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Legalisation not only way to make HR 'legal' Amartya Sen
for human rights-based thinking


Staff Correspondent
The Daily Star, December 13, 2002

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A human rights-based thinking is important for a just and peaceful society, said Professor Amartya Sen yesterday. The Nobel laureate stressed the need for freedom and solidarity among people for implementing human rights. Legalisation is not the only way to make human rights 'legal', said Sen. In case of imperfect obligation, no rights can be implemented through legalisation but by advocacy and nurturing, he said while speaking as a guest of honour at the inaugural session of a two-day taskforce meeting on a Citizen's Social Charter for South Asia. Nurturing, advocating and monitoring human rights belong to consequential thinking, said Sen.

He held illiteracy and lack of consciousness responsible for human-rights violation in South Asia. Organised by the South Asia Centre for Policy Studies (SACEPS) and the Centre for Policy Dialogue (CPD) at BRAC Centre Inn auditorium, the session was addressed by, among others, former chief advisor to the caretaker government Justice Habibur Rahman and Member of the SACEPS Board of Trustees Dr Kamal Hossain. Lack of literacy is one of the causes of the first-generation human-rights violation, Sen said, with an emphasis on higher education to establish human rights. Comparing different human-rights commissions in South Asia, he said the Indian human-rights commission has a legally recognised form, while the Pakistan human-rights commission is basically an NGO (non-governmental organisation). Some of the human-rights declarations do not have legislation and public recognition is important in that case.
The famous economist said human-rights laws incorporate political, social and economic laws. Social agreement in the context of South Asia is very important and it requires social consensus, he added. Justice Habibur Rahman has observed that there are adequate laws in the South Asian region, but most laws are unnecessary. He stressed the importance of social consciousness in establishing human rights.

Dr Kamal Hossain in his speech said the laws of the region reflect the heritage of 50 years of postcolonial excuse and underlined establishment of a just society. Pointing to the hardship during the colonial period and achievement of the people of the region, he said, "We are billion people and whatever we have achieved is through pains."

Prof. Rehman Sobhan, executive director of the SACEPS and chairman of CPD, who chaired the session, discussed the role of different private thinktanks in upholding human rights.
The programme is being attended by nine representatives of South Asian countries, including India, Nepal, the Maldives, Sri Lanka and Pakistan. Lawmakers, academicians, policymakers, local business leaders, experts from regional and multilateral organisations attended the inaugural session.

The meeting is aimed at finalising the draft of the Citizen's Social Charter for South Asia which is being prepared by a taskforce convened by the SACEPS, drawing upon inputs from citizen groups across the region. The meeting is expected to concentrate on the implementation and institutional mechanisms needed to enforce the charter. The eventual goal of this mobilisation of citizens will be to contribute to the preparation of the SAARC Social Charter and to ensure that the provisions are made enforceable to safeguard the social, economic and political rights of the deprived South Asia.