Issue Iv, October- December 2002
From the Editor's Desk
 
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.

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.
........................................... ................................
CPD Releases Interim IRBD 2003
Mismatch Between Macro and Micro Economy Poses a Challenge
.........................................................
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
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)
CPD Home Page
1 . 2 . 3 . 4 . 5 . 6 . 7 . 8