Human Rights Education in Bangladesh*

Seminar on Human Rights Education (19 May 2012)

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

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

-          Former United Nations Secretary General Kofi Annan[1]

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

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

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

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

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

There are various dimensions of human rights education:

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

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

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

Situation of Human Rights Education in Bangladesh:

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

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

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

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

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

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

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

  

 Law School and Human Rights Education: 

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

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

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

What our Law Schools are doing?  

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

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

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

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

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

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

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

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

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

Prospects of Human Rights Education:      

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

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

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

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

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

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

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

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

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

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

What Law Schools can do?

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

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

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

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

Way Forward:

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

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

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

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

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

However, I would like to humbly propose the followings:

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

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

---

* 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.

Studying Law*

By Dr. Uttam Kumar Das

I use to ask students frequently, while meting them in a class or in other forums, why are they studying law.
I got various answers with justifications. Some common reflections are: don’t know, parents or guardians pushed, persuaded or forced them, did not get chance to other choices- medical or engineering, have motivations to do something for the people and society- protecting human rights, bringing justice etc. Some have honest confession as well- to be influential in the community or locality, earn money, to be engaged in politics etc.
Some students also found to be more pro-active. They are passionate for or towards the cause of the disadvantaged. To quote a Law Student from the Southeast University: “…Success does not come truly only by name and fame if deprived people do not get benefited by me or by my works. So this is the primary concern of mine to be a lawyer….”
Some are very much prone to human rights cause: “…protection of human right in our country, we need to work together and in the same time we need mental change….” That’s why studying law.
All I found as encouraging and motivating ones, which also reflect my cause behind studying law as well.
Now let us look into what is the purpose of Legal Education in a given country.
According to renowned Indian Legal Academic and founder of the National Law School India University in Bangalore, Professor Dr. N. R. Madhava Menon, the objective of a Law School visa a versa 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, all the objectives depend on what type of legal education one institute is offering and how the graduates are getting knowledgeable, trained and skilled.
Given the context of Bangladesh, we see the future work or career options for a law graduate are mainly: to join the judiciary through competitive examination conducted by Bangladesh Judicial Service Commission , join legal practice (after getting license from Bangladesh Bar Council), join legal aid or human rights organizations or work for other public, private, national or multinational organizations. The judges from the trial courts, and practicing lawyers with designated experiences could be appointed as judges at the High Court Division as well.
However, where one would be able to join in the career option is influenced or decided by individual quality and skill, family and other demand and support, individual motivations and priorities etc.
Quality of the graduates also determined by the quality of education one is getting out of his her institution, self-motivation, individuals initiatives and networks.
Being a graduate of a Law School in the North America (University of Minnesota), I found how innovative and practical legal education could be. Those are supplemented and complemented by initiatives and devotions of individual course teachers and mentors.
Those institutions focus to enhance the analytical, writing and presentation skills of students given a legal problem and context.
One the contrary, legal academics here in Bangladesh, are forcing students to memorize sections of statutes and reproducing those in the answer scripts during the examinations. That why after graduation with a “good grade/class,” they don’t know how to draft a memo, brief or a research paper.
This is contributed by so many reasons and factors including lack of institutional initiative to provide “quality legal education,” lack of creative ideas and thinking by respective faculty members, absence of effective monitoring role by Bangladesh Bar Council over legal education, politicization of bar associations and legal professions among others.
Here, Bar Associations are busy with party politics rather than to do anything for the improvement of the legal profession and practices.
I do know how helpless, the newly enrolled Advocates are. I do not have any information on initiative by any Bar Association for any professional training for lawyers which could promote professional quality, skills, ethics and motivations for ensuring people’s access to justice.
The Law Schools (here we say Departments) are also not perfect with regard to their due role. I could share on information here: The Ford Foundation had taken initiative to fund three Law Departments at public universities in mid-1990s for introducing Clinical Legal Education (CLE). Those projects had to be discontinued allegedly for misappropriation of the allotted fund.
However, I have an opportunity to observe an opposite scenario as well. At the same time, The Ford Foundation had funded the University of Minnesota Law School in Minneapolis, U.S.A. to establish a Human Rights Center and Library. I was hosted by the Center for a year as a Hubert H. Humphrey Fellow and saw how they are working for human rights education, training and research globally. The Library (both archival and online) provides bunches of materials and resources in eight languages (link: http://www1.umn.edu/humanrts/center/hronline.html).
So, who is to blame for that?
Also, we have a notion that only Moot Court could meet the need of the CLE. That is not at all true. Moot Court is one of so many practices; others are incorporation of practical aspects in the curriculum (case law-based readings), law clinics, seminars and writing courses etc.
Therefore, we have lot to do to bring a change in our legal study. Both public and private sectors need to come forward.
It is evident that the fresh graduates find it difficult to join legal profession initially for reasons which included lack of support (I mean monetary support from the seniors/employee who claim that the apprentice has no required legal knowledge and skills), economic hardship, immediate demand to support from the family and other concerns.
Here is a role to play by the government which could support paid-Internship for law graduates varied from six months to one year. They would be posted at courts, attorney general office, and other government offices to support legal works. The Bar Council also explores ideas in this regard.
In the U.S. Judicial system, there is a system of paid-Judicial Clerkship for fresh law graduates (under which graduates work with judges in the county, state or federal level courts). They have to assist in research and drafting and take part in other activities as demanded).

The writer is the Deputy Director at the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS). He formerly worked with UNHCR and IOM. However, opinions expressed are author’s own. E-mail: uttam@sails-law.org

*A slightly edited version of this article has been published in The Daily Star, Dhaka, “Law & Our Rights” Section, 12 November 2011; link: http://www.thedailystar.net/law/ 2011/ 11/02/ human.htm.
The ‘Pyramid of Learning’ used with the article had been photographed by me at the Human Rights Summer School organized by ELCOP (in December 2010). This has not been mentioned accordingly in the printed version. The author sincerely apologizes for that.

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

Dr. Uttam Das working for reform of legal education

Dr. Uttam Kumar Das, a Human Rights Lawyer in Bangladesh has been working for reform of legal education.

He was a Hubert H. Humphrey Fellow in the year 2009-2010 and was affiliated with the University of Minnesota Law School and Human Rights Center in Minneapolis, U.S.A.

His focus was on "Laws and Policies Related to Labor Trafficking in the United States of America." As part of the Fellowship, Dr. Das volunteered for the Refugee and Immigrant Program at the Advocates for Human Rights, an international human rights organization in Minneapolis.

Dr. Das is admitted as an Advocate (Attorney) in the Supreme Court of Bangladesh and is providing pro bono legal advice to promote rights of migrants, refugees and victims of human trafficking. He also lectures regularly on human rights issues at law schools in Dhaka.

He has organized two regional seminars in Dhaka on “Ethics in Legal Profession" and "Legal Education in South Asia," respectively on January 15 and January 16, 2011 under the banner of the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS). Dr. Das is now working as the Deputy Director at SAILS.

The seminars brought together the Law Minister, Chairpersons of National Human Rights Commission and Law Commission of Bangladesh, policy makers from Bar Council and renowned jurists and legal academics among others from Bangladesh, India, Nepal and Sri Lanka.

Major newspapers in Bangladesh gave significant coverage of the programs; link of a relevant report: http://www.thedailystar.net/law/2011/01/04/event.htm

"The aged-old legal education in Bangladesh needs drastic reform and standardization to meet the need of the time," says Dr. Das.

According to him, "legal education should be human-centric and practical which could be able to contribute to pro-people justice system." He is also advocating for incorporating human rights issues in legal curriculum, and contributing to national newspapers on the issue.

He has been liaising with the legal academics, law schools, Bar Council, Law Commission and National Human Rights Commission for the reform.

Dr. Das is a visiting faculty to the Kathmandu School of Law in Nepal. He runs a blog as well; link: http://udas1971.blogspot.com.

He has been invited to present key note papers at symposiums in the capital recently organized by the largest NGO, BRAC and migrant rights organization, WARBE Development Foundation.

Dr. Das was part of a three-member technical team commissioned by the International Organization for Migration (IOM) in 2010 to draft a comprehensive law on human trafficking. The draft law is now under the review of the relevant ministries. The Government of Bangladesh is likely to adopt the law soon as an Act endorsed by the National Parliament.

He formally worked with the United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM).

Dr. Das got his Doctor of Philosophy from the Institute of Bangladesh Studies (IBS) at the University of Rajshahi in Bangladesh. He is now scheduled to get his second LL.M. (Master of Law) with concentration in International Human Rights Law from the University of Minnesota Law School.

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

Whither Legal Education in Bangladesh*

Dr. Uttam Kumar Das

Like many others, I am concerned with the standard of the legal education in Bangladesh. The low standard of this education is contributing to having graduates with skills below the expected and desired standard. The legal profession, judiciary and other services suffer when such people join the profession.

Then how can we compete in the global context?

However, this is not the reality for legal education only. The same also goes for other disciplines as well (with few exceptions). But our concentration here is on legal education.

According to renowned Indian legal academic, Professor N. R. 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 the nation.

In a recent discussion, a former Judge of the High Court Division, wondered about the initiative from the Bar Council or the Bar Association which has produced lawyers like Dr. Kamal Hossain, Barrister Amir-ul Islam …with regard to our legal education and future of the legal profession. According to him, the legal profession should not be open for all but for those law graduates who have adequate legal knowledge, have sufficient skills and are conversant with the norms and ethics of the profession.

Again, Professor Menon who pioneered the global-standard legal education through establishing National Law School of India University in Bangalore, observes that the goal of the legal education is to provide: (i) 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.

Therefore, what is the existing status of legal education here?

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

The donor agencies, which have been partnering for awareness and training programmes are not paying attention to the root of the issue- the 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 and corruption.

The desired legal education, as visioned by Professor Menon, should be 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 the 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 was attending a seminar on the Alternative Dispute Resolution jointly organised by the Law Commission and the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS) in Chittagong. The issue of the condition of legal education came up in the discussion. The Chairman of the Law Commission, Justice Abdur Rashid warned all of us that if we did not pay immediate attention then we shall have to pay heavily in future.

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 is no headway since then.

Professor Menon piloted the plan of Indian Bar Council for a world-class legal education through establishment of the National Law School of India University in Bangalore. The same model has been replicated all over India over the years; there are now more than 15 Law Universities in India. Even, Kathmandu Law School in Nepal has earned fame for its quality curriculum, teaching methods, research and publications. Unfortunately, we are far behind still 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 a few British universities as well.

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

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

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 pro bono works, and working experience for international and national legal or human rights organisations alongside the academic excellence.

Here in Bangladesh, though the law schools/departments have their “journals” (not regular in publication), those follow the rule of “limiting the knowledge.” In case of public university, only the respective faculty members could contribute articles (but no question about independent review and competitive selection process). Those publications are also not available for public, even with payment. (At least I have that experience on a couple of occasions).

Bangladesh Bar Council, the statutory body to look after the standard of legal education and ethics in legal profession has also 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. According to some observers, the Council has turned into a place of “clerical activity” for issuing licenses to advocates and a “political platform for a section of lawyers” to compete with each other. But it should be above and beyond political divisions. The agency has no innovation and creativity with regard to academic and research activities for quality legal education and related matters for legal profession. It has no regular research projects and publications as well.

Given my recent experience in the United States, I found out how an NGO like the American Bar Association (ABA) is serious with regard to development of the quality of legal education, research, publication and above all quality of the graduates coming out of law schools. There, the Bar Examination Board and respective State Supreme Courts are the authority to take examinations for fresh law graduates and to issuing license as an Attorney (Advocate in Bangladesh). However, the law schools have to have accreditation from the ABA who 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 a discussion with M. Professor Shah Alam, Member of the Law Commission. He 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 Professor Alam. He is also worried about the quality of legal education and absence of initiative for improvement. This seasoned legal academic expressed his anguish regarding no help from the related ministry and others concerned in this regard.

I came to know from Professor Alam that he and Professor Mizanur Rahman (presently the Chairman of National Human Rights Commission) was commissioned by the World Bank almost a decade ago for conducting two studies on the legal education and clinical legal education in the country. Following that the Law Commission (Professor Alam was a Member earlier 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.

Then, how we would get skilled personnel to compete and negotiate in a globalised world in government dealings, trades and business.

I wonder, given a good number of our policy makers having background in law and being in legal profession, how come the matter is getting ignored for years. This is 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 remain a distant dream. We should aim to make the “legal studies intellectually stimulating, socially relevant and professionally significant,” as Professor Menon observes.

Writer is an Advocate (Attorney) in the Supreme Court of Bangladesh. He is also a researcher and analyst on legal and human rights issues.

* Originally appeared in the Daily Sun, Dhaka, 14 December 2010; link: http://www.daily-sun.com/index.php?view=details&type=daily_sun_news&pub_no=67&cat_id=&menu_ id=17&news_ type_id=1&index=0&archiev=yes&arch_date=14-12-2010

Law Letter: On legal education and research*

Legal education in Bangladesh has been facing a pity condition. Though we are producing a huge number of law graduates every year, however, majority of them are having under-qualified or non-qualified in terms of their legal knowledge, research, analytical, and presentation skills and competitiveness in a globalized legal profession.

The frustrating situation has been [is] better described as a “disastrous situation” by none other than the Chairman of the National Human Rights Commission and a renowned Law Professor Dr. Mizanur Rahman in a recent interview with me.

This downwards trend in legal education have been contributed by the obsolete and archical curriculum, traditional teaching and examination methods, lack of practical and clinical aspects in the curriculum, huge gap in relations between teachers and students, teachers' engagement in out-side activities (other than own institutions), lack of interest, motivation, opportunity and skills for research and publications.

The scenario of legal research is at pity stage as well. A handful of law schools at public and private universities offer courses on legal research and writing. However, those also lack of standard and quality due to lack of resources (i.e., library materials, Internet faculties etc), skills and expertise of the respective faculty members. The private law colleges which are producing the majority of law graduates don't offer similar courses. That is why a great number of lawyers (and future judges) are coming from there with out skills in legal research and writing. These skills are taught at law schools even in countries like India and Nepal as well.

Our faculty members are coming back with education and degrees in the developed countries, however, they are not taking any initiative to introduce best practices out of their knowledge and learning.

The journals published by law schools at public universities (not regular in publication) do follow a principle of “limiting knowledge.” For example, the Journal of the Faculty of Law at the University of Dhaka accepts articles only from their respective faculty members. This is also true for other public universities which hardly happens in the universities in other countries.

When a journal is supposed to explore and disseminate new knowledge on a given subject, how come it will probe its standard while there is no competitiveness in selecting and reviewing articles independently. Who will give a guaranty that only teachers could write “best articles”? This so-called journals are also not publicly available as I experienced.

Given my recent affiliation for a year [as] a Hubert H. Humphrey Fellow at the University of Minnesota Law School and Human Rights Center in Minneapolis, U.S.A., I found that three of their journals are being edited and published by only students (appointed by the schools on a rotation basis) alongside two others by faculty members, and two more by jointly by faculties and students. Those are coming out on a scheduled dates over the years incorporating articles selected on its originality, analysis, quality and contribution. They hardly bother about whether the author is a teacher or students, or a practicing lawyer. The same I found at the West Bengal National University of Juridical Sciences in Kolkata, India.

Here, our professional, research and training institutions are also lacking in terms of quality research and publications. The Bangladesh Bar Council and Law Commission neither have research and publication projects nor journals. The Bangladesh Institute of Law and International Affairs (BILIA) had its last issue of the biannual publication, Bangladesh Journal of Law in 2007. Though the Judicial Administration and Training Institute (JATI) has its own journal however, its lacks professionalism and quality in publishing a research journal.

Dr. Uttam Kumar Das
LL.M. (Minn., U.S.A.), Ph.D.
Advocate, Supreme Court of Bangladesh

*Originally appeared in The Daily Star, "Law & Our Rights" Section, 12 November 2010; link: http://www.thedailystar.net/law/2010/11/02/letter.htm

Opinion: Whether legal education in Bangladesh

By Dr. Uttam Kumar Das

All sensible among us are to be concerned with the existing legal education in Bangladesh. Unfortunately our policy makers have no headway on this.

Given the existing curriculum, lack of practical aspects in the education, traditional teaching methodology, absence of social exposure in the course works, lack of training, motivation and incentives for faculties, lack of research and publication facilities both for faculties and students our law schools are lagging behind in producing quality law graduates with enough legal knowledge and related skills. We are also lagging behind in the regional and global context.

We are hardly confident of our law graduates whether they are skilled and competent enough to compete for jobs in legal practice, international or UN agencies and other new avenues in the globalized world.

There is no plan how many law graduates do we need to produce a year. Also, there is no screening mechanism for potential students to entering into private law schools or colleges. At the same time, any law graduates could get a license as an Advocate (Attorney) from the Bar Council through passing a so-called examination (having written and viva voce components). However, there is no effective mechanism to examine whether someone really has enough legal knowledge and professional skills, or have knowledge on professional ethics and atticate.

No one other than Professor Dr. Mizanur Rahman, who is a renowned Law Professor at the University of Dhaka and currently the Chairman of the National Human Rights Council (NHRC), described the situation of legal education in Bangladesh as a “disoriented one.” He told me in a recent interview: “There is no concrete perspective for the sector. There is no coordination of activities who is doing what and why with regard to the legal and judicial education and training in the country.” The Government can also don’t rid of its responsibilities.

According to Professor N. R. Madhava Menon, the legendary legal academic who had pioneered through establishing the National University of India University in Bangalore, the legal education aims 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.

India has now around 20 full-fledged Law University including one in Kolkata (i.e., West Bengal National University of Juridical Sciences) modeled on the National Law University of India University in Bangalore. Even Katmandu School of Law in Nepal evolved on the same model could be a model for Bangladesh.

Quality legal education has a direct contribution to the quality of lawyers and legal profession; the same is also link to quality of judges, legal and judicial activism, rule of law, democracy and promotion and protection of human rights.

Now, let us look at what our law departments, schools or colleges are doing. The agencies like the University Grants Commission (UGC), Bangladesh Bar Council, or the Law Commission who are legally obligated and empowered to review, monitor and recommend measures for quality legal education and legal professions have been failing miserably. The Supreme Court Bar Association, and Districts Bar Associations are also indifferent in acting for in promoting quality legal education and training.

In Bangladesh, there are various schemes of legal education: there are four year LL.B. (Honours) programme at law schools or departments of public and private universities, and two year LL.B. programme at the private law colleges affiliated with the National University. There are one year LL.M. program both at public universities; and both one and two year LL.M. programme at private universities.

Apart from that there is another stream of legal education, which are external programmes of some British Universities. This is “discriminatory to the common people being very expensive”. This course is not approved by the University Grants Commission as well.

There is a huge gap of the legal knowledge and skills what students are learning in different course (i.e., at public and private universities, and from private law colleges).

The curriculum at both public and private law school/departments/colleges are obsolete and archaical.

No one can say when the curriculum of the LL.B. programme now under the National University was prepared or modified, as Dr. Mizanur Rahman mentioned to me. According to him, the private law colleges, now home for part-time students and teachers, alike private universities turned into business centers in producing so-called law graduates. These colleges are producing more graduates.

The law programmes both at the public and private universities have problems with regard to timeliness of the curriculum, application of course, teaching methodology, examination system, skills and expertise of the respective faculty members, research and publications and other resources available for a standard academic atmosphere, this seasoned legal academic observed.

This poor legal education has serious negative impact on our legal and judicial system. As seen by Dr. Rahman: “Though we are getting a huge number of law graduates and lawyers enrolled each year, however, a handful of them are qualified in terms of proper legal knowledge and skills. That is why we are getting a huge number of under-qualified lawyers in the bars. The same is also happening to the bench.” He went further to say: “Thus, we are getting bad justice system and judgments from them.” However, there are few activist lawyers and judges. Its true again that few activist lawyers or judges change the whole system.

Since we are not having a people-friendly vision in the existing legal education that is why the common people are obscure in the legal and judicial system, as commented by Dr. Rahman. He opined: “Without a sound legal education we can’t expect a sound legal or judicial system as well. We have to come out of the mindset of the colonial judicial system as early as possible.

There is “blame game” also. Bangladesh Bar Council has been accusing (private) law schools of producing “non-qualified” graduates and “selling certificates,” as I have noticed from the speech of the Vice-Chairman of the Council, Advocate Abdul Baset Mazumder in a seminar in Dhaka on 25 October, 2010. The allegations might have some grounds, however, one can easily ask the Council what the they are then doing, and why they are not standardizing the enrollment examination-system which could contribute positively in legal education.

One thing I need to mention here also. The development partners and donor agencies have so much interest in promoting access to justice and human rights. Unfortunately, I did not see any tangible initiative from them to make partnership in promoting quality legal or human rights education and research here which are keys to what they wanted for.

Our concerned Ministries and other institutions have failed miserably in this regard. Therefore, we need to establish a standard setting legal education institution in the country (what was initiated by the Bar Council of India in case of the National University of India University in Bangalore, and Kathmandu School of Law did in its 10 years life span).

As prescribed by Dr. Menon, the legal education 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 for to protect the professional values and integrity, and to promote and practice fairness and freedom from bias.

According to this renowned Law Professor, 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.

So, therefore, when will our legal education in Bangladesh move in that direction only time can say.#

Uttam Kumar Das, Ph.D., is a Human Rights Lawyer. He is the Deputy Director at the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS) in Dhaka. However, opinion is author’s own. E-mail: udas1971@gmail.com.

State of legal research

Uttam Kumar Das

Legal education in Bangladesh has been experiencing a downslide despite the emerging global need for qualified lawyers. We also need lawyers with competitive legal knowledge and skills for our own legal and judicial system.

Lawyers’ professional scope now extends beyond a specific legal or national jurisdiction given the emerging work opportunities for transnational activities of legal professionals and practitioners in the area of business, trade, finance, transaction, arbitration, negotiation, intellectual property, human rights works, and jobs with international, inter-governmental and United Nations organizations.

Though we have been producing a huge number of law graduates every year, majority of them are under-qualified or non-qualified in terms of legal knowledge and skills in research, analysis, languages, and presentations and are falling behind in the global completion. Even we are far below our counterparts from India or Nepal.

The frustrating trend is better described as a “disastrous situation” by none other than the Chairman of the National Human Rights Com-mission and a renowned Law Professor Dr. Mizanur Rah-man in a recent interview with me.

This downward trend in legal education has been contributed by the obsolete and archival curriculum, traditional teaching and examination methods, lack of practical and clinical aspects in the curriculum, huge gap in relations between teachers and students, teachers’ engagement in outside activities, lack of interest, motivation, opportunity and skills for research and publications.

There is no standard-set -ting institution so far in this regard. Also, there is lack of public and private initiatives so far.

The scenario of legal research is also in a pitiable state. A handful of law schools at public and private universities offer courses on legal research and writing, and on clinical legal education. But these also lack standard and quality due to lack of resources (i.e., library materials, logistical and Internet facilities among others), skills and expertise of the respective faculty members.

Our faculty members are coming back with education and degrees from the developed countries; however, they are not taking any initiative to reform the legal education and introduce best practices out of their knowledge and learning.

The journals published by law schools at public universities (not regularly) rather follow a principle of “limiting knowledge.” For example, the Journal of the Faculty of Law at the University of Dhaka accepts articles only from their respective faculty members, as I am informed. This is also true of other public universities. This hardly happens in universities in other countries.

A journal is supposed to explore and disseminate new knowledge on a given subject. How will it assess its standard if there is no competitiveness in selecting or reviewing articles independently. Who will give a guarantee that only teachers could write “best articles”? These so-called journals are also not publicly available as I have experienced.

In the course of my recent affiliation for a year as a Hubert H. Humphrey Fellow at the University of Minnesota Law School and Human Rights Center in Minneapolis, U.S.A., I found that three of their journals are being edited and published by only students (appointed by the schools on a rotation basis), alongside two others by faculty members, and two more jointly by faculties and students. The same I found in the case of the West Bengal National University of Juridical Sciences in Kolkata, India.

Here, our professional, research and training institutions are also lacking in terms of performing their respective roles which also include quality research and publication.

The Bangladesh Bar Council and Law Commission neither has research and publication projects nor any journal. The Bangladesh Institute of Law and Internat-ional Affairs (BILIA) had its last issue of the biannual publication, Bangladesh Journal of Law in 2007. Though the Judicial Admini-stration and Training Insti-tute (JATI) has its own journal, it lacks professionalism and quality in publishing a research journal.

The writer is a human rights practitioner. He can be reached at udas1971@gmail.com

*Originally appered in the Daily Sun, 28 October 2010. Link: http://www.daily-sun.com/index.php?view=details&type=daily_sun_news&pub_no=23&menu_id=17&news_type_id=1&news_id=3923

Law interview: Legal education must be brought out of the four walls

Professor Dr. Mizanur Rahman, Chairman of the National Human Rights Commission, is an outspoken academic and activist for the cause of promotion and protection of human rights. Originally a Professor with expertise in International Law at the Department of Law, University of Dhaka has pioneered in the human rights education in Bangladesh and beyond through his innovative Human Rights Summer School model of legal learning, a two-week course for university law students. This year the programme would have its 11th event in December which is being organised under the auspices of the Empowerment Through Law of the Common People (ELCOP), a training and advocacy organization initiated by Dr. Rahman himself. Recently, Dr. Rahman has been honoured with the “Professor N. R. Madhava Menon Best Law Teacher in the SAARC Region Award 2010”. Dr. Uttam Kumar Das has talked with him on various issues of legal education and human rights.

Uttam Kumar Das (UKD): What is your view on the legal education in Bangladesh?
Dr. Mizanur Rahman (MR): The legal education in Bangladesh is a disoriented one. There is no concrete perspective for the sector. There is no coordination of activities- who is doing what and why with regard to the legal and judicial education and training in the country. Many rivulets of legal education and gaps among their standards have put a challenge to the rule of law itself. We are failing to produce qualified lawyers and judges in terms of their legal knowledge and analytical and others skills in a competitive scenario in the global or regional context. Though it has been a vital sector given the contribution to the rule of law, democracy and access to justice, however, unfortunately, no body takes the issue of legal and judicial education seriously. Whereas our neighbouring countries including Nepal have been producing global-standard law graduates who are competing trans-nationally.

UKD: What consequences do you foresee in the given scenario?
MR: If we can't take immediate steps to halt this downgrading trend of legal education immediately, it would be a disastrous situation for the country. Unfortunately, after 40 years of the liberation of the country we could not initiate a standard legal education.

We have failed to set up a people-friendly vision in the existing legal education as well. It, with few exceptions, hardly has clinical and practical component. The existing system is also obsolete and archaic in nature. For example, no one can say when the curriculum of the LL.B. programme now under the National University was prepared or modified. The private law colleges, home for part-time students and teachers, alike private universities turned into business centres in producing so-called law graduates. The law programmes both at the public and private universities have problems with regard to timeliness of the curriculum, application of course, teaching methodology, examination system, skills and expertise of the respective faculty members, research and publications and other resources available for a standard academic atmosphere.

UKD: What is the impact on the judiciary?
MR: One of our former Chief Justices had observed that a disaster has been going on in our judiciary. This is contributed by lack of qualified lawyers.

It has turned into a vicious circle. Though we are getting a huge number of law graduates and lawyers enrolled each year, however, a handful of them are qualified in terms of proper legal knowledge and skills. That is why we are getting a huge number of under-qualified lawyers in the bars. The same is also happening with the bench. Fortunately, there are few activist lawyers and judges; they are very small in number to change the whole scenario. One activist judge can't make a sound judicial system what we need. Without a sound legal education we can't expect a sound legal or judicial system as well. We have to come out of the mindset of the colonial judicial system as early as possible.

UKD: What is the reason for this failure?
MR: No body thinks about this; no government has thought to take up the issue. There has been no initiative either from public and private sector to reform, regulate and standardise the legal education. That's why under-qualified and non-qualified teachers and graduates have been dominating like their counterparts in the legal profession and judiciary. One can easily understand what they are to contribute to ensure people's access to justice. It has been a frustrating scenario.

There are hardly any qualified and globally-competitive graduates from our law schools in practicing International Business Law or Trade Law among some other modern area of practice. That's why as a nation we are failing to meet the global trends and competitions in those sectors.

However, there has been an elite class among lawyers here educated in the west. They are not actually from the mainstream lawyers here; they do maintain coteries of themselves. Handfuls of them are controlling practices related to global finance and transactions here.

UKD: How do you see a remedy from this situation?
MR: The government has to take note of the situation. There should be National Legal Education Policy and Comprehensive Action Plan in this regard. We also need standard setting national legal institutions to facilitate study and research on various branches of legal and justice education. Human Rights should be an integral part of the legal education. We can follow the model of the National Law School of India University and Kathmandu School of Law.

UKD: What about the legal education in the Education Policy?
MR: The Kudrat-e-Khuda Commission has a stake of eight pages on the legal education. The latest Education Policy dedicated only half page on the issue which very neglectfully covers an important sector. This reflects our national position and standpoint on the legal education.

UKD: What about the role of Bangladesh Bar Council?
MR: The Bar Council has miserably been failing in this regard. It seems that it has opened a sluiced gate to all to be lawyers (Advocates). Since, the Council is authorised to admit new lawyers (Advocates) and issue licenses; it has a regulatory role and immense opportunity to advocate for a standard and qualitative legal education. The Council should standardise its examination system for enrolling new lawyers as well. Also, it should make effective the monitoring role over law schools. And finally, the Council should go beyond political considerations with regard to promoting and advocating for a standard setting in the legal education system. Earlier, the Bar Council, under the leadership of Barrister M. Amir-ul Islam, had introduced few skill development training programmes for lawyers, which included Bar Vocation Courses (BVC) and Continuing Legal Education Programme (CLEP). Those programmes had been stopped for unknown reasons during the last caretaker government.

The bar Associations have also a role to play in this regard. They should be vigilant about professional standard, skills and etiquette. They should develop and maintain a strict Code of Conduct for their members and fight for upholding the canon of the profession and justice.

UKD: So, what are your overall recommendations?
MR: The legal education has to be standardised to compete with in the globalised world. The legal education must be brought out of the four walls; it has to be made practical and be brought to the problems of the people and society. For example, in studying land law one has to go to the villages, and has to talk to the peasants, landlords, and sharecroppers. To study criminal law, we need to know the situation and psyche of the victims, accused persons, and society as a whole. In the present system, law courses are being taught without their practical aspects. That's why law graduates do not feel comfortable when they start to do practice. Its like one is learning how to swim without getting in to water. Therefore, in practice one found him or herself unable to swim in the huge ocean of practical lives and legal complexities. Legal ethics and ethical lawyering should also be a focus point of legal curricula. The law teachers are to be properly equipped with knowledge, teaching techniques, research etc. Continuing Legal Education should be introduced for teachers alongside lawyers and judges.

UKD: Would you please share your feelings being the “Best Law Teacher in the SAARC Region”?

MR: I see it as recognition of joint efforts of what we are doing here with regard to legal and human rights education. I would take it as encouragement for all of us for more works to do. And we need concerted efforts of all concerned to achieve the goal of an egalitarian society.

The interviewer is an Advocate in the Supreme Court of Bangladesh. He is also the Deputy Director at the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS), Dhaka.

*Originally appeared in The Daily Star ("Law & Our Rights" Section), 16 October 2010; link: http://www.thedailystar.net/law/2010/10/03/interview.htm