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From
the Editor's Desk
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One
of the important events during the October-December
2002 period was the presence of Nobel Laureate Professor
Amartya Sen in Dhaka to attend the launch meeting on
the Social Charter for South Asia. The meeting was organised
by the South Asia Centre for Policy Studies (SACEPS),
which is being hosted by the Centre for Policy Dialogue
(CPD).
Professor Sen's presentation dealt with a set of issues
pertaining to the theory and evolution of "rights"
which should be considered "unalienable".
He pointed out that the concept of 'natural rights'
or first generation rights had a long and rich heritage
that essentially found their roots in the discourses
of the American and French Revolutions and in literature
that deals with that period. The idea of natural rights,
Professor Sen observed, was founded in the early twentieth
century; however, it was not until only half a century
back that a fundamental change favouring their approach
began to take place with the creation of the Universal
Declaration and the International Bill of Human Rights.
Dwelling on the relationship between the law and the
respect of rights, Professor Sen quoted Bentham who
denounced the concept of 'human rights' as 'nonsense
on stilts,' based on the logic that rights are the child
of the law, and that from real laws come real rights,
while from imaginary laws come imaginary rights. Bentham
believed, observed Professor Sen, that fundamental rights
were not the correct framework for looking at these
issues; he instead suggested the use of "utility"
as the framework for the purpose of assessment. Professor
Sen noted that Bentham believed one cannot have rights
unless these are legislated. In this context, according
to Professor Sen there could be three possible approaches
to human rights: legislation, an antecedent legal judgement
and an active nurturing of such rights in society. Explaining
the alternative methods through which these rights can
be ensured, Professor Sen pointed out that unlike the
Indian Human Rights Commission, which is a legal, and
essentially a state entity, the Pakistani Human Rights
Commission is actually just an NGO, which, however,
has not prevented it from being effective.
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Nobel
Laureate Professor Amartya Sen speaks at the inauguration
of the SACEPS Task Force Meeting on A Citizen's Social
Charter. Also in the picture from left, Eminent lawyer
Dr Kamal Hossain, former Advisor to the Caretaker Government
Justice Habibur Rahman, CPD Chairman Professor
Rehman Sobhan and Srilankan Scholar Dr Godfrey
Gunatilleke.
Professor Sen noted that history and evolution of human
rights shows that there are two important prerequisites
for the establishment of human rights in societies. First,
to recognise the importance of freedom in societies and
to understand that not supporting such a standpoint is
intrinsically a moral failure. Once the pertinence of
freedom and solidarity is recognised, the establishment
of a framework for social justice becomes theoretically
and socially viable. Arriving at the central point of
his presentation, Professor Sen reminded the audience
that legislation in itself is not the way to establish
rights. He pointed out some examples in substantiation
of the fact that legislation is bound to fail in the absence
of the moral conscience that respects the rights of an
individual. In this regard, social advocacy could make
a significant contribution in ensuring human rights. Consequently,
the feasibility of an authority to ensure rights did not
have anything to do with their classification as fundamental
rights. The right to go to school, for example, noted
Professor Sen, was an inalienable right irrespective of
whether the existing government education system encompassed
all the rural communities in the country. If feasibility
of ensuring such rights were to become the necessary condition,
then a multitude of rights would lose cogency, Professor
Sen pointed out. |
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CPD
Releases Interim IRBD 2003
Mismatch Between Macro and Micro Economy Poses
a Challenge
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CPD
released the interim report of Independent Review of
Bangladesh's Development (IRBD 2003) on December 29,
2002. At a press conference held at the CPD Dialogue
Room and attended by representatives from both print
and electronic media, CPD Executive Director Dr. Debapriya
Bhattacharya made a presentation on the state of the
Bangladesh economy based on the IRBD exercise.
Referring to the fear, that loomed large one and a half
years ago, relating to the yawning fiscal deficit and
decline in the external sector, Dr. Bhattacharya noted
that while
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immediate
problems in these two fronts have been, to some extent,
dealt with, investment stagnation has become more manifest
during the initial months of the current fiscal year.
Dr. Bhattacharya argued that unless the Government implements
a moderate expansionary policy augmenting domestic demand,
the situation might degenerate into stagnation. Deepening
investment stagnation is reflected in the fall in term
loan disbursement, slowdown of capital machinery import
and
(Cont. Page-2)
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