Human rights to flourish democratisation

A right is a claim that we are justified in making. Based on the principle of respect for individuals, human rights are standards that recognise, promote and protect the dignity of all human beings. Enjoying human rights does not depend on the wish of any entity such as the state and others. Adopted on 10 December 1948, the Universal Declaration of Human Rights (UDHR) is considered to be the first formal global document to set out a cluster of rights to be universally recognised, promoted and protected. 

In our post-independent Constitution of 1972, democracy was enshrined as a fundamental principle of state policy. That we value democracy as one of the constitutional bases is well-reflected, among others, in Preamble, arts. 11 and 59 of our Constitution. Preamble categorically reminds us '… to realise through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens.' Art. 11 reinforces this idea of democracy and art.59 mandates the rule of peoples' representatives at all administrative levels to make the democratic system all-encompassing.

We have had 11 parliamentary elections in the history of Bangladesh. However, even the governments formed with the consent of the people are often alleged to have not upheld the democratic ideals of respecting peoples' rights, the rule of law, transparency, accountability, and social justice. The prerequisite of a democratic polity is free, fair and credible elections, which serves as the mechanism to create a government with the consent of the people. Whether a government is truly democratic depends on what it does or does not do in between two elections.

In the political history of independent Bangladesh, emergency was formally declared several times. During those states of emergency, the president made special laws containing several injurious sections to govern the country. These laws were argued contrary to a range of international human rights standards and norms by the higher courts in the country.

For a true democratic system to flourish, every government must facilitate citizens to enjoy fundamental human rights so that we as a nation can uphold the spirit of liberation war which was, in accordance with the Proclamation of Independence (1971), fought to 'ensure for the people of Bangladesh equality, human dignity and social justice'.

The writer is a Law Alumnus, University of Dhaka.