1. INTRODUCTION
Human rights are the fundamental rights which humans have by the fact of being human, and which are neither created nor can be violated by any government. According to United Nations, “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.”[1]
History of the idea “Human Right” is an ancient one, though may not be described as “Human Right”. The idea emerges as an idea of Humanism in the Early Modern period and becomes a position in the 18th century Age of Enlightenment. The modern human rights movement as a consequence comes to bear in the post-World War II era.
After World War II, the idea of “Human Right” becomes popular day by day. This issue gets focus more and more with wars that took place internationally as well as internally. Today, “Human Rights” is the most buzzing issue in the present situation in the world. In Bangladesh, it also got a lot of attention as human rights are being violated continuously by all possible means. To establish its existences and internal development state must ensure human rights perfectly.
Human right is very much related with the concept of “Rule of Law” as it is not possible to ensure human right without ensuring rule of law in a country or even in the world in a broader sense. Dick Marty[2] said that, “The strategy in place today respects neither human rights nor the Geneva Conventions. The current administration in Washington is trying to combat terrorism outside legal means, the rule of law.”
2. HUMAN RIGHT
Human right is a broad term that includes many areas of life. Many scholars and organizations defined human right differently with different point of view. Though almost all the accepted definitions have the same base and that is the born rights human being have no matter who you are, from where you are.
According to Amnesty International USA, “Human rights include civil and political rights, such as the right to life, liberty and freedom of expression; and social, cultural and economic rights including the right to participate in culture, the right to food, and the right to work and receive an education. Human rights are protected and upheld by international and national laws and treaties.”[3]
United Nations stated in its United Nations Universal Declaration of Human Rights, “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”[4]
Human right includes all the element that is fair and just. Any kind of discrimination based on anything and everything is considered as a violation of human right. Even the right to speak freely is also included. In his autobiography, Long Walk to Freedom, Nelson Mandela describes how he learned about democracy and individual rights, as a
young boy, by seeing the proceedings of the local meetings held in the regent’s house in Mqhekezweni:
“Everyone who wanted to speak did so. It was democracy in its purest form. There may have been a hierarchy of importance among the speakers, but everyone was heard, chief and subject, warrior and medicine man, shopkeeper and farmer, landowner and laborer.”[5]
Human Right defined by the UK philosopher John Locke (1632-1704) as absolute moral claims or entitlements to life, liberty, and property. One of the best-known expressions of human rights is in the US Declaration of Rights in 1776 which proclaims that “All men are by nature equally free and independent and have certain inherent natural rights of which when they enter a society they cannot by an compact deprive or divest their posterity.”[6][7]
2.1 HISTORY OF HUMAN RIGHT
While it is known that the reforms of Urukagina of Lagash, the earliest known legal code (2350 BC), must have addressed the concept of rights to some degree, the actual text of his decrees has not yet been found. The oldest legal codex extant today is the Neo-Sumerian Code of Ur-Nammu (2050 BC). Several other sets of laws were also issued in Mesopotamia, including the Code of Hammurabi (1780 BC), one of the most famous examples of this type of document. It shows rules and punishments if those rules are broken, on a variety of matters, including women’s rights, men’s rights, children’s rights and slave rights.[8]
Societies have often derived the origins of human rights in religious documents. The Vedas, the Bible, the Qur’an and the Analects of Confucius are also among the early written sources that address questions of people’s duties, rights, and responsibilities.
The Achaemenid Persian Empire of ancient Iran established unprecedented principles of human rights in the 6th century BC under Cyrus the Great. After his conquest of Babylon in 539 BC, the king issued the Cyrus cylinder, discovered in 1879 and recognized by many today as the first human rights document.[9][10][11]
The cylinder declared that citizens of the empire would be allowed to practice their religious beliefs freely. It also abolished slavery, so all the palaces of the kings of Persia were built by paid workers in an era where slaves typically did such work. These two reforms were reflected in the biblical books of Chronicles, Nehemiah, and Ezra, which state that Cyrus released the followers of Judaism from slavery and allowed them to migrate back to their land.[12][13]
In the Persian Empire, citizens of all religions and ethnic groups were also given the same rights, while women had the same rights as men. The Cyrus cylinder also documents the protection of the rights to liberty and security, freedom of movement, the right of property, and economic and social rights.[14]
Human right has been seen and described many ways in different point of time in different part of the world. Many international bodies wanted to establish human right throughout the world with many international laws or in the form of treaties. After World War I, Geneva Convention came and after World War II, the Universal Declaration of Human Rights (UDHR) tried to define human right and its implementation.
2.2 RELATION WITH RULE OF LAW
Human right is violated when there is no rule of law in the country. It can be said that the concept of “Rule of law” and “Human Right” is based on the same principle and remains together. Rule of law prevails with human right; without protecting human right rule of law cannot be achieved. In other words, human right violation stops only when rule of law reign the country or the world in broader meaning.
Rule of law ensures justice. Under rule of law everyone is treated equally and no matter whoever a person is s/he cannot escape from the hands of law doing something unlawful. When rule of law is absent the rights of the people are not recognized. In absence of the rule of law humanity is disrespected. When rule of law is not there the consequences of wrong doing are not experienced and people become violent. Bangladesh is the most common example of this. From, 1971 till now there was not a time when Bangladesh experienced rule of law. The guardians and the servants of law were under the hands of the political parties and autocrats and they used law the way they liked. Sometimes, the people in power did not hesitate to breach the law imposed by the Supreme Court. This is because the organizations that carry out the order of making a suspect face the trial, for example, police, were in hands of the people in power and acted according to the wish of the powerful. So, rule of law is necessary to ensure justice and fair and reasonable exercise of law. Absence of rule of law gives place for discrimination. In addition, if the entity upon whom the supreme power is placed does not act as the guardian and servant of law and carry out activity with honesty and integrity then fair judgment will be absent and a system will not have any moral justification of its laws. Which means in absence of “rule of law” all the element of human right can be violated and as the example explained it happened in Bangladesh for years.
In the history of the world there are thousands of examples, that when rule of law was absent then what the consequences are that a nation or country has to face. We can take Bangladesh as an example in this case. Everybody who has money and power; which in turn is the requirement of have a high social position; are breaching the law and are avoiding trials after wrongdoings. The student organization of the political party in power – Chattro League; the catastrophic destruction which they are carrying out throughout the country cannot be justified by any means. But they are free from trials or any kind of inquiries. Why? This is because rule of law is absent here. Same happened when other political parties or other reigning body was in power. Discrimination is at its peak today. The system or government is playing with law today. Law in Bangladesh has become a tool through which the intentions and desires of the powerful and elite are preserved. The poor group of people is deprived of a fair treatment and justice. When there is no rule of law anarchic and instable situation exists throughout the country. If there is room for discrimination then the country has failed to exercise law effectively and existence of a legal political system is at stake.
Dwight David Eisenhower[15] said that, “The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law”.
1971 – the clearest way to understand the above statement. In 1971 there was no rule of law in Bangladesh. Pakistan breached all the laws in 1971. They tortured the Bangladeshi’s in Barbarian style. No respect to international conventions was shown. Human rights and humanity were at stake. Even now if a person recalls the incident of 1971 he/she gets scared. It is really necessary for the rule of law to be present. Human beings cannot survive in an anarchic situation. To maintain peace and for prosperity of the society rule of law should exist everywhere.
Jim Callaghan said that, “The rule of law should be upheld by all political parties. They should neither advise others to break the law, nor encourage others to do so even when they strongly disagree with the legislation put forward by the government of the day.”
Just the opposite of the above statement is taking place in Bangladesh since its independence. In our country, none of the political parties upheld the rule of law. In addition, in our country when a political party is in power they advise and encourage their associated organizations to breach the law. They modify the law according to their need and law remains silent for them. This also happens due to irresponsibility of the authority with the supreme power.
Dick Marty[16] said that, “The strategy in place today respects neither human rights nor the Geneva Conventions. The current administration in Washington is trying to combat terrorism outside legal means, the rule of law.”
The above statement can be related to violation of rule of law by the United States. After 9/11 USA in their so called war against terrorism has intervened many countries with unjustifiable reasons breaching international conventions and carried out inhuman destruction. For example, Iraq. When USA attacked Iraq, they accused Iraq for having biological and nuclear weapon. Nut ultimately at the end of the war they could not find any. Still USA did not have to face any trial internationally. USA’s main purpose was to terminate Saddam Hussain and clear their path for getting oil. And the way USA is now carrying out its fight against terrorism, respects neither human rights nor rule of law.
So, maintenance of the rule of law by the powerful countries and ensuring justice are necessary to maintain stability throughout the world. All the above example and quotes explains that to ensure “Human Rights” throughout the world internally and externally there are no other way except adaptation of rule of law. Whenever and wherever rule of law was absent human rights were violated, even to its extreme possible extent.
2.3 HUMAN RIGHT VIOLATION IN BANGLADESH
“Human Right” violation in our country is not a new phenomenon; rather historically “Human Right” has been violated by the people with power and wealth. In the past, when the country was ruled by the Kings, there wasn’t any equality and all kind of discrimination was enjoyed by the king and his nearby people. When the country was ruled by the British government situation of human right was not good and in time of wars even worse. Same happened when ruled by the Pakistan. After independence in 1971, situation decayed even more, when our people lost their right to speak and choose freely. Human right violation continued for next years under different type of government. After the establishment of democracy in 1991, it was expected that human right condition will improve in Bangladesh, but unfortunately that never happened. Moreover, human rights have been ignored by all the government and human right violation continuous to increase, backed by the political parties. Political parties used their own people and government regulatory bodies for their own profit no matter what happens to general people.
According to United Nations Universal Declaration of Human Rights, “No one shall be subjected to arbitrary arrest, detention or exile”.[17] The scenario in Bangladesh is absolutely different. Law enforcement agencies have the power to arrest anyone without showing proper reason and they are abusing this power for their benefit and political aggression. Recent cases of random arrests make things more vulnerable.
In another article in Universal Declaration of Human Rights, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.[18] Again, because of political instability, aggressive nature of the people in power, lots of innocent people suffers from cruel torture, inhuman or degrading treatment or punishment. Those who violate human right do not face proper judgment and as a result escape punishment easily. The people in power, law enforcement agencies and the judiciary process are the main culprit for human right violation in Bangladesh.
So, it is clear that, the incident of torture, domination, ill treatment and random arrest by law enforcement agencies became more common in Bangladesh for the last few years which violate the human rights. Equality is only in the book not in practice at all and become a term used by political parties often, but never implemented in Bangladesh.
2.4 HUMAN RIGHT VIOLATION BEYOND OWN BOUNDARY
Human right violation has been took place beyond the boundary of a nation in various occasion in the past and near times as well. Many countries violate human right by intervening in other countries, especially through wars.
Again, in Universal Declaration of Human Rights, “Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.”[19]
After 9/11 USA in their so called war against terrorism has intervened many countries with unjustifiable reasons breaching international conventions and carried out inhuman destruction. For example, Iraq. When USA attacked Iraq, they accused Iraq for having biological and nuclear weapon. Nut ultimately at the end of the war they could not find any. Still USA did not have to face any trial internationally. USA’s main purpose was to terminate Saddam Hussain and clear their path of getting oil. And the way USA is now carrying out its fight against terrorism, respects neither human rights nor any international treaties.
This is a clear indication of human right breach internationally. International governing bodies are controlled and ruled by the one’s who violate human right internationally and in fact use these organization as their shield.
3. CONCLUSION
Human right is one of the most buzzing issues in today’s world and many organizations are working for the establishment of human rights all over the world. But, the fact is, human right can be upheld only if the people in power in the nations and international bodies wants to ensure it for the betterment of the people in their country and the world altogether.
As Franklin D. Roosevelt said, “If civilization is to survive, we must cultivate the science of human relationships – the ability of all peoples, of all kinds, to live together, in the same world at peace.”
Importance of reducing human right violation is important for all countries for their own interest as without ensuring human rights perfectly, no state can establish its existences & internal development. Human right violation in international level must be stopped as it is the root cause for most of the wars, especially in the recent years. International violation of human right may even cause the extinction of human being. As great scientist Albert Einstein said, “I do not know with what weapons World War III will be fought, but World War IV will be fought with sticks and stones.”
Human civilization need to concentrate on the broader benefit not in the narrower self centered benefits. Respect towards every human being with the believe of equality can only establish the idea “Human Right” perfectly. As quoted, “Spread love everywhere you go: first of all in your own house. Give love to your children, to your wife or husband, to a next door neighbor… Let no one ever come to you without leaving better and happier. Be the living expression of God’s kindness; kindness in your face, kindness in your eyes, kindness in your smile, kindness in your warm greeting.” -Mother Theresa
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[1] United Nations, http://www.ohchr.org/en/issues/Pages/WhatareHumanRights.aspx.
[2]Dick Marty (born January 7, 1945 in Sorengo) is a Swisspolitician (Free Democratic Party) and former state prosecutor of the canton of Ticino. He is a member of the Swiss Council of States (since 1995), and a member of the Parliamentary Assembly of the Council of Europe.
[3] Amnesty International USA, http://www.amnestyusa.org/human-rights/page.do?id=1031002
[4] Article 1, Universal Declaration of Human Rights adopted by General Assembly resolution 217 A (III) of 10 December 1948.
[5] Nelson Mandela, Long Walk to Freedom (Boston: Little, Brown & Co, 1994), p. 21.
[6] Virginia Gazette, Purdie, July 05, 1776 supplement, page 1.
[7] Pittman, R. “The Virginia Declaration of Rights; Its Place in History” (1955)
[8] Babylonian and Assyrian Laws, Contracts and Letters, by C. H. W. Johns, in 1904, one of a series called the Library of Ancient Inscriptions, from a facsimile produced by The Legal Classics Library, Division of Gryphon Editions, New York in 1987.
[9] “The First Global Statement of the Inherent Dignity and Equality”. United Nations. http://www.un.org/events/humanrights/2008/history.shtml. Retrieved 2010-09-13.
[10] Farrokh, Kaveh (2007). “Cyrus the Great and early Achaemenids”. Shadows in the Desert: Ancient Persia at War. Oxford: Osprey Publishing. ISBN 9781846031083.
[11] Hedrick, Larry (2007). Xenophon’s Cyrus the Great: The Arts of Leadership and War. New York: St. Martin’s Press. ISBN 0312364695.
[12] Free, Joseph P.; Vos, Howard Frederic (1992). Vos, Howard Frederic. ed. Archaeology and Bible history. Grand Rapids, MI: Zondervan. ISBN 9780310479611.
[13] Becking, Bob (2006). “”We All Returned as One!”: Critical Notes on the Myth of the Mass Return”. Judah and the Judeans in the Persian period. Winona Lake, IN: Eisenbrauns. ISBN 9781575061047
[14] Robertson, Merrills (1996)
[15]Dwight David Eisenhowerwas a five-star general in the United States Army and the 34thPresident of the United States, from 1953 until 1961.
[16]Dick Marty (born January 7, 1945 in Sorengo) is a Swisspolitician (Free Democratic Party) and former state prosecutor of the canton of Ticino. He is a member of the Swiss Council of States (since 1995), and a member of the Parliamentary Assembly of the Council of Europe.
[17] Article 9, Universal Declaration of Human Rights adopted by General Assembly resolution 217 A (III) of 10 December 1948.
[18] Article 5, Universal Declaration of Human Rights adopted by General Assembly resolution 217 A (III) of 10 December 1948.
22 Article 9, Universal Declaration of Human Rights adopted by General Assembly resolution 217 A (III) of 10 December 1948.
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