Law interview
"National Human Rights Commission will be institutionalised"
The National Human Rights Commission (NHRC) and its new Chairman have drawn attention of the media and general public in recent times for its strong position against the incidents of extra-judicial killings and gross violations of human rights allegedly by a section of the members of the law enforcement agencies. Dr. Uttam Kumar Das has talked with Dr. Mizanur Rahman, the Chairman of the Commission on various aspects of human rights situation and the commission itself.
What is your comment on the recent observation of the High Court Division on the investigation by law on enforcement agency on the alleged incident of human rights violations by themselves?
Dr. Mizanur Rahman (MR): Those who will carry on an investigation on an alleged incident of human rights violation, they need to have relevant skill, competence and independence to undertake such an activity in an impartial and efficient manner. They have to show through their work that they are impartial. Then, the general public would have a confidence to them, otherwise not. For that the respective members of an agency need appropriate training. However, this is not easy to make sure; it is a time-bound and resource-consuming activity as well. The NHRC would be pleased to facilitate such training programmes in future.
So, will the NHRC undertake investigation of such allegations of human rights violations?
MR: As per legal authority, the NHRC has such power. However, the reality is different. The NHCR is not in a position at this moment to carry on such activity. It does not have required manpower, technology and other resources for such activities. There is no research cell in the NHRC yet.
When are you having those facilities?
MR: For this, we need support of the government and donor agencies. In this connection, we are having assistance from a project of the UNDP. The Country Representative of UNDP has already met me. However, we want to make sure that the activities of the NHRC is not dictated by any donor agency, rather it is dictated by national priority and interest.
What is the role of the NHRC?
MR: The Commission has two main roles: promotion and protection of human rights. When there is a question of violations or attempt of violations of human rights then the question of protection comes in. We will make sure that the commission has a balance in both types of activities.
What about human rights situation in the country?
MR: We are having an absence of the culture of human rights. The reasons are obvious; there are poverty, illiteracy, lack of awareness, and corruption among other. At the same time, there is no institutional mechanism to educate and train people on human rights. The training activities what are now going on those have various limitations and lack of continuity and follow-ups.
Also, we are focused on mainly civil and political rights. Economic, social and cultural rights are not in the debate. The media is also following the same suite.
So what will be your stake on this?
MR: The NHRC will take initiative to incorporating human rights issues in the curriculum starting from primary to higher secondary levels. The law teachers and law students will be performing as instructors and trainers. At the same time there will be initiative to have opportunity for studying and researching on human rights at higher educational levels. The concept of “Street Law” will also be explored. We are planning to meet the Minister for Education and others to talk about the issue. We will also be considering experience of other countries having similarity with our context.
The NHRC will also take initiative for training programs on human rights for the members of various law enforcement agencies. For this, we will have round of discussion with the authorities of Bangladesh Police, Police Academy, Police Staff College, and Metropolitan Police.
The Commission will seek assistance, cooperation and participation of all concerned which include human rights organisations, respective professionals, government, the media and all concerned for promotion and protection of human rights. This is a joint work of all of us.
How do you see impact of those activities?
MR: Education and training has a cumulative effect. If we could introduce issues like civic and human rights from the very beginning then that will have a positive effect on our children. We will have a future generation sensitised on human rights who will be the vanguard for the democracy, good governance and rule of law.
If the members of the law enforcement agencies have proper training on human rights and they would be able to use that knowledge in their services. They will get immediate benefit in their professional career as well. The members of the law enforcement agencies are desired to be deployed in the UN Peacekeeping and others missions. It that type of postings, knowledge and skill on human rights is of paramount consideration.
What is NHRC busy with now?
MR: We are now drafting the organogram and rules and regulations for the commission. Those are to be done within a month. Then, we will be submitting it to the Ministry of Law, Justice and Parliamentary Affairs for its approval.
Any plan on expansion outside the capital?
MR: At the first place, the Commission will be strengthened and fully operative centrally. Then, we will look into whether it is necessary and feasible to open up branches at divisional levels. Again, it will warrant for resources and other supports from the government. However, we might consider having a liaison with local level human rights organisations or even with individuals given their contribution to the promotion and protection of human rights. For this, the gravity of a particular human rights problem, geographical consideration and other issues will be taken into table. However, this is not a priority issue for us now.
The interviewer is a Researcher and Practitioner specialising in International Human Rights Law.
