Amirul Kabir Chowdhury :
Good Governance, Human Rights and Rule of Justice — these three terms are in fact interrelated. Human Rights are those rights which are inherent in our nature and without which we cannot live as human beings. These rights are given to mankind by Allah, our creator while creating men. So none should be allowed to snatch away these rights given by Allah. But from times immemorial attempts are afoot to snatch away such precious rights by vested quarters in various countries of the world.
Good Governance and Human Rights are mutually enforcing. Human Rights Principles provide a set of values to guide the work of Governments and other political and social sectors. Without good governance human rights cannot be respected and protected in a sustainable manner.
The implementation of human rights relies on a conclusive and enabling environment. This includes appropriate legal frame-works and institutions as well as political, managerial and administrative process responsible for responding to the needs of the population.
Good governance means the exercise of authority through political and institutional processes that are transparent and accountable and do encourage public participation.
Good governance and human rights are linked in atleast four areas: namely (1) Democratic Institutions, (2) Delivery of State Services, (3) Anti-corruption Measures and (4) Rule of Law i.e. Rule of Justice.
When led by human rights values, good governance reforms democratic institutions.
It creates avenues for the public to participate in policy making either through formal institutions or informal consultations (like the present one we are holding here today).
In the realm of delivering State Services to the public, good governance reforms and accelerates human rights when they improve the state’s capacity to fulfil its responsibility to provide services which are essential for the protection of a number of human rights, such as, the right to education, health and food to the citizens irrespective of colour, religion or any other discrimination.
Anti-corruption measures are part of good governance framework. Although the links between corruption, anti-corruption measures and human rights are not greatly explored in many countries, the anti-corruption movement is looking to human rights to holster its efforts.
In fighting corruption, good governance efforts rely on principles such as: Accountability.
Transparency and Participation to shape the anti-corruption measures by establishing institutions like effective and meaningful Anti-Corruption Commission etc.
Now coming to the Rule of law, or the Rule of Justice, we can say that human rights sensitize good governance initiatives, reform legislation and assist institutions ranging from penal systems to Courts and Parliaments to adopt better legislation.
The world witnessed horrible catastrophe and human sufferings in the wake of the Second World War and so the peace loving people sat in the umbrella of UNO and made historic Universal Declaration of Human Rights on 10 December 1948 incorporating some inalienable human rights. In line with the said principles the constitution of Bangladesh included valuable human rights in Para 111 of the Constitution as Fundamental Rights.
To ensure enforcement of those rights. Article 44 has been enacted in the Constitution giving right to move the High Court Division of our Supreme Court.
We often claim and cry for democracy. But the judiciary is one of the essential institutions on which rests the noble edifice of democracy.
It is only through the Rule of Justice that the democratic government, a government by the people, for the people and of the people, can cherish the interests of the citizens. Now-a-days there is wide demand for democracy in the world. But every democratic policy should ensure the even handed Rule of Justice for its citizens and zealously guard and protect human rights.
In conclusion I would like to say that to ensure preservation of human rights the Rule of justice undoubtedly plays the most vital and effective role. But the persons administering the justice, I mean, the judges have to be of stern stuff and tough fiber unbending before any power however mighty it be economic or political, and they must uphold the core principle of the Rule of law which says “Be you ever so high, the law is above you”.
Good Governance, Human Rights and Rule of Justice — these three terms are in fact interrelated. Human Rights are those rights which are inherent in our nature and without which we cannot live as human beings. These rights are given to mankind by Allah, our creator while creating men. So none should be allowed to snatch away these rights given by Allah. But from times immemorial attempts are afoot to snatch away such precious rights by vested quarters in various countries of the world.
Good Governance and Human Rights are mutually enforcing. Human Rights Principles provide a set of values to guide the work of Governments and other political and social sectors. Without good governance human rights cannot be respected and protected in a sustainable manner.
The implementation of human rights relies on a conclusive and enabling environment. This includes appropriate legal frame-works and institutions as well as political, managerial and administrative process responsible for responding to the needs of the population.
Good governance means the exercise of authority through political and institutional processes that are transparent and accountable and do encourage public participation.
Good governance and human rights are linked in atleast four areas: namely (1) Democratic Institutions, (2) Delivery of State Services, (3) Anti-corruption Measures and (4) Rule of Law i.e. Rule of Justice.
When led by human rights values, good governance reforms democratic institutions.
It creates avenues for the public to participate in policy making either through formal institutions or informal consultations (like the present one we are holding here today).
In the realm of delivering State Services to the public, good governance reforms and accelerates human rights when they improve the state’s capacity to fulfil its responsibility to provide services which are essential for the protection of a number of human rights, such as, the right to education, health and food to the citizens irrespective of colour, religion or any other discrimination.
Anti-corruption measures are part of good governance framework. Although the links between corruption, anti-corruption measures and human rights are not greatly explored in many countries, the anti-corruption movement is looking to human rights to holster its efforts.
In fighting corruption, good governance efforts rely on principles such as: Accountability.
Transparency and Participation to shape the anti-corruption measures by establishing institutions like effective and meaningful Anti-Corruption Commission etc.
Now coming to the Rule of law, or the Rule of Justice, we can say that human rights sensitize good governance initiatives, reform legislation and assist institutions ranging from penal systems to Courts and Parliaments to adopt better legislation.
The world witnessed horrible catastrophe and human sufferings in the wake of the Second World War and so the peace loving people sat in the umbrella of UNO and made historic Universal Declaration of Human Rights on 10 December 1948 incorporating some inalienable human rights. In line with the said principles the constitution of Bangladesh included valuable human rights in Para 111 of the Constitution as Fundamental Rights.
To ensure enforcement of those rights. Article 44 has been enacted in the Constitution giving right to move the High Court Division of our Supreme Court.
We often claim and cry for democracy. But the judiciary is one of the essential institutions on which rests the noble edifice of democracy.
It is only through the Rule of Justice that the democratic government, a government by the people, for the people and of the people, can cherish the interests of the citizens. Now-a-days there is wide demand for democracy in the world. But every democratic policy should ensure the even handed Rule of Justice for its citizens and zealously guard and protect human rights.
In conclusion I would like to say that to ensure preservation of human rights the Rule of justice undoubtedly plays the most vital and effective role. But the persons administering the justice, I mean, the judges have to be of stern stuff and tough fiber unbending before any power however mighty it be economic or political, and they must uphold the core principle of the Rule of law which says “Be you ever so high, the law is above you”.
(Speech delivered by Justice Amirul Kabir Chowdhury, Former Chairman, National Human Rights Commission, Bangladesh, the Chief Guest in the Seminar organized in connection with celebration of Universal Human Rights Day by Bureau of Human Rights Bangladesh – BHRB held in the Supreme Court Bar Auditorium, Dhaka on 9th December 2014.)
