Columns
The seamy underbelly of migration*
More opportunities for legal immigration reduce dangerous alternatives.
Published: 02/09/2010
Uttam Das
udas@mndaily.com
Mr. X, whose name is withheld for confidentiality, is an immigrant from Burma who now holds a green card and permanently resides in California. He has a wife and three children between 2 and 10 years old. Mr. X had become interested, over the years, in bringing his only sister to America to facilitate her higher studies. Unfortunately, Mr. X found he could not sponsor his sister’s immigration to the United States until he became naturalized, which could take three or four years. Motivated by risky success stories, Mr. X arranged for his sister to “marry” a Burmese immigrant in America to facilitate her journey. The so-called bridegroom received $20,000 for the service.
While the two traveled through Bangkok on their way home, immigration authorities smelled something wrong and eventually unearthed the arrangement. The “couple” had to serve detention there for traveling with forged documents. Mr. X’s sister never made it to the U.S.
Mr. Y of Bangladesh is in his mid-20s. He has attempted six times to go to Italy, paying human smugglers almost $15,000. He is still waiting. Stories like these are all true realities in developing and underdeveloped countries — countries that have yet to recognize the economic benefits of globalization.
I attended a two-day conference on migration issues in New York last month. It was jointly organized by the International Organization for
Migration and the Center for Migration Studies. It was aimed to “examine legal and policy perspectives on irregular migration.” A lot of the discussion between attending senior diplomats, U.N. officials, academic experts and advocates centered on U.S. immigration.
When talking about immigration, we need to remember this country needs migrant workers for its own economy. According to IOM, human mobility that takes place outside the procedures established by a state is irregular, or undocumented, migration. However, immigration restrictions and backlogs force individuals to risk their own lives or pay significant amounts of money to enter the U.S., causing some to fall into an exploitative situation.
According to press reports, desperate youth from impoverished Chinese territories pay $40,000 to human smugglers just to facilitate entry into the mainland U.S. This is also true for migrants from other Asian, Eastern European, African, Central and Latin American countries.
As a destination country, the U.S. holds all rights to manage its own borders, immigration and naturalization systems. Surely, the economy and national security dictate parts of immigration policy.
Gabriela Villareal, Immigration Advocacy Policy Coordinator of the New York Immigration Coalition, could not control her emotions when she explained that as a U.S. citizen, if she applies today to sponsor her siblings’ emigration from the Philippines, it would take 20 to 22 years, despite the fact that our country has immediate need for migrant workers. There was no one to give a logical answer to Villareal, but all underscored the need for an immigration overhaul.
The New York conference recommended the formulation and implementation of comprehensive policies, laws and administrative arrangements to address immigration issues progressively given national, regional and international priorities. Consistency with international legal and human rights norms and practices is needed.
A 2009 study of the Humphrey Institute of Public Affairs showed that increased opportunities for legal migration could curb riskier migration. At the conference, United Nations Development Programme Administrator and former Prime Minister of New Zealand Helen Clark commented, “If there are legal options for migration, that makes a choice. If not, that drives one to migrate in an illegal way.”
Uttam Das welcomes comments at udas@mndaily.com.
All content © 1900 - 2010
The Minnesota Daily
ARTICLE URL: http://www.mndaily.com/2010/02/09/seamy-underbelly-migration
Retrieved at 14:58 CST on Wednesday Feb 10, 2010
*Originally appeared in The Minnesota Daily (Feb 09, 2010).
Wednesday, February 10, 2010
Tuesday, February 9, 2010
American Diary: Debate on healthcare reform
Debate on healthcare reform*
by Dr. Uttam Kumar Das writes from New York
“Pace of health care reform bogs down under weight of questions and costs” -- the front-page headline of The Buffalo News on July 26, 2009 portrays the present scenario of President Barrack Obama’s proposed healthcare reform initiative. It has generated a great debate throughout the country.
The draft legislation has been under review by a six-member Senate Committee in the office of the Senate Finance Committee chairman since June 17.
It is very unlikely that the US$ 1 trillion overhauling-plan will get an approval before the August recess of the Congress, a dateline set by the President earlier.
It is likely that the President has placed the healthcare reform at the top of his legislative priority. He is pushing for a measure that aims to rein in healthcare costs, improve care and expand coverage to most of the 46 million uninsured Americans.
As the Buffalo News reports, some 14,000 Americans are reportedly losing their health care every day. The majority of them are bankruptcies—62 percent— result from health care costs, along with 50 percent of mortgage foreclosures.
Some observer opines that the present healthcare system has become a “cancer” on US economy.
In 1970, the healthcare costs took up 7.2 percent of the economy, which is now 16 percent.
Americans spent an average of about US$ 6,500 per person on health care in 2006. It is by far the most in the world, and more than twice what Japanese and Germans spent.
However, as of July 28, the reform-agenda has been stalled in the Senate and House of Representatives. Both the houses are controlled by President’s fellow Democrats.
It has been hit by a deluge of criticism over the cost, scope and funding of the measure proposed.
The opposition Republicans are critical of the proposed plan, terming it as an expensive first step toward a government takeover of healthcare.
Some commentators see the struggle in the U.S. Congress over the healthcare reform as Democrats' "honeymoon" with Democratic President Obama coming to an end. Mr. Obama took the office of the President only six months back.
It is also commentated that if the Democratic-controlled Congress and the President could manage to iron out differences and enact healthcare reform by this year, Obama will be able to have fulfilled the most important promises of his 2008 election campaigns.
The proposed healthcare reform is termed as an essential to long-term viability for the US economy.
It is expected to reduce regional disparities in Medicare payments. Now, the Federal Medical Program insures around 44 million elderly and disabled Americans at an annual cost of US$ 450 billion. This is the one-fifth of the US healthcare spending.
As proposed in the reform legislation, the Institute of Medicine will have a year to complete a study on the regional variegations in costs and quality of care and make recommendations to the health and human services Secretary.
The Secretary will then implement new payment rates taking into account the study’s recommendations. Some US$ 8 billion will be set aside by the legislation to implement those payment adjustments.
Some legislators observe that the proposal could help to reduce costs throughout the healthcare system because Medicare is such a huge part of medical coverage in the US. They also observe that private insurance will also be influenced by this overhauling if implemented.
The proposal also calls for a second study by the Institute of Medicine to address ways to reward value and quality care over quantity. Medicare now bases payments on the number of medical procedures. The second report is due by September 2011.
The proposed law also proposes way for “high quality, evidence-based, and patient centered care.” The health and human services Secretary has to report the recommendations of the studies to the Congress, which then will have to act by the end of 2010 to stop them from automatically going into effect.
However, there are other concerns on the proposed healthcare-overhauling.
Some observers see that there will be strong lobby against certain provisions of the reform bill. For example, the proposed reform is to hit the profits by big pharmaceutical companies what they get from the so called patented drugs. They do monopoly business which increase the price of a given ‘patented drug.” The reform aims to limit the protection for the patented drugs.
Also the reform may affect people’s right to privacy as it proposes maintaining of ‘electronic medical records’ of the people undergoing medical care.
How those records will be processed and maintained and who are to have access to those records that is a concern, as Dr. Lynn M. Mather, a Professor of Law and Political Science at the State University of New York at Buffalo observes while responding to a query from this writer. However, she is hopeful about the reform and supports it.
Another concern is that the development concerning the reform may impact on the upcoming mid-term Congressional election-just 15 months ahead.
However, President Obama seems to be optimistic with the reform, and now urges the lawmakers to finalize the healthcare by the end of this year.
The writer, a Dhaka-based human rights lawyer and researcher, is currently in the USA as a Humphrey Fellow. E-mail contact: udas1971@yahoo.com
*Published in the PROBE News Magazine (Dhaka, Bangladesh), July 31-August 06, 2009; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=5403.
by Dr. Uttam Kumar Das writes from New York
“Pace of health care reform bogs down under weight of questions and costs” -- the front-page headline of The Buffalo News on July 26, 2009 portrays the present scenario of President Barrack Obama’s proposed healthcare reform initiative. It has generated a great debate throughout the country.
The draft legislation has been under review by a six-member Senate Committee in the office of the Senate Finance Committee chairman since June 17.
It is very unlikely that the US$ 1 trillion overhauling-plan will get an approval before the August recess of the Congress, a dateline set by the President earlier.
It is likely that the President has placed the healthcare reform at the top of his legislative priority. He is pushing for a measure that aims to rein in healthcare costs, improve care and expand coverage to most of the 46 million uninsured Americans.
As the Buffalo News reports, some 14,000 Americans are reportedly losing their health care every day. The majority of them are bankruptcies—62 percent— result from health care costs, along with 50 percent of mortgage foreclosures.
Some observer opines that the present healthcare system has become a “cancer” on US economy.
In 1970, the healthcare costs took up 7.2 percent of the economy, which is now 16 percent.
Americans spent an average of about US$ 6,500 per person on health care in 2006. It is by far the most in the world, and more than twice what Japanese and Germans spent.
However, as of July 28, the reform-agenda has been stalled in the Senate and House of Representatives. Both the houses are controlled by President’s fellow Democrats.
It has been hit by a deluge of criticism over the cost, scope and funding of the measure proposed.
The opposition Republicans are critical of the proposed plan, terming it as an expensive first step toward a government takeover of healthcare.
Some commentators see the struggle in the U.S. Congress over the healthcare reform as Democrats' "honeymoon" with Democratic President Obama coming to an end. Mr. Obama took the office of the President only six months back.
It is also commentated that if the Democratic-controlled Congress and the President could manage to iron out differences and enact healthcare reform by this year, Obama will be able to have fulfilled the most important promises of his 2008 election campaigns.
The proposed healthcare reform is termed as an essential to long-term viability for the US economy.
It is expected to reduce regional disparities in Medicare payments. Now, the Federal Medical Program insures around 44 million elderly and disabled Americans at an annual cost of US$ 450 billion. This is the one-fifth of the US healthcare spending.
As proposed in the reform legislation, the Institute of Medicine will have a year to complete a study on the regional variegations in costs and quality of care and make recommendations to the health and human services Secretary.
The Secretary will then implement new payment rates taking into account the study’s recommendations. Some US$ 8 billion will be set aside by the legislation to implement those payment adjustments.
Some legislators observe that the proposal could help to reduce costs throughout the healthcare system because Medicare is such a huge part of medical coverage in the US. They also observe that private insurance will also be influenced by this overhauling if implemented.
The proposal also calls for a second study by the Institute of Medicine to address ways to reward value and quality care over quantity. Medicare now bases payments on the number of medical procedures. The second report is due by September 2011.
The proposed law also proposes way for “high quality, evidence-based, and patient centered care.” The health and human services Secretary has to report the recommendations of the studies to the Congress, which then will have to act by the end of 2010 to stop them from automatically going into effect.
However, there are other concerns on the proposed healthcare-overhauling.
Some observers see that there will be strong lobby against certain provisions of the reform bill. For example, the proposed reform is to hit the profits by big pharmaceutical companies what they get from the so called patented drugs. They do monopoly business which increase the price of a given ‘patented drug.” The reform aims to limit the protection for the patented drugs.
Also the reform may affect people’s right to privacy as it proposes maintaining of ‘electronic medical records’ of the people undergoing medical care.
How those records will be processed and maintained and who are to have access to those records that is a concern, as Dr. Lynn M. Mather, a Professor of Law and Political Science at the State University of New York at Buffalo observes while responding to a query from this writer. However, she is hopeful about the reform and supports it.
Another concern is that the development concerning the reform may impact on the upcoming mid-term Congressional election-just 15 months ahead.
However, President Obama seems to be optimistic with the reform, and now urges the lawmakers to finalize the healthcare by the end of this year.
The writer, a Dhaka-based human rights lawyer and researcher, is currently in the USA as a Humphrey Fellow. E-mail contact: udas1971@yahoo.com
*Published in the PROBE News Magazine (Dhaka, Bangladesh), July 31-August 06, 2009; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=5403.
American Diary: In the Land of Fortune*
Arriving in the United States, one is met with confusion and queues at the airport and then things smoothen out...
Dr. Uttam Kumar Das writes from New York
I never thought of to coming to the United States of America, at least at this stage of my life and career. However, I have landed here, in the “Land of Fortune.” The Hubert H. Humphrey Fellowship Award brought me this opportunity. I am scheduled to attend a 10-month academic program and related professional experiences in the USA.
Humphrey Fellows are selected based on the potential for leadership and commitment to public service in either the public or the private sector. The Fellowship is named after the former (late) Senator and Vice-President who had been promoter of civil rights and international cooperation.
I believe that my fortune has brought me here. I never believed in fortune when I was younger, especially as a young student.
Since I had been a student of law, a job in the judiciary was my dream. However, I did not get that job and did not try for any other government job. I had been in the final stages (i.e. appearing in the viva voce) twice in 1997 and 2003 having passed the preliminaries, written examinations, psychological tests etc) of BCS exams, but for unknown reasons, somehow success eluded me. Perhaps the controversial Dr. Ershadul Bari, then Professor of Law, University of Dhaka, had been on viva boards both the occasions.
The ‘failure’ made me frustrated (especially in 1997 while I just got married). I owe much to Professor M. Badaruddin, my teacher, guide and philosopher for his guidance and care during those days. I got new motivation and commitment.
I got serious on my ongoing research work at the Institute of Bangladesh Studies (IBS), University of Rajshahi. Subsequently, I earned a Ph.D. degree in Law and Human Rights in 2002.
This pushed me further: I got a further motivation to prove myself. The outcome: I got place in International Civil Service in late 2003 through joining as a National Professional Official with the United Nations High Commissioner for Refugees (UNHCR). I had been in that job until 2007. Though I switched over to another job at the International Organization for Migration (IOM) in 2008, I remained in the same (UN) service system.
Having being selected for the Humphrey Fellowship program, I finally decided to leave that job with effect from July 1, 2009.
My flight to the USA was via Hong Kong. I boarded on the Dragon Air-Cathy Pacific joint flight in Dhaka on the early hours of July10, then boarded the 15-hour Chicago-bound flight of the United Airlines. Our flight landed at O’Hare International Airport in Chicago at around 2:00 PM local time same day.
As we were about to alight from the aircraft, we were barred to get down. A disappointing announcement come through: the server system of the “Immigration Department” was down, therefore the passengers had to wait in the aircraft until further announcement. I was totally exhausted after a journey of more than 24 hours. However, there was nothing to do; just wait.
After around half an hour or so, we had good news. We could off-board. Immediately, we rushed to the arrival hall to proceed for the immigration formalities. I had a fear with the reported complexities as immigration process in concerned, as heard from previous travelers. That presumption proved wrong. However, hundreds of travelers stood in the queues for how long, none could say. Like others, I was confused about where to queue. Feeling foolish, I thought, "Did I make a mistake coming here?"
An attending officer was mechanically and loudly announcing: “Those who have American Passports or Residence Card proceed to the bureau; others join the queues.” There was no special arrangement for the elderly people or mother with babies.
I just stood in one line - hundreds of male and females mostly from Southeast Asia stood in front of me. I found that there are 68 desks/booths. Though four of the booths were reserved for the crews, however, more than 200 of them were also queuing in lines. Some were apparently very angry, speaking in languages other than English.
I had nothing to do but, like others, gradually move up with the queue. After around three hours of waiting I reached an officer at a desk. The smart officer was kind enough and did not take much time. He roughly spent 10 minutes to review my J1 visa and related documents and take my photo and thumbprints. I got my passport back with the American stamp of arrival.
I came out of the area, but one of my two checked-in suitcases had not arrived. I was scheduled to complete the immigration formalities and customs clearances in Chicago. The attending person from the airline was not approachable; so busy that I could not even report my point. Then, I reported the issue at my final destination at Buffalo International Airport. The luggage reached me four days later. Anyway, it was in order, thanks to United Airlines.
I have passed just one week at the State University of New York at Buffalo, a city close to the Niagara Falls. I will be here for three weeks, and then move to the University of Minnesota.
I am yet to venture out in the USA. Some people have already made me cautious. The Americans themselves are passing hard times due to the ongoing economic recession. They are angry and frustrated. The younger generation is concerned with employment and the future. I will write separate piece on the issue.
If there is no change in the situation, this may bring misfortune to President Barack Obama for his next election, pro-Democrat academic Dr. Stephen C Dunnett, Professor of Foreign Language Institute and Vice Provost for International Education at the University at Buffalo told a group of 16 Humphrey Fellows gathered here in New York on July 20.
The writer is a Bangladeshi human rights lawyer and researcher; however, presently, in the USA as a Humphrey Fellow. E-mail: udas1971@yahoo.com
*Published in the PROBE News Magazine (Dhaka, Bangladesh), July 24-30, 2009; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=5394.
Dr. Uttam Kumar Das writes from New York
I never thought of to coming to the United States of America, at least at this stage of my life and career. However, I have landed here, in the “Land of Fortune.” The Hubert H. Humphrey Fellowship Award brought me this opportunity. I am scheduled to attend a 10-month academic program and related professional experiences in the USA.
Humphrey Fellows are selected based on the potential for leadership and commitment to public service in either the public or the private sector. The Fellowship is named after the former (late) Senator and Vice-President who had been promoter of civil rights and international cooperation.
I believe that my fortune has brought me here. I never believed in fortune when I was younger, especially as a young student.
Since I had been a student of law, a job in the judiciary was my dream. However, I did not get that job and did not try for any other government job. I had been in the final stages (i.e. appearing in the viva voce) twice in 1997 and 2003 having passed the preliminaries, written examinations, psychological tests etc) of BCS exams, but for unknown reasons, somehow success eluded me. Perhaps the controversial Dr. Ershadul Bari, then Professor of Law, University of Dhaka, had been on viva boards both the occasions.
The ‘failure’ made me frustrated (especially in 1997 while I just got married). I owe much to Professor M. Badaruddin, my teacher, guide and philosopher for his guidance and care during those days. I got new motivation and commitment.
I got serious on my ongoing research work at the Institute of Bangladesh Studies (IBS), University of Rajshahi. Subsequently, I earned a Ph.D. degree in Law and Human Rights in 2002.
This pushed me further: I got a further motivation to prove myself. The outcome: I got place in International Civil Service in late 2003 through joining as a National Professional Official with the United Nations High Commissioner for Refugees (UNHCR). I had been in that job until 2007. Though I switched over to another job at the International Organization for Migration (IOM) in 2008, I remained in the same (UN) service system.
Having being selected for the Humphrey Fellowship program, I finally decided to leave that job with effect from July 1, 2009.
My flight to the USA was via Hong Kong. I boarded on the Dragon Air-Cathy Pacific joint flight in Dhaka on the early hours of July10, then boarded the 15-hour Chicago-bound flight of the United Airlines. Our flight landed at O’Hare International Airport in Chicago at around 2:00 PM local time same day.
As we were about to alight from the aircraft, we were barred to get down. A disappointing announcement come through: the server system of the “Immigration Department” was down, therefore the passengers had to wait in the aircraft until further announcement. I was totally exhausted after a journey of more than 24 hours. However, there was nothing to do; just wait.
After around half an hour or so, we had good news. We could off-board. Immediately, we rushed to the arrival hall to proceed for the immigration formalities. I had a fear with the reported complexities as immigration process in concerned, as heard from previous travelers. That presumption proved wrong. However, hundreds of travelers stood in the queues for how long, none could say. Like others, I was confused about where to queue. Feeling foolish, I thought, "Did I make a mistake coming here?"
An attending officer was mechanically and loudly announcing: “Those who have American Passports or Residence Card proceed to the bureau; others join the queues.” There was no special arrangement for the elderly people or mother with babies.
I just stood in one line - hundreds of male and females mostly from Southeast Asia stood in front of me. I found that there are 68 desks/booths. Though four of the booths were reserved for the crews, however, more than 200 of them were also queuing in lines. Some were apparently very angry, speaking in languages other than English.
I had nothing to do but, like others, gradually move up with the queue. After around three hours of waiting I reached an officer at a desk. The smart officer was kind enough and did not take much time. He roughly spent 10 minutes to review my J1 visa and related documents and take my photo and thumbprints. I got my passport back with the American stamp of arrival.
I came out of the area, but one of my two checked-in suitcases had not arrived. I was scheduled to complete the immigration formalities and customs clearances in Chicago. The attending person from the airline was not approachable; so busy that I could not even report my point. Then, I reported the issue at my final destination at Buffalo International Airport. The luggage reached me four days later. Anyway, it was in order, thanks to United Airlines.
I have passed just one week at the State University of New York at Buffalo, a city close to the Niagara Falls. I will be here for three weeks, and then move to the University of Minnesota.
I am yet to venture out in the USA. Some people have already made me cautious. The Americans themselves are passing hard times due to the ongoing economic recession. They are angry and frustrated. The younger generation is concerned with employment and the future. I will write separate piece on the issue.
If there is no change in the situation, this may bring misfortune to President Barack Obama for his next election, pro-Democrat academic Dr. Stephen C Dunnett, Professor of Foreign Language Institute and Vice Provost for International Education at the University at Buffalo told a group of 16 Humphrey Fellows gathered here in New York on July 20.
The writer is a Bangladeshi human rights lawyer and researcher; however, presently, in the USA as a Humphrey Fellow. E-mail: udas1971@yahoo.com
*Published in the PROBE News Magazine (Dhaka, Bangladesh), July 24-30, 2009; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=5394.
Bangladesh needs Center of Excellence on Migration Studies*
Migration has always featured prominently in Bangladesh's socio-economic scene and it is gaining more significance with the matter of climate change; this calls for an institution to ensure best benefits from the issue
Dr. Uttam Kumar Das writes from Minneapolis, USA
The migration sector in Bangladesh needs streamlining. Its potentiality and prospective benefits for the country depend how the sector is managed and planned. There is a lot to do in terms of administrative, policy, legal and judicial intervention to get full and sustainable benefit out of the migration sector.
We can not sit idle. Given the situation of global warming and the rising sea level, migration of our population could be a vital way of bailing out.
The big question is, however, how will it be strategized and who will do the job? Is there any institution in place for this purpose? The answer is in the negative.
I devote this piece arguing for a dedicated institution on migration issues in Bangladesh which will be a center of excellence in research, education and training on migration solely. We don’t need such an institute just for the sake of a name. There are too many such commissions now struggling to survive. We don't need such an institution merely to increase the number of such bodies. Seriously speaking, we need an institution which will really work.
There is no denial of the importance of authentic research in planning policies and setting strategies. However, that research has to be innovative and practical oriented.
From my experience, I have seen that the government is doing this on an ad hoc basis: by the official from the related ministries and departments who may not have related expertise and professional skills (which is why such research hardly brings any outcome), or through consultants hired or funded by certain donor agencies. These are short-sighted indeed, and don’t serve the purpose of the country.
There are few non-governmental organizations as well (run by academics mostly). However, these are short-sighted too and their purposes are donor-driven since they depend heavily on outside funding. There is also lack of professional personnel, infrastructure, continuity and follow-ups in their efforts.
For example, there may be huge immigration opportunity for professionals or low-skilled laborers in the United States in coming years, given Mexico; the major country of origin for U.S. immigrants is going to stop its people to move overseas by next 10 to 15 years. This may bring a huge potentiality for Bangladesh’s overseas job market. But who will assess the demand of manpower market there, required skills, and other related matters?
Also given the multi-facet dimensions of migration the proposed institution will have different departments: professional or skill migration, labour migration, climate refugees, forced migration etc.
The center should have expertise on different dynamics of migration: diplomacy, foreign relations, strategic, economic and finance, remittance and banking, skill training, policy, law and human rights, migration studies and research (aimed to higher degrees), conference and seminars, training component, publications and public relations etc. Its motto will be independence, professionalism, accountability, and service to the nation.
It will have partnering centers at different public and private universities and liaison with similar institutions abroad.
Question may arise as to how the funding will come in for such an institution. The initial funding may be sought from international donor agencies like the World Bank, Asian Development Bank, United Nations Development Fund, and International Organization for Migration (IOM).
IOM has supported similar institutions in few countries.
Also, the government can spend a portion of funding from the foreign exchanges earned by the migrants. In 2008, it was a record US$ 9.6 billion. Given the misappropriation of funding from the wage earners’ fund, financial support to the proposed center would be a worthy investment.
In this regard, there is the example of Indian Center for Development Studies (CDS) in Trivandrum. CDS is an autonomous research and teaching institution. It has a 15-member governing body consisting of eminent scholars from various disciplines.
CDS has its funding partially from the government. It heavily depends on its earning from various projects and programmses and endowment funds.
CDS has been running M.Phil and Ph.D. programs under the Jawaharlal Nehru University since 1975.
The writer is an Advocate in the Supreme Court of Bangladesh, and presently affiliated with the Human Rights Center and Law School, University of Minnesota, U.S.A. as a Humphrey Fellow (Fulbright Scholar). Formerly, he worked with the United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM) as a Legal and Human Rights Expert. E-mail: udas1971@yahoo.com.
**Published in the PROBE News Magazine (Dhaka, Bangladesh), December 18, 2009- January 28, 2010; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=5738.
Dr. Uttam Kumar Das writes from Minneapolis, USA
The migration sector in Bangladesh needs streamlining. Its potentiality and prospective benefits for the country depend how the sector is managed and planned. There is a lot to do in terms of administrative, policy, legal and judicial intervention to get full and sustainable benefit out of the migration sector.
We can not sit idle. Given the situation of global warming and the rising sea level, migration of our population could be a vital way of bailing out.
The big question is, however, how will it be strategized and who will do the job? Is there any institution in place for this purpose? The answer is in the negative.
I devote this piece arguing for a dedicated institution on migration issues in Bangladesh which will be a center of excellence in research, education and training on migration solely. We don’t need such an institute just for the sake of a name. There are too many such commissions now struggling to survive. We don't need such an institution merely to increase the number of such bodies. Seriously speaking, we need an institution which will really work.
There is no denial of the importance of authentic research in planning policies and setting strategies. However, that research has to be innovative and practical oriented.
From my experience, I have seen that the government is doing this on an ad hoc basis: by the official from the related ministries and departments who may not have related expertise and professional skills (which is why such research hardly brings any outcome), or through consultants hired or funded by certain donor agencies. These are short-sighted indeed, and don’t serve the purpose of the country.
There are few non-governmental organizations as well (run by academics mostly). However, these are short-sighted too and their purposes are donor-driven since they depend heavily on outside funding. There is also lack of professional personnel, infrastructure, continuity and follow-ups in their efforts.
For example, there may be huge immigration opportunity for professionals or low-skilled laborers in the United States in coming years, given Mexico; the major country of origin for U.S. immigrants is going to stop its people to move overseas by next 10 to 15 years. This may bring a huge potentiality for Bangladesh’s overseas job market. But who will assess the demand of manpower market there, required skills, and other related matters?
Also given the multi-facet dimensions of migration the proposed institution will have different departments: professional or skill migration, labour migration, climate refugees, forced migration etc.
The center should have expertise on different dynamics of migration: diplomacy, foreign relations, strategic, economic and finance, remittance and banking, skill training, policy, law and human rights, migration studies and research (aimed to higher degrees), conference and seminars, training component, publications and public relations etc. Its motto will be independence, professionalism, accountability, and service to the nation.
It will have partnering centers at different public and private universities and liaison with similar institutions abroad.
Question may arise as to how the funding will come in for such an institution. The initial funding may be sought from international donor agencies like the World Bank, Asian Development Bank, United Nations Development Fund, and International Organization for Migration (IOM).
IOM has supported similar institutions in few countries.
Also, the government can spend a portion of funding from the foreign exchanges earned by the migrants. In 2008, it was a record US$ 9.6 billion. Given the misappropriation of funding from the wage earners’ fund, financial support to the proposed center would be a worthy investment.
In this regard, there is the example of Indian Center for Development Studies (CDS) in Trivandrum. CDS is an autonomous research and teaching institution. It has a 15-member governing body consisting of eminent scholars from various disciplines.
CDS has its funding partially from the government. It heavily depends on its earning from various projects and programmses and endowment funds.
CDS has been running M.Phil and Ph.D. programs under the Jawaharlal Nehru University since 1975.
The writer is an Advocate in the Supreme Court of Bangladesh, and presently affiliated with the Human Rights Center and Law School, University of Minnesota, U.S.A. as a Humphrey Fellow (Fulbright Scholar). Formerly, he worked with the United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM) as a Legal and Human Rights Expert. E-mail: udas1971@yahoo.com.
**Published in the PROBE News Magazine (Dhaka, Bangladesh), December 18, 2009- January 28, 2010; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=5738.
Wish list to the new Chief Justice*
However short a term the new Chief Justice may have in office, perhaps he can initiate something that can take our judiciary a step ahead
Dr. Uttam Kumar Das writes from Minneapolis, USA
Due to my academic engagements, I have turned to be a “non-practicing lawyer” over the years. That means I am not taking briefs and pleading before the Court regularly. However, I do remain in the legal profession home or abroad.
I had the opportunity to meet and briefly talk to Justice Md. Tafazzul Islam, the new Chief Justice of Bangladesh, on occasions at the Legal Education and Training Institution and Bangladesh Bar Council.
I was excited on hearing that Justice Islam has become the 17th Chief Justice of Bangladesh.
While chatting over Facebook with an advocate-colleague in Dhaka, I asked him his comments on Justice Islam’s becoming the new Chief Justice. He precisely wrote back: It's a good thing that Justice Islam became our Chief Justice, and bad thing is that he will be in the office only for 47 days.”
I fully agreed with his reaction that it is a misfortune that he will be in the post for a very short period.
That is why I was thinking about what the nation could or should expect from him in this short period of time.
A country like ours has a lot to expect from the judiciary, especially from the highest one. We had lot of frustrations from other institutions like the parliament, administration, and political parties; however, we still now rely on the higher judiciary as a last resort. It had proved itself time and again.
Indeed, the judiciary could do miracles through judgments and interpretation of laws.
I have been in the United States for the last six months and am studying the judicial system and laws of that country being affiliated at a prime institution for legal education and research at the University of Minnesota Law School.
I am amazed seeing the pivotal role the judiciary plays. One example I want to mention here is the judgments of the US Supreme Court in the trail of the “terror suspects.” For the decision of the highest judiciary, the administration had to take decision to close the much talked about Guantanamo Bay Detention Center and initiated the trial of the suspects in the Federal Court in New York.
The same also goes for India. Among the Commonwealth countries, the role of the judicial activism and braveness of the Indian judiciary is a landmark.
Coming back to Bangladesh, when the bureaucracy (who are part of the executive) is lethargic and corrupt and politicians are busy with their narrow party or individual interests (that is why parliament could hardly do anything for the nation), then we have only one place - that is the judiciary.
And the Chief Justice as the head of that institution could bravely set out its goal and philosophy.
The existence of democracy also facilitates a flourishing of the rule of law and people’s access to justice among others.
Access to justice is a basic human right, and in case of Bangladesh a fundamental right as well; to ensure and facilitate people's access to a fair justice system is the responsibility of the State through its machinery.
The traditional understanding is that if there are (required) infrastructure and arrangements, this would allow people to seek and get justice. However, now it is widely acknowledged that only infrastructure and arrangements may not and could not ensure people’s access to justice; those are not a guarantee for getting fair justice.
Attitudes and behavior of the service providers (ie, people responsible for or working in a system) could also impact the quality of the expected services and the service actually received. It may come out either as a commission or omission by the individual concerned.
During the Fall Semester (September-December) 2009, I undertook a graduate seminar course named Law, Race and Social Psychology. From the studies, I have come to know how the race profile and attitudes of the jurors could impact a trial process and verdict. This is just one example. The same goes for those at the police stations, detention centers and other related service centers, and those going there seeking justice or relief.
For facilitating (I am not saying ensuring) an effective justice system in Bangladesh, there is a lot to do. For me, the important one is the aims and goals of the persons who are in the bars and benches. This could change a lot and could work immediately. For this we need will-power and motivation.
Quality justice system depends not only on the infrastructure and other facilities, rather relies heavily on the individuals concerned there.
There is no denial that to get better lawyers and judges we need a quality legal and human rights education system in place. However, the situation is unfortunately frustrating in Bangladesh. This needs a through overhauling. We also need to initiate scope to study human rights, social sciences, logic and languages for law students.
As Law Professor Dr. Mizanur Rahman of the University of Dhaka commented to me earlier, the existing legal education in Bangladesh does not produce “pro-poor judges and lawyers,” According to him, “pro-poor lawyering is pro-justice lawyering” given our context.
In the USA, the legal profession is considered a prime one. It has been supplemented by the existence of a quality and innovative legal education. Legal education is considered as an advanced study; students are joining law schools having completing undergraduate programs in diversified disciplines. Law courses are designed so that during the course, a student becomes a “practicing lawyer, or judge, or professional.” That spells a bright future.
Justice Islam does not have enough time to implement any major plan during his term. However, there is no reason not to plan and start something which is aspired by the nation and deserves to be initiated.
*Published in the PROBE News Magazine (Dhaka, Bangladesh), January 29-Februaray 04, 2010; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=5757
Dr. Uttam Kumar Das writes from Minneapolis, USA
Due to my academic engagements, I have turned to be a “non-practicing lawyer” over the years. That means I am not taking briefs and pleading before the Court regularly. However, I do remain in the legal profession home or abroad.
I had the opportunity to meet and briefly talk to Justice Md. Tafazzul Islam, the new Chief Justice of Bangladesh, on occasions at the Legal Education and Training Institution and Bangladesh Bar Council.
I was excited on hearing that Justice Islam has become the 17th Chief Justice of Bangladesh.
While chatting over Facebook with an advocate-colleague in Dhaka, I asked him his comments on Justice Islam’s becoming the new Chief Justice. He precisely wrote back: It's a good thing that Justice Islam became our Chief Justice, and bad thing is that he will be in the office only for 47 days.”
I fully agreed with his reaction that it is a misfortune that he will be in the post for a very short period.
That is why I was thinking about what the nation could or should expect from him in this short period of time.
A country like ours has a lot to expect from the judiciary, especially from the highest one. We had lot of frustrations from other institutions like the parliament, administration, and political parties; however, we still now rely on the higher judiciary as a last resort. It had proved itself time and again.
Indeed, the judiciary could do miracles through judgments and interpretation of laws.
I have been in the United States for the last six months and am studying the judicial system and laws of that country being affiliated at a prime institution for legal education and research at the University of Minnesota Law School.
I am amazed seeing the pivotal role the judiciary plays. One example I want to mention here is the judgments of the US Supreme Court in the trail of the “terror suspects.” For the decision of the highest judiciary, the administration had to take decision to close the much talked about Guantanamo Bay Detention Center and initiated the trial of the suspects in the Federal Court in New York.
The same also goes for India. Among the Commonwealth countries, the role of the judicial activism and braveness of the Indian judiciary is a landmark.
Coming back to Bangladesh, when the bureaucracy (who are part of the executive) is lethargic and corrupt and politicians are busy with their narrow party or individual interests (that is why parliament could hardly do anything for the nation), then we have only one place - that is the judiciary.
And the Chief Justice as the head of that institution could bravely set out its goal and philosophy.
The existence of democracy also facilitates a flourishing of the rule of law and people’s access to justice among others.
Access to justice is a basic human right, and in case of Bangladesh a fundamental right as well; to ensure and facilitate people's access to a fair justice system is the responsibility of the State through its machinery.
The traditional understanding is that if there are (required) infrastructure and arrangements, this would allow people to seek and get justice. However, now it is widely acknowledged that only infrastructure and arrangements may not and could not ensure people’s access to justice; those are not a guarantee for getting fair justice.
Attitudes and behavior of the service providers (ie, people responsible for or working in a system) could also impact the quality of the expected services and the service actually received. It may come out either as a commission or omission by the individual concerned.
During the Fall Semester (September-December) 2009, I undertook a graduate seminar course named Law, Race and Social Psychology. From the studies, I have come to know how the race profile and attitudes of the jurors could impact a trial process and verdict. This is just one example. The same goes for those at the police stations, detention centers and other related service centers, and those going there seeking justice or relief.
For facilitating (I am not saying ensuring) an effective justice system in Bangladesh, there is a lot to do. For me, the important one is the aims and goals of the persons who are in the bars and benches. This could change a lot and could work immediately. For this we need will-power and motivation.
Quality justice system depends not only on the infrastructure and other facilities, rather relies heavily on the individuals concerned there.
There is no denial that to get better lawyers and judges we need a quality legal and human rights education system in place. However, the situation is unfortunately frustrating in Bangladesh. This needs a through overhauling. We also need to initiate scope to study human rights, social sciences, logic and languages for law students.
As Law Professor Dr. Mizanur Rahman of the University of Dhaka commented to me earlier, the existing legal education in Bangladesh does not produce “pro-poor judges and lawyers,” According to him, “pro-poor lawyering is pro-justice lawyering” given our context.
In the USA, the legal profession is considered a prime one. It has been supplemented by the existence of a quality and innovative legal education. Legal education is considered as an advanced study; students are joining law schools having completing undergraduate programs in diversified disciplines. Law courses are designed so that during the course, a student becomes a “practicing lawyer, or judge, or professional.” That spells a bright future.
Justice Islam does not have enough time to implement any major plan during his term. However, there is no reason not to plan and start something which is aspired by the nation and deserves to be initiated.
*Published in the PROBE News Magazine (Dhaka, Bangladesh), January 29-Februaray 04, 2010; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=5757
Human Rights as a career
Human Rights as a career*
Ms Abong from Kenya believes that promotion of human rights is not enough; protection of human rights is imperative
Dr. Uttam Kumar Das writes from Minneapolis, USA
If anyone wants working for the benefit of others then there is an excellent way: work for promoting and protecting human rights could be a career. Ms. Carolyne Abong of Kenya is a shining example for this. Her work brought her to the United States as a Hubert Humphrey Fellow (Fulbright Scholar).
Ms. Abong is the Deputy Secretary (Research and Policy) of the Kenyan National Commission on Human Rights (KNCHR).
She is presently in the United States for a year and is affiliated with the Hubert H Humphrey Institute of Public Affairs at the University of Minnesota in Minneapolis as a Humphrey Fellow for the year 2009-2010. I am also here having the same fellowship; however, I am affiliated with a different institution, the Human Rights Center and Law School of the same university.
The fellowship is named after the late US Vice-President Mr. Hubert H Humphrey who had lived in Minneapolis and had become the Mayor of the city in the early days of his charismatic political career. The fellowship is funded by the US Department of State and managed by the Institute of International Education (IIE).
Ms. Abong became interested in human rights issues while researching for her second Master's degree in International Studies.
She had her first Master's Degree in Political Science from the University of Nairobi in Kenya in 2000.
Then she enrolled herself in a two-year Master Program in International Studies. At the same time she was working part-time at an NGO named Center for Conflict Studies (CCS).
This affiliation prompted her to write her thesis on international conflicts. She took up the International Criminal Court (ICC) as her research topic, and Rwanda and former Yugoslavia were case studies.
Ms. Abong got her Master of Arts Degree in International Studies in 2003. She also had courses in International Law, Diplomacy, International Conflict Management and International Economy.
In the thesis, Ms. Abong observed that ICC, which is formed under an international convention to prosecute serious crimes like war crime, genocide, crime against humanity etc, is an “institution of compromise,” and “it is limited in its aim.”
There are reasons for that: the powerful states don’t want a supra power body like ICC, she commented. In writing the thesis, she had extensive field research in Tanzania where the court for Rwanda is based in.
After having the degree, she continued her work with the CCR; however, got a new focus on her work: she focused on the issue of promotion and protection of human rights in the Great Lakes area in Africa.
Ms. Abong has joined the Kenya National Commission on Human Rights (KNCHR) in January 2005 as a Senior Human Rights Officer; she got the charge of research and policy works. Her job was to conduct research on human rights issues and writing proposals for grants. She was promoted to the position of the Deputy Secretary in January 2009.
The KNCHR was established through an Act of the Kenyan Parliament named Kenya National Commission on Human Rights Act 2002. Its core mandate is to further the protection and promotion of human rights in the country.
KNCHR’s key program areas are: investigating complaints, providing redress, campaigns and advocacy, research, policy and legislation, economic, social and cultural rights, education and capacity building and institutional strengthening, according to the website of the agency.
KNCHR comprises nine members including one Chair and one Vice-Chair. A Parliamentary Committee selects the members who have to be approved by the President of the country. Their term is five years, which is renewable for another term.
Incidentally, seven out of nine present members happen to be lawyers with proven background and enormous contribution in the area of human rights at national and international level.
On the administrative side, KNCHR has a Secretary and one Deputy Secretary (Ms. Abong is the current one). The agency has seven main program departments: Campaign and Advocacy; Complaints and Investigations; Economic, Social and Cultural Rights; Human Rights Education; Public Affairs and Communication; Research, Policy and Legislation; and Administration, Finance and Procurement.
Being asked on the human rights challenges in her country, Ms. Abong told me that administration of justice is not in good shape. That is a great concern. Apart from that there are reported cases of torture- by the police, prison guards and military. Also, there are ethnic conflicts and arbitrary arrest and detentions, and alleged extra-judicial killings by police.
Staff members and activists of NGOs working on human rights are frequently harassed or detained. However, media is comparatively free and vocal on human rights abuses and other extra-judicial activities.
There is a growing concern on the disappearances of individuals, especially the youth. This is evident in the reports of UN Special Rapporteurs.
Ms. Abong has a strong faith on the capacity and power of the national human rights institutions with regard to promotion and protection of human rights at national levels. “National Human Rights Commission establishes legitimacy of human rights works in a given country,” she said.
As part of the Humphrey Fellowship Program in the US, Ms. Abong is focusing on Public Policy and Research. She is also doing her professional affiliation with Hennepin County Office of the Minnesota Department of Human Rights.
Ms. Abong hopes to utilize her new knowledge and expertise in her country upon return. She is confident that she would be able to make a difference in her country in human rights situation through advocating with the government for policy reform and their implementation. This is required to meet the need of the time.
Regarding the convenience of working in the public sector, Ms. Abong argues that it is easier to influence positive changes in the government systems if someone is already within the system or an insider.
Given her previous experience, Ms. Abong mentioned that she has worked with the Human Rights Division in the Ministry of Justice on the issue of ratification of major international human rights instruments by Kenya. She was able to maintain positive impact in her works.
She has also contributed in formulating the National Policy on Human Rights to be coming into force in June 2010.
Ms. Abong also contributed enormously in human rights education and public awareness in Kenya.
Human rights issues are in the curriculum from Grade I to VIII since 2008. It is taught as part of Social Studies. In the schools, children would learn about human rights, child rights etc.
At the high school level, students would have advanced knowledge on human rights: individual’s rights and states’ obligations in protecting and promoting human rights.
Regarding legal education in Kenya, she says that law is taught in two public universities: the University of Nairobi and Moi University; that is a four year law program.
The Kenya School of Law under the Council of Legal Education offers a two-year masters program in Law as well. Human Rights is taught as a course in those programs.
To have license as an Advocate (Attorney) the law graduates need to go for a year-long pupilage with the respective government agencies or independent law firms.
Regarding challenges in human rights works, Ms. Abong says that political commitment of the government is vital for protection of human rights.
She observes that the government in her country wanted promotion of human rights only, unfortunately, not the protection of the same rights.
She believes that corruption is a major concern in countries like hers. This violates people’s economic and social rights. The major victims of corruption are the poor and marginalized ones, she says.
She opines that a person educated in human rights could make a difference in contributing to a just society with the existence of rule of law, democracy, and guarantees for rights of all individuals.
Dr. Uttam Kumar Das is an Advocate in the Supreme Court of Bangladesh, and presently affiliated with the Human Rights Center at the University of Minnesota Law School in Minneapolis. E-mail: udas1971@yahoo.com.
*Originally published in the PROBE News Magazine (Dhaka, Bangladesh), February 05-11, 2010; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=5784.
Ms Abong from Kenya believes that promotion of human rights is not enough; protection of human rights is imperative
Dr. Uttam Kumar Das writes from Minneapolis, USA
If anyone wants working for the benefit of others then there is an excellent way: work for promoting and protecting human rights could be a career. Ms. Carolyne Abong of Kenya is a shining example for this. Her work brought her to the United States as a Hubert Humphrey Fellow (Fulbright Scholar).
Ms. Abong is the Deputy Secretary (Research and Policy) of the Kenyan National Commission on Human Rights (KNCHR).
She is presently in the United States for a year and is affiliated with the Hubert H Humphrey Institute of Public Affairs at the University of Minnesota in Minneapolis as a Humphrey Fellow for the year 2009-2010. I am also here having the same fellowship; however, I am affiliated with a different institution, the Human Rights Center and Law School of the same university.
The fellowship is named after the late US Vice-President Mr. Hubert H Humphrey who had lived in Minneapolis and had become the Mayor of the city in the early days of his charismatic political career. The fellowship is funded by the US Department of State and managed by the Institute of International Education (IIE).
Ms. Abong became interested in human rights issues while researching for her second Master's degree in International Studies.
She had her first Master's Degree in Political Science from the University of Nairobi in Kenya in 2000.
Then she enrolled herself in a two-year Master Program in International Studies. At the same time she was working part-time at an NGO named Center for Conflict Studies (CCS).
This affiliation prompted her to write her thesis on international conflicts. She took up the International Criminal Court (ICC) as her research topic, and Rwanda and former Yugoslavia were case studies.
Ms. Abong got her Master of Arts Degree in International Studies in 2003. She also had courses in International Law, Diplomacy, International Conflict Management and International Economy.
In the thesis, Ms. Abong observed that ICC, which is formed under an international convention to prosecute serious crimes like war crime, genocide, crime against humanity etc, is an “institution of compromise,” and “it is limited in its aim.”
There are reasons for that: the powerful states don’t want a supra power body like ICC, she commented. In writing the thesis, she had extensive field research in Tanzania where the court for Rwanda is based in.
After having the degree, she continued her work with the CCR; however, got a new focus on her work: she focused on the issue of promotion and protection of human rights in the Great Lakes area in Africa.
Ms. Abong has joined the Kenya National Commission on Human Rights (KNCHR) in January 2005 as a Senior Human Rights Officer; she got the charge of research and policy works. Her job was to conduct research on human rights issues and writing proposals for grants. She was promoted to the position of the Deputy Secretary in January 2009.
The KNCHR was established through an Act of the Kenyan Parliament named Kenya National Commission on Human Rights Act 2002. Its core mandate is to further the protection and promotion of human rights in the country.
KNCHR’s key program areas are: investigating complaints, providing redress, campaigns and advocacy, research, policy and legislation, economic, social and cultural rights, education and capacity building and institutional strengthening, according to the website of the agency.
KNCHR comprises nine members including one Chair and one Vice-Chair. A Parliamentary Committee selects the members who have to be approved by the President of the country. Their term is five years, which is renewable for another term.
Incidentally, seven out of nine present members happen to be lawyers with proven background and enormous contribution in the area of human rights at national and international level.
On the administrative side, KNCHR has a Secretary and one Deputy Secretary (Ms. Abong is the current one). The agency has seven main program departments: Campaign and Advocacy; Complaints and Investigations; Economic, Social and Cultural Rights; Human Rights Education; Public Affairs and Communication; Research, Policy and Legislation; and Administration, Finance and Procurement.
Being asked on the human rights challenges in her country, Ms. Abong told me that administration of justice is not in good shape. That is a great concern. Apart from that there are reported cases of torture- by the police, prison guards and military. Also, there are ethnic conflicts and arbitrary arrest and detentions, and alleged extra-judicial killings by police.
Staff members and activists of NGOs working on human rights are frequently harassed or detained. However, media is comparatively free and vocal on human rights abuses and other extra-judicial activities.
There is a growing concern on the disappearances of individuals, especially the youth. This is evident in the reports of UN Special Rapporteurs.
Ms. Abong has a strong faith on the capacity and power of the national human rights institutions with regard to promotion and protection of human rights at national levels. “National Human Rights Commission establishes legitimacy of human rights works in a given country,” she said.
As part of the Humphrey Fellowship Program in the US, Ms. Abong is focusing on Public Policy and Research. She is also doing her professional affiliation with Hennepin County Office of the Minnesota Department of Human Rights.
Ms. Abong hopes to utilize her new knowledge and expertise in her country upon return. She is confident that she would be able to make a difference in her country in human rights situation through advocating with the government for policy reform and their implementation. This is required to meet the need of the time.
Regarding the convenience of working in the public sector, Ms. Abong argues that it is easier to influence positive changes in the government systems if someone is already within the system or an insider.
Given her previous experience, Ms. Abong mentioned that she has worked with the Human Rights Division in the Ministry of Justice on the issue of ratification of major international human rights instruments by Kenya. She was able to maintain positive impact in her works.
She has also contributed in formulating the National Policy on Human Rights to be coming into force in June 2010.
Ms. Abong also contributed enormously in human rights education and public awareness in Kenya.
Human rights issues are in the curriculum from Grade I to VIII since 2008. It is taught as part of Social Studies. In the schools, children would learn about human rights, child rights etc.
At the high school level, students would have advanced knowledge on human rights: individual’s rights and states’ obligations in protecting and promoting human rights.
Regarding legal education in Kenya, she says that law is taught in two public universities: the University of Nairobi and Moi University; that is a four year law program.
The Kenya School of Law under the Council of Legal Education offers a two-year masters program in Law as well. Human Rights is taught as a course in those programs.
To have license as an Advocate (Attorney) the law graduates need to go for a year-long pupilage with the respective government agencies or independent law firms.
Regarding challenges in human rights works, Ms. Abong says that political commitment of the government is vital for protection of human rights.
She observes that the government in her country wanted promotion of human rights only, unfortunately, not the protection of the same rights.
She believes that corruption is a major concern in countries like hers. This violates people’s economic and social rights. The major victims of corruption are the poor and marginalized ones, she says.
She opines that a person educated in human rights could make a difference in contributing to a just society with the existence of rule of law, democracy, and guarantees for rights of all individuals.
Dr. Uttam Kumar Das is an Advocate in the Supreme Court of Bangladesh, and presently affiliated with the Human Rights Center at the University of Minnesota Law School in Minneapolis. E-mail: udas1971@yahoo.com.
*Originally published in the PROBE News Magazine (Dhaka, Bangladesh), February 05-11, 2010; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=5784.
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