Human Rights_Final.compressed

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HUMAN RIGHTS VIOLATION MONITORING AND REPORTING:
A Standard Proceeding
Document produced in:
May 2015
Prepared by:
Shankor Paul
Head, Human Rights Unit, Concern Universal-Bangladesh
Published by:
Concern Universal, Bangladesh (CUB)
Manab Mukti Sangstha (MMS)
Funded by:
EIDHR Programme of the European Union
ISBN: 978-984-33-9580-1
The document on “Monitoring and Reporting of Human Rights violation: A Standard Proceeding” is produced by
Concern Universal-Bangladesh in collaboration with Manab Mukti Sangstha (MMS) as integral part of the activity
component 1.4 of the “Promoting Rights and Accessibility of the ultra-poor in char-land areas through Democratic
Local Governance (PRADG)” project. This is an attempt to standardize the proceeding of monitoring and reporting of
human rights violation issues that mostly done by the Human Rights organizations.
It is expected that this will be an useful document for the Human Rights defenders, academician, researchers and the
relevant state agencies to apply the standard proceedings in monitoring and reporting of Human Rights violations in
context of Bangladesh.
For Further information, please contact:
Shankor Paul
Head, Human Rights Unit
Concern Universal, Bangladesh
House-8 (4-5th floor), Road-28, Block-K, Banani
Dhaka-1213, Bangladesh, Tel: +880-2-9855296 (108)
E-mail: shankor.paul@concern-universal.org
Website: www.concern-universal.org
Disclaimer: The Book has been developed with the financial assistance of the European Union. And, the views or
opinion herein does not endorsed by the European Union.

1. Introduction 1
1.1 Background 1
1.2 Objectives 1
1.3 Structures of the standard proceedings 2
1.4 Guiding principles for using this standard 2
2. Concept and Definition of Key Terms 3
2.1 What is Rights? 3
2.2 What are Human Rights? 3
2.3 What are Human Rights violations? 4
2.4 What are the Conceptual differences of HRV with Crimes and offence? 7
2.5 What is Monitoring of Human Rights Violation? 7
2.6 What is Reporting of Human Rights violation? 8
3. Analysis of the Context of Human Rights Violations 9
3.1 Ways for searching a rights framework 9
3.2 Understanding of ground situation for contextual analysis 9
3.3 Identify the Human rights standard 10
3.4 Potential uses of Human Rights Standards 26
4. The Ground Monitoring 30
4.1 Importance of Ground Monitoring 30
4.2 Major steps in Ground Monitoring 30
4.3 Basic principles: 31
4.4 The Basics of ground monitoring 33
4.5 The Security when collecting information 48
4.6 Verification of information 48
4.7 Analysis of monitoring information: 49
5. Reporting of Human Rights Violation 51
5.1 General principles on human rights reporting: 51
5.2 Considering points in preparation of Human Rights Violation Report 51
Annex-1: Incident Reporting Template 54
Annex-2: Interview Checklist for women (as reference of VAW) 58
Annex-3: Interview Checklist for Children 63
Table of contents

The monitoring and reporting of Human Rights
situation is very important for rights-based
programming. A numbers of organizations, who
work on human rights issues in Bangladesh, are
using their own mechanism to monitor and report
the human rights violation. As Human Rights issues
relates not only with local contexts and legislations
but also relates with the state obligations to comply
with UN standards as state party or as member of
United Nations. So, there is a need to standardize
the proceedings of monitoring and reporting of
human rights violation for upholding rights of people
in Bangladesh.
The standard proceedings will provide an overview
of the doctrine and methodology of human rights
violation monitoring and reporting as guiding
document for the human rights officials, monitors,
and supervisory officials who handle the various
contexts for upholding people’s rights in
Bangladesh. It sets forth the conceptual
understanding of human rights and its violations,
sources of standards, state performances,
identifying human rights violations, information
collection and analysis in line with standards,
reporting of human rights violations and
recommended actions as response to human rights
violations. The standard proceeding strategically
incorporates broadly accepted principles of human
rights monitoring, which should be observed by all
in their works with common mandates.
1.1 Background
The monitoring and reporting of human rights
violations is an integral part of the PRADG
(Promoting Rights and Accessibility of the
Ultra-poor in Char-land areas through Democratic
Local Governance) project that introduced a ground
mechanism to collect information of people’s
complaints to the village courts and police stations
and to sensitize the respective authorities to resolve
those complaints as per law.
The learning in application of ground mechanism
reveals that it should be linked with a set of
proceedings in line with national laws and UN
standards. Considering that the PRADG project
took initiative to review the existing mechanisms
(used by different organizations) for monitoring and
reporting of Human Rights violations and produce a
standard document that may useful for all.
1.2 Objectives
The overall objective of this document is to provide
guidance on the systematic gathering of accurate,
timely, objectively and reliable information on
violation of human rights that lead the appropriate
reporting process and responses to protect and
foster compliance with international standards and
norms. This also describes a clear proceeding for
monitoring of human rights violations as guiding
document for all actors to work together with a view
to uphold people’s rights in Bangladesh.
The specific objectives are as follows:
1) to provide basic information on human rights,
its standards and obligations that refers to the
national legal frameworks and UN Standards;
HUMAN RIGHTS VIOLATION MONITORING AND REPORTING: A STANDARD PROCEEDING 01
1. INTRODUCTION

HUMAN RIGHTS VIOLATION MONITORING AND REPORTING: A STANDARD PROCEEDING02
2) to provide information on standard proceedings
on ground monitoring and reporting of human
rights violations in context of Bangladesh.
1.3 Structures of the standard proceedings
The standard proceeding provides a step by step
approach in monitoring and reporting of human
rights violations. This enables officials of the human
rights-based organizations with basic knowledge on
how to recognize human rights violations and how
to monitor and report on them. It has been divided
into four major segments for clear understanding of
monitoring and reporting mechanisms:
1.4 Guiding principles for using this standard
The standard proceedings of human rights violation
monitoring and reporting emphasize the following
guiding principles:
 Basic principles
Key principles that guide the Human Rights
Monitoring are as follows:
- impartiality
- accuracy
- objectivity and
- neutrality.
Segments Components
One Concept and definition of key terms
Two Analyzing the Context of Human Rights Violations
Three The Ground Monitoring
Four Reporting of Human Rights Violation
 Ethical considerations
Key ethical issues that guide the Human Rights
- Safety and security (for victims)
- Humanity
- Sensitivity to local culture and customs
 Gender consideration
Key gender issues that guide the Human Rights
- Gender sensitivity
- Gender segregation of data/information
- Consideration of specific needs and
coping capacity of women and girls.
 Active participation
Key considerations that guide the Human Rights
- favorable environment that facilitate risk
free participation
- Informed participation
- Effective remedy

2.1 What is Rights?
Right is an entitlement of a person. It is an interest that
recognized and protected by a rule of right. As an
example:
We use “Right” when we say that a person has a right
to his estate or a right to defend himself. A right entails
an obligation and can be enforced.
The rights issues have two major dimensions, such as:
i) legal rights; and ii) moral/natural rights. Legal Right
is an interest that recognised and protected by rule of
legal system and justice. The citizens of can enjoy
“legal rights” that conveyed by the statutes or
legislature. And, Natural Rights are called moral rights
or unalienable rights. These are not created or
conferred by any government or statute or custom or
convention of any political system. It is morally
universal.
2.2 What are Human Rights?
Human rights recognize inherent dignity of all human
being as the foundation of freedom, justice and peace1
.
Human rights reflect the minimum standards
necessary for people to live with dignity and equality.
Human rights give people the freedom to choose how
they live, how they express themselves, and what kind
of government they want to support, among many
other things. Human rights also guarantee people the
means necessary to satisfy their basic needs, such as
food, housing, and education, so they can take full
advantage of all opportunities. Finally, by guaranteeing
life, liberty and security, human rights protect people
against abuse by those who are more powerful2
.
According to UN3
:
Human rights are rights inherent to all
human beings, whatever our nationality,
place of residence, sex, national or ethnic
origin, colour, religion, language, or any
other status.
According to Bangladesh National Human Rights
Commission:
“Human Rights” means Right to life, Right to
liberty, Right to equality and Right to dignity
of a person guaranteed by the constitution
of the People’s Republic of Bangladesh and
such other human rights that are declared
under different international human rights
instruments ratified by the People’s
Republic of Bangladesh and are enforce
able by the existing laws of Bangladesh.
According to the United Nations, human rights:
Ensure that a human being will be able to
fully develop and use human qualities such
as intelligence, talent, and conscience and
satisfy his or her spiritual and other needs4
.
2. Concept and Definition of Key terms
1
Preamble of the UDHR, 1948
2
The Advocates for Human Rights and the United States Human Rights Network, “A
Practitioner’s Guide to Human Rights Monitoring, Documentation, and Advocacy”,
January 2011. Also available at:
http://www.theadvocatesforhumanrights.org/uploads/final_report_3.pdf
3
the Office of the United Nations High Commissioner for Human Rights;
http://www.ohchr.org/en/issues/pages/whatarehumanrights.aspx
4
United Nations CyberSchoolBus, ―Understanding Human Rights, accessed Nov. 10, 2010,
http://www.un.org/cyberschoolbus/humanrights/about/understanding.asp

Human Rights are recognized a set of moral and
legal standards to which governments are to be
held accountable. It refers that Human Rights are:
- Internationally guaranteed
- Legally protected
- Focuses on the dignity of the human being
- Protects individuals and groups
- Places obligations on states and state
actors
- Cannot be waived / taken away
(inalienable)
- Equal and interdependent
- Universal
It is important to note here that human rights of all
individuals and groups are protected by law (‘the
rule of law’). The basic notion of fact is to protect the
individuals or groups against the (arbitrary) use of
state power. The attention is therefore focused on
those rights which oblige the government (State) to
refrain from certain actions that violates human
rights. Human Rights entail to establish rules for
standardization of basic relations between the state
and individual, and between individuals
themselves. As an example: the right to life means
that the state (government) must take all necessary
actions (i.e. legal/administrative/judicial) to protect
people against extrajudicial killing, torture, homicide
or enforced disappearance by state agencies or by
fellow individuals.
Therefore, Human rights entail both rights and
obligations. Respecting human rights involves5
: a
conscious effort to find our common essence
beyond our apparent divisions, our temporary
differences, our ideological and cultural barriers.
2.3 What are Human Rights violations?
Generally, Human Rights violation refers to failures
of the government (state) to implement or exercise
its legal obligations.
The term “Human rights violation” describes in the
United Nations training manual “as governmental
transgression of the rights guaranteed by national,
regional and international human rights law and
acts and omissions directly attributable to the State
involving the failure to implement legal obligations
derived from human rights standards.
5
Boutros Boutros-Ghali, UN Secretary-General, in opening the World Conference on
Human Rights 1993
Sate
Duty
Protect Respect Fulfill
Individuals
Obligations

According to the Training Manual of OHCHR on
Human Rights Monitoring, the events of human rights
violation can be occurred in the following ways:
 When the law, policy or practices deliberately
contravenes or overlooks obligations of the
government concerned or when the government
fails to achieve required human rights standards.
Example:
- Extra-judicial killing by state agent is a
violation of human rights because as state
party of the ICCPR, 1966, Bangladesh has
an obligation to protect the right to life of
every human being (by law).This means
that nobody should be arbitrarily killed by
the state agent (obligation to respect).
Reference: Article-6(1) of the ICCPR, 1966:
“Every human being has the inherent right
to life. This right shall be protected by law.
No one shall be arbitrarily deprived of his
life”.
 When the government fails to perform its three
distinct obligations: obligations to respect protect
and fulfill to ensure minimum level of rights (i.e. civil,
political, economic, social and cultural), it
constitutes a violation of human rights
Example:
- Restriction to participate in election process
is a violation of civil & political rights.
- Forcible work like a Slave is a violation of
human rights.
- Keeping accused juveniles and adults in the
same place of jails is a violation of child
rights.
- Works in risky condition and unequal
payment for similar work of men and
women is also violation of rights.
Reference-1: Article-25 (b) of the ICCPR, 1966:
“To vote and to be elected at genuine
periodic elections which shall be by
universal and equal suffrage and shall be
held by secret ballot, guaranteeing the free
expression of the will of the electors”
Reference-2: Article-8 (1) of the ICCPR, 1966:
“No one shall be held in slavery; slavery and
the slave-trade in all their forms shall be
prohibited”.
Reference-3: Article-10 (2).b of the ICCPR, 1966:
Accused juvenile persons shall be
separated from adults and brought as
speedily as possible for adjudication.
Reference-4: Article-7(a) (b) of the ICSESCR:
The right of everyone to the enjoyment of
just and favorable conditions of work which
ensure, in particular:
(a.1) Fair wages and equal remuneration for
work of equal value without distinction;
(b) Safe and healthy working conditions;
 When the government action encourages any
discrimination on grounds of race, color, sex,
language, religion, political or other opinion,
national or social origin, property, birth or other
status with the purpose or effect of abolishing or
impairing the equal enjoyment of any human rights
constitutes a violation of human rights.
Example:
- Denying the rights of ethnic, religious or linguistic
minorities is a violation of human rights.

Reference: Article-27 of the ICCPR, 1966
Ethnic, religious or linguistic minorities exist
in the state shall not be denied the right, in
community with the other members of their
group, to enjoy their own culture, to profess
and practice their own religion, or to use
their own language.
 When any event of “human rights abuses” done
by non-state actors, it also constitutes violation of
human rights.
Figure-1: violation of human rights
It is fact that the denial of human rights is not only a
state or non-state actors concern, it may create a
condition of social and political unrest that
contributes to generate violence and conflict in the
society and state.
Individuals/groups of
peoplebecomes victim
Human Rights
Denying the rights …
Failures of state to comply
with its legal obligations
As an example-1: Extra-Judicial killing
The term ‘extrajudicial killing’ in its original meaning
refers to homicides (killing) that are committed
outside the legal system with no prior judgment of a
court.
Source: US legal definition of extrajudicial killings
(Sinaltrainal v. Coca-Cola Co., 578 F.3d 1252 (11th
Cir. Fla. 2009)
References of Human Rights violation:
A violation occurs when there is deprivation of life of
a person:
 Outside any due judicial process;
 As a result of an act or an order;
 By a state actor or by any other person
acting with support, tolerance or consent of
the State
And, as compliance with the constitutional
provisions and UN Human Rights standards:
The Constitution of Bangladesh UN Human Rights standards
Article-31: Right to Protection by Law Article 3 of the UDHR, 1948:
Everyone has the right to life,
liberty and security of person
Article-6(1) of the ICCPR, 1966:
“Every human being has the inherent right to life. This right
shall be protected by law. No one shall be arbitrarily
deprived of his life”.
Article-32: Protection of Right
to life and personal liberty
HRC General Comment No. 6: Article 6 (Right to Life) on
30 April 1982:
It is the supreme right from which no derogation is
permitted even in time of public emergency which threatens
the life of the nation (art. 4). This right should not be
interpreted narrowly.
Article-35: Protection in respect
of Trial and Punishment

2.4 What are the Conceptual differences of HRV
with Crimes and offence?
Crimes means acts or omissions that specially
declared as crime by the law of the land (i.e.
Bangladesh)
Example: Murder, Suicide, hurt, wrongful
confinement, criminal forces, Kidnapping, Rape etc.
Reference: Crime or offence has been defined in
the Section-4 of the Code of Criminal Procedure,
1898
Offence means any act or omissions made
punishable by the enacted law (i.e. laws of
Bangladesh).
Example:
• It is generally affects human body;
• offences against property;
• Offences against public justice
• Offences affecting public health and safety
• Offences relation to religion etc.
Reference: Section-40 of the Penal Code, 1860 has
defined “offence”, which made punishable under
the Penal Code, 1860 and under any social or
national laws.
2.5 What is Monitoring of Human Rights
Violation?
Monitoring is the systematic process of collecting,
analyzing and using information to track the
progress of an event toward reaching its objectives
and to guide management decisions.
Monitoring usually focuses on processes, such as:
 when and where activities occur,
 who delivers them and
 how many people or entities they reach.
According to Human Rights perspectives,
“Monitoring” is a process of active collection,
verification and immediate use of information to
address human rights problems
Therefore, Human Rights monitoring is very much
important to extract the real facts and evidential
information on human rights problems to reinforce
legal obligations of the government and other
relevant actors for the protection of human rights.
Example:
Human Rights organizations can monitor the
human rights violation issues through media
reports, field observations and direct investigation
to collect necessary evidential information for their
strategic actions. The Human Rights organizations
can work together with the National Human Rights
Commission, Bangladesh to present the monitoring
results to the attention of state authorities, policy
makers, academicians, lawyers and others both in
the national and international level to search
potential solution.

2.6 What is Reporting of Human Rights
violation?
Generally, Reporting is a systematic presentation of
information about a specific human rights
problem/issue.
• It contains a complete and compact
written document giving updated
information about a specific problem or
situation.
• It can be defined as an explanatory
statement of facts relation to specific
problem or issue that provide information
for effective response and follow up
action.
Reporting of human rights violation means the
systematic presentation of information on specific
human rights problem that collated from different
sources.
It contains is a complete and compact written
document giving updated information about a
specific problem or situation. It can be defined as an
explanatory statement of facts relation to specific
problem or issue that provide information for
effective response and follow up action. So,
reporting is an essential element to understand the
facts for making the responsible authorities well
informed and sensible to take timely decision and
action. Reporting of Human rights violation is very
important to reinforce the mandates and obligations
of the Human Rights organizations.
This reporting is essential tools to:
• Demonstrate the context of specific human
rights problem/issue.
• Understand the facts with valid evidences
on the acts, victims and perpetrators.
• Relate the facts with human rights
standards
• Explore suggestive actions as response to
the fact.
• Initiate advocacy and dialogues (by the
Human Rights organizations) with involved
authorities and parties for taking visible
action.

3.1 Ways for searching a rights framework
The Human Rights organizations should have to
observe the ground situation of the
problems/issues. Then they should seek
information in a given situation if it is relevant to
their mandates and obligations in line with national
legal framework and UN Human Rights standards.
As an example:
The Human Rights organization may receive
information that the working conditions of women in
a factory are very exploitative. Then, they are
assigned to talk to the workers and prepare a report
on the violations faced by them. As response,
initially the officials may ask themselves:
• What are the entitlements of women workers
in the constitution of Bangladesh and
international human rights standards?
• What are the provisions in the labor laws of
Bangladesh that applicable to the women
workers in the concerned industry?
• Do the existing provisions in the labor laws
recognize as the rights guaranteed in the
Constitution and other international human
rights treaties signed or ratified by the
government of Bangladesh?
At the initial stage, the officials should have to
realize the above mentioned queries in context of a
given situation. The answers of those queries will
3. Analysis of the Context of
Human Rights Violations
be helpful to prepare a checklist or questionnaires
for collection of relevant information, which is
required for preparing a report. Regarding this, they
should have to well aware about the legal and
constitutional information, such as:
• Relevant constitutional provisions (as per
the Constitution of Bangladesh)
• International conventions, treaties ratified by
the government of Bangladesh;
• Important court cases, judgments etc.
• National Laws (including CrPC and penal
code)
With the added knowledge and information, the
assigned officials of Human Rights organization
should be able to compare or verify the collated
information with the normative standards of the
right to assess whether it is an incident of human
rights violation or not. If they satisfy that it is a case
of human rights violation then they should proceed
on defining the specific nature of the human rights
violation.
3.2 Understanding of ground situation for
contextual analysis
After defining a rights framework, the assigned
officials should have to understand the ground
situation in relation to specific human rights
problems that may contribute to contextual analysis
of human rights violation. The following information
is required for understanding of ground situation

I. Contextual information:
• Social and economic condition;
• Demographic condition; and
• Political conditions of a given situation.
Because it is a valid points in human rights
monitoring that the social, economic and political
conditions to some extent plays an important role to
create a condition for human rights violation.
II. Possible sources:
• Official records/reports,
• Academic reports,
• Media reports,
• Bangladesh Bureau of statistics or local
records.
Therefore, understanding of the social, economic,
demographic and political context will enable the
human rights monitors to collect more relevant and
specific information relating to causal ground of the
incident, nature of violation, victims and
perpetrators with valid evidence.
3.3 Identify the Human rights standard
There are three potential sources of Human Rights
standards, which are as follows:
1. International Human Rights Instruments;
2. Regional Human Rights Instruments; and
3. National instruments
- Constitution of Bangladesh
- National laws
Figure-2: Sources of Human Rights Standards
I. Bangladesh
constitution
II. National Iaws
International
Human
Rights
Standards
National Regional

1. International Human Rights Instruments
The most important international Human Rights
instruments are:
 Universal Declaration of Human Rights
(UDHR);
 International Covenant on Civil and Political
Rights (ICCPR); and
 International Covenant on Economic, Social
and Cultural Rights (ICESCR). These three
instruments are jointly named as
international bill of rights.
The basic human rights standards for all people and
all nations firstly adopted and declared by the
United Nations6
on 10th December 1948 as
Universal Declaration of Human Rights (UDHR).
The standard initially introduced a numbers of rights
and entitlements in relation to:
• Human Rights and fundamental rights
• Civil and political rights
Figure-3: International Bill of Rights
• Economic, social and cultural rights.
• Entitlements to live in disciplinary social and
internal orders.
Though it has no legal binding on states but every
states of United Nations accepted the rights
provisions as part of their moral obligation to protect
human rights for all. Because the UDHR denoted
that-
“All human beings are born free and equal in dignity
and rights” (Article-1) and “Everyone is entitled to all
the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour,
sex, language, religion, political or other opinion,
national or social origin, property, birth or other
status” (Article-2).
6
Basic standard inserted by United Nations in the Universal Declaration of Human
Rights in 1948. For details, see: http://www.un.org/en/documents/udhr/
INTERNATIONAL BILL OF TIGHTS
Universal Declaration of Human Right
(UDHR), 1945
International Covenant on Civil
and Political Rights (ICCPR),
1966 and its Protocol
International Covenant on
Economic, Social and Cultural
Rights (ICESCR), 1966 and its
Protocol

The basic human rights standards are further extended by United Nations in a numbers of treaties and
conventions with a set of legal obligations on state parties. The major treaties and conventions of the
United Nations that signature, accessioned or ratified by Bangladesh are as follows:
International treaties/conventions Status of Bangladesh
International Covenant on Civil and Political Rights
(ICCPR), 1966
Bangladesh accessioned it on 6 Sep
2000
International Covenant on Economic, Social and
Cultural Rights (ICESCR), 1966
Bangladesh accessioned it on5 Oct
1998
Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW)
Bangladesh accessioned it on 6 Nov
1984
Convention on the Rights of the Child(CRC), 1989 Bangladesh ratified it on August 1990
International Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or
Punishment (CAT),1984
Bangladesh accessioned it on 5 Oct
1998
International Convention on the Elimination of
Racial Discrimination (ICERD),1965
Bangladesh accessioned it on 11 Jun,
1979
Convention on the Rights of Persons with Disabilities Bangladesh ratified it on30 Nov 2007
The United Nations Framework Convention on
Climate Change, 1992
Bangladesh ratified it on15 Apr 1994
Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families,
1990
Bangladesh accepted it with signature
on7 Oct 1998
ILO Convention on the Worst Forms of Child Labor,
1999 (No 182)
Bangladesh ratified it on 12 Mar
2001

In addition to that Bangladesh is a signatory in a
numbers of declarations as member states of
United Nations. It also bears moral obligations to
comply with the rights standards mentioned in the
declarations. As state party of the UN treaties and
conventions, or as UN member state, the
government of Bangladesh is primarily responsible
to implement human rights standards and
provisions for all.
The following human rights provisions that refereed
to a numbers of international Human Rights
Instruments can be linked with the priority human
rights concerns:
I. Rights provisions in the International
Covenant on Civil and Political Rights (ICCPR),
1966
This Covenant was adopted by the United Nations
General Assembly on 16 December 1966 and
entered into force on 23 March 1976. By the end of
2001, the Covenant had been ratified by 147 states.
Basically the civil and political rights and freedoms
that were introduced in UDHR (as Article 3-21)
elaborated further in this covenant. This Covenant
consists of 53 Articles and is divided into VI parts.
The part-I, II and III enumerated a numbers of rights
provisions while other parts are introduced
implementation procedures for effective realization
of these rights.
Article 1 refers that
 All peoples have the right of self-determination.
By virtue of that right they freely determine their
political status and freely pursue their economic,
social and cultural development.
 All peoples may, for their own ends, freely
dispose of their natural wealth and resources
without prejudice to any obligations arising out
of international economic co-operation, based
upon the principle of mutual benefit, and
international law. In no case may a people be
deprived of its own means of subsistence.
 The States Parties shall promote the realization
of the right of self-determination, and shall
respect that right, in conformity with the
provisions of the Charter of the United Nations.
Article 2-5 stipulates a set of rights and obligations
on the states. This includes obligation of state to
respect all individuals within its territory without
distinction. The obligation also refers to take
necessary steps and measures (legal, judicial,
administrative or others) to give effect to the rights
recognized in the Covenant. States are obliged to
ensure the right to equality between men and women
in the enjoyment of their civil and political rights
Article 6-27 (Part-III) deals with specific civil and
political rights of the people, which are as follows:
o The right to life and survival (Article 6).
o The freedom from inhuman or degrading
treatment or punishment (Article-7).
o The freedom from slavery, servitude and
forced labor (Article-8).
o The right to liberty and security of the
person and freedom from arbitrary arrest
or detention (Article-9).
o The right of detainee to be treated with
humanity (Article-10).

o The freedom from prison due to debt
(Article-11).
o The right to liberty and freedom of
movement (Article-12).
o The freedom of alien from arbitrary
expulsion (Article-13).
o The right to equality before the law; the
right to be presumed innocent until proven
guilty and to have a fair and public hearing
by an impartial tribunal (Article-14).
o The right to non-retroactive application of
criminal law (Article-15).
o The right to be recognized as a person
before the law (Article-16).
o The right privacy and its protection by the
law (Article-17).
o The freedom of thought, conscience and
religion (Article-18).
o The freedom of opinion and expression
(Article-19).
o Prohibition of propaganda advocating war
or national, racial or religious hatred
(Article-20).
o The right to peaceful assembly (Article-21).
o The right to freedom of association
(Article-22).
o The right to marry and found a family
(Article-23).
o The rights for children (status as minors,
nationality, registration and name)
(Article-24).
o The right to participate in the conduct of
public affairs, to vote and to be elected and
access to public service (Article-25).
o The right to equality before the law and
equal protection (Article-26).
o The rights, for members of religious, ethnic
or linguistic minorities, to enjoy their
culture, practice their religion and use their
language (Article-27).
It is noted here that all the civil and political rights
(mentioned above) are not absolute and are not
subject to any restrictions except those are provided
by law, are necessary to protect national security,
public order, public health or morals or the rights
and freedoms of others. Besides, Article-4 (2)
denotes that there are certain rights in which no
derogation can be made, such as: Right to life
(Article-6); Freedom from inhuman or degrading
treatment or punishment (Article-7); Freedom from
slavery, servitude and forced labor (Article-8);
Freedom from prison due to debt (Article-11);
Non-retroactive application of criminal law
(Article-15); Right to be recognized as a person
before the law (Article-16); and Freedom of thought,
conscience and religion (Article-18).

II. Rights provisions in the International
Covenant on Economic, Social and Cultural
Rights (ICESCR), 1966
This Covenant was adopted by UN General
Assembly under the resolution 2200A (XXI) of 16
December 1966. It came into force on 3rd January
1976.
Basic provisions
The ICESCR contains with 31 Articles, which are
divided into five parts. Particularly the PART: I and
PART: III of thisCovenant introduced a set of rights
provisions, which are as follows:
o Right to self-determination (Article-1)
o Right to work (Article-6).
o Right to just and favorable condition of
work (Article-7).
o Right to form and join trade unions
(Article-8).
o Right to social security, including social
insurance (Article-9).
o Right related to motherhood, childhood,
marriage and the family (Article-10).
o Right to an adequate standard of living for
himself and his family and right to be free
from hunger (Article-11).
o Right to the enjoyment of the highest
attainable standard of physical and mental
health (Article-12).
o Right to education. Primary education
should be compulsory and free to all
(Article-13).
o Right to take part in cultural life; enjoy the
benefits of scientific progress (Article-15).
State obligations:
The ICESCR, 1966 adopted a significant approach
in determining the state obligations, which defined
in the Article-2. It pin pints that state parties have
undertaken legally binding obligations to take steps,
to maximization of their available resources, to
achieve progressively the full realization of
economic, social and cultural rights that set forth in
the covenant. Hence, the concept of progressive
realization constitutes a recognition of the fact that
full realization of all economic, social and cultural
rights will generally not able to achieve in a short
period of time. In this case, all state parties have an
obligation to begin immediately to take necessary
steps for full realization of the rights contained in the
covenant. State parties shall use appropriate
means including:
o Legislative
o Administrative
o Judicial,
o Economic, social and educational
measures in line with the nature of rights.
The state obligation of progressive achievement
does not only refer to an increase of resources, but
even more to an increasingly effective use of the
available resources that will ensure everyone’s
satisfaction without discrimination to fulfill their
rights. Hence, the available resources include:
o Internal resources of the state parties;
o International cooperation and assistance.
Article-2 also reveals that the realization of rights by
the states may vary in terms of their internal

resources and ability of its effective uses. Because,
there are some states in developing countries
invariably face different problems in terms of their
available resources, so different criteria will have to
be applied for different states in determining the
obligations.
The Covenant has certain reluctance to immediate
implementation of the rights provisions. There is a
concern that the implementation of Economic,
social and cultural rights require maximization of
available resources and external
assistance/cooperation. It bears a sense that each
state invariably faces different problems in terms of
their available resources and so different criteria will
have to be applied for different states in determining
the obligations. As an example: Right to an
adequate standard of living for himself and his
family (Article-11). It requires more resources,
external cooperation and more time to reach into a
standard by the state party like Bangladesh.
III. Provisions of Human Rights for Women:
Women rights have been considered as human
rights since 1945 (at the time of establishment of
the United Nations). The preamble of the UN
Charter reaffirms faith in fundamental rights, in the
dignity and worth of the human person, in the equal
rights of men and women. Article-1 (3) of the UN
Charter refers that the purpose of UN is 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. Considering that
Universal Declaration of Human Rights (UDHR),
1948 asserts the principles of non-discrimination
and proclaim that all human being are born free and
equal in dignity and rights and that everyone is
entitled to all the rights and freedom set forth
therein, without distinction of any kind, such as
race, colour, sex, language, religion, political or
other opinion, national or social origin, property,
birth or other status
On the basis of international commitment, UN
general assembly adopted a Declaration on the
Elimination of Discrimination against Women in 7th
November, 1967 in line with the provisions of
UDHR, 1948. As it has no legally binding obligation
on UN member states, in 1979 the United Nations
General Assembly adopted the Convention on the
Elimination of All Forms of Discrimination against
Women (CEDAW) for legal implementation of the
Declaration on the Elimination of Discrimination
against Women. It is defined as an international bill
of rights for women that came into force on 3
September 1981.
CEDAW consists of a preamble and 30 Articles. It
can be divided into following three broad
categories:
1. Article 1-16 : ensuring equality between
men and women.
2. Article 17-22 : UN CEDAW Committee
andits mandate.
3. Article 23-30 : administration of the treaty.
Article-1 of the CEDAW defines “discrimination
against women” in the following terms:

“Any distinction, exclusion or restriction made on
the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or
exercise by women, irrespective of their marital
status, on a basis of equality of men and women, of
human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other
field”.
By accepting the Convention, States commit
themselves to undertake a series of measures to
end discrimination against women in all forms,
including:
• to incorporate the principle of equality of men
and women in their legal system, abolish all
discriminatory laws and adopt appropriate
ones prohibiting discrimination against
women;
• to establish tribunals and other public
institutions to ensure the effective protection
of women against discrimination; and
• to ensure elimination of all acts of
discrimination against women by persons,
organizations or enterprises.
Basic Rights provisions in the CEDAW:
Article 3: Equality.
Women are fundamentally equal with men
in all spheres of life. Countries must take
measures to uphold women's equality in
the political, social, economic, and cultural
fields.
Article 4: Temporary special measures
Countries may implement temporary
special measures to accelerate women's
equality.
Article 5: Prejudice.
Countries agree to modify or eliminate
practices based on assumptions about the
inferiority or superiority of either sex.
Article 6:Suppress Trafficking of women
Countries agree to take steps to suppress
the exploitation of prostitution and
trafficking in women.
Article 7: Political and public life
Women have an equal right to vote, hold
public office, and participate in civil society.
Article 8: International work
Women have the right to work at the
international level without discrimination.
Article 9: Nationality.
Women have equal rights with men to
acquire, change, or retain their nationality
and that of their children.
Article 10: Education.
Women have equal rights with men in
education, including equal access to
schools, vocational training, and
scholarship opportunities.

Article 11: Employment.
Women have equal rights in employment,
including without discrimination on the
basis of marital status or maternity.
Article 12: Health.
Women have equal rights to affordable
health care services.
Article 13: Economic and social life
Women have equal rights to family
benefits, financial credit, and participation
in recreational activities.
(a) The right to family benefits
(b) The rights to Bank loans, mortgages
and other forms of financial credit.
(c) The right to participate in recreational
activities, sports and all aspects of
cultural life.
Article 14: Rural women
Rural women have the right to adequate
living conditions, participation in
development planning, and access to
health care and education.
Article 15: Equality before the law
Women and men are equal before the law.
Women have the legal right to enter
contracts, own property, and choose their
place of residence.
Article 16: Marriage and family
Women have equal rights with men in
matters related to marriage and family
relations.
(a) The equal right to enter into marriage
(c) The equal rights and responsibilities
during marriage and its dissolution
(f) The equal rights and responsibilities to
guardianship, ward ship, trusteeship
and adoption of children
However, CEDAW provides the basis for realizing
equality between women and men through
ensuring women's equal access to, and equal
opportunities in, political and public life -- including
the right to vote and to stand for election -- as well
as education, health and employment. States
parties agree to take all appropriate measures,
including legislation and temporary special
measures, so that women can enjoy all their human
rights and fundamental freedoms.
Besides, the CEDAW is the only human rights
treaty which affirms the reproductive rights of
women and targets culture and tradition as
influential forces shaping gender roles and family
relations. It affirms women's rights to acquire,
change or retain their nationality and the nationality
of their children. States parties also agree to take
appropriate measures against all forms of traffic in
women and exploitation of women. The countries
that have ratified or acceded to the CEDAW are
legally bound to put its provisions into practice.
They are also committed to submit national reports,
at least every four years, on measures they have
taken to comply with their treaty obligations.

Reservations of Bangladesh in the CEDAW:
Bangladesh ratified the CEDAW on 6th of
November 1984 with reservations on Articles 2,
13.1[a], 16.1[c] and [f]. As successful event of
advocacy of women led civil action groups and
NGOs, Bangladesh Government has withdrawn its
reservation on articles 13 [a] and 16.1 [f]. At
present, two reservations in Bangladesh still
remain. These are as follows:
o Article 2 which refers to the complete
elimination of discrimination through all
possible constitutional, legislative and
legal provisions; and
o Article 16-1 (c) which refers to the equal
rights in marriage and at its dissolution.
Articles 2 and 16 are considered as core provisions
of the CEDAW by the United Nations. However, the
Bangladesh Government has placed a reservation
of these provisions in the name of conflicting with
sharia law based on the Holy Koran and Sunna.
While the Government feels that these provisions
conflict with religious Islamic laws, women feel
these reservations limits the protection and
promotion of their rights.
IV. Provisions of Human Rights for Children:
The rights of children are functionally recognized by
the League of Nations through the Geneva
Declaration of the Rights of the Child, 1924. This
refers that the children has the right to receive the
requirements for normal development, the right of
the hungry child to be fed, the right of the sick child
to receive health care, the right of the backward
child to be reclaimed, the right of orphans to shelter,
and the right to protection from exploitation. The
child rights provisions are also revealed in the
Article-25 (2) of the UDHR, 1948 as “childhood is
entitled to special care and assistance”. Based on
the principles of UDHR, the United Nations adopted
the Declaration of the Rights of the Child (1959),
which enunciated ten principles for the protection of
children's rights, including the universality of rights,
the right to special protection, and the right to
protection from discrimination, among other rights.
It is a fact that the declaration doesn’t have any
legal binding on the UN member states, and for this,
the United Nations finally adopted the “Convention
on the Rights of the Child (CRC) in 1989, that came
into force in 1990.
The Convention has 54 Articles and is divided into
three parts. The Convention (as part of Article-1)
states that:
A child means every human being below the age of
eighteen years unless under the law applicable to
the child, majority is attained earlier.

The following Rights of the Childare guaranteed
in the CRC:
1. Freedom from discriminations (Article 2)
2. Rights to life (Article-6)
3. Right to acquire a nationality (Article-7)
4. right to freedom of expression (Article-13)
5. Right to freedom of thought, conscience
and religion (Article-14)
6. Rights of the child to freedom of
association and to freedom of peaceful
assembly (Article-15)
7. Right to the protection of the law against
arbitrary or unlawful interference with his or
her privacy, family, or correspondence
(Article-16)
8. Right to information of national and
international sources (Article-17)
9. Right to entitlement of special protection
and assistance (Article-20)
10. Rights of mentally or physically disabled
child to enjoy a full and decent life
(Article-23)
11. Right to the enjoyment of the highest
attainable standard of health and to
facilities for the treatment of illness and
rehabilitation of health (Article-24)
12. Right to benefit from social security,
including social insurance (Article-26)
13. Right to a standard of living adequate for
the child's physical, mental, spiritual, moral
and social development (Article-27)
14. Right to education (Article-28)
15. Right to rest and leisure, to engage in play
and recreational activities (Article-31)
16. Right to be protected from economic
exploitation and hazardous/harmful works
(Article-32)
17. Right to be protected from torture or other
cruel, inhuman or degrading treatment or
punishment (Article-37).
Besides, the World Declaration on Education for All
(1990) refers the responsibility of the UN members
states to adopt this declaration to be committed “to
act take all necessary steps to achieve the goals of
education for all”.
V. Provisions of Human Rights for Migrants
Workers:
Human Rights of migrants’ workers got special
attention due to globalization and increasing trend of
migration. Considering it significance, United
Nations was adopted an international Convention on
the Protection of the Rights of All Migrant Workers
and Members of Their Families in 1990 that came
into force on 1st July 2003. The Convention protects
all migrant workers and members of their families,
irrespective of their legal status. The Convention
focuses on two major concerns: those applicable to
all migrant workers irrespective of their legal status
(part III) and those applicable to migrant workers in a
regular situation (part IV). Besides, the Convention
sets obligations on the state parties. As Bangladesh
is a state party of this Convention, the government
should have to comply with the obligations.
Article-2 (1) of this Convention refers the term
"migrant worker" refers to a person who is to be
engaged, is engaged or has been engaged in a
remunerated activity in a State of which he or she is
not a national.

Article-4 of this Convention refers the term
"members of the family" refers to persons
married to migrant workers or having with them a
relationship that, according to applicable law,
produces effects equivalent to marriage, as well as
their dependent children and other dependent
persons who are recognized as members of the
family by applicable legislation or applicable
bilateral or multilateral agreements between the
States concerned
Basic provisions:
The following human rights provisions are set forth
in this Convention:
• Human Rights of Migrant Workers and
Members of their Families:
Basic Freedoms:
• Right to freedom of movement to and from
their countries of origin (article 8);
• Right to life (article 9);
• Right to freedom from torture or cruel,
inhuman or degrading treatment or
punishment (article 10);
• Right to freedom from slavery, servitude or
forced compulsory labor (article 11);
• Right to freedom of thought, expression,
conscience and religion (articles 12 and
13);
• Right to privacy (article 14);
• Right to property (article 15);
Due process:
• Right to a fair and public hearing with all
the guarantees of a due process (articles
16-20);
• Right to be provided with necessary legal
assistance, interpreters and information in
an understood language (article 16);
• Right to liberty and security and freedom
from arbitrary arrest or detention (article
16);
• Right to be presumed innocent until proved
guilty (article 19);
• Prohibition to be subject to measures of
collective expulsion (article 22);
• Right to have recourse to diplomatic or
consular assistance and protection (article
23);
• Right to recognition everywhere as a
person before the law (article 24);
• Right to equality with nationals before the
courts and tribunals (article 18);
Employment:
• Right of equal treatment with nationals in
respect to remuneration and other
conditions of work such as overtime,
holidays, etc. (article 25);
• Right to join freely any trade union (article
26);
• Right to enjoy the same treatment as
nationals regarding social security benefits
in so far as they fulfill the legislation
requirements (articles 27);
• Right to emergency medical care (article
28);

Family and Children of Migrant Workers:
• Right to a name, registration of birth and
nationality (article 29);
• Right of access to education (article 30);
Cultural and Economic Rights:
• Right to preserve a cultural identity (article
31);
• Right to transfer earnings and savings
upon the termination of their stay in the
State of employment (article 32);
Information:
• Right to information by the State of origin,
State of employment, or the State of transit
of their rights arising from the present
Convention, the conditions of their
admission, and their rights and obligations
in those States (article 33):
Other Rights of Migrant Workers and Members
of their Families Who Are Documented or in a
Regular Situation:
Migrant workers and members of their families who
are documented or in a regular situation shall enjoy
the rights set forth below in addition to those
already mentioned. In such a way, the Convention
seeks to discourage illegal migration.
Temporary Absences:
Right to be temporarily absent, for reasons of family
needs and obligations, without effect on their
authorization to stay or work (article 38);
Freedom of Movement:
Right to liberty of movement in the territory of the
State of employment (article 39);
Employment:
• Right to form associations and trade
unions in the State of employment (article
40);
• The right to equality of treatment with
nationals in respect of protection against
dismissal, unemployment benefits and
access to alternative employment (article
54);
• In case of violations of work contracts by
the employer, the right to address his/her
case to the competent authorities of the
State of employment.
Political Rights:
• Right to participate in the public affairs of
the State of origin, in accordance with its
legislation (article 41);
• Right to vote and to be elected in the State
of origin, in accordance with its legislation
(article 41);
Cultural and Economic Rights:
• Right to enjoy from export and import taxes
(article 46).
• The right to equality of treatment with
nationals of the State of employment,
including access to educational, vocational
and social services (article 43);

Information:
• Right to information, including all
conditions concerning their stay and their
remunerated activities (article 37);
Obligations on States:
The Article-7 of the Convention refers that States
Parties should undertake, in accordance with the
international instruments concerning human rights,
to respect and to ensure to all migrant workers and
members of their families within their territory or
subject to their jurisdiction the rights provided for in
the present Convention without distinction of any
kind such as sex, race, colour, language, religion or
conviction, political or other opinion, national, ethnic
or social origin, nationality, age, economic position,
property, marital status, birth or other status.
VI. Provisions of Human Rights for the Persons
with Disabilities:
The rights of individuals with disabilities are
grounded in a human rights framework based on
the United Nations Charter, the Universal
Declaration of Human Rights (UDHR, 1948),
international covenants on human rights and
related human rights instruments. Persons with
disabilities are entitled to exercise their civil,
political, social, economic and cultural rights on an
equal basis with others under all the international
treaties. The basic human rights instrument relating
to rights of the persons with disabilities is “the
Convention on the Rights of Persons with
Disabilities that adopted by UN General Assembly
on 13th December 2006. Bangladesh has ratified
this Convention on 30th November, 2007 and so
Bangladesh should have to comply with the rights
provisions and obligations set forth in this
Convention.
In addition, a number of specific international
human rights instruments, which are linked with the
promotion of the human rights of persons with
disabilities, such as: Convention on the Elimination
of All Forms of Discrimination against Women; the
Convention against Torture and other Cruel,
Inhumane, or Degrading Treatment or Punishment
and the Convention on the Rights of the Child.
Article-1 of the Convention on Rights of Persons
with disabilities refers the term “persons with
disabilities as those who have long-term physical,
mental, intellectual or sensory impairments which in
interaction with various barriers may hinder their full
and effective participation in society on an equal
basis with others.
Article-4 (1) sets obligations on States Parties (like
Bangladesh) undertake to ensure and promote the
full realization of all human rights and fundamental
freedoms for all persons with disabilities without
discrimination of any kind on the basis of disability.
2. Regional Human Rights Instruments
It is fact that there is no potential Human Rights
instrument introduced at South Asian context.
Regarding this, we should have to rely mostly on
international and national instruments.
3. National Human Rights instruments
From the earlier discussion, it is clear that the
International human rights treaties and conventions

(including declarations) provide an important
framework for guaranteeing the rights of all people
without any discrimination. As state party, the
strongest protection for the rights of people is set up
in our domestic law. The Constitution of
Bangladesh provides fundamental, minimum
human rights protections the people. Many of the
human rights contained in the Constitution are also
found in the Universal Declaration of Human Rights
(UDHR), particularly the rights related to political
and civil liberties. The Constitution of Bangladesh
provides strong protections for civil and political
rights that mostly declare as fundamental rights but
it has limited guarantees on the economic, social,
and cultural rights that includes as part of basic
principles of the state.
Preamble of the constitution of Bangladesh pledges
that-
The fundamental aim of the State is to realize a
society in which the rule of law, fundamental
human rights and freedom, equality and justice
will be secured for all citizens.
The Constitution of Bangladesh provides strong
protections for:
 Civil and Political Rights that mostly declare as
fundamental rights but it has limited guarantees on
the Economic, Social, and Cultural Rights that
includes as part of basic principles of the state.
As an example:
I. Right to education is clearly recognized in the
Article-26 of the UDHR, Article 13 & 14 of the
ICESCR, and Article 28 of the CRC as core rights.
But the constitution of Bangladesh refers this rights
as part of Article 15 (a) and Article 17 as the State
policy (under the PART II) rather declaring as
fundamental rights. So, it doesn’t bear strong
guarantees as per the Constitution of Bangladesh.
Art.15 (a): Responsibility of State to increase
standard of living by providing for basic
necessities such as food, clothing, shelter,
education and medical care.
Art.17: State shall adopt effective measures for
provision of free and compulsory education to
all children.
II. Right to social security, which is recognized in
the Article22 & Article 25 of the UDHR?
Article-9 of the ICESCR, General Comment No. 19
of CESCR and Article26 and Article27 of the CRC.
But the Constitution of the People’s Republic of
Bangladesh denoted it in the Article 15 (a) and
Article 15 (d) under the principles of state policy.
Art.15 (d): Right to public assistance in cases of
undeserved want arising from unemployment,
illness or disablement or suffered by widows,
orphans, elderly people or in other such cases.
III. Right to participate in cultural life (Article-27
of the UDHR) incorporated in the Article-23 of the
BD Constitution.
Besides, Right to work, equal pay for equal work
and Right to just and favorable conditions of work

also refers in the constitution of Bangladesh as part
of the State policy (under the PART II) but not as
fundamental rights. Similarly Social Justice Issues
also refers in the PART-II (State Policy) of the
Constitution of Bangladesh. It means that there are
still gaps in the constitutional provision to comply
fully with the obligation of international human rights
standards.
The constitution of Bangladesh has declared a
numbers of rights as fundamental rights under the
Article 27 to 44, which are legally guaranteed and
judicially enforceable. Of these 18 fundamental
rights, only 12 rights provisions are granted to
citizens of Bangladesh and remaining 6
fundamental rights are granted to all persons.
These are:
The provisions of Fundamental Rights for the Citizens of
Bangladesh:
1. Equality before the law (Article-27)
2. Discrimination on the ground of religion etc.
(Article-28)
3. Equality of opportunity in public employment
(Article-29)
4. Prohibition of foreign titles etc. (Article-30)
5. Right to protection of law (Article-31)
6. Freedom of movement (Article-36)
7. Freedom of Assembly (Article-37)
8. Freedom of Association (Article-38)
9. Freedom of thought and conscience and of
speech (Article-39)
10. Freedom of Profession (Article-40)
11. Right to Property (Article-42)
12. Protection of home and Correspondence
(Article-43).
The provisions of Fundamental Rights for the all people
in Bangladesh:
1. Protection of rights to life and personal liberty
(Art. -32)
2. Safeguards as to arrest and detention
(Article-33)
3. Prohibition of forced labour (Article-34)
4. Protection in respect of trial and punishment
(Article-35)
5. Freedom of Religion (Article-41)
6. Enforcement of fundamental rights (Article-44).
Basic provisions in relation to fundamental
rights of the Constitution:
The fundamental rights are guaranteed in Article
44 of the Bangladesh constitution and the High
court division of the Supreme Court is empowered
to enforce fundamental rights under the Article-102
of the Bangladesh constitution by issuing certain
orders and directions for the executive, and or
legislature to take necessary measures for the
enforcement of fundamental rights:
 If the executive does anything in violation of
fundamental rights, the citizens can claim for
remedy and the rights can be re-gained by
the Courts.
 If the legislature enacts any law, which is
inconsistent with any of the fundamental
rights, the Supreme Court has the
jurisdiction to declare that law
unconstitutional.

As an example:
Article-33 “Safeguards as to arrest and detention”
of Bangladesh Constitution that refers as
fundamental rights provides the following
safeguards to a person for detention.
 Review by an Advisory Board
 Right to communication on the ground of
detention
 Right of representation against the detention
order.
Under this provision, the detainee can challenge
the lawfulness of detention through a writ petition of
Habeas corpus (under section 491 of CrPC) to the
High Court based on the Article 102(b) of the
Constitution of Bangladesh.
3.4 Potential uses of Human Rights Standards
For monitoring of human rights violation, the
assigned officials should use human rights
standards, which are referred in the constitution
and international human rights instruments. When
considering a state compliance with its rights
obligations, it is very much important to analyze the
Constitutional provisions and international
instruments (as part of state obligation) to define
responsibilities that places on the government.
Constitutional provisions would be the first line
of defense in cases of monitoring of human rights
violations. Because:
 The Constitution is the supreme law of
Bangladesh;
 The constitutional provisions are easy to
apply and widely recognized by the
legislature, judiciary and executive in the
country as the ‘law of the land’.
 The constitutional provisions and national
laws can relate in defending the facts of
human rights violations and then comply with
international human rights standards (as
obligation of Bangladesh as State party).
Considering points in the use of Human Rights
Standards:
For better uses of human rights standards in
monitoring, the Human Rights officials should have
to rely on the following steps (figure-4):
o Be familiar with national constitution and laws.
Then links the national rights provisions with
international human rights standards. It is more
useful if the relevant international human rights
instrument (relevant treaty and convention)
bears legal obligations on the government of
Bangladesh (as state party).
Therefore, if the national constitution and laws
are strong and clear enough, use it for
monitoring the cases of human rights violations.
o If there is arises a situations where there are no
national constitutional or legal provisions for
protecting a right, the only protection available
may be under the specific international human
rights instrument (i.e. Treaty/Convention).

o If the national constitution and laws provide no rights protection or if the national rights guarantees are
vague or weak, the international law, legislative records or judicial decisions (judgments) or other
relevant legal documents can be useful to “fill out “the gaps in legal application.
Considering that the officials should have to follow the following minimum proceedings to verify the
standards in the cases of human rights violation:
Figure-4: Uses of human rights standard
Are the national constitution and
laws are in line with Bangladesh’s
international human rights
standards and obligations?
Compare the national
constitutions and laws with
international human rights
standards
If the national constitution and
laws are strong and clear...
Use it for monitoring the cases of
human rights violations
• If the national constitution
and laws provide on rights
protection ; or
• If the national rights
guarantees are vague/ weak
Use international laws and
Standards for rights guarantees
and fill out the rights --- as
provision for action against
rights violation

As an example:
A Newspaper reported that a Slum that located in Mirpur area, Dhaka was
demolished in the night with bulldozers that affect more than 200 families used to live
in this slum.
With the reference of above mentioned case, the following Rights are aligned with the provisions of the
Constitution of Bangladesh:
Article-15 (a): It shall be a fundamental responsibility of the State to attain, through planned economic
growth, a constant increase of productive forces and a steady improvement in the material and cultural
standard of living of the people, with a view to securing to its citizens:
(a) The provision of the basic necessities of life, including food, clothing, shelter, education and medical
care.
Article-31: (Right to protection of law): “to enjoy the protection of the law, and to be treated in accordance
with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be,
and of every other person for the time being within Bangladesh, and in particular no action detrimental to
the life, liberty, body, reputation or property of any person shall be taken except in accordance with law”.
At the same ways, the following Rights are aligned with the provisions of the international Human Rights
instruments:
 ICESCR: Right to adequate housing is part of the Right to adequate standard of living guaranteed
under the Article-11: It refers the Right not to be forcibly evicted is included in the Right to adequate
housing.
 In the General comment no. 7 (on Forced evictions, and the right to adequate housing) of the
“Committee on Economic, Social and Cultural Rights “ has identified the elements of forced
eviction as:
The first step would be to identify the legal and human rights standards relates with
this fact

I. the permanent or temporary removal
against their will of individuals, families
and/or communities from the homes
and/or land which they occupy;
II. without the provision of, and access to,
appropriate forms of legal or other
protection.
The committee noticed that the practice of forced
evictions may also result in violations of civil and
political rights, such as the right to life, the right to
security of the person, the right to non-interference
with privacy, family and home and the right to the
peaceful enjoyment of possessions.
In this case, Article 2(1) of the ICESCR,1966 obliges
States to use "all appropriate means" to promote the
right to adequate housing.
The committee suggested the following procedural
measures:
(a) an opportunity for genuine consultation with
those affected;
(b) adequate and reasonable notice for all
affected persons prior to the scheduled date
of eviction;
(c) information on the proposed evictions and
where applicable, on the alternative
purpose for which the land or housing is to
be used, to be made available in reasonable
time to all those affected;
(d) especially where groups of people are
involved, government officials or their
representatives to be present during an
eviction;
(e) all persons carrying out the eviction to be
properly identified;
(f) evictions not to take place in particularly bad
weather or at night unless the affected
persons consent otherwise;
(g) provision of legal remedies; and
(h) provision, where possible, of legal aid to
persons who are in need of it to seek
redress from the courts.

4. The Ground Monitoring
4.1 Importance of Ground Monitoring
The ground monitoring is very much important for:
1. Providing immediate assistance
The victims and their family members may seek
assistance in cases of arrest, detention, disappear-
ance, torture and similar situations. In such cases,
the ground monitoring and verification of the facts
surrounding such violations are very important to
provide assistance to the victims.
2. Seeking redress and remedies
The victims may seek redress and remedies
through legal action. So, the finding of fact about
human rights violation may ensure that human
rights violations do not go unnoticed and unpun-
ished.
3. Changing Laws and policies
The ground information and fact-findings on human
rights violations issues may contribute to
change/review the national laws and policies to
ensure that these are consistent with international
standards and of putting pressure on governments
to comply with their treaty obligations.
4. Changing behavior and attitudes of authori-
ties
The Human Rights officials and other Human rights
activists may contribute to influence/inspire the
relevant institutional authorities (i.e. Police, Judges,
Policy-makers, local representatives) to change
their thinking, behavior and practices towards the
respect of human rights.
5. Awareness Raising
Regular demonstration and publication (in various
forms), based on evidential ground information of
human rights violation issues at different levels may
have significant contribution to raise public aware-
ness. The may alert them to take action against any
forms of human rights violations.
4.2 Major steps in Ground Monitoring
A set of systematic and interlinked processes are to
be considered in ground monitoring of Human
Rights problems, which are:
Basic principles
Reporting
Ground Monitoring
The Basis
Collecting
Information
Verification
Analysis of
Information
Figure-5: Components of ground monitoring

4.3 Basic principles:
The basic principles of monitoring are being
compiled from the UN OHCHR Training Manual on
Human Rights Monitoring7
and sorted in line with
monitoring mandates of the Human Rights
organizations. It is very much important for ground
monitoring of a particular human rights situation
and so the human rights monitors should follow the
following principles in the overall monitoring
process of human rights violation:
Principle-1: Do no harm
The notion of this principle is that the monitoring of
human rights violations should not cause further
damage to the informants (i.e. victims or witness). It
is a fact that information collection is essential part
of human rights monitoring but it should never be
done in such a condition that may bears the risk of
physical safety or mental stress of the informants.
Principle 2: Respect the Mandate
The Human Rights officials should have to ensure
that they fully understand their mandates and
obligations in monitoring of Human Rights violation
issues. They should well aware on how to the
monitoring fulfills the mandates and obligations,
what actions are permissible under the mandate,
and what ethical considerations and potential
harms are associated with it. The monitors should
always maintain professional and ethical
boundaries. They should realize that the informants
may need assistance in any critical circumstances.
7
Compiled from: Office of the High Commissioner for Human Rights (OHCHR), ―Basic
Principles of Monitoring Chap. V: Basic Principles of Monitoring in Training Manual on
Human Rights Monitoring;http://www1.umn.edu/humanrts/monitoring/chapter5.html and The
Advocates for Human Rights and the United States Human Rights Network, “A Practitioner’s
Guide to Human Rights Monitoring, Documentation, and Advocacy”, January 2011 (Chapter
3). Also available at: http://www.theadvocatesforhumanrights.org/uploads/final_report_3.pdf
Principle 3: Know the standards
The Human Rights officials should have clear
understand about the applicable standards and
laws, including relevant international human rights
standards. They should understand international
obligations of Bangladesh government and the
extent to which these obligations can be enforced.
Besides, they should be familiar with national laws
and policies as well as judicial decisions. In the
cases of human rights violation, they should
examine the issue broadly to determine if more
general standards applicable for it. .
Principle 4: Exercise good judgment
In any unexpected situation, the Human Rights
officials should exercise their own best judgment
and common sense.
Principle 5: Seek consultation
The Human Rights officials should communicate
with team members or similar working professional
throughout the monitoring stage and consult when
difficult questions arise. Regular consultation will
also allow the officials to continuously evaluate the
process and identify early patterns, gaps, and areas
for follow-up to avoid confusion. In addition,
appropriate consultation or seeking expert support
from other organizations or the informants
(victims/survivors, witness, advocates, academics)
might be helpful to avoid duplication or
contradiction in on going action and to determine
what recommendations they believe would best
promote the victims’ rights.
Principle 6: Respect the authorities
The Human Rights officials should keep in mind

that one of their basic roles is to encourage the
authorities to better perform their roles and
responsibilities. So, they should respect the proper
functioning of the governmental laws, policies and
practices that will promote and protect human
rights. It should be bears in mind that a typical
objective of monitoring is to change or stimulate a
state response to a particular human rights
situation.
Principle 7: Credibility.
The organizational credibility is crucial to successful
monitoring of human rights violation. This principle
applies relative to the respondents being
interviewed, as well as the public at large.
Credibility is also important in the presentation of
the findings. The impact of any advocacy initiative
will depend on the accuracy of the facts upon which
it is based. If the officials cannot guarantee
accuracy and objectivity of the information, the
outcome of monitoring may not be helpful, either for
the campaign or the affected communities.
Principle 8: Confidentiality
Confidentiality of information is necessary for
successful monitoring of human rights problems.
Safeguarding confidentiality is imperative to doing
no harm, upholding the integrity of the mandates,
and promoting effectiveness. It is important that the
identity of informants (victims/witness) must always
be protected through confidentiality and appropriate
security measures. The use of coded language and
passwords, as well as keeping documents which
identify persons in separate records from facts
about those persons, may be useful means to
protect the confidentiality of information collected.
Principle 9: Security
The security measures for informants (victims and
witness) describe above, and the organizations
should take steps to ensure the security of
monitoring team members. These steps may
include:
o Check-in with a team leader or other member
regularly and after each interview;
o Avoid taking risks that may place the team
member or others’ safety in risk;
o Carry a cell phone;
o Travel in teams, especially in unsafe areas.
Principle 10: Understand the context
The understanding of ground context (i.e. social,
economic, demographic and political) is necessary
for better understand of the community where the
monitoring will be done. The Human Rights officials
should undertake preliminary study to understand
the nature of people, local history, government
structure, and culture of the particular community to
extract precise information.
Principle 11: Impartiality and objectivity
The Human Rights organization should have to
work in an impartial ways in all stages of the
monitoring of human rights problems. They should
have focus on their objective to avoid using
subjective reference points and instead rely on their
mandates and international human rights standard
for evaluating the findings.

Principle 12: Sensitivity
The Human Rights officials should consider all
possible legal ramifications and social
consequences of ground monitoring for
respondents, their families, and the
community-at-large. In this case, the organization
should train monitors to be more careful about any
harmful experiences or re-traumatization of victims
and witness. This should include cultural and
linguistic sensitivities specific to different
communities.
Principle 13: Integrity and professionalism
The Human Rights officials should apply
demonstrate integrity, honesty and respect to all
participants and team members. They should
maintain a professional manner, be knowledgeable
and exercise persistence and competence in all
stages of their work. It is noted here that monitors
should avoid making promises.
Principle 14: Visibility
The Human Rights organisation may have desire to
ensure that relevant state authorities and the local
community are aware that monitoring is taking
place. This may involve public outreach and
meetings with identified community leaders but the
extent of information sharing on monitoring
depends on the nature of risk bears in particular
ground exercise.
4.4 The Basics of ground monitoring
The basics of ground monitoring relate with the
following core points:
- What are to be monitored?
- Whose activities are monitored?
- Who is responsible for human rights
monitoring?
- What are the processes of collecting
information in monitoring?
I. What are to be monitored?
The Human Rights organization may act as monitor
of all forms of Human Rights violations set out in the
constitution of Bangladesh and in ratified
international human rights instruments. They may
have strategic focus on priority concerns of human
rights violation, such as:
1) Violence by state mechanisms
2) Discriminations against:
- People with disabilities;
- Women and children;
- Indigenous people and ethnic and religious
minorities;
- Migrants workers
3) Gender-based violence
4) Violation of economic, social and cultural rights.
5) Violations of child rights (including trafficking
and child labor).
But if there is raised any urgent human rights
concern that require immediate attention, the
Human Rights organization should have to give
special attention on that concern to extract
information through the monitoring process.

II. Whose activities are monitored?
The activities of all involved actors in relation to
human rights violations, whether state
mechanisms, non-state groups or individuals
should be monitored.
As reference of an example of arbitrary arrest,
detention and torturing cases, the involvement of
following actors should be monitored:
• Police officers (who were involved in arrest
under the Section-54 of the CrPC and who
executed the pre-trial detention)
• Judicial magistrate (who passed the
detention order)
• Arrested person
• Family members or informed persons
(about the arrest)
• Government doctors (who were involved
for medical treatment of injured person
arrested by police).
Figure-6: Involved actors
• Officials of the detention centers (specially,
women detention centers).
Therefore, a numbers of actors may involve with an
incident and all activities of concerned actors in that
incident should be covered in the process of
monitoring.
III. Who is responsible for human rights
monitoring?
The following authorities, institutions, UN agencies
and human-rights based organizations are mainly
responsible to monitor human rights
problems/issues for upholding human rights in
Bangladesh.
The Governments:
According to the Constitution of Bangladesh and
Human Rights treaties (where Bangladesh is a
party), government has primary responsibility for
protecting and promoting human rights. However,
governments are not solely responsible for
ensuring human rights. The UDHR states:
Every individual and every organ of society …
shall strive by teaching and education to
promote respect for these rights and freedoms
and by progressive measures, national and
international, to secure their universal and
effective recognition and observance8
.
State
Machanisms
Non-State
Groups/Actores
Individuals
8
UN General Assembly, Universal Declaration of Human Rights, 1948, Preamble.

This means that not only the government, but also
businesses, civil society organizations, and
individuals are responsible for monitoring of human
rights situation to promote and respect human
rights. As earlier mentioned that Bangladesh
government has accessioned or ratified a numbers
of human rights treaties and conventions, it refers a
set of legal obligation on government to respect,
protect, and fulfill the rights contained in those
treaties and conventions. From this point of views,
government must do the following:
Respect: Governments may not restrict the scope
of a right or interfere with people exercising their
rights. This can be done in the following ways:
• Assuring constitutional guarantees of
human rights (it is in-build in the PART-III of
the Constitution of Bangladesh);
• Refraining from limiting individuals
freedom;
• Providing legal assistance to people who
faces human rights abuses by the
government;
• Implementing the rights provisions in the
human rights treaties/conventions (where
Bangladesh is a party).
Protect: Governments must prevent non-state
actors from violating the rights of others.
Governments can protect human rights by:
• Adopting legislative, judicial or
administrative measures that prohibit
individuals from committing human rights
violations;
• Enforcing laws against the criminal
offences and other violations (i.e.
gender-based violence, discriminations,
child labor);
• Raising people’s awareness (through
campaign and education) about human
rights and rights based approach to
respect each other’s rights; and
• Extending strategic cooperation with the
international community in dealing with
human rights concerns.
Fulfill: Governments should take appropriate
measures so that everyone within its territory can
enjoy basic human rights. This can be done by:
• Providing free and quality education
(through best utilization of state resources
and external cooperation);
• Provide legal aid support for the poor to get
better access to justice;
• Extending collaboration with civil society
organizations (including NGOs and media)
to encourage freedom of expression and
association;
• Increasing coverage of social safety-net
program for the vulnerable groups; and
Considering above mentioned legal obligations,
government of Bangladesh holds the key role (as
key actor) to monitor the grave violation of human
rights in the country to take appropriate action and
measures.

The BNHRC:
As an independent statutory body Bangladesh, the
National Human Rights Commission (BNHRC) has
a key role to ensure the rule of law, social, freedom
and human dignity for promoting and protecting
human rights in line with their mandates and
obligations in line with NHRC Act, 2009. According
to their mandates and obligations, it has some
specific monitoring roles in addressing human
rights violation issues in Bangladesh. The major
provisions are as follows:
o The NHRC can make an inquire on a petition
presented to it by a victim or any person on his
behalf, into complaint of:
- violation of human rights or abatement
thereof or
- negligence in the prevention of such
violation, by a public servant. This requires
an intensive monitoring and fact-finding
reporting.
o The NHRC has jurisdiction to enquire and
investigate the complaints related to violation of
human rights and resolve it through mediation and
conciliation.
o The NHRC has jurisdiction to visit any jail or any
other institution under the control of the
Government, where persons are detained or lodged
for purposes of treatment, reformation, protection or
welfare to study the living conditions of the inmates
to make recommendations for necessary action by
the government.
o The NHRC can review the safeguards provided
by or under the Constitution or any law for the time
being in force for the protection of human rights and
recommend the adoption of new legislation, the
amendment of the existing laws and the adoption or
amendment of administrative measures for their
effective implementation by the government.
o The NHRC may call for the report from the
involved agencies of the Government or any
authority of the government or any other
organization for investigation of complaints on
human rights violation (Section 17 (1) of the NHRC
Act, 2009). On receipt of report/information, if the
NHRC is satisfied, there is no need of further
inquiry. If the NHRC doesn’t receive the report or
information within the specified time, the NHRC
official may start investigation on their own (Section
17 (2). This refers that the NHRC has authority to
monitor the issues of human rights violation and to
collect complaints from individuals affected and
other complaining on their behalf.
o The NHRC can inspect the places of human
rights violation, summon witness and examine their
oath.
o After the inquiry, if the NHRC finds the issue is
true, they can recommend to the Government to
take legal action against the concerned person. In
this case, the NHRC can suggest for taking specific
type of case or appropriate legal proceedings.
o The NHRC can monitor the efforts of
rights-based NGOs to uphold their proceedings in
dealing with issues of human rights violation.

UN agencies:
The UN agencies in Bangladesh who are actively involved in promoting and protecting human rights have
some specific role to standardize the efforts of the government, civil society organizations and others in line
with international human rights standards. According to mandates, the following UN agencies have a key
role to uphold specific rights concerns:
The NGOs:
The international NGOs are functioning in line with provisions declared in the resolution no 1296 of the UN
Economic and Social Council. The basic notion of the functions of international NGOs is to assist the
government and civil society (including local NGOs) to promote and protect human rights in line with
international human rights standards and national laws.
The international NGOs are performing a significant role in promotion and protection of human rights. They
applied rights-based approach that contributes to:
• Strengthening accountability of duty bearers to fulfill their legal obligations;
• Supporting rights holders to claim their rights.
UN agency
UNDP
UNICEF
UN WOMEN
IOM
UNESCO
ILO
Working Standards
Human rights
instruments
Child rights
instruments
Women rights
instruments
Migrants rights
instruments
Instruments of UN and
UNESCO
ILO conventions
Specific human rights concern- for monitoring
Protection and Promotion of Human Rights of all for
Peace and Development
Promotion and protection of Child rights
Promotion and protection of Women rights
Protection of Migrants rights (including rights of
trafficked victims)
Promotion of child rights to education
Protection of labor rights

On the other hand, the national and local rights-based NGOs are also active for:
• Educating people on human rights and legal issues.
• Supporting poor and vulnerable groups (with legal counseling and legal aid) to get access to justice
• Monitoring and producing fact-findings reports on human rights issues.
• Facilitating advocacy and policy dialogues with state authorities and policy makers to encourage or
influencing the government for reviewing the existing laws or adoption of new laws to comply with
international human rights standards.
As the NGOs have strong ground existence and community acceptance, they can play significant role in
providing necessary information on human rights issues in context of their respective working areas. They
also can assist the NHRC to collect evidential information on specific human rights concern and work
together for attaining a common mandate “creating a human rights culture in Bangladesh”.
IV. What are the processes of collecting information in monitoring?
The Human Rights officials or other practitioners should follow the following steps to collect all necessary
information:
1. Collecting information
a) Identifying the sources:
The identification of reliable sources is required for credible information on human rights violations. It is
important to establish whether a violation has been committed or not. The information is often requires
clarifying it in line with: ‘WHAT’, ‘HOW’, ‘WHY’, ‘WHEN’ ‘WHERE’, and ‘WHO’ as evidence. As an example:
o What are the problem/issues?
o What are its causes?
o How the problem was occurred?
o When and where it was occurred?
o Who are victim? Who are responsible to occur problem/incident? Who are witnesses?
So, the collection of reliable evidence depends on identifying the sources of information. The table-1
demonstrates the possible sources of information in human rights monitoring.

Table-1: sources of information for verification
Primary sources of
information
Supporting sources
Testimony
Testimony from:
- Victims
- Witnesses
- Caregivers
- Perpetrators
- Relatives
- Caregivers
- Community leaders
- Relevant state institutions
- Lawyers
- Prosecutors
- Journalists
- Medical officials
- Local human rights
activists/organizations
- Members of civil rights groups
ethnic groups, minority groups etc.
- Hospital and/or
autopsy records
- Police Reports
- Weapons and ammunition
left behind, bullet
- Photographs/video evidence
- Body scars and wounds
- Documents left behind by
the deceased
- Official response to the
alleged violations
- Evidential reports
Materials
For ground monitoring, the Human Rights organization should consider the following points to collect
information from primary sources:
1) As far as possible locate the victims and witnesses who have direct knowledge of an alleged
violation.
2) Make a list of all possible sources analyzing various elements of monitoring and evidence required
(i.e. physical evidence, medical reports, police records and other documents) to substantiate each
of these elements.
An example: In the case of an extra-judicial killing, find out:
- Who was the alleged victim?
- Who was the alleged perpetrators (including circumstances, when, where and others
relevance details)?
- Who found the body (including supporting evidence)?

3) Based on such analysis, identify witness to that acts, such as:
- Doctors who treated the injuries;
- Relatives who carried the injured person or buried the
body;
- Journalists who reached the scene soon after the
incident;
- Relatives who provide information about the
socio-political background of the person killed;
- Local people who could give information about the
action of law enforcement officials in the incident place;
- Seek written and documentary evidence (i.e. autopsy report, newspaper reports etc.).
Consider that it is not always possible to collect first-hand information. In such cases, the Human Rights
organizations may look for collaborative evidence. But obtained information must be checked in order to
verify its accuracy.
b). Defining the methods and process:
The collection of information is a specialized task. The Human Rights officials must be available and ready
to move at any time to receive information from a person who considers himself or herself to be a victim of a
violation. When the Human Rights officials learn of a situation of human rights violation, they should take
steps to gather relevant information from indirect sources (i.e. witness) and then to identify and interview
witnesses. They should consider the information of valid sources and in case of doubt, always consult with
others team members. It requires a thorough inquiries, follow-up and analysis. Hence, complete information
is essential to producing a well-documented report, which can then be used to encourage action by the
authorities.
I. The methods and target audiences:
So, the Human Rights officials, who are assigned for collecting information, should be in a position to
maintain guiding principles to seek and collect necessary information from the target audiences of the facts.
The Human Rights organization may apply the following methods to collect necessary information (using a
set of questionnaires or checklists) from a given situation:
Extra-judicial killing as under the
international human rights law is, the
arbitrary deprivation of life of a person
as a result of an act or an order by
state actor or any others acting with its
complicity, tolerance or consent,
outside any judicial process.

Besides, the Human Rights officials or practitioners can review or study documents and records that may
provide insight into the dynamics of the human rights violation. The review process may include laws &
regulations, state records, court records, police record/reports, prison records, videos and photographs,
medical records and forensic evidences. In addition, media reports, study reports, news articles and other
written documents on specific concerns can be important part of review to extract supporting information for
analyzing the fact of human rights violation.
II. The process:
Considering the mandates and obligations, the Human Rights officials can apply the two specific processes
to collect evidential information on specific rights human rights problems/issues and collaborative action.
These are given below:
SL Possible Methods Target audiences/components
1.
2.
3.
4
5.
Individual interview
Fact-finding Interview
Spot visit
Group meeting or FGD
Observation
- Ground observation
- Process observation
Victims, family members, witness, legal advocates etc.
State authorities, police, judges, public prosecutors,
lawyers, civil society actors, media etc.
Prison officials, Jail officials, detention centers officials,
Correction centers officials & staffs etc.
Community people-leaders, detention center people,
prison staffs
Site of incident, visual inspection, case trial observation
(court).

Firstly: Generation of Information flow:
The effective information flow is important to collect information and gain an understanding about the
situation of human rights on priority concerns. In this regard, the Human Rights officials must develop
contacts with knowledgeable individuals, relevant state institutions and other non-governmental
organizations, local government, and other relevant actors working on human rights issues. Public
prosecutors, Lawyers and journalists (media) may be particularly good sources for transforming information
because they are usually aware of evidential information. The process requires effective efforts to maintain
regular contact with individuals/officials to arrange periodic meetings, issue-based discussion, sharing
fact-findings etc.
On the other hand, local human rights activists or NGOs can provide valuable information through:
o increasing general public awareness on human rights issues,
o transforming action learning for improving human rights standards,
o working for minorities, persons with disabilities and indigenous groups,
o working for women's human rights,
o protecting the rights of the child, and/or
Human Rights
organizations
Local
Government
Institutions
State Institutions:
The process:
Civil Society
Actors (including
Media)
Regular contact:
Information sharing:
Periodic meeting:
Issue-based discussion
Media Monitoring
Sharing of fact-finding reports
Relevant Non-
Government
organizations
Knowledgeable
Individuals:
Police Stations,
Prisons,
Courts and
Detention Centers
Public Prosecutors
Lawyers
National Human Rights
Commission (NHRC)

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