there are 30 thematic mandates169 covering the concerns of political, civil,
economic, social and cultural rights, and 8 country-specific mandates170 which are Burundi
(2004), Cambodia (1993), the DPRK (2004), Haiti (1995), Myanmar (1992), the Palestinian
territories occupied since 1967 (1993), Somalia (1993), and Sudan (2005).
169
These are: adequate housing, people of African descent, arbitrary detention, sale of children, child prostitution
and child pornography, right to education, enforced or involuntary disappearances, extrajudicial, summary or
arbitrary executions, extreme poverty, right to food, effects of foreign debt and other related international financial
obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights, the
right to freedom of opinion and expression, freedom of religion or belief, right of everyone to the enjoyment of the
highest attainable standard of physical and mental health, human rights defenders, independence of judges and
lawyers, indigenous people, internally displaced persons, mercenaries, migrants, minority issues, racism, slavery,
international solidarity, countering terrorism, torture, dumping of toxic and dangerous products and wastes,
trafficking in persons, transnational corporations and other business enterprises, right to water, and violence against
women.
170
The year of mandate establishment is specified in parentheses.
268
MAINS Thesis, 2009
The titles given to individual mandate holders or experts vary which are Special
General or Independent Expert. This does not, in any way, reflect the hierarchical authority
among them. They are simply the result of political negotiation.171 The mandate can also be
entrusted to a working group usually composed of five members, one from each region. The
scope of each mandate is defined by the resolution creating them. In general, these mandate
holders undertake several types of activities to fulfill their duties which include but not limit to
cooperation at the country level and engaging in general human rights promotional activities. It
is also crucial to note that they serve in their personal capacity, and do not receive salaries or any
other financial compensation for their work under the special procedures, though the OHCHR
bears all other costs in fulfilling their mandates, such as traveling expenses.
The idea of creating the mechanism of Special Procedures commenced in 1965 without
much thorough discussion of the exact format or procedures. Prior to that, it was well
understood that the Commission on Human Rights (later the Commission) was set to focus on
elaborating various human rights standards and the resolution by the Economic and Social
171
Office of the United Nations High Commissioner for Human Rights, “Human Rights Fact Sheets: No.27
Seventeen frequently asked questions about the United Nations special rapporteurs,” (Geneva: United Nations,
2001), p. 6.
172
The information set forth here in this part of the research is extracted mainly from the Report of the
Open-ended Seminar on Enhancing and Strengthening the Effectiveness of the Special Procedures of the
Commission on Human Rights held in Geneva during 12-13 October 2005, Human Rights Fact Sheets: No. 27
Seventeen frequently asked questions about the United Nations special rapporteurs, the Code of Conduct for Special
Procedures Mandate-holders, the Manual of Operations of the Special Procedures of the Human Rights Council, and
other relevant document.
269
MAINS Thesis, 2009
Council resolution in 1947, confirmed that it had “no power to take any action in regard to any
However, in 1965 the Commission faced with a great number of individual petitions from
South Africa, mostly based on the issue of apartheid, and was put under considerable pressure to
deal with them. Two years later, the Commission decided to establish an ad hoc working group
of experts to investigate the situation of human rights in southern Africa which led to the
recognition of the need for public debate on specific countries. It took until 1975 before the
Commission dealt with another situation by creating an ad hoc working group to inquire into the
situation of human rights in Chile, following the 1973 coup by General Augusto Pinochet which
in 1979 was replaced by a special rapporteur and other two experts to study the fate of the
disappeared in Chile. The mandate was expanded in the ensuing year to become the Working
Group on Disappearances dealing with the question of enforced disappearances throughout the
world. Since then, there has been less reluctance on the Commission’s part to solicit the help of
human rights experts in examining specific situations, essentially analysis on how human rights
The selection process of experts began with the candidate nominations by governments,
Regional Groups operating within the UN human rights system, international organizations,
NGOs, and even individuals. A Consultative Group established will propose to the Human
173
Office of the United Nations High Commissioner for Human Rights, “Human Rights Fact Sheets: No.27
Seventeen frequently asked questions about the United Nations special rapporteurs,” (Geneva: United Nations,
2001), p. 3. [Quoted from The Economic and Social Council resolution 75 (V) (1947) and decision of the
Commission on Human Right at its first session, in January 1947.]
174
Ibid.,
270
MAINS Thesis, 2009
Rights Council (the former Commission) a list of candidates who possess the highest
experience, independence, impartiality, integrity and objectivity whose tenure will not be longer
than 6 years with annual review for country mandates and every three-year review for thematic
ones.175
The principal functions of Special Procedures generally include: (1) analyzing the
relevant thematic issue or country situation; (2) providing advice on the measures which should
be taken by the concerned government(s) and other relevant actors; (3) alerting the UN agencies
and the international community on the need to address specific situations and issues as an early
warning and preventive measures; (4) advocating on behalf of the victims of violations; (5)
activating, mobilizing, and encouraging the international and national communities for mutual
independent capacity, and in accordance with the mandate specified in the resolution establishing
them. Professional and impartial assessment of facts based on internationally recognized human
rights standards, free from any kind of extraneous influence, incitement, pressure, threat or
interference of any party are key conducts. They must strictly observe and uphold the highest
standards of the code of conduct which are efficiency, competence and integrity, or in other
175
Ibid.,
176
Office of the United Nations High Commissioner for Human Rights, “The Manual of Operations of the Special
Procedures of the Human Rights Council,” published on August 2008.
271
MAINS Thesis, 2009
words, though possibly be more expansive, probity, impartiality, equity, honesty and good faith.
Although the mandate-holders exercise their functions on a personal basis, their responsibility is
not considered national but exclusively international, entitled to privileges and immunities as
provided for under relevant international instruments including the Convention on the Privileges
It is generally agreed upon that the mandate-holders should exercise their functions based
on mutual respect and open relationship with all parties, especially the States. It is more
important for them to be cautious and attentive at all times of all available sources of information
which, due to certain sensitivity, they should always be guided in their information-gathering
Wherever feasible and appropriate, they should endeavor to consult and meet with such sources,
In order to fulfill the duties, all the mandate-holders will basically aim to visit a particular
country as an essential means to obtain direct and first-hand information on human rights
violations which would allow for more thorough observation of the situations and facilitate an
intensive dialogue with all relevant authorities. The visit occurs at the invitation of a state whose
177
Human Rights Council Resolution 5/2: Code of Conduct for Special Procedures Mandate-holders of the Human
Rights Council, 18 June 2007.
178
Office of the United Nations High Commissioner for Human Rights, “The Manual of Operations of the Special
Procedures of the Human Rights Council,” published on August 2008.
272
MAINS Thesis, 2009
government may take initiative to invite a mandate-holder or alternatively a mandate-holder may
request for the invitation by communicating with the government. The Human Rights Council
established the system of “standing invitation” in which states extended automatically accept a
An invitation for country visit is not the sole expectation of the Special Procedures from
the governments. In this connection, governments must offer appropriate guarantees, preferably
in writing, to ensure the protection of witnesses and the absence of all reprisals against any
When not on the country visit mission, most Special Procedures are to receive
information from different sources. They can act on credible information, which according to
the admissibility criteria in the Code of Conduct, should not be manifestly unfounded, politically
Communications will usually take the form of either “urgent appeals” or “letters of
allegation”. The former is used in cases where the allege violations are time-sensitive in terms of
179
Ibid.,
180
Ibid.,
181
Ibid.,
273
MAINS Thesis, 2009
loss of life, life-threatening situations or imminent and on-going damage of a grave nature that
require urgent intervention to cease the violation. In appropriate cases, mandate-holders may
decide to make such appeals public by issuing press releases. Generally governments are
requested to provide a substantive response within a month. Whereas letters of allegation are to
communicate information about violations that are alleged to have already occurred and of which
impact on the alleged victim can no longer be changed. Governments are usually asked to
respond within 2 months. In both types of communication, the mandate-holders call upon the
government concerned to take all appropriate action to investigate and address the alleged events
and to provide the results. Depending on the response received, the expert may decide to inquire
All the country visit findings and communications must constitute as an indispensable
basis of the Special Procedures’ annual periodic reports. Mandate-holders can also conduct other
activities such as thematic studies, participation in seminars or conferences and human rights
awareness-raising.183
On 15 March 2006, the UN General Assembly issued the resolution 60/251 establishing
182
Ibid.,
183
Ibid.,
274
MAINS Thesis, 2009
This actually lifts the status of recognition given to the issue of human rights in the
structure of UN from the Commission under the Economic and Social Council to equal footing
with other two pillars of the UN which are peace and security, and economic and social
development, as what Kofi Annan as former Secretary-General had persuaded all the world’s
leaders to agree at the September 2005 World Summit.184 As Paul Gordon Lauren asserted, the
Commission and its whole human rights architect were very much the result of political
negotiations and compromise from the outset. Besides, somehow along its existence until recent
years of its operation, the Commission had been widely and severely criticized for the failures to
live up to the vision of being a genuine protector of human rights abuses’ victims and instead
become a shield for violators to which in the midst of serious discussion on UN reform during
Among all the decision and discussion, those involved in redesigning the regime
concurred upon creating a system of Universal Periodic Review in which all members of the new
Council can be subject and accountable to castigation of their human rights situations. Apart
from that, they all agreed to retain, further strengthen, and institutionalize the Special Procedures
mechanism since this is the key machinery that effectively addresses the human rights
184
Yvonne Terlingen, “The Human Rights Council: A New Era in UN Human Rights Work?” in Ethics and
International Affairs, Vol. 12, No. 2 (New York: Academic Research Library, 2007), p. 167.
185
Paul Gordon Lauren, “‘To Preserve and Build on its Achievements and to Redress its Shortcomings’: The
Journey from Commission on Human Rights to Human Rights Council,” in Human Rights Quarterly, Vol. 29, (The
Johns Hopkins University Press, 2007), p. 308.
275
MAINS Thesis, 2009
encroachment, as Terlingen puts it that this unique system is the great invention by the
Commission to advance human rights protection globally as its “eyes and ears.”186
All mandate-holders under the Special Procedures, even prior to the full establishment of
the Council, have among themselves attempted to consolidate and systemize their works and
approaches in order to best maximize benefits for the cause of human rights. A number of
meetings on issues of enhancing its effectiveness taken place, Special Procedures’ extranet
access bulletins regularly released, annually related facts and figures published, Coordination
Committee set up to, to name a few initiatives arising among the mandate-holders to strengthen
this mechanism under the Human Rights Council and support of the Office of the High
186
Yvonne Terlingen, “The Human Rights Council: A New Era in UN Human Rights Work?” in Ethics and
International Affairs, Vol. 12, No. 2 (New York: Academic Research Library, 2007), p. 168.
276
MAINS Thesis, 2009
CHAPTER 3
The position of Special Rapporteur on human rights situation of the DPRK under the
Commission on Human Rights (currently the Human Rights Council) was adopted at its 50 th
meeting on 15 April 2004 by resolution 2004/13. In reference to the resolution, the members
international standing and expertise in human rights as Special Rapporteur whose mandates are
to establish direct contact with the government and the people of the DPRK, including through
visits to the country, and to investigate and report on the situation of human rights and on the
Government’s compliance with its obligations under international human rights instruments. In
order to carry out this mandate, the Special Rapporteur is requested to seek and receive credible
and reliable information from all relevant actors, including governments, NGOs, and any other
parties who acquire knowledge of the matters. The Special Rapporteur is required to report the
The resolution also calls upon the government of the DPRK to extend its full and
unreserved cooperation to, and to assist, the Special Rapporteur in the discharge of the mandate
and, to this end, to take all necessary steps to ensure that the mandate-holder has free and
unlimited access to any person in the DPRK whom he/she might wish to meet. Not only the
concerned governments, but the resolution also requests the Secretary-General and other UN
187
Commission on Human Rights Resolution 2004/13: Situation of Human Rights in the DPRK, 15 April, 2004.
277
MAINS Thesis, 2009
organs to give the Special Rapporteur all necessary assistance and support. Accordingly,
Professor Vitit Muntarbhorn was appointed to the task.188 So far, his tenure has been annually
Human Rights Council’s resolution 1/102 of 30 June 2006, and the most recent resolution 7/15
of 27 March 2008.
The resolution 7/15, voted in favor by 22 Council’s member states, including the ROK,
Japan and EU countries, reviewed the mandate commending the Special Rapporteur for the
activities undertaken and his continued efforts despite the limited access to information and,
international arena of how and why the awareness and concern over the human rights situations
of the DPRK have raised above the channel of formal mechanisms to address the issues which,
as previously discussed in Chapter 1, would require the good-will of the state to implement the
proclaimed obligations but it may be a protracted gradual process. Though complement each
other in many aspects, unlike the treaty-based mechanisms, the special procedures, more or less,
seem to be imposed upon the states, particularly in the case of country-specific mandates by
other states constituting the majority vote in the Council. The justifications and presumptions to
188
Ibid.,
189
Human Rights Council Resolution 7/15: Situation of Human Rights in the DPRK, 27 March, 2008.
278
MAINS Thesis, 2009
establish Special Rapporteur will be explored here, along with his credentials and methods of
3-1 International human rights concerns and politics leading to the appointment
complex social aspects of the world today. Likewise, the issues of human rights in one of the
last residue of ideological conflict of Cold War and the most reclusive society on earth as the
The recent concerns on North Korean human rights at the UN global stage leading to the
establishment of the Special Rapporteur started off with the UN Commission on Human Rights
resolution 2003/10 in April 2003, sponsored by the EU countries with support from the U.S. and
Japan. They expressed deep concern about reports of systematic, widespread and grave human
rights violations in the DPRK, including torture and other cruel, inhuman or degrading treatment,
public executions, imposition of death penalty for political reasons, the existence of prison
camps, severe restrictions on the freedom of thought, conscience, religion, opinion and
expression, peaceful assembly and association, and the discrimination against disabled children
and women. Hence, the Commission requested the High Commissioner for Human Rights to
engage in a comprehensive dialogue with the authorities of the DPRK on this matter.190 The
response from the Permanent Mission of the DPRK was nothing more than taking this position
of international community as the pursuit of political purposes under the pretext of “human
rights.” The DPRK emphasized that while continuing to pursue substantial discussions and
190
Commission on Human Rights Resolution 2003/10: Situation of Human Rights in the DPRK, 16 April, 2003.
279
MAINS Thesis, 2009
cooperation for achieving genuine human rights in the Commission and other human rights
meetings, the DPRK has opposed the challenges of politicization of human rights and double
standards.191 Later in April 2004, the Commission adopted resolution 2004/13, again under the
sponsor of EU countries, to establish the Special Rapporteur on the situation of human rights in
the DPRK.
Apparently, the DPRK has objected the whole process and contents of addressing
specifically its human rights situations within the frame of the Commission as part of political
incentives to artificially impair its image and deprive its people of their sovereignty and genuine
rights. Nevertheless, the DPRK stresses its position to achieve international cooperation and
collaboration designed to ensure the sovereign rights of all peoples as it has become party to
several international legal instruments on human rights and implemented them in good faith.192
As quoted from the study of Todd Landman earlier in Chapter 1 which complements the
precedent argument of Linda Camp Keith, he elaborates a few independent variables facilitating
for the state’s good-will to implement the human rights obligations which are different level of
forth. All these factors only exist at the minimum degree under the totalitarian state of the
DPRK as those human rights violations and concerns addressed in the Commission’s resolution
are obviously constituted as parts of state’s tools and strategies to control its subjects. The
191
Note verbale from the Permanent Mission of the DPRK addressed to the Office of the UN High Commissioner
for Human Rights, dated 4 February 2004.
192
Ibid.,
280
MAINS Thesis, 2009
questions here are the fact that those oppressions have commenced probably since its foundation
but only from few years back that the international community perceives it is inadequate to deal
with them through the formal procedures of treaty-based mechanisms which will only gradually
transform and engage the DPRK in its human rights duties and decides to the formation of
Apart from the fact that after the collapse of the former Soviet Union, the DPRK’s major
patron for food and oil subsidies, following with natural disasters during the mid of 1990s, the
DPRK has faced severe blow of economic downturn causing greater number of people illegally
cross the borders and seek better opportunities in other countries whose accounts of personal
experience as well as the situations within the DPRK have been portrayed and reported, the
human rights concerns at the global level can be recognized in parallel with the emerging
attention towards the DPRK as a whole which essentially coincided with the overall interest
direction when the former U.S. President Bush delivered his state of the union address in January
2002, declaring the continuous war against terror stating North Korea, along with Iran and Iraq
as “axis of evil.” This rhetoric reflected many policies’ implications as John Feffer, the Co-
Director of Foreign Policy in Focus, argued that when a more confrontational stance
predominated in U.S. policy towards the DPRK, human rights issues were also more prominent.
He mentioned, for instance, the former President Bush’s emphasis of human rights language
when describing the authoritarian political structure and “evil” intent of the DPRK regime.193 In
this atmosphere, the Congress passed the North Korean Human Rights Act of 2004.194
193
President Bush convinced that North Korea was a regime arming with missiles and weapons of mass destruction
281
MAINS Thesis, 2009
The North Korean Human Rights Act officially legislated in October 2004 was an
amended version of the North Korean Freedom Act advocating for by the U.S lawmakers in
2003. The Act was slightly amended when it expired in 2008 and extended to 2012 as the North
Korean Human Rights Reauthorization Act 2008. Though the key features of this Act are the
appointment of Special Envoy (in later Act of 2008, enhanced its authority to Ambassador) and
humanitarian assistance provided for the refugees, Suh Bo Hyuk mentioned the suspicious
reactions criticizing the law for being a thinly veiled way in which to pressure or encourage the
overthrow of the regime in Pyongyang with the hidden politically motivated intention.195 This
Since the EU counties, led by the United Kingdom, have played an indispensable role in
the drafting and adoption of the above mentioned resolutions in both General Assembly and the
respect, Ruediger Frank set out the assumption based on “special relationship” between London
and Washington, which would effectively prevent any support, not to speak of an initiative, of a
European political challenge of the U.S. as well as the U.S.-Japan-Europe triad that, without
much doubt, the issues of the DPRK touch the interests of Japan and the U.S., though not with
and potentially providing these arms to terrorists while starving its citizens.
194
John Feffer, “U.S. Policy Change on North Korean Human Rights,” presented at the 5th International Symposium
on North Korean Human Rights: International Perspectives and Challenges Concerning North Korean Human
Rights, organized by National Human Rights Commission of Korea at Korea Chamber of Commerce and Industry,
October 29-30, 2008.
195
Suh Bo Hyuk, “Controversies over North Korean Human Rights in South Korean Society,” in Asian Perspective,
Vol. 31, No. 2 (Oregon: Kyungnam University & Portland State University, 2007), p. 37.
282
MAINS Thesis, 2009
…the EU’s engagement with North Korea has to be seen in the context of a global
alliance between the USA, Japan and the EU…which shows that the EU is indeed
ready to play its role in the cooperative alliance with Washington, even under the
current extraordinary conditions and could further be interpreted as a will for
closer political cooperation with Japan 196
Having positioned the hypothesis as such, the scenario seems precarious to the extent that
the support for global call on North Korean human rights concerns by the EU is located in the
careful consideration of its alliance’s interest and stance. Hence, if the international politics is
likely a decisive factor whether harsh expression on human rights will be applied or whether the
human rights of the DPRK could then be compromised in the case of softer policies to engage
the DPRK in other areas. In this sense, the claim of human rights politicization stated by the
DPRK’s authority against the resolutions may probably have some grounds.
The DPRK is simply another such clash as Tony Evans describes UN as the generator of
impressive body of international law on human rights contributing to the global reach of the
196
Ruediger Frank, “EU-North Korean Relations: No Effort Without Reason,” in International Journal of Korean
Unification Studies, Vol. 11, No. 2 (Seoul: Korea Institute of National Unification, 2002), p. 112.
197
Michael Freeman, “Human Rights: An interdisciplinary approach,” (Cambridge: Polity Press, 2002), p. 52 and 9.
283
MAINS Thesis, 2009
‘idea’ of universal human rights whereas it is an organization based upon sovereign states with
However, these pose as an opportunity and at the same time a challenge for those
advocating for the DPRK human rights, including the Special Rapporteur on the situations of
human rights in the DPRK. Perhaps politics played role in the establishment of this position but
with provided space, Special Rapporteur in collaboration with other parties can alert the DPRK
Since the personal integrity and credentials constitute the most significant element as the
human rights capital of the mandate-holders, this section, thus, devotes to briefly provide
background information about Vitit Muntarbhorn, the Special Rapporteur on the situations of
Vitit Muntarbhorn, a graduate of Oxford University and the Free University of Brussels
and a barrister at the Middle Temple in London, is the renowned human rights scholar who
acquires the teaching position at the Faculty of Law, Chulalongkorn University in Bangkok,
Thailand. At the faculty level, he held the position of Department Head on various occasions
and has received numerous awards for his relentless contribution to pedagogical and academic
198
Tony Evans, “The Politics of Human Rights: A Global Perspective,” (London: Pluto Press, 2001), p. 85.
284
MAINS Thesis, 2009
fields. He has taught at a variety of other institutions, including the Faculty of Law at Reading
University in the UK, and at the Canadian Human Rights Foundation. He has conducted and
published a number of researches on international norms of child right, women right and rights
related to refugees leading to more awareness of this area in Thailand. He also holds various ad-
hoc consultant posts in government agencies, independent organizations as the National Human
Rights Commission of Thailand, NGOs and civil society, such as the International Law
Association of Thailand and Campaign for Popular Democracy. His accredited legal and human
At the international level, he participates and shares his expertise in several forums and
opportunities, such as a member of Advisory Council of Jurists in the Asia-Pacific Forum, the
Co-Chair of the experts’ meeting to develop the Yogyakarta Principles on the Application of
International Human Rights Law in Relation to Sexual Orientation and Gender Identity released
in 2007, the Co-Chair of the Civil Society Working Group for an ASEAN Human Rights
Mechanism, a former executive director of Child Rights ASIANET, a regional network for the
protection to children established by UNICEF, to exemplify few. For his service under the UN-
Charter Special Procedures, prior to being appointed the Special Rapporteur on situations of
human rights in the DPRK, he was the first mandate-holder on the Sale of Children, Child
Prostitution and Child Pornography during 1991-1994 and he has persistently dedicated to
reinforcing the Special Procedures mechanism with the committed belief in its added values to
human rights as he noted, during an open-ended Seminar on Enhancing and Strengthening its
Effectiveness, the focus on victims, the broad range of the mandates, and the fact that action by
285
MAINS Thesis, 2009
Special Procedures in relation to an alleged violation of human rights do not require exhaustion
of domestic remedies, based on prima facie concerns. In this seminar, he was the only mandate-
holder submitted a proposed paper “Special Procedures of the UN at the crossroads.” Besides,
he actively addressed the mechanism when he chaired the Coordination Committee of the
Special Procedures.
(UNESCO) Prize for Human Rights Education in 2004, the same year he was appointed the
under the resolutions establishing them, along with the Code of Conduct and the Manual of
Operations. In this regards, Vitit Muntarbhorn is tasked with preparing and submitting the
annual report on the human rights situations in the DPRK to the UN General Assembly and
Human Rights Council. In order to fulfill his mandate in the midst of the international political
challenges described earlier as well as with the absence of recognition from the DPRK, the
286
MAINS Thesis, 2009
The approach of the Special Rapporteur continues to seek an invitation for country visit
and convince the DPRK to respond to the mandate as a window of opportunity to engage with
the UN. To date, the authorities have declined to cooperate with the Special Rapporteur.
Instead, he makes his visit to the neighboring countries whereby the North Koreans cross border
in search for asylum and which positively respond to his requests. He carried out his past visits
in Japan, Mongolia and the ROK where he met and conducted interviews with North Korean
people and victims’ families, respective government authorities, independent organizations as the
National Human Rights Commission, NGOs, and other UN agencies. With all these sources and
information, the Special Rapporteur cross-checks and compiles data while analyzing the human
rights situations and providing recommendations based on his expertise to all parties concerned.
Usually he organizes a press release at the end of his country visits. The Special Rapporteur also
attends and participates in seminar, conferences and workshops on the DPRK human rights
issues, in which he would present a statement giving clarification on his mandate. For instance,
Korean Human Rights in Seoul organized annually since 2004 by the National Human Rights
Commission of Korea.
Since the adoption of his mandate, Vitit has sent several communications to the DPRK’s
government which mostly were joint communications with other Special Procedures. Those
communications mainly expressed the concerns and called upon the DPRK to provide
information in related to groups of people who were repatriated back against their will and in
fear of being tortured or summarily executed. Some communications appealed on the case of
287
MAINS Thesis, 2009
abductions of other nationals by the DPRK. In the beginning of these communications, the
DPRK’s reply rejected the content and reiterated its position of not recognizing the mandate. In
the later phase, there has been no response from the DPRK government at all.
288
MAINS Thesis, 2009
CHAPTER 4
In the Commission on Human Rights’ resolution 2004/13, apart from expressing deep
concern over the human rights situation in the DPRK and appointing the Special Rapporteur to
establish direct contact with the Government and people of the country and to investigate the
human rights violations, it requested the Special Rapporteur to present a report annually to the
Up until this year, Vitit Muntarbhorn has submitted 4 annual reports which generally but
not always cover the second half of previous year to the first half of reporting year. All his
reports range from 20-22 pages composed of brief introduction, issues of human rights concerns
and activities which cover in details communications sent to the DPRK’s government and
In the first section of all his reports, Vitit generally expresses his appreciation to all
parties equipping him with required assistance and insists the DPRK to view his mandate as a
window of opportunity reaffirming that the adopted process is based upon a constructive step-by-
step approach, working progressively to promote and protect human rights in the country in a
fair, balanced and independent manner. Also, the Special Rapporteur welcomes the fact that the
DPRK is a party to 4 key human rights treaties mentioning its recent engagement with the
289
MAINS Thesis, 2009
monitoring Committees. His reports always emphasizes the hope that the negotiations between
various international players to denuclearize the Korean peninsula, so-called the six-party talks
progress positively and provide a key development to build trust and confidence bringing about
additional space for the improvement of the human rights situation, supposedly by diverting
In his initial report, the Special Rapporteur laid out his concerns by first elaborating on
political, economic, social and cultural contexts of the DPRK. Among all these, the report
highlights the notable progress before 1995 in areas of economic, social and cultural fields, such
as various safety nets to help the population, ranging from State-provided health care to social
security. Unfortunately, those have declined drastically since and from 2002, the public
distribution system (PDS) has been adjusted to introduce small-scale consumers’ markets and
His analysis is situated in the context that the DPRK’s authorities put more emphasis
when considering the issues of human rights on collective (State-centric) rights, the protection of
national sovereignty and state’s right to survival. Besides, the attempt to understand the human
rights situation in the DPRK cannot be totally separated from the challenge of democratization in
199
In parentheses, the year of submission is provided.
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the country, the effects of war on the Korean peninsula (1950-1953), the challenge of
demilitarization and disarmament in the region, the challenge of sustainable development and the
need for broad-based popular participation. Instead, human rights situation must be addressed
bearing the traumatic development since the mid-1990s, at times linked with internal and
external factors.
Concerning the specific human rights challenges, the reports underscored on;
1) the right to food and the right to life from his consultations with key humanitarian
agencies that there was a continuing need for food aid to help the population which should
accompany with more effective monitoring aimed at ensuring maximum transparency. The
sources he interviewed gave conflicting account of whether the food aid provided from abroad
2) The right to security of the person, humane treatment, non-discrimination and access
to justice which provided the backdrop for the resolution establishing the mandate of the Special
Rapporteur. The report quoted from the Concluding Observations by the Human Rights
Committee under the ICCPR on the issues of collective punishment, lack of due process of law
or access to justice, increased penalties for anti-State crimes, for instance. There were also
reports that there is no independent judiciary which the Special Rapporteur stated he was not in a
position to verify all these reports and allegations, but initial impressions suggested these could
not be seen as merely coincidental, therefore he urged authorities to address this scenario in a
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3) The right to freedom of movement and protection of persons linked with displacement
which quoted from the Concluding Observations by Human Rights Committee on concerns
related to the Immigration Law. He also introduced the international legal terms, “refugee(s) sur
place” describing the case of North Koreans people who did not leave the country for fear of
4) The right to the highest attainable standard of health and the right to education quoted
from the Concluding Observations by the Committee on ICESCR on a rise of various diseases
and malnutrition as well as access to schools. The Special Rapporteur stressed on both
through education.
cited from Concluding Observations by the Human Rights Committee on these restrictions from
6) The rights of specific persons/groups which were mainly women and children who
have become much more vulnerable in the face of crisis pushing them to leave homes in search
for employment and food elsewhere and falling victims of smuggling or trafficking.
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In the second report, the Special Rapporteur provided information on the changes that
occurred during the past year. He divided the reports into general and specific concerns with
The general concerns addressed the issues of right to food and life with worrisome
expression that the authorities were no longer permitting various markets to operate for fear of
losing the hold on economy, thereby reverting to the public distribution system which still
discriminated against the vulnerable, particularly children, pregnant women, the elderly and
those with disabilities. The country’s shift from accepting humanitarian relief to its current call
for a development framework should be coupled with a strategy to incorporate human rights
comprehensively into the programming process. There was also the question of the rights to
security of the person, humane treatment, non-discrimination and access to justice in which he
criticized the reforms of the Criminal Code and Criminal Procedure Code in 2004 operating
under “quasi-judicial systems” as comrade judgment committees and socialist lawful living
guidance committee. Concerning the freedom of movement, asylum and refugee protection,
there were reports of potential or actual forced return (“refoulement”) of North Koreans who had
2005/2006. The Special Rapporteur sent numerous communications on this issue to the DPRK.
He posed this as a challenge to also work with neighboring countries to abide by international
law highlighting the need to avoid criminalizing innocent people who need protection and
humane treatment. With regard to the right to self-determination and to political participation,
access to information, freedom of expression, belief and opinion, association, conscience and
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religion, there was no ostensible improvement during the year due to the implementation gap
The specific concerns gave more detailed analysis on the situations of women, children,
the elderly, the disabled and the ethnic minority, the Chinese Koreans who, under the
hierarchical and stratified society as the DPRK were relatively more oppressed. While women
are a large base of the workforce, their access to high decision-making positions is limited and
often relegated to stereotyped roles, as noted by observations made in July 2005 by the CEDAW
Committee. Women and children in families are at times punished for being associated with
relatives seen as hostile to the regime, on the basis of “guilt by association.” He raised a
challenge for international and national agencies dealing with children, particularly those with
access to the localities, to act more proactively and accessibly to address not only the issue of
child survival and development but also child protection and participation. Though he welcomed
the adoption of new law in 2003 on the protection of persons with disability, the implementation
remains to be seen. To date, it is reported that they were sent away from the capital city, and
especially those with mental disabilities are detained in areas or camps known as “Ward 49”
In the third report, the Special Rapporteur analyzed the key concerns based on
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The sustenance involved rights pertaining to food, nutrition and related matters which in
2006, outside aid has been less than forthcoming, as a reaction to the missile and nuclear tests
carried out by the DPRK. World Food Program was able to reach 29 countries out of the
projected 50 and was able to cover only some 740,000 beneficiaries, having received only 12
percent of the required funding and expected available food stocks to be exhausted by the second
quarter of 2007. The shortage of food will thus have a major impact on the needy population
compounded by the decline of medical services and shortage of medicines, fertilizers and
electricity.
Given the repressive nature of the State and the Government’s cult-based system, basic
freedoms are markedly constrained, including rights pertaining to security of person, humane
treatment and justice. There were still continuing reports of violence committed by State
authorities against political dissidents and criminals as torture, public executions, substandard
prison conditions, to name few. This has been confirmed by a number of interviews which the
Special Rapporteur had with refugees whom he met during the year.
The rights pertaining to refugees/those seeking refuge constitute the center of asylum
perspective which the Special Rapporteur paid attention to several points of increased concern as
the issue of characterization and definition between refugee and illegal immigrant, along with
their different protection, the strict control over migration of the DPRK both inside and border
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crossing. Several persons interviewed by the Special Rapporteur experienced with forced return
and punishment inflicted at various degrees. There was also the issue of responses on the part of
first asylum countries of which practices varied by country and geographical area, reflecting
from the changing pattern of the arrivals. He addressed the issue of international burden-sharing
to not only help first asylum countries in finding durable solutions but also exert effective
influence on the DPRK to handle the root causes leading to outflows. He emphatically regretted
that there is a “market value” attached to refugees, who were exploited in a “chain-enchained”
manner: at every step of the way from the borders of the country of origin to the final destination
country, there is a chain of elements that seek to exploit the needs of refugees and their “worth”
specific groups which are women and children, especially with the rise in number of women
seeking refuge whom could be subjected to human smuggling or trafficking. Main concerns for
children included their access to food and the quality of education as a key instrument of
New perspective introduced in this report was the responsibility and accountability of the
State authorities to protect human rights and freedoms which during 2006, the Security Council
and the General Assembly adopted resolutions on the DPRK, imposing a variety of sanctions on
the country. The Special Rapporteur referred to a study by the Committee for Human Rights in
North Korea which claimed that the misdeeds of the authorities were tantamount to crimes
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against humanity, fulfilling the conditions of intent and widespread or systematic attacks on the
civilian population. He also mentioned another perspective linked with the individual criminal
In this report, the Special Rapporteur examines the situations from numerous factors
which are; human rights and the development process: the inequity factor; access to food and
other necessities: the disparity factor; rights and freedoms: the insecurity factor; displacement
and asylum: the (im)mobility factor; groups of special concern: the inequality factor;
The report states that the gap between the haves and have-nots is on the increase, as seen
in the food situation and lack of distribution of resources and political power undermining the
potential for human development. In other words, there is no genuine participation by the
There is also a great disparity between access by the elite to food and other necessities, and
access by the rest of the population to such items which in 2008 seen more serious food shortage.
The report cites from the External Auditor’s report on World Food Program in many aspects.
The insecurity factor is described in terms of public executions and harsh prison
conditions, based on the Amnesty International Report 2008. The Special Rapporteur also
mentions rigid control over those professing their religious beliefs and the abductions of foreign
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nationals, in particular the recent consultations between the DPRK and Japan in which the
The issues of displacement and asylum is on an increase with the report that the
authorities were compelling various groups, including the elderly, to leave Pyongyang around the
time of important events and an incipient stream of workers and migrants laborers travelled to
special economic zone inside the country or across the border as part of bilateral arrangement on
labor importation. In this front, the Special Rapporteur urged the DPRK to join ILO
conventions. The situation facing those seek refuge abroad remains precarious due to first, more
restrictions were imposed, even “shoot on sight” policy; second, the promise of rewards
(bounties) was offered by local authorities in an asylum country to help identify them; third,
more severe punishment for those offering asylum across the border are threatened. The Special
Rapporteur has emphasized that they should neither be prosecuted nor treated as illegal
immigrants, but rather as asylum-seekers or refugees. He further raised the question of the status
of children born in other countries to one or more parents from the DPRK, inviting response
aimed at ensuring the child does not become stateless, and the question of family reunification.
The inequality factor focuses on women and children in related to falling victims of
violence in the plight of survival crisis. The Special Rapporteur has talked directly with many
women whom were sold into forced marriage in a neighboring country before moving on to seek
refuge elsewhere. For children, he referred to most recent report submitted by the government of
the DPRK to the Committee on CRC which was decidedly thin in regard to the special protection
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measures for children in difficulties, such as refugee children, children of political dissidents,
For the impunity factor, the Special Rapporteur urged the national authorities and the
international community to address the conditions which has enabled such violations to exist
and/or persist for a long time. He commends few entry points to act on this in connection with
different actors and scope, namely softer entry point to hold local officials more accountable at
the national level; harder entry point to advocate for more accountability in the international
also civil society, or to examine whether other arrangements, regional, bilateral or mixed, may be
possible to advocate a sense of responsibility to counter the impunity factor. He exemplified the
engagement of the DPRK with the new Universal Periodic Review system under the Human
Rights Council.
4-5 Recommendations
The end of the Special Rapporteur’s reports comprised his recommendations proposed to
the DRPK and international community which become more consolidated from the first to the
latest one.
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For immediate measures to be taken by the DPRK, the Special Rapporteur urges the
government to ensure effective provision of and access to food and other basic necessities, end
the punishment of asylum-seekers returned, terminate public executions and other abuses,
resolve the issue of foreigners abducted by the DPRK, and invite him to assess the human rights
situation on the ground in the country so that concrete area of improvement can be advised.
For the progressive longer-term measures, he requests the DPRK to ensure a more
equitable development process in the country, implement human rights under the treaty-based
obligations effectively and comprehensively, and transfer resources from the militarization
process to the social development sector. He also calls upon the DPRK to overcome disparities
and build food security through sustainable agricultural development with broad-based people’s
reforming prisons and abiding by the rule of law, to adopt a clear policy not to punish those who
leave the country while addressing the root causes of refugee outflows, criminalizing those who
exploit them, instead of the victims, and acceding to related international treaties, to protect the
The Special Rapporteur invites the international community to respect the rights of
refugees, particularly the principle of non-refoulement, to emphasize more strongly the need for
participatory, sustainable and equitable development in the DPRK highlighting strategies for
food security “no access, no aid,” to maximize dialogue with the DPRK government to promote
dispute resolution and enlarge space for human rights discourse and action, and to address the
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impunity factor through a variety of entry points whether in terms of State responsibility or
CHAPTER 5
Due to the fact that the DPRK is known as reclusive isolationist state where information
or knowledge of internal current situations exists at best at minimal level and more or less under
supervision of the regime, to provide any account concerning the DPRK is reliant a great deal
upon the holders and presenters of information’s reputation and credentials, as well as their
methods of access to sources and analysis. This chapter therefore will only portray some of
selective reports regularly published by globally renowned human rights NGOs which are
Human Rights Watch and Amnesty International, together with the annual country reports on
human rights practices conducted by Bureau of Democracy, Human Rights and Labor, the U.S.
Department of State and the annual White Paper on Human Rights in North Korea compiled by
Korea Institute for National Unification. These will constitute 2 reports from NGOs and
government agencies each. Other reports from other organizations definitely contribute
significantly to the increased pool of resources and awareness in the field however they are, more
or less, either based on thematic issue of human rights concerns or irregularly published.
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The core criteria and focus of this review will be placed on how these reports relate to
and recognize those of the Special Rapporteur and his role, what the particular issues of concerns
they raise and on what ground. It is beyond the scope of this chapter to examine particular
Though Human Rights Watch (HRW), in April 2008 had issued a special report on the
children of North Korean women in China: Denied Status Denied Education and in May 2006 a
report particularly examined the North Korean Government’s Control of Food and the Risk of
Hunger, HRW generally contributes around 5 pages for North Korea in its annual world report.
For 2008, HRW stands firm that the DPRK’s human rights conditions remain abysmal.
The report mentions in particular issues of the right to food, North Koreans in China, refugees
and asylum seekers outside China, treatment of suspects and prisoners, North Korean workers at
background information pertinent to the plights of refugees and asylum seekers, HRW’s annual
report places emphasis on those areas. Even under the section on treatment of suspects and
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prisoners, the report mainly addresses the penalties, torture and harsh treatment inflicted on
illegal border crossers as criminal act of treason. It mentions routine inhuman and degrading
treatment in detention facilities as lack of food and medicine leading to illness and sometimes
death. Concerning issues of North Korean workers at Kaesong Industrial Complex, the report
only criticizes against the structural arrangement of trade agreement between South Korean and
the U.S. businesses overlooking the working conditions which fall short of international
standards on freedom of association, the right to collective bargaining, sex discrimination and
Under the section of key international actors, the report in short elaborates on recent
development of nuclear disablement, the second inter-Korea summit, other recipient countries of
North Korean workforce, issues of international abductions, and at last points that North Korea
has not responded to repeated requests for dialogue from Vitit Muntarbhorn, the UN’s Special
Amnesty International Annual Report normally sets aside approximately 3 pages to cover
the DPRK. The report reaffirms that systemic violations of human rights continued, including
capital punishment, torture, the political and arbitrary use of imprisonment. Though it mentions
200
Human Rights Watch World Report 2008, p. 303.
201
Ibid.,
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situation of food shortfall, refugees and asylum-seekers, the report in more details describes the
issues of enforced disappearances, freedom of expression, death penalty and prison conditions.
The report provides some descriptions relating to the cases of violations on the issues of
enforced disappearances and death penalty. The first case is about Son Jong Nam who was
arrested in January 2006 accused of treason from visiting his brother in China. Reportedly he
had been at risk of imminent execution since his arrest and in a critical condition following
torture by the National Security Agency (NSA). The second case is about the president of an
export company in South Pyongan province who had been publicly executed under the charge of
selling factory equipment to buy food for starving workers and hiding his membership of a
grassroots anti-communist civil militia. It, nonetheless, has not stated how and where the
information is received.202
The report censures as always for the restricted and denied access by independent human
rights monitors in general and the UN Special Rapporteur on the human rights situation in the
5-3 The U.S. Department of State’s Country Reports on Human Rights Practices
The Annual Country Reports on Human Rights Practices of the Bureau of Democracy,
Human Rights, and Labor under the U.S. Department of State dedicates 15 pages to cover the
202
Amnesty International Annual Report 2008
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MAINS Thesis, 2009
DPRK situations and is composed of 6 sections: respect for the integrity of the persons, respect
for civil liberties, respect for political rights, discrimination, societal abuses, and trafficking in
persons, including women, children, persons with disabilities; and worker rights. Unlike many
other reports related to the DPRK, this one does not mention the food crisis in particular but
In all sections, the report first outlines what rights, entitlements, freedom, and duties have
been specified in the Constitution and related ordinance, and follows with counter reports.
Similar with Amnesty International’s, this report surfaces the cases with the names of those who
were violated, such as the account of Son Jong Nam among other defectors’ cases who are
highly likely to face torture upon being repatriated back. The report does not specifically
elaborate on where and how the interviews were conducted or the sources of information. It
cites, oftentimes from a South Korean NGO or NGOs without providing specific organizations,
except for Freedom House, Human Rights Watch and the Korea Institute for National
Unification’s White Paper on Human Rights in North Korea. It also in many sections quotes the
report of Special Rapporteur on the situation of human rights in the DPRK, even in more
report describes the government’s ignorance of requests for visits by international community,
both NGOs and international experts, particularly mentioning that the government prevented the
UN Special Rapporteur on the situation of human rights in the DPRK from visiting the country
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to carry out his mandate as well as rejected the offer of the Office of the High Commissioner on
Human Rights to work with the government on human rights treaty implementation.
The White Paper on Human Rights in North Korea has been published by the Korea
Institute for National Unification (KINU) annually in both Korean and English from 1996
bearing in mind the constraints in making assessment of the DPRK with limited access to
conduct research on current situation or verify specific accounts. To supplement the shortage of
sources, the White Paper draws from a variety of reliable materials including intensive and
repeated personal interviews with new settlers (North Korean defectors in South Korea),
questionnaires and surveys, reports of NGOs and international organizations, and interviews with
experts and staff at various relief agencies. The White Paper hence is the most comprehensive
For the 2008 White Paper, it is divided into 5 sections: human rights and the
characteristics of the North Korean system, the reality of civil and political rights, the reality of
economic, social, and cultural rights, the rights of minorities that are women and children, other
human rights violations such as South Koreans abducted and detained in North Korea, the human
rights of South Korean POWs held in North Korea, and human rights violations of North Korean
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escapees.203 Examining the structure of the White Paper, it can be assumed that this year paper’s
core contents provides account in accordance with areas of international human rights
obligations declared by the DPRK towards the treaties ratified. Though most information relied
on previous White Papers, the interviews of new settlers and recent developments have been
As part of the section 1, human rights and the characteristics of the North Korean system,
in sub-section 3, international human rights regime and North Korean human rights policies, the
White Paper gives account of increasing pressure under the UN human rights regime on the
DPRK to improve its human rights situations. It does not mention on any treaty obligations
however displays the mechanisms under the UN Commission on Human Rights and General
Assembly in issuing related resolutions and establishing the Special Rapporteur on the human
rights situation of the DPRK. It further explains the DPRK’s official response and the ROK’s
participation towards all these international initiatives as well as the DPRK’s reaction towards
the ROK and the EU countries as the main advocate in international human rights stage.
5-5 Observations
It should be indispensably noted that the restricted sphere to sources of information in the
DRPK creates concerns for all parties in addressing, verifying and analyzing the human rights
situations. The main sources are from accounts of those left the country and the international
203
The Korea Institute for National Unification, White Paper on Human Rights in North Korea, 2008.
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MAINS Thesis, 2009
agencies residing inside. Consequently there is a high tendency that these reports published will
not really surface any unique unheard story but likely to refer or quote from one another. All of
them acknowledge the existence of the Special Rapporteur on the situations of human rights in
the DPRK but only the White Paper of KINU that significantly refer to his substantial analysis as
the “refugees sur place” and how to categorize or differentiate between refugees and illegal
migrant workers considering the particular context of the DPRK. Although the U.S. Department
of State’s Country Report did cite certain description from the Special Rapporteur’s reports, it
only brings the cases of incidents but not his analysis based on international legal human rights
terms. At the same time, the Special Rapporteur uses the accounts of all these reports, except the
U.S. Department of State as a springboard for crosschecking his information and furthering
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CHAPTER 6
Conclusion
This research bases its foundation upon the development of the present international
human rights architect under the UN with the genuine supposition in the existence of universal
human rights for all and reviews its established mechanisms through the lens of human rights
issues of the DPRK focusing on Special Procedures under the UN Charter-based bodies which is
In order to understand the Special Procedures, the research first provides insight into the
formal structures of human rights implementation under the treaties-based mechanism. For the
DPRK, it is the party to 4 core human rights instruments, namely the ICCPR, ICESCR, CRC and
Committees to submit its periodic reports on the compliance and implementation. Though the
DPRK has not followed the reports’ due date and taken the Committees’ observations into
practice seriously, at least this can be considered as channel of human rights engagement with
such an isolationist state. In this sense, Linda Camp Keith would assert that the treaty’s
implementation mechanisms are too weak and rely too much upon the goodwill of the party state
to effect observable change in actual behavior. Keith’s assertion, together with Oona
Hathaway’s integrated theory of international law concurs that suppressive state commits to the
international human rights laws which possess weak enforcement mechanisms with the
calculation of this condition in mind aiming for the collateral consequences it would gain from
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doing so. This reveals many loopholes in enforcing compliance of the proclaimed commitment
to the universal human rights standards, especially in states of which domestic rule of law
institutions are also weak, the existence of NGOs and civil society are limited or absent, the
The research moves on to another mechanism of international human rights regime, so-
called Special Procedures which are the Charter-based bodies under the Human Rights Council
describing in details its origin, methods of functions and transformations to date. It was
operating under the former Commission on Human Rights in which only the 53 members of the
Commission could play role and set human rights agenda or criticize other states’ human rights
practices. The structure of Commission was claimed by many critics to abuse global human
rights aspirations to serve own national interests. In the midst of relentless call for the reform of
the international human rights regime, the Commission stood at the center of this resolve.
Several new initiatives and reorganization were introduced to the Commission-replaced Human
Rights Council however throughout its review period the Special Procedures were hailed as the
objectively constructive manner. The mechanism was strengthened and consolidated even more
Even though many critics and human rights advocates have given high credibility to the
work of Special Procedures, the establishment and appointment of the mandates, in most cases
the country-specific mandates, have faced with opposition from the imposed countries under the
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MAINS Thesis, 2009
claim of political manipulation. This argument is exactly happening in the circumstance of the
establishment of Special Rapporteur on the situations of human rights in the DPRK. As earlier
explained, within the treaty-based bodies, the voluntary aspect of self-reporting constitutes the
main monitoring structure which oftentimes proves to be flawed and inefficient, particularly in
the DPRK’s case which lacks numerous strands to facilitate the access of human rights
monitoring and implementation. Nonetheless, these have not simply posited the authentic trigger
to appoint the Special Rapporteur in 2004. The research puts forward that, where all conditions
remain the same, the establishment of Special Rapporteur coincided with and responded to the
harsher rhetoric at the peak of global war on terrorism which the DPRK was enlisted as one axis
of evil. The heightened attention has been directed towards the DPRK not only in regards of its
threat to global security but also the specification of its regime in oppressing own subjects as
evil. This increasing scale of alert with underlying alliance between the U.S. and EU countries
prompted the latter to take a lead in sponsoring the appointment of Special Rapporteur.
This rejection of Special Procedures by the government of DPRK founded on the claim
of politicization is nowhere unfamiliar to all parties concerned, and most importantly to the
Concerning North Korean Human Rights, Vitit Muntarbhorn clearly ascertained, regardless of
whatever ramifications establishing his mandate, of the integrity to fulfill the duties for the sake
of universal human rights and to verify to the utmost the pluralistic sources of information and
crosschecking. All these have been profoundly reflected in his annual reports for the past 4 years
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in which he applies his expertise in legal human rights norms and standards to analyze the human
rights situation of North Koreans both within and itinerant across neighboring countries. The
main challenge he faces is the objection and unwelcoming position of the DPRK causing in the
absence of cooperation and recognition towards his role and contribution which in turns
obstructs the access and examination of the situations first hand, the significant feature of Special
Procedures. Certainly there are many other difficulties to encourage the involved actors to
facilitate and follow the recommendations with the realization or even awareness of North
The research also observes the volatility of his position in which resolutions establishing
and renewing the mandate create its existence as well as outline of working space. As having
noticed above, the human rights agenda emerges at times of alert in global security threat of the
DPRK regime, accordingly it could assume that when the engagement with the DPRK would
change or reverse to a softer gesture, the human rights advocacy could possibly be toned down
and the mandate may be extinguished, though not in the foreseeable future, especially with the
Hence, still it is indispensable for those proponents of human rights and human dignity to
always make the concerns on human rights situation of North Koreans louder than political
rhetoric. The diplomatic or softer relations with the DPRK regime in the future cannot and will
not be placed as the primacy over human rights. In other words, human rights advocacy cannot
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be used as inferior factor which can be ignored or raised whenever the surrounding
human rights NGOs and agencies, there are still gaps to be filled in terms of applying his
substantial analysis or technical assistance and maximizing the mechanism in a more proactive
way bearing in mind that their reference to the Special Rapporteur would expose him to diverse
cases, uplift his leverage in addressing human rights situations, and make known to the
international community that the mandate’s existence will weigh on issues of human rights, not
political rhetoric subjecting decisions and resolutions of Human Rights Council accountable, as
well as advocate for the standardization or minimum criteria in terminating the position.
This research, needless to say, will contain manifold limitations and challenges.
Essentially and most importantly of all is the fact that this research bases its framework on sheer
universal legal human rights perspectives as the only tool to address the human right situations of
the DPRK which though it is probably the most objectively accepted and concrete mechanisms,
the research overlooks and takes numerous other arguments and machinery to address human
rights for granted, political aspects, moral and philosophical implication of rights, cultural
relativisms, to name just few. It is worthwhile to always note that the application of a single
method to realize human rights will never bear fruit. The promotion and protection of human
rights must involve as many combinations of strategies and mechanisms as possible, for instance
the encouragement for benign economic development, democratically healthy and participatory
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administration, etc. Moreover, it overlooks the theoretically underneath implications of state’s
behavior and political justifications. The future research can deepen this study also more on the
ground examining as to which degree the Special Procedures has created human rights impact.
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Legal Status of Women and Their Rights in Nepal;
SungKongHoe University
February 2009
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MAINS Thesis, 2009
Sachit Lochan Jha
SungKongHoe University
Supervisor
Professor Dr. CHO Hee-Youn
Examiners
Professor Dr. CHO Hyo-Je
Professor Dr. HUR Song Woo
May 2009
Chapter I
Introduction
1. Research Background
3. Research Aims
4. Research Methodology
Chapter II
Chapter III
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3. Legal status of women in Nepal Before 1990
Chapter IV
of Women
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2.2. Rights on the Inheritance and Succession of the Family Property
Chapter V
1. Conclusion
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ACKNOWLEDGEMENT
I would like to thank Dr. CHO Hee Youn, for contributing much time, enthusiasm, and insight to this
thesis. His advice and words of encouragement throughout the course of the study were invaluable in
making this thesis a possibility. I have benefited much from working under his guidance. Dr. HUR Song
Woo also provided me suggestions and comments with substantial reading materials especial on Global
I would also like to acknowledge all the friends of MAINS 2008, administrative staffs, Professors,
especially DR. JEONG Jin Young and Professor AHMAD Mohiuddin whose encoraugement, trust and
friendship inspired me greatly through the course of my studies. My deepest appreciation goes to the
SongKongHoe University, Hyundai KIA Motors, and 5.18 Memorial Foundation for providing me the
scholarship. With out their support it was not possible to finish my study. Their understanding and
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Chapter I
Introduction
1. Research background
Universally, man and women make society. Biologically man and women are different for the natural
purpose but in action, they are one. Therefore, male and female could not be an alternative to each
other. In individual basis, they are not able for the creation of human being separately it is because they
are integral part of each other by nature. Therefore, creation of human being and continuation of the
society is impossible in the absence of anyone of them. In this sense for the existence and continuation
of society, value of man and women is same or in other words, male and female have equal importance.
However, in reality, they do not have equal status and there is no equal position and participation in
society.
Equality is the most important thing for all human beings to live dignified life in society. It also
contributes a lot for development of the society. It not only encompasses equality in opportunity but
also includes strategies to create opportunities for equal enjoyments of rights. Equality to all is one of
the basic norms adopted to protect human rights, human dignity, and fundamental freedoms. Its
acceptance in democratic society has been instrumental in developing various approaches that lead to
conceptualizing equality in legal systems. However, the concept of equality is still perceived differently
by different people, because of the circumstances and forms that they are exposed to. Therefore,
equality and equal enjoyments of rights are possible only with having equal laws. It can be achieved by
321
MAINS Thesis, 2009
making special provisions for the advancement of special groups who were marginalized in society, like
In Nepal, the population of women and man is almost equal but the situation of women in reality is not
equal. Women in Nepal have been discriminated because of sex for centuries due to their biological as
well as culturally based gender role in society. Whole social norms and values and social institution are
deeply based on Hindu philosophy Males are favored from birth due to their ritual role in Hindu religion,
and economically they can and will provide security for their parents in old age. Females are supposed
to follow their husband, father, or son and by birth, females are considered as a borrowed property,
which the parents should return to their owner, by marriage. These kinds of ideas create situations for
female to have less access to education, employment, income, health care and so on than males. Such
In the modern states, gender equality normally provided by law. Nepal also started to govern the society
by written constitution with the principle of rule of law from 1958. From that day until today, Nepal
experienced and practiced around five constitutions. In 1990 when the country reestablished multiparty
democratic system, the constitution, which not only guaranteed right to equality and non-discrimination
based on sex, has also made provisions that the state can take special measures for the advancement of
women. Therefore, some civil society organizations and international communities have pursued
government to eliminate the discriminative laws against women. In some sense, it was quite successful.
322
MAINS Thesis, 2009
However, due to the patriarchal social norms and values, rigidly following of social system and role as
defined by religion is still acceptable in Nepalese society, which creates discrimination against women.
In addition, unequal opportunities for them to develop their capacities are in existence. Therefore, it still
needs to be studied to identify and understand the status of women and their rights in Nepalese society
In 1950, Nepalese society adopted the democratic system of government by popular movement called
‘movement for democracy’. New type of government system was introduced; social, cultural civil,
political, and economical rights of people were guaranteed by the constitution. According to the law,
everyone was considered as equals to each other and the journey towards modernization and the
development was started. However, the women were left behind in this journey because of traditional
values, which were existed in the society at that time. Later, in 1960, the global women’s movement and
UN development policies influenced the Nepalese government system to think about women’s issues.
Hence, the policies for the betterment of women’s rights were started to be incorporated, and special
attention was given to modify women’s legal status and their rights. Therefore, this study mainly deals
I) The contemporary feminist ideology and gender movement which started in the west,
influenced upon women movement in Nepal. What are the achievements of those
movement in Nepal?
323
MAINS Thesis, 2009
II) How is the legal status of women in Nepalese society before and after 1990?
III) As a member of international community, Nepal has ratified various international covenants
including CEDAW convention, which also emphasizes government to take temporary special
measures to achieve equality for women in all sectors. What are the initiatives taken by the
Nepalese government and legislation to fulfill the obligation for improving the status of
women?
3. Research aims
This study focuses on the legal development in Nepal to understand and analyzed the women’s legal
rights in Nepalese society; I consider existed traditional religious social values and the changes. This will
help us to understand the difficulties for implementation of the women’s rights in practice. Therefore as
a research aim this research has two purposes. First is to figure out the changes in the legal status of
women in Nepalese society, which was started after 1950 .Second is to find out what kind of difficulties
were faced by Nepalese women to make change in their legal status by system and society.
4. Research methodology
In this research doctrinal method shall be applied. Both Primary and secondary sources shall be used as
per required. Information would be collected from books, articles, seminar papers, research reports and
324
MAINS Thesis, 2009
from the international conventions, past and existing constitution of Nepal , and other existing laws as
well. In analyzing the data, comparative and analytical approach will be applied to identify differences
and similarity between women’s legal status and their rights in different periods.
325
MAINS Thesis, 2009
Chapter II
After the world war, as the United Nations was established, from the very beginning of its formation,
women’s advancement and development became a major concerning agenda. Therefore, the
Commission on the Status of Women (CSW) was established in 1946 to create guidelines and
formulated actions to improve the situation of women in the economic, social, cultural, and
educational fields.204During that period, UN’s concern towards women was more protective rather
than status oriented. UN called on governments to abolish discrimination against women, which
In the 1960s, the issues of women's movement in the West were mainly concentrated on their
reproductive rights (abortion, contraception, and parenting), violence against women, sex
discrimination, and freedom from the sexual domination. Therefore, women also started to criticize
204
http://www.un.org/womenwatch/daw/CSW60YRS/CSWbriefhistory.pdf
326
MAINS Thesis, 2009
1.Women as Agents of Development
In 1970, the book ‘Women’s Role in Economic Development’ by Ester Boserup, was published. It was
an extensive research work about the role that women played on economics that was carried out in
various developing countries of Asia, Latin America, and Africa. Her work shows that how women’s
work contributed in national economy and how the women were ignored to be recognized as
development agents. She pointed out and argued that western development theorists assume Third
World women to be housewives rather than development agents. This resulted in Third World
women being marginalized from the development arena. Her insight brought a completely new
perspective on concerns for women within the development arena. Therefore, a body of theory
The WID perspective helps to carried out change in UN’s approach for women from protection-
resulted as the declaration of ‘International Women’s Year’ for 1975 and 1976-1985 as a ‘Decade for
Women.’ The WID approach focuses on the women’s productive role rather than reproductive role.
The main argument for women’s concern was based on the assumption that women were always
marginalized from the development arena. Therefore, the issues about their heavy work burden, low
productivity, and low efficiency were raised. As a result, various policies were formulated to enhance
their productivity and efficiency. Various programmes were lunched to enhance women’s capacity
technological access and development. Later the women movement started to move towards equity
approach.
205
Chandra Bhadra, Gender and Development: Global debate on Nepal’s Development Agenda
(Research Note) 2001.
327
MAINS Thesis, 2009
During the late 1970s, many feminists challenged the term ‘Women in development’ they argued that
the term gave a false meaning, if women were outside of the society, then they need to be integrated.
It should be ‘development for women’ rather than ‘women for development.’ Therefore, the
movement was that time for women and development and the question of that movement was
integration.206
Neo-Marxist and Socialist feminist argued that only providing education, training and health services
will not bring any substancial change. Women were exploited by their unpaid labor which deprived
them from productive resources, therefore, there was a need to change in overall structure. Hence,
they demanded the need for structural adjustment from patriarchal to equitable for both men and
women. As a result, policies were developed with Women and Development advocacy. Importance
was given to equal participation of women in development and various programmes were
developed on focusing women’s access to credit and employment. Therefore, the emphasis was to
not only improve women’s condition but also on changing their position from lower to equal as
man.207
The women’s movement of 1960s, which started in the west, became global and spread widely
through dialogue and debates during 1980s. The movement carried out various world conferences on
women that contributed to women all over the world. The first conference was held in Mexico City in
1975 and the second was in Copenhagen in 1980.In those conferences, dialogue between the women
206
Ibid
207
Ibid
328
MAINS Thesis, 2009
from First World and Third world was not smooth as it could be because the issue of North- South
came out as an argument for debate. Southern women argued that not all women shared an identical
interest. The interest of the women from the First World may be equality, but for women from Third
World it was development and may peace for the women for Second World. Only during the Third
World Conference at Nairobi in 1985 bought the common ground between the women from all
three worlds. The comprising ground was that women’s category varied according to their political
and the economic context therefore women are not homogeneous. 208
The decade of 1976-1985 and the world conferences on women provided sufficient platforms for
everyone to debate and dialogue concerning women’s issue. It became global movement, which
bought gender as a central theoretical thinking arguing that to bring women into the core of
development, the existing gender relation need to be reexamined. Therefore, the gender prespactive in
Discrimination Against Women (CEDAW) was tabled in United Nations in 1981 which was ratified
subsequently by numbers of countries. The advocacy for gender equity and equality took place
gradually. After the identification of common ground for movement in 1980s; the Rio Earth Summit
of 1992 put forward the relationship of women with the environment and their role in sustainable
development. The third world conference, that was held in Vinenne in 1993, recognised women's
right as human rights and led to use of women’s rights framework to reach sustainable development.
In 1994 women’s empowerment and reproductive health as well reproductive rights were placed in
Cairo. Copenhagen Social Summit came as a key to eliminate poverty and improve social
development with gender equality. Later in 1995, The Beijing Conferanec recognised 12 critical areas
208
Ibid
329
MAINS Thesis, 2009
of concern and identified women's human rights, violence against women and women in armed
conflict also as areas of development concern. Issues about girl child became special category of
After that to implement the Beijing Platform for action, “mainstreaming gender concern in all
development endeavors was recognized as the strategic imperative, which got reinforced in the
Beijing +5 Outcome Document. There was a shift in development programmes from ‘women specific
programmes’ to ‘gender responsive/sensitive programmes’. The sensitization and agency of men for
women's concern was also perceived. Affirmative actions and positive discrimination in favor of
women for equity and equality were articulated. With the advent of the democratic movement into
the world politics, the emphasis on promoting women's ‘self determination’ through their political
In early 1950s, the first democratic political system was introduced in Nepal and within that time,
Nepal became a member of United Nations. Nepal started to look forward for economic development
through planned development and the First Five Year Plan was foumulated in 1956. This Plan started
with the aim of modernizing Nepal with giving important emphasis on infrastructure building for
industrial development. Women were considered as beneficeries of development and area of concern
209
Ibid
330
MAINS Thesis, 2009
about women at that time was only their reproductive role. After formulation of first five years
economic development plan in Nepal, under the Ministry of Panchayat, women traning centers was
established and various women centered trainings were conducted. The tranings were especially
related with household sector, such as childcare, family plaining, nutrition, poultry rising, knitting and
sewing etc.210 In 1975 when UN decleared the International Women’s year, Nepal Participated very
actievely and made changes in Muluki Ain (National Common Code) especially those clauses which
concerned women. The Panchayat development committee decided to established Women’s Services
Coordination Committee (WSCC) under Social Service National Coordination Concil(SSNCC) with
the objective of expanding development and welfare activities for women.in 1977.211
In 1979, the research study ‘The status of Women’ Conducted by Center for Economic Development
and Administration (CEDA) at Tribhuwan University with the support of USAID for the first time.
This documentation impelled the development planners and policy makers to recognize the
productive role of women in economic development. The findings and recommendations of the Status
of Women study and national and international advocacy and concerns for women’s issues were
instrumental in creating a separate chapter on WID policy for the first time in the Sixth Five Year
Plan (1980-1985). Subsequently, the Seventh Five Year Plan (1986 – 1990) and the Eighth Five Year
The Sixth Five Year Plan identified that women can contribute to national development if their
efficiency enhanced. Hence, the Sixth Five Year Plan policy emphasized increasing efficiency of
210
Bina pradhan, The Status of Women in Nepal: Institutions Concerning Women in Nepal, CEDA
Kathmandu 1979, p 37.
211
Ibid p.38 and Chandra Bhadra, 2001.
331
MAINS Thesis, 2009
women.212 That may be the reason that the Seventh Five Year Plan was even more emphasized on
active and equal participation of women to increase their efficiency and productivity. It, therefore,
approved the National Plan of Action for Women Development in Nepal, formulated by Women’s
Services Coordination Committee (WSCC) in 1982, and assured women of decision/policy making
power.
The Democratic Movenment of 1990 brought clear change in WID and its concerns.The democratic
political atmosphere started to provide opportunities for Nepalese women to express their own
consciousness. Many The democratic constutition of 1990 tried to provide Nepalese women the
right to equality with men. The ratification of the CEDAW without reservation was the primefacie in
this regard. At the government level, WID Chapter in the Eight Five Year Plan (1992-1997) stressed
on the Mainstreaming Policy. This resulted in the establishment of WID units and other WID
functionaries in various ministries and the National Planning Commission it self. Women Farmers’
Development Division was established at the Ministry of Agriculture in 1992.In 1993, Child and
Women Development Section was established at the National Planning Commission; Women
Education Unit was established at the Ministry of Education; and the WID cell was established at
Water and Energy Commission Secretariat in the Ministry of Water Resources. The National Council
for Women and Child Development was eastablished at the National Planning Commission in 1995.
Along with these changes, Nepal participated in the Fourth World Conference on Women in Beijing,
China in 1995. Marking the occasion, a large group of women from Nepal participated in the NGO
Forum at Huariou City of China, which provided an opportunity to these Nepalese women to build
up networking globally and strengthen women's advocacy within Nepal. The Ministry of Women
212
National Planning Commission documents, 1980
332
MAINS Thesis, 2009
(and Social Welfare) was established in 1995 immediately after Beijing Conference,. Soon after its
establishment, the Ministry declared its policy as ‘Gender Equality and Women's Empowerment’
and became active in programme formulation and implementation, drafting of bills and
sensitization/awareness creation activities that were to lead towards gender equality and women's
empowerment. The drafting of Women's Equality Bill in 1996 and forwarding it to the Ministry of
Law and Justice (which took almost six years to pass through parliament) that the Ministry
performed was one of the major activities in Women Development area. In the same year, the
Ministry organized a ‘National Women's Convention’ participated by more than five hundred
women representing all 75 districts of Nepal. The Ministry also formulated the ‘Gender Equality and
the Empowerment of Women: National Plan of Action (NPA)’ to operationalize the Beijing Platform
of Action in 1996. The Ninth Five-Year Plan (1997-2002) made its commitment to women by
stipulating its working policies as mainstreaming, gender equality, and women's empowerment.
Not for long by then, WID was incorporated as one of the papers in Home Science, Masters' Degree
curriculum at Tribhuvan University in 1990 and the Post-Graduate Diploma in 1996. Similarly, many
NGOs and private (consulting) companies became active in research and training programmes in
gender and development. This way, the academic exercises are also continuing to contribute to
333
MAINS Thesis, 2009
Chapter III
Every society has its own rules, regulations, tradition, and customs and all are different with one another.
Societies develop theses kind of social rules, customs, and tradition to maintain the continuation and
regulate society smoothly according to their beliefs. Gradually, coping with the changing time and
development, societies change those beliefs, norms, and values into their law and legal systems.
Therefore, we can say that the law or the legal system is a kind of mirror of society, which reflects
almost all faces and determines right and duty of the every including member. Thus, before tracing the
legal status of women in Nepalese society, it is better to have an overview on the development of legal
system in Nepal and position of women in the system. This will help us to understand the social norms
and beliefs, which shaped Nepalese law and decided rights and duties of the every member living inside.
Nepal was ruled by various dynasties that followed the Hinduism from the very long time. The rulers
applied the customary rules and traditions according to the religion as laws to govern the country. Those
laws were interpreted and enforced to govern the social matter with the help of a range of holy texts of
334
MAINS Thesis, 2009
Hindu religion, like Vedas, Purans, Narada Smiriti, Yagyvalakye Smiriti, Manu Smiriti and so on. The
Hinduization of Nepal and law according to Hinduism began from the 4th century A.D. when Lichhavi
Dynasty replaced the non-Hindu rulers known as Kirats. During Lichhavi rulers' period, they introduced
the Hindu Verna system and consolidated; the system which categorized the peoples according to their
work into caste system. The hinduization of law gained momentum during the Malla Period.213
The early Malla rule started with an Ari Malla in the 12th century replacing the Lichhavis. In late 14th
century, King Jayasthiti Malla, who was known in the Nepalese history as one of the great reformists;
introduced the code called Manab Nnaya Sastra. (Code of Human Justice) That code was a complete
codification of substantial and procedural rules for the time. The code was a set of numbers of custom
and ethical principals that were followed by Nepalese society from long time based on Hindu religious
philosophy. For example, that code strictly prohibited inter-caste marriage. If a man married women
from higher caste, either he will condemned to death or had his penis cut off and if a man married
women from lower caste neither his family nor his society accepted that man and the children born
from that relation were considered as lower caste.214 Another feature of the code was that it totally
denied the independent existence of women. They were put under the guardianship of father when
they were child, under husband when they were adult and under the son when they were in old age.
This is one example of creating dependency of women, and it always connected her existence with a
man that was the teaching of Hindu religious text called Manu Smiriti.
213
Brief Historical Overview of Legal and Justice system of Nepal in Analysis and Reforms of Criminal
Justice System in Nepal , CeLRRd,1999,Kathmandu , p.13-30
214
Ibid ;p.19
335
MAINS Thesis, 2009
As the society was shaped with divisions and hierarchy, the people from Bramhin and Chettri casts were
considered more superior than other castes. They enjoyed more privileges than any other casts and
were punished less than others for the same offences. However, the position of women was always
lower than a man with whom she was, and generally, her independence was not recognized at all. Her
social status and personality was still connected with her husband. Many of women’s rights were
directly connected with their fertility, for example, woman having a boy child had more privilege over
the property than women having a girl child did. Therefore, women and lower caste people were
thought to be inferior and gradually that feeling of inferiority and subordination changed into
untouchability. Gradually, these so-called upper-classes became ruling elites. They protected their
domination and ruling power with the help of institution of feudalism.215Until that time, the modern
Nepal was divided into many small principalities, only Kathmandu valley was known as Nepal.
In 1769, Prithvi Narayan Shah, a King from Gorkha Principalities, around 100 Km far from Kathmandu
Valley, started to unify the all small feudal kingdoms of that time into one big nation. Therefore the
Modern History of Nepal starts from that very time on the long overall Nepalese history. After the
unification, the king and his successors ruled the country with the continuation of Hindu legal system
that was existed beforehand. Later in 1846, his successors failed to maintain their control over the rule
and other ruling elites known as the Ranas controlled the state powers and ruled Nepal in their names
allowing them a little or no power at all. This oligarchy lasted till second half of 20th century.
Meanwhile, in 1853, the prime minister Jang Bahadur Rana promulgated the first codified law entiled
‘Muluki Ain’(Country code which is also known as a Common law) in Nepal after his visit to Europe.
215
Yubaraj Sangroula and Geeta Pathak; Gender and Laws Nepalese Perspective ; Pairavi
Prakashan ,Kathmandu 2002,p.8-9
336
MAINS Thesis, 2009
Before promulgation of ‘Muluki Ain’ in 1853, the Nepalese legal system was governed by the Hindu
philosophy, which is based on Sruitis, Smritis, Vedasa and Puranas which had been conducted as the
source of law in the administration of law and justice.216 However, Muluki Ain of 1853 was the first
codified law and, was developed at that time with the help of religious priests and learned persons of
Sanskrit. Therefore the nature of that law was neither a secular one nor the free one of the Malla period.
Moreover, it not only looked like the collection of religious rules but also became the law of land for all
the sectors of society. But the most important feature was that it was written in Nepali language not in
Sanskrit language. Therefore that Muluki Ain consolidated all social values which were developed as
social ills in the previous eras. However, as a common law, that country code was continued until 1963.
Therefore to conclude, Nepalese legal system was till then completely shaped according to Hindu
religion and there was not visible difference in women’s position in the society. It was only after 1950-
51; Nepal started to govern itself by a written modern constitution. That is why the modern legal history
In 1950, the autocratic Rana rule was overthrown by a popular movement and then the New Muluki Ain
was formed in 1963. This code was relatively better but daughters were again denied recognition as
sons. The New Muluki Ain still exits in the Nepalese society as a general law. It has been amended many
times. After the women’s year 1975, the sixth amendment on New Muluki Ain in 1976, brought a little
216
Bishal Khanal, Regeneration of Nepalese Law, Brikuti Academic Publication; Kathmandu ,2000,p.11-
12
337
MAINS Thesis, 2009
improvement regarding women’s property rights and some other women’s issues. For example, before
this amendment, under the partition provision even 35 years old unmarried daughters were not entitled
to have an equal share of parental property as their brothers. Likewise, the New Muluki Ain has defined
women’s exclusive property given by parents and in-laws’ relatives as “Daijo and Pewa” respectively.
Provisions of New Mulluki Ain are applicable merely as common law, and as such cannot overrule the
incest and other matrimonial relations because there are very few specific acts relating to the protection
of women. They are not enough to make balance between men and women. In addition, the provisions
of constitutions itself creates difficulties to maintain gender balance. Therefore, in Nepal, state policies
themselves have some confusions about giving equal rights to women in the changing situation. To
understand this, it is better to have a brief look on Nepalese political history and political changes, which
338
MAINS Thesis, 2009
Democratic period 1990-till Constitution, Muluki Ain, other Achievement of
date specific laws completely
democratic form
of government
system.
In 1947, the Rana regime had promulgated a law called” Nepal Sarkar Baidhanik Kanoon 1947. However,
the law was most favorable only to Ranas, there were few good provisions about fundamental rights like
free education and equality before law. But Ranas didn’t practice and follow these norms.
After having democracy, the Interim Constitution was promulgated in 1951 which was committed to the
gender equality and also held directive principles favorable to women and children.
The first constitution of the Kingdom of Nepal was promulgated in 1958. Although, the constitution
guaranteed the equal protection of the citizens, discriminatory provisions continued to exit in the Muluki
Ain. In 1962, that is, two years later the introduction of the partyless Panchayat System, a new
constitution–“Constitution of Nepal” was promulgated. It had also guaranteed the rights to equality for all
citizens irrespective of their sex, race, caste, tribe, or any of them. Again, the New Muluki Ain, like the
previous one, could not bring any significant changes in the position of women.
The popular movement of 1990 restored democracy again; and after the promulgation of “The
Constitution of the Kingdom of Nepal, 1990”, replaced the previous "Constitution of Nepal".
339
MAINS Thesis, 2009
In the beginning there were no changes regarding women’s rights, everything remained same including
the discriminatory provisions of earlier Muluki Ains. But, in 1993 some women activist and NGOs started
to raise their voices for equal rights especially in terms of property rights. That was successful to bring
some positive impacts on women’s rights but still many discriminations remained in the system.
In Nepalese history, generally these kinds of changes and reforms are found as a part of economic
development strategies. This is another factor, which stops the voice of women for long time in Nepal.
Like in other countries, Nepal also started its development with following the planned development. All
the issues related to the social reforms are included in the development plans. Women’s issues and
problems are also tried to address as a part of development issues. Followings are the some examples that
The Sixth Five Year Plan(1980/81- The Seventh Five Year Plan The Eighth Five Year
(1992/93-1996/97)
1984/85) (1985-1989/90)
340
MAINS Thesis, 2009
entrepreneurship training &
3. To involve women in 3. Training on basic health needs Market services will be extended.
population control activities and maternal and child care
so as to increase efficiency programs will be conducted. 5. Policies will be adopted to
of population programs. encourage the appointment of
4. Literacy among women will be women the government, & non-
4. To increase the role of increased in the education sector government sectors and to
women in formal and quotas and special incentives will provide them opportunities for
informal education as also be used to increase female career development.
trainings on health and participation in education and
nutrition education. various training 6. Laws and by laws which
Programs . hinder the development of
5. To provide increased women will be reformed.
employment opportunities to 5. More emphasis will be given 7. Information on gender
educated women so as to to development of cottage discrimination at work will be
make better use of their industries for providing work for monitored and documented.
knowledge and skill. women during the off-
agricultural 8. A suitable organizational
6. To reform laws and seasons. Special provision structure will be formed for
regulations which inhibit will be made for women coordination and monitoring
women’s participation in in the provision of training activities relating to women.
development (HMG, 1981) facilities, credit and other
resources. Marketing facilities
will also be developed.
The above figure also tries to illustrate that the legal status of women started to change after only the
Eighth Five Year Plan. Actually, it was not the question of only law but also the question of overall
development. Countries like Nepal, which was following the path of modernization, have to think about
341
MAINS Thesis, 2009
how to manage the existing social, religious customs, norms, and values with contemporary changes of
development.
Therefore, for the purpose of the study about the legal status of women in Nepal before 1990, I would
like to divide the Modern Nepalese history in three periods, they are as follows.
I will give my focus in the third period because in the history of Nepal during the Rana Period which is
my first period division, there was not much development in terms of modern legal system.
The period of 1950 to 1960 was known as the foundation period of modern legal system in Nepal. In this
period, the political situation of Nepal was very fragile. There was an unseen conflict going on between
the King and the political leaders. At one side, King wanted to rule the country while on the other side,
political leaders wanted to limit the King's rights and establish a modern democratic ruling system.
Therefore, within 10 years, Nepal exercised the three constitutions. That is why I have put these ten
342
MAINS Thesis, 2009
Finally I have put the period of 1960 -90 as the third period, because in 1962, the king controlled the
state powers and gifted the new constitution to the people, which lasted until 1990. Within this time the
state had started to develop and modernize. Therefore, almost all the spheres of the society were in the
process of reform to catch the pace of development, which was seen at that time in global arena. All the
modern concepts from the international community started to influence Nepalese society, the concept
of empowerment of the women was one of those concepts in which Nepal started to think and work in
this period.
The legal status of women was very week at that time. At the beginning of Rana period, Sati system
which forced women to sacrifice their life and burn themselves alive with their dead husbands as a
name of Sahadharmini (follower of husband) was not illegal. As the Prime Minister Jang Bahadur Rana
declared it illegal, due to the opposition of religious priests and the groups at that time, he was forced to
make provision in the legal code that those women who wished to become Sati could do it in the
presence of the chief officer of the court. This is just an example of contradiction between social norms
and the wills to change in the Nepalese society of that time. The legal status of women described in that
country code was not in the favor of women. The chapters related to then Muluki Ain , the partitions,
women’s property, marriage etc. were some of the examples which declared the women as dependent
to men and they did not have their independent legal rights.217 Even in the case of rape, they were
217
Narayan Prashed Panthee, Role of Supreme Court On Gender Justice , LL.M. Dissertation Paper,
2002,p.33
343
MAINS Thesis, 2009
treated otherwise and their status was downfall. All the rights of women were based upon her male
During the Rana period, women did not have voice even in domestic affairs of the family, they were
almost like dummies of the showcase, and their husbands were everything for them. They did not have
rights except obligation therefore; Nepalese women were suppressed and exploited in this period218.
The status and well-being of Nepalese women, in general, had been affected by traditional values that
prevail in society. Most of those traditional values of the past became a kind of barrier to the freedom
In 1947, the Rana prime minister Padma Samsher formed a constitution reform committee to draft first
constitution of Nepal and he invited constitutional experts from India and in 1948 he promulgated the
Government of Nepal Act, 1947 ( was never implemented ) at the first time gave the equal voting rights
for the women . They could elect the members of town and village panchayat. The right to adult
218
B.Thapa, Women and Social Change in Nepal (1951-1960) Pub. Ambika Thapa Kathmandu
1985,P.24
219
Anirudha Gupta, Politics In Nepal; Allied Publisher Private Ltd. 1964,p.30-34
344
MAINS Thesis, 2009
The political change of 1950 changed the legal field also. Nepal opened its door towards the outside
world, and started to have relations with international communities. The totalitarian Rana rules and
regulations were changed and the new democratic legal provisions were founded. The Personal Liberties
Act 1950 and the Interim Government Act of Nepal-1951 were the main achievements in this regard. To
draft the Interim Government of Nepal Act of 1951, Indian experts were invited so the western influence
regarding the civil liberties can be seen in that Act, in terms of gender issue, it incorporated some sort of
western concept.220 That constitution lasted until 1959. In 1959, King Mahendra proclaimed the new
constitution replacing the Interim Government of Nepal Act. The first legislature elected in Nepalese
history was only after introducing this constitution by adult franchise. B.P. Koirala became the first
democratically elected prime minister of Nepal. Various kind of legal reforms were done, many acts
concerning with the citizens' everyday life were introduced. However, because of the political turmoil
between King and the political leaders for achieving political power, women’s issues remained in
shadow. Therefore, although many positive acts and laws were introduced but in case of women, the
Muluki Ain of 1853 still stood as a barrier to enjoy the new provisions. That is why the status of women
within that time was still not much different than the past days.
Suddenly, in 1960 the king dismissed the B.P. Koirala’s government, enacted emergency rule and
suspended the constitution of 1959. The king took the complete sovereign powers of the state and
proclaimed the new constitution entitled "Constitution of Nepal" 1963. This constitution introduced the
220
Ibid
345
MAINS Thesis, 2009
party less system with unicameral legislature. This constitution incorporated the following fundamental
b) No discrimination shall be done against any citizen in the application of general laws on the
c) There shall be no discrimination against any citizen in respect or any other public services only
After promulgating the Constitution of Nepal, 1963, the Muluki Ain of 1853 was also completely revised
and replaced with ‘New Muluki Ain’ with the initiation of the king Mahendra in 1963. The Constitution
of Nepal lasted until 1990 and the New Muluki Ain of 1963 is still in practice with 12th amendments. The
sixth amendment of the New Muluki Ain was the first initiation taken by the state to upgrade the status
Within this time, many changes occurred in Nepalese legal system. Although the ruling system of Nepal
was absolute monarchy, many legal provisions and the laws were drafted based on the western
concepts making it appropriate in Nepalese society. However, the constitution became fundamental law
of land, it accepted some traditional rules and costumes also but regarding the legal rights of women,
221
Art. 10 of The constitution of Nepal 1963
346
MAINS Thesis, 2009
this constitution looked much progressive and in some sense, it accepted the concept of equality
Looking at the rights to equality, provided on article 10 of the Constitution of Nepal 1963, according to
the clause 2 of that article “No discrimination shall be done against any citizen in the application of
general laws on the ground of religion, race, sex, caste, tribe, or any of them”222 and again in the clause
3 “there shall be no discrimination against any citizen in respect or any other public services only on the
grounds of religion, race, sex, caste, tribe, or any of them”223. It means that if we look both of these
clauses at the same time, it looks they open the space for women in public as well as private arena
equally as men. It looks there were no discrimination for doing public service and in terms of wages men
and women can get equal wages for same work and opportunities to get jobs in public service.
The constitution also gave the voting rights to the women after the age of 21 that was similar as men
and right to be a candidate in election. This is another change in women’s right in political arena. In the
same time, constitution made the provision for improvement of women, categorized them under the
privileged category, and made clear that state will form the Nepal Women Organization for greater
participation of women.224 This is also a positive discrimination in favor of gender to maintain equality.
Following the International year for Women, various laws were amended and initiation was taken to
increase the participation of women in political units to make at least one woman’s participation in all
village and district level assembly. That was a remarkable influence of global women’s movement in
222
Art 10 Clause 2 of The constitution of Nepal 1963
223
Art 10 Clause 3 of The constitution of Nepal 1963
224
Article 67, clause 1 of The Constitution of Nepal 1963.
347
MAINS Thesis, 2009
Nepalese society and in political system as well as in law, which can be seen in the article 30, 31, 32 of
the constitution.225
However, the constitution was only able to provide fundamental rights to women but it was still not
able to provide legal equality. If we look deeply in the meaning of those words of right to equality, it is
only for the purpose of implementing the general law which was especially the provisions of New Muluki
Ain which has lots of discriminative provisions in terms of sanction for various criminal offences. For
example, according to the old Muliki Ain, there was less punishment for the crime committed by women
because women were considered as weak personalities. However, the provision of right to equality
strictly prohibited this kind of unequal treatment and about the laws which were discriminatory
themselves the provisions of right to equality was quiet. Not all the laws in Nepalese society were based
on the concept of equality. Similarly, another provision, ‘right to religion’, which was granted in article
14 of the Constitution of Nepal, made possibilities for contradiction between right to equality and
According to the article, “Every person may profess his own religion as handed down from ancient time
and may practice it having regard to the tradition”.226And in Hindu religion, there are lots of traditional
values and norms, which are not in favor of women and they stop or prohibit women's freedom in the
society. Therefore, the right to one’s own religion of this constitution, in one hand, is able to protect the
people’s religious right, and in other hand, unwillingly it limited the women’s legal right, because it gave
225
Lynn Bennet with assistance of Shilu Singh, Nepali Swasnimanish haru koKkanooni Sthiti ma
Parampara Ra Paribartan 1979,Vol.1Part.2,p.4
226
Art 14 of The constitution of Nepal 1963
348
MAINS Thesis, 2009
chances to claim that, women don’t have rights in some social sector because religion and tradition
doesn’t allow them to participate or enjoy in such sector of society even though those kinds of activities
were strictly mentioned illegal in the constitution. However, we cannot deny that this constitution was
comparatively able to protect and upgrade the legal rights of women than any previous laws and
systems but here we can see the problems for promoting the absolute legal equality between men and
women.
The major laws, which directly affect the women’s life and opportunities, are specially related with the
property law, marriage and divorce, partition rights, inheritance rights etc. Actually, these kinds of laws
are related with the access over resources. In general, these laws are a part of family laws in Nepal.
These kinds of laws vary depending the places and religions.227 The New Muluki Ain, which came to
existence in 1963 replacing the Muluki Ain of 1853, governs the above laws in Nepalese society. In this
Muluki Ain, remarkable changes are made to enhance the status of women after the International
227
Lynn Bennet with assistance of Shilu Singh, Nepali Swasnimanish haru koKkanooni Sthiti ma
Parampara Ra Paribartan 1979,Vol.1Part.2,p.14
349
MAINS Thesis, 2009
Women’s rights on the personal property were formulated in the Chapter 14 of the New Muluki Ain.
These provisions are very near to the traditional concept of the women’s property rights in Nepalese
society. According to these provisions women have absolute control over her personal property and can
use as her wish and handover to anyone whom she wants without any restriction. If she died without
making any will paper about her property, then the inheritance right about that property shall go first to
her son, then to her husband, then to her unmarried daughter, then to married daughter, then to son’s
son and finally to any successor of her husband’s family. 228 The real properties of women in which law
gave her control are called ‘Daijo’, the gifts given by her relatives on marriage and ‘Pewa’, gifts given by
However, these provisions were, quite near to traditional system but there were two remarkable
changes. First, the definition of ‘Daijo and Pewa’ could cover not only moveable properties but
immoveable properties too. Second, the inheritance role, in which it goes to her husband’s family side
rather than her natal family side.230 Another important improvement was that by this legal provision
It was the first time that women in Nepal were given some support from laws to get property rights but
228
Unit 3, Chapter 14 Clause 5, New Muluki Ain ,1963 by sixth amendment.
229
Unit 3,Chapter 14 Clause 4 ,New Muluki Ain ,1963
230
Lynn Bennet with assistance of Shilu Singh, Nepali Swasnimanish haru koKkanooni Sthiti ma
Parampara Ra Paribartan 1979,Vol.1Part.2,p.22
231
Unit 3,Chapter 14 Clause 4 and 5 ,New Muluki Ain ,1963 by sixth amendment
350
MAINS Thesis, 2009
Although the Women’s property section of Muluki Ain gave, the rights to women over their real
property, there were many other laws, which created problems in implementation, and finally stop
them to enjoy their own property. For example, whenever a woman wanted to use or handover her real
property, the provision of Evidence Act of Nepal 1974 demands her to show the proof that either those
property come under the definition of Women’s Property Chapter of Muluki Ain or not. If yes, then she
had to prove how and when she got that property, otherwise law and court will assume those kind of
properties also as commonly shared property of the family.232 Moreover, to prove their own real
property was always not easy for women because of various reasons. This provision not only created
barrier to enjoy the property right but also looted a big part of her property from her in case she failed
to prove those properties as her real properties. A husband and all the members of the husband’s family
could claim their part from her property but as a wife, she could get only from her husband’s share from
the total common property of the family. Here we can see that in one hand, one law guaranteed the
women’s property right and at the same time, another made obstacle to enjoy it but anyhow there was
a provision, if everything was favourable, there was a possibility to enjoy the right to property. It was
itself a big change in the Nepalese society at that time although not enough yet..
The modern Nepalese law made even more strong binding provisions for women to have an access on
the rights to inherit the property from her family and for succession rights, than traditional system.
According to the partition section of the New Muluki Ain, daughters could claim her part of property as
232
Cluase 6.a. Nepalese Evidence Act 1974
351
MAINS Thesis, 2009
equal to her brothers from her parents if she was unmarried till the age of 35 and even then she had to
return the rest property if she got married after 35 years old.233
The provisions of New Muluki Ain recognized women as a successor of her husband’s property,
therefore; if the father in law, mother in law including husband or husband alone denied her to provide
food and other necessary arrangements, at any time she could claim her part of property from her
husband.234 In normal situation, women could claim for partition from her husband if she reached at the
This section of the Muluki Ain, which provided inheritance and succession rights from the family
property, was silent about the girl child in the family. Women can enjoy these rights if she was married
but girl child should wait for until 35 of her age to get the property right and the law was also quiet
about how why of the care and making other necessary arrangements of the girl child before her
marriage. Therefore, it means the girl’s situation is worse than women’s are, because the law had
recognized son as a successor of the parental property by birth, and it was also clear that the father
should take care about his sons according to his property status otherwise sons could claim, but for the
daughters the law was silent. Only, because she was not entitled to get property rights by birth like her
brothers, this provision deprived daughters to get inheritance of their parental property. Looking at the
composition of these laws, the laws do not recognized women as the head of a family, and even if she
wanted to do transition of her property she should get consent either from her husband or from the son
233
Unit3,Chapter 13 Clause 16, ,New Muluki Ain ,1963 by sixth amendment
234
Unit 3,Chapter 13 Clause 10, ,New Muluki Ain ,1963 by sixth amendment
235
Unit 3,Chapter 13 Clause 10, chapter 12Clause 4 ,New Muluki Ain ,1963
352
MAINS Thesis, 2009
if husband was no more. 236These kinds of provisions stopped women to have a right to make a decision
in the private sphere too. No where, the law agreed that the women could take her decisions alone
about her property and others also without consent of father, husband or son. It means, although there
were rights but she could not enjoy them at her wish.
These women’s rights on property described above are comparatively better and progressive than
traditional Hindu legal system that was practiced strictly in the Nepalese society until 1950s. However,
after applying the modern system of law and order in the society, the new laws that were developed
within the influence of development of contemporary world, were also not gender friendly. It is because,
the continuation of traditional strong Hindu patriarchal social norms were still not uprooted in the
The Hindu legal system that was based on religion, perceived women in one hand as an inferior and in
other hand a dangerous being, thus, the man should have control over women and should provide
security to her. According to the Manu, one of the pillars of Hindu legal system who wrote the
Manusmriti, established the theory that ‘women should be protected by father in their childhood, by
husbands in young age, and by sons in their old age, they cannot be able to be independent.’ But on the
contrary he himself profounded another idea which conveys that, ‘the place, where the women are
worshiped, gods like to stay there’. So the attitude towards women in this concept is very complex in
Hindu society. It was connected with the concept of pure and polluted, holy and sin. Above two sayings
236
Unit 3,Chapter 14 Clause 2,3 ,New Muluki Ain ,1963
353
MAINS Thesis, 2009
of Manu are conflicting with each order. In the first one, the status of women was very poor and weak
while in second, very good. It was to maintain the social institution called kinship and to maintain the
patriarchal heredity.
Among the Nepalese in Hindu Bramhans' and Chatries' society, women’s social and ritual status is
double facet. The status of daughters and sisters considered as pure and holy, and deserve to be
worshipped, whereas the wives and daughter in laws and their positions are just opposite. Once the girl
is married, she has to behave in her husband’s house as they want. And from there every step of her
everyday life is started to be controlled. The girls lose the freedom of life that they had lived in their
natal family. Their situation in the family starts to change only after bearing a child, especially a son. The
natal family where the women have blood relation, their status is high and in their socially achieved
In Hinduism, status of a wife and a daughter in law is low because of the concept of Hindu family system,
which follows only father’s lineage rather than mothers' and all these situations are connected with
rituals, traditions, and customs which determines the process, and inheritance rights of property. If the
system allows daughters to do such rituals then that property will go to the daughter who will marry one
day with another man who doesn't or may not have any blood relation with the girl’s family. Therefore, I
think to maintain the securities of the property in the same family, these kinds of concepts might have
been developed. That's why lineage became very important in Hindu society as the heirship of parental
237
Lynn Bennett, Dangerous Wives and Sacred Sisters: Social and Symbolic Roles of High-Caste
Women in Nepal; Columbian University Press,1983
354
MAINS Thesis, 2009
property is related with that. That is why, even during the development of new legal system and laws,
Marriage is considered as a sacred ritual ceremony rather than a contract in Hindu law. During the
marriage ceremony, man and woman both have to promise that they will be together in every kind of
problems and happiness in the life. Man has to give word to woman that he will be taking the
responsibility of the woman’s security, needs and happiness whereas the woman vows that she will
follow her husband and his decisions without any question in her entire life. There is a belief that the
relation of husband and wife will last for seven births. Therefore, Hinduism does not allow divorce, while
the practice of polygamy was much promoted. That is why, again the concept of purity tries to control
the women’s sexual, and reproductive behavior which denies their remarriage therefore after marriage
if her husband dies, even then she must live whole life as a widow or she should be burnt alive with her
In this way Hindu society has made women to be dependent upon her husband to get her own identity,
relations, rights, and respects, not from her own natal family. To control the sexuality of women, religion
defined various types of marriage and status of those marriages, which not only affect the women’s self-
355
MAINS Thesis, 2009
However, the New Muluki Ain denied lots of those kinds of unequal and dependent status of women
and made some progress. According to the New Muluki Ain women now have rights to choose her mate
herself after the age of 18. This was a very new thing in the society at that time238. The law gave some
spaces to women for divorce if they have problems with their husband according to the said legal
grounds in same law.239 As a wife, they can get their part of property from their husband even after
divorce.240 If, at the time of marriage she was not the age of 16 she can deny the relationship with her
husband and that marriage can be voidable, arranged marriages too, now, have to be based on both the
Child marriage was banned, polygamy became illegal and all kind of marriages got the equal rights and
equal status in the society regardless cast of women242 this was the major change, which was opposite
and not acceptable to religion. The inter-cast marriages were made valid, and it also made the provision
for court marriages as equal to Hindu religious ritual marriages. But still because of the social acceptance,
inter - caste marriages were very rear at that time. Young people who loved each other and got married
in their traditional way rather than legal registration, usually tried to hide their relationship because of
social exclusion and so far this kind of behavior unfolded so often. In this case, if the marriage was not
open and recognized before the death of the husband, the wife was not entitled to get her property
rights even though it was proved after her husband’s death. Moreover, her children were deprived from
getting even a surname from their father’s family that creates more vulnerability to women but the law
238
Unit 4,Chapter 17 ,New Muluki Ain ,1963
239
Ibid
240
Ibid
241
Ibid, by sixth amendment
242
Ibid
356
MAINS Thesis, 2009
was silent there to protect and treat them as equal as man. Hence, we can say that the status of women
in this regard increased a lot than earlier but still there was a need to improve and make women very
So the law validitated all kinds of marriage in the society as tradition, customs of the people and
community, but still the question of women’s virginity and sexual purity was heavily affected because of
the Hindu religious influences in the society, and the law related these sectors were very rigid and did
not favor women as men. The Hindu traditional philosophy does not allow women to have a sexual
relationship with more than one person. If someone did, it is considered as a sin and illegal that is just
because of the understandings about pure heredity. Moreover, even between the husband and wife,
women cannot deny to have sex when she does not want. If she denied, the legal provisions indirectly
allow husbands for second marriage. Similarly, the law did not think about the rape of a sex worker
women at that time and made the provision of mere simple fines for the man who raped them. It means,
the law did not think sex worker women as same as other women in society Polyandry was accepted as
tradition even it was declared illegal by law, we can see some indirect support towards it by law through
If a man raped a woman, the legal punishment was only 3-6 years of prison and he should give half of his
property to the woman who was raped. Here, this kind of provision was made because if a woman was
357
MAINS Thesis, 2009
raped no one will marry her and she had to face lots of shame and trouble from the very society.
Regardless giving sympathy, even from her family, they would start to blame the same woman saying
that she was raped because of her behavior and her appearance which inspired the man to rape her or
something like that. Therefore, if something like that happened in spite of the claim for remedy, society
would try to marry her with that very man who committed rape. It wouldn't matter if that man was
already married or not. And, if she got married to him then there will be no charges for the man by law.
Moreover, after that there would be not much difference in his social status in the society but for the
woman if she denied to marry, she should face many problems and no one would be ready to take care
of her including her natal family. So usually, the women got married in many cases. That was itself a
Another part of Nepalese law regarding woman’s body rights, was the abortion rights .In Hindu
philosophy, women cannot decide about to have a baby or not, she should follow her husband's wish.
Even in the contemporary law in Nepal, women do not have any control over her reproduction power.
And, if they wanted to have abortion, there were no such provisions. Abortion was strictly defined in law
as a crime.
In the contemporary legal system, laws related to women’s status are heavily affected by traditional
Hindu legal system. It is also true that the influence of modern legal system was also not less. If we look
at the above discussions, it looks like Nepalese society was running between the two philosophical
concepts, which are conflicting each other. Moreover, the modern changes, which are taking place at
that time in the Nepalese society, were trying to manage their modern liberal social norms and value in
the society with out destroying the existing social values towards the women’s legal status.
358
MAINS Thesis, 2009
The declaration of United Nation International women’s year 1975, which was the result of global
women’s movement at that time, brought many changes in Nepalese women’s legal status. For example,
daughters could claim the property from her parents if she was unmarried until the age of 35. The
change was made that half of the property she can use without anyone’s consent. Right to divorce
became more flexible, minimum age of marriage increased to the age of 16. Those new provisions at
that time emerged in the society as the means of social changes. However, all these changes were
brought by the political elites of the time according to their own rationales and they do not represent
the voice of women from the grassroots of Nepalese society. Nonetheless, gradually women’s status
was getting better comparatively the earlier times but still lots of changes had to be done to get them
the same status as men. The obstacle for that was the situation of the country where still more women
were poor, uneducated, and dependent. This resulted in the situation that always forced them
backward and did not give space to speak out by them. Therefore, not much initiation and no serious
movements were taken from women by themselves to get their rights during this span of time.
359
MAINS Thesis, 2009
Chapter IV
Background
As we saw in the previous chapter, there were some initiations taken by the government to improve
women’s legal status. But that was not enough. Although government and political elites made
commitments in the international level for promoting women, still it was not taking place in the grass
root levels. Their activities were not addressing the real women in Nepal and on the other hand
women’s economic dependency was becoming a barrier for their personal development and their
independent existence. Moreover, the major cause of all those dependency was the conditional
property rights of women and the social structure, which gave women some dignity only after marriage
because without property it was difficult to have independent existence especially when someone
doesn’t have any particular living skills or education. Therefore the inherit property rights became main
After the restoration of multiparty democracy by popular movement in 1990, the new constitution was
promulgated with the provision of multiparty democracy. Absolute monarchy changed into
constitutional monarch and it guaranteed people’s fundamental rights. This change means so many
things for so many people. Everyone’s desire was high, mostly of those who were always marginalized in
the past. Among them, women were the category who were always dominated and marginalized in each
and every sector and social institutions as well. Therefore after 1990 many NGOs emerged and many of
them especially started to work for awareness rising for women and carried out various women
360
MAINS Thesis, 2009
centered programmes and activities actively. To address the women’s issue, government ratified the UN
Convention on the Elimination of all forms of Discrimination Against Women (CEDAW-1979) in 1991.
The constitution also gave the space for women activist to raise their voice, so, the women’s movement
which was always included in any political movement in Nepal, started to come out separately and
visibly. Many lawyers, activists, and general people started to support women’s issues gradually.
In 1995, Nepal participated in the Fourth World Conference on Women in Beijing. “Marking the occasion,
a large group of women from Nepal participated in the NGO Forum at Huariou City of China. It provided
an opportunity to Nepalese women to build up networking globally and strengthen women's advocacy
within Nepal. Immediately after Beijing Conference, the Ministry of Women (and Social Welfare) was
established in 1995. Soon after its establishment, the Ministry declared its policy as "Gender Equality
and Women's Empowerment" and became active in programme formulation and implementation,
drafting of bills and sensitization/awareness creation activities that were to lead towards gender
equality and women's empowerment.”243 But before establishment of Ministry of Women, there was a
remarkable initiation taken by some women activist to get equal property rights as men which can be
243
Chandra Bhadra, Gender and Development: Global debate on Nepal’s Development Agenda
(Research Note) 2001
361
MAINS Thesis, 2009
1. Women’s Movement for Property Rights in Nepal After 1990
Until 1990 Nepal was running under strong feudalistic social values and norms.
There was no clear provision for women’s property right before 1975.On the
( Country Code) was amended and a cluse on women’s property and inharitence
rights added. After that amendement Nepali women’s property and inhairetence
rights became dependent on their maitral or sexual status. The clause states that if
she gets marriage after having property that should be returned back to the
The legal status of women continued as it is but in 1990, people of Nepal restored
monarch came under the constitution. New constitution was introduced with a
244
Unit 3,Chapter 13 Clause 10
362
MAINS Thesis, 2009
sex. Moreover, in 1991, the government ratified the UN Convention on the
This step of government paves the way and energy for women rights activists to
advocate for women’s rights. Gradually they lead the nation's Women's Movement
demanding that all inequalities in Nepali law must be eliminated and focused
attention on the equal rights of women to inherit property. Major political parities
also included this demand in their respective election manifestos. However, after
the general election in 1991, the opposition party in the parliament has raised the
issue of women rights repeatedly but the government has neither considered it
seriously, nor taken any initiation to amend discriminatory laws.245 The situation
remain same and voices of women activists were unheard, finally in 1993 the
case was filed in the Supreme court(SC) of Nepal with the demand to amend the
Muluki Ain to give women equal rights over property by two women lawyers. The
Supreme Court recognised that there could not be discrimination between men
and women on the subject of their rights and exercise of those rights, but
unfortunately, decision of court was not much progressive as many people hoped.
The SC did not speak out clearly about the clauses of Nepali laws, which were
challenged, and were inconsistent with the constitution. The court passed its
245
Binda Pandey, Women's Property Rights Movement in Nepal, Workers News 32, March 2002
363
MAINS Thesis, 2009
parliament that would guarantee women’s rights over property. This judgement still
“Taking in to consideration the social conditions of men and women, Nepalese law
has adopted only some different processes of partition share. Rather than
depriving the daughter of the right to a share or discriminating against her, the
right of a daughter to get a partition share has been managed in only a slightly
different manner to that of a son, by taking into account her social status. For
daughter should attain the age of 35 years in order to get partition share, while
even a married daughter should attain the age at least 35 years or complete 15
share, a son gets partition share at his birth, but a daughter should fulfil some
terms and condition to get the same which cannot be disregarded. Before
246
The term ‘Aungsa’ and ‘Banda’ mean ‘share’ and ‘division’ respectively. Aungsabanda is a law that
governs the partition of ancestral property among legitimate heirs in Nepalese society. Legally the
term Angsabanda means a right to obtain a share of the ancestral property. Hence, Aunsabanda
means a right which applies to partition of the ancestral property held by parents. The property that
364
MAINS Thesis, 2009
declaring the clause 1 of the law on Aungsabanda unconstitutional and making
provision for the same entitlement of a daughter to partition share as that of a son,
the negative aspects of this change or its implication on society should also be
taken into account. Such changes would result in a great impact on the structure
of a patriarchal society like ours, handed down from ancient times. A daughter
would not be compelled to get married and go to her husband’s house after
daughter to get partition share like a son would entitle a married daughter to
partition share from the properties of both her father and husband. Whereas, a son
could be entitled to get partition share only from the property of his father. This will
give a married daughter a greater right to partition share than a son, which will
discriminate against men. This will affect laws of the country made in regard to
property rights.”247
Following the directive judgement of SC, The Ministry of women and social welfare
drafted an amendment bill to the Muluki Ain (11th Amendment Bill) and was tabled
for discussion in the House of Representatives in 1997 which was popularly known
as the ‘women’s property right bill’. The House of Representatives (lower house)
247
Yubraj Sangroula and Geeta Pathak, Gender And Laws Nepalese Perspective; Pairavi Prakashan
2002,p.68
365
MAINS Thesis, 2009
delivered the bill to the foreign and human rights committee later it was diverted to
the Law and Justice Committee of the house. Even the bill was tabled in the
parliament in 1997 but not debated for a long time due to the changes into
government, dissolution of the parliament and the other. During this period,
changes to the original bill. Finally, in October 2001 the ruling party passed the Bill
with a majority vote in the Lower House of Parliament. It was then before the
National Assembly (Upper House). The Upper House rejected the bill and sent
back to the Lower House to do review. Here, the ruling party at that time who had
the majority in the lower house was pressing for the bill to be adopted while the
oppositions who had majority in upper house with the support of almost all women
organizations, was pressing hard to guarantee inherited property rights for women
This situation brought a risk that the bill would not be passed again for several years and will go through
another round of discussion. Ultimately, in 2002 march 14 th the bill was finally passed in the parliament
and sent to the king for approval and from September 27 th 2002 the bill came to effect as 11 th
amendment of Muluki Ain. Therefore, in the history of Nepalese women’s movement this achievement
means a lot in terms gender equality and the improvement of legal status of women.
366
MAINS Thesis, 2009
2. Achievement of 11th Amendment of Muluki Ain and Current Legal Status
of Women
Today Nepalese women can enjoy much more rights than ever before. The
situation is made possible only because of the long efforts of the Nepalese women
sectors but still not enough. They have to go long way towards gender equality.
Before 11th amendment the right to property of nepalese was not clear and
law of parential property only father, mother and sons are considered as the heirs
of the property and a daughter who was unmarried until 35 years old age only
qualify for geating parential property righs like a son. But the new law gave equal
rights to daughters. Therfore, now they can enjoy partition share rights on parential
property by birth like sons. The new law establishes a wife’s right on her
husband’s property immediately after marriage. Earlier she has to wait for at least
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MAINS Thesis, 2009
15 years after marriaage and should be above 35 years old by age. This new
changes gave widow’s to claim their share of property from the joint family
immideately after her husbands death if she wants and can use that property even
she gets married again. These are the remarkable changes on the womens
property rights.
The law of inheritance and succession of the girls’ parents’ property was not in favor of girls before the
11th amendment of the country code. After that amendment, comparatively as before, girls can inherit
the parent’s property, but still the law is much confusing and the activists and women organizations also
are not taking much interest in this issue anymore. The following chart is helpful to understand the
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*
A B
C D
*= Person who died.
A= Husband E
B= Wife
C= Son F G
D= Widow Daughter in Law
H
E= Unmarried Daughter
(Grand Daughter) K
Above chart is based on the Nepalese Inheritance Law. According to the chart if the wife died, her
property will go to the husband, similarly, if the husband died then the property will go to the wife first.
If there is no one like that then only it goes to son, then to the widow daughter in law, if she is also
absent then it will go to unmarried daughter, then to the son’s son, then son’s unmarried daughter. If
she is also absent then the property of dead person will goes to his/her married daughter, then
daughter’s son and then daughter’s unmarried daughter and at last if there is no one to inherit it will
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Before this amendment, at any cost daughters were denied to inherit the property if there is someone
from the dead person’s patriarchal lineage. This amendment insures the daughters as heirs after son
and widow daughter in law but not all daughters only those who are unmarried. Moreover, for married
daughters this law made their position of inheritance only after if there is no unmarried daughter or
son’s son or son’s unmarried daughter. Considering the law before amendment, the new law cutoff the
married daughters right because according to the previous law if the sequence reached to the daughters
the unmarried daughter can get 2/3 of the father’s property and married daughter can get 1/3 ,but now,
if unmarried got the property then married daughters are far away from that father’s property.
Therefore, in my opinion the people and organizations in Nepal who claim themselves as the leader of
women’s right who struggled for equal property right for women as men forgot to maintain equality
among women. Until today no single women’s organization or any so- called women lawyer activist did
not raise any voice to create equality among women. Therefore, it looks they are lobbing only to get
equal rights as men, it doesn’t matter for them if women creates inequality among women.
There are also several changes done for the women’s rights of marriage and family relation. In terms of
marriage age before it, there is with the guardian’s permission the girl can marry when she is 16 years
old and boy at 18 years. And if the boy and girl want to get married themselves, then the girl should be
18 years old and boy must be 21 years old otherwise that marriages cannot be legal. So, the law
encouraged parents to marry their girl child at 16 which is not good for girl’s physical, mental
development. Now according to the new law if a girl and a boy to get married with the permission of
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guardians then both of them must be at least 18 years old and without permission both must be 20
years old. Similarly, earlier there was very small sanction for child marriage but now the sanction is
increased.
Women could not claim for divorce even her husband had sexual relations with other women but
husband could claim for divorce if his wife had sexual relation with other man. But now both can claim if
that happened. If a woman proved to be impotent the husband can now get divorce but it has to be
proved through a registered medical practitioner. The sanction for polyandry is multiplied ten fold.
Women can now adopt any child as a man can even if they are single.
According to previous Nepalese law related to abortion, it was strictly prohibited even the mothers’ life
was endangered unless a fetus was aborted. There are so many examples of women who were
imprisoned because of doing abortion knowing and unknowingly. The drastic change in this regard
carried out by the new law through 11 th amendment. The amendment legalized abortion with some
conditions. The law gave rights to the women to do abortion only with her decision within the 12 weeks
of pregnancy. Moreover, if the birth of child will endanger mother’s life or if women became pregnant
by rape or incestuous sexual relation then abortion is legal within 18 weeks of pregnancy. That was very
remarkable change in women’s body right in Nepal. It became an inspirational achievement for all South
Asian women because Nepal is the first South Asian country to legalize abortion this way.
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2.5. Sexual Offence against Women
Rape is one of the major issues that have been raised by the women's movement in Nepal. In this regard,
the amendments to the civil code make the law stronger and increase the punishment for rapists.
According to the new provisions, a rapist can be imprisoned for 10-15 years, if their victim is below 10
years of age; 7-10 years of imprisonment, if their victim is between 10 and 16 years of age; and 5 - 7
In each category, an additional five years of prison can be given if the victim is a pregnant or disabled
woman. Before there was no system for hearing the rape case in closed trail but now considering the
women’s future and honor in the society .The new law made the system of hearing in the close trail for
rape cases.
After achieving the democratic type of government system in Nepal in 1990 through the popular
movement is known as ‘Movement for Restoration of Democracy’ even until today. The various political
parities emerged as multi party system. New constitution was introduced but the drafting of the
constitution and the parties who were involved to draft that looked they are going to make contract
rather than going to establish the achievement of movement. Therefore, some small progressive
political parties opposed that initiation of big political parities that had majority in the parliament at that
time. Those voices of small political parties remain unheard; finally, the constitution was introduced as a
Later the progressive parties raised questions on constitution regarding various issues including the
issue of army and the king’s prerogatives in the parliament. At that time too they were unheard. So
finally they launched armed war in 1996, that is now known everywhere as Maoist’s movement. The
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conflict ended after 10 years in 2006 with the help of another popular movement known as ‘Peoples
Movement part 2’ with signing the peace treaty between the Maoist insurgents and the political parties.
This change and peace paved way for drafting new constitution through the constitutional assembly in
which every member are elected by the people. Therefore, today in Nepal, the constitution of 1990 is
suspended after peace treaty and the interim constitution is proclaimed by the parliament in 2006. After
having the election for Constitutional Assembly (CA), the first meeting of CA abolished the monarchy
system and declared Nepal as a Federal Democratic Republic and a secular country in May 28, 2008. The
As we understood from previous chapters that after 1990s people’s empowerment and awareness
gradually increased. Women have started to think about their rights and raised the voices for that. With
the help of various women activist and women centered organizations, finally Nepalese women
movement was successful to get property right. But it was not enough and the same time ten year long
internal conflict also contributed to raise awareness among women from rural areas where the
existence of government is almost nil. This situation in a sense, did not allow the lawmakers to avoid
increasing voice of women. Therefore, the current Interim Constitution of Nepal 2006 is able to make
fundamental differences and is appreciated from various perspectives, especially for its concern on
women’s issue. From the following chart, we can understand the status of women in current
constitution.
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S. Section Provisions Provisions Remarks/ Principles
adopted in Interim
N. Constitution
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Social Security defined concept of
Art. 19. Right to property inclusive democracy. New
Art. 20 Right to women: (1) No one shall be structures such as a
discriminated in any form merely for being a women. Public Service
(2) Every woman shall have the right to reproductive Commission, Election
health and other reproductive matters. commission and a
(3) No physical, mental or any other form of violence National Human Rights
shall be inflicted to any woman, and such an act shall be Commission.
punishable by law.
(4) Sons and daughters have equal rights to their
ancestral property.
Art. 21. Right to Social Justice: (1) Women, Dalit,
indigenous tribes, Madheshi community, oppressed
groups, the poor and laborers, who are economically,
socially or educationally backward, shall have the right
to participate in the state mechanism on the
basis of proportional inclusive principles.
Art, (22): Right to Child, Art. 23 Right to Religion, Art. 24
Rights to justice, Art. (25) Rights against Preventive
Detention, Art. (26) Right against Torture, Art. (27)
Right to Information, Art. (28) Right to Privacy, Art. (29)
Right against exploitation, Art. (30) Right Regarding
Labour, Art. (31) Right against exile, Art. 32 Right to
Constitutional Remedy.
3. Part 7: Art. (63) Formation of the Constituent Assembly: (4), The 33% reservation here
Constitutio
The principle of inclusiveness shall be taken into is contradictory with the
n
al consideration while selecting the candidates by the concept of Proportional
political parties pursuant to sub-clause (a) of Clause representation.
Assembly
(3) above, the political parties shall have to ensure The term inclusion has
preoperational representation of women, Dalit, been used at least in
oppressed tribes/indigenous tribes, backwards, Madhesi seven places in the
and other groups, in accordance with and as provided Interim Constitution;
for in the law. Notwithstanding anything contained in however, there is no
this clause, in the case of women there
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should be at least one third of total representation common understanding.
obtained by adding the number of candidature pursuant It is full of conceptual
to sub-clause (a) of clause (3) to the proportional contradictions.
representation pursuant to sub-clause (b) of clause (3).
4. Part18: Art. 142 (3) (c): in the executive committee at all levels,
Political
there should be the provision for the inclusiveness of
Parties
members from neglected and suppressed regions
including the Women and Dalits.
(4): The Election Commission shall not register any
political party if any Nepali citizen is discriminated
against by becoming a member of the political party on
the basis of religion, caste, tribe, language or sex, or if
the name of, the objectives, insignia or flag of
such political parties is of a nature to divide the country,
or such party constitution or rules are for the purposes
of protecting and promoting a party- less or single party
system of governance.
Source: - CEDPA Nepal, The Status of Women in the Constitution and the Laws in Nepal’s Changing Context, A
Literature Review, Kathmandu 2008.
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Chapter V
Conclusion
Naturally, the process of development of all human beings is same. In this sense, nature did not
discriminate any human beings to have existence in this world. Yet, there is some differences created by
nature among the human bodies only and that is for continuation of human beings themselves.
Gradually, when the society was developed, various kinds of rules, regulations, laws, and traditions, etc
were created to maintain peace and equality among human beings. Naturally men are stronger than
women physically, therefore everywhere in the society started to discriminate women from the early
stage using various arguments. However, those decimation and practiced rules, norms changed into law
The development process also contributed to question the male dominant society about the existence
of women and their equal participation and contribution. We can find these things in the feminist
movement of the west where women started to raise their voice for their political rights in the
beginning. Today, democratic system of government and rule of law became most dominant ruling
system of the society everywhere in the world. So, the law became overall for every member the state
and equally enforced to all. In this situation, those inequality which are still remained in the society with
vary facets need to change to achieve gender equality in everywhere. Therefore, legal reforms are one
of the preconditions for gender equality. Without eliminating or reducing discriminatory laws, the
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This study tries to reveals status of Nepalese women in Nepalese Law. In Nepal, the government,
activists, civil society and the court have been taken significant initiatives for the advancement of
women. Many activities have been carried out to improve the status of women in Nepal. In this regard,
the greatest achievement of the Nepalese women is the more concrete provisions in the recent
constitution and the 11th amendment of the country code. The 11th amendment of the country code
provides equal property rights to daughters, full rights to widows in inheritance, rights of wife in
husband’s property, inheritance rights to divorced woman, and rights of adaptation of child equal as
men.
But still there were discriminatory laws remained, even after amendment. Therefore, considering this
reality parliament has promulgated some special laws to enhance the status of women.
Similarly, new Interim Constitution of Nepal 2006 has eliminated the earlier discriminatory provision of
citizenship and provided equal rights to women to transfer citizenship to their children and also
guaranteed thirty three percent reservation in the candidacy of the constitute assembly. Additionally,
the parliament has past the proposal to end all the kinds of violence against women. It is also one of the
achievements towards general equality. No doubt, equality permits inequality, but such inequality
should be fair, reasonable and just. Otherwise, in the name of creating equality by permitting positive
discrimination to others will generate more tensions. For instance, the eleventh amendment of country
code gave property rights to women. The rational behind of those rights is to reduce the economic
dependency of women and to give them equal chances to participate in every sectors of society. But
what happened is today the girl has equal property rights as boy on her parents’ property. And when
she gets married, she has to return back the properties of her parents, if the property remains with her.
Especially, the law is concerning immovable property, because movable property can be transferred and
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handover very easily. So again if she got married, she can claim the property rights with her husband. It
looks there are possibilities that girl can get double property rights. Because of this, among the families,
especially who have less access to education and awareness, the girls’ position inside the family became
lower and discriminatory. As we understood earlier chapters, in Nepalese society daughters are
worshipable, but this amendment creates new tension between brothers and sisters.
However, there is absence of effective communication system and coordination within the executive,
legislative and judiciary. Without having coordination between various wings of government, it is
difficult to eliminate discriminatory laws and following the path towards gender equality. Today after
long internal conflict, Nepal became Federal Democratic Republic and going to frame new constitution
as the future of Nepalese people. The current time is very crucial for making substantial differences in
women status. There are still lots of discriminatory tradition, customs, as well as laws are still remained.
Therefore, following suggestions may be useful to improve the status of women in the future to get
gender equality.
institutions.
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References
Primary Sources
A) Constitutions
C) Reports
Forum for Women, Law and Development (FWLD), Ktm, Special Measures for Women and Their
Impact, 2003
___ ___ ___, Implementation Status of the Outcome Document of Beijing Platform for Asia,
2003
___ ___ ___, Discriminatory Laws in Nepal and Their Impact on Women, 2006
___ ___ ___, Shadow Report on Initial Report of Government of Nepal on CEDAW
Ministry of Women Children and Social Welfare, Ktm, CEDAW Second and Third Periodic Report
(Combined), 2002
National Planning Commission, Ktm, Five Year Plans ( 5th,6th, 7th, 8th, 9th, and 10th)
D) International Instruments
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Convention of the Elimination of All Forms of Discrimination Against Women 1979
United Nation’s Charter 1945
Universal Declaration of Human Rights 1948
International Covenant on Civil and Political Rights 1966
International Covenant on Social, Economic and Cultural Rights 1966
Secondary Sources
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Pradhan ,Bina. The Status of Women in Nepal: Institutions Concerning Women in Nepal, CEDA
Kathmandu 1979
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