Bhutan: A fly in the ointment

Recently, a painting by S Bishwa  arrived from the framer. It is titled “Sunyata,” the emptiness that can only be achieved when one is free from attachments. The pictured novice monks are attending “Tshechu” a religious ceremony to help them achieve freedom from attachment.

The same day we received souvenirs (purses, bags, and a cap) from Dechen Wangmo.  Her story illustrates the state of Bhutan’s democracy, human rights, and justice. In 2009 she was convicted of treason. Since March her appeal was under consideration. On 10 October Bhutan's Supreme Court upheld her 15 year sentence. We were disheartened at the news. I am sure her family was devastated. In this posting I share my thoughts about Bhutan and the charges of treason. At the end I include a long message from an Indian acquaintance of Dechen. Dechen's brother also sent me a copy of the South Asian Human Rights Index 2008, which was critical of Bhutan's human rights record. If you have any comments that will help her family let me know, and I will pass the information on.

We are often asked if the Bhutanese are really happy. The question is motivated by Bhutan’s objective of achieving Gross National Happiness (GNH). Holding a citizen for treason may seem inconsistent with GNH. Balanced against GNH are Bhutan’s concerns with issues  such as corruption, human rights violations, and judicial independence.  The issues are no different from those faced by all countries, including those that focus on Gross National Product. In simplistic terms GNH calls on the country’s leadership to seek and adopt policies that increase the well-being of Bhutanese. We were reminded of Singapore that fines litterers, provided economic incentives to limit the number of births and now policies to promote more births, and outlawed chewing gum.

Bhutan’s democracy can be viewed as a component of GNH. Achieving democracy is a gradual process –Bhutan’s first Constitution was drafted in 2007, the ban against political parties was lifted in 2007, and the first national election was held in 2008. (Here is a link to a discussion of the development of GNH and democracy in Bhutan.) First lesson  in respect to Dechen – a national goal of GNH does not translate into happiness for  an individual citizen or guarantee that she will find government officials responsive to her concerns.

In Malaysia police reports are made when someone (normally a political figure) makes a comment that is considered “insensitive.” Demands that the person be charged with sedition may follow. Treason is a serious charge, but it may be based on acts that other governments would shrug off and ignore. The second lesson is that a government, especially in a young democracy, may be reluctant to change a course of action. Treason is a political charge and it may not be backed by consistent, reliable criteria.

Dechen  cannot rely on an international response to a possible human rights violation. Getting two possible international organizations to focus on any case is not easy: Amnesty International gets many requests and International Justice Mission, avocates for person subjected to slavery, torture, and sexual exploitation. Her case was brought to the attention of the United Nations Human Rights Commission. Bhutan’s response was the she could have gotten life imprisonment instead of the 15 year sentence. The next Universal Periodic Review (UPR) for Bhutan is scheduled for 2013. In Malaysia NGOs work together as COMANGO to monitor human rights and organize the stakeholders’ point of view for Malaysia’s UPR. No similar NGO mechanism exists in Bhutan. Bhutan has few NGOs and the ones that exist focus on development activities. Based on Malaysia’s experience, despite monitoring and active engagement NGOs' Human Rights voice may go unheard .Third lesson –NGOs that address human rights abuses have high demand limiting the number of persons they can help; UN Human Rights mechanisms don’t guaranteed access to stakeholders or responses by offending country.

Bhutan is a beautiful country with noble goals. Day to day it is no more noble than any other country. Because it is small, new, and allows open debate it offers an opportunity to explore social issues and the explorer has a unique opportunity to reflect on how problems occur and their solutions.

Here is a letter on the case from Durga Gurung:

First of all, honestly, we are inspired by the thought, addressed by your 5^th King on the National day 2010. Quote “There is a higher responsibility not written in any legal document but instead enshrined in humanity” National responsibility means upholding values such as integrity justice and compassion. A strong civil society is a fundamental pillars of democracy” . unquote.

As such, we the members of civil society from your closest and oldest friend, India, would like to share our views and sympathy toward the imprisonment of a social worker for the last 3 years. We are feeling sorry and would like to provide her some moral support on humanitarian ground.

In a remarkable twist of fate, Dechen Wangmo is incarcerated behind the bars. She has been slapped with treason charge. As far as we know, she was a gentle, modest woman, who has put up with great pain and humiliation and came through a terrible ordeal with her dignity and honor intact. We know her with honesty and integrity that are the hallmarks of her contributions as a social worker and her love for the country. She has no relation of ours, but then she is a relation of yours as a Bhutanese citizen. She is a relation of a lot of people as a global citizen.

It’s not at all clear to start with that the thing she has been exactly accused of having link with the people of your own people living in Jhapa has been really proved beyond doubt, although we never sensed her mingle with the refugee. Secondly, even if this were correct, that doesn’t amount to treason.

Thirdly, in exercising any kind of judgment, one has to take into account the character of the person. When treason usually takes the form of inciting people to violence or actually committing some violence and asking others to follow, one of which had happened, the whole thing seems a ridiculous use of law of GNH Country. She hasn’t killed anyone, nor incited anyone to rise in violent protest or rebellion; instead she was very dedicated social worker besides being successful entrepreneur, who provided jobs to jobless people. To turn the dedicated service of someone who drops everything to serve the cause of the society into a criminal is against the law of the human rights. Sentence of a social worker in jail is  “unjust” and “in human”. We had been reading and learning that justice system in Bhutan is by and large fair but it don’t seem to be in reality. You know, that “Justice delayed is not only justice denied”, but it also corruption enhanced. We are not suggesting that we overrule the judicial system in any way.

It is a huge perversion of the system of justice, particularly of the laws concerning treason. Many great leaders challenged the judiciary to uphold humanity. The first responsibility and duty of every individual and society is to bring justice. Justice can only prevail when the barriers to injustice are eliminated.

Any government that imprisons people unjustly invites citizens’ wrath. Bureaucrat should not be shared of taking decisions for fear of incurring the wrath of an investigating agency. Unfortunately, it will culminate in damaging the lives of innocent people. A good and faith judge must strive to determine what is right rather than who is right. The house of parliament is also people’s highest shrine of freedom in a true democracy. Where justice is denied, the whole system becomes an organized conspiracy to oppress its citizen. The imprisonment and dismissal of her bail please have definitely dented her social status. Except her immediate family members, there is nobody by her side. She has been isolated and neglected to face the humiliation alone. She has been shunned by her friends, Association, Authorities and the people with whom she worked to bring positive impact in the society. No one is sorry and concerned for her. It seemed like the end of the road once she is thrown behind the bars. Not a soul from her society has tried to convince that she is innocent to be charged on treason. It’s a severe blow to her faith in the efficacy of how essential her service is to the society.

In our country, although it’s known for more corruption, when an innocent person is imprisoned or treated unjustly, the rest of the society will protest and will be prepared to go to prison even. We have equally good and bad people but the strength of civil society and unity exist. It doesn’t seem to be same here in Bhutan, the last Sangrila!  Not a soul seems to be bothered. NGOs, Private Sector, youth and women groups should raise the voice against the injustice, mobilize and represent varied social and political interest or concern. Should raise voice and need to debate on your TV program “People Voice” if you want to infuse soul into a soulless people. You need to help her to heal the wound and grudge against the society for not doing anything to save her from pain and relentless humiliation.

What has she done to deserve jail without bail? Is there any evidence to show that she exercised her moral and social influence to excite others into crime? Should be given the discretion of bail under section 437 of the Criminal procedure Code as a woman and a mother, which liberally exercise in Indian Courts? Her fate will hopefully be decided in tune with the rule of law, where as in India and in other parts of the world human rights activists’ journalist, NGOs will come forward to fight for the Justice.

Let’s all consider ourselves as a global citizen and follow the teachings of M.K Gandhi as “Occasionally, standing up for a human rights and justice is more important than maintain peace”. Whenever someone stands for justice, he stands for humanity”. Will she going to be free again from the incarceration the charges and hopefully the stigma? Let’s move in the direction of harmony of non discrimination of social equality –hatred can never be removed by hatred. There will be nothing more encouraging in prison as learning that the people outside are supporting the cause for which they are inside. When the core group of countries, led by the US for the compassion and generosity with which they continue to resettle the people in the refugee camps, why not you try to solve the problem as well? You need to work together to maintain peace in the country. Why always leaving for outsiders’ to help? Why creating more grudge by imprisoning innocent people? You can never solve the biggest political, social and security challenge for Bhutan, if you continue to have negative thought and hate against the people living in the Camps? YES, we need drastic changes before even saying we are a GNH Country. GNH, a vision to aspire with practice but not for a “Showcase”.

“Guilty or innocent, you need to reinvent yourself with courage”. Be strong and have faith…

We will pray for you…Durga Gurung

Update: In August 2013 Dechen was released from prison. She is now an open air prisoner, Open air prisoners live a compound. Dechen describes it as a community of female inmates where they farm and weave.