Human Rights Education in Bangladesh*

Seminar on Human Rights Education (19 May 2012)

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

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

-          Former United Nations Secretary General Kofi Annan[1]

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

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

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

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

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

There are various dimensions of human rights education:

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

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

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

Situation of Human Rights Education in Bangladesh:

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

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

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

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

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

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

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

  

 Law School and Human Rights Education: 

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

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

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

What our Law Schools are doing?  

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

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

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

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

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

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

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

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

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

Prospects of Human Rights Education:      

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

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

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

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

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

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

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

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

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

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

What Law Schools can do?

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

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

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

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

Way Forward:

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

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

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

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

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

However, I would like to humbly propose the followings:

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

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

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

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

***

References:

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

[2] Ibid.

[3] Ibid.

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

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

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

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

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

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

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

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