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Compare and contrast the domestic implementation mechanism of Human rights between Bangladesh and USA
Now a day human rights is one of the most important issues in today’s world. We can easily find the news almost everywhere related to this issue. Almost every countries of the world are very much concern about the human rights. Many organizations also eagerly wait to criticize other countries about this issue. Now it can be realized that how important this issue is for the country.
The term “human rights” refers to those rights that are considered universal to humanity, regardless of citizenship, residency status, ethnicity, gender or other considerations.The fundamental rights that humans have by the fact of being human, and that are neither created nor can be abrogated by any government. Supported by several international conventions and treaties (such as the United Nation’s Universal Declaration of Human rights in 1948), these include cultural, economic and political rights, such as right to life, liberty, education and equality before law and right of association, belief, free speech, information, religion, movement, and nationality. Promulgation of these rights is not binding on any country, but they serve as a standard of concern for people and form the basis of many modern national constitutions. Although they were defined first by the Scottish philosopher John Locke (1632-1704) as absolute moral claims or entitlements to life, liberty, and property, the best-known expression of human rights is in the Virginia Declaration of Rights in 1776 which proclaims that “All men are by nature equally free and independent and have certain inherent rights, of which, when they enter a state of society, they cannot, by any compact, deprive or divest their posterity.” It is also called fundamental rights.
International human rights law
International human rights law refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, agreements between states intended to have binding legal effect between the parties that have agreed to them; and customary international law, rules of law derived from the consistent conduct of states acting out of the belief that the law required them to act that way. Enforcement of international human rights law can occur on a domestic, a regional or an international level. States that ratify human rights treaties commit themselves to respecting those rights and ensuring that their domestic law is compatible with international legislation. When domestic law fails to provide a remedy for human rights abuses, parties may be able to resort to regional or international mechanisms for enforcing human rights.<href=”#_ftn3″ name=”_ftnref3″ title=””>
United Nations Human Rights Monitoring Mechanisms
At the heart of the United Nations monitoring system are the two types of human rights monitoring mechanisms. The so-called conventional mechanisms refer to the specific committees formally established through the principal international human rights treaties.
Over the years, the United Nations has also developed an independent and ad hoc system of fact-finding outside the treaty framework, which is referred to as extra-conventional mechanisms or Special Procedures.
1. Treaty Bodies (Conventional Mechanisms):Treaty bodies have been set up for the six core United Nations human rights treaties to monitor States parties’ efforts to implement the provisions of the international instruments.
Human Rights Committee (HRC): monitors the implementation of the International Covenant on Civil and Political Rights. Composed of 18 independent experts of recognized competence in the field of human rights, the Committee was established when the Covenant entered into force in 1976. The First Optional Protocol, which entered into force together with the Covenant, authorizes the Committee to consider also allegations from individuals concerning violations of their civil and political rights. The Committee is also concerned with the Second Optional Protocol on the Abolition of the Death Penalty.
Committee on Economic, Social and Cultural Rights (CESCR): monitors the International Covenant on Economic, Social and Cultural Rights. Composed of 18 internationally recognized independent experts in the relevant fields, the Committee was established by the Economic and Social Council in 1985, nine years after the Covenant entered into force. Unlike the other committees, whose members are elected by the States parties to the respective convention and report to the General Assembly, the members of the Committee on Economic, Social and Cultural Rights are elected by ECOSOC, to which they report.
Committee on the Elimination of Racial Discrimination (CERD): monitors the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination. Composed of 18 independent experts, the Committee began its work when the Convention entered into force in 1969 and is the oldest treaty body.
Committee on the Elimination of Discrimination against Women (CEDAW): composed of 23 independent experts, has monitored the Convention on the Elimination of All Forms of Discrimination Against Women since 1981.
Committee Against Torture (CAT): monitors the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Composed of 10 independent experts, the Committee was established in 1987.
Committee on the Rights of the Child (CRC): composed of 10 independent experts, has monitored the Convention on the Rights of the Child since 1991.
2. Special Procedures of the Commission on Human Rights (Extra-conventional Mechanisms)
The ad hoc nature of the special procedures of the Commission on Human Rights allows for a more flexible response to serious human rights violations than the treaty bodies. Experts entrusted with special human rights mandates act in their personal capacity and are variously designated as Special Rapporteur. They examine, monitor and publicly report to the Commission either on human rights situations in specific countries and territories or on global phenomena that cause serious human rights violations worldwide.
Certain special mandates are also entrusted to the Secretary-General or his Special Representatives. While never originally conceived as a system, the nearly 50 country and thematic mechanisms that have been established thus far clearly constitute and function as an effective system of human rights protection.
Currently, some 20 mandates monitor the human rights situation in specific countries, including Afghanistan, Burundi, Cambodia, the Democratic Republic of the Congo (former Zaire), Equatorial Guinea, Haiti, Islamic Republic of Iran, Iraq, Myanmar, Nigeria, Rwanda, Somalia, Sudan, and the former Yugoslavia.
The General Assembly has established a Special Committee to Investigate Israeli Practices affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories.
The General Assembly established a Special Representative of the Secretary-General for Children in Armed Conflict.
The Commission on Human Rights established a Special Representative of the Secretary-General on Internally Displaced Persons and has created a number of important thematic mandates on:
Contemporary forms of racism, racial discrimination, xenophobia, and related intolerance
Effects of foreign debt on the full enjoyment of economic, social and cultural rights
Use of mercenaries and the right of peoples to self-determination
Violence against women.
There are Working Groups on:
Communications (the 1503 Procedure reviewing individual complaints)
The Sub commission has also appointed Special Rapporteurs and Independent Experts to conduct studies, including:
Impunity concerning economic, social and cultural rights
Human rights and scientific progress.
Thematic mandates are also entrusted to the Secretary-General, at the level either of the Commission on Human Rights or the Sub commission, including:
Human rights in the context of HIV/AIDS
Reprisals against persons cooperating with United Nations human rights bodies.<href=”#_ftn4″ name=”_ftnref4″ title=””>
Guide to International Human Rights Mechanisms
The UN and regional human rights bodies engage in a variety of activities to protect, monitor, and advance human rights worldwide. International tribunals hold human rights violators accountable. UN agencies work directly to improve human rights. Some UN and regional treaty bodies take complaints from individuals who allege human rights violations. International and regional treaty bodies monitor and report on human rights conditions. In some cases a human rights body independently undertakes missions to monitor human rights conditions in a particular country. The international human rights system depends on active participation of civil society – NGOs, nonprofits, and community activists. By providing credible examples of human rights violations, on-the-ground activists and advocates draw attention to systemic problems and help take part in ending human rights violations.
What will you find in the Guide to International Human Rights Mechanisms?
Accessing the international human rights system can seem daunting. This resource provides the basic tools for NGOs, nonprofits, and activists to easily take part in international human rights advocacy. First, look at Getting Started: From Documentation to Advocacy for activists and advocates who are new to using international human rights mechanisms. Next, consult the Overview of Human Rights Monitoring Mechanisms for information on the specific treaty monitoring bodies. Review the Reporting Guidelines and Contact Information section for details on submitting information. Finally, read samples of submissions filed by The Advocates for Human Rights.
Who is responsible for domestic implementation of Human Rights?
A state’s responsibility is to implement human rights involves more than avoiding conduct that infringes the rights of persons within its territory. It has become accepted that states are under a tripartite obligation to ‘respect, protect and fulfill’ human rights. These three levels of obligation place distinct obligations on states with respect to each human right contained in the International Covenant on Civil and Political Rights (‘ICCPR’) and the International Covenanton Economic Social and Cultural Rights (‘ICESCR’) and arguably to those in other human rights treaties as well.<href=”#_ftn6″ name=”_ftnref6″ title=””>
Implementation of human rights in USA
The central goal of U.S. foreign policy has been the promotion of respect for human rights, as embodied in the Universal Declaration of Human Rights. The United States understands that the existence of human rights helps secure the peace, deter aggression, promote the rule of law, strengthen democracies, and prevent humanitarian crises.
Because the promotion of human rights is an important national interest, the United States seeks to:
· Hold governments accountable to their obligations under universal human rights norms and international human rights instruments;
· Promote greater respect for human rights, including freedom from torture, freedom of expression, press freedom, women’s rights, children’s rights, and the protection of minorities;
· Promote the rule of law, seek accountability, and change cultures of impunity;
· Assist efforts to reform and strengthen the institutional capacity of the Office of the UN High Commissioner for Human Rights and the UN Commission on Human Rights; and
- Coordinate human rights activities with important allies, including the EU, and regional organizations.
The Bureau of Democracy, Human Rights, and Labor (DRL) applies three key principles to its work on human rights:
First, DRL strives to learn the truth and state the facts in all of its human rights investigations, reports on country conditions, speeches and votes in the UN, and asylum profiles. Each year, DRL develops, edits, and submits to Congress a report on human rights conditions.
Second, DRL takes consistent positionsconcerning past, present, and future abuses. With regard to past abuses, it actively promotes accountability. To stop ongoing abuses, the bureau uses an “inside-outside” approach that combines vigorous, external focus on human rights concerns.
Third, DRLforges and maintains partnerships with organizations, governments, and multilateral institutions committed to human rights. Each year, DRL provides significant technical, financial, or staff support for U.S. delegations to the annual meetings of several international human rights organizations.<href=”#_ftn7″ name=”_ftnref7″ title=””>
U.S. Implementation Plan for the 2010 Universal Periodic Review
In 2010, the United States participated in the UN Human Rights Council Universal Periodic Review (UPR) process. After careful review, the United States accepted in whole or in part 173 of the 228 recommendations it received. In keeping with the United States’ enduring commitment to universal human rights and fundamental freedoms at home and abroad, we have adopted a process for carrying out and reviewing our implementation of the recommendations we accepted.
Working groups have been formed to oversee implementation efforts in ten thematic categories:
Civil Rights and Racial and Ethnic Discrimination
• Criminal Justice Issues
• Indigenous Issues
• National Security
• Labor and Trafficking
• Economic, Social, and Cultural Rights and Measures
• The Environment
• Domestic Implementation of Human Rights
• Treaties and International Human Rights Mechanisms
These working groups are each led by the government department or agency with the greatest subject matter expertise in that area and are composed of members from other relevant departments and agencies.<href=”#_ftn8″ name=”_ftnref8″ title=””>
Human Rights Condition In Bangladesh
Bangladesh’s overall human rights situation worsened in 2012, 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.
RAB allegedly killed at least 54 people in 2011, bringing the total number of people killed since 2004 when RAB was formed to more than 700. In many cases, family members told Amnesty International that victims died after being arrested by RAB. The authorities failed to investigate these incidents credibly.
Violence against women
Human rights organizations said the authorities had failed to implement the plan and many women and children subjected to sexual and other violence were receiving no support from state institutions.
The government failed to prevent confiscation of Indigenous Peoples’ land by Bengali settlers in the Chittagong Hill Tracts. This led to violent clashes between the two communities, ending in loss of property and, at times, loss of lives.
At least three people died in police custody, allegedly after being tortured. The government announced that criminal charges would be brought against any police personnel found responsible for these deaths. However, no one was charged or prosecuted by the end of the year.
Implementation of Human rights in Bangladesh
As human rights is a vital issue for any country, so it is vital for Bangladesh as well. Though the implementation of human rights in Bangladesh is very poor, many organizations work their level best to establish the human rights in Bangladesh.
National Human Rights Commission (NHRC)
The NHRC is envisioned as a preeminent organization of the People’s Republic of Bangladesh, entrusted to promote and protect human rights throughout the country and for its citizens abroad. This commitment is consistent with the Constitution of Bangladesh, which provides the “preservation of human rights, development and guarantee” as the main mission of the State. The NHRC has been established in accordance with international conventions and the UN Paris Principles to ensure that it is a truly independent, neutral and people-oriented organization. The Commission has also adopted a “rights-based but duty oriented” approach.
They believe that if every citizen properly imparts his or her duty to one another and to the State, the guarantee of his or her rights will naturally flow from the fulfillment of these duties. The NHRC is firmly dedicated to playing a key role in the establishment of such a society.
National Human Rights Commission (NHRC) has started some projects to promote the human rights implementation in Bangladesh. So it can be helpful to reduce the violation of human rights of the people of Bangladesh.
Brave men Campaign starts
The Brave Men Campaign involves young men, particularly the school going boys students aged between 12-15 to motivate them into taking action that would break men and boys silence on violence against women in the community. Violence against women is a critical issue that is widely prevalent in Bangladesh for which the brave men campaign aims to raise awareness and promote the notion of `Brave Men` that would encourage young men to protest and say no to violence against women.
Mock Universal Periodic Review
The Universal Periodic Review (UPR) is a new and unique learning process for Bangladesh to review progress in the implementation of the recommendations made to Bangladesh during the first UPR cycle that took place in Geneva in 2009. Kazi Reazul Hoque, Full Time Member, National Human Rights Commission welcomed the participants and shared the objective of the program. The Governments high level officials, NGOs representatives, donors, representatives of international NGOs, academics, journalists and students attended the program.
NHRC Chairman Visits Horijon colony in Dhaka
The objective of the visit was to understand the overall human rights situation of this community. After the visit, Professor Dr. Mizanur Rahman, Chairman, NHRC said that this community is playing a significant role to clean the city and make our environment healthy and safety. Dr. Mizanur Rahman assured to the community that the NHRC will submit a letter to the government to take necessary action for the betterment of their living conditions. <href=”#_ftn11″ name=”_ftnref11″ title=””>
National Women Development Policy
Under a new National Women Development Policy, published in March, the Ministry of Women and Children’s Affairs announced a plan to, among other things, “eradicate violence against, and oppression of women and children by providing medical treatment, legal assistance and counseling to abused women and children”. <href=”#_ftn12″ name=”_ftnref12″ title=””>
THE NORMATIVE AND INSTITUTIONAL FRAMEWORK FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS IN BANGLADESH
The Constitution of Bangladesh declares the equal rights for all citizens and prohibits discrimination by the state on the grounds of religion, race, caste, sex or place of birth.
Despite this constitutional guarantee, political, economic and social exclusion on the basis of caste is practiced over the entire country. Social exclusion is manifested in the physical structure of both rural and urban areas throughout the country.
Though human rights are a vital issue but in the country like Bangladesh, nobody cares about that. In every step people are getting deprived from their rights. If we look at the recent incidents we can realized that the domestic implementation mechanism of human rights is very poor. The lack of access to justice and basic human rights is a defining characteristic of human poverty. In Bangladesh, despite impressive achievements towards a number of Millennium Development Goals, it is widely acknowledged that many continue to suffer from challenges against the rule of law, limited justice options, as well as the lack of knowledge and protection of human rights. The revised ‘National Strategy for Accelerating Poverty Reduction’ highlights the importance of a reformed justice sector for the most vulnerable, particularly women and children. <href=”#_ftn14″ name=”_ftnref14″ title=””>
USA also has to face criticism for the violation of human rights. HRW’s 665-page 2013 World Report, assessing human-rights progress during the past year across 90 countries, acknowledged that the U.S. “has a vibrant civil society and media that enjoys strong constitutional protections.” But, despite appearances, HRW noted millions of the most vulnerable Americans are subjected to human-rights abuses. The report made a pointed critique of the U.S. prison system, explaining its enormous prison population and frequent use of the death penalty, solitary confinement, and long-term juvenile incarceration. In another blow against human rights, the report criticized the disproportionate number of racial and ethnic minorities continuing to flood the criminal-justice system. Moreover, thousands of undocumented women and girl farm workers face a high risk of sexual violence and harassment. Most of the victims do not report those crimes because of fear of deportations or reprisals by employers. Child farmworkers, most of them Latino, often work 10 or more hours a day and risk pesticide poisoning, heat illness, injuries, lifelong disabilities, and death. Of children under age 16 who suffered fatal occupational injuries in 2010, 75 percent worked in crop production. Thousands more are injured each year. As was widely reported last month, the U.S. Senate refused to ratify the United Nations Convention on the Rights of Persons with Disabilities. Republicans blocked the ratification of the treaty, which aimed at ending international discrimination against the disabled. Women are also getting victim in various sectors. Like the epidemic of sexual violence against women in the military — the Pentagon has said there are 19,000 sexual assaults in the armed services each year — and the severe lack of criminal prosecution was highlighted.
People are now very much concern about the human rights issue but if you look at15 to 20 years back, it can be found that this issue becomes popular recently. The reason could be people are getting more developed day by day and concerned about the importance of human rights. Many organizations have started working on it and try to ensure the human rights of the people of a country.
UNDP’s Justice and Human Rights portfolio seeks to build awareness and public demand for the reform of justice and human rights institutions. The goal is a transformation to bodies that promote and protect the fundamental principles of justice, human rights, rule of law and security, and thus provide sustainable ground for meaningful and inclusive human development. The Promoting Access to Justice and Human Rights in Bangladesh Project (A2J) is working to strengthen the mechanisms for promotion and protection of human rights and the delivery of justice for all, particularly the poor and other disadvantaged people such as women, disabled, ethnic minorities and children.<href=”#_ftn16″ name=”_ftnref16″ title=””>
Provost, René (2002). International human rights and humanitarian law. Cambridge, UK: Cambridge University Press. p. 8. ISBN 0-511-04186-1.Retrieved from http://www.isearch-123.com/?
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