Seminar on Human Rights Education (19 May 2012)
Human
Rights Education in Bangladesh*
By Dr. Uttam Kumar Das**
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:
- Strengthening respect for human rights and fundamental freedoms;
- Fully developing the human personality and its sense of dignity;
- Promoting understanding, tolerance, gender equality and friendship among all nations, indigenous peoples and racial, national, ethnic, religious and linguistic groups;
- Enabling everyone to participate effectively in a free society;
- 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 122nd Commencement
Ceremony (15 May 2010) that: “We want students to come to the Law Schools not
to learn how to memorize Statues and Rules, rather, we want them to come here
to learn the skill and techniques how to find a statute and rule, how to read
it out, how to interpret and analyze the same in a given legal problem in
hand.”[5]
According to veteran
Indian legal academic, Professor N. R. Madhava Menon, who pioneered through
establishment of National Law School India University in Bangalore, the
objective of legal education is to produce: (i) sufficient competent lawyers, prosecutors, and
judges to administer the judiciary; (ii) well-trained law personnel for providing legal services to the
government departments and corporate institutions; (iii) legal researchers and
academics for legal education, legal reform, good governance; and (iv)
disseminate legal knowledge and culture conducive to the Constitution, rule of
law, good governance, human rights, and democracy.
However, what is going
on here in Bangladesh.
I can summarize that in one sentence, however, quoting Professor Mizanur
Rahman, Chairman of the National Human Rights Commission, who told me in an
interview published in The Daily Star: “a disastrous situation is going on.”[6]
And who is responsible
for that; we all: the government, policy makers, Bar Council, legal academics,
legal practitioners, students, and guardians.
And at the latest the
“University Owners”- which is to mean some private universities which believe
in quantity of students/graduates, hardly on their quality. The same also goes
for private law colleges with all the “part-timer-” students and teachers.
After 41 years of
independence, we do not have any Policy on Legal Education (nor have Policy on
Human Rights Education). The donor agencies or development partners hardly pay
attention to the issues. Then, one can ask- how a pro-justice legal and justice
system is possible without a sound legal education? How will we get a quality
lawyer or judge without a quality in the legal education?
By quality, I do mean the
development of human quality of an individual along with enhancement of
thinking capacity, analytical, writing and presentation skills with devotion
for professional ethics and integrity and intend to do good for others.
But who will take the
courage to make things happen? When will we have a Professor N. R. Madhava
Menon here?
Prospects
of Human Rights Education:
There are prospects for
every branches of knowledge, if it is learnt properly, knowledge and skills of
the individual is enhanced.
However, since our
today’s topic is human rights education (and majority of our audience are young
law students), therefore, I shall try to reflect on the particular aspect only.
Given the emergence of globalization,
all most all professions turn to a global one. However, there are exceptions
and discriminations, dominations and monopoly by developed countries over the
prospects and benefits of the globalization as well. For example, there is free
flow of capital, however, no freedom for human mobility.
Developed countries are
putting various restrictions on people’s movement from the south to the north.
There are politics over the issue of “human trafficking” and “smuggling.”
However, I shall not move to that issue today.
Coming back to the
human rights education, there are prospects for the graduates. Even I can say
sky is the limit. They can become independent practitioner (alongside legal
practice) or researcher; there are jobs in the government, UN agencies,
national and international organizations. However, for that goal, one requires to earn
maximum quality.
I have overhead to
discussions at Law Schools in the U.S.A. and even in India- what
will one do after graduation. Those students do consider capitals of other
continents as a potential hub for their future jobs.
At the same time, there
are debates and arguments on needs to study human rights. During my Humphrey
Fellowship year, I had a co-Fellow from China who is a Professor of Law. He
had repeatedly asked me why I was spending a year studying Human Rights Law. In
his context, he might be right. Renowned legal scholar Upendra Baxi even published
a book titled Future of Human Rights[7]getting
critical of the present notion of and politics over human rights concept.
However, if someone has
a conviction to do something for fellow human beings, then, studying and
practicing human rights could be a right one.
But kindly note one
thing: only studying and getting a certificate in Human Rights by someone will
not bring any change to anyone (it may be a fortune for the individual
concerned or his/her family though), if
someone does not believe in the spirit of human rights and does not practice in
private and professional spheres.
Even one can start from
a very humble and small scale. As Former Indian President Dr. A. P. J Abdul
Kalam has rightly said: “It is up to you, how you could be remembered.” He
observed that even a small piece of note by someone can contribute to a major
change.[8]
What
Law Schools can do?
There are law departments
in six public universities and nearly 40 private universities in Bangladesh.
They can initiate study and research of human rights education to generate
future academics, researchers, practitioners and policy makers.
However, it will not
bring any change if the curriculum and teaching of Human Rights Law are also remained
in line with the present legal education.
Law Departments/Schools
need to appreciate and introduce practical and innovative approaches of
teachings, expanding opportunities for enhancing students’ analytical, writing
and presentation skills. Clinical approaches should be considered given our own
contexts.
Other faculties and
departments should also come forward in offering human rights education, For
example, the University
of Calcutta runs two
programmes on Human Rights- Master of Arts and Master of Science.
Way
Forward:
The Constitution of the
country has incorporated and guaranteed for some major human rights. Bangladesh is a
party to all major international human rights instruments. It is a member of
the UN Human Rights Council.
We have a newly
established National Human Rights Commission headed by an academically sound
and pro-human rights Chairman.
At the same time we
have concerns for growing incidents and reports of human rights violations.
Given this scenario, we
have no other option but to promote awareness and education on human rights.
And that can be done
both in academic and non-academic lines at the same time.
However, I would like
to humbly propose the followings:
- Adopt a National Policy on Human Rights Education. It will reflect on the objective, purposes and contents of the various levels of human rights education and trainings in line with the spirit and obligation of the Constitution and international treaty obligation. The National Human Rights Commission could lead the process.
- Introduce human rights issues in the curriculum of primary to secondary levels. (I am aware that the NHRC Chairman has taken certain steps in this regard).
- Introduction of Human Rights as an independent subject at graduate levels.
- Introduce new departments of Human Rights under the Faculties of Social Sciences.
- Introduction of Human Rights Law Programme, Clinics etc under the Faculty of Law.
My paper and
recommendations necessarily do not come out as an exhausted one in this regard.
Rather, it aims to generate discussions and debates on the issues. Thus, we can
find a right approach for our case.
*
Prepared as the key note paper for the seminar on “Human Rights Education in Bangladesh,” held in Dhaka on 19
May 2012 and organized by the
Faculty of Law, Dhaka
International University
(DIU). It is not a complete paper;
however, the author aims to undertake empirical research in this regard and develop
the paper into a complete one.
**Uttam Kumar Das, a Human Rights Lawyer
and Practitioner, is currently affiliated with the Faculty of Law, Dhaka
International University as an Associate Professor and Dean (Acting), and also
as the Deputy Director with the South Asian Institute of Advanced Legal and
Human Rights Studies. He worked with the United Nations High Commissioner for
Refugees (UNHCR) and International Organization for Migration (IOM) as a Legal Expert for nearly six years. He is
a Fulbright- Hubert H. Humphrey Fellow (U.S.A.) and holds a Master of Laws
(LL.M.) with concentration in Human Rights Law from the University of Minnesota
Law School, U.S.A. and Doctor of Philosophy from the Institute of Bangladesh
Studies, University of Rajshahi, Bangladesh. E-mail: ukdas1971@gmail.com
***
References:
[1]
Indian Institute
of Human Rights Website;
link: http://www.rightsedu.net/about_us.htm;
last visited on 17 May 2012.
[2]
Ibid.
[3]
Ibid.
[4] National Human
Rights Commission, Perception, Attitudes
and Understanding- A Baseline Survey on Human Rights in Bangladesh, December
2011, p. 10.
[5]
The author of this paper has been graduated through the same Commencement
Ceremony.
[6]
For a detailed understanding, kindly read “Legal education
must be brought out of the four walls,” Interview of Professor Mizanur Rahman
with the author, “Law & Our Rights,” The Daily Star, 16 October 2010. Link:
http://www.thedailystar.net/law/2010/10/03/interview.htm;
visited on 16 May 2010.
Law Interview: "Human
Rights should be integral part of legal education"- Professor David
Weissbrodt (The Daily Star, “Law & Our Rights” Section, 25 September 2010): http://www.thedailystar.net/law/2010/09/03/interview.htm.
Uttam
Kumar Das, “Legal Education in Bangladesh,”
PROBE News Magazine, Dhaka, link: http://www.probenewsmagazine.com/index.php?index=2&contentId=6407;
last visited on 16 May 2012.
Ridwanul
Hoque, “Teaching Law for Development? Legal
education: Needs major overhaul,” “Law & Our Rights”, The Daily Star, 05
May 2012, link: http://www.thedailystar.net/law/2012/05/01/index.htm;
last visited on 16 May 2012.
[7]
Upendra Baxi, Future of Human Rights,
Oxford University Press, 2008
[8]
A. P. J. Abdul Kalam, Swapno Niya, Daily
Prothom Alo, Dhaka, 16 May 2012.
