Corruption that time we should apply good governance and should ensure human rights for every person by lawjuris

Corruption that time we should apply good governance and should ensure human rights for every person

Chapter â&#x20AC;&#x201C; One Introductory Part 1.1 Introduction: Corruption is not a new phenomenon. What is new and worrying is the magnitude and size of corruption. It has spread its tentacles to every sphere of national life. It is one of the biggest threats to development. It can tear the very fabric of the society and, infact, it is doing so. Corruption benefits the rich and the well-to-do. It enriches the rich and disproportionably affects the poor, unprotected and the underprivileged and thereby it deepens their deprivation. Unless it is checked, the governments and people will have to pay a very heavy price in the consequent result of lower incomes, lower investments and lower developments resulting in volatile economic swings. In recent years, the subject of corruption has received considerable attention. Work on governance has brought it into the light and it is no longer taboo. Corruption is being addressed by financial institutions, government agencies, bilateral donors, international organizations, non-governmental organizations (NGOs) and development professionals. Its causes have been measured empirically, as have its impacts on human development. Institutions and administrative procedures have been overhauled. Countries have negotiated and signed international anti-corruption conventions. Good governance and human rights are mutually reinforcing. Human rights principles provide a set of values to guide the work of governments and other political and social actors. They also provide a set of performance standards against which these actors can be held accountable. Moreover, human rights

principles inform the content of good governance efforts: they may inform the development of legislative frameworks, policies, programmes, budgetary allocations and other measures. If we want to avoid corruption that time we should apply good governance and should ensure human rights for every person. Because, if we do not reduce the Corruption that time the Human Righs will be violated. If we want to reduce Corruption that time we should ensure Good Governance.

1.2 Aims & Objectives of the Study: It is very important to identify the aims and objectives of any research. Describe all the goal of this research on Corruption, Good Governance and Human Rights Nexus. My Aims and Objectives of the study are as follows; 1. To define the Corruption, Good Governance and Human Rights etc. 2. To explore the present situation of Corruption in Bangladesh. 3. To explore the conditions of Good Governance. 4. To find out the procedure how we can ensure the Good Governance. 5. To explore the present situation of Human Rights in Bangladesh. 6. To find out the procedure how we can implement the Human Rights. 7. To explore the relation between Corruption, Good Governance and Human Rights. 8. To find out the effect of Corruption and Good Governance. Then to discuss Law and Practice which exists in Bangladesh. But there is no appropriate law in Bangladesh for the protection of Human Rights. For that reason l try to prescribe which law is appropriate for reducing Corruption on Human Rights.

1.3 Methodology: Methodology is very important for any research. Without adopting any methods, it is difficult to contribution. As a necessary to optimum methods to create anything. The optimum outcome of the research depends largely on the adopting of the proper methods related to the topics in the field of the proper investigation and sufficient care. When prepared this research followed the some methods i.e. the Imperial Methods, sufficient care method etc. respectively

where it is applicable. The techniques of data collection followed in this research are interviewing, questionnaire, uses of documents sources. Also helped in teachers, friends and different website collecting the topic related information and statistic. Though there is nothing codified about Corruption, Good Governance and Human Rights Nexus in any academic book or magazines so it was very much tough for me to collect the information data. For this work, need to go in many welfare organization. For complication of this study, had been also following the historical, analytical and imperial method.

1.4 Limitation of the Study: Every research study has some limitations in true sense. So this research monograph is not the exception of this limitation and limitations reduced the scope of the study in some changes. The main limitation of the study is the time bindingâ&#x20AC;&#x2122;s work. The time is not enough for the study. To create any good research on any topics and subject, that time prerequisites sufficient instrument and enhance more books in university library but our library is not sufficient for making this research on Corruption, Good Governance and Human Rights nexus. There is no study that done on this topic before, so there was no perfect guideline. That is another important limitation of this study.

1.5 Importance of the Study: The study is the great importance; the study will help to know about Corruption and Good Governance with Human Rights perspective in Bangladesh. No study on this topic has ever been done before, so a lot of new ideas have come in front of eyes. have got good knowledge about the corruption and good governance in Bangladesh, which will help us in different ways. The seen that many times debate arise on the role of the Societies for reducing of the Corruption. This study will help to solve the reason of debate by some new ideas.

1.6 Scope of the Study: The scope of this study includes the area of information required to collect and analyze regarding, the determination of the Corruption, Good Governance and Human Rights Nexus. The entire study will focus on the information of Corruption and Good Governance in Bangladesh.

1.7 Shadow of the Whole Research:

The title of the study denotes the subject matter of the study. As the title of the Research Monograph is Corruption, Good Governance and Human Rights Nexus .It is very difficult to read the matters relating to the Corruption and Good Governance which is necessary for discussion of the topic maintaining the sequence of the discussion and come to conclusion. So this subject matter being the Corruption, Good Governance and Human Rights Nexus, the definition and meaning of the term, the legal instrument about it according to national and international level and find out the loopholes of the existing laws.

Chapter-Two Concept and Status of Corruption Corruption has recently been the subject of substantial theorizing and empirical research, and this has produced a bewildering array of alternative approaches, explanations, typologies and remedies. Corruption is understood as everything from the paying of bribes to civil servants and the simple theft of public purses, to a wide range of dubious economic and political practices in which businesspeople, politicians and bureaucrats enrich themselves. The issue of corruption is an old one, that has re-entered the current political and economic debate from the new interest in the role of the state in the developing world, and from the assumption that the state is an indispensable instrument for economic development, redistribution and welfare.

2.1 Definition of Corruption: Defining corruption is important in the context of global efforts to reduce its influence in public life. But is not an easy task to define corruption. Webster Dictionary describes corruption as morality, state of being corrupted and according to the dictionary corruption means a state of decomposition, dishonest, rotten, pollute, immoral and bad. A definition has been found in a publication of the World Bank headed “VIETNAM-Combating Corruption” as “Corruption practice refers to the act of offering, giving, receiving or soliciting anything of value with the aim of influencing the action of a public official in the procurement process or the contract execution. The easy and artistic meaning of corruption may be an act against ethics. In a great sense, corruption means the disobedience of a virtue or sanctity. In the administrative view, corruption has a specific meaning. If a public servant abuses power or designation or does a wrong or refrains from doing justified act with a view to fulfilling his desires or giving undue privileges to his relatives, friends or any person, such act will be

considered as corruption. Professor Robert Cligaurd of South Africa gave the following equation regarding corruption:1 Corruption = monopoly + Discretion –Accountability – Salary. From the above quotation it is said that if monopoly and discretionary power of government is increased and on the other hand if there is no accountability and salary is lower standard, the ultimate effect is the promotion of corruption. But in the opposite manner, if the authority of the first two elements is decreased and the authority of the last two elements is increased, corruption will be alleviated. Corruption is a social, legal, economic and political concept enmeshed in ambiguity and consequently encouraging controversy. The ambiguity and controversy result from the fact that a number of competing approaches to understanding corruption is available. Naturally, definitions of corruption focus on one of several aspects of the phenomenon; various approaches to c corruption can be placed into five groups. These are public-interest centered, market centered, public-office-entered, public-opinion-entered and legalistic. Proponents of the public interest centered approach believe that corruption is in some way injurious to or destructive of public interest. Market centered enthusiasts suggests that norms governing public office have shifted from a mandatory pricing model to a free market model, thereby considerably changing the nature of corruption . Public centered protagonists stress the fact that misuse by incumbents of public office for private gain is corruption.11 those who believe in public opinion centered definitions of corruption emphasize the perspectives of public opinion about the conduct of politicians, government and probity of public servants.2

2.2 Forms and Types of Corruption: a) Forms of corruption:Bribery: Bribery is the bestowing of a benefit in order to unduly influence an action or decision. It can be initiated by a person who seeks bribes or by a person who offers and pays brides. Active bribery refers to the offering or paying of the bribe, while passive bribery refers to the receiving of the bride. The “benefit” can be virtually any inducement, such as money, company shares, inside information, entertainment and employment of the mere 1

Dr. Mohammad Johurul Islam, Syed Sarfaraj Hamid, Human Rights And Corruption, Article on Alleviating Corruption In Bangladesh: An Agenda For Good Governance, Published in 2007, Published By ELCOP, P-96. 2

Ibid, p- 97

promise of incentive. The benefits gained can be direct or indirect. It can be described as indirect gains when the benefits flow e.g. to a friend, family, private business, campaign funds or political parties.3 Embezzlement and Fraud: These offences involve the taking or conversion of money, property or valuable items by an individual who is not entitled to them but, by virtue of his or her position or employment, has access to them. Employment-related equipment, such as motor vehicles, may be used for private purposes. Those offences do not include ``theft’’ per se but only situation involving a public official or where the public interest is crucially affected.4 Extortion: Extortion relies on coercion, such as the use or threat of violence or the exposure of damaging information, to induce cooperation. Extortion can be committed by government officials but they can also be victims of it. An example of extortion is when police officers threaten to arrest people to extract money from them.5 A conflict of interests: It arises when a person, often a public sector employee or official, is influenced by personal considerations when doing his or her job. Thus, decisions are made for the wrong reasons. This kind of corruption involves, for example, engaging in transactions, selling influence, or acquiring a position that is incompatible with one’s official duties for the purpose of illegal enrichment. An example of this kind of corruption is when a public official, who has access to secret information, uses the information to take decisions concerning personal investments.6 Favoritism, Nepotism and Cronyism: Favoritism is a general term used to describe use of power to make decisions on the basis of personal relations rather then on objective grounds. There are several forms of favoritism. Among the most commonly cited are nepotism and cronyism. Nepotism applies to a situation in which a person uses his or her public power to obtain a favour for a member of his or her family. Cronyism is a broader term than nepotism, and covers situations where preferences are given to friends and colleagues and favoured political supporters. These two kinds of corruption, nepotism and cronyism, can easily overlap.7 Political Corruption: Political corruption is the abuse of entrusted power by political leaders for private gain, with the objective of increasing power or private wealth. It need not involve money changing hands; it may take the form of granting favors that “poison politics and 3

Shafiqur Rahman Khan, Human Rights and Corruption, Article on International Law against Corruption, Published in

2007, Published By ELCOP, P-16 4

Ibid, p-16.

Ibid, p – 16.

Ibid, P- 17.

threaten democracy”. An example of political corruption is when political parties or candidates receive money in exchange for the goodwill towards the entity or group making the contribution.8 b) Types of Corruption: There are three broad classifications of corruption, which are however not mutually exclusive: a) Petty and Grand corruption: Petty Corruption: Practiced on a smaller scale. Defined as the use of public office for private benefit in the course of delivering a pubic service. Usually involves relatively small amounts of money, including bribery (grease money or speed payments) The public servant abuses his/her position by accepting a benefit for what is a routine transaction or approval. The direct victim of this abuse of power is the citizen. Grand Corruption: The most dangerous and covert type of corruption. Instances where policy making, its design and implementation are compromised by corrupt practices. Found where public officers in high positions (such as councilors), in the process of making decisions of significant economic value, routinely demand bribes or kickbacks for ensuring that tenders or contracts are awarded to specific contractors.9 b) Political and Business corruption: Political Corruption: Occurs predominantly in developing and less developed countries. Usually associated with the electoral process. Includes: •

voting irregularities

•

nepotism and cronyism

•

rule of a few

•

false political promises

•

paying journalists for favourable coverage of candidates and parties

•

influencing voters by the distribution of money, food and/or drink

•

holding on to power against the will of the people.

Business Corruption: Often not regarded as a crime, rather as a means to accelerate business processes. Proponents claim that the end result is not affected; the mechanisms used to achieve the result are simply accelerated; In essence, bureaucracy is bypassed and time is 8

Ibid, P-17.

Please visit, http://www.karmayog.org/anticorruption/anticorruption_868.htm, Last Accessed on 03.11.2009.

utilized. Includes bribery, insider trading, money laundering, embezzlement, tax evasion and accounting irregularities.10 c) Chaotic and Organized corruption: Chaotic Corruption: A disorganized system where there is no clarity regarding whom to bribe and how much payment should be offered. There is: •

no guarantee that further bribes will not have to be paid to other officials;

•

no reasonable assurance that the favour will be delivered;

•

no coordination between the recipients of benefits, with the result

•

that the price of corruption is often inflated

All these distinctions have no value: no form of corruption is better or worse than another. Organized Corruption: A well-organized system of corruption in which there is a clear idea: •

of whom to bribe;

•

how much should be offered

•

and are confident that they will receive the favour in return.

Organized corruption is often perpetrated by crime gangs and syndicates and includes whitecollar crime and identity theft11

2.3 The Causes of Corruption: Why corruption develops varies from one country to the next and there is seldom a single identifiable cause. Some of the causes which have been suggested are: poverty; poor administrative structures; weak judicial, legislative and regulatory frameworks; inadequate education; and cultural and social value systems that condone corrupt practices. Other possible causes are inadequate civil servants remuneration; too broad discretionary powers of civil servants and a lack of accountability, monitoring and transparency. It has also been argued that planned economies, where many prices are below market-clearing levels provide incentives to payoffs and so does the presence of organized crime. It is often claimed that poverty is a very important factor in the development of corruption and that can true. It is for example, obvious that the risk of corruption in the public sector increases if the civil-service wages are so low that they do not allow public workers to support their families. If poverty was, however, the only cause of corruption it would be hard to explain the fact that most of those involved in “grand corruption” have much more than 10

Ibid.

Ibid

they and their families will ever need. It can therefore been argued that corruption â&#x20AC;&#x153;can emerge from wealth and abundance, or it can emerge from the lack if itâ&#x20AC;?. Other factors that may not be causes of corruption but can certainly encourage it are a low educational level which keeps the population passive and ignorant of its rights and the lack of political will to fight corruption. The motivation to remain honest may be further weakened if senior officials and political leaders use public office for private gain or of those who resist corruption lack protection.12

2.4 The Consequences of Corruption: Corruption adversely affects economic performance, undermines employment opportunities and poverty reduction. Petty corruption raises the cost of engaging in productive activities. Its burden falls disproportionately on poor people. For those without money or connections, petty corruption in public health or police services can have serious consequences. Corruption affects the lives of poor people through many other channels as well. It diverts public resources away from socially valuable areas, such as education and infrastructure investments that could benefit poor people like health clinics, roads etc. It lowers the quality of infrastructure, since kickbacks, are more lucrative on equipment purchases. The way funds are allocated gets distorted, foreign aid gets reduced and productive capacity gets further weakened. Where corruption involves the transfer of funds outside the country, it seriously undermines economic development. Corruption also undermines delivery of public services.13 Corruption flourishes because there are people in power who benefit from the present system. Unfortunately those who benefits from power are also those who have to initiate changes to check corruption. It is, therefore, important for people to play and active role in this regard. The public interest litigation and electronic and print media can be used effectively in shaping public opinion. NGOs can play an active role in taking up individual cases for fighting corruption or bringing about systemic changes. Children in schools may be mobilized to create a social climate for making corruption unacceptable. Schools can reach large numbers of children, and through them, their parents and the community at large.14 Corruption is socially unjust. In legal sense it is abuse of power and in economic sense, it implies plundering of state resources. Corruption violates trust and confidence bestowed upon public bodies by the public. Corruption has two main impacts on the society: firstly, it has distributional impact as it promotes inequality in society by the unjust enrichment of some of

Ssafiqur Rahman Khan, Human Rights and Corruption, Article on International Law Against Corruption, Published in 2007, Published By ELCOP, P-17

Md. Akhteruzzaman, Human Rights and Corruption, Article on Combating Corruption in Bangladesh: A Legal Stady, Published in 2007, Published By ELCOP, P-112. 14

Ibid, P-113.

the people at the expense of wellbeing of vast majority of people. In most cases, poor and most vulnerable people are the direct victims of corruption.15 Secondly, it undermines the credibility and legitimacy in the public institutions and governments. Corruption hinders economic growth and development, and undermines democratic processes. Corruption diminishes the legitimacy of the governmental institutions by shaking public confidence in dealing with the government. Corruption lowers the flow of foreign investment by increasing the cost of doing business. Corruption creates societal instability by sowing the seeds of social and political tensions. It deepens social inequalities, causes unequal distribution of resources, erodes popular confidence in the public institutions, and creates a climate of secrecy. Corruption contributes to the inefficiency to the public administration since main motivation behind corruption is illegal enrichment through abuse of power rather than serving public interest. In this way, corruption impoverishes and degrades the quality of life of mass people. Apart from economic impact of corruption, corruption threatens social value. Corruptions in judiciary and law enforcing agencies have emerged as a stumbling block to realization of human rights and threat to rule of law, democracy and administration of justice.16

2.5 Recommendations for Minimizing Corruption: Corruption is criminal activities; it taints the giver and the taker in equal measure. Corruption has permeated the entire social system in our country. So, alleviating corruption is the prime concern for not only the government but also the nation as a whole. A single measure is not sufficient to remove existing corruption and prevent corruption. So the following measure can be adopted in this regard: 1. Political commitment is the sine qua non to prevent corruption. Democracy is the basic requirement of good governance. At present, democracy is passing miserable days. Long practices confrontational politics and political repression have made democracy paralyzed. But elected and effective parliament can play effective role in preventing and removing corruption. For that reason national consensus and restoration of democracy is needed without making any delay.17

Ibid, P-113.

Dr. Mohammad Johurul Islam, Syed Sarfaraj Hamid Human Rights And Corruption, Article on Alleviating Corruption In Bangladesh: An Agenda For Good Governance, Published in 2007, Published By ELCOP, P-104.

2. Independent and strong judiciary is the most effective safeguard against corruption. Independent judiciary is the indispensable requisite of a free society under rule of law.18 3. Sometimes the National Human Rights Commission can play a role on the work of government officials with its watch dog mechanism. But for the last one decade, the bill relating to establishing NHRC has been pending with the hand of government high ups.19 4. Departmental accountability of the government servant must be ensured.Corruption technology should be quickly introduced in public administration to assist in efforts for ensuring transparency and accountability and reduce red-tapism. Coordination between different departments at the district level should be strengthened. Attendance at the district coordination meetings should be made compulsory for all departmental heads. The local governments should be made stronger and the power of the administration should be effectively decentralized.20 5. Effective parliament can be the vital mechanism against corruption. A special parliamentary standing committee on corruption can be formed headed by an MP from the opposition so that parliamentary control can be effectively ensured against the corruption activities of government officials.

2.6 Global Programme Against Corruption: The Global Programme contributes through programmes and projects that identify, disseminate and apply good practices in preventing and controlling corruption and has produced multiple technical and policy guides, including the Anti-Corruption The United Nations Convention against Corruption (UNCAC) creates the opportunity to develop a global language about corruption and a coherent implementation strategy. A multitude of international anti-corruption agreements exist, however their implementation has been uneven and only moderately successful. The UNCAC gives the global community the opportunity to address both of these weaknesses and begin establishing an effective set of benchmarks for effective anti-corruption strategies. The Global Programme against Corruption (GPAC) is a catalyst and a resource to help countries effectively implement the provision of the UN Convention against Corruption. There are a rapidly growing number of countries that have become parties to the Convention. The primary goal of the Anti-Corruption Unit (ACU)/Global Programme against Corruption (GPAC) is to provide practical assistance and build technical capacity to implement the UNCAC and efforts will concentrate on supporting Member States in the development of 18

Ibid, P-104.

Ibid, P-105

Ibid, P-105.

anti-corruption policies and institutions. This will include the establishment of preventive anti-corruption frameworks.21 A useful conclusion is that corruption is a symptom of deep-seated and fundamental economic, political and institutional weaknesses and shortcomings in a country. To be effective, measures against corruption must therefore address these underlying causes and not the symptoms. Emphasis must thus be placed on preventing corruption by tackling the root causes that give rise to it through undertaking economic, political and institutional reforms. Anti-corruption enforcement measures such as oversight bodies, a strengthened police force and more efficient law courts will not be effective in the absence of a serious effort to address the fundamental causes. Another observation that may be useful to bear in mind is that corruption is most prevalent where there are other forms of institutional weaknesses, such as political instability, bureaucratic red tape, and weak legislative and judicial systems. The important point is that corruption and such institutional weaknesses are linked together and that they feed upon each other. For example, red tape makes corruption possible and corrupt officials may increase the extent of red tape so that they can get more bribes. So, getting rid of corruption helps a country to overcome other institutional weaknesses, just as reducing other institutional weaknesses helps to curb corruption. The main conclusion to be drawn is that undertaking reforms (both economic and political) by reducing institutional weaknesses offers the best hope to overcome corruption. Corruption will not disappear because of reforms. But reforms will bring it under control and minimize its adverse consequences so that the country can proceed with its efforts to become a modern, developed nation with a good chance of attaining that goal.

Chapter - Three Essentials of Good Governance

The concept of "good governance" often emerges as a model to compare ineffective economies or political bodies with viable economies and political bodies. Because the most "successful" governments in the contemporary world are liberal democratic states concentrated in Europe and the Americas, those countries' institutions often set the standards by which to compare other states' institutions Because the term good governance can be focused on any one form of governance, aid organizations and the authorities of developed countries often will focus the meaning of good governance to a set of requirement that conform to the organizations agenda, making "good governance" imply many different things in many different contexts.

Please visit, http://privatethings.multiply.com/journal/item/7,Last Accessed on 04.11.2009.

3.1 Definition of Good Governance: The good governance is the essential element for state. If those things are exist that time that state will be developed. According to former UN Secretary-General Kofi Annan. â&#x20AC;&#x153;Good governance is perhaps the single most important factor in eradicating poverty and promoting development.â&#x20AC;? Recently the terms "governance" and "good governance" are being increasingly used in development literature. Bad governance is being increasingly regarded as one of the root causes of all evil within our societies. Major donors and international financial institutions are increasingly basing their aid and loans on the condition that reforms that ensure "good governance" are undertaken. According to Wikipedia prescribes that, Good governance is an indeterminate term used in development literature to describe how public institutions conduct public affairs and manage public resources in order to guarantee the realization of human rights. Governance describes "the process of decision-making and the process by which decisions are implemented (or not implemented)". The term governance can apply to corporate, international, national, local governance or to the interactions between other sectors of society.22 The World Leaders at the 2005 World Summit concluded that good governance is integral to economic growth, the eradication of poverty and hunger, and sustainable development. The views of all oppressed groups, including women, youth and the poor, must be heard and considered by governing bodies because they will be the ones most negatively affected if good governance is not achieved. For good governance to exist in both theory and practice, citizens must be empowered to participate in meaningful ways in decision-making processes. They have a right to information and to access. Although widespread accessibility remains a barrier for many countries, one of those ways is through Information and Communication Technology (ICT) applications such as the Internet. E-governance has emerged as a viable means to address development issues and challenges because citizens find empowerment through access to

Please visit, http://en.wikipedia.org/wiki/Good_governance, Last Accessed on 22.10.2009.

information. For more on this subject, please see our page on Understanding ICT for Development.23

3.2 Principles of Good Governance: Defining the principles of good governance is difficult and controversial. The United Nations Development Program (UNDP- "Governance and Sustainable Human Development, 1977) 15 has identified five basic principles of good governance, which are as follows: 1. Legitimacy and Voice; Participation – all men and women should have a voice in decision-making, either directly or through legitimate intermediate institutions that represent their intention. Such broad participation is built on freedom of association and speech, as well as capacities to participate constructively. Consensus orientation – good governance mediates differing interests to reach a broad consensus on what is in the best interest of the group and, where possible, on policies and procedures. 2. Direction; Strategic vision – leaders and the public have a broad and long-term perspective on good governance and human development, along with a sense of what is needed for such development. There is also an understanding of the historical, cultural and social complexities in which that perspective is grounded. 3. Performance; Responsiveness – institutions and processes try to serve all stakeholders. Effectiveness and efficiency – processes and institutions produce results that meet needs while making the best use of resources. 4. Accountability;

Please visit, http://issues.tigweb.org/civilsociety, Last Accessed on 22.10.2009.

Accountability – decision-makers in government, the private sector and civil society organizations are accountable to the public, as well as to institutional stakeholders. This accountability differs depending on the organizations and whether the decision is internal or external. Transparency – transparency is built on the free flow of information. Processes, institutions and information are directly accessible to those concerned with them, and enough information is provided to understand and monitor them. 5. Fairness; Equity – all men and women have opportunities to improve or maintain their wellbeing. Rule of Law – legal frameworks should be fair and enforced impartially, particularly the laws on human rights.24

3.3 The Elements of Good Governance: It is not an easy task to determine the components of “good governance”. It has been determined in various ways. Some of the Criteria are given below: (1) According to World Bank, legitimacy, accountability, transparency, lack of corruption, competence and efficiency, decentralization, sustainability, equity, empowerment and participation are some of the criteria considered desirable for evaluating the quality of governance. (2) According to the Commission on Global Governance4 “informal arrangements that people and institutions either have agreed to or perceive to be in their interest”, is governance. (3) According to Huq, et al human governance’’ consists of three components, namely; good economic governance, good civic governance and good political governance. (4) Another important aspect of governance relates to the role of the state. (5) Primacy of low, low and order are the vital components of governance. (6) Parliamentary democracy and its effectiveness, poverty alleviation, responsible media, women empowerment, concept of an ethical of an ethical society, independence of judiciary, a watchful society are some important elements of good governance.25 24

Please visit, http://www.iog.ca/publications/policybrief15.pdf, Last Accessed on 20.10.2009.

Mohammad Johurul Islam, Human Rights and Development, Article on Good Governance in Bangladesh: An Agenda for Development, Published in 2002, Published By ELCOP, P-93.

Development depends upon the entire governance situation of a country and governance depends upon the existence of some factors. For better understanding some of these factors are discussed below in brief: 1. Legitimacy and Rule of Law Basically legitimacy is the principle of rule of low. When the authority fails to treat the common people impartially, it generally loses legitimacy. Because if the government fails to uphold rule of low, human rights would be violated. So for ensuring better governance, government has to prove its legitimacy through maintaining the rule of law.26 2. Accountability Accountability is the vital component of good governance. For good governance, accountability must be ensured. Public officers, both elected leaders as well as civil servants should have accountability. They are to discharge various functions viz., allocate public funds; provide safety and security of the citizens etc. Accountability reduces corruption and assures citizens that their governmentâ&#x20AC;&#x2122;s actions are guided by the needs f society. Civil servantâ&#x20AC;&#x2122;s accountability shall be ensured through the control and supervision by elected functionaries. The elected officials can be accountable by free and fair election, monitoring by the opposition political parties, the civil society, parliamentary committee, public inquiry commission, public opinion etc.27 3. Transparency The functions of the government should be transparent. Transparency means that the continuos sharing of information, sharing of information, decision making and implementation should be open. It is not sufficient that information should simply be made available. It must also be reliable and presented in useful and understandable ways in order to facilitate accountability. Information should be accessible in that every citizen can participate in the debates. Such information helps to ensure a level playing field and encourages the effective participate of all social groups and partnership between different sectors. Transparency makes the institutions and organizations more responsible.28

Ibid, P-94. Ibid, P-94. Ibid, P-94.

4. Decentralisation Decentralisation of Administration is another important element of good governance. Delegation of power may ensure good governance. Delegation includes the transfer of functions to regional or functional development authorities, parastatal organization or special project implementation units on the understanding that they would operate relatively free of central government regulations concerning personnel recruitment, contracting, budgeting, procurement and other matters and they would act as agents for the state in performing prescribed functions, with ultimate responsibility for them remaining with the central government. Decentralisation provides the following benefits, (i)

It ensures better results in development programmes and

projects;

(ii)

It increases peopleâ&#x20AC;&#x2122;s participation;

(iii)

It ensures efficient delivery of services;

(iv)

It helps to mobilize local resources;

(v)

It engenders lower level democracy;

(vi)

It enhances coordination;

(vii)

It promotes equity;

(viii)

It increases the flow of information bottom up;

(ix)

It enhances the responsiveness of the central government to citizen demands and

interests; (x)

It maintains political stability and

(xi)

It provides education and training in political leadership.

In our country, local government bodies have been setup from the concept of Decentralisation. But lack of powers and strict control over local government bodies make

the Decentralisation weak. By strengthening the local government bodies, we can get the above benefits.29 5. Lack of Corruption Corruption is one of the main barriers for development in our country. It is also an impediment to ensure good governance. Corruption may be defined as abuse of public power for private gain. It is not confined to bribery, but can assume a number of other forms such as nepotism, patronage, pillaging of organizational assets, distortion of organizational expenditure, cronyism etc. The invisible amount of money which goes to corrupt pockets, would have made our country developed. It is found from a statistics that in the last seven years (1994-2001), around 15,000 (fifteen thousand) core taka has been misappropriated by 24 ministries and government agencies.30 6. Empowerment and Participation Good governance depends on the existence of participatory process. The effective participation of the people of all classes can ensure national development. About half of our people are women. Besides, we have some ethnic or indigenous people. Some of the sasses in the society including women are far away from the participation in national development. The entire development depends upon the proper empowerment and the backward sections will be deprived of getting development benefit if they are not properly empowered. Empowerment means the organized efforts to increase control over resources and regulative institutions in given social situation on the part of group or movements for those hitherto excluded form such control. Participation is closely related with the concept of equality. Equality means all persons (men, women, poor or rich) have equal rights to improve and to maintain their wellbeing. Participation is of different types, viz., political participation, participation as to government service, participation of decision-making etc.31 7. Law and Order Law and order is becoming pivotal not only to good governance but also to state management. Law and order is the precondition of social justice and the pre-requisite for development. In the recent time, detraction of low and order is one of the barriers on the way to development. Rape, killing, acid throwing, kidnapping, snatching etc. are the matters of daily life. Many factors are responsible for worsening of the law and order situation the terrorist activities are now spreading fast of all over the country. All the post governments reportedly expressed their concerns over terrorism. We can answer why as non-democratic societies with poor economies are breeding centers for growths of terrorism. Non-observance of democratic norms by the political practical parties makes their leaders dependent on 29

Ibid, P-94.

The comptroller and Auditor Generalâ&#x20AC;&#x2122;reports, The daily Star Report on 04 February 2002, Dhaka,P.1, cul-2.

Mohammad Johurul Islam, Human Rights and Development, Article on Good Governance in Bangladesh: An Agenda for Development, Published in 2002, Published By ELCOP, P-93.

henchman for supporting their interests within and outside the party leadership. In the present context, nobody is free from danger. Journalists, teachers, businessmen, service holders, all are passing their days under the continues threat of terrors. Because of terrorism, maximum development activities including foreign aided development programmes have been stopped. So it urgent to improve law and order situation for accelerating the growth of development.32

3.4 The Necessities of Good Governance: It was once the case that development discourse revolved around the narrow confines of macro-economic indicators â&#x20AC;&#x201C; economic growth. Other constitutive and holistic dimensions were not prominent. Even the limited discourse on governance revolved around the efficiency of the bureaucrats within the public realm, almost in a self contained manner. The state centric modality, precluded the growth and expansion of the civil society, and hence the political space was limited. Good governance is grounded on certain predicates, which are, that: citizens and their governments do enter into a compact in which the citizens of any polity expect returns from their rulers for the enormous power vested in the government. They expect the government to respond to their material and non-material needs through a systematic process of accountability, transparency and checks and balances. Part of this compact involves the creation of a participatory system of democratic governance, under-girded by peace and security and the rule of law and the development of institutions and institutional norms which will be capable enough to produce sound economic- macro and micro- policies and management. The expectations are that this compact will significantly lead to poverty reduction. In a way, good governance is an imperative for development. (UNECA, 2001). The emphasis on democratic governance is recognition of its overarching importance and the principal enabler of good governance in general. Without the umbrella of democratic governance, the other subcomponents or constitutive elements of good governance will become problematic, if not unattainable. What are these other constitutive elements? They are administrative governance, which essentially looks at institutional capacities, effectiveness and accountability and economic management, and corporate governance. These constitutive elements present a more holistic or comprehensive dimensions of good governance. We shall return later to the other constitutive dimensions of the triad and explore further the dimension of political governance. The latter deals mainly with the issue of empowerment and participation of the populace, all social groups in decision making that affect their lives. Political governance ensures that political representation is not merely symbolic, but substantive and sustainable: constitutionally guaranteed rights to open and credible competitive mechanisms for political representation, electoral laws that guarantee the rights of all social groups (gender, minorities) to fully participate and be adequately represented in all the organs and hierarchies of decision making; a decentralized political system allows for local governance and decision making and transparency of the electoral process which 32

Ibid, P-96

ensures that, citizens accept electoral outcomes. This ensures peace and stability and minimizes the likelihood of conflict. It also ensures the legitimacy and sustainability of the political framework and the state. Legitimacy is an important component of a capable state. Since governance is also about the authoritative exercise and use of power to engender all sorts of human endeavors (economic, social and political), through state and non state institutions, the capable state becomes a central conduit in enabling the private sector and the civil society to participate fully in development. The Capable state is not possible without the other subcomponent of governance, which is administrative governance. The importance of capable institutions necessary for the effective functioning of both state and non-state actors in improving the socio-economic and political conditions of citizens cannot be overemphasized. Institutional effectiveness and Accountability are central to good governance. The capacity of the state to become responsive to citizens demands will depend in large measure on the effectiveness of institutions. The latter takes into cognition the fact that; some aspects of poor governance may be related to weak institutional capacity. This will make it possible to identify gaps in capacity and therefore assist African leaders to initiate requisite capacity building interventions. The indices for institutional effectiveness, among others, are the following: respect for the rule of law by all the actors in the political process, independence and capacity of the judiciary, the mechanisms for self-regulation and external oversight of the activities of the executive and legislative organs, transparency, accountability of oversight bodies, mechanisms for the active participation of the civil society and the private sector in decision making, the extent and degree of de-centralized structures and decision making, gender representation in all spheres of decision making, effective service delivery mechanisms for service delivery to the poor and the capacity and independence of the legislatures in drafting and enacting relevant legislation.33

3.5 Towards Ensuring Good Governance: Good governance holds the key for national development and it changes with time and expectations of the people. For good governance following should be ensured: Administrative reforms are essential for good governance. Restructuring of entire administrative system is the need of hour. A committed, disciplined, dignified, efficient and motivated civil service is a sine qua non for good governance. The public officials are expected to be fearless, honest and impartial in the performance of their duties and responsibilities. But coming to power, the political parties are used to politicize the bureaucrats. As a result, there is no transparency and accountability in the administration. But transparency prevents corruption. So a comprehensive reform of the bureaucracy with special focus on its depoliticisation would no doubt make a significant contribution to the nations stride for building a truly democratic society and promoting good governance. It is better to mention that few years ago, a Public Administrative Reform Commission had been formed and later the Commission placed some recommendations for ensuring effective administration. But the recommendations have not yet been implemented. So, it is needed to 33

Please visit, www.un.org/special-rep/ohrlls/ldc/.../Good%20governance.pdf, Last Accessed on 13.10.2009.

implement the recommendation of the Public Administrative Reform Commission for ensuring transparency and accountability of the whole administration. Besides, the much talked Official Secrets Act should be repealed for ensuring bureaucratic transparency.34 Good governance may be ensured by strengthening the local government bodies and ensuring local governance. Participation in the decision-making is one of the vital agenda for development and it can make the governance good. We need democratic institutions at the grass root level is that the concerned people can participate in local governance. Strong local government can uphold the democratic process and can play vital role to alleviate poverty. Democracy will not be consolidated if local governments are not effective.35 We need comprehensive as well as independent judiciary for ensuring rule of law. Independence of judiciary is the precondition of rule of law. There is no liberty, if the judicial power is not separated from the legislative and executive. Rule of law requires that the Government should be subject to the law, rather than the law being subject to the government Rule of law ensures individuals civil and political rights. Rule of law requires the fulfillment of certain economic, social and cultural rights. It also requires the power of judicial over administrative action. Judicial review comprises the power of a court to hold unconstitutional and unenforceable any law or order based upon such law or any other actions by a public authority which is inconsistent or in conflict with the basic law of the land. The deject of judicial review is to ensure that the authority does not abuse its power and the individual receives just and fair treatment and not to ensure that the authority reaches a conclusion which is correct in the eye of law. Judicial review aims to protect citizens from abuse or misuse of power by any branch of the state.36 Effective Parliament is the sine qua non of good governance. We have passed the period of twelve years of parliamentary democracy. The common citizens have haven their verdict through elections. But from the very beginning, the accountability of both the ruling and opposition parties has not been ensured. Though there are enough scopes to ensure governmentâ&#x20AC;&#x2122;s accountability in the parliament, continuous absence of the opposition have made the parliament ineffective. Parliament is the centre from where the citizens can be informed. But due to lack of effective parliamentary deliberation, people are remaining ignorant.37 Appointment of Ombudsman is the much-talked agenda for the last two decades as the Ombudsman acts as the defender of the citizenâ&#x20AC;&#x2122;s rights. In a modern state, the administrative authority has to perform multifarious activities. In this connection, they exercise vast powers. Sometimes, these powers tend to become corrupt and peopleâ&#x20AC;&#x2122;s rights are violated. For 34

Mohammad Johurul Islam, Human Rights and Development, Article on Good Governance in Bangladesh: An Agenda for Development, Published in 2002, Published By ELCOP, P-96. 35

Ibid, P-96.

Ibid, P-97

protecting the people from such mal-administration, the institute of ‘Ombudsman’ is a necessity. Ombudsman is the “watchdog” of the administration and the protector of the ‘little man’ against arbitrary administrative discretion by investigating complaints of individuals concerning grievance against a government agency. The Office of the Ombudsman could play important role for ensuring good governance and rule of law.38 Establishment of Independent Human Rights Commission is a dire need to protect and to promote human rights in the domestic level. Sustainable development is possible, when the development is by way of protecting and promoting human rights.39 The contribution of the civil society in the field of socio-economic development is undeniable. The civil society has pivotal role in establishing good governance. The members of the civil society give their intellectual directions so that the nation can find the path of development. They can play an effective role to uphold democracy. They have moral responsibility to the nation.40 Perfect role of media can establish good governance. As government’s electronic media has failed to meet the people’s demands, some non-government electronic media are meeting such demand. Pen if the journalist may be the sword against terrorism and corruption. Their investigative report can make the administration transparent and accountable. So, all of the media should have to take responsibility for establishing good governance. Independent anti-corruption body is the pre-requisite for establishing good governance. The Bureau of Anti-Corruption cannot play proper role in this regard because this department works under the direct supervision of the Prime Minister’s office and naturally this departments does not take action against the same political government. So for the better governance and ensuring transparency and accountability, independent Anti-Corruption department should be established soon.41 From the above discussion it should be clear that good governance is an ideal which is difficult to achieve in its totality. Very few countries and societies have come close to achieving good governance in its totality. However, to ensure good governance, actions must be taken to work towards this ideal with the aim of making it a reality.

Ibid, P-97

Ibid, P-98

Ibid, p- 98.

Chapter-Four History and Evolution of Human Rights

Human Rights as contained in the International Bill of Human Rights, enjoying the status of International Law is the International and national standard of all aspect of the human behaviour. It is the Charter of Rights for mankind and so any violation of human right anywhere is the concern of everybody everywhere. The view has been confirmed by the recent world conference on Human Rights in the Vienna Declaration 1993, where it has been said that the human rights are universal, indivisible, interdependent and interrelated. When enacted into law of any country the human rights become fundamental rights of the citizen of the country.

4.1 Definition and Concept of Human rights: Broadly speaking human rights may be regarded as those fundamental and inalienable rights which are essential for life as human being. Human rights are the rights which are possessed by every human being, irrespective of his or her nationality, race, religion, sex, etc, simply because he or she is a human being. Human rights are those rights which are inherent in our nature and without which we can not live as human beings. Human rights and fundamental freedoms allow us to fully develop and use our human qualities, our intelligence, our talents, and our conscience and to satisfy our physical, spiritual and other needs. They are based on mankindâ&#x20AC;&#x2122;s increasing demand for a life on which the inherent dignity and worth of each human being will receive respect and protection.42 As human being every man or woman has some basic rights which are required to exploit their physical and mental faculties. These rights are indispensable and inviolable, no one is supposed to take away these rights from any individual. These rights are so basic and fundamental that any man or woman gets these tights from his/her birth and in every stage of life they are required for meaningful existence of human life.43 42

Dr. S. K. Kapoor, International law and Human Rights, Fifteenth Edition, Published by Central Law Agency, P-770

Sheikh Hafizur Rahman Karzon, Human Rights And Development, Article on-Development And Human Rights: Bangladesh Perspective Published in 2002, published By ELCOP, .P-84

Human rights refer to the "basic rights and freedoms to which all humans are entitled." examples of rights and freedoms which have come to be commonly thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the law; and economic, social and cultural rights, including the right to participate in culture, the right to food, the right to work, and the right to education. According to article 1 of the United Nations Universal Declaration of Human Rights (UDHR), “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.”44 Human Rights and fundamental freedoms allow us to fully develop and human qualities, our intelligence, our talents and our conscience and to satisfy our spiritual and other needs. They are based on mankind’s increasing demand for a life in which inherent dignity and worth of each human being will receive respect and protection. What we call human rights are contained, as said earlier, in the International Bill of Human Rights which has three distinct but co-ordinate parts: (1)Universal Declaration of Human Rights; (2)International Covenant on Economic, Social and Cultural Rights; (3) International Covenant on Civil and Political Rights and Optional Protocol. The first was declared by the United Nation in 1948, and the latter two in 1966 and after getting the ratification of the two Covenants by the required member of the state parties they entered into force in 1976.45 Human rights are described in the Universal Declaration of Human Rights and in the various treaties (also called “covenants” and “conventions”), declarations, guidelines and bodies of principles elaborated by the United Nations and by regional organizations. They include a broad range of guarantees, addressing virtually every aspect of human life and human interaction. The rights guaranteed to all human beings include: Freedom of association, expression, assembly and movement; Some examples of human rights are follows:46

Please visit, http://en.wikipedia.org/wiki/Human_rights, last accessed on 6.10.2009

Tuhin Malik, Human Rights Law,A Manual on Human Rights Training Programme for lawyers. Article on-The International Bill Of Human Rights And Bangladesh - Justice Kamaluddin Hossain, Former Chief Justice of Bangladesh, Published in 1998, Published By Legal Education & Training Institute Bangladesh Bar Council, P-27. 46

Please visit: www.ohchr.org/Documents/Publications/training5Add2en.pdf, last accessed on23.10.2009

1. Right to life; 2. Freedom from torture and cruel, inhuman or degrading treatment or punishment; 3. Freedom from arbitrary arrest or detention; 4. Right to a fair trial; 5. Freedom from discrimination; 6. Right to equal protection of the law; 7. Freedom from arbitrary interference with privacy, family, home or correspondence; 8. Right to asylum; 9. Right to nationality; 10. Freedom of thought, conscience and religion; 11. Right to vote and to take part in government; 12. Right to just and favourable working conditions; 13. Right to adequate food, shelter, clothing and social security; 14. Right to health; 15. Right to education; 16. Right to participate in cultural life.

Key to Short Titles for Human Rights Instrument; The Human Rights Instrument is domestic, regional and international, designed to promote human rights which is binding to its parties (nation-states that have ratified the treaty). The key to short titles for Human Rights Instrument are given below:47 1. UDHR- Universal Declaration of Human Rights 2. ICCPR- International Covenant on Civil and Political Rights 3. Code of Conduct- United Nations Code of Conduct for Law Enforcement Officials 4. Principles on Force and Firearms- Basic Principles on the Use of Force and Firearms by Law Enforcement Officials 5. ICERD -International Convention on the Elimination of All Forms of Racial Discrimination

Please visit, www.ohchr.org/Documents/Publications/training5Add2en.pdf, last accessed on23.10.2009.

6. CEDAW- Convention on the Elimination of All Forms of Discrimination against Women 7. CRC -Convention on the Rights of the Child 8. SMRTP -Standard Minimum Rules for the Treatment of Prisoners 9. Principles on Detention or Imprisonment -Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment 10. Beijing Rules- United Nations Standard Minimum Rules for the Administration of Juvenile Justice 11. Declaration on Enforced Disappearance- Declaration on the Protection of All Persons from Enforced Disappearance 12. Principles on Summary Execution- Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions 13. Torture Convention -Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 14. Victims Declaration -Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 15. First Geneva Convention- Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field 16. Second Geneva Convention- Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 17. Third Geneva Convention -Geneva Convention relative to the Treatment of Prisoners of War 18. Fourth Geneva Convention- Geneva Convention relative to the Protection of Civilian Persons in Time of war 19. Protocol I- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflict 20. Protocol II- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts 21. JDL Rules- United Nations Rules for the Protection of Juveniles Deprived of their Liberty 22. Declaration on Discrimination against Women- Declaration on the Elimination of Discrimination against 23. Women

24. Declaration on Violence against Women- Declaration on the Elimination of Violence against Women 25. Refugee Convention -Convention relating to the Status of Refugees 26. Declaration on Non-Nationals -Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live 27. Tokyo Rules- United Nations Standard Minimum Rules for Non-custodial Measure

4.2 History of Human Rights: Though the concept of human rights is very old going back to Greek philosophers, the human rights concept as understood today could be traced to the famous Atlantic Charter declaration during the course of Second World War by a joint statement of President Roosevelt and Prime Minister Churchill, which contained among others the right of all peoples to choose the form of government under which they will live. After the final destruction of Nazi Tyranny they hoped to see established a peace which will afford all nations the means of dwelling in safety within their own boundaries and which will afford assurance that all the men in all lands live out their lives on freedom from fear and wants. The next and all important international instrument came on 1945, just after the defeat of Axis Power and the conclusion of war, when the State representative of the Victorious Powers with some of the new countries met in San Francisco, USA and adopted the Charter of the United Nations, and thus brought into existence the international body of almost all the independent states of the world. This Charter following the Atlantic Charter declaration proclaimed the sovereign equality of all nations and solving all disputes among the States by peaceful means, and in addition provided two articles which should be quoted in material particulars, they are Articles 55(c) and 56: Article 55: With a view to the creation of condition of stability and well being which are necessary for peaceful friendly relations among nations based of respect for the principles of equal rights and self-determination of peoples, the United Nations shall promote; (c) Universal respect for and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. Article 56:

All members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55. Pausing here, it may be stated that by virtue of these two articles, all member states, apart from obligations arising otherwise, undertake an obligation of international accountability by pledging themselves to take joint and separate actions in protecting and promoting among others the purposes contained in International Bill of Human rights. No number state of the United Nations can deny this international responsibility to which it is pledge bound. There was a proposal to identify and articulate various aspects of human rights, political, economic and social and cultural, but since all the then big powers, especially Soviet Union was in disagreement on some of them, it was decided that a committee, which was headed by Eleanor Roosevelt will thoroughly go into the matter and give a separate body of principle to be adopted by the United Nation, attracting of Human Rights adopted on December 10, 1948.48

4.3 Human Rights Violations: Human rights violations occur when any state or non-state actor breaches any part of the UDHR treaty or other international human rights or humanitarian law. In regard to human rights violations of United Nations laws. Article 39 of the United Nations Charter designates the UN Security Council (or an appointed authority) as the only tribunal that may determine UN human rights violations. Human rights abuses are monitored by United Nations committees, national institutions and governments and by many independent nongovernmental organizations, such as Amnesty International, International Federation of Human Rights, Human Rights Watch, World Organisation Against Torture, Freedom House, International Freedom of Expression Exchange and Anti-Slavery International. These organisations collect evidence and documentation of alleged human rights abuses and apply pressure to enforce human rights laws. Only a very few countries do not commit significant human rights violations, according to Amnesty International. In their 2004 human rights report (covering 2003), the Netherlands, Norway, Denmark, Iceland and Costa Rica are the only countries that did not violate at least some human rights significantly. Wars of aggression, war crimes and crimes against humanity, including genocide, are breaches of International humanitarian law and represent the most serious of human rights violations.49

Tuhin Malik, Human Rights Law,A Manual on Human Rights Training Programme for lawyers. Article on-The International Bill Of Human Rights And Bangladesh - Justice Kamaluddin Hossain, Former Chief Justice of Bangladesh., Published in 1998, Published By Legal Education & Training Institute Bangladesh Bar Council, P-28

Please visit, http://en.wikipedia.org/wiki/Human_rights, last accessed on 6.10.2009.

4.4 Protection of Human Rights under U.N Charter and Universal Declaration of Human Rights: a) Protection of human rights under U.N Charter: Human rights would occupy a significant Chapter in any story of the U.N. Their place in the original conception of the U.N is underlined in the Charter and there are as many as seven references in the Preamble; among purposes of the U.N (Article. 1.3); among the responsibilities of General Assembly [Article 55(c)] ; among the objectives of the International Economic Co-operation [Article 13 (2)]; among the functions of the ECOSOC [Article 62 (2)] as a responsibility of one ECOSOC’s Commission (Article 68); and among the objectives of the Trusteeship system [Article 76(c)]. The provision of the U.N. Charter concerning human rights provide a foundation for and an impetus to further improvement in the protection of human rights. They indicate the wide possibilities of the international recognition of human rights.50 Firstly, Article 1 provides that it is one of the purposes of the U.N. “to achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.” Thus promotion of respect for human rights on the same level as the maintenance of international peace and security as a purpose of the U.N. Secondly, it is one of the responsibilities of the General Assembly to initiate studies and make recommendation for the purpose of “promoting international co-operation in the economic, social, cultural, education and health fields, and assisting in the realization of human tights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Thirdly, with a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect, for the principle of equal rights and self-determination of people. Article 55 charges the U.N. to promote “universal respect for and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. 50

Dr. S. K. Kapoor, International law and Human Rights, Fifteen Edition, Published by Central Law Agency, P-771.

Fourthly, the Charter of the U.N. has empowered the Economic and Social Council to make recommendations for the purpose of promoting respect for, and observance of human rights and fundamental freedom for all. Fifthly, the Charter imposes upon the Economic Council the responsibilities, to “set up commissions in economic and social field for the promotion of human rights, and such other commission as may be required respect for the performance for its functions.” Sixthly and lastly, one of the basic objectives of the trusteeship in accordance with the purposes of the U.N. laid down in Article 1 of the Charter, shall be to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion to encourage of the interdependence of the peoples of the world.51 In this way, the provisions of the U.N. Charter concerning human rights create obligation on the members for the protection of human rights. b) Protection of human rights under Universal Declaration of Human Rights: The Universal Declaration of Human rights was adopted by the General Assembly by a vote of 48 to nil with eight abstentions. The Declaration has been hailed “as an historic event of the profound significance and as one of the greatest achievements of the United Nations.” When the Universal Declaration of Human rights was adopted, it was a most eloquent expression of hope by a world emerging from the most devastating war in the history of human race. The experience gave the Universal Declaration a momentum that is reflected in the boldness of this document destined for a world of peace where the rights to live in peace has become a reality for all.52 The preamble of Universal Declaration of Human rights prescribe about the protection of human rights, such as follows: Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of the freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous 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 aspirations of the common people, 51

Ibid, P-772

Ibid, P-777

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort to rebellion against tyranny and oppression, that human beings should be protected by the rule of law, Whereas it is essential to promote the development of friendly relation between nations, Whereas 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, Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observation of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now therefore, the General Assembly proclaims this Universal Declaration of Human Rights as a common standard of achievement for all people, and of all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect of these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.53 So, it can be say that, the U.N. charter and the Universal Declaration of Human Rights represent a significant advancement so far as faith in and respect for human rights and enlightened the nations around the world for protection of human rights.

4.5 The Human Rights Approach to Development: If development depends upon policy and just in the spontaneous play of market forces, then any approach that facilitates, if not ensures, more than another the formation, adoption, and implementation of appropriate policies to realize the objectives of development would be regarded as superior. When development is seen as a human right, it obligates the authorities, both nationally and internationally, to fulfill their duties in delivering (or, in human rights language, promoting, securing, and protecting) that rights in a country. The adoption of appropriate policies follows from that obligation. Nationally, the government must do everything, or must be seen as doing everything to fulfill the claims of a human right. If the 53

Ibid, P-778

rights to food, education, and health are regarded as component of a human right to development, the state has to accept the primary responsibility of delivering the right either on its own or in collaboration with others. It has to adopt appropriate policies and provide for the required resources to facilitate such delivery because meeting the obligation of human rights would have a primary claim on all the resources-physical, financial, or institutional-that it can command. Internationally, states other than where the rights-claimants reside, if they are party to the international agreement recognizing those rights, would also have the obligation to do everything possible to help in delivering those rights. The Declaration on the Right to Development and the Vienna Declaration have spelled out the international obligations to cooperate for realizing these human rights which belong to individuals as human beings irrespective of their residence, citizenship, nationality, or religion. But even without these relatively recent Declarations, the Charter of the United Nations enjoins upon them the duty to cooperate in fulfilling human rights. They are supposed to adopt international policies and set aside resources for the purpose of realizing these rights.54 So, development is necessary for human rights so that it can be obligatory for all the nations and if the appropriate policy for human right is taken, the claims of the people for ensuring human rights can be fulfilled. A conclusion is that the State is obliged to protect right holders against other subjects by legislation and provision of effective remedies. This obligation requires the State to take measures to protect beneficiaries of the protected rights against political, economic and social interferences. Protection generally entails the creation and maintenance of an atmosphere or framework by an effective interplay of laws and regulations so that individuals will be able to freely realize their rights and freedoms. This is very much intertwined with the tertiary obligation of the State to promote the enjoyment of all human rights. The State should make sure that individuals are able to exercise their rights and freedoms, for example, by promoting tolerance, raising awareness, etc. The last layer of obligation requires the State to fulfill the rights and freedoms it freely undertook under the various human rights regimes. It is more of a positive expectation on the part of the State to move its machinery towards the actualization 54

Arjun Sengupta, Human Rights and Development, Article on -The Right to Development as a Human Right, Published in 2002, Published By ELCOP, P-203.

of the rights. This is intertwined with the duty to promote. Thus, States are generally burdened with the above set of duties when they commit themselves under human rights instruments.

Chapter â&#x20AC;&#x201C;Five The Connectivity between Corruption, Good Governance and Human Rights

5.1 Link between Corruption and Human rights: The links between corruption and human rights on the assumption that, if corruption occurs where there is inclination and opportunity, a human rights approach may help to minimize opportunities for corrupt behaviour and make it more likely that those who are corrupt are caught and appropriately sanctioned. A human rights approach also focuses attention on people who are particularly at risk, provides a gender perspective, and offers elements of guidance for the design and implementation of anti-corruption policies. If corruption is shown to violate human rights, this will influence public attitudes. When people become more aware of the damage corruption does to public and individual interests, and the harm that even minor corruption can cause, they are more likely to support campaigns and programmes to prevent it. This is important because, despite strong rhetoric, the political impact of most anticorruption programmes has been low. Identifying the specific links between corruption and human rights may persuade key actors â&#x20AC;&#x201C; public officials, parliamentarians, judges, prosecutors, lawyers, business people, bankers, accountants, the media and the public in general â&#x20AC;&#x201C; to take a stronger stand against corruption. This may be so even in countries where reference to human rights is sensitive. Human rights standards, as established in major international treaties and domestic legislation, impose obligations on states. Focusing on specific human rights will help to identify who is entitled to make claims when acts of corruption occur and who has a duty to take action against corruption and protect those harmed by it. A clear understanding of the

practical connections between acts of corruption and human rights may empower those who have legitimate claims to demand their rights in relation to corruption, and may assist states and other public authorities to respect, protect and fulfill their human rights responsibilities at every level.55

5.2Corruption as a Violation of Human Rights: Corruption has widespread consequences for human rights and produces human rights violations, both directly and indirectly. When people have to pay bribes to access food, health-care, housing, property, education and jobs basic human rights are clearly violated. In many developing countries ordinary citizens have to routinely bribe unscrupulous government workers, such as personnel at schools, hospitals and municipal offices on order to access to such basic rights or other public services already paid for in taxes and government fees. These petty corruption affects the enjoyment of the basic human rights of the people living in poor countries to health and education in a vary harmful way. Grand corruption often affects human rights on the same way. In countries where the most basic rights to health, education and security are limited, under pressure or even non-existent, public resources that should be financing civic services for citizens frequently find their way to the private bank accounts of corrupt officials. It is, for example, estimated that Mohamed Suharto, president of Indonesia 1967-1998, embezzled US$ 15 to 35 billion and bankers have estimated that US$ 20 billion is held in the private Swiss bank accounts of African leaders alone.56 Corruption does not, however, only produce violations of economic, social and cultural rights. In many cases it also threatens civil and political human rights and leads to all kinds of violations of those rights. Corrupt governments, for example, often try to cling to power to protect their privileges and the grand corruption opportunities that their governing positions give them. Under such conditions governments tend to violate all kinds of civil and political rights, such as the right to a fair trial, the rights to privacy, freedom of expression and freedom of association and even the right to life and the right not to be tortured.57 55

Please visit, http://www.ichrp.org/files/reports/40/131_web.pdf, last accessed on 18.11.2009.

Shafiqur Rahman Khan, Human Rights and Corruption, Article on International Law Against Corruption, Published in 2007, Published By ELCOP, P-21. 57

Ibid

Corruption is, however, not only leading to human rights violations on countries which are governed by repressive governments. There are also serious problems in many democratic countries. Corruption in relations to the judiciary can, for example, obviously lead to violations of the human rights to a fair trial and be a threat to the rule of law. Political corruption is, in many cases, a serious threat to the meaningful enjoyment of political human rights and fevouritism and discrimination in recruitment to the civil service usually involves some kind of discrimination and can, for example, be in contravention of the human right to access on general terms of equality to the public service. In an environment where the government is interfering with the media in an unreasonable way journalists tend to apply self-censorship to protect their jobs. This can obviously be a threat to the freedom of expression.58

5.3 Human rights as Preventive Measures to Prevent Corruption: If weak human rights protection may create opportunities for corruption, policies that promote human rights may prevent corruption. The ICHRPâ&#x20AC;&#x2122;s second report will examine prevention in more depth and will explore the points of entry for applying human rights in anti-corruption programmes. The right to freedom of expression, assembly and association, these rights enable participation and are vital to efforts to combat corruption. Where governments permit information to flow freely, it should become easier to identify and denounce cases of corruption. However, since reporters and editors can also be bribed, protection of this right is not enough. Governments should also guarantee conditions for a diversity of independent media and protect the political independence of public service media. In the absence of a tradition of respect for freedom of expression, weak media are unable to expose corruption without exposing themselves to defamation lawsuits or risks to their personal security. Protection of the freedom to form and affiliate to formal and informal associations, such as human rights organizations, is also a vital element of anticorruption efforts. In case of political rights, where these rights are not effectively protected, opportunities for corruption increase. Low political participation creates conditions for impunity and corruption. The effective exercise of political rights counterbalances state power and its abuse, including corruption. In this regard, a gender-sensitive approach is 58

Ibid

important. As discussed, women are disproportionately affected by corruption and policies should guarantee their participation in decision-making.59 If human rights are threatened and violated by corruption, respect for human rights can be a powerful tool in fighting corruption, human rights standards, such as those requiring equal access to public service, the independence and impartiality of the judiciary and fair trial are clearly relevant to accountability and anti- corruption efforts. It can even be argued that the mechanism that is needed to prevent and control corruption is first and foremost the realization of a series of civil and political rights, i.e. an independent and impartial judiciary, freedom of expression and information, freedom of association and free NGOs and public opinion and free elections. A media which is free to investigate and report on cases of corruption, not least when influential politicians are involved, is a very powerful tool to put pressure on the authorities to act and to encourage the general public to demand that the corrupt will be made accountable. An independent judiciary, where the appointments of judges are merit based and the judges are given adequate salaries and necessary protection from interference or threats by the executive, politicians and other external parties, is also instrumental in the implementation of anti-corruption regulations and to ensure accountability. It must be kept in mind that if the right balance is not found anti-corruption efforts can lead to violations of certain other human rights of those suspected to be corrupt, such as the right to be presumed innocent and the right to a fair trial. The importance of finding the right balance in the fight against corruption has been realized by Transparency International, which insists that efforts to combat corruption must always respect fundamental human rights.60 A state is responsible for a human rights violation when it can be shown that its actions (or failure to act) do not conform with the requirements of international or domestic human rights norms. To determine whether a particular corrupt practice violates a human right, therefore, it is first necessary to establish the scope and content of the human rightâ&#x20AC;&#x2122;s obligation in question and whether it derives from domestic law, international treaty, custom, or general principles of law. In this report we focus on obligations that states have voluntarily assumed because they have ratified international human rights treaties. Human rights obligations apply to all branches of government (executive, legislative and judicial) at all levels (national, 59

Please visit, http://www.ichrp.org/files/reports/40/131_web.pdf, last Accessed on 18.11.2009.

Shafiqur Rahman Khan, Human Rights and Corruption, Article on International Law Against Corruption, Published in

2007, Published By ELCOP, P-22.

regional and local). According to human rights jurisprudence, an act (or omission) is attributable to the state when committed, instigated, incited, encouraged or acquiesced in by any public authority or any other person acting in an official capacity. From an anticorruption perspective, it is interesting to note that the UNCAC has a broad understanding of “public official” which includes “any person who performs a public function or provides a public service as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party” (UNCAC, Article 2).61

5.4 Link between Corruption and Good Governance: Existence of corruption in the society is the indicative of bad governance which hinders the development of a nation. There is a link between corruption and governance. Corruption takes place in such a condition where governance fails and this failure of governance or bad governance paves the way for misuse of decision making power towards corruption. The failure of governance is usually referred to the public officials of the country where corruption takes place. Corruption affects the legitimate rights of the citizens and creates a large gap between rulers and citizens. It also corrodes the legitimacy of the democratic systems of governance. Corruption ids generally known as evil, some call it cancer and recently it is called ‘AIDS of Democracy’. It is a social, political and economic disease that affects and impedes economic development.62 It has increasingly been realized by the international community that corruption and governance are closely linked. Corruption makes it more difficult for governments to form and carry out coherent policies; to respond to citizen’s needs and to use resources in effective ways. From the citizen’s point of view, corruption can render official procedures unpredictable, slow, expensive and arbitrary. Therefore corruption ultimately results in a decrease in the trust of the public towards the state. An environment characterized by poor governance offers greater incentives and more scope for corruption. It can even be argued that corruption is “in fact the single Achillies’ heel of all levels of governance, thus making anti-corruption the absolute and necessary core of all successful governance system.” It is recognized that no system of government and administration is immune to corruption and democracy per se does not bring an end to corruption. Under democracy corruption sometimes merely takes new forms, e.g. becomes more decentralized instead of being concentrated in the head of state and his family. And political corruption can obviously be a threat to democracy, e.g. election rigging and corrupt financing of political parties and campaigns. Some people even consider that corruption now of the most serious threats to the stability of democratic institution. It is therefore vital to contain corruption to defend and 61

Please visit, http://www.ichrp.org/files/reports/40/131_web.pdf, last Accessed on 18.11.2009

Dr. Mohammad Johurul Islam and Syed Sarfaraj Hamid, Human Rights and Corruption, Article on Alleviating Corruption in Bangladesh: An Agenda for Good Governance, Published in 2007, Published By ELCOP, P-95.

promote democracy. This is particularly important in emerging democracies because if it isn’t done a large number of people can become disillusioned and start to miss the old undemocratic political system. Those close links between governance and corruption have been realized by the major international financial institution, such as the World Bank (WB), United Development Programme (UNDP) and the International Monetary Fund (IMF). Those organizations approach the issue of corruption as a governance issue. They, and many bilateral aid agencies and regional development banks, as well, have adopted guidelines on good governance and corruption and increasingly basing their aid and loans on the condition that reforms ensuring god governance are undertaken. Those institutions are, however, primarily concerned with economic development and their focus is there on the economic aspects of governance.63

5.5 Measures for Improve Governance and Reduce Corruption: Reducing corruption and improving governance requires a system of checks and balances in societies that restrain arbitrary action by politicians and bureaucrats and foster the rule of law. Institutional arrangements that diffuse power and promote accountability and transparency are key to a system of checks and balances. Furthermore, the recent work on ‘state capture’ highlights the need to place checks and balances on the ‘elite’ corporate sector through promoting a competitive market economy. Another salient feature of a strategy would include a meritocratic and service-oriented public administration. Civil society oversight and participation in the decision-making and functioning of the public sector have been a crucial counterweight and instrument to combating corruption and improving governance. This involves making the state transparent to the public and empowering the citizenry to play an active role. Countries such as the Nordics have been in the forefront in transparency reforms. But public -sector culture in many transition and developing countries fosters secrecy of decision-making. In much of the CIS, for example, parliamentary votes are not publicly disclosed; public access to government information is not

assured; and judicial decisions are typically not available to the public. Moreover,

despite a growing civil society, the government typically does not involve NGOs in the monitoring of its decision-making process or performance. Concentrated media ownership and recent restrictions on reporting have weakened the ability of the media to ensure accountability of the public sector. 63

Shafiqur Rahman Khan, Human Rights And Corruption, Article-International Law against Corruption, Published in 2007, Published by, ELCOP, P-18.

Addressing the challenge of corruption needs to be understood within a broader context of improving governance and institutional change. Misgovernance distorts policy-making and misallocates the human and physical resources, in turn slowing income growth and increasing poverty. Many failed capacity-building approaches and investments in the past did not pay enough attention to fostering good governance, to controlling corruption, or to the understanding of the political economy of institution building. Governance needs to enter center stage in institution-building strategies, and within it, an understanding of the particular vested interests by different influential groups. So a proper set of institutional incentives in order to improve governance and prevention of corruption is needed.64 Problems in governance occur when a government is not only corrupt, but also when it is inefficient, unresponsive, or secretive. Essentially, when a government is ineffectual, it is considered to be corrupt. As this unit explained, corruption is fundamentally caused by low wages, poor incentive structures and inefficient systems. In addition, it is also caused by the desire for an unfair advantage, and the knowledge that one will not be caught or punished for corrupt behavior. Corruption is not just about ethics. It is also about how the government is set up and managed. Parliament and parliamentarians improve the way government works so that corrupt behavior is punishable and opportunities for corruption are limited through the laws. In order to fully rectify corruption in a society, it must first be thoroughly diagnosed.65

5.6 How are Good Governance and Human Rights Linked? There are many links between human rights and good governance. Those important links have, for example, been realized by the UN Commission on Human Rights which stated i.e. in its resolution 2000/64 of 26th of April 2000; â&#x20AC;&#x153;The Commission on Human Rights recognizes that transparent, responsible, accountable, and participatory government, responsive to the needs and aspirations of the people, is the foundation of which good governance rests, and that such a foundation is a sine qua for the promotion of human rights.â&#x20AC;?66 Good governance and human rights are mutually reinforcing. Human rights principles provide a set of values to guide the work of governments and other political and social actors. They also provide a set of performance standards against which these actors can 64

Please visit, info.worldbank.org/etools/docs/library/18380/quinghua_paper.pdf, last accessed on 13.10.2009.

Please visit, http://www.parliamentarystrengthening.org/corruptionmodule/pdf/corruptionunit2.pdf,last accessed on 4.11.2009. 66

Shafiqur Rahman Khan, Human Rights And Corruption, Article-International Law against Corruption, Published in 2007, Published by ELCOP, P-20.

be held accountable. Moreover, human rights principles inform the content of good governance efforts: they may inform the development of legislative frameworks, policies, programmes, budgetary allocations and other measures. On the other hand, without good governance, human rights cannot be respected and protected in a sustainable manner. The implementation of human rights relies on a conducive and enabling environment. This includes appropriate legal frameworks and institutions as well as political, managerial and administrative processes responsible for responding to the rights and needs of the population. The links between good governance and human rights can be organized around four areas: a) Democratic institutions: When led by human rights values, good governance reforms of democratic institutions create avenues for the public to participate in policymaking either through formal institutions or informal consultations. They also establish mechanisms further inclusion of multiple social groups in decision-making processes, especially locally. Finally, they may encourage civil society and local communities to formulate and express their positions on issues of importance to them.67

b) Service delivery: In the realm of delivering state services to the public, good governance reforms advance human rights when they improve the stateâ&#x20AC;&#x2122;s capacity to fulfill its responsibility to provide public goods which are essential for the protection of a number of human rights, such as the right to education, health and food. Reform initiatives may include mechanisms of accountability and transparency, culturally sensitive policy tools to ensure that services are accessible and acceptable to all, and paths for public participation in decision-making.68 c) Rule of law: When it comes to the rule of law, human rights-sensitive good governance initiatives reform legislation and assist institutions ranging from penal systems to courts and parliaments to better implement that legislation. Good governance initiatives may include advocacy for legal reform, public awareness-raising on the national and international legal framework, and capacity-building or reform of institutions.69 d)Anti-Corruption: 67

Please visit, HR/PUB/07/4)http://www2.ohchr.org/english/issues/development/governance/, last accessed on 5.10.2009.

Ibid

In fighting corruption, good governance efforts rely on principles such as accountability, transparency and participation to shape anti-corruption measures. Initiatives may include establishing institutions such as anti-corruption commissions, creating mechanisms of information sharing, and monitoring governments’ use of public funds and implementation of policies.70

5.7 The Concept of Good Governance in the Main International Human Rights Instruments: From a human rights perspective, the concept of good governance can be linked to principles and rights set out in the main international human rights instruments. Article 21 of the Universal Declaration of Human Rights recognizes the importance of a participatory government and article 28 states that everyone is entitled to a social and international order in which the rights and freedoms set forth in the Declaration can be fully realized. The two International Covenants on Human Rights contain language that is more specific about the duties and role of governments in securing the respect for and realization of all human rights. Article 2 of the International Covenant on Civil and Political Rights (ICCPR) requires states parties to respect and to ensure the rights recognized in the Covenant and to take the necessary steps to give effect to those rights. In particular, states should provide an effective remedy to individuals when their rights are violated, and provide a fair and effective judicial or administrative mechanism for the determination of individual rights or the violation thereof.71 Article 25 of ICCPR provided that some of the obligations of states are very much “in the nature of democratic participation.’ It should also be pointed out that States Parties to human rights conventions have undertaken certain obligations which are very much linked to important good governance guidelines. As pointed out by the human Rights Committee in paragraph 2 of its General Comment no. 19, dealing with article 19 of the ICCPR, freedom of expression “includes not only freedom to impart information and ideas of all kinds”, but also freedom to “seek” and “receive” them. The right to seek and receive information is obviously also a vital part of transparency, an important element of good governance.72 Under the International Covenant on Economic, Social and Cultural Rights, states are obliged to take steps with a view to achieving progressively the full realization of the rights recognized in the Covenant by all appropriate means. The human rights treaty monitoring bodies have given some attention to the different elements of good governance. The Committee on Economic, Social and Cultural Rights 70

71 72

Ibid Please visit, HR/PUB/07/4)http://www2.ohchr.org/english/issues/development/governance/, last accessed on 5.10.2009.

Shafiqur Rahman Khan, , Human Rights And Corruption, Article- International Law against Corruption, Published in 2007, Published by, ELCOP, P-19.

stated that “Good governance is essential to the realization of all human rights, including the elimination of poverty and ensuring a satisfactory livelihood for all.” The Committee on the Rights of the Child has on several occasions addressed the issue of governments’ capacity to coordinate policies for the benefit of the child and the issue of decentralization of services and policy-making. It has also addressed corruption as a major obstacle to the achievement of the Convention’s objectives. The Human Rights Committee generally addresses issues related to the provision of adequate remedies, due process and fair trial in the context of the administration of justice in each state. It regularly emphasizes the importance of independent and competent judges for the adequate protection of the rights set forth in the Convention.73 Today, the concept of human rights is closely linked to the "state" or an organized society with a government, and refers to the relationship between the individual and the state or its government; their rights to political participation, the freedoms that the individual should enjoy and their claims on the state with regard to the provisions of basic needs of life, education, health, among others. In other words, States and Government have a primary responsibility to protect, recognize, observe and expand the frontiers of the fundamental rights of citizens and other human beings within their territory and jurisdiction. If any State or Government fails to discharge this responsibility, it may be liable to forfeit its legitimacy and the right to command the obedience and loyalty of the citizens.

5.8 United Nations Conference on Anti-Corruption Measures, Good governance & Human Rights: The United Nations Conference on Anti-Corruption Measures, Good Governance and Human Rights was convened in Warsaw, Republic of Poland, from 8-9 November 2006. It was organized by the United Nations Office of the High Commissioner for Human Rights in cooperation with the Government of the Republic of Poland. The Conference had a practical orientation and was structured in a manner that could lead to the discussion of practical and concrete recommendations. There were more than 240 participants from more than 100 countries, including anti-corruption and human rights experts, governments’ representatives, public officials, civil society and private sector actors involved in leading national anticorruption efforts. The Chairman of the Conference was H.E. Anna Fotyga, Minister of Foreign Affairs of the Republic of Poland. The Conference was organized in response to the United Nations Commission on Human Rights Resolution 2005/68, which requested the Office of the United Nations High Commissioner for Human Rights on the role of anticorruption measures at the national and international levels in good governance practices for the promotion and protection of human rights.” The Conference was a follow-up to the joint OHCHR-UNDP Seminar on good governance practices for the promotion and protection of human rights, which took place in Seoul in September 2004. The conclusions of that Seminar emphasized the mutually reinforcing, and 73

Please visit, (HR/PUB/07/4)http://www2.ohchr.org/english/issues/development/governance/, last accessed on 5.10.2009.

sometimes overlapping, relationship between good governance and human rights. It was also underlined that human rights and good governance are affected by corruption on the one hand. and can contribute to the fight against corruption on the other hand. The main objective of the Conference was to identify concrete ways in which governmentsâ&#x20AC;&#x2122; efforts to fight corruption are assisted by and contribute to human rights protection. The Conference built on the increasing awareness within the international community about the detrimental impact of widespread corruption on human rights both through the weakening of institutions and the erosion of public trust in government as well as through impairing the ability of governments to fulfill human rights, particularly the economic and social rights of the most vulnerable and marginalized. The Conference also addressed the abuses and derogations to human rights made in the name of the fight against corruption, limiting, inter alia, the rights to privacy, due process and freedom of expression.74 Accordingly, the Conference focused on three themes: 1. Impact of corruption on human rights 2. How human rights principles and approaches can help in fighting corruption 3. Fighting corruption while safeguarding human rights.

1 Impact of corruption on human rights; Examples of corrupt practices and corruption cases abound. All too often, what an astute observer and a human rights practitioner can see behind each instance of corruption is a violation of human rights. Money which is stolen from a public project, bribery in the education and healthcare system, a case of corruption in the judiciary, etc., all lead to violations of human rights, in some instances on a massive scale. Equal treatment and equality before the law and non-discrimination are very important tenets of human rights instruments, and corruption effectively undermines these principles. Several Special Reporters of the former United Nations Commission on Human Rights, now the Human Rights Council, have identified corruption as an impediment to realization of, among others, the right to health, education, access to justice, right to fair trial and freedom of expression. In each of these cases fighting corruption will create an environment which is conducive for the full enjoyment of human rights. On a side note allow me to also put emphasis on the importance of dealing with corruption within international organizations and in projects implemented by international organizations that can also lead to violations of human rights. 2 How human rights principles and approaches can help in fighting corruption; 74

Please visit, www2.ohchr.org/english/.../governance/.../Chairperson-Statement. PDF, last accessed on 12.10.2009.

In comparison with the human rights movement, the international anti-corruption movement is relatively young. For decades the word "corruption" was not uttered at international organizations. Addressing corruption was seen as an improper intrusion into domestic affairs of sovereign states and foreign bribery was a tax-deductible expense for companies in certain developed countries. That is no longer the case. Within a decade the international anticorruption movement has come a long way. The anti-corruption movement can benefit from the experiences of the human rights movement and in turn promote human rights by removing some impediments to realization of the rights. Just as is the case of rights-based development and poverty reduction strategies, anti-corruption work should rely on principles of empowerment, transparency, participation, accountability, non-discrimination and rule of law. In relation to this broad theme, a panel will also focus on the role of non-state actors, particularly the civil society, the media and the private sector.

3 Fighting corruption while safeguarding human rights; Finally, anti-corruption measures should be compatible with human rights principles and should not lead to violation of the rights of those involved, including the perpetrators, witnesses, and whistleblowers. Right to privacy and due process are examples of rights that are especially vulnerable to violation in anti-corruption campaigns. Use of heavy-handed anti-corruption techniques or lack of proper procedures in administrative anti-corruption measures can lead to violation of human rights of subjects of investigations. Special mechanisms of the CHR have drawn attention to the risk of political abuse of anti-corruption campaigns.75 From the above discussion, it can be said that, good governance can be affected by corruption and can also fight against corruption. As well as human rights are also affected by corruption and by corrupt practices human rights can be violated. So, if remedial steps are taken for reducing corruption , then good governance and human rights can be ensured. So corruption, good governance and human rights are interrelated.

Chapter-Six Socio-economic and Political Perspective in Bangladesh

6.1 Political Situation in Bangladesh:

Please visit: //www.unhchr.ch/huricane/huricane.nsf/view01/5E36EDDCB5134A34C125722C00751584?opendocument, last accessed on 12.10.2009.

Bangladesh is a parliamentary democracy, with 300 directly elected MPs. Independence in 1971 was followed shortly by fifteen years of military rule, which eventually gave way to a peaceful transition to democracy in 1991. In October 2001 the Bangladesh National Party was voted into Government, in coalition with two Islamic parties (Jamaat-Islam, Islami Oikya Jote) and a faction of the Jatya Party of former President Ershad. The next parliamentary elections are due in January 2007. The political process is characterized by narrow ownership and is dominated by the confrontation between the two main parties, BNP and Awami League (AL), and mutual antagonism between their leaders, with frequent recourse to violence. Tensions in the political system have been aggravated by a series of bombings over the last three years, which included bombings of high level opposition leaders, mass bombings on August 17th 2005 and a series of suicide attacks on state institutions. These incidents have thrown the potential impact of growing Islamic extremism in Bangladesh and the need for measures to tackle both its immediate and underlying causes into sharp relief. The Government has shown its commitment to fighting terrorism by tracing down the master minds of these terror attacks in early 2006.76 i) Good Governance and the Rule of Law; The administration of justice is compromised by efficiency constraints, which manifest themselves in weak management of court cases, poorly developed Alternative Dispute Resolution (ADR) mechanisms and inadequate gender awareness. Penal reform has been piecemeal and slow, with antiquated colonial legislation still in place, inadequate victim support and little scope for the rehabilitation of young offenders. The police are underresourced in terms of pay, manpower and forensic training. Corruption and an inefficient, over-complex legal and regulatory system are now seen as a major impediment to investment and growth. Transparency International has successively rated Bangladesh at the bottom of its corruption perception index. The local business community regards corruption as the second most important impediment to growth, after poor electricity supply. Lack of confidence in the courts is the main concern of investors in Bangladesh. For growing awareness of the need to address the fundamental problems of governance in order to take forward its development agenda, the GoB has begun to establish new institutions, notably the Anti-Corruption Commission (ACC). Legislation for a National Human Rights Commission is under consideration by a cabinet sub-committee and the GoB has committed itself to establishing an Ombudsman for Children. However, since its inception, the ACC has been subject to disputes over staff appointments, its budget and rules of procedure. Other institutions, such as the Parliamentary Ombudsman, have been established in law only. The Government of Bangladesh has yet to take action to separate the judiciary from the executive. The easy availability of small arms in Bangladesh plays a role in hindering good governance, the maintenance of order and the rule of law. Not only is Bangladesh a transit route for smuggling small arms and light weapons; weapons are produced and used also within the country being very often connected to criminal activities and other forms of illicit trafficking.

Please visit, http://ec.europa.eu/external_relations/bangladesh/csp/csp_07_13_en.pdf, last accessed on 13.10.2009

6.2 Economic Situation in Bangladesh: Bangladesh is a low income LDC and the second biggest recipient of EC development assistance in Asia. With its present population of more than 141 million on a land area comparable to Greece, Bangladesh is the worldâ&#x20AC;&#x2122;s most densely populated country. Its overall economy has experienced significant shifts in trade, fiscal, industrial, agricultural and financial policies since the beginning of the 1990s and the economy has grown at a rate of 56% over the last ten years, supported by export-oriented manufacturing, inward remittances and the service sector. At one level Bangladesh can be seen to be moving successfully from aid dependence towards a trade-based economy with a focus on securing investment. At the same time good economic performance is not proving to be sufficient to achieve the countryâ&#x20AC;&#x2122;s poverty reduction targets and has been accompanied by growing inequality.. Bangladesh has been ranked 110th out of 117 countries in the 2005-06 (World Economic Forum) Global Competitiveness report (down from 111th in the previous year), with bottom rankings for corruption and public institutions. At the same time, the rapid rise in the rate of inflation, at 7% in 2006 fuelled by rising oil prices and the depreciation of the taka, poses an increasing challenge to macroeconomic stability. At the same time the country faces serious medium and long term challenges to its economic development, notably a highly inefficient transport system (in particular the Chittagong port), infrastructural weaknesses, electricity generation, poor implementation and enforcement of laws, organizational and managerial inefficiencies in relevant Ministries and agencies, regulatory and procedural weaknesses, informal payments and extortion practices that pervade economic life. To this must be added the adverse effects of the political unrest of the pre election year 2006 on the country's competitiveness and investment climate.77

6.3 Social Developments of Bangladesh: Although Bangladesh has seen considerable improvements in social indicators over the last two decades, it now faces an unfinished agenda in the areas of health, education and employment creation, with systemic problems in the provision of services and increasing unemployment figures. The countryâ&#x20AC;&#x2122;s gains in the social sectors are unequally distributed between the rich and the poor, between men and women, and between the general population and ethnic minorities. a) Poverty, malnutrition and food insecurity; Poverty affects almost 50% of the population and 30 million people can be considered ultra poor. Extreme poverty is predominantly female and malnutrition is also highest among women and girls. Bangladesh is close to self sufficiency thus food insecurity is no longer characterized by shortages in supply and availability, but rather by problems of access and 77

Ibid

affordability for the poor. Poverty and food insecurity are directly linked to access to natural resources, especially land. Some 65% of the rural poor are landless. The poorest must therefore gain their income from other sources, namely wage employment for menial services. Employment in the mainly agricultural sector, however, does not ensure food security, because of poor wages and seasonality in employment opportunities. In Bangladesh. Girls suffer from discrimination from birth. Inequitable practices such as gender biases in feeding result in higher levels of malnutrition among girls and higher girl child mortality. 78 b) Health; In Bangladesh, health is a gender issue. The government faces an unfinished agenda in providing women and girls with equal access to health care, lowering maternal mortality, and creating equal chances for girls to survive childhood and to reach primary school enrolment in good health status. Decent work deficits and environmental hazards are a frequent cause of poor health, especially among the poor. Contaminated water supply, arsenic contamination of ground water, toxic effluents, and poor. More importantly, the public health services are plagued by substantial governance problems, imbalances of manpower and a range of management challenges that obstruct the efficient use of funds and the capacity to give an adequately response to the service needs of the poor.79 c) Education; Approximately 18 million students at the primary and 11 million at the secondary level make Bangladeshâ&#x20AC;&#x2122;s education system one of the largest in a developing country, Low education quality and the pressure of external factors, such as child labour and early marriage, are leading to high drop-out rates and low levels of numeracy and literacy skills. At present, only 66% of new school entrants are likely to complete the full primary cycle, and 50% of the youth population in Bangladesh are considered not fully literate. At the secondary level, poverty is a massive deterrent to access and completion, due to high school tuition fees and additional expenses for transport, uniforms, books and private tuition.80

d) Employment Presently Bangladesh suffers from a record number of unemployed, estimated at 30 million people. Some 40% of the 66 million sized work force is under-employed while 3-4% is fully unemployed. With over one million new entrants to the job market every year, the bulk of unproductive manpower is on a rising trend whilst the countryâ&#x20AC;&#x2122;s formal employment sectors can hardly absorb the new job seekers. A large majority of the workforce remain in the informal economy, subject to low wages, bad working conditions and lack of social security. 78

Ibid

6.4 Corruption in Bangladesh in Socio-Economic and Political Perspective: a) Political perspective; Corruption has gradually increased in this country after the independence. Politics is one of the notable sectors that corruption has seriously invaded. There is lack of transparency in the activities of political parties of Bangladesh. The condition reminds us one of the proverbs: â&#x20AC;&#x153;A person having no principle enters into politicsâ&#x20AC;?. It has become literally true in this country. Corruption is increasing here not only due to lack of transparency but also because of poor practice of democracy within the political parties. Grab power by winning votes on giving false hope to the people is the philosophy of the political parties the use of politics for personal interest by government officials, taking advantage of bad politics to adopt unfair means are the signs of corruption. If this vice has seriously invaded its political arena, the country concerned will never turn into a developed one. Negligence in administrative jobs, failure to perform the duties properly, receiving bribe and misappropriation of government money are also the signs of corruption. Poor salary of government officials, discrimination in promotion, absence of appreciation for honesty and punishment for misdeeds also help increase in corruption and inefficiency in the administration. The political conditions and infrastructure positions of political parties of Bangladesh help in increasing corruption. Less meritorious people are actively involved in student politics and the quality of national politics has been deteriorating due to less participation of meritorious people in it. As a result, they have become corrupt in spite of leading the society. So corruption-free political parties are essentials for a fair administration Corruption has increased in the society due to inappropriate and inadequate application of law. There is no effective step to protest crime. No activities are there to protest and remove corruption in Bangladesh. It is not easy to take action against corrupt government officials. So they are being encouraged towards greater corruption.81 b) Sociological perspective; Social corruption is being spread by social organizations. Lack of trust between family members, corruption in educational institutions and involvement in different anti-social activities by social organizations increase social corruption. Social fraternity is being hampered as the social organizations are becoming increasingly corrupt. Religious belief of the people of our country is very high. The Muslims, the Buddhists, the Christians and the Hindus along with some tribes are living together here. So a large number of saints, religious scholars and mosques, temples etc., are there in this country. For this, sometimes religions can be easily misused. Different unlawful activities in the name of religion are same as anti-social activities. Business in the name of religion, cheating people using the cover of religion, using religion for personal and party interests are among corrupt practices under the garb of religion. To cheat one and use someone in own interests are instances of personal corruption. Receiving money from others in the name of giving jobs or freeing from danger is also corruption at individual level. 81

Ibid

c) Economical perspective; Corruption is still present in Bangladesh in the spheres of trade and commerce and construction of economic infrastructure and in the inclination to use politics for own interest. Since independence, most of those who ruled the country were corrupt. The absence of honest, courageous leadership to guide a nation is the major cause of increase in corruption. The youths of the country cannot meaningfully participate in the development of the country for want of honest and dedicated leadership. .

6.5 Measures for Controlling Corruption in Bangladesh: There is no doubt that corruption is an immense problem. We all should try to control it. To control this spreading vice we may adopt some measures. Responsibility alone does not lie with the government for controlling corruption. Everyone should be conscious about its ill effects. Everyone should take oath that he or she would remain free from corruption. All the political leaders and workers should promise to lead a corruption-free life. Because, selfcorrection is the first step for prevention for prevention of corruption. Prevention of corruption should be included in the manifestoes of the political parties and this motto should form part of the culture in regular activities of all political parties. It should be treated as a social disease. All the parties should try to increase awareness about the need for prevention of corruption by them and among them. Honest and sincere persons should be given the opportunity for providing leadership. The examples of morality, social service, knowledge and wisdom of corruption-free men and women should be included in the curricula in all phases of education. Corruption is unfair and it is harmful to the society — this learning should be implanted in the mind of students. In this regard, religious education should be given priority. Corruption-free administration is vital for eradication of corruption. If the administration is not free from this vice, it is not possible to eliminate it from the society. A good administration depends on the honesty and sincerity of the employees. So honest and sincere employees should be appointed to ensure corruption-free government. Effective measures should be taken to prevent their moral erosion. At the same time arrangement should be made to take legal and administrative actions against injustices and corruption to raise a good administration. To prevent corruption we really need an efficient anti-corruption apparatus. It should be free from political influence and have opportunities to work independently. Officials in this apparatus should be appointed carefully. Otherwise, corruption will increase rather than decrease. Activities of recently formed Anti-Corruption Commission should be upgraded and made more effective. Everyone is disappointed with the limited activities of this body. There is a proverb: “Necessity knows no law.” If the government employees cannot lead a normal happy life with their income, they may then adopt unfair means. So, wages should be consistent with market prices of daily necessities. If there is no want, people will not try to take shelter of corruption. Suitable remuneration could be an effective measure for control of corruption.

A social movement against corruption should be initiated with the help of all political, social and cultural organizations. Media also could help it by putting up programmes against corruption. This initiative should come from both public and private sectors. Media could play a vital role in this regard. We have seen in the past and at present also that whenever media â&#x20AC;&#x201D; particularly Television channels telecast a few series of programmes on any antisocial actively, it can be dis courage and stopped.82

6.6 Good governance and Development in Bangladesh Good governance is the key to economic and social development. Good governance is linked to the hopes, aspirations, demands and values of the people of an evolving society. Lack of good governance threatens social justice, harmony and security. After independence, through Bangladesh got the same economic help, as was needed to reconstruct Europe, but due to lack of good governance, in 30 years Bangladesh has not reached the door of development.83 After independence through the government has taken various initiatives for ensuring equal participation for all in the fields of education, service, politics, the real situation is still disappointing. Women constitute only 10 percent in the public sector. Womens participation in policy making is also very insignificant. Besides participation of ethnic groups is not satisfactory, they can not participate effectively in our national economy. 84 In the recent time, deterioration of law and order is one of the barriers on the way to development in Bangladesh. Rape, killing, acid throwing, kidnapping, snatching etc are the matters of daily life. Many factors are responsible for worsening of the law and order situation in Bangladesh. One of them is terrorism. The terrorist activities are now spreading fast all over the country. All the governments reportedly expressed their concerns over terrorism. We can answer why as non-democratic political societies with poor economics are breeding centers for growths of terrorism. In the present context, nobody is free from danger. Journalists, teachers, businessmen, service holders, all are passing their days under the continuous threat of terrors. Because of terrorism, maximum development activities including foreign aided development programmes have been stopped. So it is urgent to improve law and order situation for accelerating the growth of development.85

Please visit, http://bbrace.laughingsquid.net/wordpress/index.php/archives/2006/09/23/forms-of-corruption-in-

bangladesh-measures-of-control/, last accessed on 22.10.2009.

MohammadJohurul Islam,Human Rights And Development, Article on- Good Governance in Bangladesh: An agenda for Development, Published in 2002, Published By ELCOP, p-93. 84

Ibid, p-95.

Ibid, p-96.

6.7 Issues and Problems for Ensuring Good Governance in Bagladesh: At present, Good governance in Bangladesh is far from the actual consonance of the term. There are several factors and issues that are constraining the very process of good governance. The major factors are corruption, inefficiency of bureaucracy, politicization of administration, non-observance of the rule of law etc. The main issues and problems for ensuring good governance in Bangladesh are bellows: a) Corruption; Corruption is a big obstacle in the way of good governance in Bangladesh. Corruption has become so rampant that Bangladesh currently belongs to the world's leading corrupt nations. It promotes the interest of a few over many rampant corruption slow down the investment and growth. It prevented a fair distribution of national wealth and broadened the gap between rich and poor. Which is most dangerous is that it is mainly responsible for the breakdown of law and order in the country.86 b) Inefficiency of Bureaucracy; Bureaucracy is inevitable in any society or state, an inseparable part of an organized society But the bureaucracy of Bangladesh is not efficient in management and administration. The capacity of policy implementation of our bureaucracy is very poor. Bureaucrats are not accountable and transparent to the people. Lack of bureaucratic accountability can be attributed inter-alia to bureaucratic corruption. But there is no effective mechanism to make them accountable and transparent.87 c) Political interference in administration; In our country administration is always to work and the influence of party in power. So, here nepotism is widespread and administration is always unfair. The administration can not take any free and fair decision. Sometimes, political influence breech factionalism in the administration which in turn result in demoralization, utter negligence of work and often serious tension among the bureaucrats. Ministers, especially those with greater political strength and influence and initiative, tended to stress their overall supervisory role to dominate and direct those in administration who versed 8 under them, from secretaries downwards. In such situations the ministers virtually inclined to act as executive heads of their ministries, though they did not have to take the responsibilities either of the executive head or the principal accounting officer responsibilities which still technically and substantially remained with the secretaries.88

d) Nepotism; 86

Please visit, http://www.goodgovernancebd.org/link/concept_papers/Lecturer%20rajsahi.pdf,last accessed on 2.11.2009.

Ibid

Nepotism is another curse of our politics and administration. The rules in our country pursue nepotism. They give privilege and under advantage to their family members, kiths and kins on public resources. So the mass people remain after regime.89 e) Improper and non-observance of the rule of law; In true and real sense the application of rule of law in Bangladesh follows a course of selective and discretionary application. It is said that laws are there but there are applied only in favor of privilege people or class. As a result justices suffer and denied to the common people. And this environment affect out right the basic rights of the poor and the social place elides although that is an important aspect of good governance.90 f) Improper use of resources; The fund flow in Bangladesh is not smooth the local government, especially the union parishad. Beside, this fund is not utilized properly and very often diverted to other purposes. So, the ordinary people can not get efforts, if any, of ensuring good governance.91 g) Role of Parliament; Bangladesh opted to a parliamentary democracy following independence in 1971 in which establishment of a sovereign legislature was sought. The main thrust was to ensure the sovereignty of the people exercised through a democratically elected representative body called the legislature. In today's parliamentary system, most of the works related branch of the government headed by a Prim minister, who is accountable to the parliament. The parliament is supposed to exercise control over the government through legislative business, for which the government has to rely on parliamentary approval. Besides, ministers including the Prime Minister are answerable to the parliament for their actions. There fore, the parliament has significant role to improve the quality of governance. The present condition of good governance in Bangladesh is not satisfactory. Many issues and problems are the barriers to ensure good governance. Corruption, bureaucratic inefficiency, political interference in administration, nepotism, misuse of power and resources, improper and non-observance of the rule of law, non-accountable and non-transparent administration etc. are the common features of our government. Although a lot of measures need to be taken for ensuring good governance.92

6.8 State Obligation, Bangladesh Constitution and Minimum Standards of Basic Human Rights: 89

Ibid

The stage of development achieved by Bangladesh should be measured with reference to the fulfillment of basic needs of people by the state. The effective realization of basic human rights can be utilized as a criterion to measure development. The development situation of this country will be considered in terms of the human rights guaranteed by the Constitution and arrangement of the state to realize those rights in the practical field. To accomplish that task first the contradiction of constitutional commitments and practical situations and then the real condition of development will be visualized. All the eighteen rights included in the â&#x20AC;&#x153;Fundamental Rightsâ&#x20AC;? part (Part III) of the Constitution are Civil and Political Rights, and they are enforceable by a court of law. Though they are guaranteed by constitutional safeguards, but their enjoyment remained suspended during martial law regime and emergency situation. Moreover, the enjoyment of some basic Civil and Political Rights have been curtailing by a number of repressive laws, namely by the Special Powers Act, the Anti- Terrorism Act, the Speedy Trial Act, by different governments. The governments directly elected by the people performed badly in ensuring the Civil and Political Rights of the people. All the Economic, Social and Cultural (ESC) Rights were included by the framers of the Constitution in Part ii (Fundamental Principles of State Policy) which are not enforceable by a court of law. Provision of basic necessities are described in Article 15, Emancipation of peasants and workers are described in Article 1, Rural development and agricultural revolution are described in Article 16, Free and compulsory education are described in Article 17, Public health and morality are described in Article 18, Equality and opportunity are described in Article 19, Work as right and duty are described in Article 20-all these ESC rights which are important for human being for their complete flourishment and nourishment have been placed in Part II. They are made inoperative by Article 8 (2) by making them unenforceable in a court of law. The lack of financial capability on the part of state is put forward as the rationale behind the placement of ESC Rights in part II. Constitution includes a number of ESC Rights not with an intention to guarantee them, but to set up a programme for the state which it will implement when economic condition make their realization fully possible.93

6.9 Development of Bangladesh in Terms of the Realization of Basic Human Rights: The millions of people of Bangladesh are deprived from basic human rights (needs)-right to food, education, health care, adequate sanitation, and a safe environment which still remain distant dream for bulk of the people. The human deprivation is on the rise. The state of development of Bangladesh is very disappointing as the state of this country failed to ensure realization of basic human rights. The state obviously requires resources to implement basic

Sheikh Hafizur Rahman Karzon, Human Rights And Development, Article on- Development and Human Rights: Bangladesh Perspective, Published in 2002, Published By ELCOP, P-85.

human rights, but accumulation of resources has not been possible due to lack of sound policy of development and commitment of state functionaries.94 Due to high population density and high incidence of natural disaster Bangladesh is the most vulnerable of the South Asian economies. Bangladesh has made some progress in poverty reduction since independence. Due to stagnation on progress with reduction of rural poverty the overall poverty reduction slowed down since 1980s. urban poverty reduction has continued, with the incidence declining to around 35% in 1996, as compared with rural poverty incidence of over 50%. The statistics of rural poverty suggests the vulnerability of poor.95 Since independence, Bangladesh has made some progress in primary school coverage, reduction of population growth rate and infant morality, in improving access to safe water and raising life expectancy. The performance in the area of population management is remarkable. But if we compare human development progress of Bangladesh with international standard we shall get very disappointing picture. Human development in Bangladesh still lags behind the levels achieved in Sri Lanka and the East Asian economics. In the South Asian region Bangladesh has the lowest life expectancy, falling even behind low income countries. Health standard is very poor, infant, child and maternal morality is very high. The adult literacy rate is still very low and secondary school enrollment is the lowest in the region. The quality of basic services including education is not satisfactory.96 In Bangladesh the state failed to develop infrastructure for getting all the people educated. Instead of establishing universal, combined and scientific education for all different systems of education have been developed to suit different classes of society. There is expensive systems of education for students coming from well-off family, government directed education for middle and lower middle class and religious education for poor people. After independence of this country quantative ratio and quantative development of government expenditure in education and health sectors did not increase.97 The real picture of the realization of the basic human rights in Bangladesh clearly visualizes that Bangladesh cannot be said to have achieved true development. This country failed to fulfill the preconditions of true development which requires proper state arrangements to ensure enjoyment of all basic human rights. We are residing in a age when realization of basic human rights and economic development flourish hand in hand. To ensure enjoyment of basic human rights sufficient resources, commitment and patriotism of state functionaries and proper utilization of available resources will be required. Realization of basic human rights depends on strong economic condition, at the same time proper arrangement of enjoying basic human rights are used as a scale to measure stage of development of a country. By 94

Ibid, P-90.

Ibid

Ibid, P-88.

taking all these things into cognizance the future steps should be taken, otherwise the threshold of development and enjoyment of basic human rights will remain distant destiny.98 From the above discussion it can be said that, corruption can cause not only to economic development but also to human rights and governance. In Bangladesh case corruption is a disaster that is destroying the image of good governance. Good governance is the key to development. Since independence in 1971, the successive governments have tried to eradicate poverty and to improve the lives of people by ensuring human rights. But due to lack of good governance, they have failed to do that. The problem of good governance in Bangladesh make the economic growth unstable and social justice and social security have not been ensured and corruption increased. So, checking corruption is a crying need of Bangladesh. So the government has to take initiatives to eradicate corruption and ensure good governance and human rights. If the initiative are taken properly, the days are not so far when Bangladesh will be a countable figure in the world.

Chapter - Seven Concluding Part 7.1 Criticism: In our country the corruption increases day by day for which a person can not get his Basic Rights. Try to prescribe the some criticism for this topic. Such as follows; 1. In our country the system of democracy are not properly applied for that reason we canâ&#x20AC;&#x2122;t say there is good governance. Because the democracy is the main base for good governance. 2. The corruption are occurred in every department of Bangladesh because the Public Servant do not get proper salary for his service. These are the main things for corruption. 3. The wonderful matter is that, our country has a Human Rights Commission but these are indefectible for management system and the violence of Politicians. 4. We see the Human Rights Violation occurred when the Corruption held. That a person bound to get free service but there is a demand of bribery, in this case Human Rights Violation arises. 5. There is no balance and accountability between the three organs such Legislative, Executive and Judiciary. For that reason the corruption increases.

Ibid, p-91

7.2 Recommendation: 1.

There is necessary to be developed to clearly demonstrate the correlation of corruption and human rights to facilitate further legal analysis on the links between them.

Meaning of right to access to information needs to be explicated in more detail, and there may be a case for setting a new standard to define this right in more detail.

We know that every person has a right to get fundamental rights which are recognized universally that is also known as socio-economic rights. But in our Constitution Article 8 (2) describes that the socio-economic rights shall not enforceable by law which is totally against the Human Rights. So if we want to establish the rights of every person the Government should amendments this Article of Constitution of Bangladesh.

Laws are not-self executing. People and institutions must implement the laws to make them operational. Institutions and staff need resources to implement the laws. Strong commitment from all stakeholders, especially from government is important.

An independent national human rights institution, well resourced can effectively enhance and contribute significantly to the promotion and protection of human rights in combating corruption.

Need to develop a methodology to ensure participation of the public in anticorruption efforts and holding government officials to account.

It is very important to develop an implementation program that ensures protection of human rights.

Law enforcement agencies in advanced countries say that even where they know of the corrupt practices they cannot do much unless the alleged offenders are convicted in their home country. Where corrupt politicians wield absolute power, choose the judges, and control criminal justice institutions, the domestic apparatus cannot bring them to book. But we can use dossiers on corrupt politicians and officials to prosecute offenders and repatriate the moneys to the victim country. We must

establish universal jurisdiction over such crimes to prevent the recourse to arguments of exclusive national jurisdiction. 9.

Public officials shall ensure that they perform their duties and functions efficiently and effectively, in accordance with laws or administrative policies, and with integrity. They shall at all times seek to ensure that public resources for which they are responsible are administered in the most effective and efficient manner.

10. Government should concern itself with evolving pro-poor policies, which must emanate from the people. It should recognize the relevance of civil society organizations and work with them towards achieving economic and civil empowerment of the people. Poverty is synonymous with social injustice. Human rights cannot be respected in an environment where the people are suffering. Civil society organizations cannot perform where the government is antagonistic. For there to be progress, the relationship between government and civil society organizations must be complementary. 11. Justice delivery system must be reformed to adequately rise up to its duty as the last resort of the common man. The courts should have the capacity to expeditiously dispense with cases. Judges should be adequately remunerated to enable a functional justice delivery system. The rules of court must be reformed to ensure easy access to justice. 12. The ever-escalating violence must be checked. Violence begets abuse of human rights and stifles the effort of civil society in society building. Good governance is an adequate answer to the imperatives of peaceful society. For there to be development , there must be end to violence. 13. Local organizations should assist in funding local NGOs. It is suggested that International donor agencies should increase the funding available to civil society organizations and that way help in capacity building within such organizations. 14. The Government should arrange cultural programme for prevention of corruption and to ensure good governance and human rights.

15. In most of the developed countries they have good governance for their citizens but in our country it is not present properly.. So the Government should maintain good governance policy for improving human rights and reduce corruption. 16. The Government should encourage all relevant NGOs to work as a watchman for development of human rights. If the NGOs play vital role and work properly then the human rights will be established. 17. The state should take all appropriate measures, including legislative, administrative, social and educational measures, to ensure good governance and human rights and to eradicate corruption. 18. Develop special training modules for training of police, lawyersâ&#x20AC;&#x2122; judges and magistrates, social workers for use in their professional training Programme with the ultimate goal of complete governance. 19. Develop a comprehensive vigilance program with the co-ordination of all the related agencies and civil societies to inspect and inquire violation of human rights at any stage and monitor the appropriate lawful proceedings in each case. 20. We know that, in our country there is a Human Rights Commissions but the function of Commission are not adequate for the present time. So the government should make some Rules for the function Commission. 21. The government should promote and encourage international cooperation in matters relating to good governance and human rights, in particular with a view to contributing to the elimination of corruption throughout the world.

If we want to eliminate corruption that time we should work together. Because, only the government canâ&#x20AC;&#x2122;t solve or mitigate the entire problem related to the corruption, human rights and good governance. But in our country significantly increase corruption for many reasons which I mentioned already. For that reason we should prevent corruption for developing our country. That time good governance and human rights will be ensured.

7.3 Conclusion: In the last decade there has been an increasing recognition in the international community of the damage corruption can cause, not only to economic development but also to human rights and governance. A vast number of corruption scandals in western democracies and in respected international organizations show conclusively that corruption knows no boundaries. Globalization and the ever-growing volume of international business transaction make it increasingly difficult for individual countries to isolate themselves from global corruption. Therefore, there is a growing understanding of the need for international cooperation in the fight against corruption. There is a strong connection between corruption and human rights violations. Both flourish best under similar condition, notably where secrecy and lack of accountability prevail. There are those who claim that human rights cannot thrive where corruption is rampant and argue that there should be a defined human right called freedom from corruption. In any case, freedom of expression and other civil and political rights are without any doubt, extremely powerful tools to combat corruption. Corruption cases are notorious to prove, as the victim, usually being the general public, is typically invisible. Therefore it is important to find ways to facilitate investigations, proofs and convictions. In this regard there is, however, cause for great care. There is an implicit risk that the process may interest and the human rights of individuals. Addressing the challenge of corruption needs to be understood within a broader context of improving governance and human rights. Many failed capacity-building approaches and investments in the past did not pay enough attention to fostering good governance, to controlling corruption, or to the understanding of the human rights development Problems in governance occur when a government is not only corrupt, but also when it is inefficient, unresponsive, or secretive. Essentially, when a government is ineffectual, it is considered to be corrupt. As this unit explained, corruption is fundamentally caused by low wages, poor incentive structures and inefficient systems. In addition, it is also caused by the desire for an unfair advantage, and the knowledge that one will not be caught or punished for corrupt behavior. Corruption is not just about ethics. It is also about how the government is set up and managed. Parliament and parliamentarians improve the way government works so that

corrupt behavior is punishable and opportunities for corruption are limited through the laws. In order to fully rectify corruption in a society, it must first be thoroughly diagnosed. Finally we can say that, if the government takes proper steps that time corruption will be eradicated from our country and good governance and human rights will be established.

BIBLIOGRAPHICAL INDEX BOOKS REFERENCE: 1. Dr. Mizanur Rahman (By Edited), Human Rights And Corruption, Published in 2007, Published By ELCOP. 2. Dr. Mizanur Rahman (By Edited), Human Rights and Development, Published in 2002, Published By ELCOP. 3. Dr. S. K. Kapoor, International law and Human Rights, Fifteenth Edition, Published by Central Law Agency. 4. Tuhin Malik, Human Rights Law (A Manual on Human Rights Training Programme for

lawyers), Published in 1998, Published By Legal Education & Training Institute Bangladesh Bar Council.

ARTICLE OR JOURNAL: 1. Arjun Sengupta, Human Rights and Development, Article on -The Right to Development as a Human Right, Published in 2002, Published By ELCOP. 2. Md. Akhteruzzaman, Human Rights and Corruption, Article on Combating Corruption in Bangladesh: A Legal Stady, Published in 2007, Published By ELCOP. 3. Shafiqur Rahman Khan, Human Rights and Corruption, Article on International Law against Corruption, Published in 2007, Published By ELCOP.

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