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Compare and contrast the domestic implementation mechanism of Human rights between Bangladesh and USA
The easy emphasizes on the domestic implementation mechanism of human rights in two countries like Bangladesh and USA. Unlike the other international regimes, human rights are rarely enforced through interstate action even though government challenges each other. Rather it is individual citizens who are empowered to bring suit to challenge the international behavior of the government. USA is one of the developed nations in the world with strong law and order environment on the other hand Bangladesh is a developing country where law and order is weaker than the US. The countries are very different economically, socially and in other perspectives. So it’s a challenge to distinguish the domestic human rights of the two countries. There are many human rights organizations with in these two countries and they follow certain implementation mechanism to penalize the person who violated and save victims and the people who might become a victim. The implementation mechanism country to country varies but the aim to save the humanity is always the same.
UPR – Universal Periodic Review
NHRC- National Human Rights Commission
ASA – Association for Social Advancement
ARBN – Association for Realization of Basic Needs
BSAF – Bangladesh Shishu Adhikar Forum
IDR – Institute of Democratic Rights
Human rights are the fundamental rights or the basic rights that a person gets as because he or she is a human being. Human rights are measured universal and it is same for everyone. These rights as may be natural rights or legal rights. The implementation of these rights depends to some extent on the will of the politicians of the states. Basically, a co-operative network of non-state actors and international organizations all ensure the effective implementation of the standards of human rights.These comprise the activities to develop conformity by the state themselves, such as enacting national laws or administrative practices to meet the terms of human rights standards, strengthening the judiciary branch of government, establishing national human rights organizations, improvement of minimum health standards, improving prison situation, and increasing the involvement of government. The ability of citizens to enjoy their human rights is mostly attributable to an efficient national system of human rights enforcements. This also includes the accessibility of effective legal remedies to sufferers whose human rights are in danger, denied, violated or otherwise infringed.
Bangladesh and USA both are democratic country; there are similarities and also dissimilarities in implementing the domestic human rights mechanisms between the countries.
Human Rights in Bangladesh
It goes exclusive of saying that public consciousness is a precondition to Human Rights Protection. However, the idea of “Human Rights” has to be easy, lucid and clear-cut. In a (developing country like Bangladesh, the concept of Human Rights is often puzzled with the idea of mere ‘rights’, and at times used as a synonym to ‘law and order situation’. It is very important that such misconceptions are eradicated for a superior and clear understanding of Human Rights.
Bangladesh’s human rights condition has slightly improved since its first UPR review in 2009. A key task in the 2009 UPR was to take a “zero tolerance” stand against abuses by security forces, and bring an end to impunity.<href=”#_ftn3″ name=”_ftnref3″ title=””> Yet extrajudicial killings by the country’s security services continue with impunity. Whereas the government has taken some optimistic approaches towards the fulfillment of the promises it made in 2009, it has unsuccessful to live up to most of its pledges, as well as to fully apply the Chittagong Hill Tracts Accord and to ensure the effective protection of the human rights of refugees. Freshly, enlarged disappearances, as well as the opposition politicians, and attempts to suppress the civil society and leaders of labor movements have also risen as serious concerns.
Implementation Mechanisms Process
The 1503 procedure is a worldwide mechanism. It applies in respect of all nations of the world. The 1503 Procedure is named behind the resolution of the United Nations Commission on Human Rights which recognized it. It enables 2 bodies of the UN (the Sub-Commission on the Promotion and Protection on Human Rights and the Commission on Human Rights) to inspect complaints which appear to show consistent patterns of gross and dependably attested human rights violations received from persons or from NGOs.
With a vision to upholding its national obligations to eradicate all sorts of imperialism, the Government is urged to accordingly consider and apply recommendations by UN human rights bodies on the abolition of caste based discrimination. In particular, the government backed human rights organization NHRC taken proper following actions
1) Organizing national seminars on right to food and women’s rights;
2) Publishing a booklet on economic, social and cultural rights from Bangladesh perspective; and
3) Any other campaign advocacy that usually serve the vision and mission of Oxfam and NHRC (Bangladeshi human rights org) where both parties are willing to work jointly, such as joining the proposed national alliance on right to food as part of the advisory body.
Beside the governmental organization there are 54 nongovernmental organizations who are working for the human rights. Organizations like Adhikar, Ain O Shalish Kendro, (ASA), (ARBN) , (BSAF), (IDR) etc<href=”#_ftn5″ name=”_ftnref5″ title=””>
Those Organizations try to fulfill rights like:
Right to life, liberty and security of the person
Freedom of expression
Right to Food
Right to Shelter
Right to Livelihood
Extrajudicial Killings, Torture and Impunity
The mechanisms to implement to ensure those rights involves six components: planning a monitoring plan; international legal safety against domestic violence; background research on the legal system; interviews on the execution of domestic violence laws; writing the report; and the support process.
NGOs can submit complaints, although partaking in the review process is really limited. The 1503 procedure is helpful for building awareness to serious fundamental problem but not for cases of violations of individuals’ human rights. The procedure is helpful if a sufferer wants the UN to inspect the condition in her country, but not her particular case. The strict confidentiality of the procedure saves victims but does not allow the procedure to be used for publicity or for advocacy purposes.
Human Rights in USA
Human rights in the United States are lawfully protected by the Constitution of the United States, as well as the amendments, state constitutions, conferred by treaty, and enacted legislatively through Congress, state legislatures, and citizen’s initiatives. Federal courts in the United States have authority over international human rights laws as a federal question, arising under the international law, which is component of the law of the United State.
There are 10 human rights treaty bodies that monitor execution of the core international human rights treaties :
Human Rights Committee (CCPR)
Committee on Economic, Social and Cultural Rights (CESCR)
Committee on the Elimination of Racial Unfairness (CERD)
Committee on the Elimination of Discrimination against Women (CEDAW)
Committee against Torture (CAT)
Subcommittee on Prevention of Torture (SPT)
Committee on the Rights of the Child (CRC)
Committee on Migrant Workers (CMW)
Committee on the Rights of Persons with Disabilities (CRPD)
Committee on Enforced Disappearances (CED)
The U.S. Legal Program advocates with a variety of UN mechanisms and in the Inter-American Human Rights System to supply information about the U.S. government’s development in implementing its obligations. In keeping with the United States’ enduring promise to human rights and fundamental freedoms at home and abroad, government have adopted a process for carrying out the mechanisms like, working groups have been formed to manage implementation efforts in each area. These working groups are each led by the government department or organization with the greatest subject stuff expertise in that area and are composed of members from other related departments and agencies.
Subsequent adoption of the declaration on human rights defenders in 1998, a number of initiatives were taken both at the international and area level, to boost the protection of defenders and contribute to the full execution of the declaration. In this context, the subsequent mechanisms were recognized:
The mandate of the United Nations Special Raport on human rights defenders (2000)
The Human Rights Defenders Unit of the Inter-American Commission on Human Rights (2001)
The European Union Guidelines on human rights defenders (2004)<href=”#_ftn7″ name=”_ftnref7″ title=””>
United States seeks to hold government responsibilities to their obligations under the universal human rights norms and international human rights mechanisms and implementation.
Promote greater respect for human rights, as well as freedom from torture, freedom of expression, press freedom, women’s rights, children’s rights, and the security of minorities;
Promote the rule of law, seek responsibility, and modify cultures of impunity;
Aid efforts to improve and strengthen the organizational capacity of the Office of the UN High Commissioner for Human Rights and the UN Commission on Human Rights; and
Organize human rights behavior with vital allies, concluding the EU, and regional organizations.
Compare & Contrast the domestic implementation mechanism of Human Rights between Bangladesh & USA
Execution of human rights principles is a hard job for a developing country like Bangladesh than USA where the scarcity of resources may force challenging obstacles to attain compliance with human rights within a reasonable time. Bangladesh and USA both are democratic country but there are lots of differences between the countries norms, value, society, thinking, infrastructure etc. Bangladesh is a developing country on the other hand USA is developed country and infrastructure everything is standardize than Bangladesh. In US the authority is bound to response to the citizen, where as in Bangladesh the authority never response to its citizen and these criteria becomes major reason of violation human rights in Bangladesh compare to USA.
The US human rights organizations are also more active than Bangladeshi human rights agencies. As communication system is advance in US so any sort of violation of human rights
gets proper treatment as early as possible but in Bangladesh most of the vulnerable community lives under shadow and even if they come under light of the authority only the fortunate get the solution of his/her problem .
In USA all the government agencies well aware of their responsibility and infrastructure or the mechanism and implementation process is also built in such way that minimize the violation human rights.
Bangladeshi human rights work in this geographical territory only whereas US organizations perform worldwide service some of them also works in Bangladesh as well.
In Bangladesh it is mostly believe that awareness building is the best way to eradicate violation of human rights on the other hand US organizations they mostly believe on Prevention is better than cure, so to prevent the violations they take all the possible precautions. Judicial process is also easier than here. Punishment for the violation to some extent differs between the countries.
The contrast between two countries implementation mechanism would be the memorandum describes precisely about the reasons of violation of human rights and what are the actions to be taken for the violation and how the aid will be provide to the victim. Both the countries government backs up those welfare organizations and also do campaign to eradicate the violation of human rights.
Both the countries human right organization’s working process is same and their aim is also to extent similar.
Human rights mean much more that code of conducts or a set of principles. They should be beyond doubt and compulsory obligations for governments and individuals, which are to be enforced strictly. In reality, however, human rights may be in conflict with other interests, whereas the latter usually dictate how things are done. This notion may create a slippery slope, in which tolerance towards violations of human rights necessarily brings about deterioration in the robustness of these rights in policy making. Day by day violation of human rights is increasing. A statistics US has highest percentage of criminals are in jail which denotes highest rate of violation of human rights and it also shows zero tolerance for the criminals. Laws are strictly followed but in Bangladesh laws are made to be broken, victims don’t get the justice. Now a days human rights situation in Bangladesh is improving probably its because of the awareness and proper implementation mechanism.
Comparing Bangladesh with USA might be injustice. Because two countries are in two directions economically, technologically, culturally but at least we want in protecting human rights both country goes towards a positive direction.
I. Byrne and S. Hossain, “Economic and Social Rights Case Law of Bangladesh, Nepal, Pakistan and Sri Lanka” in M. Langford, Socio-Economic Rights, Cambridge University Press, 2009
Implementation at the national level’ available at http://www.humanrights.is/the-human-rights-project/humanrightscasesandmaterials/humanrightsconceptsideasandfora/theconceptsofhumanrightsanintroduction/implementation/ accessed on 15th June 13.
http://www.ohchr.org/english/law/cat-one.htm.Accessed accessed on 15th June 13
‘Universal Periodic Review: HRW Submission on Bangladesh’ available at http://www.hrw.org/news/2013/04/18/universal-periodic-review-hrw-submission-bangladesh accessed on 17th June 13.
‘WHAT IS THE UNITED NATIONS 1503 PROCEDURE’ available at http://www.un1503petition.com/vP/whatIsTheUN1503.htm accessed on 21st June 13.
‘The Organizations of Bangladesh Human Rights Network’ available at http://www.banglarights.net/HTML/organizarion.htm accessed on 18th June 13.
‘Human rights in the United States’ available at
‘Human Rights Bodies’ available at http://www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies. accessed on 17th June 13
‘Human Rights’ available at http://www.state.gov/j/drl/hr/ accessed on 18th June 13
See ‘Implementation at the national level’ available at http://www.humanrights.is/the-human-rights-project/humanrightscasesandmaterials/humanrightsconceptsideasandfora/theconceptsofhumanrightsanintroduction/implementation/ accessed on 15th June 13.
See http://www.ohchr.org/english/law/cat-one.htm.Accessed accessed on 15th June 13
See ‘Universal Periodic Review: HRW Submission on Bangladesh’ available at http://www.hrw.org/news/2013/04/18/universal-periodic-review-hrw-submission-bangladesh accessed on 17th June 13.
see ‘WHAT IS THE UNITED NATIONS 1503 PROCEDURE’ available at http://www.un1503petition.com/vP/whatIsTheUN1503.htm accessed on 21st June 13.
See ‘Human Rights Bodies’ available at http://www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies. accessed on 17th June 13