2. Introduction:
It’s a concern of Human rights[1]. Human rights are generally understood as “inalienable fundamental[2] rights to which a person is inherently entitled simply because she or he is a human being.[3]” Human rights are thus conceived as universal (applicable everywhere) and egalitarian[4](the same for everyone). These rights may exist as natural rights or as legal rights, in both national and international law. King john[5] & Barron’s[6] signed an agreement in (1215).Which is known as ‘’Magna Carta[7]’’ King john singed in this agreement, was first document of English law. In International trade law[8], human right insures trade right in country to county. It also makes sure labor rights & rules[9]. It protects also personal interest & gives guidelines to seek foster to foster by import duty. Soviet Union revolution was in (1913-1918).They come up with “Atlantic declaration[10]’’ Here has 25 different rights. Than convent act[11] came from there. France[12], German[13], Irish[14] clash occurred[15] than they realize this is a domestic war. They ask interference of international organization[16]. Many Irishmen see the revolution in France as an expression of their own desires[17] for the freedoms[18] and inherent rights[19] of humanity. Ireland was Under England they raise their voice to detach but uk.disagree. In 1998 Bangladeshi government negotiate with Bangladeshi indigenous[20] people and consider their demand & make an agreement with indigenous people. Bangladeshi Indigenous people, Minority act1998.
3.Magna carta
Magna Carta was the first document forced an English King. In May 1215, a group of barons[21]declared civil war on King John. They captured London and at Runnymede, on June 15th, John was forced to agree to the Magna Carta. This was the baron’s try to control the power of the King and formulate him rule the country within the law. So how had, the relationship between king, barons and Church deteriorated so badly since 1199 when John became king.
King John has been specified a bad press by many chroniclers[22] and historians. In films, books and the stories about Robin Hood, he is shown frequently as a bad, malevolence king. However, as historians we need to be objective and approach the study of King John through an open mind. John is often regarded as the most proficient of the Plantagenet Kings. He had the ‘mental abilities of a great king but the inclinations of a petty tyrant[23]‘. He has gone down in history as ‘The Bad’. Yet while he has got to take a few of the blame for his misfortunes, he inherited serious harms. John became king of England on the death of his brother, Richard I and immediately his dilemma began. England was in desperate want of a strong leader. At first John seemed ideal for the task. He was a good administrator and cared on the country. John’s control is usually characterized by three great quarrels: the French, the Pope, the barons.
Only victory at Bovines would have satisfied the barons. Taxation, the murder of Arthur (1203), the earlier loss of Normandy (1204), the interdict, (1208) and excommunication (1209), and the constant abuse of their rights were too much for the barons and Church to tolerate. The barons demanded a conference with John. John refused. Diplomacy had botched, force was now the only option. Late in 1214, civil war broke out and an army led by Robert Fitzwater, William Marshall, Hubert de Burgh and Gilbert de Clare attacked and captured London. The army was called ‘The Army of God and Holy Church.[24]’ John was forced to make peace with the rebel barons led by Stephen Langton. On 15th June 1215, at Runnymede, an island in the Thames, John approved to the Magna Carta. The Magna Carta was made up of 63clauses[25] and aimed to address the complaints of the barons & Church. It took 6 days to negotiate.
The most important clauses were as follows:
1. Taxes were to be fair. If the King wished to raise taxes, then he had to consult with the Barons. No taxation without consent of Parliament.
2. No freeman could be fined, outlawed, imprisoned or punished without a fair trial
3. The Church was to be free of the King’s control, and was to be allowed to elect its own officials
4. Freemen where to be able to travel wherever they wished.
5. Feudal fees and scutage were to be restricted.
4.Others important issues
Atlantic Universal declaration-1948[26], 25 different type’s rights was added in law book. This is very important law.
Convenient act[27]: 1st generation – civil and political convenient
2nd generation –Social,Culture,Economic act
3rd generation –self determination, Development
The United Nations passed the Universal Declaration of Rights on December 10, 1948, by a vote, with 8 nations abstaining. U.N. leaders determined that the revelation of the Holocaust, the widespread destruction caused by war and the limited mandate of the body’s charter required an all-encompassing list of rights. Canadian lawyer John Peters Humphrey worked with U.N. representatives as well as U.N. Human Rights Commission chair Eleanor Roosevelt to draft the statement. Humphrey and Roosevelt used the Four Freedoms enunciated in the August 1941 Atlantic Charter, including freedom from fear and freedom of speech as a guide for the declaration.
The Universal Declaration of Rights has been used by the United Nations as a guiding document for its humanitarian and peacekeeping efforts. Recent missions in African and Asian countries have been backed up by the declaration’s commitment to inalienable human rights and prohibition of atrocities like slavery and torture. The Universal Declaration of Rights has also been used by scholars, lawyers and political leaders to criticize nations that fail to fulfill the document’s mandates.
5.Trade and Human right[28]
Human Rights of Universal Declaration and the Rights, the importance of a right to work, neither of these documents explicitly mentions trade as a mechanism for ensuring this
Fundamental rights[29]. And yet trade acting a key role in provides jobs.
Few experts argue that trade is inherent to human nature and that when governments inhibit international trade they directly reduce the right to work and the other indirect benefits, like the right to education, that increased work and investment help accrue. Others have argued, that the ability to trade does not affect everyone equally often groups like the rural poor, indigenous groups and women are less to be expected to access the profit of bigger trade.
Others think that it is no longer primarily individuals but companies that trade, and therefore it cannot be guaranteed as a human right. Additionally, trying to fit too many concepts under the sunshade of what qualifies as a human right has the potential to dilute their importance. Finally, it is difficult to describe a right to trade as either “fair” or “just” in that the current trade command produces winners and losers but its reform is likely to produce winners and losers.
World Trade Organization insure, labor Problems with the Current Approach, Core Labor Standards, Barriers to promoting labor standard.
Investor State Dispute Settlement
Investor State Dispute Settlement (ISDS) provisions in trade treaties grant investors covered by provision with a right to set off dispute settlement proceedings next to foreign governments in their possess right under international law. Traditionally, dispute settlement under international law has concerned disputes between nation states. Under customary international law, a foreign investor is necessary to seek the decree of such a dispute in the tribunals or courts of the country concerned.
Mechanisms to Incorporate Core Labour Standards into the WTO[30]
Using the General Agreement of Tariffs and Trade[31]:n theory, it is possible to use existing actions within the WTO to defend definite human rights. Within the WTO Agreements there are common exceptions (GATT Article XX) that can be used for the defense of explicit human rights
Incorporation of a Social clause: key problems which impose on the viability of this solution is the influence of the social clause. Given the huge total of controversy surrounding labor standards, such a strong attitude in support of them is not probable to succeed
Problems with Unilateral Trade Sanctions as an Enforcement Mechanism[32]: Using trade sanctions as a coercive measure is an appealing prospect to ensure cooperation. Still there are many reasons why trade sanctions are an unsuitable mechanism for enforcing labor standards.
Furtherance of the WTO and ILO Relationship: Although not a appropriate long term solution, a way to break the current deadlock would be to further institutionalize the relationship among the WTO and ILO. The WTO Secretariat has some controlled interaction with the ILO “compiling statistics, research and technical assistance and training.
Recognition within the WTO Preamble: One of the first steps to enforcing hub labor standards is to allow them explicitly within the WTO
Increased Civil Society Participation: One proposal for the perfection of the WTO scheme is to allow for increased civil society contribution. This would result in the centralization of social issues, and within this, core labor principles. Furthermore, civil society groups are in an ideal position to put pressure on governments to support their human rights commitments, and check any progress in this pasture. Inside civil society, Non-Government Organizations (NGOs) would play a particularly crucial role
6.Self, determination indigenous peoples minority group:
Self determination is a part of human rights. It’s vary important in socity.The right of self-determination residue one of the most idealistic of rights within the human rights agenda. Enshrined as Article 1 of both the International Covenant of Civil and Political Rights (ICCPR) and the International Covenant Economic, Social and Cultural Rights, it is considered essential before any other rights can be recognized[33]. This dynamic presents an very difficult problem since Article 1 is framed:
1. Every one has the right of self-determination. By virtue of that right they freely determine their political position and liberally pursue their economic, social and cultural development.
2.Every one, for their own ends; freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based ahead the principle of mutual benefit, and international law. In no case may a people be dispossessed of its own means of subsistence[34]
7.Indigenous people rights &rules in Bangladesh
The idea originated in 1982 when the UN Economic, Social Council (ECOSOC) set up its Working Group on Indigenous Populations (WGIP), established as a result of a study by Special Rapporteur José R. Martínez Cobo on the problem of discrimination faced by indigenous peoples. Tasked with developing human rights standards that would protect indigenous peoples, in 1985. During this the International Labor Organization adopted the Indigenous and Tribal Peoples Convention, 1989.
The Declaration was then referred to the General Assembly, which voted on the adoption of the proposal on 13 September 2007 during its 61st regular session. The vote was 143 countries in favor, 4 against, and 11 abstaining. The four member states that voted against were Australia, Canada, New Zealand and the United States, all of which have their origins as colonies of the United Kingdom and have large non-indigenous immigrant majorities and small remnant indigenous populations. Since then, all four countries have moved to endorse the declaration. The abstaining countries were Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine; another 34 member states were absent from the vote.
The Bangladeshi rules for indigenous people [35]
Bangladesh gets Independent from Pakistan through a war in 1971. In the few math of independence, the Bengali ruling elites considered as a ‘mono-national and mono-cultural’ state based on the ideology of Bengali nationalism (Chakma, 2010:287). This was corroborated in the first constitution of 1972, which subsumed ethnic diversities in Bangladesh. For example, Article 3 (Part I) of the constitution declared Bangle as the state language, without any reference to indigenous languages. By Article 6 (2) all citizens of Bangladesh were made “Bengalis” despite of ethnic identities, religion and culture. That is, constitutionally all human rights and distinct identities of indigenous peoples in CHT were completely denied by the nation state of Bangladesh.M.N Larma, then merely indigenous Member of Parliament (MP) challenged such as a conical state building approach. Being worried about the future of indigenous peoples, he made all possible efforts to get constitutional recognition of the rights and distinct identities of indigenous peoples in the newly independent Bangladesh’s constitution. As an MP, he tried to convince the house of parliament to contain special provisions for indigenous peoples in the constitution, even as the national constitution human being drafted. Concurrently he represented to various policy-makers of the State. As part of this effort, an indigenous delegation led by M.N. Larma called on Sheikh Mujibar Rahman, the founder of Bangladesh, and for the first time they placed four point demands to him on 16 February 1972 for safeguarding indigenous rights in the constitution of Bangladesh (Uttaran, 1985; Larma, 2003; and Mohsin, 2003)[36]. The demands were:
(1) Independence with own government for CHT;
(2) A statutory provision similar to CHT Regulation 1900 in the foundation for the safeguard of indigenous peoples;
(3) Retention of the administrative set up of the traditional kings (rajas); and
(4) A constitutional guarantee not to make amendments on matters relating to the CHT without prior consent of indigenous peoples.
Sheikh Mujibur Rahman discarded all the demands outright on the ground that autonomy and recognition of many distinct identities would not be possible in one country. Instead of listening to the delegation, he advised them to merge into the Bengalis:
No, we are all Bengalis. We cannot have two systems of government. Forget your ethnic identity, be Bengalis.[37]
Thus the State’s vehement rejection of the indigenous people’s demands compelled them to form own political party towards establishing own rights. Consequently PCJSS was formed under the leadership of M.N Larma, which launched an armed struggle against the government of Bangladesh (GoB) since 1976 onwards.
8. Conclusion:
Human right insures inherent rights of human benign in everywhere in the world. In International trade law, human right insures trade right in country to county. It also makes sure labor right & rules. It protects also personal interest & give policy to seek foster to foster by import duty. In 1998 Bangladeshi government negotiate with Bangladeshi indigenous people and consider their demand & make a agreement with indigenous people. Ireland was Under England they raise their voice to detach but uk disagree. Than made few laws & they use Self determination law.
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