Right to Development: Role of State with special reference to Bangladesh

Shankor Paul

[23 March 2012]

[Shankor Paul] Head, Human rights Unit, Concern UniversalBangladesh

1. INTRODUCTION: Before defining the meaning of development, we need to clarify the conceptual meaning of development. Development has been defined differently by various scholars depending in the context the term is used. In 19th century, the development was considered largely synonymous with industrialization. Its ultimate goal was fairly clear: to raise incomes and in the process give poor people access to the range of goods and services then widespread in developed societies. But the concept of development twentieth century refers to transforming of the peoples ways of living/doing things for the better (Advanced Oxford Learners Dictionary, 2006). Development involves changing peoples attitudes positively. It is also defined as a specified state of growth/advancement. In this context, development means positive transformation/ change of the peoples ways of living, attitudes, behaviours among others as a result of their accessing relevant, adequate and timely information services courtesy of the prevailing digital age. Here, there is found two important conceptual dynamics: i) development as a state or condition, which is purely static; and ii) development as a process or course of change, which is dynamic. But the development is not purely a static economic phenomenon but rather a multi-dimensional process involving reorganization and reorientation of entire economic and social system. It links with peoples wellbeing, health, education and surroundings through relevant growth processes that create a condition conducive to the growth of peoples self-esteem to promote human dignity and respect. There is an alternative concept of development that links with modernization with special focus on the process of social change which is required to produce economic advancement; examines changes in social, psychological and political processes. The conceptual diversities of development are now transferred into a new dynamics in the name of sustainable development. Here the concept is termed as development that is likely to achieve lasting satisfaction of human needs and improvement of the quality of life and encompasses. It is not only fulfilling the needs of the present without compromising the ability of future generations to meet their own needs. It contains within it two key concepts and three specific objectives:

the concept of needs, in particular the essential needs of the world's poor, to which overriding priority should be given; and the idea of limitations imposed by the state of technology and social organization on the environment's ability to meet present and future needs."
Economic Objectives

Social Objectives

Environmental Objectives

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Shankor Paul, Head of Human Rights Unit, Concern Universal, Bangaldesh. E-mail:shankor.paul@concern-universal.org

Therefore, it is clear that the concept of sustainable developed focus on the equitable and long lasting framework of development for the human person. And, the conceptual framework is further referred as rights of the entire population and of all individuals in the states as well in the world that reveals as the framework of Right to Development (RTD). 2. RIGHT TO DEVELOPMENT (RTD): The idea of development as human right was introduced into international debates in the 1950s and 1960s by the developing countries of the south. After that the right to development was first recognized in 1981 in Article 22 of the African Charter on Human and Peoples' Rights as a definitive individual and collective right. The right to development was subsequently proclaimed by the United Nations in 1986 in the "Declaration on the Right to Development," which was adopted by the United Nations General Assembly resolution 41/128. But US voted against the declaration. It was introduced as one of several rights belonging to a third generation of human rights. A common consensus was developed in the World Conference on Human Rights at Vienna in 1993 (with consensus of 171 countries) at the World Conference on Human Rights to insert RTD as part of Vienna Declaration. 2.1 Conceptual Meaning of RTD: UN Millennium Declaration defines the concept of right to development that --We, heads of State and Government are committed to making the right to development a reality for everyone and to freeing the entire human race from want. Basically, the right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized (Article-1 of the Declaration of RTD). Reference: The definition is the mirrors of the Article 28 of the Universal Declaration of Human Rights, 1948 (UDHR). Right to Development (RTD) refers the followings: 1. It is a group right of peoples 2. It considers human person is at the centre of development 3. It defines "development as a comprehensive economic, social, cultural and political process 4. It aims to improve well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development. 5. It defines state responsibility for realizing the Right to Development at the national level, but also through appropriate international policies and international co-operation. 6. It refers the development as element of social justice. 7. It refers that development must be fulfilled equitable developmental and environmental needs of present and future generations. Reference: The reaffirmation of RTD with the following UN declaration. RTD reaffirmed by the 1993 Vienna Declaration and Programme of Action RTD reaffirmed by the 2000 Millennium Declaration; and RTD reaffirmed by the Durban Declaration and Programme of Action as a universal and inalienable human right.
Shankor Paul, Head of Human Rights Unit, Concern Universal, Bangaldesh. E-mail:shankor.paul@concern-universal.org

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2.2 Contents of RTD: The Declaration on the Right to Development (DRTD) is not a clear document that contains lot of debates, and as a result, the content of the RTD has been the subject of many interpretations. The following components seem to constitute the core content of the RTD. Comprehensive development The RTD places the human person at the centre of development. Development is not defined solely in terms of economic growth, but as a comprehensive and multi-faceted process, with social, cultural, political as well as economic elements (Art. 2(1), 4(2), and 8(1)). Respect for all human rights The development process should be respectful of all human rights and fundamental freedoms, and help the realization of rights for all (Art. 1 and 6). Failure to observe rights constitutes an obstacle to development (Art. 6(2). The realization of the RTD cannot justify violations of human rights. The declaration of RTD affirms that human rights are indivisible and interdependent. This entails that equal attention should be given to economic, social and cultural rights as to civil and political rights, and that human rights should be addressed in an integrated manner, and not through the separate realization of individual rights. This is consistent with the general affirmation of the equal status to be given to all human rights at the 1993 Vienna World Conference on Human Rights. Participation According to the declaration, the states and the international community should formulate appropriate development policies to ensure RTD. As the human person is at the centre of development in the framework of RTD, the processes through which such policies are developed should be participative1. The right of women to participate, and the duty of the state to ensure their participation, is emphasized2. Social justice The RTD refers that the development process should promote social justice, including the fair distribution of the benefits of development for individuals (Art. 2(3)) and equality of opportunity for all in access to basic resources and services, and the eradication of all social injustices (Art. 8(1)). International co-operation The realization of the RTD requires not only appropriate national policies, but also suitable international conditions for development, with appropriate international policies and co-operation (Art. 3 and 4). This requirement also includes the creation of a New International Economic Order (Art. 3(3)) as well as international peace and security, including disarmament (Art. 7). The nature of the duty to formulate appropriate international development policies and the provision of effective international co-operation is one of the most controversial elements of the RTD.
1

Self-determination

DRTD Art. 2(3): that aim at the constant improvement of the well-being of the entire population and of all individuals, on the basis of their active, free and meaningful participation in development; Article 1(1): right of individuals and peoples to participate in, contribute to, and enjoy development; the human person as an active participant and beneficiary of the right to development; Article 8 (2) encourage popular participation.

DRTD Art. 8: Effective measures should be undertaken to ensure that women have an active role in the development process.

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Shankor Paul, Head of Human Rights Unit, Concern Universal, Bangaldesh. E-mail:shankor.paul@concern-universal.org

The RTD establishes that development implies the full realization of the right of peoples to self determination (Art. 1(2)). The provisions on self-determination have been referred to a reaffirmation of the independence and equality of nations, by strengthening the rights of persons belonging to minorities and indigenous groups to determine for themselves the processes and forms of development that are appropriate for their cultures and circumstances. Self-determination here means that, as a minimum, minorities must enjoy the right to participate in the design and implementation of a genuine sustainable development policy. Here, the contents of RTD refer the development of individual persons and people on a national and international level as human person, which is dualistic in nature and raised strong debates. In spite of that the contents of RTD reveals a comprehensive framework of rights to development that drives with above mentioned six dynamics (Figure-1). Comprehensive Development Contents of the Right to Developme nt Respect for all Human Rights

Participation

Social Justice

International Cooperation

Selfdetermination

Figure-1: Contents of RTD ROLE OF THE STATES: For defining the role of the states, we need to clarify the three quires: i) the nature of the rights inserted as RTD; ii) the provisions of duty-holders and rights-bearers, which are not clearly marked and iii) the implementation mechanism, process and enforcement authorities in the RTD. The RTD was promulgated in the declaration of RTD, and reaffirmed at the Vienna World Conference. As a result, it can be acknowledged as part of the international human right framework and recalled as a third generation right but it is still in debates that how the RTD links with other rights. The debate focuses on the following nature of rights in the interpretation of RTD: The aggregate of economic, social and cultural rights; The economic dimension of the right to self-determination; A new right creating new obligations, for example, against developed Countries for the provision of Overseas Development Assistance (ODA); Only an umbrella right, a useful shorthand to describe all rights; The right to a particular process of development; The application of already recognized international rights to new spheres of international activity; The right of people affected by the development process to realize their human rights through development processes; 10
Shankor Paul, Head of Human Rights Unit, Concern Universal, Bangaldesh. E-mail:shankor.paul@concern-universal.org

A programmatic tool to mainstream human rights principles into development.

Right-holders/Duty holders: There is a debate that who will be the subjects and beneficiaries of the RTD? Traditional approaches to human rights law hold that individuals are the bearers of rights, who can make claims against the state for the promotion, protection, and fulfillment of the obligations or duties contained in the right and owed by the duty-holder. Basically, the RTD promotes people-centered development and under some interpretations makes individuals holders of the right to development (Art. 2). The RTD also refers to peoples as right-bearers (Art. 1 (1)). The state is not explicitly mentioned as the subject of the RTD. Art. 2 (3) refers that that states are the right-holders, for example, state has the right to formulate appropriate national development policies. From this point of view, the state has rights to claims against other states, and possibly against the international community. According to human rights framework, the state has obligation towards their population. On the other hand, the primary dutyholder is the state (as per Art. 2 (3) and 3). The individual also has duties in the realization of the RTD: (i) to be the active participant (Art. 2(1)) and (ii) collectively as a member of a community (Art. 2 (2)). The RTD clearly marked that states have a duty of co-operation (Art. 3(3)), both individually and as members of the international community, to formulate international development policies (Art. 4(1)). Implementation mechanism: The RTD is not legally binding under international law; it is generally accepted by the world community and the states as duty to realize the rights. It allowed the states to realize the rights through accepting international and national policies as part of recognition and obligations. Regarding this, the state has the primary responsibility (Article-3) to promote good governance at the national level to facilitate the realization of the RTD. On the other hand, the international community, particularly developed states have a general duty of cooperation to support in the advancement of developing states to promote right to development at international level. Reference: International Financial Institutions (IFIs), in particular the World Bank (WB), International Monetary Fund (IMF), and World Trade Organization (WTO), as key international development actors, have a role to assist the developing states in the realization of the RTD. The RTD calls for an environment conductive to the realization of all rights of human person. Here, the state has to perform the following duties to realize the rights of the people in the territory. Firstly Secondly Thirdly : Duty to take actions against violation of human rights. : Duty to protect the human rights. : Duty to fulfill the economic, social and cultural rights with realization.

Promote 10

Shankor Paul, Head of Human Rights Unit, Concern Universal, Bangaldesh. E-mail:shankor.paul@concern-universal.org Duties:

Human Rights

Protect

Fulfill

Figure-2: Duties of states and International community in RTD. As part of duties of individual state and international communities, UN has introduced common, integrated, holistic and cohesive frameworks for achieving the Millennium Development Goals (MDGs) for achieving just and equitable development for all people (by 2015). It encompasses both the civil and political as well as the economic, social and cultural dimensions of human rights and addresses both the national and international dimensions of development. All these issues (goal) are interrelated and for achieving it require a partnership between developed and developing countries under the framework of MDG-8: Global partnership (Figure-4). MDG-8:
Global Partnership MDG-1: End Povertyand Hunger

MDG-8:
Global Partnership

MDG-2:
Universal Education

MDG-3:
GenderEquality

MDG-8

MDG-4: ChildHealth

MDG-5: MaternalHealth

MDG-8:
Global Partnership

MDG-6:
CombatHIV/AIDS

MDG-7: Environmental Sustainability MDG-8:

Global Partnership

Figure-3: Millennium Development Goals. Therefore, as integral part of advancing the right to development, the international community, particularly the development countries (i.e. European countries, USA, Japan etc.) and funding to the state authorities along with UN and INGOs to steer up the development initiatives that may benefits the people. Example: The funding of World Bank in the advancement of primary education in Bangladesh that benefits the people in a collective manner, and fulfilling the peoples right to education. 10
Shankor Paul, Head of Human Rights Unit, Concern Universal, Bangaldesh. E-mail:shankor.paul@concern-universal.org

STATE ROLE AS REFERENCE OF BANGLADESH: Bangladesh, as a state has specific role in advancement of peoples right to development. The Constitution of Bangladesh (Part II: Fundamental principles of state policy; and Part III: Fundamental rights) specifies some basic provisions for the people that supports the people `to enter in the mainstream of countrys development. Reference: Article-10: Participation of women in national life. Article-15: Provisions of basic necessities of life. Article-17: Free and compulsory education. Article-19: Equality of Opportunity to all citizens. Article-27: Equality before the law. Article-31: Right to protection of law.

All the mentioned provisions are linked with people rights, dignity and respect, which is functionally, contributes to peoples right to development. In spite of that Bangladesh is the signatory of most of the UN conventions on Human Rights that includes obligation to promote, protect and fulfill the first generation rights: civil and political rights and second generation rights: economic, social and cultural rights; and third generation rights: group rights or collective rights, solidarity rights, environmental rights etc. With a view to fulfill the state obligations, the government has the primary responsibility to take appropriate state policies in advancing individual rights and collective or group rights of the people to development 3. But does the development policy of Bangladesh actually conform to the demands of the right to development? The ground reality of Bangladesh in relation to the enjoyment of individual or collective human rights is not satisfactory. The mood of progressive realization of economic, social and cultural rights (under the ICESCR, 1966) by the state (Bangladesh) often denying the specific rights provisions of the people in the name of economic crisis and inadequate external cooperation and support. But after independence of Bangladesh, a huge amount of foreign aid came into Bangladesh, which is not fully utilized in favor of the people due to corruption, lacking of political will and good governance. Centra l

Grassroots level (Flow of limited aid/resources) The centralized mood of development policy of Bangladesh has been creating inequality and discriminations between urban and rural and the rich and poor. Resulting more than 10% people are capturing the 60% resources and 80% people holds only 10% resources and such inequalities have negative impact on the human rights of the majority people in Bangladesh. According to Word Bank, 2005, more than 40% people in living below the poverty line who are struggling to
3

As a signatory to the Vienna Declaration, the State of Bangladesh has committed itself to implementing the Declaration on the Right to Development adopted by the United Nations in 1986.

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Shankor Paul, Head of Human Rights Unit, Concern Universal, Bangaldesh. E-mail:shankor.paul@concern-universal.org

survive. How it is possible to ensure peoples right to development whenever the 40% of countrys are in regular survival mood. Regarding this, as part of state role, Bangladesh should have to develop a comprehensive development policy by involving all segments of population so that everyone can insert their opinion/feedback to make it pro-poor, gender sensitive and participatory development plan. If it is done, the people will have ownership to facilitate the development plan as per their needs and requirements. In this case, the sate (Government) should have to reinforce the good governance in all spheres (public and private) so that the people can benefits from the development as their right.

CONCLUSION: The Right to Development (RTD) is a relatively new addition to the international human rights framework. It is seen as a way of merging these two sets of rights into a holistic approach to development in which all human rights and fundamental freedoms can be fully realized. The Vienna Declaration and Programme of Action finally reached a political consensus to recognize the right to development as a universal and inalienable right and as an integral part of the fundamental rights of a human person (UN 1993). The Declaration on the Right to Development makes a vital contribution in this area with duties of international cooperation informing its logic and shaping its structure: Article 3(1) provides that states have the primary responsibility for the creation of national and international conditions favorable to the realization of the right to development. Regarding this, the states and international communities have a role to promote, protect and fulfill the needs and requirement towards Rights to Development of the people. As signatory of the most of the UN conventions including declaration of RTD, Bangladesh also has an obligation to formulate and implement national development policy in line with international human rights framework and policies so that the people can enjoy the benefits of development. It requires assuring people participation, transparency, accountability, prediction (long term vision) and rule of law to make sure equitable development for all.

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Shankor Paul, Head of Human Rights Unit, Concern Universal, Bangaldesh. E-mail:shankor.paul@concern-universal.org

REFERENCE:
Eide, A. 1989. Right to Adequate Food as a Human Right. Human Rights Study Series No. 1. New York: United Nations.

Hannan, Abdul Mohammad, Third Generation Human Rights and the Good Governance, department of Law and Justice, University of Rajshahi: Ontario International Development Agency. ISSN 1923-6654. Marks, Stephane, 2008. Implementing the Right to Development: The Role of International Law: Geneva, ISBN 978-3-89892-954-7 Kirchmeier, Felix. 2006. The Right to Development: Where we stand? Geneva. ISSN 1614-0079.
OHCHR 2004. Human Rights and Poverty Reduction: A Conceptual Framework Geneva: Office of the High Commissioner for Human Rights.

Others: Web links http://www.bids.org.bd/bds/33-1&2/S_R_Osmani.pdf http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1373&context=sdlp http://www.odi.org.uk/resources/docs/2317.pdf http://www.law.harvard.edu/students/orgs/hrj/iss17/marks.pdf

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Shankor Paul, Head of Human Rights Unit, Concern Universal, Bangaldesh. E-mail:shankor.paul@concern-universal.org