2007 한국NGO학회 국제학술회의

아시아의 시민사회: 경험과 전망

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장소 : 서강대학교 국제회의실(다산관 101호)

일시 : 2007년 9월 7일(금) 13시 30분 - 18시 20분

주관 : 한국NGO학회

후원 : 삼성전자 ․ 교보생명

한 국 N G O 학 회

- 세 부 일 정 -

■ 개회식

13:30	등록

13:40	인사말 : 손혁재(한국 NGO학회 부회장)

13:50	축사

사회자: 안재웅(실업극복국민재단 상임이사)

■ 제1세션: “한국의 시민사회 전문가들이 본 아시아의 시민사회”   (14:00-15:10)

14:00  발표 1 : “글로벌리제이션 시대에  아시아 시민사회의 역할”

발표자 : 이정옥(대구가톨릭대)

14:30	발표 2 : “민주적 거버넌스의 제도화를 위한 아시아 시민사회의 과제"

발표자 : 박은홍(성공회대 아시아NGO정보센터 소장)

15:00  토론자1 : 차명제(동국대)

토론자2 : 차미경(아시아의친구들 대표)

■ 15:20 휴식

■ 제2세션: “아시아 활동가로부터 듣는 시민사회의 현실”        (15:30 -17: 40)

15:30	발표1 : “Child Labor in India – A chronicle problem”

발표자 : Tejpreet Singh (아주대)

15:50  발표2 : “Civil Society : Its Role in Conflict Resolution and Peace

Building in Nepal"

발표자 : Jeevan Baniya(아주대)

16:10	발표3 : “Civil Societies and NGOs Movements in Bangladesh”

발표자 : Mohammed Rashid Mamun(성공회대)

16:30	발표4 : “The Role of the NGOs and Civil Society in the Changing times:

the Philippines Experience"

발표자 : Jessica Umanos Soto(성공회대)

16:50	발표5 : “Civil Society and Ngo movement in Sri Lanka”

발표자 : Nilani Manthrinayake(성공회대)

17:10	토론자1 : Dhiraj Thapa(아주대)

토론자2 : 박상필(성공회대)

토론자3 : 전제성(전북대)

■ 17:40 종합토론

■ 18:20 종료

- Schedule -

■ Opening Ceremony

13:30	Registration

13:40	Opening Address

Hyeog-Jae Son(Vice-President, The Korean Association of NGO                          Studies)

13:50	Welcoming Address

Moderator: Jae-Woong Ahn(Director, Korea Foundation for Working                       Together)

■ Session 1(14:00-15:10)

“Asian Civil Society through Korean Perspective"

Presentations

14:00  Presentation 1: “The Role of Civil Society in Asia In the Age of                                Globalization”

Jung-Ok Lee(Prof., Catholic University of Daegu)

14:30	Presentation 2: "The Tasks of Asian Civil Society for Democratic	Governance"

Eun-hong Park(Director, Resource Center for Asian NGOs,                                      Sungkonghoe University)

Discussions

15:00 Myong-Jae Cha (Prof., Dongguk University)

Mi-Kyong Cha(Director, Friends of Asia)

■ Coffee Break

■ Session 2(15:30 -17: 40)

"Analysis of Asian Civil Society by Asian NGOs Activists"

Presentations

15:30 Presentation 1: "Child Labor in India – A chronicle problem"

Tejpreet Singh(Ajou University),

15:50 Presentation 2:“Civil Society : Its Role in Conflict Resolution and

Peace Building in Nepal"

Jeevan Baniya(Ajou University),

16:10 Presentation 3: “Civil Societies and NGOs Movements in Bangladesh”

Mohammed Rashid Mamun (Sungkonghoe University)

16:30 Presentation 4: “The Role of the NGOs and Civil Society in the

Changing times: the Philippines Experience"

Jessica Umanos Soto(Sungkonghoe University)

16:50 Presentation5: “Civil Society and Ngo movement in Sri Lanka”

Nilani Manthrinayake(Sungkonghoe University)

Discussions

17:10  Dhiraj Thapa(Ajou University)

Sang-Pil Park(Prof., Sungkonghoe University)

Je-Seong Jeon(Prof., Chonbuk National University)

■ 17:40 Plenary Discussion

■ 18:20 Closing Forum

- 목 차 -

1. 글로벌리제이션 시대에  아시아 시민사회의 역할	1

2. 민주적 거버넌스의 제도화를 위한 아시아 시민사회의 과제	14

3. Child Labor in India: A chronicle problem	25

4. Civil Society : Its Role in Conflict Resolution

and Peace Building in Nepal"	39

5. Civil Societies and NGOs Movements in Bangladesh	58

6. The Role of the NGOs and Civil Society in the

Changing times: the Philippines Experience	65

7. Civil Society and Ngo movement in Sri Lanka”	74

- Contents -

1. The Role of Civil Society in Asia In the Age of Globalization”	1

2. The Tasks of Asian Civil Society for Democratic Governance"	14

3. Child Labor in India: A chronicle problem	25

4. Civil Society : Its Role in Conflict Resolution

and Peace Building in Nepal"	39

5. Civil Societies and NGOs Movements in Bangladesh	58

6. The Role of the NGOs and Civil Society in the

Changing times: the Philippines Experience	65

7. Civil Society and Ngo movement in Sri Lanka”	74

■ 제1세션: “한국의 시민사회 전문가들이 본 아시아의 시민사회”

발표 1 : “글로벌리제이션 시대에  아시아 시민사회의 역할”

(이정옥 - 대구가톨릭대)

발표 2 : “민주적 거버넌스의 제도화를 위한 아시아 시민사회의 과제"

(박은홍 - 성공회대 아시아NGO정보센터 소장)

■ Session 1 : “Asian Civil Society through Korean Perspective"

Presentation 1 :

“The Role of Civil Society in Asia In the Age of Globalization”

- Jung-Ok Lee(Prof., Catholic University of Daegu)

Presentation 2 :

"The Tasks of Asian Civil Society for Democratic Governance"

- Eun-hong Park(Director, Resource Center for Asian NGOs, Sungkonghoe University)

세계화 시대에 아시아 시민사회의 역할

이정옥( 대구가톨릭대 교수, 사회학/ARENA 공동 대표 )

1. 세계체제 속의 아시아

1492년 신대륙 발견으로 모습을 드러내기 시작한 근대 세계체제의 형성과정에서 아시아는 유럽에서 발신하는 새로운 세계화의 흐름에 수세적으로 대응하는  입장이었다. 그 결과  아시아에서의 근대화는 식민지 경험과 동반되었기 때문에 근대화의 경험이 때로 ‘서구화’ 또는 식민통치의 잔재로 이해된 나머지  배척의 대상이 되거나 또는 집권 세력에 의해 지나치게 미화되는 경향이 있다. 근대화에 대한 이런 상반된 평가는 전통에 대한 평가에서도 마찬가지로 나타난다. ‘전통’이  무비판적인 것으로 미화되거나  전통이 근대적 발전에 걸림돌로 해석되어 무조건 배척되는 이분법적인 상황에 자주 연출된다. 아시아에서 근대화에 가장 성공적이라고 평가되는 일본의 경우를  보자. 일본은 극동에 있었기 때문에 상대적으로 유럽으로부터 발신되는 식민화의  물결에서 인도 등 남아시아나 동남아시아 여러 나라들 보다는 상대적으로 자유로웠다. 지정학적 위치가 준 ‘상대적 자유’를 일본은 ‘적극적 근대화’를 위한 시간 벌기로 사용한 결과 ‘ 탈아 입구’를 선언하고 서구 문물을 적극적으로 받아들였다. 소위 경제 대국으로 성장한 일본의 모델은 아시아는 물론 전 세계적으로 비서구국가의 근대화의 모델로 작용하였으며 그것은 아시아의 네 마리 용의 신화로 공고해졌다.

때로는 서구의 식민지 경험을 통해 때로는 주체적인 모방의 대상이 되면서 서구는 아시아 속에 들어와 있으며 아시아인들은 아시아의 역사, 아시아의 제도, 아시아의 경험 보다 서구의 그것에 사실상 더 친숙하다. 오늘날 지방에 사는 사람들이 서로 서울에 와서 만나는 것처럼 아시아인들은 서구를 통해 서로 만나왔다. 그런 의미에서 아시아는 세계체계의 한 부분으로 존재해왔다는 사실을  다시 확인하게 된다.

1990년대의 아시아는 경제적 차원에서 시장주의를 받아들였다는 점에서는 글로벌리제이션의 새로운 흐름에 편입되어 간 것이 사실이지만 정치적 차원에서는 오히려 민족주의가 대두되었고  냉전 시대의 이념적 지형도 그대로 유지된 상태이다. 더욱이 문화적으로는 ‘전통’을 강조하면서도 탈근대적인 소비문화는 다른 어느 지역보다 빠르게 확산되어 아시아 도시 전체가 급속하게 거대한 쇼핑몰이 되어가는 있는 실정이다. 더욱이 ‘중국’ ‘인도’라는 초거대국가, 일찍이 탈아 입구를 선택함으로써 스스로 아시아를 벗어나 세계 경제대국으로 부상한 일본과  전 세계에서 가장 빈곤한 국가가 함께 있는 지역이 아시아이다.

아시아의 다양성과 복합성에도 불구하고 세계화의 새로운 흐름은 지역 통합을 강조하고 이 있고 그런 흐름은 자연 아시아에도 영향을 미치어  최근 한국 안에서 뿐 아니라 아시아 전역에서 아시아에 대한 관심이 고조되고 있다는 것만은 사실이다.

사회운동의 차원에서도 예외가 아니어서 아시아 시민사회의 연대, 아시아 ngo의 지역 차원에서의 유엔에 대한 공동 대응의 목소리가 높아지고 있다. 그러나 여기서 다시 한번 짚고 넘어가야할 부분은 . 식민지 경험, 냉전시대의 경험, 탈냉전 시대의 경험이 밖으로부터 온 지진파였고 그에 대해 대응하는 사회운동의 논리도 밖으로부터 주어졌다는 사실이다. 탈 식민 담론, 전통의 재발견, 아시아의 재발견에 대한 논의가 오늘날 다시 부상하는 것 역시  글로벌리제이션 시대의 새로운 대안을 찾기 위한 서구 사회운동의 흐름과 맥이 닿아있다.  비엔나 인권회의, 리우환경회의, 베이징 여성회의에서 ngo는 국가와 나란히 유엔을 향하여 메시지를 발신할 수 있었고 세계화의 흐름에  참여, 주류화, 개입이라는 전략을 다양하게 구사하면서 ngo는 중요한 협치의  파트너로 부상하게 되었다. 신 사회 운동의 새로운 주체로 부상하게 된 ngo의  위상은 아시아에서는 다르게 나타난다.

세계체계의 변화의 흐름에서 아시아가 변화의 주체가 아니라 대상이기 때문에 아시아 사회에서 일어난 변화는 서구와 다를 뿐 아니라  변화의 흐름도 중층적이라는 사실을 심지어 사회운동의 차원에서도 자주 간과하게 된다. 식민지 경험, 냉전의 경험, 탈냉전의 경험이 주체적으로 해소되지 못하고 새롭게 다가오기 때문에 식민지 잔재 청산에 매달리는 사회운동의 흐름, 냉전시대의 문제에 대응하는 사회운동, 탈냉전 시대를 맞아 새롭게 제기되는 사회운동의 흐름이 아시아 사회에서는 서로 협력하여 합력을 만들어 내지 못하고 서로 경쟁적이 되거나 배타적이 되는 사례까지 나타난다. 또는 아시아 사회운동의 연대라는 맥락에서 여성운동의 연대, 노동운동의 연대, 환경운동의 연대, 인권운동의 연대가 자주 거론되지만 아시아 각 사회의 특수성에 따라 해당 운동단체의 성격이 서로 다르게 규정될 수 있다는 맥락읽기를  종종 간과하다. 당연하지만 잊고 잊는 사실, 즉 세계체제라는 맥락 속에 아시아 보다 구체적으로 아시아 ngo의 활동을 다시 자리 매김하기 위해 이글을 쓰고 생각을 함께 나누기 위해 이 자리에 온 것이다.

2. 글로벌 거버넌스와 NGO

NGO의 등장은 울리히 벡의 표현대로 글로발리제이션에 의해 20세기에 국민국가를 통해 달성한 복지국가라는 성과가 물거품이 되는 것을 경계하는 시민사회의 대응물인 것이다.  즉, 생산의 세계화를 통해 임금과 근로조건에 있어서 각종 규제조치를 마련한 서구의 복지국가의  성과물이 무력화되면서 외국인 노동자의 인권, 지구촌을 위험사회로 몰고 가는 환경  오염, 관료적인 국가기구의 비능률과 부패에 대응하기 위한 방편으로 등장한 것이다.

세계화의 경제적 차원이 WTO를 통해 제도화된다면 세계화의 정치적 차원은 ‘인권’의 글로벌 스탠더드를 확립하는 방식으로 제도화되고 있다. 인권의 글로벌 스탠더드가 국민국가 차원까지 제도화되는 데에는 NGO가 관여하게 된다. 새로운 글로벌 거버넌스는 글로벌 차원과 내셔날 차원, 정부 조직과 조직 간의 커뮤니케이션이 그 기초가 되며  자발적 조직으로부터의 자문,  협상,  네트워크, 파트너 쉽이 중요해진다.

인권의 글로벌 스탠더드가 제도화되는 과정은 아래 4가지 행위자의 상호 긴밀한 커뮤니케이션이 중요한 역할을 담당하였다.

<그림 1>

① 인권/인간안보 위협 상황 제기

② 글로벌 스탠더드 설정

③④ 글로벌 스탠더드에 관한 정보 공유

⑤ 글로벌 스탠더드에 맞는 국내법  입법 제안

⑥ 유엔 차원의 협약, 의정서

⑦ 협약 의정서에 대한 비준

⑧ 글로벌 스탠더드  검증

⑨ 글로벌 스탠더드 제도화 지원

UN 차원의 NGO 회의에서는 우선 유엔 차원에서 글로벌 스탠더드를 설정할 것을 요구한다. 이들 NGO의 요구를 받아들여 UN이 글로벌 스탠더드를 정하게 되면 각국의 NGO들은 해당 정부에 글로벌 스탠더드에 맞추어 법을 개정할 것을 요구한다.

인권이 글로벌 스탠더드로 제도화된 과정은 길다. 우선 UN은 1948년 세계인권선언을 선포하였으며  1965년에는 선언을 협약으로 제도화하였다. 1965년 유엔 총회는 모든 형태의 인종 차별에 대한 국제 협약을 채택하고, 각 국 정부는 협약의 의무에 따라 당사국의 국내법과 관행을 감시 보고하기로 하였다. 이후 유엔은 비준의 의무를 당사국의 보고에 한정하던 것에서 인권위원회의 설립하는 한편  특별 보고관 제도를 두어 인권 침해를 당한 당사자, 지역, 사건에 대한 평가 보고서를 인권 위원회에 제출하고 상황 개선을 위한 조치를  취할 수 있게 했다. 특별 보고관 제도는 협약, 동의와 관계없이 이루어진다는 점에서 본질적으로 협약을  넘는 제도이다.

인권에 대한 글로벌 스탠더드가 제도화되는 과정에서 NGO는 국제회의와 국제적 조약의 제정과 실시 과정에 관여할 뿐 만 아니라 개별 국민 국가 내에서의 인권 문제에 개입하게 된다. 뿐 만 아니라 인권 조약의 시행과정에서 정부 보고서에 대한  카운터 보고서를 작성하여 정부 보고서의 잘못 또는 부정확을 시정하면서 조약 실시에 관한 올바른 정보를 전달하는 역할을 맡게 된다.

1990년대부터 국내외적으로 NGO의 영향력은 급증해  왔다. 국제사회에 관심을 집중시키고 있는 NGO가  1990년대 들어  약 6천 개에서  2만 6천 개로 늘어났다. 숫자만 늘어난 것이 아니라 그들이  엄청난 예산을 해마다 집행하고 있다.  ‘ 자연을 위한  세계기금  (World Wide Fund for Nature ),과  같은 것은 연간 예산이 500만 달러에 이르고 여기서 일하는 사람 수가 1천 142명이나 된다. 엠네스티 인터내셔날은  세계 162개국 지부에 예산이 120만 달러, “지구의 친구들”은 58개국 지부에 100만 달러이다. NGO의 예산이 한 국가의 예산을 넘는 경우도 나타났다.

수와 규모 뿐 아니라 NGO의 실질적인 활동은 각 국의 정책 결정보다 상위에 서는 경우도 있다. 1997년 12월  대인 지뢰 금지를 위한 오타와 협정은  세계 60개국 NGO 대표들의  지칠 줄 모르는 노력의 결과이다. 그 뿐인가 1992년 리우 환경정상회담 이후 NGO는 세계은행의 금융전략의 궤도 수정을 강요했고 유엔에 고등 인권 판무관의 자리를 마련했으며 경제개발협력기구(OECD)의 다자간 투자협정( MAI)조인을 저지하는 한편 1999년 시애틀에서 열린 세계무역기구(WTO)의 밀레니엄라운드 승인을 유보시킨 바 있다. 인권과 개발 환경 등의 문제에 대한 글로벌 거버넌스의 실질적인 축으로 부상하고 있는 것이 NGO이다.

NGO의 영향이 커지면서 NGO가 비난의 대상으로 삼았던 다국적 기업, 정부, 국제기구와  같은 잘못을 범하고 있다는 지적이 조심스럽게 제기되고 있다. 투명성, 책임성, 대표성의 문제를 비롯, NGO를  감시하는 또 다른 NGO의 등장 문제까지가 조심스럽게 거론되고 있다.

국가, 시민사회, 시장의 삼자간 균형관계에서 NGO가 취하는 입장은 국가에 따라 다르게 나타난다. 정당,  노동조합, 이익단체 등의 시민사회 기구를 토대로 한  협치 체제를 갖추고 있는 서구의 민주국가에서 NGO는 시장에 의해 포위당하고 있는 국가에 힘을 더하기 위해  기존에 조직되지 않은 부분을 확대 강화하는 방식으로 나타난다. 반면에 국가가 시민사회의 동의에  기반을 두지 않고 있는 권위주의적 국가인 경우  대부분 시민사회는 국가기구의 민주화를 목표로 하면서 국가 기구와 시민사회가 대립적이 되게 된다. 아시아 대부분의 국가는 시민사회 또는 NGO와  대립적인 입장을 취하게 된다.

3. 아시아에서의 시민사회와  NGO

1990년대에 등장하게 된 시민사회 시민운동을 아시아적 맥락에서 다시 성찰해 보고자 한다. 유럽에서 시민사회는 시민혁명과 불가분의 관계를 지니며 근대국가의 등장, 근대국가의 민주적 기반으로 여겨져 왔다. 시민사회는 국가를 견제할 수 있는 더 큰 범위의 독자적인 공공의 영역을 의미한다. 시민사회는 국가 기구를 견제하거나 시민사회의 요구에 맞게 길들여가려는 의지를 담게 된다. 시민사회의 요구는 때로 정당을 통해 제도화되기도 하고 국가 기구에 의해 수용되기도 하지만 시민사회는 국가와 구별되는 독립적이고 자율적인 영역을 구축함으로써 존재의 기반을 얻는 경계선에 위치하고 있다.

한국에서 시민운동 시민사회는 문민정부의 출범 민주화 운동과 궤적을 같이 한다. 시민운동 단체로 여성단체 연합이 1987년에 결성되었으며 그 후 환경운동, 경제 정의, 참여민주주의 , 반부패 등의 다양한 의제를 설정하며 급속하게 발전하였다. 시민단체는 권력 감시, 정책제안 등을 통해 감시자이자 때로는 국가권력의 협치자로 성장해 왔다. 한국에서와는 달리  민주화가 이루어지지 않은 다른 아시아 사회에 시민운동의 위상은 다르게 읽힐 수 있다.

특히 우리와 다른 상황에서 시민사회의 개념을 맞아하게 된 중국에서의 시민사회에 대한 해석은 주목의 대상이 된다. 1990년대의 중국에서 시민사회 담론은 국가와 구별되는 영역으로 부상하여 국가와 시민사회에 대한 이분법적 담론이 유행하게 되었지만 시민사회라는 개념이 미디어에 의해 소비사회로 치환되어 버렸다는 한 중국 지식인의 고백은 시민사회 담론의 등장의 맥락을 다시 읽게 만든다. 즉 중국에서는 신자유주의 시장주의가 진보 전복 반제도 시민사회에 속하는 것으로 읽혀지고 있다. ( Dai Jin Hwa, 2007) 199O년대에 ‘시민사회’에 대한 담론이 부상하게 된 이유를 국가 권력에 대항했던 폴란드 자유노조 운동에 대한 이론적 지원을 위한 것이었다는 지적은 눈여겨 볼만하다. 또한 시민사회라는 개념 자체는 서구 근대국가의 산물이라는 점에서 아시아의 맥락에서는 다르게 해석되어야 하며 서구에서도 ‘ 시민’은 시민이 되지 못한 계층을 배제하는 선택적인 의미를 담고 있었기 때문에 오늘날에도 ‘시민’ ‘시민권’의 개념에는 외국인 이주 노동자 등에 대한 배제적 의미가 내포할 수 있다는 성찰을 담아야 한다는 지적은 옳다고 본다.( 무토 이치요, 2007)

시민사회의 논의와 함께 1990년대에 새롭게 부상된 개념이 NGO이다. NGO의 개념이 유엔에 대한 로비력을 가지고 있는 단체를 의미하기 때문에 아시아에서 NGO는 영어를 잘 구사하고  외국 기금 지원을 받는 것과 연계된 이미지를 지니고 있다. 국가의 복지체계가  해체되면서 중국에서는 외국기금의 지원을 받는 여성 단체들이 우후죽순 격으로 1990년데 설립되었다고 한다. 물론 외국 기금을 받지 않고 구 사회 운동의 관료제에 도전하고 새로운 사회변동에 기민하게 대응하는 이미지로서의 NGO도 공존하고 있다. 개발정책에 항거해서 나타나는 아시아 각국의 지역주민운동이 세계화 시대의 새로운 사회운동의 주체로서의 NGO와 결합할 때 대안운동으로 발전해 나가는 긍정적인 사례도 볼 수 있다.

시민단체 NGO의 등장 맥락 특정 국가에서 해당 단체에 대해 형성된 사회적 이미지가 다른 것은 룰론 사회운동의 맥락도 다르다. 서구의 사회운동은  노동운동, 정당운동, NGO 운동, 소비자 운동 등으로 변화해 오면서  구 사회운동과 신 사회운동이 서로 누진적으로  발전해오고 있는 데 비해 아시아에서의 사회운동의 다양한 사회운동의 공존과 때로는  경쟁으로  나타나기도 한다. 유럽이 1960년대의 신 좌파 운동을 거쳐 국가 권력에 대한 도전에서 여성운동과 환경운동이라는 신 사회 운동 영역을 개척하여 생활세계의 민주화 소비자 운동으로 영역을 확대하여 신자유주의에 대한 대안운동으로 발전해 간 반면 아시아에서는 구 사회운동과 신 사회 운동이 분화되어 있고 신자유주의 시대에 대응하는 대안운동 소비자 운동의 틀이 아직 마련되지 않고 있는 상태이다. 중국에서는 1980년대의 이상주의가 1990년대의 소비주의로 이어지고 있다고 한다. 일본에서는 구사회 운동이 지역에서의 개발주의에 반대하는 생존권운동으로 다시 생활 협동조합운동, 정치 참여운동으로 발전으로 계승되고 있다.

아시아 각국의 시민사회는 민주화운동단체, 신자유주의적 세계화로 인해 생존권을 지키려는 노동자 농민의 민중운동 단체, 신 사회운동인 여성운동, 환경운동 단체 등으로 분화되어 있다.

이들 사회운동 단체들은 1) 해당 국가의 정부에 대한 입장 2) 세계화에 대한 입장 3) 인권에 대한 입장에서 각각 견해를 달리하거나 상호 충돌하는 경우가 많다. 아시아에서 민주화운동이 제도화된 민주화 정부들이 출현한 것은 1980년대 후반 1990년대에 들어서면서부터이다. 민주화 정부는 신자유주의 정책을 수용하고 있다. 이러한 입장은 민주화운동 단체와 신자유주의에 반대하여 생존권 투쟁을 벌이는 민중운동 단체와 대립을 초래하기도 한다. 또한 전통과 공동체적 의리를 앞세우는 기존의 사회운동단체들은 여성을 근대적 개인으로서의 주체로 앞세우는 여성운동에 대해 ‘서구적’이라는 낙인을 찍기도 한다. 민족주의적 부국강병의 논리를 지지하는 입장은 환경보호론과 충돌하기도 한다.

뿐만 아니라 아시아 대부분의 국가들은 근대에 들어서 새로운 사회변동의 주체가 아니라  대상이었기 때문에 과거와 현재 미래의 문제를 동시에 끌어안게 된다. 식민지시대와 냉전시대의 문제가 논의의 대상이 되기도 전에 세계화의 과제가 부과된다. 이른바 비동시성의 동시적 교착 상태에 빠지게 된다. 비동시성의 동시성이라는 교착 상태에 빠지게 되면 각각의 문제를 해결하고자 하는 주체적 대응의 논리가 각 부문의 우리에 갇힌 채 전체에 대한 반향을 잃게 된다. 더구나 이런 독백 상태를 ‘다양성’의 공존이라는 포스트 모던적인 정당화를 통해 당연시하는 위험에 빠지게 된다. 이러한 무간섭의 공존을 벗어나는 방법은 사회운동의 연대이다.

3. 아시아에서의 시민사회의 발전과 사회운동의 연대

1) 민주화운동

아시아 사회운동은 민족 독립운동, 민주화운동 등의 역사를 통해 국가 권력과 대립적인 입장을 취해왔다.  구 사회 운동이 강조하는 ‘ 국제주의’의 입장 에서는 민족해방운동 독립운동의 차원에서 국제연대가 활발히 이루어졌으나 ‘민주화 운동’에 대한 아시아 차원의 연대는 각 국의 민주화의 정도에 제약을 받아왔다. 아시아에서의 민주화 운동 연대는 권위주의 정권에 의해 양산된 양심수에 대한 지원과  권위주의 정권 해체를 촉진시키는  운동으로  집약되었다. 필리핀의 마르코스 대통령의 하야와 코라손 아키노 대통령의 집권, 한국에서의 김영삼 정권을 필두로 한 문민정권의 탄생, 대만에서의 정권교체, 인도네시아에서의 수하르토의 퇴진, 스리랑카에서의 정권교체 등의 아시아 민주화 운동의 가시적인 성과는 1980년대 후반을 기점으로 하여 현재까지 진행 중인 상태이다. 아직도 말레이지아, 미얀마  등에서는 권위주의 정권에 의해 양산되고 있는 양심수에 대한 지원 요청이 쇄도하고 있는 상태이다.

짧은 기간동안 급격하게 이루어지고 있는 아시아에서의 문민정권, 민주화 운동 정권의 탄생은 그러나 세계화의 거센 흐름 속에 다가오고 있는 시장 개방의 압력에 대한 대응의 면에서는 아직 그 성과가 가시화 되지 않고 있는 상태이다. 실제로는 시장경제와 민주주의를  동전의 양면으로 보고 있기 때문에 80년대 후반부터 등장한 아시아에서의 민주정부들은  시장경제에 대해  적극적인 입장이다. 세계화에 대한 아시아 시민사회의 입장은 초기에는  민주화 등 다른 사회적 과제가 우선하였기 때문에 적극적인 의제로 채택되지 않았다. 그러나  1997년 아시아 사회에 닥친  외환 위기를 계기로 세계화의 폐해에 대한  관심이 고조되고 있다. 세계화의 문제점에 대응하고 있는 서구 각국이 국가와 정당 의회,  노동조합, 시민사회의 협력을 통해 적절한 규제를 마련해 가고 있는 데  비해 아직 아시아에서는 세계화에 대해 국가 기구와 시민사회 영역이 협력적인 입장에 있지는 않다. 게다가 아시아 각국은  아직은 권위주의 정권에서 민주 정권으로의 이행이라는 사회적 과제를 달성해야 하는 상황에 있고 민주 정권을 이룩한 나라들은 국가 기구의 효율성, 부패 등의 보다 실질적인 차원의 민주화라는 거대한 과제를 눈앞에 두고 있다.

이미 필리핀, 인도네시아 등에서 민주화 운동을 통해 등장한 정권이 부패 문제로 인해 퇴진을 한 상태이고  한국과 방콕 등에서는 시민들이 선거 부패 문제 관심을 기울여 후보자 선정 등에 개입하여 정당의 민주화 등의 보다 실질적인 민주화 과제에 관심을 기울이고 있다. 아시아 사회에서의 민주화라는 과제는 아직도 시민사회에서 중요 부분을 차지하고 있다고 볼 수 있다. 가까운 이웃 나라에서 일어나고 있는 경험이 아시아 지역 내의 다른 나라에  재빠르게 소개됨으로써 운동의 경험을 공유하여 시행착오 줄이고자 하는 경향을 나타낸다.

2) 노동운동

공업화의 정도와 비례하는 노동운동의 발달은 아시아의 공업화가 국가 주도적인 기획에 의해 이루어졌다는 점에서 상대적으로 국가의 통제력의 영향이 큰 영역이다. 특히 수출 지향적 공업화를 통해 신흥공업국으로의 변화를 국가 차원에서 주도했던 나라들은 국가가 노동운동을 적극적으로 억압하고 통제하는 것이 일반적이다. 외국자본이 유입된 자유무역 지대에서의 노조 설립을 허용하지 않은 것이 중요한 투자 조건으로 제시되고 있으며 아시아  각국은 자유무역 지대 외에서도 민주적인 노동조합 운동이 억압되고 있는 실정이다. 아시아의 네 마리 용 중의 하나였던 한국에서는 1987년 이후  마산 창원 등의 수출 자유 지역에서 민주 노조 설립이 가능하였고 민주 노조의  합법화를 위한 운동은 1990년대 이후의 중요한 과제였다. 1997년 외환 위기 이후에  구조 조정으로 인한 대량 실업 문제가 대두하면서 민주 노동조합은 세계화, 시장 개방과 관련한 정책의 면에서 민주 정부와 가장 첨예하게 대립되고 있는 부문이다.

한국에서의 노동운동을 통한 노동조건의 향상과 노동조합 설립이 합법화되자 한국의 많은 공장들은 저임 노동력을 찾아 아시아로 이전하게 되었다. 즉, 아시아 내의 특정 국가에서의 노동운동과 노동조건의 향상은 다른 나라로의 자본철수로 이어지는 것을 볼 수 있으며  특정 국가에서의 노동운동의 과제는 아시아 전체의 노동운동의 과제와는 다르게 진행하는 것을 알 수 있다. 한국 대만 일본 등에서 외국인 노동자의 인권 문제가 중요한 시민운동으로 자리 잡았지만 그것이 노동운동의 과제로 편입되지는 않았다. 대체로 외국인 노동자의 문제나 나라  밖의 다국적 기업의 노동 인권과 환경 침해에 대한 감시는 시민운동의 차원에서 제기되고 노동조합운동은 노동조건의 향상, 노동조합운동의 합법화에 모아지고 있는 실정이다.

아시아 지역 내의 해외 진출 기업 또는 아시아 다국적 기업의 등장은 1980년대 후반부터 가속화되었다. 1980년 대 부터 중국과 베트남 등이 사회주의 경제로부터 시장경제로 이행하고 고속 성장을 거듭해 온 아시아의 신흥공업국 내에서 노동운동에 대한 요구를 더 이상 효율적으로 국가가 통제할 수 없게 되자 아시아에서 상대적으로 공업화의 수준이 낮은 국가로의  공장 이전이  활발하게 이루어졌다. 저임 노동력을 찾아 이루어진 세계적 차원의 분업의 촉진은 한편으로 공장 이출국에서는 실업이라는 사회문제를 낳게 되고 공장 이입국에서는 저임금 장시간 노동이라는  노동 인권 탄압의 문제가 제기되었다.  공장을 이출 당하는 입장에 있던 유럽의 시민사회의 입장에서는 실업의 문제,  노동 인권을 무역과 연계하는 블루라운드의 제기 등이 지구촌 시민사회 건설을 위한 과제였다면 아시아 시민사회에서는 초기에는 유럽 시민사회의 요구를 배부른 자의 사치로 응수하였다.

그러나 자유무역 지대에서의 노동 인권 탄압이 가시화되고 아동 노동의 문제, 노동 복지의 문제 등이 지속적으로 제기되면서 아시아 지역 내에서도 노동 인권에 대한 관심이 고조되게 되었다. 특히 아시아 지역 내에서 이루어지는 공장 이전에 따른 체불 임금의 문제, 고용의 안정성의 문제에 대한 경각심이 높아지면서 아시아 지역 내의 노동자들의 연대가 활발해지고  있다. 아시아 지역 내의 연대의 사례로는 우선 다국적 기업 진출국의 시민 단체 또는 민주적인 노동조합과 자유무역 지대의  노동자들과의 연대의 사례를  들 수 있다.

다국적 기업의 해외 진출은 아시아 지역 내의 연대를 어렵게 하기도 한다. 상대적으로  노동 인권과 환경 친화성에 대한 사회적 감시가 소홀한 지역으로의 공장 이전은  특정 국가 내에서 기존의 노동운동 성과를 약화시킬 가능성이 있다. 그러나 아시아 지역 내에서의 노동운동의 발달은 상대적으로 단기간에 압축적으로 강도 높은 저항을 동반하며 이루어진 것이 보통이기 때문에 신흥공업국으로 발돋움하는 다른 나라와 갈등적이거나 적대적인 경우보다는 협동적인 사례가 더 많이 나타난다. 노동운동의 역사가 짧고 아직은 노동운동의 제도화, 노동운동의 정치화가 이루어지지 않은 상태이기 때문에 초기 노동조합 운동을 하고 있는 나라들에 대한 이해와 연대가 앞서는 편이다. 일본의 시민운동 단체인 진출 기업을 생각하는 모임에서는 한국에 진출한 일본 기업의 자본 철수에 따르는 임금과 퇴직금 체불 등에 항의하는 연대 운동을 공동으로 조직하여 연대 활동을 성공적으로 이끈 사례가 여럿 있다.  일본 이외에도 한국과 대만에서도 아직은 민주 노조 운동의 합법화 단계에 있는 상태로 아시아 다른 지역에서의 노조 설립을 위한  갈등이 발생했을 때 기꺼이 연대한 경우를 보인다. 한국의 원진레이온 공장에서 사용하던 기계가 중국에 이전되면서 원진레이온 노조 활동가들은 중국 측에 원진 레이온 기계가 가져올 재해를 경고하고 공동 노력을 기울인 바 있다.  이외에도 외국인 노동자의 산재 보상, 처우의 안정성 문제를 전문으로 다루는 시민운동 단체들이 늘어나고 있다.

3) 환경운동

신흥공업국 붐이라고 일컬을 수 있는  흐름이 아시아 각국을 사로잡았기 때문에 환경문제에 대한 관심은 초기에는  환경오염에 따른 산업 재해에 대한 관심으로 한정되었다. 공업화의 선두 주자였던 일본에서 1970년대의 미나미타, 이따이 이따이 병이  발병하면서 오염에 따른 산업 질병의 문제가 사회 운동의 관심으로 대두되었다. 일본의 뒤를 이어 한국도 온산 울산 지역 등에서 공해병에 대한 보고가 이루어지면서 공해문제에 대한 사회적 관심이 고조되었다. 초기의 환경운동은 산업재해로 이어지는 공해추방의 차원이었다. 산업 재해에 대한  관심은 대기오염, 수질오염에 대한 경각심을 높였으며 환경 파괴적인 개발 일반에 대한 시민사회의 관심을 고조시켰다. 따라서 노동 인권의 문제와 마찬가지로 처음에는 구미와 대립적인 입장을 보였던 그린 라운드 등의 채택에 대해서 아시아 시민사회 운동에서 수용해 가는 입장으로 선회하고 있다.

최근에는 아시아 각국에서 댐 건설 반대운동에 환경 운동 단체들이 앞장서고 있다. 한국에서는  자연 자원과 역사 자원 보호를 위해 동강댐 건설을 반대하여 시민의 힘으로 정부에서 입안된 정책에 개입하여 댐건설을  유보시킨 사례가 있다. 그러나 동강 댐의 성공 사례가 개발 일변도의 전반적인 정책 기조에 변화를 주기는 어려웠다. 왜냐하면 동강댐 저지 성공을 자축하기도 전에 새만금 방조제  문제가 대두되었기 때문이다. 새만금 방조제 건설은  갯벌을 농지로 바꾸려는 정책으로 갯벌 생산성과 농지 생산성에 대한 서로 다른 이견이 좁혀지지 않았고 더구나 개발에서 소외된 지역에서의 개발 과정에서 투입된 자본에 의한 지역 경제의 활성화를  예상하는 지역 주민의 의견 등을 설득하지 못하고 있는 실정이다.

한국 외에도 태국의 박문댐, 인도의 나르마다 댐 건설에 반대하는 주민들의 거센 시위가 아시아 지역에 가시화 되고 있다. 특히 나르마다 댐의 경우에는 댐에 의해 수몰될 마을 사람들 자신들이 마을의 역사와 삶을 보존하기 위해 목숨을 걸고 투쟁하고 있으며 그러한 마을 사람들의 투쟁 의지가 전 세계적인 이목을 집중하여 환경 파괴적인 개발 정책 일반에 대한 반성을 촉구하였다는 점에서 시사적이다.

4) 여성 인권 연대와 평화 운동

아시아에서 안보 평화 문제는 시민사회가 넘볼 수 없는 국가의 영역이었다. 유럽에서는  1989년을 기점으로 탈 냉전기가 전개되면서 헬싱키 선언 등 군축과 평화에 대한 관심이 시민사회에서 고조되고 있을 때 조차 아시아에서는 아직 시민사회 내에서 평화 운동이 일반화되지 않은 실정이었다. 아시아에서 반전 평화의 운동의 물꼬를 튼 것은 ‘국가 성폭력의 피해자’로서 가장 오랫동안 억압당해왔던 여성들이었다. 아시아에서의 평화 운동의 시작은  원폭 피해에 대한 일본 시민사회의 반핵운동을 시작으로 이루어졌다. 일본에서의 반핵 평화 운동이 아시아에서의 평화 운동의 선두였지만 전쟁 가해국이 가해의 대가로 당한 폭력에 대해 특히 아시아 사회의 연대는 냉담한 편이었다. 일본의 반핵 평화 운동의 연대가 주로 유럽과 이루어지고 아시아에서는 연대에 한계가 있었던 이유는 일본 자신이 가해자로서의 책임에 대한 아시아 시민사회에서의 일정한 입장 정리가 이루어지지 않았기 때문이다. 일본을 대표하는 쿠로자와 아키라 감독의 영화도 원폭 피해를 호소하고 있고 대표적인 문인들도 일본이 당한 전쟁의 피해 문제에 대해서는 민감하였지만 상대적으로 피해국의 문제에 대해서는 둔감한 것이 현실이었다.

제2차 세계대전의 가해국에 대한 민간인 차원의 배상 요구, 책임 있는 당국자의 사과 요구가 범 아시아 차원의 연대를 이룩하고 세계적 차원의 주목을 받게 된 것은 ‘정신대’ 여성들의 연대를 통해서 비로소 가능했다. 성폭력 반대에 대한 페미니즘의 관심이 국제사회에서 고조된 가운데 국가 차원에서 이루어진 성폭력의 문제는 국제 사회의 이목을 집중시키는데 성공(?) 하였다. ‘정신대’ 여성들에 대한 일본의 국가 차원의 배상과  사죄를 요구한 운동을 통해 제2차 대전의 피해 여성들간의 아시아 연대가 형성되어 1995년 북경 여성 대회,  2000년 뻬이징 플러스 화이브 세계 여성 대회 등에서 지속적으로 문제 제기를 하고 있다.  또한 ‘정신대’ 여성에 대한 배상과 일본 당국의 전쟁 책임에 대하여 국제 사법 재판소, 유엔 인권위원회 등에 제소해 놓고 있는 상태이다. 아시아에서의 피해를 세계적 차원의 운동인 여성 운동의 언어인 성폭력의 문제로 번역했을 때 비로소 세계 언론의 주목을 받게 된 것이다. 아시아 여성 연대가 가능했던 배경 역시 각국 내의 여성운동계의 지원에  의해 전쟁과 성폭력에 대한 반감의 확산이라는 사회적 분위기와 맞물려 제기되고 있다.

제2차 대전 당시에 일어난 국가 성폭력의 문제가 오랫동안 억압당해왔던 이유는 세계체계의 변화가 외부로부터 주어졌기 때문이다. 제2차 세계대전의 피해국이 전승국이었기 때문에 구미에서의  전후 처리는 적극적으로 이루어진 반면 아시아에서의 제2차대전은 피해국이 전승국이 되는 상황이 아니었다. 가해국이었던 일본이 아시아 전체에서 전후에도 아시아에서 경제발전의 선두자리를 차지하고 점령국인 미국과 공조체제를 구축했기 때문에 사실상 일본은 아시아에서 전승국의 입장에 있었던 셈이다. 게다가 아시아의 전쟁 피해국들이 수출 지향적 공업화의 과정에서 가해국에 대해 경제적으로 의존적이었기 문제가 제기되지 않거나 혹은 시민사회의 대표성과는 관계없는 권위주의 정부는 일본 정부와의 협상을 통해 식민지 피해와 전쟁 피해 보상 문제를 일괄 타결하였으며 한국이 그 대표적인 사례이다.

5) 소비자 운동: 생협운동

1 내가 만난 마츠이  야요리

11월에 서울에서 있을 ‘민주주의와 여성’ 포럼에 참가를 부탁하느라 그녀에게 연락을 취했다. 아프다는 답이 왔다. 내 머리 속에 있는 마츠이 야요리 상은 아플 수 없는 사람이었다. 1995년 북경 여성 대회에서 그녀는 아시아 여성들이 당하는 인신매매 문제를 목청껏 고발하고 있었다. 그녀는 한국의  정신대 할머니 문제를 토론하는 자리에는 언제나 함께 하였고 같이 아리랑도 부르고  탈춤도 추었다.

‘정신대’ 할머니 문제를 고민하는 동안 그녀는 이 문제를 전쟁과 여성, 폭력이라는 일반적인 주제로 확대하여 세계적인 네트워크를 만들었고 2000년 동경에서는 일본 천황을 전범으로 고발하고 전범이라는 판결을 받아내었다. ( 비록 시민 법정이었지만 그녀는 그것을  진짜 법정보다 더 법정답게  조직하였다.  ) 동경 법정 이후 그녀가 일본 사회에서 받았던 협박과  위협을 털어놓을 때도 그녀는 웃고 있었다. ‘한국의 여성운동이 공부는 하지 않고 행동만 하는데 일본 여성운동은 공부만 하지 행동은 없다’고 했던 그녀의 말을 비롯 ‘한국 운동권은 너무 민족주의적이다,’ ‘한국 통일 운동은 왜 북한 인권 문제를 거론하지 않느냐’는 등 그녀는  눈치를 보지 않고 필요할 때 마다 인기 없는 발언을 도맡아 하였다. 그녀만이 정치적 오해를 고려하지 않고 우정 어린 단 매를 줄 수 있었다.

그녀의  직설화법은 항상 이면의 수군거림을 만들어 내었지만 내가 아는 그녀는 그것을 개의치 않았다. 내가 개인적으로 아는 일본의 진보적 지식인 남성들도 은근히 그녀의 뒤에서는 마츠이 상은 왜 항상 여성 문제만 전면에 내세우는가라고  할 정도로 그녀는  해야 할 말을 항상하는 사람이었다. 그 뿐인가 페미니즘을 서구에서 배우고 돌아온 일본의 젊은 여성학자들은  그녀가 지나치게 아시아적, 일본적이라는 비난을 할 때도 그녀는 정면에서 논쟁을 피한 적이 없었다.  그녀는 남들이 차마 하기 어려운 말과 행동을 항상 웃으면서 단순하고 명쾌한 언어로 말했다.

복잡한 국제회의에서 그녀가 말을 하면 모두 주목했고 그녀의 말은 단순하면서 늘 폐부를  찔렀다.

그녀의 병세를 전해들은 수많은 아시아의 친구들과 함께 우리는 서양의학의 한계,  의학의 기적을 믿고 또 빌어본다. 아시아의 페미니스트인 마츠이 야요리의 생애 고백을 함께 나누고 싶어 그녀가 보내온 영문 편지를 번역 소개한다.

사랑하는 친구들에게

2002년 10월에  보내는 고통스러운  메시지

오늘 저는  제 인생에 여러 가지로  여러 시기에  지지를 보내주었던  친구들에게

고통스러운 소식을 전하지 않을 수 없습니다.  이 달 초 아프카니스탄에 방문했을 때  몸에 이상이 생긴 것을 알고 예정을 바꾸어 좀 일찍 병원에 검사를 하기 위해  일본으로 돌아왔습니다.  병원에서 암이  만기가 되었다는 것과  치료 불가능하다는  진단을  받았습니다.

올 여름에 저는 여러 나라에서 열린 국제회의에 참석했습니다.  8월에 저는 몽고의 초원에서 승마를 즐겼고  이 달 초에는 카불에  가는 길에 이슬라마바드에서  수영을 하기도 했습니다.  저는 아무 증상도 못 느꼈지만  저의 간은  수년간에 걸쳐  서서히 감염되었습니다.

저는 적어도  10년은 더 살았으면  했습니다. 게다가 여러분들을 이 투쟁의 와중에 두고 떠난다고  생각하니  마음이 편치 않습니다.  지금 심정은 마치 천재 지변을 당한 것 같습니다.   그렇지만 이제는 평정을 찾고  68년 간의 제  치열한 삶을 고려하여  조금 일찍 휴식을 주려는 신의 섭리로 알고  이 운명을 받아들이고자 합니다.

여러 분들의 도움으로  의미 있는 삶을 영위할 수 있었기 때문에  마음이 평온할 수 있습니다.  특히 제가 주도했던 2000년  여성 전범  재판이  무사히 마무리되고  2001년 헤이그에서 역사적으로 의미 있는 판결을 이끌어 내게 된 것을  큰 위안으로 심고 있습니다.  여러분 모두 이 판결을 최대로 활용하여   재판의 의미를 전 세계로 전하시기를 빕니다.

일본 언론은 이 재판과 판결의 역사적 의미를  무시했을 뿐 아니라 공영 방송인 NHK는  이 재판의 의미를 왜곡하는  프로그램을 방영했습니다.  여러분이 아시다시피 우리는  사실 왜곡 부분에 대한 NHK의  책임을  밝히는 소송을  제기해 놓은 상태입니다. 저는 이 분쟁의  제소자로서  책임을 다 완수하지 못하는 것을    깊이 뉘우치고 있습니다.

NHK 소송에 대한 여러분의  지속적인  지원을 부탁드립니다.

아사히 신문 기자로서  여성운동가로서  지난 30년 동안  개입해 왔던 아시아 문제를 돌아보면서  저는 제가 방문했던   아시아 여러 나라들의  막강한 여성들과의  만남을 통해 영감을 얻고 격려를 받았다는 사실을 다시금 새롭게 깨닫게 됩니다.  이제 아시아 도처에서 만난 젊은 일본인 여성들이  제 책과 강연을 통해 아시아에서 활동하게 되었노라고  말하는 것을 들을 때  제 인생을  긍정적으로 보게 됩니다.  독립적인   페미니스트로서의 제 삶의 궤적이  여러 여성들에게 자극이 되어 성 차별적인 사회를 변화시켜  나가게  했다고 생각할 때 생의 보람을 느낍니다.

물론  배신, 몰이해, 박해,  폭력으로  마음을 상했던 순간들이  있었다는 것을  인정합니다.  이제 이런 시절은 먼 과거로 묻혔습니다.  저는 사회에서 가장 비참하고 버려진 사람들 편에 서서 권력자들과 싸워왔다는 것에 제 생애의   가장 큰 자부심을 느낍니다.    신문에 칼럼을 쓸 때는 ‘불꽃’이라는 필명을 썼고    제가 내는 잡지에 글을 쓸 때는  수가 아키코라는 이름을 썼습니다.  수가 아키코는 메이지 시대의 혁명적인 두 여성의 이름을 합성한 것으로  차별과 착취,   불의와 싸워 나가기 위해 제 마음을 다잡기 위해  만든 이름입니다.  제 생애는  불의에 대한 분노와 격정에 이끌려 행동하는 인생이었습니다.  저는 공직이나 권력 있는 직책에  제의를 받아본 적이 없었는데  그것을 명예로 여기고 있습니다.

고등학교 때  4년 동안 아팠던 것을 제외하면  제 생애는 항상 축복을 받았습니다.  저는 온화한 가정에서 자랐고  여러 사람들의  사랑과 관심을  받았으며  여러 훌륭한  친구들과의  우정을 꽃 피울 수 있었습니다.  저는 자유롭게 살았고  여러 나라들을 여행했으며  제가 그토록 좋아하는  영화도 맘껏 즐겼습니다.

하지만 저는 지금의 글로발리제이션에 대해  심각하게 생각하고 있습니다.   수많은 사람들이  무력 갈등으로 고통을  당하고  있고  ‘ 테러와의 전쟁’은  확산되어 가고 있습니다.  폭력과 전쟁으로 얼룩진 20세기를 살아왔기 때문에  저는  진심으로 평화롭고 비폭력적인 21세기를 바래왔습니다.  이 목적을 이루기 위한 투쟁에 여러분과 동참할 수 없다는 것이 슬픕니다.   그렇지만 저는 여러분이  이 투쟁을 완수하고  제 꿈이었던 평화를 이루어 내리라고 확신합니다.

제가 지금까지 개입해 왔던 활동들을 더 이상 할 수 없게 되었다는 것이 정말 유감입니다.  특히 아시아- 일본 여성자료 센터( AJWRC-Asia/Japan Women's  Resource Center)의 소장과,  전시 여성 폭력 반대  연대  의장 ( VAWW-NET, Violence Against Women in War Network)으로서 저는  회원들에게 깊은 감사의 말씀과  이들 활동에 대한  더 나은 발전을 부탁드립니다.  제가 친구들과 나누었던  오랜 꿈인 “ 여성 전쟁 박물관” 건립을  여러분들에게  맡겨야겠습니다.

지금부터 제가 겪어야할  신체적 고통과 심리적  공포를 예상하면 마음이 흔들지 않을 수 없습니다.  단 한 시간 단 하루라고 저는 더 오래 살기 위해 최선을 다하겠습니다.  여러분의 기도로 기적을 빌어주시기를 빕니다.  나에게 남은 시간동안  나의 마지막 정신적  육체적 힘을 다해  제가  말하고 싶었던 것을  말하고 쓰겠습니다.

이제  제가 마음을 불편하게 했거나 상하게 했을지도 모를 분들에게  사과를 드리고 싶습니다.  이야기할 시간도 주지 않았던 친구들이여 용서해주시기를

이런 편지를 보내 놀라게 해드려 죄송합니다.  제게 하고 싶은 말이 있으면 언제라도 팩스나  전자 우편을 보내주십시오

마음 속 깊은 곳에서 감사를 드리며

마츠이 야요리

THE TASKS OF ASIAN CIVIL SOCIETY FOR DEMOCRATIC GOVERNANCE: Focusing on East Asian Community Based on Human Rights

PARK EUN HONG

(Director, Resource Centerfor Asian NGOs, Sungkonghoe University)

Prologue

□The formation of civil society is dependent upon the growth of pro-democracy forces. The Asian civil society recognized that the economic crisis indicated that the problem we have is a structural one. Therefore total reform is the solution to the problems. The first area concerns the private sector where should be a more effective mechanism to monitor financial system and prevent monopoly of land and concessions. The second area to be reformed is the corrupt and inefficient public sector. The third area is that of people’s social and economic rights which should be enhanced.

□The concept of civil society has gained global popularity. A great many became enthusiastic proponents of civil society as it was deemed crucial for improving the quality of governance, strengthening people power, enabling development, and ---- above all ---- promoting democratization and strengthening democracy(Lee 2004). Actually Asian civil society has championed democratization in the region. Some scholar-activists highlight NGOs and social movements as the most important civil society actors. They have stressed the importance of non-state actors other than the political elite and the existence of civil society as a prerequisite for genuine democratization. A  good governance is an interactive relationship between the state, the private sector and the civil society.

Bust as a Momentum for East Asian Community

□The dialogue of East Asian community is going further quickly immediately after East Asian economic crisis of 1997.

□From 1945 to 1997 the Asian economic miracle fueled the greatest expansion of wealth in the history of mankind. Prognosticators spoke confidently of the advent of "an Asian century."From the 1980s, especially in the early and mid-1990s, there was growing international recognition of the rapid economic growth, structural change and industrialization of the East Asian region. There was a tendency to see East Asia as a much more economically coherent region than it actually is. Terms such as ‘East Asia’, ‘Asian Miracle’, ‘yen bloc’, ‘flying geese’, ‘tigers’, ‘mini-dragons’ (and so on) have tended to encourage this perception of the region. In its East Asian Miracle study the World Bank identified eight high-performing Asian economies(HPAEs): Japan, the first-generation newly industrializing economies(NIEs) or countries(NICs), dragons or tigers, namely South Korea, Taiwan, Hong Kong and Singapore, and the three second-generation Southeast Asian NICs, namely Malaysia, Thailand and Indonesia(Jomo 2003, 1-2).

□ However in mid-summer 1997, a half-century of economic progress came to a crashing halt - whichbecame a region-wide panic struck first in Thailand before spreading to Malaysia, the Philippines, Indonesia, and eventually South Korea. Terms such as ‘crony capitalism’, ‘ersatz miracle’, ‘paper tigers’ and so on were spreaded fast as contrasted with just before economic crisis.

□During the first year of the crisis, the currencies of the five affected countries depreciated by 35-80 per cent, diminishing substantially the five miracle economies.

□ASEAN proved incapable of effective action in the face of the growing economic crisis. As regional leaders were bemoaning ASEAN's impotency during the crisis, there was a growing resentment at the way in which the IMF and the US government had misdiagnosed the problem and exacerbated the situation.

□The frustration and resentment of Asian nationalism is captured in Mahathir's August 23, 1997, statement, "All these countries have spent forty years to build up their economies and a moron like Soros, CEO of Quantum Fund, comes along."

□Furthermore as the crisis subsided there was an increased interest in a regional approach to any future crisis that was able to take into consideration the unique characteristics of the region's economies.

Roots of the Crisis

International Level

□The attack of speculative capital on Asian market. Some Asian nationalists voiced conspiracy theories suggesting Asia was being put in its place by wily global capitalists using sophisticated speculative tools to deflate the Asian assets in a plot to buy everything Asians had built but at fire sale prices(casino capitalism).

Regional Level

□The simultaneous crises affecting much of Asia are as multifaceted as they are tied to fundamental problems within the economic structure of each country. Excessive borrowing abroad(primarily by the private sector) and the lack of intra-regional mechanism for checking speculative capital flow are the hallmark of this crisis(poor cooperation).

National Level

□Corrupt politicians' interference in either the design or implementation of the reform undermines its stated obejectives. Governance isssues ― extensive, high level corruption, increasingly blatant nepotistic practices, the absence of a credible legal system, and so on. The variants of corporate familism found too in Asian businesses, pre-existing corrupted forms of business-government relations(poor governance).

Adjustment to the Crisis

Regional Level

□The APT(ASEAN+3) process allowed progress to be made in a relatively short period of time on a number of significant issues. First, at a meeting in Chiang Mai, Thailand in May 2000, the APT members agreed in principle to pool their resources if faced with another regional economic crisis(collective economic security regime). The Chiang Mai Initiative(CMI) of 2000 provided for a series of bilateral currency-swap agreements which will allow governments to pool their hard-currency reserves if they should be confronted by another regional economic crisis((Discouraging Reliance on Short-term Capital Flows).

National Level

□The crisis served as driving forces for transforming the corrupt politics into the democratic democratic governance(toward a new social contract characterized by arm's length relationship).The central task is to eastablish a healthier and transparent relationship between the government and the large private-sector actors. The agenda of human security was raised(social safety net).

□In a sense economic crisis led to the emergence of democratic governance or consolidation of democratic rule in the East Asian region even though the relationship between the crisis and theregime change is not straightforward. Reformers in each affected country gained adherents through programs that targeted the exact same political problems : weak regulation and regulatory institutions, lack of transparency, corrupt business-government relations.

□ However the consequence is double-edged. As rule-based arrangements is strengthened, market-oriented populism was penetrated and the gap between the rich and poor increased, which are negative externalities associated with neo-liberal pressure (negative externalities).

Looking Forward I: The Construction of Collective Human Security Mechanism in the Region

□ It is a very good phenomenon for some parts of Asian nations to join in deepening connotation of security. For example, ASEAN-ISIS, a think tank network in Southeast Asia, raised the human security agenda.

□ The Asian civil society have to emphasize that the concept of security is not any more exclusive of state power and human security also cannot be justified any more under the mask of national sovereignty, growth-first-policy and efficiency,

□ Concept of peace is also in need to be analyzed in various dimensions. The tensions still exist between noninterference principle and international human rights norms asASEAN invited Myanmar as a regular member in the name of noninterference norm, so called 'ASEAN way' which advocates national sovereignty and peace between regional states(peace without human rights).

□Another tensions exist between humanitarian intervention and imperialistic oneto it's hegemonic interest as US, hegemonic superpower, interfered violently in Iraqi affairs in the name of human rights and democracy with disregard to UN's will in expectation of peaceful solution(American exceptionalism).

□ Every Continents have regional human rights regimes such as European Commission of Human Rights for Europe, Inter-American Commission of Human Rights(IACHR) for the Americas, African Charter on Human and People's Rights for Africa, Arab Organization for Human Rights for the Arab League. However the regional human rights regimes is never operated in Asia exceptionally(Asian exceptionalism).

□ Therefore Asian civil society has to strengthen the human rights and peace through expanding "flying geese" analogy for East Asian economic growth into democratic development.

□With horizontal solidarity Asian civil society has to counter superpowers who utilize the concept of human rights and democracy to their hegemonic interests and even further some time do declare violent intervention in the region(anti-Imperialism for the Peace).

□ The world influence of neo-liberalism is growing. The organized labour in East Asiais effectively suppressed under economic constitutionalism which is authoritarian liberalism. In neither case has the organizational strength or collective bargainingposition of trade unions been subsequently enhanced. To the contrary, labour movements under the new democratic regimes remained devided and stagnant(anti-neoliberalism for social rights).

□Furthermore the implementation of the necessary building blocks of a new democratic governance in East Asia is lagging behind. High levels of unemployment, rising economic and social inequality, widespread disillusion with the leadership, have fuelled public frustration. Even de-democratization occurred in Thailand(defective democracy).

Looking Forward II: Beyond Bandung process and 'Asian value'

□Beyond Bandung process of 1955 as anti-western colonialism legacy, Asian civil society has to make anti-imperialism run with democracy and human rights in regional level. For instance Sukarno, one of leaders at Bandung process banned elections in the name of 'guided democracy'.

□ Asian civil society has to go beyond 'Asian value' alliance which legitimize developmental dictatorships and growth-first-tracks without human rights, especially worker's rights. Itsemphasis is on discipline and the need to maintain social cohesion as key ingredients of economic development.

□Discipline is the product of core 'Asian values'. As Lee Kuan Yew puts it: what a country needs ... is discipline more than democracy. The exuberance of democracy leads to indiscipline and disorderly conduct which isinimical to development. The Lee Kuan Yew thesis does not even seem to condone the sequential 'development first, democracy later' approach. Instead it seems to suggest paternalistic authoritarianism (buttressed by nominally democratic institutions, such as free elections) as a durable political system.

□ Lee Kuan Yew and Dr. Mahathir's views have been contested by other political leaders in the region. Burma's democracy leader Ms Aung San Suu Kyi and democratically elected president Kim Dae Jung are among the Asian leaders who have argued that human rights and freedom are universal values.

□Malaysia's deposed Deputy Prime Minister Anwar Ibrahim claims that 'no Asian tradition can be cited to support the proposition that in Asia the individual must melt into a faceless community(Economist 1998: 24).

Looking Forward III: Participatory Regionalism towards ‘Social Asia’

□ Asian civil society has to make an effort to transform the state-centred regionalism seeking development-first-alliance or neo liberal competition statesinto participatory regionalism focusing on human-centered development and GO-NGO cooperation.

□The participatory regionalism, noted by Amitav Acharya, is more inclusive than current forms of power elite consensus, more transparent, and more rule-based interactive.

□The participatory regionalism led by not security state but civic state guarantees more wide social participation.

□So far local NGO in Asia has been very active in solidarity with international NGO and are undertaking activities, such as training, education, advocacy and monitoring in cooperation with government agencies, however, sometimes, in confrontation with.

□In order that Asian region progress towards participatory regionalism, Track IIIes led by civil society representatives need to be strengthened by far.

<Figure 1> The modalities of network

<Figure 2> The types of political-economic development in Asia

political type		economic type
	Illiberal path	capitalist path	socialist path
		ⓐ	ⓒ
	liberal path	ⓑ	ⓓ

<Figure 3> The types of national agenda

		the types of agenda
		sovereignty	development	human rights
Types ofdevelopment	ⓐ	❚	❚❚
	ⓐ∩ⓑ	❚❚	❚❚	❚
	ⓒ	❚❚	❚
	ⓐ∩ⓒ	❚❚	❚❚

참조: 1) ⓐ∩ⓑor ⓐ∩ⓒ mixed type.

2) ❚❚and ❚ difference of weight.

<Figure 4> The types of foreign relations

The type of internal regime		The type of foreign relations
	illiberal	pro-US	neutral
		ⓐ	ⓒ
	Liberal	ⓑ	ⓓ

Epilogue

□It's Asian civil society's task to discover how to make sovereignty, human rights, and right to development co-existingin harmony for no-more-imperialism, no-more-dictatorship, and no-more-poverty in neo liberal globalization era (formula of trinity).

References

Bernhard, M. 1993. 'Civil Society and Democratic Transition in East Central Europe'. Political Science Quarterly 108(2).

Cho, Hee-Yeon and Park Eun-Hong. 2007. "New Perceptions toward Asian Democratization and New Tasks for Promoting Asian Democracy—For a ‘Democratic Socialization’ and ‘Social Asia’"paper presented at the International Symposium on Democracy in East Asia in Commemoration of the 20th Anniversary of 1987 June Democratic Struggle(June 29).

Thirayuth Boonmi. 2002.  "Good Governance: A Strategy of Restore Thailand," Duncan McCargo ed. Reforming Thai Politics, NIAS.

Gelner, E. 1994. Conditions of Liberty: Civil Society and Its Rivals. Penguin Books.

Haggard, Stephan. 2000. The Political Economy of the Asian Financial Crisis. Institute for International Economics.

Jackson, Karl D. 1999. "Introduction: The Roots of theCrisis."Karl D. Jackson ed. Asian Contagion. Westview Press.

Jomo K. S. 2003. "Introduction: Southeast Asia’s Ersatz Miracle,"Jomo K. S. ed. Southeast Asian Paper Tigers? RoutledgeCurzon.

Kanishka Jayasuriya. 2000. "Authoritarian Liberalism, Governance and the Emergence of the Regulatory State in Post-Crisis East Asia," Richard Robison et al eds. Politics and Markets in the Wake of the Asian Crisis, Routledge.

Kim, Dae Jung. 1994. "Is culture Destiny? The Myth of Asia's Anti-Democratic Foreign Affairs, November/December.

Lee, Hock Guan. 2004. "Introduction: Civil Society in Southeast Asia," Lee Hock Guan ed. Civil Society in Southeast Asia, ISEAS.

Nyman, Milkaela. 2006. Democratizing Indonesia: The Challenges of Civil Society in the Era of Reformasi, Nias Press.

Ottaway, M. and T. Carothers, eds., 2000. Funding Virtue: Civil Society Aid and Democracy Promotion. Carnegie Endowment for International Peace.

Stubbs, Richard. 2004, "ASEAN: Building Regional Cooperation," Mark Beeson(ed.), Contemporary Southeast Asia. Palgrave Macmillan.

Zakaria, Fareed. 1994. "Culture is Destiny: A Conversation with Lee Kuan Yew", Foreign Affairs, March/April.

■ 제2세션 : “아시아 활동가로부터 듣는 시민사회의 현실”

발표 1 : “Child Labor in India – A chronicle problem”

(Tejpreet Singh - 아주대)

발표 2 : “Civil Society : Its Role in Conflict Resolution and

Peace Building in Nepal"

(Jeevan Baniya - 아주대)

발표 3 : “Civil Societies and NGOs Movements in Bangladesh”

(Mohammed Rashid Mamun - 성공회대)

발표 4 : “The Role of the NGOs and Civil Society in the Changing times:

the Philippines Experience"

(Jessica Umanos Soto - 성공회대)

발표 5 : “Civil Society and Ngo movement in Sri Lanka”

(Nilani Manthrinayake - 성공회대)

■ Session 2 : "Analysis of Asian Civil Society by Asian NGOs Activists"

Presentation 1 : "Child Labor in India – A chronicle problem"

- Tejpreet Singh(Ajou University),

Presentation 2 :“Civil Society : Its Role in Conflict Resolution and Peace Building in Nepal"

- Jeevan Baniya(Ajou University),

Presentation 3 : “Civil Societies and NGOs Movements in Bangladesh”

- Mohammed Rashid Mamun (Sungkonghoe University)

Presentation 4 : "The Role of the NGOs and Civil Society in the Changing times:

the Philippines Experience"

- Jessica Umanos Soto(Sungkonghoe University)

Presentation 5 : “Civil Society and Ngo movement in Sri Lanka”

- Nilani Manthrinayake(Sungkonghoe University)

Child Labor in India: A chronicle problem

By: Singh Tejpreet

GSIS Ajou University, Suwon

NGO Department

1.	Child labor in India – A chronicle problem

1.1	Introduction to child labor in India

According to the Indian census of 2000, there are 15 million working children under the age of fourteen years in India. Over 85% of this child labor is in the country's rural areas, working in agricultural activities such as fanning, livestock rearing, forestry and fisheries. This labor is outside the formal sector, and outside industry. Moreover, nine out of ten working children work within a family setting. Working in family-based occupations, these children also develop skills in certain traditional crafts, thus augmenting the human capital formation of India's developing economy.

About 35% of the population is below poverty line and a large part of the children below 14 years of age are forced to work within and outside their home to support their parents/guardians for livelihood. Children are known as the future of the society. They need proper education and guidance in their childhood, because at this age they are clay, which can be given shapes as we like. In developing countries like India, large part of such children is deprived of their rights of education and the rights of childhood. The reasons are economic as well as lack of awareness of their parents. They are compelled to work within and outside their household for livelihood, which causes them to fall into misery for the whole life.

The concept of child rights that "children should not be compelled to work" has not been able to take effect in the country.

1.2	A definition of child labor

Child labor is a worldwide phenomenon. It has existed in different types of human society at different stages of history in many parts of the world. However, it has emerged as a major social problem in India, wherethe poverty and rapid population growth have compelled children to seek employment for the survival of the families to which they belong. Child labor occurs in certain specific situations and is considered as undesirable because of its long-term implications on education, health and human development of the children. Child labor is, generally defining, a work for children that harms them or exploits them in some ways physically, mentally, morally, or by blocking access their basic rights. But, there is no universally accepted definition of child labor. Writers and scholars don’t always specify what definition they are using, and that often leads us to confusion.

As UNICEF’s 1997 State of the World’s Children Report puts it, "Children’s work needs to be seen as happening along a continuum, with destructive or exploitative work at one end and beneficial work - promoting or enhancing children’s development without interfering with their schooling, recreation and rest - at the other. And between these two poles are vast areas of work that need not negatively affect a child’s development."

Child labor in Indiais prevalent in traditional agricultural sector, service sector like small hotels, restaurants, transport and tourism, manufacturing sectors, domestic services, etc. They are working long hours at low wages and in poor working environment. And, the issue of child labor has attracted considerable attention in recent years. The constitution of the India (1950) protects the interests of the children. Similarly, India ratified the ILO conventions, UN Convention, Colombo Resolution etc that are related with child right and elimination of child labor. But the rate of the child labor has not declined. The major reason behind the problem of child labor, in my opinion, is the poor and depriving economic condition of the country and also lack of dedication of the concerned authorities of the government.

The constitution of Indiastates that the state will ensure the prohibition of employment of children in any occupation, which is hazardous to life. It provides that all forms of forced labor and traffic of human beings including children; slaves and serfs are prohibited. To formulate national policies towards elimination of child labor in a progressive manner and guard the rights of children the government has set up a high level task force on elimination of child labor. The Task Force consisted of representatives from different ministries, industries, NGOs and UN agencies in leadership of National Planning Commission. In 1992 Children Act was enacted to stop the practice of employing child labor and promote the status of children. The Act strictly prohibits the children below 14 years of age to engage in any work as a labor though the engagement of the children aged 14 to 16 permitted in certain condition.

2.	Current status of child labor in India

There is not a single study covering the fact about the child labor situation in the country as whole. The study conducted by central Department of population studies in 1997 is broad among the studies related to child labor. Thetotal children aged 5 to 14 nearly 42% were involved in any work within and outside household. Mountain zone has the highest work participation rate of 52.2 percent. The data also depicts that as the age advances the proportion of working children also increases. More than 90 percent of the children were in agriculture where 1.6 percent each in service and construction, transportation, communication work and the rest were working in other fields. About 16 percent children areworking as wageworkers, whereas others were found unpaid. Looking at the working days and hours of work per day, children are working more or less.

According to ILO estimates, the number of working children in the age group of 5-14 has been 250 millions, of which 120 millions work full time every day. It is predicted that as many as 70% work in dangerous environments. And, some 50-60 millions are below the age of 11 years.

3.	Brief facts about child labor in India

Children are often treated as the "property" of the very adults who are supposed to care for them; they are ordered around, threatened, coerced, and silenced, with complete disregard of them as "persons" with rights and freedoms.

�	17 million children in India work as per official estimates.

�	A study found that children were sent to work by compulsion and not by choice, mostly by parents, but with recruiter playing a crucial role in influencing decision.

�	When working outside the family, children put in an average of 21 hours of labor per week.

�	19% of children employed work as domestic help.

�	90% working children are in rural India.

�	85% of working children are in the unorganized sectors.

�	About 80% of child labor is engaged in agricultural work.

�	25% of the victims of commercial sexual exploitation in India are below 18 years of age.

�	Millions of children work to help their families because the adults do not have appropriate employment and income thus forfeiting schooling and opportunities to play and rest.

�	Children also work because there is demand for cheap labor. High incidence of child labor is a result of high incidence of adult unemployment.

�	Large numbers of children work simply because there is no alternative - since, they do not have access to good quality schools.

�	Poor and bonded families often "sell" their children to contractors who promise lucrative jobs in the cities and the children end up being employed in brothels, hotels and domestic work. Many run away and find a life on the streets.

All children have the right to be protected from work that interferes with their normal growth and development. Abandoned children, children without families and disabled children need special care and protection.

4.	Objectives

�	To make the readers understand the child labor and the conditions of children in India,

�	identify types of works the children do in India,

�	assess the determiners of the child labor in India and

�	The out carrying recommendations and suggestions to eliminate child labor from the country effectively.

5.	Factors responsible for Child labor

5.1	Social Factors

Parents/ guardians think that they know what is ‘best’ for their child and end up committing grave errors i.e. denying certain foods to girl children, branding the child to cure a disease, selling the child, pressurizing the child to get high marks in exams etc. Domestic violence against children at home and family setting, are difficult to detect or report. Neighbors, family members and community do not readily come forward as witnesses or informants in cases of domestic violence.

�	Children are too scared, traumatized/ ashamed or ignorant to report the crime against adults.

�	Attitude of small entrepreneurs to make maximum profit by putting in minimum investment.

�	yths such as sacrificing a child would appease the Gods/Goddesses or having a son is essential even if it means going for pre-birth elimination of female fetusin order to continue the family lineage or for the soul to go to heaven, early marriage in order to avoid community ostracism.

�	Discrimination against girl child.

�	ale dominated culture.

�	Religious practices such as Devdasi system or Bal Diksha..

�	igration of male members to urban areas leaving women and children vulnerable to trafficking.

5.2	Economic Factors

�	Abject poverty leading to kidnapping, selling and buying children especially girls, trading in human organs, adoption, raping minor girls, child labor, child beggars

�	Availability of children as cheap labor.

5.3	Political /Legal Factors

�	oopholes in the existing laws.

�	ack of accountability on the part of law enforcement machinery and personnel of Juvenile Justice Homes.

�	ack of proper monitoring system to ensure strict implementation of laws.

�	nability to fulfill constitutional directives.

�	chemes on paper but no systematic implementation.

6.	Literacy states another important aspect

Of course, the illiteracy is the prominent reason behind in the country. India’s overall literacy rate is around 65 per cent till 2005. Most families are illiterate and do not realize the importance of education. Hence, they also don’t want to send their children to schools, rather they make their children to help in their homework or to work somewhere for the wage; therefore poverty keeps their children away from schools in their childhood. Likewise, the education system of the country is also not so encouraging to them. Consequently, Most children are deprived of education, and thereby they are compelled to work when they don’t go to schools. And, since a huge rural population overwhelmingly dependent upon agriculture, the labor of the children is very important. Thus most children work in rural part of the country.

The next factor is uneven land distribution of India. A small no of people posses thelands, many have insufficient lands to support their families, and mane families are landless. They are mostly poor. The children from less land owning families and the children from landless families need to work in wages to live. They can hardly feed the family and cover their family expenses by the agriculture productions. Many children from such families migrate to the cities to find the jobs. Hence, the economic condition of the children’s family pressurizes them to involve in some kinds of works.

Ineffectiveness of the implementation of the legislation by the government is another factor. Government of India made many laws that definechild labor as relating to children less than 16 years of age. The act totally prohibits employment of children less than 14 years. But unfortunately, because of extremely poverty, indebtedness, illiteracy etc, the act has failed to prevent child labor. On the other hand, the government has also not paid as much attention to the child labor as it has to. Even if the government has very well acknowledged and realized child labor across the country, it is very indifferent and turns the deaf ears to the problem.

7.	Forms of Child Labor in India

7.1	Manufacturing industries

Mostly child migrant’s work in these factories such as carpet factories, garments, handicrafts, printing press, match making factory, bricks kilns etc. The children generally work an average of 15 hours a day and 7 days a week. The conditions in which the children work are usually poor, damage to health and injuries.

7.2	Rural employment

Most child labor in the country is rural. Children are involved planting a variety of different substances, such as sugar cane, tea, tobacco, millet, maize and rice. People in rural are poor and depend on agriculture.Out of their poverty children from poor family are obliged to work instead of going to school. In addition, child labor in rural part of India is very common. More than 95 percent of the children in the area get involved in producing agricultural products. The children from poor families work in other’s field in wages and support for their family.

7.3	Domestic service

Children do various domestic tasks, including; fetching water, collecting fuels and fodder, caring for younger siblings, working in the kitchen and cleaning. Besides these, they also work in cleaning dishes and doing the laundry. Poor children work in rich people’s house, and in return some get money, while many do not get anything from them. They just work there for making their living.

7.4	Service in shops

Many children make their living by selling sweets, working in teashops and in restaurants and bars as dishwashers or waiters. Especially they are found in city areas of India. Mostly orphan and poverty stricken children do such works.Sometimes, the poor parents also send them work while they are economically in desperate situation and cannot manage their family expenditure.

7.5	Transportation

If you visit the cities of India, you can see many small male children working as the conductor on the means of private transportation like buses and tempos. Children from outskirts of urban areas are attracted to becoming conductors in tempos, microbuses, buses etc.

7.6	Tourism

Children work as street porters, tourist or trekking porters, and domestic porters. There are generally 2 types of porters - long-distance porters who carry loads rurally, and short-distance porters who work mainly in urban areas such as in bus parks. It is prevalent especially in mountainous areas of country where most tourist activities occur. Since the life of people living in the areas highly depends on their works for tourist’s service, the children are obliged to serve them by carrying their goods in camps and earn money for their living.

7.7	Construction work

Children work to build roads, houses, bridges, and sewerage systems. We can see very dangerous form of child labor in this sector in which they have to work from down to dusk and should pick up and throw weighty things. In these kinds of works, they badly get tortured physically as well as mentally.

7.8	Street vending

In India, street vendors of newspapers and other items, rag pickers, beggars, street singers, shoe shiners, newspapers sellers are mostly children. Street children are more prone to be affected by the fatal disease like HIV /AIDS and get involved in criminal activities. Mostly, children who either lost their parents when they were small or were lost work in this kind of street vending. From this work, they collect some money and make their living; sometimes some children also help their parents from the money they have earned.

7.9	Prostitution

It is estimated that girls between the ages of 10-14 work in massage parlors, cabin restaurants and dance bars in main cities and near highways of the country. Many children are trafficked from rural areas to big cities, to work in the commercial sex industry. According to a draft report of UNICEF, more than one hundred thousands poor girls have been trafficked to big city brothels. The brokers generally sell them in the brothels after persuading them with their trickery. Sometimes, their own parents also give their consent to send their daughter in big cities, because they think that their daughter will earn money so as to escape from the poverty and hardships. Unfortunately, many girls there have been suffering from transmitted diseases like AIDS, and are in desperate condition.

7.10	Bonded labor

Bonded labor or Kmaiya system has badly affected children's lives especially in Plain [Tarai] area of India. There are also many debt-bonded laborers, who tend to work in places like carpet factories, households, restaurants, brick kilns etc. Under the Kamaiya system, a laborer agrees to work for a landlord on the basis of an oral contract for one year, for a wage that is generally paid in kind. Typically, a Kamaiya would receive a share of the produce from the land cultivated by him. They are often forced to take loans from the landlord and the family must work for the landlord until the loan is repaid. Children over five often serve the landlords as cowherds. A comprehensive survey of the Kamaiyas revealed over 15,000 households, comprising over 83,000 persons. Nearly half the Kamaiya families were homeless and lived on the master's premises; more than half were indebted to the master. It is estimated that there are about 5,000 children working under the Kamaiya system. Exploitation of Kamaiya children is common; Children are used in domestic work and cattle herding. A Kamaiya will be offered higher wages if he accepts to have his wife and children enlisted.

7.11	Migrant child labor

Children migrate from rural to urban centers in the country with the aim of finding employment, and earning money for their better life. Some children are sent by their own parents for the job, while others come themselves leaving their family or without informing their family dreaming the better life of the city.

7.12	Circuses or music industry

Many children work in circuses in different places of the country. It is a new phenomenon that the trafficking of children has increased in recent years to work in circuses in India. Children also work in puppet or magic shows, or in commercial music programs. They perform very risky magic endangering their lives. They are normally poorly paid for their job over there.

8.	Initiatives taken by the Indian government to tackle child labor

The prevalence of the problem is evident from the participation rates of children in the labor force, which are higher in India than in other developing countries. Besides, there are a number of unregistered children engaged in labor in many industries and occupations.

These prevail despite the following measures:

�	Bonded Labor Abolition Act (1976) bars employment of any person, adult, or child in bondage. This law has been applied to physical bondage in many districts, but in the case of technical bondage, where the child is forced to come to work because of undocumented loans taken by parents, enforcement has been rather ineffective.

�	The Parliament of India has enacted the Child Labor(Prohibition and Regulation) Act (1986). The act seeks to ban employment of children working in certain hazardous occupations; the hazardous occupations are identified and reviewed by the expert committee from time totime. The act also regulates the work of children in certain other industries.

However, there is no specific or all-encompassing prohibition of children from work. There are sectors such as domestic service, agriculture, and urban and rural informal sectors where children work in large numbers, and these have brought within the ambit of law only very recently. On 10 October 2006, the Government of India banned the employment of children as domestic helpers and as workers in for example hotels, eateries, and spas after declaring all these occupations hazardous.

�	The National Literacy Mission, which has been under implementation for over two decades for adult literacy, has also been advocating that children be put back in school. However, the primary focus is on the three "Rs" for dropouts – reading, writing, and arithmetic –and not so much on getting children back to school. There is a need for reorientation of this mission to enable universal education as well as to target child labor.

�	In terms of India’s project-based initiatives, a project-based action plan has provided educational services in the form of Non-Formal Education (NEF) under the auspices of the National Child LaborProject (NCLP). The latter operates in 100 districts in 13 different states where child labor problem is very serious. According to the "Review of Child Labor, Education, and Poverty Agenda: IndiaCountry Report 2006", 4,077 special NFE schools are in operation, and 203,850 children had enrolled as of September 2005. However, this project basedapproach also suffers from some limitations; for instance, the NCLP schools are still intended for only a limited number of children engaged in labor and the vocational training provided to children enrolled in NFE schools (under the NCLP) has not been realistic due to a lack of "convergence and education schemes.

�	Education for All, or Sarva Siksha Abhiyan (SSA), is yet another very important government initiative and has the potential to reach out to dropouts and children engaged in labor. Though the programis very flexible and comprehensive, its reach and impact is yet to be realized. Funding is definitely not a constraint; however, the management of the program and the quality of implementation need to be revised across the country.

�	The Ministry of Labor, Government of India, and the United States Department of Labor signed a joint statement on Enhanced Indo-US Cooperation on Eliminating Child Labor (INDUS) in August 2000. In this statement, both governments have expressed their commitment to the prohibition and eradication of the worst forms of child labor in certain industries, for instance silk, hand-rolled beedis, brassware, hand-made bricks, fireworks, footwear, hand-blown glass, bangles, hand-made locks, hand-dipped matches, and hand broken quarried stones. The project aims at a total eradication of child labor in the identified districts through a multi-sectoral package of services.

�	Judicial activism has been the single largest factor in the revival of child rights in India. The Supreme Court of India has emerged as the savior of children engaged in labor through its judgments in public interest litigation by determined civil society groups in the country. Landmark judgments, including the famed M C Mehta versus the State of Tamil Nadu caseof 1996 has prodded government agencies into action.

�	The National Human Rights Commission has also been quite active in the fight against child labor.

List of References

International Labor Organization {ILO},

Informal Sector Service Center {INSEC},

United Nation Children’s Funds {UNICEF},

Human Right Watch {HRW},

Child Workers in Asia {CWA},

National Association for the Protection of Environment and Children {NESPEC},

Children at Risk Network Group {CNRG}

Articles Published in different National Newspapers and Magazines

Government of India Ministry of Labor

Cry.org

Bbc.com

Civil Society : Its Role in Conflict Resolution and Peace Building in Nepal

Jeevan Baniya

NGO Studies Student

Ajou University {Graduate School of International Studies}

Yongtong-Gu, Suwon South Korea

bc_4dears@yahoo.com

Background

Nepal is a nation of diversity in culture, castes, religion and languages. The country has been experiencing the vicious effects of the Maoist conflict for about 12 years.During this dark period of Nepal, civil society organizations have played the tremendous role by spreading lights and giving hopes in Nepali societies in many respects, especially in theprocess of peace building and conflict resolution. With the intensity of the conflict, the role of civil society also has significantly grown. However, their rolein peace building and conflict resolution has not been well valued and thereby not discussed adequately in any academic circle and policy analysis of Nepal. Despite some problems within civil society organizations and their nature and activities, civil society organizations remain one of the biggest stakeholders of Nepal. Recent Comprehensive Peace Agreement between the government and the CPN (Maoist); arms and army management monitoring agreement between the government and the CPN (M), interim constitution, amendment in interim constitution and formation of interim government including Maoists have formally ended the long conflict of Nepal. But the growing violence and demonstrations from various groups in the country has posed further challenges for the government in conducting the election of constituent assembly in the country.Hence, the country has realized the crucial role of civil society in tackling these problems. This paper illustrates, evaluates and analyzes the role played by civil society organizations in conflict and peace building in Nepal.

Civil Society in Nepal

"Civil society is not a toy. It is not a tap to be turned off and on at will. It is not just a convenient delivery mechanism for donor agencies or governments. To be real, it must be viewed as a genuine expression of local needs and actions." - Ian Smillie

It is generally understood that civil society is a kind of ideal state where every individuals strives to achieve free, just and developed society through democratic actions. Civil society in one sense is the complex networks of autonomous institutions sustained by a civil code of conduct that is distinct from; yet maintain effective ties with the State. What constitutes effective ties with the State is a dilemma. Because of the diversity of constituencies, sizes, strategies, structure, ideologies, specialization, sources of funding, agenda and power of the civil society organizations, it is not possible to exactly define civil society in Nepal. Civil society called as Nagarik Samaj in Nepal are religious, secular or affiliated with political and social groups in Nepal; be funded by businesses, foundations, private citizens and governments; specialize in a technical field or operate for multiple purposes. There were 131 INGOs and 19200 NGOs and civil society groups registered with the Social Welfare Council {SWC} and other ministries until February 2006. But, there are many non registered civil groups in the country working for community solidarity.

Historians trace the line of Nepali civil society to 2000BC when people oriented themselves towards living together and working collectively for peace, public welfare and harmony in the society. While modern civil societies are different in their originations, their aims and goals and their institutional constituencies. There are several social actors in modern state power exists in many groups of the society but not in a single group or any political parties. Even the constitute of Nepal 1990 and the interim constitution 2006 also have provided the rights to citizens to set their social, economical as well as political agenda. It is obvious that one global revolution is really changing the old face of the world; which is "Information Revolution."Information system has really torn apart the bond created by industrial revolution and has enabled people to develop their networks and webs all across the world-making a civil society. No wonder, transferring the knowledge from one placeto another is weakening the rigid bureaucratic structure of the Nepalese society, too. They have nourished the potentials for changing the dominant cultural values, political culture and structure and male domination. To review the activities of parliament, government and business sectors, entire public have got organized into a set of institutions and relationship called civil society. For the deeper understanding of Nepali civil society organizations, it is necessary to critically analyze their activities.

Evaluation of Civil Society Organizations in Nepal

Civil society in Nepal as its universal nature is considered as an instrument for democratization, peace building, good governance, leadership change, and so on. The working areas of civil society organizations vary depending on their objectives and policies. Many of the civil society groups are registered with Social Welfare Council {SWC}, which are working on environment sector, social development, empowerment and upliftment, transparency, economic projects, human trafficking and alike. There are a few civil groups which are working on political awareness and peace building. Though there is a great debate on whether civil society should get involved in politics, in many cases, civil society organizations in Nepal are supposed to monitor the effectiveness of the government in meeting the needs of excluded sections of the population. Given the dynamics of Nepali society and the failures of the government to meet all its needs, the role of CSOs in garneringa healthy society that promotes debate and opposition is a vital and an ongoing dialectic process. Campaigning, lobbying and advocacy are the normal methods used to leverage public opinion and force government change, no matter whether it is considered as a political role played by a civil society.

In Nepal, after the proven inefficiency of the successive governments to deliver effective services, donors are using I/NGOs as their partner for assistance rather than channeling the whole fund to the government's single funnel. Similarly, the increasing emphasis on human rights, democratization and privatization has led to the growth of the voluntary non-governmental sector. This social phenomenon is being actively promoted by external organizations for economic, social and political transformation. Human rights politics has remained an integral part of such transitional endeavor.

It is sarcastic that civil society organizations as well as NGOs have mushroomed like private companies in Nepal. But unfortunately, they are run mostly by high-level civil servants and their near and dears. Actually, more than 90% of these organizations are established just to attract the donations and to work for the outside agents rather than working for grassroots people. Most of the civil society organizations are politicized because of regular intervention from political parties. It is visible that they are all the clutches of either political parties or the donors. They have turned to be parasites that immensely affect democratic growth and consolidation in Nepal. Because of such organizations, Nepalese have gotvery negative attitudes towards most of the civil society organizations because of their dependent and colonized mind that doesn’t contribute to the overall development of the country. And, civil society organizations have not achieved their success in monitoring and checking anti democratic policies and actions of different social actors. Many of the organizations in their activities, lack transparency, accountability and independency, though these attributes are taken as fundamentals of democracy.

Nepal at this stage is politically in transitional phase. The country is heading towards a liberal democratic state establishing few strong infrastructures of democracy. But efforts from different actors of the country need to be evolved to institutionalize new democratic order. In recent time considering the outstanding role of some civil society movement leaders, human rights activists media and professionals to dismantle the brutal autocratic system of the King and to lead the country to pure democratic process, has greatly impressed the people. Similarly, they also have assumed the effective role of civil society as a key in streamlining and consolidating the democratic process in Nepal. Active and vibrant civil society is needed more to check the Nepali government so as not to let it formulate and implement its policies, which are anti people and anti democracy. Nepalese government has always tried to justify its power over citizen’s mandate, rights and freedom in the name of social justice and welfare. Therefore, the country needs the strong civic society to lobby and check different antidemocratic tendencies of the government.

Though civil society is considered as a value in itself, Nepali civil society organizations should play the complementary factor to create a functioning of liberal democratic state. It is a fact that making reforms within civil society organizations in terms of transparency, accountability and independency play anothercritical role in social transformation. Many experts also articulate that Nepalis heading towards establishing full-fledged democracy in this period. For the first time in the Nepalese history, civil society organizations seem to have been more active and mobilized acting as watchdogs and pressurizing the newly formed government to work according as people’s aspirations.

Since most of activists of the organizations are working to receive funds from donors and earn money for their own purpose rather than providing services to public, civil society organizations also need to play the role of a partner of the government in social and economic development. Some of them have been advocating for freedom, social reforms, human rights, child rights, women’s empowerment, social equality, peace, and democratization; but their activities have not been as influential and effective as people had expected them to be. They always failed to make their collective action for the common good; rather they are seen competing in making fancy and attractive plans just to attract the donations from donors. Corruption in bureaucracy and politics and bad governance is another problem in Nepal. But, civil society organizations have not actively and strongly raised their voices against these kinds of illegal and inhuman criminal activities, and thereby have not forced the government to make a strong rule against corruption and implement the rule effectively.

The presence of civil society organizations has created possibilities for "potentially more effective action, especially in confidence building, preventive actions and early warning"{Shaw and Maclean,1999}. There are some national and local organizations working in the areas like women’s empowerment, social development and integrity and so on in some rural part of Nepal. They are very independent and devoted to their goal although they sometimes lack efficiency in implementing and dealing with some legal and technical matters. In a real sense, those local based civil society organizations are more trustworthy and accountable than the other so-called big NGOs in Nepal. They have also succeeded to check and lobby the activities of not only the local government but also other social actors in their communities because they have maintained their social ethics to be obedient to their society for the betterment of their communities. They cooperate with the local governments and corporate sectors for communal benefit and have been successful to mobilize the local resources to develop their surroundings. However at times, some political parties also try to politicize them to act as the wish of their party especially when they feel that they need the help of the organizations. Hence, they have also been the subjects ofcriticism. But, large organizations except very few like Red Cross, medias, Nepal Bar Association {NRB}, journalist’s federations, some human rights organizationsand Maiti Nepal on the other hand do not seem to have played any significant role in cooperating with the concerned social actors for betterment of needy people.

The foundation of the Maoistarmed conflict in Nepalis the century-long structural violence the non-compliance of internationally recognized human rights and humanitarian law by the conflicting parties, the government and the Maoist. Civil society organizations arecampaigning and lobbying for the observance of human rights and humanitarian law, it is undoubtedly lawful activities butit has not been sufficient. A critical campaign against any undemocratic and unconstitutional means to suppress the fundamental freedom is the unwarranted accountability of the rights groups. Nepal at the moment is on the process of re-establishment of peace in the country through the election of constituent assembly and thereby reconstructing the country in a new way. Nepal, therefore needs the great role of civil society organizations not only in drawing the framework of new political system but also creating social awareness and mobilization

The government’s failure of conducting the election for constituent assembly in last June 2006has aroused lots of frustrations disappointments in people. Compared to the history of conflict resolutions in the world, progress and pace of conflict resolution is moving faster. However, the recent movements and growing tendencies of instability in the eastern region of Nepal {Tarai} stand as the greatest challenges for the government. In the very context, civil society organizations don’t seem serious and neither have they beenplaying any effective roles in creating the constructive environment for coming up election for constituent assembly. Though election of the constituent assembly is the major agenda of the government as well as Maoist, without addressing the demands of Madhesi, dalits and indigenous and women and other various communities, holding the election will not be fruitful anymore. The CA election has been a hot issue in the political arena of Nepal following the establishment of democracy. Even though most ofthe intellectuals are found to have opined that ensuring of CA election in realistic and well planned time period is a central element for brighter Nepal different social stakeholders including COs have not done much to realize this target. The appropriate modality and the election system are yet to be decided for the CA polls. Therefore, the civil society organizations need to help the government in formulation of inclusive framework for the CA election. The growing instability and havocs in eastern region have posed the great challenges ahead. The country has been experiencing various social, economical and political inequalities for long. There are many downtrodden communities who have long been oppressed, marginalized and neglected in many spheres of their lives. The deeply rooted class, gender, lingual, and regional inequalities are the main problems of the country that have been obstructing the government from realizing their goals -"Building New Nepal". The conflict in the Tarai region is also one of the problems pop out of these social, economical as well as political inequalities to Madeshi {Tarai} people. For the successful CA electionthere needs the active role of the civil society organizations in bringing the Tarai revel in the dialogue in their mediation and politically aware the Tarai people for free and fair election, which they are lacking. Likewise, the Nepali societyis threatened because of lawlessness and forceful activities of Young Communist League {YCL}, hence it is a must for civil society organizations to make sure that people are going to vote under no fear and terror; it will ultimately lead to prosperous Nepalin near future.

Background of the conflict in Nepal

It is very difficult to pin point the exact cause of the conflict in Nepal; however it is a fact that inequality in distribution of social, economical, political and cultural opportunities among people gave the birth of the violent insurgency in the country. Understanding the conflict of needs the understanding the history of Communist Party of Nepal {CPN Maoist}.

Communist Party of Nepal got split several times in several fractions since its establishment because of the ideological difference as well personal egos of among its leaders. The Nepal Communist Party {CPN} Maoist was also a fraction of the Communist Party of Nepal; it was established by some radical communists. In November 1990, CPN-Mashal of Parchanda {current president of Maoist}, Proletarian Laborers Organizations {PLO}, and CPN- Mashal of Baburam Bhattarai {corrent second leader of Maoist} formed a party called CPN {Unity Center} and the Parchanda was the general secretary. It’s semi underground wing United People’s Front participated in general election of 1991 and stood as the third biggest party in the parliament. But, again in 1994 the party experienced the division into two groups between Nirmal Lama and Baburam Bhattarai.Nirmal Lama’s party contested in the midterm election of 1994 but Baburam’s party boycotted it.

The UPF led by Baburam presented the 40 demands to the coalition government led by prime-minister Sher Bahadur Deuba on December 31, 1994. The government agreed to consider the demands positively except those related to constituent monarchy, multiparty democracy, sovereignty of people, and human rights.In 1995 the unity center led by Parchanda sacked Lama in its Third Plenum, took arms and changed the name of his party to Communist Party of Nepal {Maoist}. The party then gave the ultimatum to the government to fulfill the demands by 17 Feb.1996. But before the date they started their arm activities in western parts, Rukum and Rolpa of Nepal in Feb. 13. Among their major demands were general public welfare, constituent assembly, establishment of secular and republican state, and the abrogation of all unequal treaties between Nepal and India such as 1990 Peace and Friendship treaty and the 1996 Integrated Mahakali River treaty 1996.But the successive governments failed to address the demands of revel in time; rather they adopted the oppression strategies with military means. This war was initially ignored as it had low tendency of conflict; but later on the war spread all across the country. In a very short span of time, it not only isolated the activities of the government and political parties from the rural areas of Nepal, it also militarily strengthened the party. In the beginning, there was the conflict between the police and Maoist; but some years later, it involved CPN [M] and the unified command under the command of Royal Nepal Army that included the police, Royal Nepalese Army and Armed Force. Despite this one side never overcame another. But, fortunately the people’s movement of April 2006 followed by different agreements between the government and the CPN {M} has formally ended up the conflict by opening up the door to further progress of the country.

Conflict and the Role of Civil Society

Nearly thirteen years of fatal conflict in Nepal has badly affected the overall aspect of Nepali people in the country.  The conflict took the lives of more than 13000 people, around 280000 got displaced, many children became parentless, thousands of women lost their husbands and about 1.5 million youths got forced to go abroad for security, safety and make their living.During this period, there were hundreds of cases of the violations of human rights. The activities of the government and political parties were limited only in cities and district headquarters: there was almost no presence of government in the rural communities. Even though the army was mobilized to suppress the Maoist insurgency after the army barracks were attacked in Dang in 2001, the step couldn’t experience any positive result; rather it further deteriorated the situation. The process of democratization and economical development was almost paralyzed.

The Nepalese government had several rounds of peace talk with the revels in the past; but they all failed to give the solutions to the conflict mainly because the government’s reluctance in fulfilling Maoist’s demands under the existing constitution and Maoist’s stance of not giving up their armed struggle before their demands were not met.The impact of conflict has destroyed the development infrastructures, industries, private and public property and communication. People were trapped in the vicious net of poverty, unemployment, and insecurity. The country experienced regular strikes and blockades leading to the shortage of foods in many parts of the country. Since more than 80% part of the country was under the control of Maoist,commercial activities were almost stalled and the rebel had the control over pricing the agricultural products. Mainly the rural population had to undergo pathetic situations because of the conflict. It also worsened the education sector in the country as the educational institutes were closed several times in a week. On the one hand, children in the rural Nepal were forced to join in the revel army as soldiers, on the other; they were used as spies from both sides.

Of course, the conflict has put the country years back in economical as well as social progress; it has also affected on the operations of the civil society organizations’activities all across the country. This paper won’t relate to the impact of the conflict on civil society, rather it explains the role played by civil society in the conflict. Considering the role of civil societies in Nepal during last 13 years, the response to the conflict is very proactive. They have been always advocating for democracy, peace, human rights and transformation of political, economical and social spheres in the country. Their regular contribution in making the conflict less violent less destructive keeping balance between the government and the revel forces is worth of lots of appreciations.

While government and government were heading with their own agendas, civil society always worked towards bringing both conflicting parties on the dialogue table so that they could find some ways to negotiate, and thereby come out with some solutions. Out of their road map to conflict resolution, civil society organizations undertook several initiatives at the diplomatic as well as political level. They initiated the dialogue between the government and Maoist’s sister organization, All National Independent Student’ Union, Revolutionary {ANNISU-R} in May 2004 ending the closure of academic institutes all across the country that was on for one month. As the same, on September 2004, Maoist’s another sister organization called All Nepal Trade Organization Federation {ANTUF-R} had imposed the indefinite shutdown of factories. But in the mediation of civil society activists, they withdrew their call after the signingagreement between the government, employers and ANTUF-R. There were such calls of closure of business enterprises several times in which civil society have played the pivotal role for negotiation as mediator. Taking about role of civil society in negotiation, it is mentionable that, on the pressure of the human rights organizations and media, the CPN {Maoist} and the government observed a truce in October in 2004. During the insurgency many people were abducted by both the conflicting parties and many were disappeared; the civil society organizations have played crucial role frequently releasing many abducted citizens and security personals. Out of the request of civil society, the CPN{Maoist}announced the unilateral ceasefire for four months in 2005; it was a kind of expression from Maoist commitment for democracy set up allowing the citizens celebrate their biggest festivals like Dashian and Tihar.

It is necessary to uproot the main causes of the conflict; for this civil society could play vital role by socializing the different forces of the society. However, they seemed weaker in this aspect. Some NGOs and civil society organizations working for peace have worked towards peace education, civic solidarity, capacity building, lobbing the activities of both parties so as to minimize the destructions and human casualties.Both the parties tried their best to justify their activities and actions. It is pity that most organizations in the civil society took sides of conflicting parties, rather than working as the need of people. This action also has created very negative attitudes towards civil society organizations. During the insurgency period, many human rights NGOs worked hard to promote human rights, campaign for international rights and humanitarian laws. They consistently conducted search and publications; organize public demonstrations, lobbied for the signing of Human Rights and Peace Accord. Besides, they actively got involved in fact finding about human rights violations by both conflicting sides such as disappearances and extrajudicial killings. National Human Right Commission of Nepal {NHRC} is consistently monitoringthe human rights situation and giving suggestions to various in the society. Similarly, Informal Sector Service {INSEC} regularly reports of victims and circulates in the country.   Their contribution to bring the international communities together for peace, security and human rights conditions can be taken as another important job. More civil society organizations have been involved in issue-based activities, but lack the long term vision and alternatives for peace building.

Although there are thousands of organizations in the country, they have not been influential in social awareness and mobilizations as compared to their number.Likewise, most of the NGOs and civil society organizations are confined themselves only in cities when people in rural areas are suffering more than those of urban areas. It is remarkable that many communities kept on mobilizing and creating social awareness to pressurize the government for cease fire and conduct peaceful dialogue. In October 2005, the musical bad like Nepathye organized the Peace Concert in various parts of the country with the message of Peace and brotherhood. On November 12, 2005 around 10000 people surrounded the Regional Administration in Dipayal demanding sustainable peace in the country. In the rural areas, there are several community-based organizations like Ama Samuha {Mother’s organizations}, local Clubs, religious groups and Bau Samuha {father’s organization}; when there was the complete absence of government activities, they have played outstanding role in filling up the gap created out of the conflict in the society. These local grassroots organizations addressed the humanitarian crisis mobilizing their local resources by creating the public spheres for dialogue in need. Whenever the delivery of services was needed but was obstructed by revel force, civil society was always in front to approach the Maoist to create constructive environment for the delivery however, the effectiveness and ability of these grassroots organizations were limited due to their financial problem and expertise.In November 2004, women of Dailekh defied the threats of Maoist and rallied against their activity of abducting children for indoctrination, training and recruitment.  This civil resistance later spread in many other districts as well. They always worked towards social integrity, for social justice and peace.

The government’s failure of conducting the election for constituent assembly in last Junel has aroused lots of frustrations disappointments in people. Compared to the history of conflict resolutions in the world, progress and pace of conflict resolution is moving faster. However, the recent movements and growing tendencies of instability in the eastern Tarai stand as the greatest challenges for the government. Though election of the constituent assembly is the major agenda of the government as well as Maoist, without addressing the demands of Madhesi, Dalits and indigenous and women and other various communities, holding the election will not be fruitful anymore. The CA election has been a hot issue in the political arena of Nepalfollowing the establishment of democracy. But the appropriate modality and the election system has yet to be decided for the CA polls. The growing instability and havocs in eastern region have posed the great challenges ahead. Considering the overall developments in the country, everybody needs to realize that in 21st century power exists in groups of people not just in a party or a group; there are many communities as the stakeholders of the country. The country has been experiencing various social, economical and political inequalities for long. There are many downtrodden communities who have long been oppressed, marginalized and neglected in many spheres of their lives. The deeply rooted class, gender, lingual, and regional inequalities are the main problems of the country that have been obstructing the government from realizing their goals -"Building New Nepal". In this context, the government can turn these challenges as the opportunity to address all the problems of many communities through upcoming CA election.

Even though the insecurity was mounting in the rural areas of Nepal even for civil society, NGOs, INGOs and other organizations and they had to under go very difficult situations in their operation, they have contributed considerably in the conflict resolution process and conflict areas

Conclusion and Recommendations

Building Peace and resolution of peace is not possible overnight, neither is it possible from the government alone. The conflict is the product of different forms of social, economical, cultural and political inequalities, discriminations and exclusions. Civil Society of Nepal hitherto can’t become rhetoric, rather it has to play crucial role by involving itself, in the process of transformation and building long lasting peace, where every Nepali can enjoy their human rights, liberty, justice and equality.

To address the aspirations of people and institutionalize achievements of popular movement 2006, government, political parties and civil society organizations need to work together. Similarly, so as to better address the demands of Madhesi people, indigenous, Dalits and other agitating communities, it is a must to review the election system to ensure representation, especially of those people who are excluded, marginalized, and deprived for centuries. If they could not represent their communities in the forthcoming CA assembly, the constitution drafting process would not be inclusive, democratic, and representative as the expectations of people. If not addressed this problems seriously, there might be further anarchy and conflicts ultimately leading towards civil war. In recent days, Nepal is experience over interference from intentional forces, which has negatively affected in the peace and democratization process in the country. At this point I don’t mean to say that we don’t need any assistance of international communities for the social, economical and political transformation. Of course, we are desperately in need of them; but Nepal has realized that their over intervention in Nepali political arena has badly affected in our peace process. Amidst this, civil society organizations should make their one voice and request to the International community for constructive help so that Nepali people can decide their future themselves through upcoming CA election in coming November 2007.

One most important challenge Nepali civil society is facing is the building of a democratic culture both in government and in civil society and toward building political system that promotes respect for basic human rights and give citizens a voice in determining the authority that govern them. Hence, for and foremost Nepali CSOs should develop democratic culture within their organizations and they need to be uniformly altruistic, accountable, transparent and trustworthy. Then, they should work towards strengthening the infrastructures of real democracy in Nepal. For this, civil society organizations collectively and with commitment should launch their activities like pressuring the government to make democratic policies that strive to help marginalized and excluded people. Civil society organizations should also seek to reduce the influence of forces promoting exclusionary policies or violence. Present Nepal has realized that the civil society has important and effective roles to play in conflict resolution this time. The government's efforts alone are not sufficient in dealing with the multiple causes of conflict in Nepal. Thus, civil society organizations should influence and help the government to carry out a sustainable solution of the present conflict through the dialogue with agitating for cesso that it will be easier to head to the building a democratic nation. Therefore, the role of civil society at the peace talks is crucial. But, the civil society is institutionally very weak in Nepal as the coalition and networking among civil society is virtually lacking. Hence, they should uniformly contribute to the resolution of the conflict because the CA election and the development programs are sure to be almost paralyzed with out the solution of Tarai conflict.

Likewise,civil society must demonstrate a strong commitment to moving beyond analysis and deeper understanding by actually undertaking concrete actions in their respective sectors. Similarly, civil society actors and institutions must be committed to supporting each other's efforts through a sharing of experiences, knowledge and information. The opinion of civil society must be considered in the decision-making process leading to the waging of the ongoing conflict. And, they also need to carry out some political awareness programs all across the country majority of the people lack their rationality in giving votes in the election. As often discussed in civil society spheres, as long as the civil society organizations can’t be free from the dependency by finding alternative sources of their finance, their activities will not be influence. Therefore, they should work towards operating their activities without any outside interference as an independent actor. It is very urgent that society organizations should mobilize and unite communities in support of peace; and providing them with essential social services and humanitarian support. We cannot forget how civil society actors have played crucial roles in some cases where violent conflicts have been averted or resolved in different countries in the world.

It is the responsibility of CSOs to keep extremely diverse Nepali society together through a democratic system that provides a forum for addressing minority grievances. Civil society can play a vital role to integrate the society when there is the struggle of power in Nepali society. The COs have to not only set constraints on state’s tendencies to restore arbitrariness and undemocratic actions but also have to gear responding towards the diverse needs of the People by creating a voluntary platform. Considering the failure of the existing development paradigms in Nepal, it can safely be stated that there is an urgent need for Nepali civil society to formulate and promote alternative development strategies that are friendly toward both entrepreneurs and the Nepali society; and which can be effective to the Nepali realities and traditions. Similarly they also have to work for confidence building of Nepali people by providing necessary things. Besides, they should strengthen, encourage and help people to overcome enormous human security challenges. Civil society can thus be seen as an important part of the natural immune system of the body politic, which should be mobilized to prevent conflict and to help resolve the factors which give rise to conflicts. No doubt, a fabric and vibrant civil society is needed in Nepal for sustain democracy and peace and to usher in an era of economic prosperity. They can be the key to help build a new and democratic Nepal that engenders inclusionary national programs and a welfare Nepal. Nepal has got many wounds during the past 12 years of conflict to be medicated or healed. And, healing requires forgiving certain political crimes, and pursuing legal action on some selected crimes, such as crimes against humanity. Thence, CSOs should push the demand of some healing of the wounds to discourage such potential wounds in the future. Active and vibrant civil society is needed more to check the Nepali government so as not to give it formulate and implement its policies, which are anti people and anti democracy. Therefore, civil society organizations always need to act like watchdogs in each and every issue in the society.

References:-

�	Yuvaraj Ghimire, 15 July 2006 "Role of Civil Society in Conflict Mediation and Peace Building in Nepal"- (CETS)

�	Bhatta, Chandra Dev.2006. "Civil Disobedience and People Power" TheHimalayan Times, April 12

�	thehimalayantimes.com

�	Ball, Nicole and Tammy Harvey. 1996. "Making Peace Work: The role of International Development Community,"

�	Nepalnews.com, Sep. 8, 2004 - Civil Society and Conflict Resolution: Promoting Second Track Diplomacy-Dilli Raman Dhakal

�	Seminar on Role of Civil Society in Conflict Mediation and Peace Buildingin Nepal- 15 July 2005

�	Role of Mass Media in Conflict and Peace in Nepal

�	Jeevan 2006 "Understanding PSPD and Nepalese Civil society Organizations"

�	www.pactworld.org

�	MEETING REPORT InterAction Forum 2004, Workshop on the Role of Civil Society in Peace-building and Conflict Mitigation

�	New York, November 14, 2005 – Human Rights Watch

�	C.D. Bhatta, The Rising Nepal27 July, 2006-Role Of Civil Society In Conflict Resolution

�	Dahal Dev Raj. 2005 "Nepal: Supporting Peace Process Therough a Systemic Approach, Berlin, sept.

�	"UNDP Nepal Annual Report 2006" June 2007

�	Khadka, N. B. 2004. "Conflict Resolution through Mediation," Sahabhagita, Vol 6-7, No. 1-2, November, PP. 35-56.

�	Dahal Dev Raj. 2001. Civil Society in Nepal: Opening the ground for Questions, Kathmandu:CDG

�	www.wilsoncenter.org

�	Building Civil Society in Post-Conflict :Environments from the Micro and Macro

�	Shaw, Timothy M. Sandra J. Maclean 1999. "The Emergence of Regional Civil Society: Contributions to a New Human Security Agenda, " eds. Ho-Won Jeong, The New Agenda for Peace Research, Singapore

Abbreviations:

COs	Civil Society Organizations

SWC	Social Welfare Council

CPN {M}	Communist Party of Nepal [Maoist]

CA	Constituent Election

UPF	United People’s Front

NGO	Non Governmental Organizations

INGO	International Non Governmental Organization

NHRC	National Human Right Commission of Nepal

INSEC	Informal Sector Service

PLO	Proletarian Laborers Organizations

ANTUF- R	Nepal Trade Organization Federation

YCL	Young Communist League

NBA	NepalBar Association

Civil Societies and NGOs Movements in Bangladesh

Mohammed Mamun Or Rashid

MAINS Programme

SungKongHoe University, South Korea

E-mail: rashidmamuns@yahoo.com

1.  ABSTRACT

I would like, in this paper, to discover both conflictive and cooperative dimensions of state-civil society relationship and show how the human security paradigm could be a bridge between the state and civil society in their pursuits of common goals such as democracy, social justice and governance. The empirical evidence analyzed in the paper shows a wide variety and multiplicity of civil society actors at work in diverse issues and contexts. By grounding the experience of civil society movement in an empirical study of NGOs operations and social movements in Bangladesh, the paper demonstrates that civil society empowerment is closely linked with the mitigation of human insecurities in Bangladesh.

2.  BACKGROUND OF BANGLADESH

The emergence of Bangladesh can be portrayed from Mughul Empire in the 16th century, then British colony, exploitation by Pakistani rulers and independent Bangladesh in 1971.

Bangladesh is located in Asia continente specially in South Asia within 1, 45,700 square kilometers. Principle languages are Bangla (Bengali) as official and English. Majority are Muslim. However, at present the population of Bangladesh is 144.4 million and its average annual growth is 1.9%. Life expectancy at birth is 63 years. Per capita income is 480 US$. 50% of total population lives below national poverty line. Rate of literacy (population age 15+) is 41.

Bangladesh Bureau of Statistics. www.bbs.gov.bd

Gross primary enrollment (school-age population) rate is 111. Enrollment of girl is high comparatively boy. The contribution of agriculture in GDP was 49.80% in 1972 but now it is 19.5%.

75% of total population livesin rural areas of Bangladesh. Infant mortality (per 1,000 lives birth) is 56. Child malnutrition(children under 05 years) rate is 48.

Number of NGOs in Bangladesh is excess of 20,000 and most of them focus on poverty alleviation as well as few of them at RBA (Right based Approach).

3. GROWTH OF CIVIL SOCIETY AND POSITION OF NGO IN BANGLADESH

The Bengali meaning of civil society is Shushil Shamaj, literally means ‘gentle society’ or Nagorik Shamaj (society for citizens). The history of civil society is long in this part of the world as the territory known as the deltaic land has deep rooted tradition of religious philanthropy, mass consciousness, peasants’ uprisings, community activities, voluntary actions and socio-cultural activism (Lewis, 2004) Lewis, David. (2004) On the Difficulty of Studying ‘Civil Society’: NGOs, State and Democracy in Bangladesh. Contributions to Indian Sociology, Vol. 38, No. 3: 299-322.. The emergence of Bangladesh as an independent state in 1971 has special relevance with the agentive role and power of civil society. Most of these people did not belong to any political party nor even previously trained as members of insurgent groups or socialist party or guerilla force. Following the war, focus of civil society was shifted to mitigation of people’s sufferings from the natural disasters and post-war emergency situations.

The formation of NGOs during this period formalized the relief works and basic social services urgently needed for the people. NGOs as the major arm of civil society witnessed a substantive expansion in the late 1980s. According to the Hunger Project, the civil society initiatives including NGOs cover 78% of rural areas engaging 24 million people with their programs in Bangladesh. It is estimated that there are 20,000 NGOs in Bangladesh. It has also 21,000 local people’s groups partly financially assisted by local and central government. There are many more who do not take support from government and thousands of traditional community organizations in Bangladesh. According to a World Bank report, there are 20,000 NGOs registered with Ministry of Social Welfare, Bangladesh. Between 20% and 35% of the country’s population is now believed to receive some services - usually credit provision, health or education services - from an NGO. NGOs began working predominantly in rural areas, but have now expanded their programs into urban contexts. Bangladesh is now home to the largest indigenous NGOs found anywhere in the world, with multi-million dollar budgets, high rise offices and not-for-profit business concerns.

However, some scholars focus on the dilemma of understanding civil society in the context of Bangladesh. They show how the NGO community identifies themselves as part of civil society while simultaneously remain engaged in traditional activities of NGOs. Thus the civil society literature and practices create a debate on its conceptual and empirical aspects in Bangladesh.

4. MAJOR CHALLENGES IN BANGLADESH

There are several specific dimensions of challenges in Bangladesh. The first and foremost challenge is existence of pervasive human and income poverty. The population below one-dollar poverty line increases over the years. In 1981, 26.2 percent of population in Bangladesh was below $ 01 a day poverty line which increased to 36.0 percent in 2000. On the other hand, based on national poverty line, population below poverty line is 49.8 percent in 2000 (World Bank, 2005; SAARC, Secretariat 2004).

The second biggest source of threats to human security comes from unemployment and underemployment of huge labor force in Bangladesh. Thesize of the civilian labor force in Bangladesh is 56 million of which 45.8 million are rural and 10.2 million are urban. The number of men that constitute the labor force is 34.7 million while the number of women is 21.3 million. (SAAPE, 2003).  Besides, working conditions in various sectors pose human insecurity situations in Bangladesh. Garments workers, particularly women, and unskilled and low skilled laborers work in considerably unsafe and risky conditions.

Third, personal security is now a big concern of the citizens given the rising tide of crime, political violence and religious militancy in the country.

Most notably, over the last 20 years, Bangladesh has been exposed to the neo-liberal economic policy reforms introduced by the World Bank and IMF through their Structural Adjustment Programs (SAP) and Enhanced Structural Adjustment Policies (ESAP) and currently through Poverty Reduction Strategy Paper (PRSP). On the other hand, it has implications for donor community’s intervention in domestic political process in Bangladesh. Donor countries and agencies are becoming increasingly influential actor in Bangladesh politics.

5. ROLE OF CIVIL SOCIETY AND NGO IN BANGLADESH

Although the current scenario of socio-economic development is far less satisfactory as well as a major source of concern, Bangladesh has achieved success in some vital indicators of socio-economic development over the past 15 years. One such indicator is Human Development Index (HDI) which is closely related to human security. According the Human Development Report 2005, since 1990 Bangladesh has recorded some of the developing world’s most rapid advances in Basic Human Development Indicators (UNDP, 2005: 46). As the report further goes, child and infant mortality rates have been falling at more than 5% a year, the fertility rate has fallen sharply, and malnutrition among mothers has fallen from 52% in 1996 to 42% in 2002. Primary school enrolment rates have reached more than 90%, up from 72% in 1990, with close gender parity, and enrolment in secondary education has been rising (2005, 46).

Apart from the specific socio-economic sectors, the civil society actors remain deeply engaged in all critical moments of struggles by the people and nation – decolonization struggle, language movement, liberation struggle, anti-autocracy movement, and institutionalization of democracy movement. The civil society actors are also persistently involved in localized and micro-level issues linked with human security ranging from Nirapad Sarak Chai (We Want Safe Road) to anti-Acid throwing movement, fertilizer crisis, Osmani Uddyan Gach Kata Birodhi Andolon (anti-trees felling movement) and so on. The fact is that the gradual empowerment of civil society since the late 1980s has enormously contributed to socio-political and economic changes in the country that would not have been possible at the hands of state. The significance of civil society empowerment is so profound that it requires some kind of redistribution of power in favor of non-governmental sector in Bangladesh. In this context, it is worthwhile to briefly mention some specific contribution and movements of civil society actors including NGOs in Bangladesh.

NGOs as a part of civil society have myriad contribution in the field of (1) Economic & Social Empowerment, (2) Social Justice, Human Rights, Decentralization and Political Empowerment, (3) Women Empowerment, (4) Environmental Protection and Legal Aid, (5)  Relief and Rehabilitation, (6) Influencing the Policy Discourse in Bangladesh and (7) Social Movements for Establishing Rights and Justice

6. CRITICALLY REVIEW OF CIVIL SOCIETY AND NGO ACTIVITIES

Despite the success of civil society actors, the threats of human security in Bangladesh continue to exist extensively. Particularly, non-economic threats are becoming more and more visible with the governmental failure and effects of neo-liberal market reforms. Some critical factors need to be considered for strengthening the process of civil society empowerment in Bangladesh. First, it is necessary to change the perception of reducing civil society to NGOs.

Empirical evidence reveals that civil society actors are becoming deeply engaged with the issues of human security such as rule of law, containing violence, stopping human rights violations, corruption of public officials and business sector, state suppression, police violence, criminal activities in society, environmental degradation, free and fair election issues etc. NGOs are not the only or even leading actors in many of these issues. Social movements, think-tanks, citizens’groups/committees, labor associations are playing the critical role depending on the issue and context. The NGOs with their organized networks and infrastructure are certainly participating and supporting these citizens’initiatives. The basic problem with NGOs is that they cannot hold the state accountable for its misdeeds of commission and omission, nor do they provide or facilitate citizen inputs to policy making. Civil society can perform better in this regard. NGO sare better in service delivery. There is also a concern that the way NGOs are getting involved in commercial activities, over the years they may develop vested interests with governments, business and donors.

Second, the most crucial success of NGOs in Bangladesh over the past two decades is micro-credit. But if it is compared with the need of the poor people in the whole country, then it still remains a small portion of support. One reason for such reality is that the NGOs tend to exclude the ultra-poor in both micro-credit and social programs.

Third, the politicization process of civil society actors needs to be stopped. Many NGOs, think-tanks, labor associations often become deeply partisan blurring their differences with political society.

Fourth, the operations of NGOs in particular need to be transparent and accountable in the eyes of people and through the laws and regulations of government. The civil society actors in general need to focus on expanding and deepening of representation and democratization by incorporating diverse issues and actors in society. The question of leadership is another critical area that needs to be decentralized. Many civil society organizations including NGOs run as a one-man show although they are performing some good works.

7. CONCLUSION

In the concluding part- I would like to mention that civil societies and NGOs movement in Bangladesh is in mid stage between introduction and maturity. Though it has long historical background but dialectical achievement in several dimensions is still up to the mark.

The Role of the NGOs and Civil Society in the Changing times:

the Philippines Experience

Ms. Jessica Umanos-Soto

Inter-Asia Graduate School of NGO Studies (IGSONS)

SungKongHoe University, Seoul, Korea

Programme offered by SungKongHoe University
& Asian Regional Exchange for New Alternatives (ARENA)

Overview

After martial law was declared in 1972 by president Marcos, many activists and groups joined the revolutionary underground movements. When martial law was lifted in 1982 until the 1986 Presidential Snap Elections, people’s movements were organized to struggle against political repression and to establish democracy in the Philippines. After the 1986 People Power onwards during the democratization period many non-governmental organizations were established on various social and political issues. The widespread human rights violations during the Aquino Administration from 1986 to 1992 made it unbearable for the people’s movements and individual activists and concerned citizens to accept that our new found freedom is a farce. There were confusion and frustrations, from the early 1990s many political groups split up and after the latter part of the 1990s the economic crisis and resulting impoverishment became the main issues.

It is against this backdrop that the multi faceted and diverse of formation of NGOS in the Philippines were established. Largely, the birth of the NGOs in the Philippines can be traced back 15-18 years ago after the People Power revolution in 1986.  As the word non-governmental organization connotes, it is a structure that is explicitly identifying itself as outside the power and influence of the government or state but is willing to work with the state in the advent of a new leader to make the democratic transition work. And Philippine NGOs through the years have become part of the Philippine civil society.

The proliferation of NGOs in the 90s in the Philippines is primarily a product of the resurgence of democracy or democratization after twenty three years of martial law. Eventually other institutions that were established during the dictatorship regime where called NGOs that have played a vital political role in trying to strengthen the democratic institutions in the country. There have been plenty of innovations in activism in the Philippines during the democratization process and suffice it to say that NGOs were praised and criticized at the same time by both the state and some peoples or social movements.

But let me present its historical context to have a better appreciation of what would be the future of NGOs in the Philippines which I will articulate in the concluding part of this paper. As well, my presentation will deal with the generalities of our past realities and based from my own experience and observation during the last 24 years that I have been involved with different NGOs.

Historical Background

A.	Martial Law period

As the saying goes, NGOs were not extracted from the ribs of Adam. It can be tracedback during the height of political dissent in the Martial Law period and subsequent attack against this dissent by the dictatorship. During martial law these were programs within the Church structure for example Task Force Detainees of the Philippines (TFDP) which is a program under the Association of Major Religious Superiors of the Philippines (AMRSP).  Church-based institutions were allowed to run their programs because the Government cannot afford to directly attack the church. The church program was also influence by the changing ideology of the church coming from the Liberation Theology from Latin America which can be coined simply as "Work with Poor, Deprived and the Oppressed". The church programs eventually spinned-off into separate institutions from being church-based such as TFDP, and new sectoral based institutions emerged such as EILER, Farmers Assistance Board, Phil Peasant Institute, and even IBON, a social research institution, to name a few.

Their roles were generally addressing sectoral issues and actively working for human rights promotion and protection.

B. EDSA II

After Marcos was booted out of power thru the people power revolution or what is also commonly called EDSA I, there was an outpouring of support to President Cory Aquino. Foreign-funding was flowing like never before to the NGOs.  Institutions like Cooperative Foundation of the Philippines Inc. has a project called "Coops for the Poor Program, the Philippine Rural Reconstruction Movement has branches in almost major provinces and PEACE Foundation is a nationwide NGO for rural development were all implementing billion-worth of projects through the years.  The staffing complement has reached to more than a hundred and the coverage of their projects was nationwide with programs such as people power empowerment to area-integrated sustainable development.

Around that time, many activists in the underground movement came out and started to work in the NGOs because they saw a new arena or alternative to support the struggle of the masses.  I personally did not see anything wrong with this trend but eventually these activists were replaced by "professionals NGO practitioners and NGO work has become a career for them. But I would say that it was also a response to the demands of the donor and aid agencies to professionalize the NGOs for the purposes of accountability. Many activists who left universities went back to study and took courses on community development and other related courses.

During this time, NGOs are the organizations or institutions that are socially-oriented groups and the government has no option but to recognized this phenomenon so the government set up a legal mechanism of accreditation and certification for them to operate but they were lumped together with other civic organizations like put a legal Rotary Club, Lions and many more that are not within the direct mandate of the state.

The NGOs then have their own world, so to speak, to implement their own programs. They are over confident because they have plenty of resources. Eventually they became the counter-pole of government in terms project implementation.

C. The transformation of the NGOs

The big NGOs I mentioned were able to establish influenced in many areas that were also considered as hotbed of insurgence and these NGOs are beginning to play major political role not only in the Philippines but as well as in the regional and international communities. This eventually paved the way into the cooptation of the NGOs because the funders are dictating the results of the project rather than the other way around.

The anti-communist propaganda is at work again. Social tensions among and between NGOs and people’s organizations as well as among progressives and non-progressive staff seeped through. And by late 1990s, the NGOs experienced what we call the donor fatigue. Big NGOs started laying-off personnel and closing its programs. However other NGOs persisted in their NGO activism because the social conditions are still present and even getting worse.

NGOs and Civil Society

This part will focus on the present the role NGOs played in the context of the larger civil society in the country but first let us level off when we refer to civil society as a terminology. Civil Society in the Philippine context is defined as a movement composed of people’s organizations, trade unions, cooperatives. Alliances, party list working for social justice.

In this context, NGOs have also re-defined and revisited their strategies. For the past several years, critical collaboration has been the trend and most of them are no longer as militant as before.

Nowadays, NGOs are competing in the paradigm of civil society where competing interests (whether these be political, cultural, social or economic) were measured through effective monitoring and desired outcome under the ideology of neoliberalism whenever there is a favorable condition of funding.

However, the Philippines experience has often been referred to as a successful experience of a vibrant and dynamic civil society because of the strong NGO presence and would often be compared to the experience of Chile in Latin America. But I believed that it is successful on the one hand because the NGOs compensate for the inadequacy and weaknesses of the newly constituted democratic government to institutionalize democratic institutions and to make the system work to democratize the country at all levels and on the other hand the long history of resistance of the Filipinos to any oppressive and undemocratic system centuries made the NGO work in the Philippines relevant. The democratic consolidation, as in many other countries, after the democratic shift has become a long process than what Filipinos thought it would be. And some authors attributed the relative success of the role of NGOs in the Philippines civil society to the historical development such as the legacy of the colonial past, the process of class formation and urbanization (Fisher, 1998) I would add that the grassroots community has given credibility to that claim as well.

Another author pointer out that highly organized NGO sector in the Philippines where, for all political engagement, broader movements are often reactive and short, principally because their longevity is challenged by personal, ideological and regional tensions. Ngo building effectiveness and broad based coalitions over a substantive period of time is somewhat thin (Clarke, 1998). This may be true but there has been some efforts being initiated by different political blocs, NGOs and peoples movement over the last couple of years to come and work together in the challenges posed by the 21st century.

Conclusion

In 2002, there were around fifty eight thousand registered NGOs in the Philippines which include traditional associations and civic organizations as defined by the law.

I do not see the NGOs fading away. They are here to stay and they should stay playing their distinct role. For whatever weaknesses and shortcomings the progressive NGOs had, those should be lessons for learning. The signs of the times are even worst; the situation from daily life world to the climate change is making human more vulnerable. What is left to be done is overwhelming, so to speak. The NGOs has to rethink its new role. It should not just be funded-driven, it should take mainstream issues at the core of their work. And it should recognize that the social movements are their partners for real social change.

I have to post more questions rather than prescriptions. More challenges to address rather than solution and let me begin by my statement below;

We, as individuals and NGO activists should not stop organizing people. We should end the alienation of the ordinary citizens from the political processes. We should not loss sight of the fact that economic changes have lead to increases in poverty and inequality and the changing labour market has led to the weakening of social protection for the most vulnerable population.

NGOs should contribute to understanding that some guiding principles are in flux. On why young women are suspicious of feminist claims and ideals, why people are questioning the relativism that multiculturalism requires and why the redistribution of wealth and power are not seen as realistic political and economic solutions to social problems. Why the debate on state responsibilities and accountability is very shallow?

We also have to go back to the basics of reaching out to the community people genuinely. They are not just show cases for funding agencies but the bedrock for any kind of social change and their political participation can be enhanced if there is a strong community networks.

The people are the heart of what NGOs do. They are the critical mass of people that take the action for change.

NGOs should put aside their differences and form new alliances with other progressives so that understanding of the fundamental political landscape contributes to their advocacies whether its policy or structural changes.

NGOs should remain relevant by continuously learning and educating themselves so that their reasons for being are supported by the people they are trying to serve. In that way NGOs can really make a big difference.

Resume:

Ms. Jessica Umanos-Soto

Inter-Asia Graduate School of NGO Studies (IGSONS)

SungKongHoe University, Seoul, Korea

Programme offered by SungKongHoe University
& Asian Regional Exchange for New Alternatives (ARENA)

Work and Professional Experiences:Extensively worked in Human Rights and Related Political Issues, Sustainable Development, Trade Union Organizing and Alliances, Community Organizing including training of community organizers in rural development work.

A. Related Job Experiences:

1.	Executive Director: Amnesty International Philippines (February 1997-January 2007)

Section Campaigns Coordinator, Amnesty International Philippines (1995-1997)

Project Development Officer, Amnesty International Philippines  (1992-1994)

Officership within Amnesty International (International Secretariat)

v	Member, Steering Committee, Directors Forum Meeting, 2004-2007

v	International Women Network – 2002-2004

v	Member of the Steering Committee, Asia Pacific Grouping Meeting, 1998-2001

v	Working Group on ASEM – 2005

Philippine Network Membership

�	Board member of the National Institute for Policy Studies (for two terms now)

�	Member of the council of leaders (auditor) of Peace Advocates for Truth, Justice and Healing (PATH) (founding member)

�	Alumni of Asian Institute of Management (AIM)

2. Philippine Rural Reconstruction Movement (PRRM) - Technical Staff to the Operations Control Manager (Feb 1992- Oct 1992)

3. Peace Formation Foundation, Inc. (PEACE) - Trainer/Special Project Staff - (June 1990- Jan 1992)

4. Workers Alliance In Region 3 (WAR III) Project Officer for International Solidarity Affair and Trainer For the Trade Union Rights- (January 1987-May 1989)

5. Task Force Detainees of the Philippines (TFDP) - Pampanga Unit Coordinator- (1985-1986)

6. Task Force Detainees of the Philippines (TFDP) Central Luzon, Head,  Research, Documentation and Publication (1983-85)

B)	Publications

v	Enhancing Partnerships Towards effective Strategies on DDRR, Second National Consultation Workshop on the Use of Child Soldiers in the Philippines, 09-12 November 2003

w	Framework Setting: Prevention and Protection Programs and Strategies, pp15-16; 60-64

w	The first National Consultation Workshop: A Review; pp 125-127

w	Session Six: Presentation of the Two-Year Action Plan of Action; pp141-150

w	Session Seven: Structure and Membership; pp150-154

w	Appendix Eight Press Conference/Coverage; pp 164-167

v	Human Rights Education in Asian Schools, Volume Four, Asia Pacific Human Rights Information Center , Osaka, Japan, A Philippine Response to the United Nations Decade for Human Rights Education; pp 25-35

v	Shopping List of Techniques in Teaching Human Rights, Second Edition; December 1998, funded by Operasjon Dagsverk, Publication Team

v	Trainer’s Manual –Human Rights Education Learning Package, Publication Team; December 1998, with funding support from Operasjon Dagsverk, Norway

v	An Amnesty International Pilipinas’Learning Package, Human Rights Youth Action Network, Project Team, 2001

C)	Educational Background

v	BS Sociology, Center for Non Traditional Study Program and ETEEAP, Polytechnic University of the Philippines

v	Asian Institute of Management, 34th Program for Development Managers
May 2002, completed with Superior Performance Award

v	Undergraduate (3rd year level): BS Biology (Microbiology) Central Luzon State University, Munoz, Nueva Ecija

v	Primary & secondary education, St. Joseph's School, San Jose City, Nueva Ecija.

Civil Society and Ngo movement in Sri Lanka.

By  : Nilani Manthrinayake.

MAINS,

Sungkonghoe  university.

Histories

Civil society in Sri Lanka is to a large extent shaped by the colonial experience of the island, and is linked with the establishment of the modern state and its electoral political system in the first half of the 20th century. The mobilisation of people to voluntarily get together to work for common good, is however older than that. In pre-colonial times, grass roots organised around the need for collective work in temples as well as for irrigation. The notion of pre-colonial cooperation and harmony, and an ideal traditional (Buddhist) society, which was forlorn with colonialism and modernisation, and which needs to be revived, today forms part of the village mobilisation rationale of the Sarvodaya movement, as well as of Sinhalese nationalist discourse (see Gombrich & Obeyesekere, 1988: 243-55; Brow, 1990).

Colonialism, however, brought modern civic organisations, many of which sprung from Christian missionary activity, and involved in educational and social activities to benefit disadvantaged populations, e.g. the Baptist Mission (1802), and the YMCA, YWCA, and the Salvation Army, established in the 1880s. The Christian organizations were soon to be mirrored by a similar set of organizations that were Buddhist, Hindu and Muslim, e.g. the Muslim Education Society (1890), the Maha Bodi Society (1891), and the Young Men’s Buddhist Association (1898).  During the first half of the 20th century, boy scout and girl guide associations were formed, as were the Rotary Club of Colombo and the Red Cross Society (Wickramasinghe, 2001: 76-7; Fernando & de Mel, 1991: 6).

It has been argued that social movements grew in Sri Lanka as a reaction to the grave social and economic changes brought about by colonial rule(Fernando & de Mel, 1991: 3). However, most of the movements were not purely indigenous reactions, but largely inspired or instigated by Western movements. The temperance movement (with its precursor originating in the USA), reacting to increased drunkenness and colonial revenues earned on alcohol, grew large in the first decades of the 20th century, and in 1914 the Total Abstinence Central Union had 30,000 members. The Cooperative Movement started in the early 19 hundreds with the aim to provide credit for rural agriculturalists, but expanded also to the fields of production and marketing, reaching a membership of over one million. The first rural development organization, Lanka Mahila Samiti, was established in 1930. In the 1950s and 60s, however, cooperatives, rural development societies and school development societies were co-opted by local government structures and used to implement development policies, and influence and mobilize the grass roots on political issues  (Fernando & de Mel, 1991; Forut, 2000).

Jayadeva Uyangoda argues that a public space, where organisation and activity were not controlled by religious and political authorities, was paved the way for by the Buddhist movement of the revivalist and nationalist Angalika Dharmapala. With the agitation of his movement, a Buddhist civil society, independent of the temple space was formed. In the 1920s by temperance societies were founded, along with mahajana sabhas (great people’s councils), gatherings where a popular consciousness of constitutional rights, franchise and legislative politics was created. Also youth associations, women’s clubs and marginalised caste associations thrived in the 1920s (Uyangoda, 2001: 203).

The labour movement of Ceylon came to use the social and political space that had been opened up by these movements. The labour activism was urban based (the printers of Colombo organised the first labour strike in 1893), initiated by students who had returned from Britain with socialist ideas, and often led by middle class professionals. The movement, and its leadership, was closely linked to the religious and political agitation of the independence struggle. The institutionalisation of the labour movement is summarised by Kumari Jayawardena:

The urban workers, whose first hesitant attempt at trade-union activity in 1893 was branded as sedition, had by 1928 signed a collective agreement with the most powerful group of urban employers in the private sector. From being politically inarticulate and unrepresented in the legislature in the 1890’s, the urban working class began to be politically vociferous in the 1920’s, obtained universal suffrage by the reforms of 1931, and transferred their hopes to the political leadership of the Ceylon Labour Party, formed in 1928 (Jayawardena, 1972: xv).

The left thus abandoned civil society politics for state instrumentalism. As we have seen, civic mobilisation and organisation took had been carried out around several different lines; temperance, rural, caste, democratic, religious, anti-colonialism, and socialist. While the labour movement contributed to the secularisation of civil society politics along class lines, the religious and/or nationalist divisions soon came to dominate. Much of the anti-colonial struggle aimed towards the recognitionof all indigenous languages and cultures, but ended up (as described in the previous chapter) in a post-independence Sinhalesation of the state, followed by Tamil nationalist protest. The Sinhala-Tamil nationalist struggles were fought by both political and civic actors. The large scale non-violent Tamil protests of the 1950s and 60s were often organised by was organised by civil leaders (for instance in 1961 the whole Northeast came to a standstill due to a three months satyagraha protesting the introduction of Sinhala Only in courts –a protest which was violently suppressed by the Sri Lankan state, int. F10). With the rise of militancy, earlier movements in the north and east, e.g. that of the oppressed castes (which launched considerable campaigns for temple entry in 1968), teachers associations, progressive writers associations, as well as the trade unions and left movement, diminished.

Non-Governmental Organizations, just as the concept itself, became part of Sri Lanka’s civil society in the 1970s. Foreign NGOs entered the country in larger numbers from the 1980s, and foreign funding of local NGOs was reinforced after the onset of the violent conflict in the 1980s.

A Civil Society Today?

Today, estimations of the number of community based organisations (CBOs) in Sri Lanka are in the hundred thousands. Included here are funeral assistance societies (where villagers pay a small membership fee and in case of death in the family receive help with the almsgiving and funeral), youth and sports clubs, ruraldevelopment societies and religious societies. The leadership is normally traditional, typically male, relatively well-off, over 45 years of age, and posts are often held for long periods. Charity organizations, caring for disabled or orphans, are formed by committed individuals and groups, and depend on private donations or support from international agencies. Temple societies in Hindu villages engage in social and welfare activities, while the Mosque committees of Muslim villages usually provide strong local leadership, coordinate all common activities, and grant permission before other CBO activities can be initiated. Buddhist temple societies resemble the Hindu ones, although the Buddhist monks often take on a clearer role as leaders and political actors. (As much as 40 percent of the population is estimated to be members in some form of cooperative society.?) There are 1,500 active trade unions, mainly struggling for improved pay and working conditions, but also protesting privatization, globalization and the break-down of labour laws (Forut, 2000). Many of the unions are strongly linked to political parties. About one-sixth of Sri Lanka's 6.5 million workers belong to a union (Ariyadasa, 2003). Moreover, there are about 40 professional associations with about 40,000 members, the largest being the Government Officers Medical Association and the Bar Association with 5,000 members each. There are also about 40 chambers for the around 30,000 private sector manufacturers and traders in the country (Forut, 2000 double check!!!).

In Sri Lanka, there is a long tradition of external agency encouraging the formation of community based organizations. Apart from the funeral assistance societies (which exist in Sinhalese villages) most organizations have been formedon the initiative of the government or an NGO coming from the outside. There is very little self-started civil society activity with linkages horizontally (to other villages or districts) or vertically (except for the funding relationships with governmentstructures and NGOs) (Forut, 2001: 14). A study of CBOs in Puttalam, Vavuniya and Anuradhapura districts, carried out by Forut, reveals that most CBOs had small membership numbers and carried out geographically very limited activities, chiefly in the field of community development, micro-credit, livelihood diversification and sports (activities which are often encouraged by external funders). Seventy percent of the CBOs in the study were less than ten years of age, an indication of the novelty of international and national NGO interest to work through CBOs in villages. The dependency on external forces has lead to a market-oriented mentality among the CBOs, and to a decline of volunteerism, as concluded in the Forut study:

the ability to self-fund was notconsidered and the goal for starting new activities was always the securing of funds from the INGO/NGO sector. The perception is that NGOs are a potential market to be exploited in funding activities as they have more available resources than the state, but that NGOs are only interested in funding relief activities to displaced persons (Forut, 2001: 22).

In the early 1990s, about one fifth of the total foreign aid received by Sri Lanka was channeled through NGOs (Wickramasinghe, 2001: 75). According to Wickramasinghe, the decision of donors ‘to privilege NGOs rather than political parties or trade unions as intermediaries between the unorganized masses and the state is a calculated one […and] the effect is an inevitable depoliticizing of society’ (Ibid: 94). The growth of the NGO sector, or what we in the theory chapter discussed in terms of the ‘taming of social movements’has been criticised in Sri Lanka as the attempt by neoliberal forces to substitute system critical voices within civil society. It has been argued that there is ‘a direct relation between the growth of social movements challenging the neo-liberal model and the efforts to subvert them by creating alternative forms of social action through the NGOs’ (Uyangoda, 2001: 188).

Civil Society, Politics and the State

In Sri Lanka today, the ability to mobilize mass protests is mainly in the hands of political parties. Demonstrations against increased costs of living, and against (or in support of) the ruling government can draw tens or even hundreds of thousands of participants, mobilized through the efficient partisan structures, and motivated by the benefit party supporters get when their politicians seize power. Party politics has come to overshadow civil society in Sri Lanka, since the early democratization forced upper class politicians into an alliance with rural lower middle class, which gave way to political patronage (Stokke, 1998). In the words of one analyst a ‘feudal culture of authority centered loyalty transformed into a party centered or state centered loyalty’ (int. C13). The expansion of the state sector during the 1950s and 60s put politicians and state bureaucrats in control of the distribution of jobs and almost anything the citizens desired. This also contributed to deeply rooted expectations among ordinary people of themselves as passive receivers of what politicians deliver. When foreign aid and NGOs were brought in from the 1970s and onwards, they came to reinforce these expectations (Hettige, 2000: 10f).

Marcus Mayer compares the Sri Lankan weak civil society activity with the strong village-based social movements in the South Indian state of Kerala, which like Sri Lanka is characterized by high literacy rates and other favourable social indicators. He concludes that in Sri Lanka ‘people have developed a passive "receiving-mentality"rather than the awareness to actively demand the fulfilment of certain needs from the respective authorities’, i.e. political patronage substitutes a demanding civil society (Mayer, 2000: 167)Findings from the National Youth Survey, carried out in 1999/2000, indicate that rural youth do not associate with village-based institutions or organisations, and hardly participate in civil or political activities, nor form groups among themselves (Ibid: 162)..

The rise of foreign funded NGOs, engaging in social work, paralleled the decline and weakening of the state. The relationship between the state and civil society organizations has sometimes been tense in Sri Lanka. State repression of popular protests (e.g. brutal crushing of the JVP uprisings, of the Tamil non-violent protests and of the public sector strike in July 1980), and the striving to control (or even restrain) NGOs have characterized this relation. Especially during the UNP rule 1977-94 the space for civic organization and protest was very limited. NGOs in Sri Lanka have been subject to suspicion by both the state and general population, and are often perceived as corrupt entities serving foreign interests, which need to be controlled by the state (Uyangoda, 2001: 193). The small number of state-NGO partnerships is an indicator of this distrust, as is the legislation aiming to control NGOs (Wickramasinghe, 2001: 100).

In 1980, voluntary service organizations were compelled to register with the Ministry of Social Services, and in doing so submit to direct government control. Ten years later, a presidential commission was appointed to deal with the fact that foreign funds were flowing into international and national NGOs without the knowledge of the government. The report, which came out in 1993, confirmed allegations of malpractices and misappropriation of funds by NGO staff, as well as deceitful conversions to Christianity by certain NGOs. In the early 1990s, the Sarvodaya movement, and its leader Dr. Ariyaratne were subject to a fierce campaign – including death threats and media attacks –by state actors, most likely motivated by both personal animosity and fear of the power of the popular leader of the large organization (Saravanamuttu, 1998: 119Wickramasinghe, 2001: 84-5; Perera, Marasinghe & Jayasekera, 1992). After the change of regime in 1993 and 1994 the state pressure on civic organisations has eased.

Today, organizations can register as (a) an NGO under the Ministry of Social Services, or (if regional) the provincial ministries of social service, (b) as a non-profit making organization at the Registrar of Companies, (c) as a trust under the Public Trustee, or (d) be incorporated through a parliamentary act (S. Balakrishnan, personal communication, 27 nov 02). Many civic organizations are unregistered, and only about 4,000 NGOs are listed with the Ministry of Social Services (Wickramasinghe, 2001: 82). Attempts to enforce and sharpen the registration requirements in 1998 and 1999 were protested by civic organizations (Law & Society Trust, 2000: 222; int. C17).

References  : Camilla Oriuela