Skills of Judges*

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

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

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

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

Dr. Uttam Kumar Das

Dhanmondi, Dhaka

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

Law Event: Introduce ethics in legal curriculum*

Dr. Uttam Kumar Das

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

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

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

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

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

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

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

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

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

Opinion: International Migrants Day

December 18 is celebrated as the International Migrants Day. This is to mark the adoption on December 18, 1990 of the International Convention on the Protection of the Rights of All Migrants Workers and Members of their Families. The United Nations declared December 18 as the International Migrants Day through a resolution (No. 55/93) adopted on December 4, 2000.

However, the Convention came to effect on July 1, 2003 with the ratification by 20 State Parties. The number of ratifying states is now 44.

Given the context of being a migrant workers (majority are contractual labour for a specific period of time) exporting country, the Migrants Day has a great significance in Bangladesh.

Tough Bangladesh has signed the Convention back in 1998; however, it did not ratify the instrument in the last one decade. However, good news is that the present government has decided to ratify the Convention. This is a good move.

However, merely ratification will not bring any benefit unless the provisions of the Convention is adopted in the form of national legal framework and implemented effectively. There will be need for policy and administrative measures to streamline migration sector.

Though the Convention is a human rights instrument, however, it prescribes procedures for management and governance of migration and protection of rights of migrants both at the sending and receiving ends.

Despite of having a great potential and huge economic contribution, the migration sector in Bangladesh is apparently left neglected and is facing hurdle with tremendous challenges from lack of skills of would-be migrants, limitations in capacity and skills in managing migration both in public and private sectors, lack of governance, and growing trends of abuses and exploitation of migrants at home and abroad.

There is lack of political will supplemented by lack of administrative and legal measures. At the same time, the existing legal frameworks prove to be outdated to regulate and it is not taken to implement effectively.

The government should also focus all its activities to promote and expand safe-migration.

The so-called anti-human trafficking initiatives and drives, which tantamount to curtail people’s right to move, should be modified and turned to be focused on promoting safe and regular migration. That would contribute to curb trafficking.

The destination countries and development partners should also move forward in that direction.

Dr. Uttam Kumar Das
Advocate
Supreme Court of Bangladesh
Dhaka
E-mail: udas1971@gmail.com

Legal Education in Bangladesh

Legal education in Bangladesh is in a pitiful state and needs immediate and serious attention
By Dr. Uttam Kumar Das

I am concerned with the quality and standard of the legal education in Bangladesh.

The low and sub-standard legal education, which is not comparable in a global or even in a regional context, contributes to producing graduates with skills below the expectation and requirements of the day. These people are joining the legal profession, the judiciary and other services. How can we compete at a global level with such legal professionals?

This does not apply to legal education alone. The same goes for other disciplines as well, with a few exceptions. But our concentration here is on legal education.

According to renowned Indian legal academic, Professor NR Madhava Menon, law as a discipline is to play multiple tasks in a society, and lawyers are expected to act as change agents and social engineers in governance and development of a nation.

In a recent discussion, a former Judge of the High Court Division (who now heads a constitutional body), wondered about initiative from the Bar Council or the Supreme Court Bar Association which has produced lawyers like Dr. Kamal Hossain, or Barrister Amir-ul Islam, with regard to our legal education and future of the legal profession. The District Bar Associations also could be blamed for such failure.

According to him, the legal profession should not be open for all but for those who are graduating in law and have adequate legal knowledge, and are sufficiently skilled and conversant with the norms, etiquette and ethics of the profession.

Again as Professor Menon who pioneered to evolved and brought global-standard legal education through establishment of the pioneering institute National Law School of India, University in Bangalore, observes that the goal of the legal education is to provide: (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.

If we look into the existing legal education and research in Bangladesh the scenario would be frustrating.

We all are talking about bringing a culture of respect for human rights, rule of law, and democracy; however, we are not paying any attention to the basis of it - legal and human rights education.

Donor agencies, which have been partnering for or with the so-called awareness and training programmes, are not paying attention to the root of the issue - legal and human rights education. With regard to training, NGO initiatives are also not sufficient due to deficiency in their own capacity and expertise, lack of continuity, presence of corruption, and other factors.

The desired legal education, as envisioned by Professor Menon, should be of problem solving which would give opportunities to students for legal analysis and reasoning, research and writing, investigation and marshalling facts, communication, negotiating, counseling, alternative dispute resolution (ADR), and litigation. The graduates are expected to manage efficiently the legal work and will have right attitudes to the dignity of the profession of law and justice. They would nourish and fight to protect professional values and integrity, and to promote and practice fairness and freedom from bias.

How close or far away are we from those?

Recently I attended a seminar on the Alternative Dispute Resolution jointly organized by the Law Commission and the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS) in Chittagong. The issue of the pitiful condition of legal education came in the discussion.

The Chairman of the Law Commission, Justice Abdur Rashid warned all of us if we don’t pay immediate attention to standardize the legal education then we have to pay for it in future. There is no denial of this.

The existing scenario of the legal education has been documented by Professor Menon in a study almost a decade ago commissioned by a donor agency. He also come up with a comprehensive set of recommendations and plan for streamlining our legal education. However, there had been no headway so far.

Professor Menon had piloted the plan of Bar Council of India for a world-class legal education through establishment of the National Law School of India and a University in Bangalore. The same model has been replicated in other parts of India over the years; there are now more than 15 Law Universities in India. Their courses are devoted to law, justice, human rights, governance etc. Even, Kathmandu Law School in Nepal has earned fame for its quality curriculum, teaching methods, research and publications. Unfortunately, we are far behind until now.

In our country, we have four streams of legal education. There are law departments in four public universities. Around 35 private universities have law departments or schools. There are 70 law colleges under the National University all over the country. There are external programmes of few British universities as well.

The curriculum and teaching methods are mostly outdated (with exceptions of a few courses in few public/private universities). Very few institutions have schemes to engage students so that they could learn legal research, presentation, analysis, argument, and writing skills with regard to a social problem.

The law schools, both public and private, also follow a faulty selection process for teachers. There is no faculty tenure, service conditions, evaluation processes.

Professor Menon rightly observed, years of experience do not make a good law teacher, unless the experience is grounded on experimentation, endeavour, and creativity.

In the United States, law schools provide extra credits in selecting faculty members to those who have experiences in research works, publications, advocacy and doing pro bono work, and working experience for international and national legal or human rights organizations alongside the academic excellence.

Here in Bangladesh, the volume and standard of research and publication is far away from the expectation. Though some of the law schools/departments have their “journals” (not regular in publication), those follow the rule of “limiting the knowledge.”

In case of public university, “articles” from respective faculty members are only accepted (but no question about independent review and competitive selection process). Those publications are also not available for public, even with payment.

Bangladesh Bar Council, the statutory body to look after the standard of legal education and ethics in legal profession has been failing to play its due role. It has reportedly no activity with regard to research and experiment on legal education, curriculum and related professional issues and endeavours.

According to some observers, the Council has turned into a place of “clerical works” for issuing licenses to Advocates and a “political platform for a section of lawyers” to compete each other. The standard and method of examination for enrolling law graduates as Advocates has come under serious criticism. The process is also not free from the accusation of corruption.

The Council has no innovation and creativity with regard to academic and research activities for quality legal and judicial education and related matters for legal profession. It has no regular research projects and publications as well. And it should be above and beyond political divisions and wrongdoings.

The Judicial Administration Training Institute (JATI), the training center for judges has also failed to explore its full potential in terms of judicial education, training and publications.

Given my recent experience in the United States, I found that an NGO like the American Bar Association (ABA) is serious and devoted to development of the quality of legal education, research, publication and above all quality of the graduates coming out of the law schools.

There, the Bar Examination Board and respective State Supreme Courts are the authority to evaluate fresh law graduates and to issuing license as an Attorney (Advocate in Bangladesh). However, the law schools have to have accreditation from the ABA, which inspects law schools on a cyclic order. State and County Bar Associations also have lot of activities for the professional development.

Recently, I had had separate discussions with Professor Mizanur Rahman, Chairman of the National Human Rights Commission, and Professor M. Shah Alam, Member of the Law Commission. I have an active professional connection with Professor Rahman. Professor Alam had been my teacher at the University of Rajshahi (before he had moved to establish the Department of Law at the University of Chittagong).

I find the same concerns as of mine in both the Professors. They are worried with the quality of legal education and absence of initiative its improvement. Both of the seasoned legal academic expressed their anguish given no headway from the related ministry and others concerned in this regard.

They had been commissioned by a donor agency almost a decade ago for two studies on the legal education and clinical legal education in the country. Following that the Law Commission (Professor Alam was then a Member as well) has submitted a completed proposal for streamlining the legal education to the Ministry of Law, Justice and Parliamentary Affairs. However, there is no progress in this regard so far. There is no vision and direction on legal education in the newly adopted Education Policy as well.

How we would get skilled personnel to compete and negotiate in a globalized world in government’s dealings, trades and business?

I wondered, given a good number of our policy makers having background in law and being in legal profession, how come the matter has been ignored for years?

This is the high time for us to move on and take up the issue immediately. Otherwise, our dream for a pro-active and pro-people legal and judicial system would be a distant dream.

We should aim to make the “legal studies intellectually stimulating, socially relevant and professionally significant,” as Professor Menon observes.

udas1971@gmail.com

*Originally appeared in the PROBE News Magazine, Dhaka, 1-14 October, 2010; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=6407.

Professor David S. Weissbrodt talks on Human Rights Education

Professor David S. Weissbrodt (right) is with Dr. Uttam Kumar Das.

Interview:

Human Rights should be integral part of legal education

- Professor David Weissbrodt

By DR. UTTAM KUMAR DAS

It has been a blessing for me to be a student of Professor David S. Weissbrodt.

He had been my Faculty Mentor for the Hubert H. Humphrey Fellowship Program for the year 2009-2010 at the University of Minnesota Law School (UMNLS) in Minneapolis, U.S.A.

I was in the Programme from August 2009 through May 2010. Apart from that he had been the Lead Faculty for the courses on International Human Rights Law and Immigration Law which I have studied there. Also he was my Supervisor for an Independent Research Project.

This gave me a rare opportunity to listen to his scholarly lectures, interact on contemporary legal and human rights issues, and at the time of social gathering even to share our personal ideas as well. I was amazed how a scholar of highly repute like him is so simple and humble while meeting or talking to others, even to junior students.

Professor Weissbrodt has been a legend for his human rights activism, teaching, research and publications.

He is presently the Regent Professor and Fredrickson and Byron Professor of Law at the UMNLS. He was appointed in 2005 as the first Regent Professor at the UMNLS where he joined as a Faculty back in 1975. Professor Weissbrodt is also the Founder and Co-Director of the Human Rights Center at the UMNLS. He helped to establish the Human Rights Library (which is accessible in online as well).

Professor Weissbrodt attended Columbia University and London School of Economics. He earned his J.D. (Juris Doctor) from the University of California at Berkeley (Boalt Hall). After graduation, he clerked for Justice Mathew O. Tobriner of the California Supreme Court. He was also in law practice with the law firm, Covington & Burling.

Professor Weissbrodt was the U.N. Special Rapporteur on the rights of the non-citizens for 2000-2003. He also served as a member of the U.N. Sub-Commission on the Promotion and Protection of Human Rights from 1996 to 2003, and was elected the Chairperson of the Sub-Commission for 2001-2002. He was elected Chairperson of the Board of Trustees of the U.N. Trust Fund for Contemporary Forms of Slavery in 2008. He has been a Member of the Board since 2005.

He has represented and served as an Officer or Board Member for numerous human rights organizations like Amnesty International, the Advocates for Human Rights, Center for the Victims of Torture, International Human Rights Internship Programme, Readers International, and International League for Human Rights.

Professor Weissbrodt has been a visiting Faculty to a number of universities and institutes in the Europe, Asia and Australia. He had been a Public Member for 1991-1993 of the U.S. Delegation (in President Bill Clinton’s Administration) to the U.N. Commission on Human Rights. He is the lead author of the widely consulted and referred book, International Human Rights: Law, Policy and Process (LexisNexis, Fourth Edition 2009).

Following is the excerpt of an interview with this eminent and widely published Professor (which was taken on 11 March 2010 at his office at the UMNLS in Minneapolis, U.S.A.):

What did prompt you to take Human Rights as an area of work?
Professor David S. Weissbrodt (DSW): My father was involved in activities promoting rights of American Indians. That prompted me to work in the area of human rights.

After graduating I had the opportunity to attend a summer programme on human rights at the University of California at Berkeley (UCLB). I also did a clerkship with Justice Mathew O. Tobriner of the Supreme Court of California for two years. (Clerkship involves working for a judge for legal research and drafting judgments among others; it is a paid job for law graduates in the U.S.A.). Then, the UCLB offered a fellowship and placed me at the International Commission of Jurists in Geneva. I was assigned to research events in the then East Pakistan following the movement for the liberation. After a year I returned back to the United States.
That was the early days of the human rights movement in the U.S. I worked for a law firm for three years. At the same time I helped to establish chapters of the Amnesty International in Washington D.C. and Minneapolis.

How did you come to Human Rights Education?
DSW: I joined UMNLS in 1975 and subsequently introduced Human Rights Law in the curriculum and I started to teach. At the same time I was doing other work; some other colleagues and friends also joined me in this work. We introduced the International Human Rights Internship Programme. Along with Attorney Sam Heins we established the Minnesota Lawyers International Committee for Human Rights in Minneapolis, which is now called the Advocates for Human Rights, an international human rights organization known for its own work. We also established the Center for the Victims of Torture (CVT) in Minneapolis.
In 1988, we established the Human Rights Center at the UMNLS. The Center is now renowned for its education, training, advocacy, research and publications on human rights issues. It hosts s a group of Hubert H. Humphrey Fellows working on legal and human rights issues. This Humphrey Law programme is sponsored by the U.S. Department of State. The Center also runs a Human Rights Education Programme and the Midwest Human Rights Fellowship Programme among other activities. The Center has become a platform for human rights academics, researchers, practitioners, and activists.

What is the need of Human Rights Education?
DSW: Study of Human Rights should be an integral component of a full-fledged legal education. It also makes a valuable contribution to a variety of disciplines like sociology, anthropology, gender studies, political science, and medical fields – among others.
Knowledge of Human Rights principles, norms and institutions is an indispensable aspect of understanding the inter-relationship between states, as well as between states and those persons within their territories and under their control. The subject of Human Rights deals with many concerns that also are the focus of national civil rights laws. Especially, law students and lawyers who expect to practice civil liberties and civil rights law should study Human Rights.

How does a Human Rights Lawyer contribute?
DSW: A human rights lawyer could play a great role in society. Human rights lawyers could work as a catalyst for promoting and protecting human rights. They could work in drafting laws incorporating human rights principles and implementing them. Also, they could contribute to professional education and training on human rights.
A human rights lawyer, if qualified and capable, could also work beyond his or her national boundaries – at regional and international levels.

How do you evaluate the role of the UN with regard to human rights?
DSW: The UN has been most successful in establishing human rights standards. It drafts standards for promotion and protection of human rights; some of them have become treaties.

Any weakness in UN’s role?
DSW: The UN has been less successful in developing implementation mechanism. It is in some ways counter-intuitive that governments would develop forceful implementation measures vis-à-vis their own compliance with human rights standards.
Sometimes the agency misses its target as the member states have their political, economic and regional allies, friends and interests.
However, we all have to work to make the world body a success one. We also need to be patient.

What about human rights situation in the U.S.A.?
DSW: The United States has taken a leading role in promoting and protecting human rights globally. In this regard, names of Franklin Roosevelt and Eleanor Roosevelt should be mentioned.

What about the Bush (Junior) era?
DSW: That era was not consistent with the human rights tradition of the United States. There had been arbitrary detention, torture, extra-ordinary rendition etc.
However, it is understandable that the Bush Administration was responding to the terrorist attack on the United States. But the activities of the Bush era have diminished credibility of human rights work as a whole.

What is the impact of that mistreatment?
DSW: No government is perfect. Those violations of human rights in the U.S. will definitely have negative impact on the other parts of the world. However, we have to join hands to overcome the violations in the U.S. and elsewhere.
As a scholar and activist I have been critical of the human rights treatment during the Bush era.

What about the performance of the Barack Obama Administration with regard to human rights?
DSW: This administration is taking some steps to overcome wrongs of the previous era. Some good people are being appointed in the office.

The interviewer is an Advocate (Attorney) at the Supreme Court of Bangladesh and specializes in International Human Rights Law. He is also the Deputy Director at the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS), Dhaka. E-mail: udas1971@gmail.com.

Law University in the offing*

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

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.

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.

The seamy underbelly of migration

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).

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.

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

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.