उता एआई र नवप्रवर्तनको प्रतिस्पर्धा, यता नागरिकको मुख थुन्ने होड

यता नेपालमा विगत ४० वर्षदेखि सत्तामा हालीमुहाली गरिरहेका अनुभवी राजनीतिज्ञहरूको गठबन्धनको सरकार नागरिकको अभिव्यक्ति स्वतन्त्रतामाथि धावा बोल्न सामाजिक सञ्जाल सञ्चालन, प्रयोग तथा नियमन गर्न संसद्मा विधेयक दर्ता गर्ने तयारी गर्दै थियो। उता त्यति नै बेला चीनमा ४० वर्षीय लियाङ वेनफेङ नयाँ प्रविधि ल्याएर विश्वलाई नै हल्लाउने तयारी गर्दै थिए। 

४० वर्षीय लियाङ वेनफेङले जनवरी १० मा लन्च गरेको च्याट जीपीटीजस्तै एआई बट डीपसिकले विश्व बजारमा तहल्का मच्चायो। आजको युग नवीनतम् आविष्कार र प्रविधिको हो। अनि आजका युवा प्रविधिमा नै भविष्य देख्छन्। 

तर, नवीनतम् आविष्कार र प्रविधि भनेपछि नेपालका राजनीतिक दलहरूलाई हनहनी ज्वरो आउँछ। अनि प्रविधिलाई निषेध गर्न कम्मर कसेर लाग्छन्। आमनागरिकको स्वतन्त्रताको परिधि खुम्च्याउँदै अभिव्यक्ति तथा वाक् स्वतन्त्रता खोस्ने र पत्रकारको स्वतन्त्रतालाई पनि सीमित बनाउने विधेयक संसदमा दर्ता गरेर तहल्का मच्चाउँछन्। 

बीबीसीका अनुसार, करिब ८३ करोड रुपैयाँ हाराहारी (अर्थात् ६० लाख अमेरिकी डलरभन्दा कम) लागतमा तयार गरिएको चिनियाँ एआई बट डीपसिक लन्च भएपछि अमेरिकी सेयरबजारमा कयौं पुराना, स्थापित तथा ठूला कम्पनीको सेयरमूल्य ह्वात्तै घट्यो। जसमध्ये स्थापित चिप निर्माता कम्पनी एनभिडियालाई सबैभन्दा धेरै घाटा लाग्यो। सेयर बजारमा गिरावट आउँदा एनभिडियाले मात्रै करिब ६ सय अर्ब अमेरिकी डलर (८२९ खर्ब ९२ अर्ब रुपैयाँ) घाटा व्यहोरेको बीबीसीले जनाएको छ। 

नेपालको चालू आर्थिक वर्षको बजेट १७ खर्ब ५१ अर्ब हो। तर, पुरानो स्थापित प्रविधि कम्पनी एनभिडियाले एकै दिनमा गुमाएको रकम भने नेपालको एक वर्षको बजेटको करिब ४९ गुणा हुन आउँछ। त्यति मात्र होइन, नेपालको कूल अर्थतन्त्रभन्दा पनि १४ गुणा बढी हो। किनकि, राष्ट्रिय तथ्यांक कार्यालयका अनुसार नेपालको अर्थतन्त्र ६० खर्ब मात्रै हो।

अमेरिकाको एउटा कम्पनीको सेयर बजारमा एक दिनको घाटा मात्र नेपालको एक वर्षको बजेटको करिब ४९ गुणा हुन आउँछ भने कल्पना गरौं एउटा नयाँ एआई बटका कारण अमेरिकाका अन्य कम्पनीहरू तथा जापान, दक्षिण कोरिया र ताइवानका कम्पनीले सेयर बजारमा गुमाएको रकम कति होला?

पक्कै एक हजार खर्बभन्दा बढी होला, जुन नेपालीको परिकल्पनाभन्दा धेरैधेरै पर हो। 

नेपाल देशकै कूल अर्थतन्त्रभन्दा धेरै ठूला कम्पनीहरू छन्, संसारमा। त्यति मात्र होइन, संसार एउटै व्यक्तिसँग नेपालको कूल अर्थतन्त्रभन्दा धेरै सम्पत्ति पनि छ। किनकि, ती देशका सरकारले व्यक्तिको स्वतन्त्रतालाई खुम्च्याउने काम गरेनन्। बरु फराकिलो बनाउन मद्दत गरे। आर्थिक स्वतन्त्रताले समृद्धि ल्याउने कुरा उनीहरूलाई थाहा छ। 

छिमेकी चीनमा पनि कम्युनिस्ट सरकार नै भए पनि नवप्रवर्तन तथा प्रविधिमा प्रतिबन्ध लगाउने काम भएको छैन। राजनीतिबाहेक अर्थतन्त्रमा अझ विशेषतः नवप्रवर्तन तथा प्रविधिमा चीनले खुला व्यवहार गरेकै कारण चीनमा धेरैभन्दा धेरै नवप्रवर्तन भइरहेका छन् भने अमेरिका वा अन्य राजनीतिकरूपमा पनि स्वतन्त्रता भएका मुलुकका अर्थतन्त्रले त पक्कै छलाङ मार्ने नै भयो। 

तर, नेपालमा पैसा कमाउने मानिसलाई ठग, भ्रष्टाचारी वा अपराधकर्म गर्ने झैँ व्यवहार गरिन्छ। हरेक समाजमा असल तथा खराब मानिस हुन्छन् नै। नेपाली समाजमा पनि खराब छन्। तर त्यसो भन्दैमा पैसा कमाउने सबै ठग वा सबै भ्रष्टाचारी नै हुन् त? अथवा, के नेपालमा पैसा कमाउनु अपराध नै हो?

हो, यहीँनेर समस्या छ, नेपालमा। त्यसैले नेपाली समाज ढोँगी समाज हो। पैसा सबैलाई चाहिन्छ तर पारदर्शीरूपमा, पेसा व्यवसाय गरेर पैसा कमाउनु हुँदैन। जसको कुनै पेसा व्यवसाय तथा नियमित आयस्रोत छैन, यसैको जीवनशैली अकल्पनीय छ, हाम्रो नेपालमा। त्यसैले पनि नेपाली समाजमा उद्यमशीलता, नवप्रवर्तनको कुनै महत्त्व छैन। 

नवीनतम आविष्कार तथा प्रविधि अथवा उद्यमका कुरा गर्नुको साटो नेपालीलाई छिटोछिटो रातारात धनी हुने सूत्र चाहिएको छ। नेता, व्यवसायी, पेसाकर्मी सबैमा धैर्य तथा आफ्नो क्षमतामा विश्वास छैन। एकातिर क्षमतावान् पाखा लागिरहेका छन् भने अर्कोतिर कुनै योग्यता, क्षमता वा पेसाबिना नै अधिकांश व्यक्ति रातारात धनी देखिन्छ। अनि समाजले पनि प्रश्न गर्न सक्दैन– तिम्रो पेसा के हो, व्यवसाय के हो, तिम्रो आयस्रोत के हो?

सरकार भनेको पनि समाजकै प्रतिनिधि हो। त्यसैले सरकार पनि प्रश्न गरेको मन पराउँदैन। त्यसैले ऊ नागरिकका विचार तथा अभिव्यक्तिमाथि धावा बोल्छ। ‘म जे बोल्छु, तँ त्यो सुन मात्र, तर प्रतिक्रिया न दे’ भन्छ। 

संसारमा कृत्रिम बौद्धिकताको लडाइँ (एआई वार) चलिरहेको छ। बजारमा कसले पकड कायम राख्ने भन्ने प्रतिस्पर्धा छ। अबको डलर खर्बपति को हुन्छ भन्ने प्रतिस्पर्धा छ।

तर, नेपालमा भने प्रतिस्पर्धा छ त केवल-

सरकारमा को जाने?

यो सरकार कहिले ढल्छ र मेरो पालो आउँछ?

यसले मात्र कमिसन खाने, मैले नपाउने?

कसले बढीभन्दा बढी भ्रष्टाचार गरेर कमाउने?

उद्योगी र व्यापारीलाई कसरी हतोत्साही बनाउने? 

प्रहरी, कर्मचारीको सरुवा बढुवामा कति दाम उठाउने? 

स्वाभाविकरूपमा एउटा सत्तादेखि अर्को सत्तासम्मको मात्र भविष्य देख्नेले न प्रविधि बुझ्न फुर्सत् पाउँछ, न त उद्यमशीलता, न नवप्रवर्तनको कुरा सोच्न नै।

उता चीन र अमेरिका एआईको दुनियाँमा आफ्नो पकड कसरी मजबुत बनाउने र विश्वको अर्थतन्त्रमा कब्जा जमाउने भनेर चिन्तित छन्।

यता नेपालीहरू सिंहदरबारमै कसरी जीवन बिताउने भनेर चिन्तित छन्। बालुवाटारमै जन्मेर बालुवाटारमै मर्न पाए हुन्थ्यो भन्ने सोच राख्छन्। मानौँ, बालुवाटारबाहिर केही पनि छैन, जे छ बालुवाटारमै छ।

र, नेपालमा यस्तो संयोग हुनु कुनै अनौठो होइन। बहुसंख्यकको सोच नै सत्तादेखि सत्तासम्म र बहुसंख्यकको पेसा नै राजनीति अनि शक्तिको दलाली भएपछि नागरिकका आवाज नियन्त्रण नै सहज हो, आफ्नो सत्तालिप्सा लुकाउने।

तर, सामाजिक सञ्जाल नियमन गर्ने निहुँमा नागरिकको बोल्न पाउने संवैधानिक हक नियन्त्रण गरेर, सूचना तथा विचार प्रवाहमार्फत सुसूचित समाज निर्माण गर्ने प्रेसको व्यावसायिकतालाई खुम्च्याएर बनाउने कल्पना गरिएको नेपाल कस्तो होला? सामाजिक सञ्जाल नियमन भन्दै जेल र जरिवानाको त्रास देखाएर सरकारले तत्काल आफ्नो अक्षमता त लुकाउला तर इतिहासमा आफ्नो अनुहार कसरी लुकाउला? 

नागरिकको संविधानप्रदत्त अधिकार नियन्त्रण गरेर, मुख थुनेर अनि प्रेस तथा अभिव्यक्ति स्वतन्त्रतामा अंकुश लगाएर अविकास र गरिबीको दुष्चक्रमा नागरिकलाई अल्मल्याउने आजको कुनै पनि शासकलाई इतिहासले माफ गर्ने छैन। हिजो पनि माफ गरेको थिएन, आज झनै गर्दैन। किनकि, इतिहास त क्रूर हुन्छ।

(Published on January 30 in nepalkhabar.com -- https://nepalkhabar.com/opinion/225422-2025-1-30-18-3-15)

International rights groups call for protection of judicial independence and integrity

 The independence and integrity of the judiciary in Nepal is being jeopardised by the crisis at its Supreme Court, according to the International Commission of Jurists (ICJ), Human Rights Watch (HRW) and Amnesty International (AI).

"To uphold human rights and the rule of law, it is essential to resolve the crisis in a way that maintains and enhances the court’s credibility and independence," a press note jointly issued by the three international rights bodies issued today reads.

In an unprecedented move, 18 out of 19 justices have refused to sit on Supreme Court benches unless Chief Justice Cholendra Shumsher Rana steps down.

Boycotting a full court meeting called by Chief Justice Rana on October 25, 2021, the justices demanded Rana's resignation for allegedly undermining the integrity and independence of the judiciary. The justices pointed specifically to allegations of a relationship between Rana and the executive branch. They also cited allegations concerning the allocation of cases for hearing to specific justices, and the failure to list for hearing a number of writs against constitutional appointments that he had participated in making.

“The Supreme Court has a crucial role in upholding human rights and the rule of law in Nepal, which makes this crisis extremely worrisome for the justice process,” South Asia director at Human Rights Watch Meenakshi Ganguly said.

Following the boycott by the Supreme Court justices, the Nepal Bar Association (NBA) also called for the chief justice’s resignation. The NBA said it would call a nationwide protest, if the chief justice does not resign. On November 11, some members of the NBA were reportedly injured when police prevented them from staging a protest within the Supreme Court premises. In response to this incident, the NBA on November 12 (today) staged a sit-in at the gate of the Supreme Court.

The current crisis comes amid increasing calls for judicial reform. In July, a committee established by the Supreme Court and led by Justice Hari Krishna Karki submitted a report identifying a number of problems in the judiciary However, the Supreme Court is yet to make the full version of the report public, or to present a plan to carry out its recommendations.

"Without judicial integrity and independence, the role of the Supreme Court will be weakened significantly, making it unable to uphold its constitutional obligation to protect human rights and the rule of law,” said ICJ senior international legal adviser Mandira Sharma. "The allegations against the Chief Justice must be investigated and address through fair process consistent with the rule of law."

Under Article 101 of the constitution, if one quarter of the House of Representatives files a motion for impeachment, an 11-member impeachment recommendation committee of House members will investigate whether grounds exist for moving forward with the impeachment.

"An independent judiciary is the foundation of a rule of law-based system and respect for human rights,” said director of Amnesty International Nepal Nirajan Thapaliya. "As envisioned by the constitution, the parliament should ensure a robust, transparent, and effective investigation on the allegations faced by the chief justice to protect the integrity of the Supreme Court and to ensure public trust in the judiciary."

Prisoners forgotten in Covid-19 pandemic, as crisis grows in detention facilities

Prisoners around the world, including in Nepal, have been forgotten during the Covid-19 pandemic, according to a new report from Amnesty International, as prisons have faced systemic challenges to prevent the spread of the virus, with control measures leading to serious human rights violations.

The organisation is calling for the millions of people languishing in overcrowded cells to be included in national vaccination roll-outs. 'Forgotten Behind Bars: Covid-19 and Prisons' reveals that, with more than 11 million estimated people imprisoned globally, prisons in many countries risk becoming hotbeds for the disease. Many inmates struggle to access soap, proper sanitation, or personal protective equipment, while physical distancing is difficult to achieve and only limited health care is available.

"As Covid-19 continues to rip through prisons across the world, measures introduced by governments to prevent the spread of the disease have led to human rights violations, including the use of excessive solitary confinement to aid social distancing and inadequate measures to reduce the detrimental effects of isolation,” said Amnesty International’s (AI) Research and Advocacy director Netsanet Belay.

The full scale of Covid-19 infections and related deaths in prisons is hard to assess as governments have failed to publicly provide up-to-date, reliable information. However, available data indicates worrying patterns of Covid-19 infections in prisons across the world. And as vaccine roll-out strategies and plans take shape, many governments remain silent on their plans to vaccinate prisoners who are particularly at risk.

Overcrowding is widely recognised as one of the most serious problems in prisons today, a press note issued by the AI reads, adding that around 102 countries have reported prison occupancy levels of over 110 per cent, with a significant proportion of prisoners charged with, or convicted of, non-violent crimes. "Though steps have been taken to release eligible prisoners, AI research indicates that current release rates are insufficient to address the huge risk posed by the virus."

"Many countries with dangerously high levels of prison overcrowding, such as Bulgaria, Egypt, the Democratic Republic of the Congo and Nepal, have failed to address concerns over Covid-19 outbreaks,"  Netsanet Belay said, adding that in other countries like Iran and Turkey, hundreds of prisoners detained arbitrarily, including human rights defenders, were excluded from Covid-19-related releases.

Covid-19 has also laid bare the years of underinvestment in, and neglect of, health services in prisons, the press note reads, adding that prison authorities have been unable or unwilling to cope with the increased need for preventive health measures and medical services for prisoners. "During the early phases of the pandemic, AI found prisoners in many countries were unable to get a Covid-19 test due to acute shortages, while some detainees in Iran and Turkey were arbitrarily denied medical treatment."

Countries including Cambodia, France, Pakistan, Sri Lanka, Togo and the USA were also unable to put in place adequate preventive and protective measures in prisons to curb the spread of Covid-19.

“No matter who you are, or where you are, people deserve access to face masks, adequate quantities of soap, sanitising items and clean running water," Belay said, adding, "In prisons, especially, personal protective equipment needs to be provided free of charge and governments need to increase access to Covid-19 testing and treatments to prevent and manage potential outbreaks."

In many countries, prison authorities have resorted to dangerous measures including excessive and abusive confinement and quarantining measures to tackle the Covid-19 crisis, leading to serious human rights violations. In some places such as Argentina and the UK, detainees were put in isolation for up to 23 hours per day, often for weeks or months.

"Excessive and abusive isolation and quarantine measures were used to contain the spread of Covid-19 in some prisons around the world," Belay said, adding, "In some cases, these could amount to cruel, inhuman or degrading treatment. Humane measures to protect prisoners must be put in place now."

Some Covid-19-related lockdown measures in prisons also impacted family visits, increasing the risks to detainees’ mental and physical wellbeing. In some instances, these sparked widespread protests and unrest in prisons, to which authorities often responded with excessive force.

"While some prison authorities have retained visits by adapting conditions, others have resorted to banning visitors, effectively depriving detainees from their lifeline to the outside world and undermining their emotional and physical wellbeing,” said Belay.

At least 71 countries have now put in place a vaccination policy for at least one clinically vulnerable group. While some of these countries have included prison populations and staff among the priority groups to receive vaccines, AI’s research found that many others, including higher-income countries, are either silent or remain unclear on their plans.

"Prisons are some of the most at-risk settings for Covid-19 outbreaks and we cannot neglect the right to health of people in prisons any longer," she added.

Lack of clarity about vaccination plans, policies and treatment of incarcerated populations is a pressing, global concern,” said Netsanet Belay. “As vaccine roll-out strategies take shape, a failure to prioritize the health of people in detention will have catastrophic consequences for prisoners, their families and the public health care system.”

Amnesty International calls on all the states not to discriminate against those held in detention when developing vaccination policies and plans. Furthermore, it urges states to make every effort to prioritize prisoners in their national vaccination plans, particularly given that their confined conditions do not allow them to physically distance, and ensure that those at particularly high risk of Covid-19 (such as older prisoners and those with chronic health conditions) are prioritized for vaccination on a par with comparative groups in the general population.

Qatar exploits migrant workers: Amnesty International

 A new report by Amnesty International (AI) has revealed how migrant domestic workers employed in Qatar have been pushed to breaking point by extreme overwork, lack of rest, and abusive and degrading treatment, weeks after the gas-rich country gathered all the praise for introducing landmark labour reforms like abolishing exploitative ‘kafala’ system and fixing a new minimum wage.

The AI said – in its report – that it spoke to 105 women, who had been employed as live-in domestic workers in Qatar and found that their rights were still being abused and violated despite government reforms aimed at improving their working conditions. Some women had been victims of serious crimes like sexual assault, it reads, adding that as many as 90 of the 105 women contacted by the London-based advocacy group said they regularly worked more than 14 hours per day; 89 reported regularly working seven days a week; and 87 had their passports confiscated by their employers. “Half of the women worked more than 18 hours per day, and most had never had a single day off at all.”

Some also reported not being appropriately paid, while 40 women described being insulted, slapped or spat at, it adds.

All of this gruesome treatment of domestic workers had taken place despite in 2017 Qatar introducing the Domestic Workers Law, which stipulated limits on working hours, mandatory daily breaks, a weekly day off and paid holidays. “The introduction of the 2017 Domestic Workers Law was a step forward for labour rights protection in Qatar,” head of Economic and Social Justice at Amnesty International Steve Cockburn was quoted in the report. “Sadly, the accounts of the women we spoke to make it clear that these reforms have not been properly implemented or enforced.”

“Almost all had their passport confiscated by their employers, and others described not getting their salaries and being subjected to vicious insults and assaults,” said Cockburn.

The Gulf state hosts around 173,000 migrant domestic workers. Some of the women interviewed were still in their jobs, whereas others had left but remained in Qatar, and others had returned to their home countries.

According to their contracts, domestic workers should work no more than 10 hours a day, six days a week, which is already higher than standards set out by the International Labour Organisation (ILO). On an average they worked 16 hours per day, without being paid any overtime.

The Qatari Domestic Workers Law limits working hours to a maximum of ten hours a day but allows for this to be extended, if agreed by the worker. Many women said they felt scared to refuse their employers’ endless requests for more work, even when they needed to rest, the report reads, adding that at least 23 women said they were not given enough food and felt hungry during their employment in Qatar. “Some women also described sleeping in cramped rooms, in some cases on the floor or without air conditioning.”

Forty women reportedly said they had suffered verbal and physical abuse such as degrading treatment, shouting and insults. Another 15 women said they faced physical abuse at the hands of their employers or family members, including spitting, beating, kicking, punching and hair-pulling. As many as five women had been sexually abused by their employers or visiting relatives. Most women felt they could not complain to the police for fear of retaliation by their employers.

The rights group notes that Qatar has utterly failed to hold abusive employers to account.

As a party to various international treaties prohibiting human rights abuses, Qatar is obliged to protect all workers and to provide remedies when those rights are violated. “We are calling on the Qatari authorities to take concrete steps to ensure full implementation of the law, establish strict inspection mechanisms, and take serious actions against abusive employers,” Cockburn said.

Qatar has utterly failed to hold abusive employers to account, which means there is little to deter future abuses. Practices such as passport confiscation and unpaid wages, which indicate forced labour, are not being automatically investigated, and rarely face consequences even when they refuse to hand passports over or pay dues, the report reads.

Prior to 2018 domestic workers had no access to grievance mechanisms, but when Qatar established the Committees for the Settlement of Labour Disputes, they were finally allowed to submit complaints to these tribunals. However, the process remains beset with delays and other issues. More than half the women AI spoke to reported delayed or unpaid wages, but the very few who felt able to submit claims to the Committees found the process slow and stressful.

One major flaw in the system is that domestic workers risk losing their legal status, income and a place to stay while their complaints are processed. They need a safe refuge and income to support themselves during the process; however, with a government-run shelter not fully operational, complaining at the Committees is not a viable option for most women, it adds.

AI condemns enforced eviction of indigenous Chepang families by Chitwan National Park

Amnesty International Nepal (AI-Nepal) has condemned the forcible eviction of indigenous Chepang families from their settlement by the Chitwan National Park authority on Saturday.
Issuing a press note today, the human rights group has also asked the authorities concerned to stop enforced eviction of indigenous Chepang people from their settlements and ensure those involved in destroying their houses are held accountable.
On Saturday, workers from the Chitwan National Park set two houses ablaze and destroyed eight others using elephants with the intention of evicting the Chepang families, who have been living in Kusumkhola, an area that falls under the park’s territory. Ten families were rendered homeless in the incident. They also lost their identification documents, money and other possessions in the incident.
The park’s move to evict the landless Chepang families by means of arson and vandalism, especially when the country is dealing with the coronavirus pandemic and the monsoon-related disasters, has drawn widespread criticism, the press note reads, adding that this is the second attack on the indigenous people perpetrated in the span of two months. In June, according to AI, the Bardiya National Park authority had attempted to forcibly evict members of the landless Tharu community from their settlements.
“Forcing anyone from their homes is an act of cruelty,” director of Amnesty International Nepal Nirajan Thapaliya, said, adding that to do so with the use of arson and charging elephants, risking lives and destroying the few possessions of an already marginalised community, is unconscionable and a human rights violation. “The Chepang community must be protected.”
Any further attempts to force them out of their homes must be stopped, he said, adding, “The people who have been forcibly evicted must be given effective remedy, including adequate alternative housing and compensation.”
Furthermore, the perpetrators responsible for these forced evictions should be held accountable for their actions, the AI press note reads.
The members of the Chepang community, who lost their homes are now in temporary accommodation in a school hostel nearby, and fear that other members of their community living near the Chitwan National Park could also suffer the same fate, the press note reads.
Indigenous Chepang communities depend on subsistence farming, without having access to their own land. Nepal’s laws, which fail to meet international standards, currently only protect people living ‘on land that they own’ and fail to ensure adequate safeguards against forced evictions of people, who do not have ownership titles.
“No one should be subjected to forced evictions,” Thapaliya said, adding that it is appalling that during a pandemic and ongoing rainy season, when having a home is critical to keeping oneself safe, Nepal’s authorities have chosen to dispossess some of the most marginalised people and make them homeless.”

Health workers silenced, exposed and attacked globally

Governments must be held accountable for the deaths of health and essential workers who they have failed to protect from Covid-19, Amnesty International (AI) said today, as it released a new report documenting the experiences of health workers around the world.
The organisation’s analysis of available data has revealed that more than 3000 health workers are known to have died from Covid-19 worldwide - a figure which is likely to be a significant underestimate.
Alarmingly, Amnesty International documented cases, where health workers who raise safety concerns in the context of the Covid-19 response have faced retaliation, ranging from arrest and detention to threats and dismissal.
“With the Covid-19 pandemic still accelerating around the world, we are urging governments to start taking health and essential workers’ lives seriously,” Amnesty International’s Researcher and Advisor on Economic, Social and Cultural Rights Sanhita Ambast said, adding that countries yet to see the worst of the pandemic must not repeat the mistakes of governments, whose failure to protect workers’ rights has had devastating consequences. “It is especially disturbing to see that some governments are punishing workers who voice their concerns about working conditions that may threaten their lives.”
Health workers on the frontline are the first to know, if government policy is not working, and authorities who silence them cannot seriously claim to be prioritising public health, Ambast added.
There is currently no systematic global tracking of how many health and essential workers have died after contracting Covid-19. However, Amnesty International has collated and analysed a wide range of available data that shows that over 3000 health workers are known to have died after contracting Covid-19 in 79 countries around the world.
According to Amnesty International’s monitoring, the countries with the highest numbers of health worker deaths thus far include the USA (507), Russia (545), UK (540, including 262 social care workers), Brazil (351), Mexico (248), Italy (188), Egypt (111), Iran (91), Ecuador (82) and Spain (63).
The overall figure is likely to be a significant underestimate due to under-reporting, while accurate comparisons across countries are difficult due to differences in counting. For example, France has collected data from just some of its hospitals and health centres, while figures of deceased health workers provided by health associations in Egypt and Russia have been contested by their governments.
Health workers reported serious shortages of personal protective equipment (PPE) in nearly all of the 63 countries and territories surveyed by Amnesty International. This includes countries, which may yet see the worst of the pandemic, such as India and Brazil and several countries across Africa. A doctor working in Mexico City told Amnesty International that doctors were spending about 12 per cent of their monthly salaries buying their own PPE.
In addition to a global shortage of supply, trade restrictions may have aggravated this problem. In June, some 56 countries and two trade blocs – the European Union and the Eurasian Economic Union – had put in place measures to either ban or restrict the export of some, or all, forms of PPE or its components.
“While states must ensure there is sufficient PPE for workers within their territories, trade restrictions risk exacerbating shortages in countries that are dependent on imports,” Sanhita Ambast said, adding that the Covid-19 pandemic is a global problem that requires global cooperation.
In at least 31 of the countries surveyed by Amnesty International, researchers recorded reports of strikes, threatened strikes, or protests, by health and essential workers as a result of unsafe working conditions. In many countries, such actions were met with reprisals from authorities.
“Health and essential workers have a right to raise their voices against unfair treatment,” said Sanhita Ambast.
In addition to unsafe working conditions, Amnesty International has documented how some health and essential workers are being unfairly paid or in some cases not paid at all.
Likewise, Amnesty International documented several cases where health and essential workers experienced stigma and violence because of their jobs. For example, a nurse in Mexico was reportedly drenched with chlorine while walking on the street, and in the Philippines, attackers poured bleach in the face of a hospital utility worker.
These incidents point to a climate of misinformation and stigma and underscore the importance of governments providing accurate and accessible information on the spread of Covid-19.

Supreme Court’s decision reaffirms the need to amend transitional justice law

The decision by Nepal's Supreme Court to reject a petition by the government asking that it reviews its 2015 ruling against amnesties for grave conflict-era crimes is an important step in securing truth, justice and reparations for the thousands of victims of the country’s decade-long conflict, Amnesty International, TRIAL International, the International Commission of Jurists (ICJ), and Human Rights Watch said today.
The armed conflict between Maoist and government forces ended in 2006, but victims of serious abuses by both sides are still awaiting justice, accountability and reparations. The four organisations called upon the government to revise the 2014 Transitional Justice Act and ensure its implementation in accordance with the Supreme Court’s judgments, so as to assure access to justice for the victims of conflict-era abuses.
Nepal’s transitional justice law, which was passed by Parliament in April 2014, established a Truth and Reconciliation Commission and a Commission of Investigation on Enforced Disappeared Persons, the joint press note reads, adding that it, however, contained provisions that could allow for amnesties even for crimes such as torture, including rape and other sexual violence and ill-treatment and enforced disappearance. “On February 26, 2015, the Supreme Court struck down the amnesty provisions and ordered the act to be amended accordingly.”
However, the government immediately petitioned to overturn the ruling. That petition was rejected by the court on April 27, 2020.
“With the Supreme Court’s decision, there can be no further excuse for government backsliding on ensuring truth, justice, reparations and guarantees of non-recurrence,” South Asia Director at Amnesty International Biraj Patnaik said, adding that the government should immediately amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014 in line with the Supreme Court’s orders and its own international obligations.
With its latest ruling the Supreme Court has upheld the principle that there can be no amnesties for those suspected of criminal responsibility for crimes under international law and human rights violations. More than 13 years since the Comprehensive Peace Agreement of November 2006 promised justice to the victims, no one has been held accountable for any conflict-era crimes.
“The request filed by the Nepal government to review the decision of the Supreme Court was another attempt to evade the real issue: accountability for mass human rights violations,” the head of Nepal Programme at TRIAL International Cristina Cariello said, adding that they were delighted that the Supreme Court held its ground and reaffirmed the importance of fair and efficient transitional justice mechanisms.
Amnesty International, the International Commission of Jurists, Human Rights Watch and TRIAL International have repeatedly expressed concerns about the faltering transitional justice process. Besides the failure to amend the law to uphold basic principles of justice, there have been long delays and repeated political interference in appointments to the two transitional justice commissions.
“Over the past decade, the Supreme Court of Nepal has produced some of the most human rights compliant jurisprudence in South Asia,” ICJ Asia Pacific director Frederick Rawski  said, adding that the petition cynically sought to have the Court undermine its own judgement, so that the government could sidestep its responsibility to provide accountability for conflict-related human rights violations. “The government has no excuse for not immediately amending the transitional justice legal framework so that it is consistent with the Court’s jurisprudence and Nepal’s international legal obligations.”
An effective transitional justice system requires strong legal foundations consistent with international law and standards, and the political will to address the demands of victims of the conflict, the organisations said.
“When Nepal stood for election to the United Nations Human Rights Council the government promised to uphold its human rights obligations, but 3 years later, as it seeks re-election, there has been nothing but impunity and evasion on transitional justice,” South Asia director at Human Rights Watch Meenakshi Ganguly said, adding that these are crimes under international law, subject to universal jurisdiction, and if justice is denied at home victims may take their cases abroad.

AI charges Qatar for illegally expelling migrant workers

After Qatari authorities rounded up and expelled dozens of migrant workers after telling them they were being taken to be tested for Covid-19, Amnesty International (AI) has called on to ensure that any worker detained and threatened with expulsion is informed of the reasons and allowed to challenge them. “Qatar should also ensure effective remedy and reparation for any worker, whose rights have been violated,” the AI press note recommends, adding that the Qatari authorities must also ensure all migrant workers’ right to health is fully protected during the Covid-19 crisis.

The AI interviewed 20 men from Nepal, who were apprehended by Qatari police, alongside hundreds of others, in March, the press note reads, adding that the police told most of the men that they were going to be tested for Covid-19 and will be returned to their accommodation afterwards. “Instead, they were taken to detention centres and held in appalling conditions for several days, before being sent to Nepal.”

“None of the men we spoke to had received any explanation for why they were treated this way, nor were they able to challenge their detention or expulsion,” Amnesty International’s (AI) deputy director of Global Issues Steve Cockburn said, adding that after spending days in inhumane detention conditions, many were not even given the chance to collect their belongings before they were put on planes to Nepal. “It is disturbing that the Qatari authorities appear to have used the pandemic as a smokescreen for further abuses against migrant workers, many of whom feel police misled them by saying that they were to be ‘tested’.”

Covid-19 is no excuse for arbitrarily rounding people up, he added.

“The authorities must provide reparations for the way that these men have been treated, and consider allowing those who have been expelled to return to Qatar if they so wish,” he said, “The men’s employers must also urgently pay the salary and employment benefits they are owed.”

On March 12-13, hundreds of migrant workers were rounded up and detained by police in parts of Doha including the Industrial Area, Barwa City, and Labour City, the TI press note reads, adding that they were apprehended whilst away from their accommodation, carrying out errands or shopping for groceries.

Some workers said the police specifically told them that they were being taken to be tested for Covid-19, and would be brought back to their accommodation later. Other workers said the police spoke to them in Arabic and the only word they could understand was ‘Corona’.

One man told Amnesty International, “We were asked to stop to test for the virus. Police told us that the doctor would come and check the virus. But they lied to us.”

The men were then crammed on to buses, and taken to a detention facility in the Industrial Area, where their documents and mobile phones were confiscated, before having their photographs and fingerprints taken, the AI press note further reads, adding that the workers were detained in inhumane conditions alongside scores of other people from various countries. “They were held in overcrowded cells without beds or bedding, and not given enough food or water.”

One Nepali man told AI: “The jail was full of people. We were given one piece of bread each day, which was not enough. All the people were fed in a group, with food lying on plastic on the floor. Some were not able to snatch the food because of the crowd.”

Out of the 20 interviewed, only three said they had their temperature checked while they were in the detention facility.

While they were in detention, the men Amnesty International interviewed were told they were being expelled, with some only learning about it while being taken to the airport. Some were expelled on March 15, and others on March 19. None were able to challenge their detention or expulsion.

Some were given just a few minutes to pack their belongings, while others were not given the chance to collect anything at all. One man said, “I was handcuffed and treated like a criminal. I was taken to my camp to collect belongings, but how could I collect and pack the luggage since my hands were chained?”

Most workers said they had their temperatures taken at Hamad International Airport before boarding their flights, and again upon landing in Kathmandu.

Some said the police threatened to bring criminal charges against them and keep them in the detention facility longer if they complained or tried to challenge the situation, the press note reads.

Of the 20 people interviewed, only two said they have been contacted by the companies they worked for, offering to pay their salaries. One man said he was given cash by his company whilst in detention, but a police officer took it for ‘safekeeping’ and failed to return it. The other man said his company asked him to open a bank account to send him his wages.

All of the workers left Qatar without receiving their owed salary and end-of-service benefits, a particular concern as many will have spent huge sums on securing jobs in Qatar and may well be paying back high-interest loans.

One man said, “It is difficult now. My children do not have clothes, it is tough to feed them.” Another said he was being threatened by a moneylender and was struggling to support his five children.

In response to Amnesty International’s evidence, the Qatari government said that while inspecting the Industrial Area as part of the Covid-19 response, “officials uncovered individuals engaged in illegal and illicit activity. This included the manufacture and sale of banned and prohibited substances, along with the sale of dangerous food goods that could seriously threaten the health of people if consumed”.

However, 18 of those interviewed by AI said they were not aware of any charges or accusations brought against them. Two others said that a fellow detainee who spoke Arabic told them that they were accused of supplying alcohol. Neither the police nor any officials informed them of such charges, which they strongly denied to AI.

AI reviewed documents in Arabic that were given to the men, which do not suggest they were charged with any criminal offence. In any event, none of the men interviewed were allowed to challenge the legality of their detention and eventual expulsion, as required under international human rights law.

ICT Start-up and Innovation Mela

Living with ICT magazine is organising ICT Start-up and Innovation Mela on December 20 and 21 in Kathmandu.
Earlier, the event was organised out of the valley. The event is being organised with an aim to promote products developed by startups related with information technology and innovation, according to the organiser. “There will be around 50 stalls of start-ups from across the country.”
Rockets, drones, and other software developed by Nepalis will be displayed during the event, the organiser said, adding that there will be workshops on artificial intelligence (AI), internet of things (IoT) and cloud technology, start-ups and entrepreneurship will also be conducted during the event. “We expect around 10,000 visitors at the event.”

Future of compassion in the context of Artificial Intelligence and Technology

Artificial intelligence is a method of calculation and not a being and hence no element of experience, according to a monk.
In a series of debates and talk programmes designed to stimulate thinking and get the ideas and knowledge flowing, a joint event was organised by the French Embassy in Nepal and beed Knowledge Center on the ‘Future of Compassion in the context of Artificial Intelligence and Technology’ in which the French Buddhist monk and writer Matthieu Ricard – who was in conversation with economist Sujeev Shakya – highlighted that a common platform, even before religion, is goodness and a good heart which is most needed for people to come together despite the challenges of technology. In Ricard’s point of view, artificial intelligence is a method of calculation and not a being and hence no element of experience.
During the conversation, Ricard also admired the resilience of Nepali people as they get through everything in life. “There has not been lasting hatred and believes that it is a part of the Nepali culture,” he added.
Sujeev, on the occasion, emphasised that, technology has encroached our life in an unprecedented level, resulting a conflict with our notion of a shared world and a shared future. For Sujeev, a lot of evolution has taken place over the years and although Buddhism and science have evolved to come together, it has always been about the human mind and people. 
The conversation started with the French ambassador to Nepal François – Xavier Leger giving the opening remarks in the event, where the attendees included heads of Mission and representatives from various embassies, researchers, students and people from the private sector.

AI emerging as a helpful tool for governments to deliver public services: Report

A new study launched by the United Nations (UN) Economic and Social Commission for Asia and the Pacific (ESCAP) and Google today showcases models of leveraging artificial intelligence (AI) for public services in the Asia-Pacific region and beyond.
The Artificial Intelligence in the Delivery of Public Services study is a first of its kind collaboration between the UN Secretariat and Google, showcasing examples of how artificial intelligence can be used in the public sector.
“On the path to the 2030 Agenda for Sustainable Development, governments in Asia and the Pacific are urgently pursuing innovative means to deliver effective, efficient and fair public services,” said UN under-secretary-general and executive secretary of ESCAP Armida Salsiah Alisjahbana.
“Frontier technologies such as AI hold promise to reimagine how the public sector can better serve sustainable development needs,” she said, adding, “I look forward to continuing to strengthen the partnership with Google and enable the countries in the region to better leverage frontier technologies for sustainable development.”
“As part of our regional partnership on AI for Social Good, we are pleased to collaborate with UN-ESCAP to showcase some good practices and lessons learned in the use of AI for public service delivery,” said vice president for Government Affairs and Public Policy at Google Asia Pacific Ted Osius. “As AI advancements are increasingly deployed in sectors ranging from healthcare, the environment and education, we see exciting opportunities for public sector agencies to bring these benefits to larger and larger populations,” he said, hoping that the lessons captured in this report help inspire people to identify more areas where AI could help tackle challenges in the public sector.
Although AI is a widely discussed topic today, case studies on how AI is concretely applied in the public sector are rare. The report aims to fill the gap and features insights as well as context-specific recommendations from deployments of AI in a variety of sectors: health, justice, agriculture, environment, insurance and social welfare.
Public-private partnerships (PPP) will become increasingly important to complement government initiatives with industry knowledge and expertise. Amid the rapid pace of technological development, the report recommends that governments develop frameworks to regulate these partnerships and encourage more public information on AI projects to foster a landscape conducive to informed decision-making on AI partnerships.
Since applying AI in the public sector is still at an early stage of development, setbacks and a trial-and-error process may be inevitable. Case studies in the report highlight how a competitive selection process may spell the way forward to discover and initiate pioneering AI technology in public service delivery. Through thorough research and contestation, both the private sector and public benefit in the learning process of developing AI solutions.
The report is one of the outcomes of a Memorandum of Understanding (MoU) initiated between ESCAP and Google in December 2018 to share good practices and solutions on promoting AI for social good.

Government must uphold press freedom, ensure the Constitutional guarantee of Freedom of Expression

Amnesty International Nepal (Amnesty Nepal) urged the Government of Nepal to ensure press freedom both in law and practice allowing journalists an independent and autonomous working environment to practice their profession.
“The government must uphold press freedom and rectify legal provisions that are contrary to the constitutional guarantees of the freedom of expression,” said director of Amnesty Nepal Nirajan Thapaliya. “Amnesty International reaffirms its support to press freedom,” he said, adding, “For us, journalists are the frontline rights defenders, who bring to light the abuses and violations suffered by people. Journalism is not a crime, and journalists should not become subjects of violence in the exercise of their profession. It is a fundamental responsibility of the state to ensure security of journalists and freedom of the press.”
The 26th World Press Freedom Day this year presents a stark reminder of Nepal’s steady decline from 100th to the 106th position in the World Press Freedom Index as recorded by Reporters Without Borders. According to the Federation of Nepali Journalists (FNJ), some 36 journalists have been killed since 1996, while dozens of reporters and editors have been arrested, detained and fined in the last decade since the Electronic Transaction Act came into effect in 2006. FNJ has reported some 60 incidents of violation of press freedom in the last one year.
The past couple of years has witnessed the tightening of laws and regulations in various countries, including Nepal, aimed towards restricting the free operation of media and silencing of the dissenting voices critical of the establishment. In April, a Pokhara-based journalist Arjun Giri was charged under the Electronic Transaction Act (ETA) for reporting a financial fraud case. In 2018, there were a number of arrests of journalists under cyber-crime charges. In September 2018, Raju Basnet was arrested merely for posting a news also on a case of financial fraud published by a weekly paper. FNJ has recorded the arrest of six journalists in 2018.
The state must show its unflinching support to the constitutional promises of the free press and bring improvements to this bleak picture of press freedom in Nepal. It is only by ensuring the freedom of expression as enshrined in Nepal's constitution that Nepal will be able to strengthen a free, fair and truly democratic society,” Thapaliya added.
Background
The Constitution of Nepal 2015 has made a broad commitment to the ‘full freedom of the press’ including civil liberties, fundamental rights and human rights. Article 17 (2) (a) of the Constitution guarantees citizens' right to the freedom of opinion and expression. Likewise, Article 19 has outlawed the censorship of any "publication and broadcasting or dissemination or printing of any news item, editorial, feature article or other reading, audio and audio-visual material through any means".
Nepal is also obligated under various international human rights treaties including the International Covenant on Civil and Political Rights  to "respect and ensure" everyone's freedom of expression. The UN Human Rights Committee, a body mandated to monitor the implementation of the Covenant, states in its General Comment No. 34 that "a free, uncensored, and unhindered press is essential in any society to ensure freedom of opinion and expression . . . and it constitutes one of the cornerstones of a democratic society.

Strengthen, implement right to food law: AI

Nepal must strengthen and implement its new law on right to food, if it is to meet its commitments to rid the country of hunger, malnutrition and food insecurity, according to a report published by the Amnesty International (AI) today.
The report, which is made public today, presents a detailed analysis of the Right to Food and Food Sovereignty Act, enacted last September in order to implement the rights relating to food guaranteed under the Constitution. According to Article 36 of the Constitution, every citizen has the right to be safe from the state of being in danger of life from the scarcity of food, and every citizen has the right to food sovereignty in accordance with law.
Hunger was one of the root causes of Nepal’s decade-long internal conflict, and it persists across the country. Nearly half of all the households in Nepal face food insecurity, and a tenth are ‘severely food insecure’. More than a half of all children under five years of age are anaemic, while more than a third of them have stunted growth.
In an important step towards realising its goal of ‘zero hunger’ by 2025, the Nepal government enforced Right to Food and Food Sovereignty Act in September.
However, as per AI’s briefing, Right to Food and Food Sovereignty Act requires amendment to make it effective. Besides, rules and regulations necessary to implement the provisions of the law need to be formulated.
“If the government of Nepal wants to ensure that no one goes hungry in the country, it must strengthen the law. The mechanisms, such as the rules and regulations, need to be crafted in a way that makes the right to food a reality for all,” said AI South Asia director Biraj Patnaik.
The law needs to be amended to clearly define terms and avoid unnecessary confusion and misinterpretation, which could weaken its effectiveness. As the law stands, it remains unclear what constitutes ‘hunger’ and ‘starvation’.
The report presents recommendations under 16 different topics, covering a range of issues such as increasing scope of legal protection to ensure that the right to food is extended to non-citizens; amending the Act to require an inquiry into any deaths resulting from starvation; and guaranteeing accountability against breach of duty to prevent starvation.
Nepal must also take meaningful steps to prohibit public authorities from interfering with people’s efforts to feed themselves. The law, in its current form, provides little protection to the people as stated in the AI briefing.
It also recommends that the law be specific on how the government will address the threat of starvation. There must be inquiries into any deaths resulting from starvation. It calls for marginalised communities, such as Dalits and land-dependent indigenous peoples, including Tharus, to be granted access to cultivable land.
The briefing recommends that specialised food councils be established throughout the country at national, provincial and local levels to monitor the implementation of the act.
“The authorities have an obligation to prevent malnutrition in all its forms," Patnaik said, adding, "Without addressing these weaknesses of the Right to Food and Food Sovereignty Act and consulting the appropriate stakeholders, Nepal will not be able to rid an estimated two million people of malnutrition in the country." He also stressed on the urgency to implement the act.
Right to Food was first recognised as an international human right in the Universal Declaration of Human Rights in 1948. In 1966, the International Covenant on Socio, Political and Economic Rights endorsed Right to Adequate Food. Since then, several other international conventions have endorsed this as a fundamental right. 
Nepal currently ranks 72nd out of 119 countries in the Global Hunger Index (GHI) which scores countries based on an assessment of the progress and setbacks they have incurred in combating hunger. Over 50 per cent of Nepal's households is food insecure, according to 2016 National Demographic and Health Survey.

Investigation claims 185 Nepali migrant workers died in Qatar

A non-governmental organisation (NGO) has claimed that some 382 Nepali migrant workers died in Qatar in the past two years.

Pravasi Nepali Co-ordination Committee (PNCC) also claimed that the number could rise as very less cases have been brought to light.
"FIFA and the government of Qatar promised to take action to ensure the safety of workers building the stadiums and infrastructure for the 2022 World Cup," the NGO said, adding that the rising number has revealed that they have not kept their promise.
Most of the young Nepali migrant workers have reached Gulf especially Qatar – recently – in search of employment due to lack of jobs back home. According to Amnesty International (AI), there are 1.35 million migrant workers in Qatar. "A study from the humanitarian organisation claimed Qatar's construction sector is rife with abuse and some projects seriously exploit people."
Its not a new news that the Gulf countries abuse migrant workers, but the Qatar death reveals that they disregard also for the basic human rights of migrant workers.
Most of the unskilled Nepali migrant workers have been involved in the construction sector in Qatar but the government has not been able to guarantee the safety of the migrant Nepali workers, who have been sending remittance to help float economy even during the last decade of insurgency. However, the government has not been able to calculate the cost of remittance as everyday around six coffins return and there is a huge social trauma among the children in the rural areas due to absence of their parents.

Recruitment agencies must prioritise protection of migrant workers

At a time when Nepal's development partners like World Bank and UN are suggesting the government for a strong migration and remittance policy to take benefit from increasing migration, Amnesty International has shown concern over Nepal Association of Foreign Employment Agencies (NAFEA)'s activities.

"Nepal Association of Foreign Employment Agencies is against the implementation of the existing rules related to labour migration set by the Department of Foreign Employment, which is a serious issue," said Amnesty International.

NAFEA officials have been saying that 'stricter rules' in securing job permits from the department had discouraged recruitment agencies from sending workers abroad. They claim that the drop in migration figures reveals that many are now going abroad through informal channels via India, contravening the law of the land.

"NAFEA’s remarks are not helpful to the ongoing efforts by civil society, and governmental and inter-governmental agencies to promote safe migration," said director of Amnesty International Nepal Rameshwar Nepal, adding that the government's priority should be to protect migrant workers, not ensure high profits for recruitment agencies by processing migration applications as quick as possible.

"Procedures put in place by the government aimed at reducing contractual deception, including translation of contracts into Nepali, should, if implemented properly, contribute towards reducing the widespread practice of recruiters trafficking migrants for forced labour," he added.

Amnesty International’s research clearly revealed that using informal migration routes puts migrant workers at greater risk of exploitation. "If the drop in migration correlates with an increase in migrants travelling via India to circumvent the formal system, then this is indeed cause for concern," said Nepal, urging better cooperation between agencies and the governments of both Nepal and India to protect migrant workers, including penalties for rogue recruiters who violate the law.

Amnesty International has also called on all political parties to sign up to key safe migration policies that will help protect millions of Nepalis, who go abroad for work.

This is an issue that impacts the whole nation and needs a response that crosses party political lines, according to Amnesty that said that it is no longer acceptable for politicians to ignore the issue or for recruitment agencies to circumvent or flout existing laws.

Amnesty International has prescribed to ensure that laws banning excessive interest rates are enforced, apart from ensuring the effectiveness of the Foreign Employment Act as a tool against trafficking for exploitation and forced labour by punishing recruitment agents violating the Act.

Similarly, it has also asked to ensure that the complaint and compensation mechanisms are accessible to migrants and their families and ensure women, who wish to migrate, do not face discriminatory restrictions in the migration process, to release reserves in the Welfare Fund to finance low interest loans for migrants and enterprise assistance for returnees, and to ratify the UN Trafficking Protocol and ensure Nepal’s domestic law on trafficking covers labour exploitation.