As I reflect on the past five years since 7th September 2019, during which I have published over 260 legal op-eds examining the rule of law and democratic values in Bhutan, I am struck by the profound implications of this journey for our nascent democracy. The response to my writings has been largely positive and many have expressed appreciation. Disconcertingly, some have resorted to extrajudicial tactics to suppress my voice, including intimations of incarceration and other punitive measures. Notwithstanding these challenges, I remain steadfast in my commitment to fostering discourse on these pivotal issues, recognizing their profound implications for our fledgling democracy.

Critics often argue that I focus solely on fundamental rights while neglecting fundamental duties. This perspective, however, misses the symbiotic relationship between rights and duties in fostering a society that values open dialogue and respects diverse viewpoints. The Constitution of Bhutan explicitly states that “every person shall have the duty and responsibility to respect and abide by the provisions of this Constitution”.” The exercise of freedom of speech and expression is also fulfilling our fundamental duties as citizens.

My writings are an important aspect of my fundamental duties as citizens to foster tolerance and mutual respect, as outlined in Article 8.3 of our Constitution. This delicate balance between rights and duties enriches our democratic fabric and propels us toward a future where diverse perspectives are not just tolerated but celebrated.

Our great monarchs, since the establishment of the Wangchuck dynasty in 1907, have consistently upheld the rule of law and democratic values. They have introduced progressive reforms, from abolishing unreasonable taxes and slavery to establishing the National Assembly and separating the judiciary from the executive. The rapid decentralization process to the introduction of democracy, despite public reluctance, and the abdication of the throne with an age limit set for the monarch, exemplify their commitment to a unique democracy based on the rule of law and Gross National Happiness (GNH).

As a young democracy, Bhutan must recognize that dissent, differing views, and constructive criticism of legislation, policies, and public figures are not just essential but necessary. My op-eds primarily aim to stimulate dialogue, uncover solutions, and prioritize national interests as our young democracy evolves, while acknowledging occasional personal influences.

On hind side, while there is a general acceptance of criticism in the country, there are also significant repercussions for those who voice dissent or provide differing views. This environment of scrutiny can deter citizens from exercising their democratic rights, which are crucial for a healthy democracy.  Some even are afraid to like my op-ed on social media in public due to fear of repercussions instead send me private messages of support.

Reflecting on five years of legal op-eds examining Bhutan’s rule of law and democratic values, I am reminded of His Majesty’s inspiring words about our national journey during the launch of Historic Gyalsung this week. As His Majesty said, “Things are not achieved easily. Greatness can only be accomplished when you overcome great adversity put in an enormous amount of work and leave out gratification for now. We want to make sure Bhutan becomes one of the most relevant countries.”

As I continue to foster open dialogue and respect diverse viewpoints, I am only fulfilling my fundamental duties as a citizen to honour the legacy of our monarchs in building our unique democracy based on GNH.

Sonam Tshering

Lawyer, Thimphu

Disclaimer: The views expressed in this article are author’s own