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Compare and contrast the domestic implementation mechanism of Human rights between Bangladesh and USA
Introduction:
Human rights are the basic rights and freedom to which all human beings are entitled. These rights include rights to freedom of expression and movement, equality before the law, the rights to live, right to education, religion, to own property, etc. It’s important to know our human rights and protect them to reduce the chances of tyranny and such. People everywhere should understand what human rights are. When people better understand human rights, it will be easier for them to promote justice and the well-being of society.
Human Rights described:
Recognition of the inherent dignity and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. It is disregard and contempt for human rights have resulted in barbaric acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people. It is essential, whether man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law. It is essential to promote the development of friendly relations between nations. The people of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, The Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms. A common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge.
Human Rights Law in Bangladesh:
The Human Rights and freedom of expression in the constitution of the People’s Republic of Bangladesh, the Constitution of the People’s Republic of Bangladesh ensured freedom of speech and expression. Freedom of thought and conscience is guaranteed. Fundamental rights are rights in Bangladesh are all existing law inconsistent with the provisions of the part shall, to the extent of such inconsistency, become void on the commencement of this Constitution, the Laws inconsistent with fundamental rights to be void. All citizens are equal before law and are entitled to equal protection of law. – Equality before law. Subject to any reasonable restrictions imposed by law in the public interest, even citizens shall have the right to move freely throughout Bangladesh, to reside and settle in any place therein and to leave and reenter Bangladesh. Freedom of movement- Every citizen shall have the right to assemble and to participate in public meetings and processions peacefully and without arms, subject to any reasonable restrictions imposed by law in the interests of public order or public health. Freedom of assembly-Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order: Freedom of thought and conscience is guaranteed, the Freedom of thought, conscience and of speech. Freedom of profession or occupation. Subject to law, public order and morality- every citizen has the right to profess, practice or propagate any religion; every religious community or denomination has the right to establish, maintain and manage its religious institutions. Freedom of religion – No person attending any educational institution or facility shall be required to receive religious instruction, or to take part in or to attend any religious ceremony or worship, if that instruction, ceremony or worship relates to a religion other than his own. Every citizen shall have the right, subject to any reasonable restrictions imposed by law in the interests of the security of the State, public order, public morality or public health.
Human Rights Law in United States:
The protection of fundamental human rights was a foundation stone in the establishment of the United States over 200 years ago. Since then, a 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, combat crime and corruption, 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 5,000-page report on human rights conditions in over 190 countries that is respected globally for its objectivity and accuracy. DRL also provides relevant information on country conditions to the Immigration and Naturalization Service and immigration judges in asylum cases.
Second,
DRL takes consistent positions concerning past, present, and future abuses. With regard to past abuses, actively promotes accountability. To stop ongoing abuses, the bureau uses an “inside-outside” approach that combines vigorous, external focus on human rights concerns (including the possibility of sanctions) with equally robust support for internal reform. To prevent future abuses, it promotes early warning and preventive diplomacy. Each year DRL ensures that human rights considerations are incorporated into U.S. military training and security assistance programs; promotes the rights of women through international campaigns for political participation and full equality; conducts high-level human rights dialogues with other governments; coordinates U.S. policy on human rights with key allies; and raises key issues and cases.
Third, DRL forges and maintains partnerships with organizations, governments, and multilateral institutions committed to human rights. The bureau takes advantage of multilateral fora to focus international attention on human rights problems and to seek correction. Each year, DRL provides significant technical, financial, or staff support for U.S. delegations to the annual meetings of several international human rights organizations; conducts regular consultations with Native American tribes and serves as the Secretary’s principal advisor on international indigenous rights issues; maintains relations with the UN High Commissioner on Human Rights; and supports the creation of effective multilateral human rights mechanisms and institutions for accountability.
Comparison and contrast between two countries:
U.S. Under Secretary of State for Political Affairs Wendy R. Sherman and Bangladesh Foreign Secretary Shahidul Haque co-chaired the Second Bangladesh-U.S. Partnership Dialogue in Dhaka May 26-27, 2013. The two leaders highlighted the robust and growing bilateral ties between Bangladesh and the United States and affirmed that the relationship is based on shared values and common goals of the two countries and their people. From there we can find the differences and similarities between the practices of human rights between two countries. The two leaders recognized the significant progress that has been made in the bilateral relationship since the signing of the Declaration on the Joint Partnership Dialogue agreement in Dhaka May 5, 2012, noted the productive discussions at the inaugural Partnership Dialogue meetings held in Washington September 19-20, 2012, and reaffirmed their commitment to further broaden and deepen the partnership.
Under Secretary Sherman offered deep condolences on the Rana Plaza and Tazreen Fashions tragedies, noting that the thoughts and prayers of the American people are with the families of the victims. Foreign Secretary Haque and Under Secretary Sherman committed to intensifying the ongoing efforts to work together to enhance workers’ rights and safety standards to prevent such tragedies from occurring again.
Under Secretary Sherman praised Bangladesh as a secular and pluralist democracy that has achieved remarkable social and economic progress while addressing transnational challenges, including terrorism, trafficking and climate change. Secretary Kerry asked Under Secretary Sherman to convey his regards to the Bangladeshi people and reiterated his strong support for this important partnership. The two leaders surveyed the wide array of ongoing cooperative activities, declared that the Bangladesh-U.S. relationship has never been better, and pledged to improve it further. The wide-ranging discussions on bilateral and regional issues included the following:
Development and Governance: The co-chairs underscored the Bangladesh-U.S. partnership on President Obama’s signature global initiatives on health care, food security and climate change as well as cooperation on women’s empowerment. They recognized Bangladesh’s leading role for countries that are vulnerable to the impacts of climate change. They acknowledged Bangladesh’s vibrant and varied civil society and agreed to consider the possibilities of organizing a joint civil society event in the next Partnership Dialogue. The two delegations also discussed other issues relating to governance, human rights, the Rohingya, and the Millennium Challenge Account.
Regional Integration: The co-chairs acknowledged Bangladesh’s leadership role in promoting greater connectivity in the region. They discussed the security landscape in the region, including Afghanistan and Burma. In the context of regional security, they recognized that the free movement of ideas, goods, and people enhances regional peace and prosperity.
Trade and Investment: The co-chairs discussed the status of labor law reform, registration of unions in the garment sector, fire and structural safety standards, and the prospects for a Better Work program in Bangladesh. The two delegations discussed market access, including Bangladesh’s request for duty free quota free garment exports to the United States and the ongoing U.S. review of a petition concerning Bangladesh’s eligibility for trade privileges under the Generalized System of Preferences. The co-chairs highlighted the start of a bilateral energy dialogue and underscored U.S.-Bangladesh leadership in organizing the first Sustainable Energy for All (SE4ALL) program to explore avenues for expanding electricity access, promoting renewable energy and increasing energy efficiency.
Security Cooperation: The co-chairs recognized the vital and active role Bangladesh plays in ensuring security and stability, regionally and globally. They noted the productive meetings of the Second U.S.-Bangladesh Dialogue on Security Issues in Washington in April 2013. They reviewed the continued collaboration in countering extremism, counterterrorism, security assistance, United Nations peacekeeping operations, and humanitarian assistance.
Private Sector Forum: The co-chairs highlighted the success of the Private Sector Forum, which underscores the value business and people-to-people contacts could add to the overall bilateral relationship. The Private Sector Forum brought together U.S. and Bangladesh business representatives to focus on deepening links between their respective private sectors, to discuss impediments to enhanced two-way trade and investment, and to identify opportunities for moving forward.
The second Partnership Dialogue was held in a warm and cordial environment. The co-chairs agreed to hold the third Partnership Dialogue in Washington, D.C., in 2014.
Opinion:
Like most developing countries, Bangladesh too has its share of human rights issues and problems. While fundamental freedoms are enshrined in the constitution regardless of race, gender and religion, there are many instances where the rights are often ignored and at worst trampled. There is a singular lack of tolerance in the political system where the major opposition parties are often at violent loggerheads. While Bangladesh is a parliamentary democracy with reasonably free and fair elections, opposition to government policies is often displayed through violent demonstrations and enforced strikes (hartals). This is irrespective of which party is in power. In recent years the major opposition parties have boycotted parliamentary sessions.
The party in power usually takes advantage of state resources to suppress opposition activities. Opposition to ruling government policies are often portrayed as anti-state treasonable activities and the state police machinery is used to make politically motivated arrests and repression of opposition members.
Conclusion:
Bangladesh is relatively more stable in terms of communal harmony than some neighboring states. However, religious minorities are often preyed upon by thugs and extortionists with sometimes very little active opposition from the government agencies. Religious minorities are disadvantaged in practice in such areas as access to government jobs and political office. Selection boards in the government services often lack minority group representation. Bangladesh has a very tiny majority of indigenous people. They have had a marginal ability to influence decisions concerning the use of their lands and are facing
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