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‘Compare and contrast the domestic implementation mechanism of Human rights between Bangladesh and USA’
Abstract ;
Although the notion of human rights can be traced to Greek philosophy, classical Roman law, and Judeo-Christian scripture, it was not until the haunting experiences of World War II and the Holocaust that the international community recognized the importance of human rights with the adoption of the Universal Declaration of Human Rights in 1948. Since issues of human rights intersect with a number of fields in economics including development economics, law and economics, and political economy, it is worth raising the following questions. What are human rights, and how are they determined? What are the borders of state sovereignty? What is the proper role of the international community?
1. Introduction:
Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.
Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international law, general principles and other sources of international law. International human rights law lays down obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.
2. Human rights mechanism of United State of America
In the United States, violations of human rights are something many consider to be an issue that is only faced by people in foreign countries – not by people here at home. Ensuring that human rights are always protected, however, is just as important here as it is in other countries. Since 9/11, especially, there have been harmful breakdowns in the protection of basic civil rights and civil liberties. Early on, the United States was an important leader in the creation of the international system for protecting and promoting human rights. However, often times, the U.S. policies and actions have not always been consistent with these standards. While the United States has ratified some of the international human rights treaties, there are still many that are still not ratified. And, for many of the treaties that the U.S. has not ratified, it remains in the minority. In addition, the United States often fails to comply with the obligations of the treaties that we have ratified.
The Advocates for Human Rights is dedicated to promoting essential human rights not only abroad, but here at home. We actively work to promote and protect human rights in the United States. We make sure that this is addressed in all of our areas of programming. We place particular focus on human rights education; abolishing capital punishment; documenting post-9/11 human rights abuses; fact-finding and reporting on violations of women’s human rights; and protecting the rights of non-citizens.
3. Human rights mechanism of Bangladesh:
The National Human Rights Commission of Bangladesh was reconstituted in 2009 as a national advocacy institution for human rights promotion and protection. It is committed to the accomplishment of human rights in a broader sense, including dignity, worth and freedom of every human being, as enshrined in the Constitution of the People’s Republic of Bangladesh and different international human rights conventions and treaties to which Bangladesh is a signatory.
The purpose of establishing such splendid institution is to contribute to the embodiment of human dignity and integrity as well as to the safeguard of the basic order of democracy so that inalienable fundamental human rights of all individuals are protected and the standards of human rights are improved in the country.
Established by the National Human Rights Commission Act, 2009 in consonance with Bangladesh’s commitment to international human rights law, the Commission serves as a mechanism for the enrichment of the realization of human rights. Its journey is aimed at creating a culture of human rights through public enlightenment on diverse human rights issues so that the people of the country can contribute to larger peace and security keeping in pace with the ‘progressive aspirations of human kind.
4. Comparative assessment of Human Rights Mechanisms between Bangladesh and USA:
USA is one of the most power full and first world countries of the world. They have so strong economy as well as they are so much concern about their people’s Human Rights. For a Strong Economy it is easy for them to full fill their entire requirement another side Bangladesh is the one of the developing country although their economy is not strong and every year Bangladesh facing natural disaster. So it is very hard for Bangladeshi government for full fill every Human rights of the Bangladeshi citizen another thing is that as poor country in Bangladesh the crime and corruption rate is higher than USA. So the Human Rights is not strong as well as like the USA. Another important thing is that some first world country use Bangladeshi people for their development at that time they are avoid to Human Rights of Bangladeshi people. As a poor country Bangladesh faced lots of passer by the other developed country.
5. Recent Human rights mechanism in Bangladesh
Recently Bangladesh’s overall human rights situation is very bad, as the government narrowed political and civil society space, shielded abusive security forces from accountability, and ignored calls to reform laws and procedures in flawed war crimes and mutiny trials. The security forces disguised extrajudicial killings as “crossfire” killings. Opposition members and <href=”#_ftn2″ name=”_ftnref2″ title=””>[2]political activists “disappeared.” Flawed trials against those accused of war crimes in the 1971 war for independence continued. When Rohingya refugees fled to Bangladesh from persecution in Burma, the government pushed back boatloads of refugees, insisting that it had no obligation to provide them sanctuary
6. Recent Human Rights mechanism in USA
In the USA, among the most grave challenges are growing social inequality, racial, ethnic and religious discrimination, continuing detention of prisoners without charges presented, partial justice, prisons operating outside the legal field, torturing, governmental authorities influencing judicial processes, weak penitentiary system, restraint of freedom of speech, Internet censorship, legalized corruption, limitation of electoral rights of citizens, racial and ethnical intolerance, infringing children’s rights, extraterritorial application of American law which leads to infringing human rights in other countries, kidnapping, “witch-hunt”, disproportionate use of force against peaceful manifestations, death penalty applied to underage and mentally disabled offenders
7.0Human rights In Bangladesh:
7.1 Legislative and Policy Developments
§ Establishment of the International War Crimes Tribunal following amendment By Parliament of the International War Crimes Tribunal Act, 1973
§ The Parliament enacted the Legal Aid (Amendment) Act 2011 to provide legal Assistance to the poor and underprivileged and the Domestic Violence (Prevention and Protection) Act 2011 to ensure protection of women within the Boundaries of the family.
§ The Cabinet approved the (1) National Policy on Children 2011 to protect the Rights of children, (2) National Policy for the Advancement of Women, (3) draft Bill for the Prevention and Elimination of Human Trafficking 2011 and, by a Gazette notification authorized six months’ maternity leave for women in Government employment.
7.2 Judicial Developments for protection of fundamental rights
§ The Appellate Division of the Supreme Court declared illegal penalties inflicted by declaration of fatwa. The judgment also stated that only persons adequately educated in religious affairs were qualified to deliver fatwaon religious matters.
§ On January 13, 2011 the High Court Division Bench delivered a judgment that held corporal punishment to constitute a clear violation of children’s fundamental rights to life, liberty and freedom from cruel, inhuman and degrading treatment.
§ The High Court Division declared the secret trial of one of the Sector Commanders of the Liberation War, Lt. Col. M. A. Taher, in a special military tribunal on March 22, 1976 void and illegal. The Court also directed the government to recognize Colonel Taher as a martyr
7.3 Civil and Political Rights:
§ In 2011 ‘disappearances’ or ‘secret killings’ were reported in the media. Discovery of decomposed bodies of some of the victims, bearing visible marks of torture, such as tied hands and legs or uprooted finger nails was reported after complaints of disappearances. In some cases, the relatives of the disappeared or persons killed alleged the involvement of law enforcing agencies, particularly the elite force RAB.
§ Many human rights groups expressed their anxiety about recent occurrences, and were critical that relevant authorities rather than investigate complaints of disappearance and extra judicial killings, defended the actions of the law enforcement agencies. The Chairman of the National Human Rights Commission, Dr. Mizanur Rahman in expressing his concern regarding the recent incidents of disappearance or secret killings was reported to have said, “The strategy of extra-judicial killing has now been changed. Previously there was “cross fire”, now citizens are picked up and no trace is found. In many cases, their families cannot even find the dead bodies.”
8.0 Human Rights in USA:
8.1 Participation in the international treaties and conventions on human rights
International legal obligations of the USA are still limited to participation only in three out of nine basic treaties on human rights that provide for control mechanisms. The USA has not yet ratified the 1966 International Covenant on Economic, Social and Cultural Rights, 1979 Convention on the Elimination of All Forms of Discrimination against Women, 1989 Convention on the Rights of the Child, 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 2006 Convention on the Rights of Persons with Disabilities, and 2006 International Convention for the Protection of All Persons from Enforced Disappearance.
8.2 Manifestations of racial, ethnic and religious intolerance:
The rigid constitutional frameworks seriously complicate the prosecution of the neo-Nazi radicals in the USA. If these persons nevertheless find themselves in the dock, then they are charged, as a rule, with other crimes.
According to the data received by the FBI during the Vigilant Eagle operation carried out in the beginning of 2009 the right-wing extremist groups have intensified their efforts in the country to recruit the supporters, to distribute threatening messages and to buy arms.
In general, according to the FBI’s data among the hate crimes committed in the USA more than 80 per cent are motivated by of the racial, religious and ethnic hatred. At the same time among the crimes committed on the grounds of the racial hatred nearly in 70 per cent of cases the Afro-Americans are the victims.
8.3 Immigration policy, human trafficking:
The U.S. immigration policy is a subject of reasonable criticism of international human rights activists.Annually, about 400 thousand immigrants, including those seeking asylum and victims of human trafficking, are taken into custody for different periods of time in this country. Often they are kept in conditions similar to or even worse than those of criminal prisoners. Minimum detention standards for illegal immigrants adopted by the U.S. administration in September 2008 are not mandatory and, thus, are disregarded on a regular basis.
Sexual abuse is not rare in immigration prisons. According to the American Civil Liberties Union, in the years 2007-2011, inmates filed over two hundred official complaints of rape and other types of sexual mistreatment
8.4Freedom of speech and press, transparency of government activities:
On August 4, 2012, New York Times photographer Robert Stolarik was detained when he disobeyed a policeman’s order to stop taking photos of the arrest of a teenage girl during an Occupy Wall Street protest. One of the law enforcement officers snatched the journalist’s camera and smashed it in his face. The photographer will face a court trial in November 2012 on charges of “disobeying police orders.”
In February 2012, Joshua Fox, director of the Oscar-nominated “Gasland” documentary about the environmental dangers of hydraulic fracturing, a controversial method used in the mining industry, was arrested trying to film a hearing of the House of Representatives Subcommittee on Science on the use of that method.
9. Conclusion:
Human rights are not a recent invention. Discussion about these ideas can be traced back to the ancient civilisations of Babylon, China and India. They contributed to the laws of Greek and Roman society and are central to Buddhist, Christian, Confucian, Hindu, Islamic and Jewish teachings.
A significant development in human rights took place in the 18th Century, during a time of revolution and emerging national identities. The American Declaration of Independence (1776) was based on the understanding that certain rights, such as ‘life, liberty and the pursuit of happiness’, were fundamental to all people.
10. Bibliography :
§ Optional Protocol to the International Covenant on Civil and Political Rights (16 December 1966);
§ UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (18 December 1990);
§ International Convention for the Protection of All Persons from Enforced Disappearance (20 December 2006
§ ILO Convention (No. 111) concerning Discrimination in Respect of Employment and Occupation (25 June 1958);
§ Human Rights in the United States, the Institute for Democracy and Cooperation, New York, 2012. http://www.indemco.org/index.php?news=117&language=1
§ Marck J., Brakey J. Summary of TheFourPimaCounty Cases// Audit AZ.2011. July 16. –
§ The Economics of Property Rights and Human Rights.” American Journal of Economics and Sociology. 41(2): 169-8
§ The Bangladesh Dalit and Excluded Rights Movement is a national advocacy platform consisting of both Dalit and other excluded communities across Bangladesh. See http://www.nuhr.org/BDERM/Default.aspx
§ Mid-term assessment report, UPR Bangladesh, submitted to UPR-Info by BDERM, NU and IDSN (2011):
§ See list of demands by the Bangladesh Dalit and Excluded Women’s Federation, Summary Report on DalitWomen’s Rights Conference 2012
Human Rights in the United States, the Institute for Democracy and Cooperation, New York, 2012
<href=”#_ftnref2″ name=”_ftn2″ title=””>[2]ALRC Submissions to the | Universal Periodic Review Mechanism | Jointly submitted by ALRC and odhikar |2008 Review | 2008 Annex Review
<href=”#_ftnref3″ name=”_ftn3″ title=””>[3]Fielding J., CobainI. Revealed: US spy operation that manipulates social media