Human Rights Education in Bangladesh*

Seminar on Human Rights Education (19 May 2012)

Human Rights Education in Bangladesh*
 
By Dr. Uttam Kumar Das**

"Without education, we cannot see beyond ourselves and our narrow surroundings to the reality of global interdependence. Without education, we cannot realize how peoples of other races and religions share the same dreams, the same hopes. Without education, we cannot recognize the universality of human aims and aspirations."

-          Former United Nations Secretary General Kofi Annan[1]

This brief paper aims to reflect on the aim and purposes of human rights education, its importance, present context and reflection on the situation in Bangladesh.

Education is a fundamental human rights. The importance for the human rights education has been underlined in the Universal Declaration of Human Rights, 1948 and in other international human rights instruments. 

Human rights education includes efforts to “build a universal culture of human rights through  imparting of knowledge and skills and moulding of attitudes.” Specifically it aims to:

1. Strengthening respect for human rights and fundamental freedoms;
2. Fully developing the human personality and its sense of dignity;
3. Promoting understanding, tolerance, gender equality and friendship among all nations, indigenous peoples and racial, national, ethnic, religious and linguistic groups;
4. Enabling everyone to participate effectively in a free society;
5. Furthering United Nations activities for maintaining peace.[2]

There are growing consensus that human rights education can contribute to reduce human rights violations and can also contribute to building up a free, juts, and peaceful society.

There are various dimensions of human rights education:

·        Knowledge- providing information about human rights and the mechanisms that exist to protect those rights;

·         Values, beliefs and attitudes- promoting a human rights culture through the development of these processes; and

·         Action- encouraging people to defend human rights and prevent human rights abuses.[3]

Situation of Human Rights Education in Bangladesh:

There are various streams of human rights education; however, those could be listed mainly as (i) mass education (ii) academic education. Again, both of the types could be divided into other sub-streams.

The mass education of human rights has been mainly initiated by non-governmental and civil society organizations. However, those are mainly donor-driven and time-bound. There are also lack of continuity and sustainability of the so called awareness programmes, poor quality of communication, lack of qualified trainers, alleged corruption in those activities etc.

Though, some of the donor-driven and government-run training programmes have included “human rights issues” in their curriculum, however, there are lack of qualified faculty members and trainers as well.

That’s why despite of years of so-called awareness activities, 50.2% of the population “never heard of the term ‘human rights.”[4]  

With regard to academic programme, we are lack behind. Human rights issues are yet to be incorporated in the primary, secondary and tertiary levels.

There is no independent programme on human rights in any university except only one (e.g, DIU). However, Human Rights or Human Rights Law is taught as a course at law departments in some universities. But the curriculum, teaching methods, expertise and experiences of the faculty member concerned and availability for the designated classes (at private universities, most of the faculties are part-timer), engagement of students with the issues require a thorough review. [After talking to some students, I have come to know that the respective teachers do not share any syllabus/course outline beforehand as well. This is the reality both at the private and public universities].    

In this backdrop, the Faculty of Law, Dhaka International University has made a milestone through introduction of two-year Master of Human Rights Programme in 2004; which is now turned into the Master of Human Rights Law with an independent Department. However, though the initiative is praiseworthy indeed, however, it is challenging at the same time.

  

 Law School and Human Rights Education: 

In developed and in some of the developing countries (including India), Human Rights is studied and taught as an independent and inter-disciplinary subject as well. Hereby, I am giving you an example of the University of Minnesota: Human Rights Law is taught as a concentration in the Master of Laws Programme at the Law School; for a concentration, one requires to study minimum of 12 credit hours out of required 24.    

At the same time, there is Human Rights Programme under the College of Liberal Arts which is for non-law students at undergraduate and graduate levels. However, law students are also allowed to take a designated number of credits there (e.g., maximum four credit hours).   

However, both at the Law School and the College, the programme is designed in such a way where one requires to: (i) study designated text books and reference materials, respond to questions by the Professors, ask questions, and participate in the relevant discussion at classes (ii) enhance analytical and writing skills, (iii) participate (present as well) in related seminars, (iv) design and present own/group projects and make presentations, (iv) write individual/group paper(s) or sit for an examination.    

What our Law Schools are doing?  

At first, let me look into the purpose of a Law School; again, I shall go back to the University of Minnesota Law School.

The Dean of the School of Law, Professor David Wippman told the graduates in the 122^nd Commencement Ceremony (15 May 2010) that: “We want students to come to the Law Schools not to learn how to memorize Statues and Rules, rather, we want them to come here to learn the skill and techniques how to find a statute and rule, how to read it out, how to interpret and analyze the same in a given legal problem in hand.”[5]  

According to veteran Indian legal academic, Professor N. R. Madhava Menon, who pioneered through establishment of National Law School India University in Bangalore, the objective of legal education is to produce: (i) sufficient competent lawyers, prosecutors, and judges to administer the judiciary; (ii) well-trained law personnel for providing legal services to the government departments and corporate institutions; (iii) legal researchers and academics for legal education, legal reform, good governance; and (iv) disseminate legal knowledge and culture conducive to the Constitution, rule of law, good governance, human rights, and democracy.

However, what is going on here in Bangladesh. I can summarize that in one sentence, however, quoting Professor Mizanur Rahman, Chairman of the National Human Rights Commission, who told me in an interview published in The Daily Star: “a disastrous situation is going on.”[6]

And who is responsible for that; we all: the government, policy makers, Bar Council, legal academics, legal practitioners, students, and guardians.  

And at the latest the “University Owners”- which is to mean some private universities which believe in quantity of students/graduates, hardly on their quality. The same also goes for private law colleges with all the “part-timer-” students and teachers.   

After 41 years of independence, we do not have any Policy on Legal Education (nor have Policy on Human Rights Education). The donor agencies or development partners hardly pay attention to the issues. Then, one can ask- how a pro-justice legal and justice system is possible without a sound legal education? How will we get a quality lawyer or judge without a quality in the legal education?

By quality, I do mean the development of human quality of an individual along with enhancement of thinking capacity, analytical, writing and presentation skills with devotion for professional ethics and integrity and intend to do good for others.

But who will take the courage to make things happen? When will we have a Professor N. R. Madhava Menon here?   

Prospects of Human Rights Education:      

There are prospects for every branches of knowledge, if it is learnt properly, knowledge and skills of the individual is enhanced.

However, since our today’s topic is human rights education (and majority of our audience are young law students), therefore, I shall try to reflect on the particular aspect only.

Given the emergence of globalization, all most all professions turn to a global one. However, there are exceptions and discriminations, dominations and monopoly by developed countries over the prospects and benefits of the globalization as well. For example, there is free flow of capital, however, no freedom for human mobility.

Developed countries are putting various restrictions on people’s movement from the south to the north. There are politics over the issue of “human trafficking” and “smuggling.” However, I shall not move to that issue today.  

Coming back to the human rights education, there are prospects for the graduates. Even I can say sky is the limit. They can become independent practitioner (alongside legal practice) or researcher; there are jobs in the government, UN agencies, national and international organizations.  However, for that goal, one requires to earn maximum quality.  

I have overhead to discussions at Law Schools in the U.S.A. and even in India- what will one do after graduation. Those students do consider capitals of other continents as a potential hub for their future jobs.

At the same time, there are debates and arguments on needs to study human rights. During my Humphrey Fellowship year, I had a co-Fellow from China who is a Professor of Law. He had repeatedly asked me why I was spending a year studying Human Rights Law. In his context, he might be right. Renowned legal scholar Upendra Baxi even published a book titled Future of Human Rights[7]getting critical of the present notion of and politics over human rights concept.  

However, if someone has a conviction to do something for fellow human beings, then, studying and practicing human rights could be a right one.

But kindly note one thing: only studying and getting a certificate in Human Rights by someone will not bring any change to anyone (it may be a fortune for the individual concerned or his/her  family though), if someone does not believe in the spirit of human rights and does not practice in private and professional spheres.

Even one can start from a very humble and small scale. As Former Indian President Dr. A. P. J Abdul Kalam has rightly said: “It is up to you, how you could be remembered.” He observed that even a small piece of note by someone can contribute to a major change.[8]  

What Law Schools can do?

There are law departments in six public universities and nearly 40 private universities in Bangladesh. They can initiate study and research of human rights education to generate future academics, researchers, practitioners and policy makers.

However, it will not bring any change if the curriculum and teaching of Human Rights Law are also remained in line with the present legal education.

Law Departments/Schools need to appreciate and introduce practical and innovative approaches of teachings, expanding opportunities for enhancing students’ analytical, writing and presentation skills. Clinical approaches should be considered given our own contexts.    

Other faculties and departments should also come forward in offering human rights education, For example, the University of Calcutta runs two programmes on Human Rights- Master of Arts and Master of Science. 

Way Forward:

The Constitution of the country has incorporated and guaranteed for some major human rights. Bangladesh is a party to all major international human rights instruments. It is a member of the UN Human Rights Council.

We have a newly established National Human Rights Commission headed by an academically sound and pro-human rights Chairman.

At the same time we have concerns for growing incidents and reports of human rights violations.

Given this scenario, we have no other option but to promote awareness and education on human rights.

And that can be done both in academic and non-academic lines at the same time.     

However, I would like to humbly propose the followings:

• Adopt a National Policy on Human Rights Education. It will reflect on the objective, purposes and contents of the various levels of human rights education and trainings in line with the spirit and obligation of the Constitution and international treaty obligation. The National Human Rights Commission could lead the process.
• Introduce human rights issues in the curriculum of primary to secondary levels. (I am aware that the NHRC Chairman has taken certain steps in this regard).
• Introduction of Human Rights as an independent subject at graduate levels.
• Introduce new departments of Human Rights under the Faculties of Social Sciences.
• Introduction of Human Rights Law Programme, Clinics etc under the Faculty of Law.

My paper and recommendations necessarily do not come out as an exhausted one in this regard. Rather, it aims to generate discussions and debates on the issues. Thus, we can find a right approach for our case.   

---

* Prepared as the key note paper for the seminar on “Human Rights Education in Bangladesh,” held in Dhaka on 19 May 2012 and organized by the Faculty of Law, Dhaka International University (DIU). It is not a complete paper; however, the author aims to undertake empirical research in this regard and develop the paper into a complete one.

**Uttam Kumar Das, a Human Rights Lawyer and Practitioner, is currently affiliated with the Faculty of Law, Dhaka International University as an Associate Professor and Dean (Acting), and also as the Deputy Director with the South Asian Institute of Advanced Legal and Human Rights Studies. He worked with the United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM) as a Legal Expert for nearly six years. He is a Fulbright- Hubert H. Humphrey Fellow (U.S.A.) and holds a Master of Laws (LL.M.) with concentration in Human Rights Law from the University of Minnesota Law School, U.S.A. and Doctor of Philosophy from the Institute of Bangladesh Studies, University of Rajshahi, Bangladesh. E-mail: ukdas1971@gmail.com

***

References:

[1] Indian Institute of Human Rights Website; link: http://www.rightsedu.net/about_us.htm; last visited on 17 May 2012.

[2] Ibid.

[3] Ibid.

[4] National Human Rights Commission, Perception, Attitudes and Understanding- A Baseline Survey on Human Rights in Bangladesh, December 2011, p. 10.

[5] The author of this paper has been graduated through the same Commencement Ceremony.

[6] For a detailed understanding, kindly read “Legal education must be brought out of the four walls,” Interview of Professor Mizanur Rahman with the author, “Law & Our Rights,” The Daily Star, 16 October 2010. Link: http://www.thedailystar.net/law/2010/10/03/interview.htm; visited on 16 May 2010. 

Law Interview: "Human Rights should be integral part of legal education"- Professor David Weissbrodt (The Daily Star, “Law & Our Rights” Section, 25 September 2010): http://www.thedailystar.net/law/2010/09/03/interview.htm.

Uttam Kumar Das, “Legal Education in Bangladesh,” PROBE News Magazine, Dhaka, link: http://www.probenewsmagazine.com/index.php?index=2&contentId=6407; last visited on 16 May 2012.

Ridwanul Hoque, “Teaching Law for Development? Legal education: Needs major overhaul,” “Law & Our Rights”, The Daily Star, 05 May 2012, link: http://www.thedailystar.net/law/2012/05/01/index.htm; last visited on 16 May 2012.

[7] Upendra Baxi, Future of Human Rights, Oxford University Press, 2008

[8] A. P. J. Abdul Kalam, Swapno Niya, Daily Prothom Alo, Dhaka, 16 May 2012.

Studying Law*

By Dr. Uttam Kumar Das

I use to ask students frequently, while meting them in a class or in other forums, why are they studying law.
I got various answers with justifications. Some common reflections are: don’t know, parents or guardians pushed, persuaded or forced them, did not get chance to other choices- medical or engineering, have motivations to do something for the people and society- protecting human rights, bringing justice etc. Some have honest confession as well- to be influential in the community or locality, earn money, to be engaged in politics etc.
Some students also found to be more pro-active. They are passionate for or towards the cause of the disadvantaged. To quote a Law Student from the Southeast University: “…Success does not come truly only by name and fame if deprived people do not get benefited by me or by my works. So this is the primary concern of mine to be a lawyer….”
Some are very much prone to human rights cause: “…protection of human right in our country, we need to work together and in the same time we need mental change….” That’s why studying law.
All I found as encouraging and motivating ones, which also reflect my cause behind studying law as well.
Now let us look into what is the purpose of Legal Education in a given country.
According to renowned Indian Legal Academic and founder of the National Law School India University in Bangalore, Professor Dr. N. R. Madhava Menon, the objective of a Law School visa a versa Legal Education is to produce: (i) Sufficient competent lawyers, prosecutors, and judges to administer the judiciary; (ii) Well-trained law personnel for providing legal services to the government departments and corporate institutions; (iii) Legal researchers and academics for legal education, legal reform, good governance; and (iv) Disseminate legal knowledge and culture conducive to the Constitution, rule of law, good governance, human rights, and democracy.
However, all the objectives depend on what type of legal education one institute is offering and how the graduates are getting knowledgeable, trained and skilled.
Given the context of Bangladesh, we see the future work or career options for a law graduate are mainly: to join the judiciary through competitive examination conducted by Bangladesh Judicial Service Commission , join legal practice (after getting license from Bangladesh Bar Council), join legal aid or human rights organizations or work for other public, private, national or multinational organizations. The judges from the trial courts, and practicing lawyers with designated experiences could be appointed as judges at the High Court Division as well.
However, where one would be able to join in the career option is influenced or decided by individual quality and skill, family and other demand and support, individual motivations and priorities etc.
Quality of the graduates also determined by the quality of education one is getting out of his her institution, self-motivation, individuals initiatives and networks.
Being a graduate of a Law School in the North America (University of Minnesota), I found how innovative and practical legal education could be. Those are supplemented and complemented by initiatives and devotions of individual course teachers and mentors.
Those institutions focus to enhance the analytical, writing and presentation skills of students given a legal problem and context.
One the contrary, legal academics here in Bangladesh, are forcing students to memorize sections of statutes and reproducing those in the answer scripts during the examinations. That why after graduation with a “good grade/class,” they don’t know how to draft a memo, brief or a research paper.
This is contributed by so many reasons and factors including lack of institutional initiative to provide “quality legal education,” lack of creative ideas and thinking by respective faculty members, absence of effective monitoring role by Bangladesh Bar Council over legal education, politicization of bar associations and legal professions among others.
Here, Bar Associations are busy with party politics rather than to do anything for the improvement of the legal profession and practices.
I do know how helpless, the newly enrolled Advocates are. I do not have any information on initiative by any Bar Association for any professional training for lawyers which could promote professional quality, skills, ethics and motivations for ensuring people’s access to justice.
The Law Schools (here we say Departments) are also not perfect with regard to their due role. I could share on information here: The Ford Foundation had taken initiative to fund three Law Departments at public universities in mid-1990s for introducing Clinical Legal Education (CLE). Those projects had to be discontinued allegedly for misappropriation of the allotted fund.
However, I have an opportunity to observe an opposite scenario as well. At the same time, The Ford Foundation had funded the University of Minnesota Law School in Minneapolis, U.S.A. to establish a Human Rights Center and Library. I was hosted by the Center for a year as a Hubert H. Humphrey Fellow and saw how they are working for human rights education, training and research globally. The Library (both archival and online) provides bunches of materials and resources in eight languages (link: http://www1.umn.edu/humanrts/center/hronline.html).
So, who is to blame for that?
Also, we have a notion that only Moot Court could meet the need of the CLE. That is not at all true. Moot Court is one of so many practices; others are incorporation of practical aspects in the curriculum (case law-based readings), law clinics, seminars and writing courses etc.
Therefore, we have lot to do to bring a change in our legal study. Both public and private sectors need to come forward.
It is evident that the fresh graduates find it difficult to join legal profession initially for reasons which included lack of support (I mean monetary support from the seniors/employee who claim that the apprentice has no required legal knowledge and skills), economic hardship, immediate demand to support from the family and other concerns.
Here is a role to play by the government which could support paid-Internship for law graduates varied from six months to one year. They would be posted at courts, attorney general office, and other government offices to support legal works. The Bar Council also explores ideas in this regard.
In the U.S. Judicial system, there is a system of paid-Judicial Clerkship for fresh law graduates (under which graduates work with judges in the county, state or federal level courts). They have to assist in research and drafting and take part in other activities as demanded).

The writer is the Deputy Director at the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS). He formerly worked with UNHCR and IOM. However, opinions expressed are author’s own. E-mail: uttam@sails-law.org

*A slightly edited version of this article has been published in The Daily Star, Dhaka, “Law & Our Rights” Section, 12 November 2011; link: http://www.thedailystar.net/law/ 2011/ 11/02/ human.htm.
The ‘Pyramid of Learning’ used with the article had been photographed by me at the Human Rights Summer School organized by ELCOP (in December 2010). This has not been mentioned accordingly in the printed version. The author sincerely apologizes for that.

When Law Minister and Chief Justice debate*

by Dr. Uttam Kumar Das

The recent public debates between the Minster for Law, Justice and Parliamentary Affairs Barrister Shafique Ahmed and outgoing Chief Justice Mr. ABM Khairul Haque on the sincerity of judges and the government’s seriousness with regard to dispense of justice to the litigants have drawn public attention. It has further significance as it had happened in the very presence of the Prime Minister Sheikh Hasina.
Apparently, both the Minister and the Chief Justice are not happy with each other’s actions, as the heads of their respective organs keeping a huge backlog of cases pending both at trial courts and the Supreme Court of Bangladesh.
However, I could not find a consensus with regard to the number of back-logged cases. According to the Prime Minister, the number of pending cases in lower courts and the Supreme Court is about two million (Prothom Alo, 15 May 2011). However, according to the outgoing Chief Justice, the number is 1.6 million (Prothom Alo, 16 May 2011).
Whatever the exact number of cases might be, the reality remains that people have to suffer due to cases lingering on for years, sometimes for decades,. The investigators, prosecutors, defenders, court officials and judges are all involved in the process. Thus, it is understandable why the two got frustrated and broke out in annoyance publicly.
There are more than one version of the arguments.
The Minister for Law blasted the judiciary saying that judges are not serious about dispensing of justice. In support of the Minister, The Daily Star published an editorial on 16 May 2011: It reads, “The tendency to give dates without detail hearing, and to dispose of only few out of listed ones, is the norm rather than exception.” The Minister also further blasted judges for not following court hours strictly.
Now let us move to the position of judges. As the outgoing Chief Justice reported, the whole judiciary, especially the trial courts, have been suffering from manpower shortage, infrastructure and logistics among other limitations. He summarized the situation rightly: “the judiciary’s independence is like one asked to swim while hands and legs are tied” (Prothom Alo, 15 May).
To get an insider’s impression, I was talking to a young member of the judiciary (we were colleagues before at a Law School). What I derived from our discussions was very gloomy.
As he sees it, the number of the pending cases is totally unmanageable, given the total number of judges in the trial courts and court facilities.
There are a total of 1,200 judges in the lower judiciary staring from Assistant Judges up to District Judges. However, at least half of them are posted in administrative posts, i.e., Law Ministry and other Ministries, Supreme Court, Law Commission, National Human Rights Commission, and other public offices alongside on leave or deputation etc.
Given the population of the country at 160 million, there are one judge per 0.13 million populations. To no where is this figure comparable.
There are now around 400 vacant posts of judges in the trial courts. That is why the recommendations of the outgoing Chief Justice to double the number of judges deserve consideration.
At the same time, there is lack of infrastructural facilities. Reportedly, four to five judges at a duty station have to use one court or chamber room now on rotation basis. That is also a constraint since they could not utilize all of their court and working hours.
Since the job and responsibilities of judges are different compared to other professions, their salary structure should also be restructured taking into consideration ground reality. In this regard, the examples of India and Pakistan could be consulted.
With an aim to reduce the number of pending cases, the government has introduced Alternative Dispute Resolution (ADR) through enacting a law a couple of years back. However, that proved to be ineffective and fruitless. For this, again, judges and lawyers are blaming each other.
However, there are reasons for that failure. What we have done so far here is actually not ADR, rather a new form of trial (as I see it). It needs judges, lawyers, evidence, witnesses, etc. Also, there is no institutional mechanism and training components to implement ADR. So, it is like doing surgery without a proper training and degree.
Given my recent experience as a Graduate of a Summer Programme on Mediation at the Dispute Resolution Institute at Hamline University School of Law in Saint Paul, Minnesota, USA, I found that the United States has developed and gradually implemented a parallel system of mediation alongside the court-based trail system. In the USA, mediation is totally out-of-the-court system (though there is court-based mediation as well).
In the country like the USA, mediation has developed as a parallel subsystem of court trail. The relevant academics and practitioners had had huge contributions.
Given the cost involved and other complexities, an individual prefers to go to private mediators (who are licensed and monitored by respective regulatory bodies) in the USA.
However, I am not sure what policy makers in Bangladesh really wanted out of the ADR system. We also need to change the perception that only judges and lawyers would be “experts” on ADR or mediation. It is also a separate vocation like lawyering; and needs specials training and practices at institutional and individual levels.
It is a good thing to note that lately the Law Commission (LC) of Bangladesh has reviewed laws related to ADR in Bangladesh (with financial support from South Asian Institute of Advanced Legal and Human Rights Studies-SAILS).
The LC has come up with a set of appropriate recommendations which included- establish a separate authority for ADR and allocation of required budget, systematic training facilities for ADR, introduction of ADR related courses at law schools and practical learning facilities etc.
I would like to conclude reflecting on another issue. The way so-called development partners are pushing the government, that might not work here. We need to take into consideration our local contexts and realities on the ground.
Digitalization is important, however, before that we need to look into full-time electricity supply and other practical necessities at trial courts.
As reported in media, UNDP is supporting digitalization of court systems. To me digitalization does not merely mean installation of some computers, internet services or ceremonial introduction of websites. It means more than that - appropriate training and orientation for the people working there (here, I mean judges and lawyers) and progressive practices and utilization of those facilities. And definitely this is not to show others but to bring real benefit for the people - the poor justice seekers.
Development of skills should not be one sided and aimed at institutional initiatives only; It is also needed to be individually-driven and the aims should be pro-people.
[Th]ere is a great relevancy of academic institutions. A quality legal education could work miracles. It would facilitate individuals to learn the required skills of the trade to turn in to a quality lawyer and judge in future.

Uttam Kumar Das, Ph.D., is a Human Rights Lawyer; he earned his LL.M. with Major in International Human Rights Law from the University of Minnesota Law School, U.S.A. E-mail: udas1971@gmail.com

*Originally appeared in the PROBE News Magazine, Dhaka, 20-26 May 2011; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=7124

Skills of Judges*

Chief Justice of Bangladesh ABM Khairul Haque publicly expressed his dissatisfaction with the quality of judges at a recent function of Bangladesh Women Judges’ Association in Dhaka. He finds a lack of “standard” in verdicts. He categorically mentioned the lack of “sufficient legal information and data.” “The judges have to be studious to learn how to use the law points and legal grounds in their judgments to make those correct and credible,” he said. I appreciate the Honourable Chief Justice for kindly taking note on the seriousness of the issue.

Lack of quality legal education in the country has contributed to this unfortunate condition of the legal and judicial system. However, no action has been taken so far to remedy the situation.

Being a recent Hubert H Humphrey Fellow (and later on as a graduate student) at the University of Minnesota Law School in the United States, I have realized how Law Schools (here Departments or Colleges in Bangladesh) are the right places to teach students understanding and interpretation of laws rightly, legal research and writing- preparing briefs, memos, and even judgments on a given issue.

If a law graduate is knowledgeable in terms of legal issues and efficient in professional skills, then we can expect skilled lawyers and judges in future. Otherwise, the opposite will prevail. That is why we should look into how we can make our legal education more practical, human rights centric and pro-people. Both public and private institutions should come forward in this regard.

Dr. Uttam Kumar Das

Dhanmondi, Dhaka

*Originally appeared in the PROBE News Magazine, Dhaka, 1-7 April 2011; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=6967

Academic as the Chief Law Officer: Prof. Sangroula appointed Attorney General of Nepal

It is not a surprise; rather the Republic of Nepal gets a right person in a right position.

Professor Dr. Yubaraj Sangroula, the Founder-Executive Director of Kathmandu School of Law (KSL) has been appointed as the Attorney General of Nepal.

President of Nepal, Dr. Ram Baran Yadav, has approved this appointment on 13 February. He took oath on the 14th.

Dr. Sangroula is on the Academic Committee of Dhaka-based South Asian Institute of Advanced Legal and Human Rights Studies (SAILS). He is also a licensed Advocate (Attorney) in Nepal having practiced in the Supreme Court.

Dr. Sangroula is now more than a name; has been a known personality and role model for a bunch of law students and young legal academics and practitioners in Bangladesh. It happens through the initiatives of the organizations like SAILS or Empowerment through Law of the Common People (ELCOP).

Dr. Sangroula is a renowned legal academic with specialization in criminal justice system and human rights; more than that he has pioneered in setting up a standard for legal and human rights education through establishing Kathmandu School of Law (KSL).

He has pioneered in organizing an annual (month-long) International Residential Course on Economic, Social and Development Rights, and Good Governance for last six years in Nepal.
A seasoned legal researcher, Dr. Sangroula has been a promoter for a pro-people legal education and justice system. He dreams of a South Asian Jurisprudence to be developed by new generation jurists, lawyers and legal academics.

His scholarship reflected in the recent publication, a thought-provoking book entitled, Jurisprudence: the Philosophy of Law- Oriental Perspective with Special Reference to Nepal (published by KSL in 2010).

Being sworn in as the Attorney General, Dr. Sangroula vows to bring reform in the Criminal Justice System in Nepal; along with enhancing capacity and skills of the public lawyers and establishing effective relations between the Office of the Attorney General and police. He wants to do this to ensure justice for the people.

Dr. Sangroula underscores need for “empowering government attorneys to make them as competent...”

Born on 11 January 1959 at Subang, Panchthar in Nepal, Dr. Sangroula has taken up teaching as his life-long mission in 1987. He has been a legal practitioner and devoted to the cause of the marginalized and disadvantaged group of people.

He earned his Doctor of Philosophy from Delhi University in 2007 for his dissertation entitled, “Criminal Justice System of Nepal with Special Reference to Legal Framework and Practices of Interrogation, Extrajudicial Confession and State of Fair Trial.”

Country like Nepal shows us the way to taking up a legal academic as the Chief Law Officer of the State. This would be instrumental in shaping up the legal profession hopefully.

Developed countries like United States, legal academics and scholars are picked up as Judges and Attorneys (i.e., Advocate) and vice vie; thus academia and legal practices are mutually benefited.

Unfortunately, we, in Bangladesh, are lagging behind in this regard (even from what Nepal has done).

Nonetheless, we, in recent times, got two prominent legal academics as the Chairpersons of our Law Commission and Human Rights Commission. However, we need more blending of legal academics and practitioners for the benefit of both legal education and legal and judicial systems.

As one of my senior colleague and mentor, I know Dr. Sangroula as a Man of activism; he has vision and mission and corresponding courage and dynamism to act upon. He believes in action.
Let’s wish him all success in his new professional endeavours.

Dr. Uttam Kumar Das
LL.M. (Minn., U.S.A.), Ph.D. (Raj)
Advocate, Supreme Court of Bangladesh
E-mail: udas1971@gmail.com

Dr. Uttam Das working for reform of legal education

Dr. Uttam Kumar Das, a Human Rights Lawyer in Bangladesh has been working for reform of legal education.

He was a Hubert H. Humphrey Fellow in the year 2009-2010 and was affiliated with the University of Minnesota Law School and Human Rights Center in Minneapolis, U.S.A.

His focus was on "Laws and Policies Related to Labor Trafficking in the United States of America." As part of the Fellowship, Dr. Das volunteered for the Refugee and Immigrant Program at the Advocates for Human Rights, an international human rights organization in Minneapolis.

Dr. Das is admitted as an Advocate (Attorney) in the Supreme Court of Bangladesh and is providing pro bono legal advice to promote rights of migrants, refugees and victims of human trafficking. He also lectures regularly on human rights issues at law schools in Dhaka.

He has organized two regional seminars in Dhaka on “Ethics in Legal Profession" and "Legal Education in South Asia," respectively on January 15 and January 16, 2011 under the banner of the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS). Dr. Das is now working as the Deputy Director at SAILS.

The seminars brought together the Law Minister, Chairpersons of National Human Rights Commission and Law Commission of Bangladesh, policy makers from Bar Council and renowned jurists and legal academics among others from Bangladesh, India, Nepal and Sri Lanka.

Major newspapers in Bangladesh gave significant coverage of the programs; link of a relevant report: http://www.thedailystar.net/law/2011/01/04/event.htm

"The aged-old legal education in Bangladesh needs drastic reform and standardization to meet the need of the time," says Dr. Das.

According to him, "legal education should be human-centric and practical which could be able to contribute to pro-people justice system." He is also advocating for incorporating human rights issues in legal curriculum, and contributing to national newspapers on the issue.

He has been liaising with the legal academics, law schools, Bar Council, Law Commission and National Human Rights Commission for the reform.

Dr. Das is a visiting faculty to the Kathmandu School of Law in Nepal. He runs a blog as well; link: http://udas1971.blogspot.com.

He has been invited to present key note papers at symposiums in the capital recently organized by the largest NGO, BRAC and migrant rights organization, WARBE Development Foundation.

Dr. Das was part of a three-member technical team commissioned by the International Organization for Migration (IOM) in 2010 to draft a comprehensive law on human trafficking. The draft law is now under the review of the relevant ministries. The Government of Bangladesh is likely to adopt the law soon as an Act endorsed by the National Parliament.

He formally worked with the United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM).

Dr. Das got his Doctor of Philosophy from the Institute of Bangladesh Studies (IBS) at the University of Rajshahi in Bangladesh. He is now scheduled to get his second LL.M. (Master of Law) with concentration in International Human Rights Law from the University of Minnesota Law School.

Law Event: Introduce ethics in legal curriculum*

Dr. Uttam Kumar Das

Presenters, discussants, designated guests and participants at two seminars recommended to introduce ethical issues in the curriculum of law schools and bar examinations. They also recommended an immediate reform of legal education in Bangladesh and urged for a Legal Education Council to monitor and streamline standard of legal and justice education. The seminars also urged for introducing courses on comparative study of South Asian Laws and Constitutions to promote regional cooperation and unity.

It also recommended expanding opportunity to study law and human rights in the country. Dhaka-based organization, South Asian Institute of Advanced Legal and Human Rights Studies (SAILS) organized two seminars on “Ethics in Legal Profession” and “Legal Education in South Asia,” respectively on 15 and 16 January 2011 at city's BRAC Center Inn. Barrister Shafique Ahmed, Minister for Law, Justice and Parliamentary Affairs was the Chief Guest at the closing session of the seminar on 15 January. Advocate Abdul Baset Majumder, Vice-Chairman of Bangladesh Bar Council was the Guest of Honour. Eminent Jurist and Chairperson of SAILS, Dr. Kamal Hossain presided over the session.

Professor Dr. M. Shah Alam, Chairman of Law Commission was the Chief Guest at the opening session on 15 January while presided over by Professor Dr. Yubaraj Sangroula, Executive Director of Kathmandu School of Law (KSL) in Nepal. Professor Dr. Mizanur Rahman, Chairman of the National Human Rights Commission of Bangladesh was the Chief Guest at the closing session of the seminar on “Legal Education in South Asia” on 16 January while Professor Dr. Ainun Nishat, Vice-Chancellor of BRAC University was the Special Guest. Dr. Kamal Hossain presided over the session as well. Country papers on legal education were presented by Professor Dr. M. Shah Alam, Chairman of Law Commission of Bangladesh and Professor M. Zakir Hossain, Dean of the Faculty of Law, University of Chittagong covering Bangladesh; Professor Dr. Deepika Udagama, University of Peradeniya on Sri Lanka; Professor Dr. Yubaraj Sangroula, Executive Director of KSL on Nepal and Dr. Clearance J. Dias, President of the New York-based International Center for Law in Development on Indian legal education.

Dr. Abdullah Al Faruque, Associate Professor and former Chairman of the Department of Law, University of Chittagong; Dr. Faustina Pereira, Director of Human Rights and Legal Service (HRLS) Programme of BRAC and Dr. Naim Ahmed, Advocate of the Supreme Court of Bangladesh were panel discussants.

Barrister Shafique Ahmed said that for an effective justice system there is a dire need for competent, skilled, honest and sincere lawyers and judges. For this legal education and professional trainings could play a pivotal role. He emphasized on the professional integrity and sincerity of lawyers and judges to ensure justice for poor people. Rejecting the criticism on having over increasing number of lawyers, the Law Minister said that for a country with 160 million people 40,000 or so number of lawyers is not excessive. Rather we need more of them. However, at the same time we have to look into the standard of law graduates who are joining bars and benches; and how sensitive they are to work for the cause of human rights and justice, he opined.

Professor Mizanur Rahman recommended for a model law university in Bangladesh which would go beyond traditional approach and would teach law covering its broader meaning and concepts which would include people's culture, diversity, rights, aspiration, and hope among others. He also emphasized on the practical teaching of law.

Law Commission Chairman, Professor Dr. Shah Alam urged for more active role of Bangladesh Bar Council in standardizing legal education and promoting ethics in the profession. He also recommended for creating separate cadres for judicial and legal services. Dr. Alam said that if we failed to standardize our legal education immediately incorporating high ethical values and moral standards among others, as a nation we would suffer in future. He urged the government to establish a model law university on the basis of best practices already there in countries like India and Nepal. Referring to aged-old curriculum, Professor Yubaraj Sangroula of KSL said that legal education should not be confined to studying of legal rules and law books only; rather it should be inter-disciplinary and have links to various issues of the society and people. Professor Zakir Hossain of the University of Chittagong urged to set up a national vision for legal education in the country. He also recommended for special training programmes for lawyers and legal professionals and initiate collaboration among law schools, National Human Rights Commission, Law Commission and Judicial Administration Training Institute (JATI). Dr. Kamal Hossain, Chairperson of SAILS, urged for streamlining and standardizing legal education in Bangladesh. He emphasized on the need of consensus, strategy and initiatives immediately in this regard. “We all have to stand up against bad practices in the legal and judicial system,” he said. He also emphasized for establishing a South Asian Law University in Bangladesh. SAILS also felicitated Professor Dr. Mizanur Rahman for being honored with “Professor N. R. Madhava Menon Best Law Teacher Award 2010.” SAILS Chairperson Dr. Kamal Hossain handed over a crest to Professor Rahman at the closing session of the seminar on legal education.

The writer is Deputy Director, South Asian Institute of Advanced Legal and Human Rights Studies (SAILS).

*Originally appeared in The Daily Star (Law & Our Rights Section), January 22, 2011; link: http://www.thedailystar.net/law/2011/01/04/event.htm