Emran Emon

December 10, is the World Human Rights Day. On this day in 1948, the Universal Declaration of Human Rights was adopted by the United Nations General Assembly. Then in 1950, the United Nations declared this day as World Human Rights Day. This day is celebrated on December 10 every year in different countries of the world. Bangladesh also celebrates World Human Rights Day on 10 December.

Human Rights, is nothing new. The United Nations has only given a statutory form to this concept, which made it more popular globally, especially in the light of this United Nations charter, states have started giving importance to the issue of human rights for their own countries. Currently, many countries in the world have highlighted human rights issues in their constitutions.

Human rights are the birthright of every human being. People will enjoy and exercise these rights—that is natural. Human rights apply everywhere and equally to everyone. These rights are both natural and legal rights. One of the responsibilities of local, national, regional and international laws is to maintain these rights. But what are we seeing? Innocent people are being exploited by the powerful. Despite constant human rights violations, nothing effective is being done to protect their rights and justice.

Although there are many UN Charters on various subjects, there is no other global document as popular and important as Human Rights. The Universal Declaration of Human Rights has gained more popularity than the UN Charter. This document serves as a reference in determining and establishing human rights standards in many countries.

This Charter of Human Rights is now 76 years old. In the long 76 years, there has been a radical change in the concept and indicators of human rights in the world. The Charter of Human Rights and the United Nations were founded on the ruins of World War-II. The world has not faced a major war since the founding of the United Nations. It can be said that this is the greatest achievement of the United Nations. However, the United Nations Charter and the Universal Declaration of Human Rights have worked behind the establishment of global peace and human rights.

Even then, the question generally arises, has the discrimination between people in a broad sense reduced? In one word, the answer is—no. The disparity between the rich and the poor, the powerful and the powerless, has not yet diminished. Rather, it is increasing in many cases. In a word, the culture of human rights is not yet fully developed. Very few countries in the world have managed to develop human rights as a culture. Sustainable democracy has served as the main force behind the establishment of improved human rights in those countries.

Democracy and human rights can be said to be complementary. One reinforces the other. Human rights cannot be imagined without democracy. Again, one cannot claim to be democratic by neglecting human rights. However, even in the absence of these two, the country can rise to the peak of economic development. A few countries in the Middle East are prime examples of this.

Even if there is no democracy and human rights, there is still economic progress. Some developing countries also want to follow their footsteps. Thus, economic development is not inextricably linked to democracy or human rights. But undoubtedly, democracy and human rights can flourish better in developed economies.

Economic development and human development are not the same. The issue of human dignity is related to the human development. And the development is growth and income-expenditure calculation. The Human Rights Charter was formulated with the dream of the fifties, keeping that human development in mind. How much progress there has been in 76 years is a matter to be seen.

The relationship between human development and the development of education, cultural progress and political awareness is deep. A culture of human rights violations or denial cannot develop if these develop. Article-1 of the Declaration of Human Rights states that "All human beings are born free and equal in dignity and rights. They are possessed of reason and conscience and should treat each other in a spirit of brotherhood."

These rights are the birthright of human beings. But equal freedom, dignity and rights of all people is an unrealistic matter. So this thing has to be considered as an ideal consciousness. This is the gist of that article.

If we believe that all people are born free, then no people or ethnic group can be kept in subjugation. That is, the ruling groups that are still oppressing any people or ethnic groups in various parts of the world, using force to keep them bound in the chains of subjugation. They fundamentally do not believe in the inherent freedom of people.

It can be said that the inequality in today's world is born out of the distrust of human innate freedom. Therefore, for the establishment of human rights in the world, it is necessary to first read the ideals of human rights. Without the consciousness and ideal understanding of human rights, it is not possible to establish human rights in the real sense by examining human rights indicators in isolation and publishing global reports accordingly.

Every human being is equal irrespective of caste, gender, language, religion and political or other ideology, national or social origin and other status. Without the recognition of the equal and inalienable rights and inherent dignity of all human beings, it is not possible to lay the foundations of peace, freedom and justice in the world.

Through the Universal Declaration of Human Rights, the world reaffirmed its belief in human rights, the value and dignity of the human body and the equal rights of men and women. It is a global commitment. This commitment forms the basis of human rights and fundamental freedoms.

The Universal Declaration of Human Rights has 30 articles. The commitments of the people of the world to the realization of human rights are specifically inserted there. The Declaration can also be called the Fundamental Principles of Human Rights. Other UN human rights instruments also ratify the Charter. Various countries also proceeded to establish human rights by ratifying this charter. The constitution of Bangladesh also has the shadow of this declaration. Even the Declaration of Independence of the country reflected the ideals of the Declaration of Human Rights.

Apart from the constitution, there are various laws in this country to implement human rights. Human rights is a broad concept. Therefore, it cannot be limited or enforced by any law. Separately, a National Human Rights Commission Ordinance was promulgated in 2007 to monitor the implementation of human rights only. In light of this, the National Human Rights Commission Act was enacted in 2009.

The question generally arises—what is the achievement of the commission in 15 years? The question of how much development of human rights in the country also generally arises. However, the answer to all questions lies in the extent to which the ideological development of human rights has taken place in the country. Ethical or ideological position is developed through awareness of human rights. It is expected that the development of human rights in the society and the state will be accelerated if we highlight the spirit of human rights in our cultural environment.

Human Rights Commission of Bangladesh has many limitations. Besides, there are manpower shortages and legal weaknesses. However, it continues to play an active role in protecting human rights. Establishing their accountability for violations is the biggest challenge. However, due to lack of manpower, it is not possible for the Human Rights Commission to work on human rights at all levels of the country.

Besides, it is not easy for common citizens to get justice in the existing judicial system of Bangladesh. Seeking redress through the courts is difficult, time-consuming and expensive. But still there is no way without court. But access to informal justice should be increased. This is possible by leveraging local administration. Once upon a time many issues were settled in the village arbitration system. Now that path is almost closed. Many problems of people can be solved locally through proper training and awareness. For a country with a huge population, formal courts only add to the backlog of cases. Therefore, justice is delayed.

National Human Rights Commission is a constitutional institution of the country. The commission may seek clarification from government authorities in case of any allegations of human rights violations. The commission currently has 35-40 officers-employees. Implementation of human rights with this manpower is far from possible, coordination is also not possible. But still they must have bona fides. The High Court has also raised questions about the bona fides of the commission.

In 2013, Khadija, a domestic worker, was subjected to inhumane torture by the householder and sought redressal from the commission. But not being satisfied with the commission's proceedings, CCB Foundation filed a writ against the commission in 2018 on behalf of the victim. In 2019, the High Court commented in the judgment of the said writ– “The Commission has shown its negligence. The Human Rights Commission is 'sleeping awake' to protect human rights". The High Court then further said, "If the government does not listen to the recommendations of the Commission, then the Commission should approach the High Court." But the Commission's activities do not seem to have gained momentum. Lack of bona fides cannot be excused by capacity.

Therefore, the Human Rights Commission should work with bonafides and courage by avoiding political bias. The theme of this year's World Human Rights Day is “Our Rights, Our Future, Right Now”. It is expected that our Human Rights Commission will take effective legal action against human rights violators. Above all, people should be aware of their rights as well as human rights.

The writer is a, researcher, journalist and columnist.