Feature
Legal Education
Law University in the Offing
Dr. Uttam Kumar Das
SOMETIMEs ago, one of our legal academics questioned the logic of our expectation for rule of law in the country without any public investment for legal education in Bangladesh. The point deserves serious attention and consideration.
I was also told a story: there was an option to get funding from a multilateral donor agency either to invest for quality education or for infrastructure (i.e., court buildings, furniture etc.). The bureaucrats and policy makers obviously opted for the infrastructure for understandable reasons.
In the present system, law departments at four public universities are running on public money allocated through the University Grants Commission. However, the standard and quality of the curriculum of those schools, teaching methodologies, scholarship, original research and publications of respective faculties (with few exceptions of course), resources available for students and faculties, and above all the quality of the graduating students, are not beyond questions. The situation is even worse at private universities and law colleges. (Some are even accused of selling out certificates).
A decision was taken during the caretaker government headed by Justice Shahabuddin Ahmed to establish public law colleges at divisional levels. Also, there was a discussion to introduce law as an independent course in college-levels. Unfortunately, there is no progress in this regard. The same also goes for human rights education.
India has so far around 15 full-fledged law universities starting with the National Law School of India University in Bangalore. This is a brainchild of the Indian Bar Council. There is the National University of Juridical Sciences in Kolkata. All those pioneering institutes have come to reality under the planning and leadership of the legendary figure in legal and human rights education, Professor N. R. Madhava Menon.
During my recent year-long stay in the United States as a Fulbright Hubert H. Humphrey Fellow (2009-2010), I have taken every opportunity to visit different Law Schools, talk to respective faculties and students, and to observe and monitor how those institutions operate. Though based in University of Minnesota Law School and Human Rights Center in Minneapolis, I traveled to New York City, Buffalo, Atlanta, Barkley, and Lincoln in this regard. I was amazed visiting each of the institutions and seeing how innovative, practical and effective the curriculum and teaching methodologies they had. Those institutions have been competing with each other attracting better students and producing quality publications.
I have been wondering when we would have such institutions in Bangladesh, and how I could be contributing to bring forth such an initiative. There is a ray of hope that is initiated by the eminent Jurist Dr. Kamal Hossian and his colleagues.
I had an opportunity to speak in a reception organized by a Lawyers' organization in honour of Dr. Hossain in New York in January this year. I had requested him to initiate a global-standard institution in Bangladesh. Dr. Hossain has already initiated the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS). The next target is to turn it into a full-fledged South Asian Law University.
The Minister for Law, Justice and Parliamentary Affairs of the Government of the People's Republic of Bangladesh, Barrister Shafique Ahmed, has already assured to establishing a Law University in Bangladesh. He hopes that such an institution would be able to find out innovative and effective judicial system given the contexts like ours (where the British introduced and aged-old system has been failing to deliver justice).
In an event of SAILS, Professor Yubaraj Sangroula from Kathmandu School of Law, dreams of educational and intellectual integration in South Asia. He underscores the need of a new dimension of South Asian Law and Justice System which would render services to the poor. This would emerge through negotiating a new dimension of justice for the poor. He urged the young lawyers to serve the poor and continued to say: “Justice does not remain in a beautiful houses, it is under trees.” SAILS is to make this happen, he observes.
Dr. Kamal Hossain who chairs the Governing Council SAILS observes that law is an instrument for social change. “It [law] is an instrument to empowering the powerless, if it is properly understood, and could be effectively implemented,” he says at a function of SAILS on 28 June.
Professor N. R. Madhava Menon, a pioneer of global-standard legal education in India and Chairman of the Academic Committee of SAILS, observed that quality legal education in South Asian countries could bring in foreign exchanges for the region as well. “If we could produce international-standard law graduates they can acquire jobs in multinational agencies and law firms.” He also supports the idea of a SAARC-level Regional Law University. He hopes that such a University would come out with new scholarship and help in promoting peace and development in the region.
Professor Mizanur Rhaman, a visionary in human rights education in Bangladesh (and who has recently joined as the Chairman of the National Human Rights Commission) urged the lawyers to fight until human dignity is established and upheld given the social and other changes in the region of South Asia.
SAILS has started its journey with recently concluded two month-long training courses in Alternative Dispute Resolution (ADR) and Continuing Legal Education (CLE), first of its kind in the country (from 29 May to 29 June). A total of 36 participants- judges and lawyers were drawn from Bangladesh, India, Nepal, Bhutan, Sri Lanka and Maldives.
The resource persons included renowned academics, jurists and legal practitioners from home and abroad. Resource Persons from abroad included Professor N. R. Madhava Menon of India, Dr. Yubaraj Sangroula, a Professor of Kathmandu School of Law in Nepal, Dr. Dave Hollnes from South Africa alongside Dr. Kamal Hossain, Professor Mizanur Rahman, Professor Shah Alam, Professor Zakir Hossain, Dr. Abdullah Al Faruque, and Dr. Sharif Bhuiyan among others from Bangladesh.
Appreciating the training programme organized by SAILS, a participant from Nepal, Mr. Mukesh Dhungana observes that this type of training would promote pro-people lawyering. He went on to say: “Pro-people lawyering could contribute to the Rule of Law.” Let us hope that the proposed Law University will move forward for the same cause”.
The writer is a Researcher and Practitioner specializing in International Human Rights Law. He is also an Advocate (Attorney at Law) in the Supreme Court of Bangladesh. E-mail: udas1971@gmail.com.
*Originally appeared in the Star Campus (Dhaka, Bangladesh), July 25, 2010; link: http://www.thedailystar.net/campus/2010/07/04/feature_legal.htm
Sunday, July 25, 2010
Sunday, July 11, 2010
South Asian Law University
Legal Education
South Asian Law University:
A move towards quality education*
Dr. Uttam Kumar Das
DURING my recently completed Hubert H. Humphrey Fellowship Program (2009-2010) in the United States, I have taken every opportunity to visit different Law Schools, talk to Faculties, and to observe and monitor how those institutions do operate.
Apart from my host institution, the University of Minnesota Law School and Human Rights Center in Minneapolis, I have visited some other Law Schools and talked to respective faculties, staff members and students.
Visiting those institutions, I do see how productive and efficient the students could make them during their time in Law Schools (i.e., three years for the Juris Doctor or JD and one year for LL.M. program).
During the School year, a student could explore his or her interest and skill, take the full advantage of the available scholarship and resources, and decide accordingly whether one would join the public service, pro bono legal or human rights work/organisation, or go to practicing law. Potential employers would come to the School to hire graduates through their announcements or participating in job fairs.
In the University of Minnesota Law School, there are 18 Legal Clinics covering the issues ranging from International Business Law to Human Rights Litigation; those serve 'live-clients.' Students are to work with Clinics as part of their respective courses. Students could even appear in the Courts for clients under the supervision of a Clinical Law Professor.
There is at least one full-time Clinical Faculty each Clinic. There are donations or endowments to run such Clinics. Even private individuals (former law students or their descendents) and organisations provide funding to establish and run Legal Clinics. Other Faculty Positions are also funded in the same ways.
There are three full-fledged and well-equipped Court Rooms. The Supreme Court of the State of Minnesota holds their sessions in the Law School on scheduled dates to allow students to observe the proceedings and ask questions thereafter. The Chief Justice, other related Judges and respective Attorneys would come down to the School to participate in the real proceedings. In other cases, students would visit trail courts.
I found the student organisations (total 56 for 800 students) busy with so many activities over a semester (other than destructive activities like here in Bangladesh). For example, if the Chapter of Amnesty International brings a renowned Law Professor from another Law School to speak on a timely issue, the International Law Society or Asylum Law Project would bring an internationally-reputed activities or practitioner to address the students on another topic. Students do publish journals on time serving as Chief Editors.
The Mission of this University of Minnesota Law School is to provide “high quality legal education.” It wants to achieve this through “… contributing substantially to knowledge of the legal order through the publication and other dissemination of scholarship, and … providing discipline-related public service to the University, the state, the nation, and the international community, and to the legal profession in those fields in which it has a special expertise.”
Though we have around 20 Law Schools or Departments affiliated with public or private universities, however, the standard of the curriculum, teaching methodology, scholarship of the respective faculties (of course with few exceptions), research and publications, available resources to students and faculties, and overall the quality of the graduating students are not beyond questions. The same goes about the quality of the graduates coming out of Private Law Colleges.
Therefore, this is the high time to look into quality of legal education in Bangladesh to having a global standard. Given the globalisation, expansion of international corporation and business, and ever expanding human rights and humanitarian crisis there are growing need of quality law graduates.
Upon my return to Dhaka in June, I have noticed a significant progress in this regard and it comes to realisation of a dream of having a South Asian Law University in Bangladesh. This has been initiated under the banner of the already established South Asian Institute of Advanced Legal and Human Rights Studies (SAILS).
SAILS has recently concluded two month-long training courses on the Alternative Dispute Resolution (ADR) and Continuing Legal Education (CLE), first of its kind in the country. The participants- judges and lawyers were drawn from Bangladesh, India, Nepal, Bhutan and Maldives.
Definitely there is need and all potentially for such an institution.
Dr. Kamal Hossain in his speech said, “Its an instrument to empowering the powerless, if it is properly understood, and could be effectively implemented,” he said. The internationally acclaimed Jurist urges the participants of the courses not to be lawyers obsessed of earning more money, but to serve the powerless and helpless in the respective society.
Barrister Shafique Ahmed, Minister for Law, Justice and Parliamentary Affairs of the Government of the People's Republic of Bangladesh assures all out supports from his government in establishing a Law University in Bangladesh. He blames the aged old judicial system inherited from the British for failing to deliver justice. That is why the government has introduced ADR to reduce backlog of cases. “ADR could save time and money,” the Law Minister observes.
Professor N. R. Madhava Menon, a pioneer of global-standard legal education in India observes that a quality legal education in South Asian countries could bring foreign exchanges for the region as well. “If we could produce international-standard law graduates they could grab jobs in the multinational, international agencies and law firms.”
Dr. Menon starts his mission with the National Law School of India University in Bangalore, India. He also supports the idea of a SAARC-level Regional Law University. He hopes that such a University would come out with new scholarship and help in promoting peace and development in the region. Being a promoter for a quality legal and human rights education, I do foresee that the proposed Law University would produce graduates having new scholarship and morale among other qualities. They could contribute to establishing the Rule of Law and Accountability in the society. That is necessary for a healthy and democratic society and ensuring human rights for all.
The writer is a Researcher and Practitioner specializing in International Human Rights Law.
*Originally appeared in The Daily Star (Dhaka, Bangladesh), July 10, 2010; link: http://www.thedailystar.net/law/2010/07/02/education.htm.
South Asian Law University:
A move towards quality education*
Dr. Uttam Kumar Das
DURING my recently completed Hubert H. Humphrey Fellowship Program (2009-2010) in the United States, I have taken every opportunity to visit different Law Schools, talk to Faculties, and to observe and monitor how those institutions do operate.
Apart from my host institution, the University of Minnesota Law School and Human Rights Center in Minneapolis, I have visited some other Law Schools and talked to respective faculties, staff members and students.
Visiting those institutions, I do see how productive and efficient the students could make them during their time in Law Schools (i.e., three years for the Juris Doctor or JD and one year for LL.M. program).
During the School year, a student could explore his or her interest and skill, take the full advantage of the available scholarship and resources, and decide accordingly whether one would join the public service, pro bono legal or human rights work/organisation, or go to practicing law. Potential employers would come to the School to hire graduates through their announcements or participating in job fairs.
In the University of Minnesota Law School, there are 18 Legal Clinics covering the issues ranging from International Business Law to Human Rights Litigation; those serve 'live-clients.' Students are to work with Clinics as part of their respective courses. Students could even appear in the Courts for clients under the supervision of a Clinical Law Professor.
There is at least one full-time Clinical Faculty each Clinic. There are donations or endowments to run such Clinics. Even private individuals (former law students or their descendents) and organisations provide funding to establish and run Legal Clinics. Other Faculty Positions are also funded in the same ways.
There are three full-fledged and well-equipped Court Rooms. The Supreme Court of the State of Minnesota holds their sessions in the Law School on scheduled dates to allow students to observe the proceedings and ask questions thereafter. The Chief Justice, other related Judges and respective Attorneys would come down to the School to participate in the real proceedings. In other cases, students would visit trail courts.
I found the student organisations (total 56 for 800 students) busy with so many activities over a semester (other than destructive activities like here in Bangladesh). For example, if the Chapter of Amnesty International brings a renowned Law Professor from another Law School to speak on a timely issue, the International Law Society or Asylum Law Project would bring an internationally-reputed activities or practitioner to address the students on another topic. Students do publish journals on time serving as Chief Editors.
The Mission of this University of Minnesota Law School is to provide “high quality legal education.” It wants to achieve this through “… contributing substantially to knowledge of the legal order through the publication and other dissemination of scholarship, and … providing discipline-related public service to the University, the state, the nation, and the international community, and to the legal profession in those fields in which it has a special expertise.”
Though we have around 20 Law Schools or Departments affiliated with public or private universities, however, the standard of the curriculum, teaching methodology, scholarship of the respective faculties (of course with few exceptions), research and publications, available resources to students and faculties, and overall the quality of the graduating students are not beyond questions. The same goes about the quality of the graduates coming out of Private Law Colleges.
Therefore, this is the high time to look into quality of legal education in Bangladesh to having a global standard. Given the globalisation, expansion of international corporation and business, and ever expanding human rights and humanitarian crisis there are growing need of quality law graduates.
Upon my return to Dhaka in June, I have noticed a significant progress in this regard and it comes to realisation of a dream of having a South Asian Law University in Bangladesh. This has been initiated under the banner of the already established South Asian Institute of Advanced Legal and Human Rights Studies (SAILS).
SAILS has recently concluded two month-long training courses on the Alternative Dispute Resolution (ADR) and Continuing Legal Education (CLE), first of its kind in the country. The participants- judges and lawyers were drawn from Bangladesh, India, Nepal, Bhutan and Maldives.
Definitely there is need and all potentially for such an institution.
Dr. Kamal Hossain in his speech said, “Its an instrument to empowering the powerless, if it is properly understood, and could be effectively implemented,” he said. The internationally acclaimed Jurist urges the participants of the courses not to be lawyers obsessed of earning more money, but to serve the powerless and helpless in the respective society.
Barrister Shafique Ahmed, Minister for Law, Justice and Parliamentary Affairs of the Government of the People's Republic of Bangladesh assures all out supports from his government in establishing a Law University in Bangladesh. He blames the aged old judicial system inherited from the British for failing to deliver justice. That is why the government has introduced ADR to reduce backlog of cases. “ADR could save time and money,” the Law Minister observes.
Professor N. R. Madhava Menon, a pioneer of global-standard legal education in India observes that a quality legal education in South Asian countries could bring foreign exchanges for the region as well. “If we could produce international-standard law graduates they could grab jobs in the multinational, international agencies and law firms.”
Dr. Menon starts his mission with the National Law School of India University in Bangalore, India. He also supports the idea of a SAARC-level Regional Law University. He hopes that such a University would come out with new scholarship and help in promoting peace and development in the region. Being a promoter for a quality legal and human rights education, I do foresee that the proposed Law University would produce graduates having new scholarship and morale among other qualities. They could contribute to establishing the Rule of Law and Accountability in the society. That is necessary for a healthy and democratic society and ensuring human rights for all.
The writer is a Researcher and Practitioner specializing in International Human Rights Law.
*Originally appeared in The Daily Star (Dhaka, Bangladesh), July 10, 2010; link: http://www.thedailystar.net/law/2010/07/02/education.htm.
Expectation from National Human Rights Commission*
Human Rights Advocacy
Expectation from National Human Rights Commission
Dr. Uttam Kumar Das
OVER the last week two developments related to the National Human Rights Commission (NHRC) have been headlined in news reports. The President of the People's Republic of Bangladesh has appointed a Chairman and six members to the NHCR on 22 June. It is likely the NHRC is to get a long waited and full-fledged body. This is hopefully to contribute full functioning of the newly established apex body in charge of protection and promotion of human rights in the country.
Just a day before the appointment, the outgoing Chairman of the NHRC, Justice Amirul Kabir Chowdhury disclosed (on 21 June) that most of the complaints (total 147) the agency has received during the last one year are against the law enforcers. The veteran Judge urged for proper training on human rights for the member of the law enforcement agencies. (Source: The Daily Star, June 22, 2010). The issue needs serious attention of all concerned.
Let me start with focusing on the newly appointed Chairman and Members to the NHRC. The Chairman, Dr. Mizanur Rahman who has been a prominent Professor of Law at the University of Dhaka is a well-known personality as well in the arena of human rights education in Bangladesh and beyond. He has been a proponent of “justice for the poor” through expanding human rights education and activism in Bangladesh.
Professor Rahman has established a landmark in human rights education through organizing a two-week annual summer school under the auspices of the Empowerment through Law of the Common People (ELCOP). This has been an innovative and effective initiative to introduce human rights as an integral part of legal education in the absent of a formal opportunity to do so. The course has drawn interest from meritorious students from the SAARC region and beyond. I had the opportunity to be part of the initiative over the years [while serving with the United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM)].
During the last one year, I had been affiliated as a Hubert H. Humphrey Fellow (Fulbright Scholar) with the Human Rights Center at the University of Minnesota Law School in the United States. Among other activities, I have closely monitored the activities of an academic institute (i.e. University of Minnesota) and a state organ (Minnesota Department of Human Rights-MDHR) in promoting and protecting human rights.
The MDHR introduces it as a “…neutral state agency that investigates charges of illegal discrimination, ensures that businesses seeking state contracts are in compliance with equal opportunity requirements, and strives to eliminate discrimination by educating Minnesotans about their rights and responsibilities under the state Human Rights Act.” Its values are: quality, timeliness, efficiency service, fairness and respect. So, the implementation mechanism of human rights is through educating people about their rights and responsibilities among others.
Then, the question of human rights education comes in. In this regard, let me look into the role of the University of Minnesota. The University's Law School has an International Human Rights Law concentration among others in courses (i.e. LL.M. and J.D.). Around five clinics (out of 17) focus on human rights issues. The Human Rights Center at the Law School has been pioneering in running online Human Rights Library, programs incorporating human rights in the school curriculum, and training teachers, practitioners, and activists among others.
Apart from that, the College of Liberal Arts has a comprehensive Human Rights Program for undergraduate and graduate students. It has been directed by Professor Barbara A. Frey who has been a pioneer in human rights activism in the U.S. and beyond, and a former UN Rapporteur. [I had the opportunity to be taught a course on Human Rights Advocacy by her]. Throughout my academic and professional experience in the area of human rights, I got a simple understanding that it (human rights) is a matter of culture and practice. It starts from individual (including myself). One could orient him or herself on the concept of human rights through education and training. Then, the point of practice comes in.
It is hardly possible to protect, promote and implement human rights unless we start to practice it at our individual level. Political stunt hardly work. That is why the initiation of human rights education Bangladesh should be the priority. This is not a subject for law students only. It (human rights) has various dimensions alongside the legal one.
It should be for mass education. That means human rights should be incorporated in the curriculum starting from the primary and secondary levels. There should be opportunity for advanced studies and research on human rights. Thus, we could build up a culture of human rights in our future generations; will have professionals as well. This would contribute to establishing rule of law, accountability and strengthening the democratic processes and institutions.
However, unfortunately, the traditional donor agencies or development partners hardly pay attention to the institutional educational aspects of human rights in Bangladesh. So, far there is no single institution in the country which could claim any significant initiative or contribution in human rights education, research and practice. Forget about centre of excellence.
The Law Schools are also likely ignorant and reluctant in this regard. Without a better human rights education, we could not expect pro-human rights lawyers and judges. This is a hard reality. However, the good thing is that the newly appointed Chairman of NHRC, Professor Mizanur Rahman has been an active academic himself. He has already acknowledged (in an interview with BBC) the necessity of expanding opportunity for human rights education and training in the country. Now, how it comes to real implementation that is a point. Prominent Human Rights Advocate, Adilur Rahman Khan (in an interview again with BBC) highlighted some issues as a matter of priority for the NHCR. The alleged extra-judicial killings by the members of the law enforcement agencies topped the list.
This extra-judicial killing is against the constitutional provision of the country and obligations under international human rights treaties as well. This is not a crime against the individuals or their family only; it is also a serious and gross human rights violations. A pro-active initiative of the NHCR to knock the government to stop such practices is badly needed. Mere so-called investigation would not suffice unless it is independent, professional, accountable, and finally there is no exemplary punishment for the responsible one and compensation for victims' families finally.
Recently, I have interviewed Ms. Carolyn Abong, the Head of the Research, Policy and Legal Affairs Unit of Kenyan National Human Rights Commission. She had been a Humphrey Fellow along with me. According to her, the National Human Rights Commission establishes a legal-foundation for protection and promotion of human rights in a given country. Though the Human Rights Act in Bangladesh has certain limitations, however, there are lots to gain if it is implemented effectively. The good thing is that the Act has endorsed those as human rights which are guaranteed in Part III of the Constitution and those are also guaranteed in the international treaties ratified by Bangladesh and subsequently adopted through domestic legislation.
The NHRC in Bangladesh has jurisdiction over receiving complaints and investigations; visiting and monitoring of human rights situations in hospitals, jails, detention and correctional centres; reviewing and studying of national and international laws, and putting forward recommendations; researching human rights, and organizing related professional and institutional trainings; publishing and publicising on human rights; coordinating human rights activities by public and private organizations; organizing related conferences and symposiums, and providing legal aid.
Comparing the mandate of the NHRC in Bangladesh with that of Kenya (which is internationally considered as a model institution), I find that ours is wide and expanded. It is comparable with that of India (there is similarity as well). The NHRC in Bangladesh has the mandate even to investigate the matter of an extra-judicial killing [Section 11 (i) (a) of the Human Rights Act]. However, it might not be in a position right now to do so with regard to its logistics and technical capacities. That is why it is the responsibility of the government to ensure necessary support to the NHRC so that it could perform full-fledged. Respective donor agencies, non-governmental organizations, civil society and professional groups and media among others could joint hand and play an pro-active role so that the NHRC could work effectively in promoting and protecting human rights.
Going back to the Minnesota Department of Human Rights, it organizes an annual conference in early December to mark the adoption of the Universal Declaration of Human Rights. It showcases activities of various partnering public and private organizations alongside parallel seminars and workshops on various issues of human rights. [I have attended such a gala event this year on 4 December]. Our NHRC could also consider such events not only in the capital but also at districts levels. It could be over a period of time.
The writer is an Advocate in the Supreme Court of Bangladesh, a Hubert H. Humphrey Fellow (U.S.A., 2009-2010).
*Originally appeared in The Daily Star (Dhaka, Bangladesh), June 26, 2010; link: http://www.thedailystar.net/law/2010/06/04/index.htm.
Expectation from National Human Rights Commission
Dr. Uttam Kumar Das
OVER the last week two developments related to the National Human Rights Commission (NHRC) have been headlined in news reports. The President of the People's Republic of Bangladesh has appointed a Chairman and six members to the NHCR on 22 June. It is likely the NHRC is to get a long waited and full-fledged body. This is hopefully to contribute full functioning of the newly established apex body in charge of protection and promotion of human rights in the country.
Just a day before the appointment, the outgoing Chairman of the NHRC, Justice Amirul Kabir Chowdhury disclosed (on 21 June) that most of the complaints (total 147) the agency has received during the last one year are against the law enforcers. The veteran Judge urged for proper training on human rights for the member of the law enforcement agencies. (Source: The Daily Star, June 22, 2010). The issue needs serious attention of all concerned.
Let me start with focusing on the newly appointed Chairman and Members to the NHRC. The Chairman, Dr. Mizanur Rahman who has been a prominent Professor of Law at the University of Dhaka is a well-known personality as well in the arena of human rights education in Bangladesh and beyond. He has been a proponent of “justice for the poor” through expanding human rights education and activism in Bangladesh.
Professor Rahman has established a landmark in human rights education through organizing a two-week annual summer school under the auspices of the Empowerment through Law of the Common People (ELCOP). This has been an innovative and effective initiative to introduce human rights as an integral part of legal education in the absent of a formal opportunity to do so. The course has drawn interest from meritorious students from the SAARC region and beyond. I had the opportunity to be part of the initiative over the years [while serving with the United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM)].
During the last one year, I had been affiliated as a Hubert H. Humphrey Fellow (Fulbright Scholar) with the Human Rights Center at the University of Minnesota Law School in the United States. Among other activities, I have closely monitored the activities of an academic institute (i.e. University of Minnesota) and a state organ (Minnesota Department of Human Rights-MDHR) in promoting and protecting human rights.
The MDHR introduces it as a “…neutral state agency that investigates charges of illegal discrimination, ensures that businesses seeking state contracts are in compliance with equal opportunity requirements, and strives to eliminate discrimination by educating Minnesotans about their rights and responsibilities under the state Human Rights Act.” Its values are: quality, timeliness, efficiency service, fairness and respect. So, the implementation mechanism of human rights is through educating people about their rights and responsibilities among others.
Then, the question of human rights education comes in. In this regard, let me look into the role of the University of Minnesota. The University's Law School has an International Human Rights Law concentration among others in courses (i.e. LL.M. and J.D.). Around five clinics (out of 17) focus on human rights issues. The Human Rights Center at the Law School has been pioneering in running online Human Rights Library, programs incorporating human rights in the school curriculum, and training teachers, practitioners, and activists among others.
Apart from that, the College of Liberal Arts has a comprehensive Human Rights Program for undergraduate and graduate students. It has been directed by Professor Barbara A. Frey who has been a pioneer in human rights activism in the U.S. and beyond, and a former UN Rapporteur. [I had the opportunity to be taught a course on Human Rights Advocacy by her]. Throughout my academic and professional experience in the area of human rights, I got a simple understanding that it (human rights) is a matter of culture and practice. It starts from individual (including myself). One could orient him or herself on the concept of human rights through education and training. Then, the point of practice comes in.
It is hardly possible to protect, promote and implement human rights unless we start to practice it at our individual level. Political stunt hardly work. That is why the initiation of human rights education Bangladesh should be the priority. This is not a subject for law students only. It (human rights) has various dimensions alongside the legal one.
It should be for mass education. That means human rights should be incorporated in the curriculum starting from the primary and secondary levels. There should be opportunity for advanced studies and research on human rights. Thus, we could build up a culture of human rights in our future generations; will have professionals as well. This would contribute to establishing rule of law, accountability and strengthening the democratic processes and institutions.
However, unfortunately, the traditional donor agencies or development partners hardly pay attention to the institutional educational aspects of human rights in Bangladesh. So, far there is no single institution in the country which could claim any significant initiative or contribution in human rights education, research and practice. Forget about centre of excellence.
The Law Schools are also likely ignorant and reluctant in this regard. Without a better human rights education, we could not expect pro-human rights lawyers and judges. This is a hard reality. However, the good thing is that the newly appointed Chairman of NHRC, Professor Mizanur Rahman has been an active academic himself. He has already acknowledged (in an interview with BBC) the necessity of expanding opportunity for human rights education and training in the country. Now, how it comes to real implementation that is a point. Prominent Human Rights Advocate, Adilur Rahman Khan (in an interview again with BBC) highlighted some issues as a matter of priority for the NHCR. The alleged extra-judicial killings by the members of the law enforcement agencies topped the list.
This extra-judicial killing is against the constitutional provision of the country and obligations under international human rights treaties as well. This is not a crime against the individuals or their family only; it is also a serious and gross human rights violations. A pro-active initiative of the NHCR to knock the government to stop such practices is badly needed. Mere so-called investigation would not suffice unless it is independent, professional, accountable, and finally there is no exemplary punishment for the responsible one and compensation for victims' families finally.
Recently, I have interviewed Ms. Carolyn Abong, the Head of the Research, Policy and Legal Affairs Unit of Kenyan National Human Rights Commission. She had been a Humphrey Fellow along with me. According to her, the National Human Rights Commission establishes a legal-foundation for protection and promotion of human rights in a given country. Though the Human Rights Act in Bangladesh has certain limitations, however, there are lots to gain if it is implemented effectively. The good thing is that the Act has endorsed those as human rights which are guaranteed in Part III of the Constitution and those are also guaranteed in the international treaties ratified by Bangladesh and subsequently adopted through domestic legislation.
The NHRC in Bangladesh has jurisdiction over receiving complaints and investigations; visiting and monitoring of human rights situations in hospitals, jails, detention and correctional centres; reviewing and studying of national and international laws, and putting forward recommendations; researching human rights, and organizing related professional and institutional trainings; publishing and publicising on human rights; coordinating human rights activities by public and private organizations; organizing related conferences and symposiums, and providing legal aid.
Comparing the mandate of the NHRC in Bangladesh with that of Kenya (which is internationally considered as a model institution), I find that ours is wide and expanded. It is comparable with that of India (there is similarity as well). The NHRC in Bangladesh has the mandate even to investigate the matter of an extra-judicial killing [Section 11 (i) (a) of the Human Rights Act]. However, it might not be in a position right now to do so with regard to its logistics and technical capacities. That is why it is the responsibility of the government to ensure necessary support to the NHRC so that it could perform full-fledged. Respective donor agencies, non-governmental organizations, civil society and professional groups and media among others could joint hand and play an pro-active role so that the NHRC could work effectively in promoting and protecting human rights.
Going back to the Minnesota Department of Human Rights, it organizes an annual conference in early December to mark the adoption of the Universal Declaration of Human Rights. It showcases activities of various partnering public and private organizations alongside parallel seminars and workshops on various issues of human rights. [I have attended such a gala event this year on 4 December]. Our NHRC could also consider such events not only in the capital but also at districts levels. It could be over a period of time.
The writer is an Advocate in the Supreme Court of Bangladesh, a Hubert H. Humphrey Fellow (U.S.A., 2009-2010).
*Originally appeared in The Daily Star (Dhaka, Bangladesh), June 26, 2010; link: http://www.thedailystar.net/law/2010/06/04/index.htm.
Subscribe to:
Posts (Atom)