NGOs


Introduction:
A right means a claim advanced by an individual or a group of individuals enforceable in a court of law. Human rights are these of legal and moral rights which are inherent by nature. These rights come with birth and are applicable all members of the human family irrespective of their six, calour, race, etc.
We also say that human rights are universally inherent, inalienability and inviolable rights of all members of the human family which the states are primarily to ensure to their citizens by providing a well defined procedure.
This right comes with birth and are applicable all members of the human family irrespective of their sex, color, and race e.t.c.
The idea to a great extent evolved as a result of political absolutism since right of man became a slogan against the injustices and indignities committed by tyrannical or despotic governments. In order to limit the power of such government, attempts began to be made by the leaders of revolution to set down certain minimum rights in charters, bills, petitions or declarations that could be demanded by all citizens.
The United Nations organization which was established in 24 October 1945 and one of the purposes of the United Nations organization is to promote respect for human rights and fundamental freedoms. The charter of theUNO embodies to the concept of Human Rights.
The universal declaration of human rights which was adopted by the general assembly of UNO on 10 December 1948, which contains a vast content of Human Rights. The declaration exercised a powerful influence through out the world both internationally and nationally and has inspired the preparation of international human rights instruments both within and outside the United Nations system.
Thus it can be said that the real history of human rights at the level of international law began during the later part 20th century. It may be mentioned here that the content of human rights – civil, political, economic, social and cultural rights, has broadly been defined at various stages of modern history.
UN was explicitly rejected at the charter embodies 9 direct reference of Human Rights and fundamental freedoms in the preamble, Article-1(3), Article-13(1)(b), Article-55e, Article-56, Article-62(2), Article-68, Article-8 and Article-76(c).
(Article 2 the international covenant on Economic, Social and Cultural Rights).
Article 6-15 of the ICESCR set forth 10 rights. Article 6-27 of the JCCPR provides 22 rights.
Article 3 to 21 of the declaration set forth 19 traditional civil and political rights. Article 3, which introduces article 4 to 21, is considered as a cornerstone of the declaration. For it proclaims the rights to life, liberty and security of person essential to the enjoyment of all other rights. On the other hand, article 22 to 27 of the universal declaration of human rights recognizes economic, social and cultural rights.

NGOs
NGOs mean Local, regional and national organizations such as conservation, sportman's or commerce groups. NGOs are organizations undertaking development, advocacy or social service projects outside the state sector; also known as voluntary agencies or private and voluntary organizations (PVOs), comparable to US nonprofit organizations. Its Refers to transnational organizations of private parties, including professional associations, foundations, multinational businesses, or other groups with a common interest in a particular policy issue.
Non-governmental organizations (NGOs) are organizations whose membership is composed of private individuals and private groups, but not governments or states. For example, the International Red Cross is an international, non-governmental organization (IGO) as is the World Council of Churches. Bangladesh has been perhaps the most important hearth on the globe for non-governmental organizations.

A non-governmental organization (NGO) is an organization that is not part of a government and was not founded by states. NGOs are therefore typically independent of governments. Although the definition can technically include for-profit corporations, the term is generally restricted to social, cultural, legal, and environmental advocacy groups having goals that are primarily noncommercial. NGOs are usually non-profit organizations that gain at least a portion of their funding from private sources. Current usage of the term is generally associated with the United Nations and authentic NGOs are those that are so designated by theUN.

Because the label "NGO" is considered too broad by some, as it might cover anything that is non-governmental, many NGOs now prefer the term private voluntary organization (PVO).

A 1995 UN report on global governance estimated that there are nearly 29,000 international NGOs. National numbers are even higher: The United States has an estimated 2 million NGOs, most of them formed in the past 30 years. Russia has 65,000 NGOs. Dozens are created daily. In Kenya alone, some 240 NGOs come into existence every year. 5
History

The International Red Cross and Red Crescent Movement is the world's largest group of humanitarianNGO's.

Though voluntary associations of citizens have existed throughout history, NGOs along the lines seen today, especially on the international level, have developed in the past two centuries. One of the first such organizations, the International Committee of the Red Cross, wasfoundedin1863.

The phrase non-governmental organization came into use with the establishment of the United Nations in 1945 with provisions in Article 71 of Chapter 10 of the United Nations Charter [1] for a consultative role for organizations that neither are governments nor member states – see Consultative Status. The definition of international NGO (INGO) is first given in resolution 288 (X) of ECOSOC on February 27, 1950: it is defined as 'any international organisation that is not founded by an international treaty'. The vital role of NGOs and other "major groups" in sustainable development was recognized in Chapter 27[2] of Agenda 21, leading to revised arrangements for consultative relationship between the United Nations and non-governmental organizations.[3]

Globalization during the 20th century gave rise to the importance of NGOs. Many problems could not be solved within a nation. International treaties and international organizations such as the World Trade Organization were perceived as being too centered on the interests of capitalist enterprises. In an attempt to counterbalance this trend, NGOs have developed to emphasize humanitarian issues, developmental aid and sustainable development. A prominent example of this is the World Social Forum which is a rival convention to the World Economic Forum held annually in January in Davos, Switzerland. The fifth World Social Forum in Porto Alegre, Brazil, in January 2005 was attended by representatives from more than 1,000 NGOs. [4]

Types of NGOs
There are numerous possibilities to classify NGOs. The following is the typology the World Bank uses 1:

Operational NGOs
Their primary purpose is the design and implementation of development-related projects. One categorization that is frequently used is the division into relief-oriented or development-oriented organizations; they can also be classified according to whether they stress service delivery or participation; or whether they are religious and secular; and whether they are more public or private-oriented. Operational NGOs can be community-based, national or international.


Advocacy NGOs
Their primary purpose is to defend or promote a specific cause. As opposed to operational project management, these organizations typically try to raise awareness, acceptance and knowledge by lobbying, press work and activist events.

Regarding to human rights, there are so many organizations, not only governmental but also international organization, NGOs. And they could be classified into some categories by their own activities(visions, missions also), for example, institutions of human rights for poverty relief(eg. Oxfam, CARE), political liberalization(eg. Amnesty International, Humanrights Watch) etc. I think my examples are too wide range. But there must be more 'sophisticated'(?) methods of classification for them. I wana sort NGOs of human rights into some categories by not too wide, but not too narrow. Could you help me?
these can give you some ideas of how to classify the ones with which you are dealing. You might wiush to combine categories from more than one of these groups. For example: Human rights watch dog organizations: single country and Human rights watch dog organizations: multiple countries, or emergency relief, religious orientation and emergency relief, secular orientation.


"THEMATIC" SCOPE:
in other words the types of events or activities they are primarily concerned with - is it environment/human rights/ social issues/other? Are they campaigning groups? Watch-dog organisations? Are they primarily concerned with education? Emergency relief and REactive priorities, or emergency prevention and PROactive priorities? Are they concerned with single and very focused issues, or do they have a broader, multi-issue portfolio.

GEOGRAPHIC SCOPE: 
Compare large bodies such as Greenpeace, who take on issues fron global to local (but anywhere in the world) scale, with, for example, a European NGO whose work focuses only on a specific country or region or issue overseas (e.g there is an Irish NGO which focuses on development issues and human rights in East Timor); and then there are purely local NGOs, concerned with purely local "on our own doorstep" issues (e.g. protesting against a specific waste dump or factory).

SIZE: 
some (e.g. Greenpeace, Oxfam, International Committee of the Red Cross, Medecins sans Frontieres) are large, multinational bodies, with offices in many countries (and often multiple branches within a single country), and large full-time and salaried staffs. At the other extreme, I know of a number of "NGOs" that are in practice one- or two-person operations, dependent on and run by entirely voluntary (perhaps even part-time) effort.


NGO types by orientation:
Charitable Orientation often involves a top-down paternalistic effort with little participation by the "beneficiaries". It includes NGOs with activities directed toward meeting the needs of the poor -distribution of food, clothing or medicine; provision of housing, transport, schools etc. Such NGOs may also undertake relief activities during a natural or man-made disaster.

Service Orientation includes NGOs with activities such as the provision of health, family planning or education services in which the programme is designed by the NGO and people are expected to participate in its impementation and in receiving the service.

Participatory Orientation is characterized by self-help projects where local people are involved particularly in the implementation of a project by contributing cash, tools, land, materials, labour etc. In the classical community development project, participation begins with the need definition and continues into the planning and implementation stages. Cooperatives often have a participatory orientation.

Empowering Orientation is where the aim is to help poor people develop a clearer understanding of the social, political and economic factors affecting their lives, and to strengthen their awareness of their own potential power to control their lives. Sometimes, these groups develop spontaneously aroud a problem or an issue, at other times outside workers from NGOs play a facilitating role in their development. In any case, there is maximum involvement of the people with NGOs acting as facilitators.


NGO Types by level of operation: 
Community-based Organizations (CBOs) arise out of people's own initiatives. These can include sports clubs, women's organizations, neighbourhood organizations, religious or educational organizations. There are a large variety of these, some supported by NGOs, national or international NGOs, or bilateral or international agencies, and others independent of outside help. Some are devoted to rising the consciousness of the urban poor or helping them to understand their rights in gaining access to needed services while others are involved in providing such services.

Citywide Organizations include organizations such as the Rotary or lion's Club, chambers of commerce andindustry, coalitions of business, ethnic or educational groups and associations of community organizations. Some exist for other purposes, and become involved in helping the poor as one of many activities, while others are created for the specific purpose of helping the poor.

National NGOs include organizations such as the Red Cross, YMCAs/YWCAs, professional organizations etc. Some of these have state and cuty branches and assist local NGOs.

International NGOs range from secular gencies such as Redda BArna and Save the Children organizations, OXFAM, CARE, Ford and Rockefeller Foundations to religiously motivated groups. Their activities vary from mainly funding local NGOs, institutions and projects, to implementing the projects themselves.

Acronyms
Nongovernmental organizations are an heterogenous group. A long list of acronyms has developed around the term 'NGO'.
These include:
INGO stands for international NGO, such as CARE;
BINGO is short for business-oriented international NGO;
RINGO is an abbreviation of religious international NGO such as Catholic Relief Services;
ENGO, short for environmental NGO, such as Global 2000;
GONGOs are government-operated NGOs, which may have been set up by governments to look like NGOs in order to qualify for outside aid;
QUANGOs are quasi-autonomous non-governmental organisations, such as the W3C and the International Organization for Standardization (ISO), which is actually not purely an NGO, since its membership is by nation, and each nation is represented by what the ISO Council determines to be the "most broadly representative" standardization body of a nation. Now, such a body might in fact be a nongovernmental organization--for example, the United States is represented in ISO by the American National Standards Institute, which is independent of the federal government. However, other countries can be represented by national governmental agencies--this is the trend in Europe.


Evolutionary stages of development NGOs
Three stages or generations of NGO evolution have been identified by Korten’s (1990) Three Generations of Voluntary Development Action. First, the typical development NGO focuses on relief and welfare, and delivers relief services directly to beneficiaries. Examples are the distribution of food, shelter or health services. The NGO notices immediate needs and responds to them. NGOs in the second generation are oriented towards small-scale, self-reliant local development. At this evolutionary stage, NGOs build the capacities of local communities to meet their needs through 'self reliant local action'. Korten calls the third generation 'sustainable systems development'. At this stage, NGOs try to advance changes in policies and institutions at a local, national and international level; they move away from their operational service providing role towards a catalytic role. The NGO is starting to develop from a relief NGO to a development NGO. 1


Purposes
NGOs exist for a variety of purposes, usually to further the political or social goals of their members. Examples include improving the state of the natural environment, encouraging the observance of human rights, improving the welfare of the disadvantaged, or representing a corporate agenda. However, there are a huge number of such organizations and their goals cover a broad range of political and philosophical positions. This can also easily be applied to private schools and athletic organizations.

Methods
NGOs vary in their methods. Some act primarily as lobbyists, while others conduct programs and activities primarily. For instance, such an NGO as Oxfam, concerned with poverty alleviation, might provide needy people with the equipment and skills they need to find food and clean drinking water.

Networking
The International Freedom of Expression eXchange (IFEX), founded in 1992, is a global network of more than 60 non-governmental organizations that promote and defend the right to freedom of expression.


Consulting
Many international NGOs have a consultative status with United Nations agencies relevant to their area of work. As an example, the Third World Network has a consultative status with the UN Conference on Trade and Development (UNCTAD) and the UN Economic and Social Council (ECOSOC). In 1946, only 41 NGOs had consultative status with the ECOSOC, but this number had risen to 2,350 in 2003.


Activist events
Greenpeace protest in Brasília (Brazil) in December 2004.
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Project management
There is an increasing awareness that management techniques are crucial to project success in non-governmental organizations.


Management of non-governmental organizations
Two management trends are particularly relevant to NGOs: diversity management and participatory management. Diversity management deals with different cultures in an organization. Intercultural problems are prevalent in Northern NGOs that are engaged in developmental activities in the South. Personnel coming from a rich country are faced with a completely different approach of doing things in the target country. A participatory management style is said to be typical of NGOs. It is intricately tied to the concept of a learning organization: all people within the organization are perceived as sources for knowledge and skills. To develop the organization, individuals have to be able to contribute in the decision making process and they need to learn.


Relations
The relationship among businesses, governments, and NGOs can be quite complex and sometimes antagonistic. Some advocacy NGOs view opposition to the interests of Western governments and large corporations as central to their purpose. But NGOs, governments, and companies sometimes form cooperative, conciliatory partnerships as well.


Staffing
Not all people working for non-governmental organizations are volunteers. Paid staff members typically receive lower pay than in the commercial private sector. Employees are highly committed to the aims and principles of the organization. The reasons why people volunteer are usually not purely altruistic, but self-serving: They expect to gain skills, experience and contacts.
There is some dispute as to whether expatriates should be sent to developing countries. Frequently this type of personnel is employed to satisfy a donor, who wants to see the supported project managed by someone from an industrialized country. However, the expertise these employees or volunteers may have can be counterbalanced by a number of factors: the cost of foreigners is typically higher, they have no grassroot connections in the country they are sent to and local expertise is often undervalued.2
The NGO-sector is an important employer in terms of numbers. For example, by the end of 1995, CONCERN worldwide, an international Northern NGO working against poverty, employed 174 expatriates and just over 5,000 national staff working in ten developing countries in Africa and Asia, and in Haiti.


Funding
Large NGOs may have annual budgets in the millions of dollars. For instance, the budget of the American Association of Retired Persons (AARP) was over $540 million dollars in 1999.[5] Human Rights Watch spent and received US$21,7 million in 2003. Funding such large budgets demands significant fundraising efforts on the part of most NGOs. Major sources of NGO funding include membership dues, the sale of goods and services, grants from international institutions or national governments, and private donations. Several EU-grants provide funds accessible to NGOs.
Even though the term 'non-governmental organization' implies independence of governments, some NGOs depend heavily on governments for their funding. A quarter of the US$162 million income in 1998 of the famine-relief organization Oxfam was donated by the British government and the EU. The Christian relief and development organization World Vision US collected US$55 million worth of goods in 1998 from the American government. Nobel Prize winner Médecins Sans Frontières (MSF) (known in English as Doctors Without Borders) gets 46 percent of its income from government sources.5


WORKSHOP ON THE ROLE AND ACTIVITIES OF NGOS IN NATIONAL DEVELOPMENT:
Non-Governmental Organisations (NGOs) play a significant role in the development of any nation.  Thus they are key partners in national development as they focus on crucial activities of national concern such as the welfare of children, the disabled and the aged, as well as helping disadvantaged communities to access basic needs such as health and education among others.
In Zimbabwe like elsewhere, NGOs are also expected to partner the Government in its efforts to spearhead development, particularly among the poor and the marginalised communities.
It is however, very worrying to note that some unscrupulous NGOs have abandoned their original mandate and have now turned themselves into leaders of a bandwagon crusade that is calling for a self-conceived alternative with regards to human rights, constitutional matters and democracy.
These foreign-funded and misguided sections of the NGO sector, which represents no one, but their financiers continue to live in the world of imagination, wishing that one day Zimbabweans will believe in their ambiguous adventure. By their own admission, they have failed to fool anyone and they remain in the fringes of society with their middle-class leadership, foreign funded political agendas, urban locations and unholy matrimony with the equally misguided opposition political parties.
These donor-funded organisations have not hid their political agendas, posing as an alternative to the state even though they have no such mandate from the people. This way, these NGOs have made themselves enemies of Zimbabwe, as they do not represent the agendas and interests of the nation but their sponsors.

2.0 Rationale
The Government of Zimbabwe however, still sees reason in engaging those NGOs that are true partners in development, even with regards to the human rights, constitutional and democracy issues.  We also take cognisance of the emergency of the two camps in the NGOs who focus on human rights and democracy debate, with the foreign funded ones parading themselves as a supreme alternative to the state while others correctly believe in engaging the state in these fundamental issues.
It is in that respect that the Department of Public and Interactive Affairs in the Office of the President and Cabinet is initiating an introspection process with regards to the relationship between among the State, the NGOs and the citizens.  There is an imminent need for a consensus on the role of NGOs in Zimbabwe, not just from the NGO sector alone, but especially from the ordinary citizens who are the intended beneficiaries of NGOs’ activities as well as the Government as the Policy-Maker and Regulatory Authority.

The introspection process will culminate in the convening of a one-day workshop titled “Role and Activities of NGOs in National Development”. The workshop is expected to attract about 200 participants from the following institutions: Government Ministries, Local and International Non-Governmental Organisations, Inter-Governmental Organisations such as the Southern African Development Community (SADC), African Union (AU) and the United Nations Development Programme (UNDP) among others.

3.0 Expected Outcomes of the Workshop
By the end of the daylong event, the following outcomes are expected:
q       Creation of an atmosphere of trust between and among the Government, NGOs and the ordinary citizens.
q       Open avenues of dialogue and interaction between and among the Government, NGOs and the citizens.
q       Exploration of further avenues of co-operation.
q       Having a greater appreciation of the NGOs.

Workshop on National Institutions for Promoting and Safeguarding Human Rights (NHRIs) and Non Governmental Organisations (NGOs)
1 October 2003
Those taking the floor at this workshop, which was jointly organised by the Human Rights Grouping of NGOs and the Commissioner for Human Rights, were
As speaker:
- Mr Alvaro GIL-ROBLES, Council of Europe Commissioner for Human Rights,
- Mr Daniel ZIELINSKI, Chair of the Liaison Committee of NGOs enjoying consultative status with the Council of Europe
As Chairs of the working sessions:
- Mr Markus JAEGER, Deputy Director of the Office of the Commissioner for Human Rights,
- Mr Pierre BOULAY, Chairman of the Human Rights Grouping of NGOs enjoying consultative status with the Council of Europe
The following report summarises the contributions made by representatives of National Human Rights Institutions from four member states of the Council of Europe:
- Mr Wolfgang HEINZ (German Institute for Human Rights),
- Ms Maria LIISBERG (Danish Institute for Human Rights)
- Mr Marc LEYENBERGER (National Consultative Commission for Human Rights, France)
- Mr Ciaran O MAOLAIN (Northern Ireland Human Rights Commission)

I. Aims, common objectives and points of reference raised by the representatives of NHRIs
A) The core values of independence and pluralism of the institutions
B) The will to focus on needs in the field (raised in particular by Mr HEINZ)
C) The need to focus on representation of civil society (raised in particular by
Mr LEYENBERGER, who expressed the view that the NGOs represented - 33 at present - were those most active and effective in the human rights sphere).
D) The advantage of linking different human rights organisations (NGOs, etc) in a national network (point raised by Ms LIISBERG, endorsed by Mr HEINZ) and the strengthening of relations between NHRIs and NGOs, in particular through consultation mechanisms (raised by Mr O MAOLIN, endorsed by Mr HEINZ)

Activities of NGOs in Bangladesh:
The NGO sector in Bangladesh is highly organized and relatively homogeneous. Most NGOs utilize a branch and headquarters structure in which branches have limited autonomy from headquarters. At the branch level, most NGOs in the country, whether big or small, focus on credit services, derive more of their income from fees for services than from grants, rely on salaried rather than voluntary staff, keep detailed financial accounts that are externally audited, and hire middle-class college educated men as managers. The convergence to a modal institutional form probably is the result of the persuasive power of ideas, sociological pressures toward acculturation and conformity, as well as material incentives.
 

Dhaka Ahsania Mission A voluntary organization striving towards sustainable development.
Founded in 1958 with the aim to develop social and spiritual life of the entire human community, DAM works with basic thrust on poverty alleviation and socio-economic empowerment of the poor, specially the disadvantaged.

Major Functions
Implements community-based programmes
Develops innovative education & communication materials
Operates educational, vocational & health institutions
Provides wide range of training & consultancy services
Undertake advocacy for policy changes in strategic issues
Work at international level.


Programm Sectors
In education sector, DAM actively works in policy advocacy through dialogues, besides providing education to the children, adolescents and adults in both non-formal and formal programmes. DAM also works on community empowerment to equip them to claim quality education, to monitor access and efficiency of available education services.
For improvement of livelihood conditions, DAM focus on capacity building of target disadvantaged households to engage in income generating activities, in particular through promoting agricultural diversity, establishing market-oriented vocational training facilities supported by employment support service, market linkage and facilitating access to micro finance.
DAM’s health service focus is on enhancing complemented health service system by engaging in capacity building of health workers, facilitating effective and sustainable water and sanitation practices, establishment of community managed ‘satellite clinics’, prevention of drug abuse and HIV/AIDS, and cancer care and mental health care.
In Human Rights & Social Justice sector, DAM’s major focus is to mobilize communities to stand up for their social and human rights in the broadest sense including the right to live in a safe and peaceful environment, gender rights, and child rights. Besides, DAM joins policy dialogue on related issues at the national level.


Resource Mobilization and Development Division
Resource Mobilization & Development (RMD) Division is an organizational strategy of Dhaka Ahsania Mission to promote its program for raising funds from donors and partnership with development agencies globally and locally. The division has two foreign wings called DAM-UK and DAM USA as registered charity in UK and USA respectively to support fund raising activities. RMD division has prepared a resource mobilization strategy to support DAM’s ten-year programmatic perspective plan and five-year operational plan. The resource mobilization strategy includes:
Strategic action for strengthening institutional capacity of DAM.
Assessing of existing and funding needs for program
Grants market research and funding opportunities from institutional, corporate & private donors.
Developing fund raising tools, techniques, methods and approaches.

The operational features are:
Strengthening institutional capacity on resource mobilization and business development.
Development of proposal, documents and materials on programs.
Identifying potential donors/ development agencies for collaboration.
Communication and presentation of DAM’s program and development of partnership with donors/development agencies.
Participation in competitive biddings locally and globally.
Retention of donors by maintaining relationship and accountability on donors’ contribution.
Social business development for program sustainability.


Internship and Study visits
DAM offers internship to students towards promotion of international understanding, sharing of good practices and facilitating increase of knowledge base on development education among the students in higher education. Beside students from college and university in Bangladesh, students studying in other countries, irrespective of nationalities, are encouraged as intern to work in DAM
DAM works in the regional and internatiomal arena also in various ways. Its presence participation in relevant events and programs, particularly in the Asia Pacific region, has been always very prominent and visible. During the year 2005-06, the dimensions of international collaboration have been expanded Professional services at international level In the field of education In the field of education, there were a number of events where DAM has extended the hand for technical collaboration to various organizations. Following are few exampl  Presentation on “How ICT and Distance Education Methodologies can be used to effect change in Bangladesh and South Asia: Dhaka Ahsania Mission’s Perspective” by DAM President in the Commonwealth of Learning South Asia Consultative Meeting held in Dhaka from 26- September 20 Participation of Mr. Kazi Rafiqul Alam as the Asian regional representative in the Editorial Board Meeting of Education for All (EFA) Global  Monitoring Report held in the UNESCO, Paris on 11-12 May 2000 Facilitation of the ISESCO Training Workshop on slamic Education for Girls and Women Literacy held in Dhaka from 23-28 April 2006 and the Sub-Regional Workshop on Planning NGO Strategy for Adult Education held also in Dhaka from 16-18 May 2006 DAM was also invited by the State Resource Centre, West Bengal India to provide technical support in the Workshop on `Monitori Supervision and Evaluation of Continuing Education Program’ held in the North Bengal University Shiliguri, Darjeeling, India from 11-16 June 2006. Organized at DAM Auditorium a Training Workshop on Planning and Management of Community Learning Centres (9-13 February 2006) for a group of 17  senior officials of MoE of Iraq led by their  Director General of Non-formal Education Organized an international workshop on Planning NGO Advocacy Strategy for Adult Literacy and Learning (16-18 May 2006). 21 Chief Executives/Directors of NGOs of Pakistan, India, Nepal and Bangladesh participated.

Professional services at international level
DAM works in the regional and international arena also in various ways. Its presence and participation in relevant events and programs, particularly in the Asia Pacific region, has been always very prominent and visible. During the year 2005-06, the dimensions of international collaboration have been expanded.


Opening of DAM offices in India and Pakistan:
As part of extending collaboration and between the practitioners in South Asia and with the aim of undertaking joint programmes, in 2005-06 DAM started the process of opening its country offices in India and in Pakistan. As a first measure the Country Representatives have been posted. Because of the interest of the counterpart development practitioners in both countries, the official formalities for opening offices have progressed well. The offices will start functioning from 2007.
In Africa, DAM provided technical support in the `Regional workshop on Capacity Building of Literacy and Non-Formal Education Facilitators in Africa’ held in Bamako, Mali from 25 July-04 August 2005, where the Director of Training and Materials Division attended as an Asian Expert and shared the Asia-Pacific regional experience as well as DAM’s experience.


Organising Regional Workshops and Training Programmes
A regional training program on prevention of drug abuse was organized from 6-10 February 2006. It was a five-day long training course and participants came from four SAARC countries. Main participants of the training course were the prison officials. The training unit of DAM organized the training in cooperation with UNODC and National Institute of Criminology and Forensic Science.
Organized and conducted a Sub Regional Workshop on Capacity Development on Supervision, Monitoring and Evaluation of National Level NFE Programs (19-24 November 2005) at Ambala Inn Hotel, Dhaka attended by 20 senior education officers from Bhutan, India, Nepal, Pakistan and Bangladesh.
Organized at DAM Auditorium a Training Workshop on Planning and Management of Community Learning Centres (9-13 February 2006) for a group of 17 senior officials of MoE of Iraq led by their Director General of Non-formal Education
Organized an international workshop on Planning NGO Advocacy Strategy for Adult Literacy and Learning (16-18 May 2006). 21 Chief Executives/Directors of NGOs of Pakistan, India, Nepal and Bangladesh participated.


Charity Fund / Zakat fund
Dhaka Ahsania Mission operates a charity fund to support the distressed families. Based on the founding aims of the organization to help the suffering humanity DAM mobilises fund to support the poor people. Every year generous people from various locations donate their Zakat and other funds to this fund to support the vulnerable people.
 DAM utilizes these funds for various purposes. In the year 2006-7, a total amount of Tk. 3,985,646 were distributed to the people for following purposes:
1.       Treatment for helpless poor patient / cancer patient.
2.       Repair house of poor people
3.       Supporting extreme poor for livelihood/ increased earning
4.       Assist the people who suffer from the natural disaster.
5.       Support to meet marriage expenses of girls from poor families.
6.       on cost for children from vulnerable families.
DAM also donated TK. 2,387,366 to 285 poor cancer patients at Cancer Detection Centre and Hospital at Mirpur, Dhaka for cancer treatment.
The charity fund is managed by a specialised committee constituted by DAM Executive Committee, meeting at regular interval. The committee scrutinizes the applications for support and ensures proper utilization of the donation money. The donors are kept informed about use of their money.
For the year 2007-8, besides regular support to the distressed families, DAM has planned to undertake, following projects with the support from the charity fund:
Establish some free homeopathic dispensary for the urban poor people. More than 1,50,000 people will get free treatment / low cost treatment from these dispensaries.
Ahsania Mission Cancer and General Hospital at Uttara will start activities from December 2008. There would be required provision for free treatment cost for poor people is increased.
There are many children live in streets of Dhaka city. DAM took a new initiative for those children and wants to establish a “ Children City”, providing vocational training and life skill education to these children.
We cordially requests the generous people to donate Zakat and other funds to DAM Charity Fund and help the person who really needs support to live at subsistence level. Donation can be directly paid to the following bank account:
Dhaka Ahsania Mission
Account Number 12100036821
Mercantile Bank
Dhanmondi Branch, Dhaka.

The Organizations related to Bangladesh Human Rights

1.Adhikar
41 North Jatrabari, Dhaka-1204.
Tel.(880-2)25-74-41.

2.ADAB
1/3, Block F, Lalmatia Dhaka 1207
Tel: 9116184, 9126415, 8122845-7
E-mail: adab@bdonline.com

3.
Ain O Shalish Kendro
55 Inner Circular Rd
Shantinagar, Dhaka 1000.
Tel.(880-2)316-247. Fax.(880-2)863-409
4.
Amnesty International Bangladesh
Section (AI)
GPO Box 2242, Dhaka.
Tel.(880-2)505-901

5.
Asian Cultural Forum on Development - Bangladesh (ACFOD)
C/O TARD, GPO Box 4047, Dhaka 1000. Tel.(880-2)81-37-58. Fax.(880-2)81-30-14.
6.
Assistance for legal and Humanitarian Affairs Bangladesh (ALHAB)
GPO Box No. 377, Ramna, Dhaka 1000. Tel:(880-2)865-409.

7.
Association for Social Advancement (ASA)
5/12 Block B, Humayun Road
Mohammadpur, Dhaka.
Tel.(880-2)316-375; 324-731; 31-3318;
32-7424; 32-4162; 31-6184.
8.
Association for Liberty Peace and Humanity (ALPH)
Room No. 7, Supreme Court Bar Association Building, Dhaka 1000.
Tel.(880-2)23-26-28

9.
Association for Realisation of Basic Needs (ARBN)
House 47, Road 27
Dhanmondi R. A. Dhaka.
10.
Association of Development Agencies in Bangladesh
1\3 Lalmatia, Block F, Dhaka 1207
Tel.(880-2)812-353. Fax.(880-2)813-095

11.
Bangladesh Buddhist Federation
DMC-285 South Kafrul
Cantonment, Dhaka.
12.
Bangladesh Human Rights Commission(BHRC)
1 Kazi House, 222 Mazibag, Dhaka 1217./
or GPO Box 2099, 77 Purana Paltan Line, Dhaka 1000. Tel.(880-2)40-95-97.
Fax.(880-2)83-32-12.

13.
Bangladesh Inter-Religious Council for Peace and Justice (BICPAJ)
C/O F. Rahman.* 4/10 Iqbal Road, Mohammadpur, Dhaka 1207.
Tel.(880-2)32-87-07. Fax.(880-2)41-12-66
14.
Bangladesh Mahila Parishad
10\B Segun Bagicha, Dhaka 1000.
Tel.(880-2)24-50-49.
Fax.(880-2)83-39-66

15.
Bangladesh Manabadhikar Bastabayan Shangstha (BMBS)
48 Bijoy Nagar Road, Dhaka-1000.
Tel.(880-2)40-9298; 41-7654; 23-2133; 23-3741. Fax.(880-2)86-36-89
16
Bangladesh Manobadhikar Samonnoy Parishod (BMSP)
4/3 Block - E, Zakir Hossain Road
Lalmatia, Dhaka-1207.
Fax.(880-2081-30-95 (Attn. BMSP/CCHRB).

17.
Bangladesh National Women Lawyers Association
C/O Chancery Chambers, 62-63 Motijheel C, Dhaka 1000. Tel.(880-2)41-25-05.
Fax.(880-2)86-36-89
18.
Bangladesh Rehabilitation Centre for Trauma Victims
30 Bijoy Nagar, Dhaka 1000
Tel.(880-2)40-95-97.
Fax.(80-2)83-32-12..

19
Bangladesh Rural Advancement Committee (BRAC)
75 Mohakhali C/A, Dhaka-1212.
Tel.(880-2)883-614, 884-180 to 88; 600-204; 600-161/4; 600-106/7.
Fax.(880-2)883-542; 883-614.
20.
Bangladesh Shishu Adhikar Forum (BSAF)
C/O Dr. Ahmadullah Mia, Chair,
UCEP, Plot 2 & 3, Mirpur-2,
Dhaka1210

21.
Bangladesh Society for the Enforcement of Human rights (BSEHR)
- see: Bangladesh Manabadhikar Bastabayan Shangstha.
22.
BILS
House 2, Road 13, Dhanmondi R/A,
Dhaka 1209 Tel: 8123869-70
E-mail: bils@agni.com

23.
Brothers to All men International, Bangladesh (BAM)
6/9 Lalmatia, Block D, 3rd Floor,
Dhaka 1207. Tel.(880-2)811-029.
24.
Center for Victims of Human Rights Violations (CVHRV)
P.O. Box 7300, Dilkusha, Dhaka.
Fax.(880-2)863-245 Attn: AIMG

25.
Commission for Justice and Peace, Catholic Bishops Conference of Bangladesh (CJP),
GPO Box-5, Dhaka 1000.
Tel.(880-2)417-936 (O).
26.
Community Development Library (CDL)
House 39, Road 14/A, Dhanmondi R/A
Dhaka 1209.
Tel.(880-2)13-604; 813-769

27.
Comprehensive Rural Educational, Socil, Cultural and Economical Centre (CRESCENT)
GPO Box 2095, Dhaka.
28.
CRESCENT Research Information and Student Service (CRISS)
PO Box 2095, Dhaka..

29.
Defence for Children International - Bangladesh Section (DCI)
C/O Madaripur Legal Aid Association
New Town, Madaripur.
30.
Gonoshahajjo Sangstha
41 Sir Syed Ahmed Rd.,
Mohammadpur, Dhaka.
Tel.(88-02)814-986. Fax.(88-02)863-495

31.
Democracywatch
7 Circuit House Road
Ramna, Dhaka-1000
Phone: 880-2-9344225/6, Fax: 880-2-8315807
email: dwatch@bangla.net
web: http://www.dwatch-bd.org
32.
Humanist and Ethical Association of Bangladesh (HEAB)
55\D Dhaka University Staff Quarter, Dhaka. Tel.(88-02)50-36-11. Fax.(88-02)86-30-60

33.
Hotline Bangladesh
GPO Box 5, Dhaka 1000.
Tel.(880-2)417-936.
34.
Institute of Democratic Rights (IDR)
House No.13, Rd. No.7, Dhanmondi R/A Dhaka-1205. Tel.(880-2)508-393. continue ...

35.
Humanitarian Agency for Development Services (HADS)
Sirajuddoulah Rd., Thakurgaon 5100.
Tel.(880-0561)3513.
36.
Odhikar
A Human Rights Organisation
3/6 Shegun Bagicha Dhaka-1000, Bangladesh Telephone: 880-2-9560173,
Fax: 880-2-9567280 E-mail:odhikar@bangla.net; odhikar@yahoo.com URL: www.odhikar.org

37.
LAW WATCH
A Centre for Studies on Human Rights Law House; E-13, 2nd Floor, Pallabi Extension Mirpur, Dhaka-1216, BANGLADESH Telephone:880-2-8020628,
E-fax/Voice mail: 1-530-326-9189
E-mail: lawwatch2001@yahoo.com, mkabir99@hotmail.com
URL : geocities.com/lawwatch2001/lw.html
38.
Liberty International Bar Association Building
Suit No.1, First Floor, Mymensingh.

39.
Law and Meditation Centre
7\c Bailey Road, Dhaka.
Tel.(88-02)863-966.
40.
Man for Mankind (MAM)
GPO Box 3363, Dhaka-1000.
Fax.(880-2)833-983; 833-120; 833-085.

41.
Madaripur Legal Aid Association (MLAA)
New Town, P.O. Box No.9, Madaripur 7900. Tel.(880-661)518-356/316.
42.
Naripokkho
House No.51/D, Road No.9A,
Dhanmondi R/A
Dhaka 1209.

43.
Maulik Chahida Nischitakoron Samity (ARBAN)
P.O.B. 2242, Dhaka 1000.
Tel.(880-2)51-59-01; 31-62-87.
44.
Paralegal Training Services Centre (PTSC)
GPO Box 2346
Dhaka 1000.
Tel.(880-2)40-95-97; 41-16-25.
Fax.(880-2)83-32-12 Attn:PTSC.

45.
Palli Progoti Shahayak Samity (Faridpur) (PPSS)
Vill & PO Komorpur,
Faridpur.
46.
Rohingya Solidarity Organizations, Arakan (Myanmar)
C/O PO Box 795, Chittagong.
Tel.(880-31)25362.

47.
Resource Integration Centre
House # 3/9, Block-C, Lalmatia,
Dhaka 1207.
48.
World Peace Organization
3012 Johnson Road, Dhaka.

49.
Shaishob
2/1 Humayun Road Mohammadpur
Dhaka.
50.
Ubinig
House # 8/1 Lalmatia, B-Block Road 30
Dhaka.

51.
Terre des Hommes
House No.27, Road 14 A, Dhanmondi
Dhaka 1209.
52.
South Asian Association for Right to Development
Globe Chamber 2nd Floor, 104
Motijheel Commercial Area, Dhaka-1000. Tel.(880-2)234-098; 252-694.
Fax.(880-2)833-3161

53.
Under Privileged Children's Educational Programme (UCEP)
Plot No.2 & 3, Mirpur-2
Dhaka-1210.
54.
White Eye
1046.West NandiPara,
Dhaka-1214
E-mail:atsukokabir@yahoo.com

55.
Working for Better Life (WBL)
Head Office: House-7, Road-30,
Sector-7, Uttara, Dhaka
Ph: ( 88-02- ) 8916966, 8918851
Fax: 88-02- 8918798,
Email: badhon@gononet.com,
URL : www.workingforbetterlife.org




Plays a vital role for the protection and promotion of Human Rights through out the world. In Bangladesh there are three NGOs which have a consultative status with the Economic and Social Council is:
 1) LIBERTY INTERNATIONAL AT MYMENSING.
 2) DHAKA AHSANIA MISSION
 3) MATRY SADAN AT AZIMPUR IN DHAKA.

It is necessary to mention here that the activities of the NGO must be controlled for various. NGOs expend (60%) income of the total revenues in order to maintain their office, employees, transport etc.
So we can say that, only three NGOs at Bangladesh have got status with the economic and social council.

Administrative Law

Administrative law is the body of law regulating government decision-making.  Review of administrative decisions can take place internally and externally. 
Scope and nature of administrative law:
(1)    Administrative law deals  with executive, judicial and legislative powers and function of the administration;
(2)    Administrative law prescribes various principle and rules by which official action is reached and reviewed in relation to individual liberty and freedom;
(3)    Administrative law deals with those means or control mechanisms which keep the executive, its various agencies within legal bounds.

Sources mean the places of origin. So “sources of administrative means places wherefrom administrative laws have been origined”. Since administrative law is a law. So the sources of law are the sources of administrative law. Thus the following sources are treated as the sources of administrative law-
(1)    Constitutional law:   constitutional law equal to (Constitution+ Constitutional precedent+ constitutional convention) we can not find any active constitutional convention in Bangladesh.
(a)    Constitution: Part 9 of the Bangladesh constitution deals with the services of Bangladesh and this part cover Articles 133-141, which is indeed/basically administrative law.
(b)   Constitutional precedent/ case law: sectary, Ministry of Finance vs. Masder Hossain, 52DLR (2000) AD 86.

(2)    Act/ Ordinance: Act or Ordinance is the important sources of Administrative law. For example-
(i)                  The Administrative Tribunal Act, 1980
(ii)                Public Servants (Retirement) Act, 1974;
(iii)               Official Secrets Act, 1923
            Ordinance-
(i)                  The Government Servants (Dismissal on Conviction) Ordinance, 1985
(ii)                Public Servants (Marriage with Foreign Nationals) Ordinance, 1976.



(3)    Delegated legislation- (Rules and regulation):- Administrative law exists in various rules, regulation, by laws etc. for example-
(i)                   Rules:-
(a)     Government servants (discipline and appeal) rules, 1985.
(b)   Bangladesh Civil Service Seniority Rules, 1983.
(ii)                Regulation:-
(a)    Bangladesh Shilpa Bank Employees Service Regulations, 1984.
(b)   Bangladesh public Service Commissions (Consultation) Regulation, 1979.
(iii)               By Law:-
(a)    Paurashava Water Supply (Model) Byelaws, 1999.
(4)    Judicial Precedent/ Case laws:-
(a)    Abdul Latif mirza vs. Govtment of Bangladesh,(1982)34 DLR(AD )173.In this case the Appellate Division of the Bangladesh Supreme Court observe that the principle of natural justice is a part of the law of the country.

Abdur Rahman and other vs. Sultan and others, (1983) BLD (AD), 129. In this case the Appellate Division of the Bangladesh Supreme Court held that the Civil Procedure Code deals with procedural matters and not substantive rights. The procedural laws are grounded on principle of the natural justice.

Ombudsman
There are some reasons for growth on Ombudsman.
In the 1st instance that in judicial remedy there are many defect. For example in a judicial remedy the complaint is required to led any evidence or to prove his case or court fees are payable for filing a complaint is justified or unjustified and also need the lawyer it is very lengthy process.
On the other hand Executive or administrative remedy from higher authority, it is not acceptable because it is buyouts by lower authority.
For such reason the ombudsman is growth because in judicial and executive remedy have many defect. So it is more batter the judicial and as will as executive remedy.

Doctrine of ultra vires means that which strikes down and act where it violates statute, principles on natural justice. It strikes down a provision where it is in conflict with its parent law or the constitutional law as the case may be.

Substantive ultra vires: Whan any act or any provision is in conflict with its parent law or constitutional law as the case may be it is called substantive ultra vires.
Legal effect: null and void.


Procedural ultra vires: When any act is done or any provision is made in violation of certain procedural requirements prescribed by the parent law or by the general law, it is procedural ultra vires.
In case of procedural ultra vires we find traces of two different provisions-
(a)    Directory procedural provision;
(b)   Mandatory procedural provision.

Legal effect: Violation of directory procedural provision does not make the Act or provision null and void. But violation of mandatory procedural provision makes the act or provision null and void.
Example: If any Criminal Court judge gives its judgment without following the procedure as given in the Criminal Procedure Code it is procedural ultra vires.
How would you understand which is directory procedural ultra vires and which is mandatory procedure ultra vires. It depends upon the words which are used in law or the spirit of the law. For example shall means its is sometimes mandatory and sometime directory also many sense it means directory but in certain cases it is mandatory.

But it is show that if this judgment mandatory it is null and void and if it is directory it is not null and void. What is directory or mandatory procedural ultra vires it depends upon the nature of the law and circumstance of the prevailing or the word used in the law.

Natural justice
In Bangladesh there is no statute laying down the minimum procedure which administrative authorities must follow while exercising decision making power. Natural justice is concept of common law and it is the common law world counterpart of the American “procedural due process”.
In Civil Court Procedure prescribed by C.P.C. And Criminal Court procedure prescribed by Cr.P.C. On the other hand Administration Adjudication follows prescribed procedure given in the enabling law, but is some case Administration Adjudication follows prescribed procedure has not given in the enabling law in that case natural justice is applicable.
Natural justice has meant many things to many writers, lawyers and systems of law. Professor H.W.R. Wade defines natural justice as “the name given to certain fundamental rules which are so necessary to the proper exercise of power that they are projected from the judicial to the administrative sphere”. Natural justice is the price of the rule of law.
The principle of natural justice through various decisions of courts can be easily ascertained, though their application in a given situation may depend on multifarious factors. In Bangladesh, though natural justice enjoys no express constitutional  status but the appellate Division of the Supreme Court of Bangladesh in Abdul Latif Mirza Vs. Government of Bangladesh, (1982) 34 DLR(AD) 173, observed observe that the principle of natural justice is a part of the law of the country. “It is now well-recognised that the principle of natural justice is a part of the law of the country”.
In legal sphere the concept of natural justice generally covers two principles:-
(1)    Nemo judex in cause sua: No one should be made a judge in his own cause or the rule against bias.
(2)    Audi alteram partem: Hear the other party, or the rule of fair hearing, or the rule that no one should be condemned unheard.


Ultra vires
The doctrine of ultra vires was first introduced in relation to the statutory companies. However, the doctrine was not paid due attention up to 1855. The doctrine of ultra vires was first established the following case was decided by the House of Lords In Ashbury Railway Carriage and Iron Company Ltd vs. Riche, (1875) L.R. 7 H.L. 653.

Ultra Vires Latin phrase meaning "beyond power or authority" describing an act by a corporation that exceeds its legal powers. For example, corporations do not have the authority to engage in the insurance business without a charter. A corporation offering insurance without authority would be acting ultra vires.

Ultra vires Literally, ‘beyond powers’. Ultra vires has two meanings: (1) substantive ultra vireswhere a decision has been reached outside the powers conferred on the decision taker; and (2)procedural ultra vires where the prescribed procedures have not been properly complied with. The doctrine of ultra vires gives courts considerable powers of oversight over decision-making.

In corporate law, ultra vires describes acts attempted by a corporation that are beyond the scope of powers granted by the corporation's charter, the laws authorizing its formation, or similar founding documents.

In administrative law, an act may be judicially reviewable ultra vires in a narrow or broad sense. Narrow ultra vires applies if an administrator did not have the substantive power to make a decision or it was wrought with procedural defects.

Basic principles included the following:
An ultra vires transaction might be ratified by all the shareholders.
The doctrine of estoppel usually precluded reliance on the defense of ultra vires where the transaction was fully performed by one party
A fortiori, a transaction which was fully performed by both parties could not be attacked.
If the contract was fully executory, the defense of ultra vires might be raised by either party.
If the contract was partially performed, and the performance was held to be insufficient to bring the doctrine of estoppel into play, a suit for quasi contract for recovery of benefits conferred was available.
If an agent of the corporation committed a tort within the scope of his or her employment, the corporation could not defend on the ground the act was ultra vires.


Effect:
(i)                 Ultra vires contract: A contract beyond the objects clause of the company’s memorandum is an ultra vires contract and cannot be enforced by or against the company.
(ii)               Ultra vires borrowings: A borrowing beyond the power of the company (i.e. beyond the objects clause of the memorandum of the company) is called ultra vires borrowing.
(iii)             Ultra vires torts or crimes: As regards the extent to which the ultra vires rules applied to torts and crimes, the law is not well settled. The following views may be mentioned.

The rule of law
The rule of law, in its most basic form, is the principle that no one is above the law. Rule of law means A legal system in which rules are clear, well-understood, and fairly enforced, including property rights and enforcement of contracts.
(iv)             Words, by "rule of law" we mean a western tradition that can be traced back to the Roman republics and was fully developed by the liberal constitutionalism. It is characterized, in the words of Max Weber, by "legal domination."
(v)               Concept: The rule of law means; in the first place, the complete superiority or prevalence of usual law as opposed to the power of illogical power, and excludes the survival of arbitrariness, prerogative. "Rules of Law" has not been implemented in Britain in its dispatch and strength. Legally speaking, the greater is opposed from the limits understood in the "Rule of Law" as 'King can do no wrong' is the essential doctrine of their political system. Hence the ruler cannot be summoned in any court of law, though all servants of the Crown are legally                                                         liable to courts for their departmental affairs. 

Under Crown Proceeding Act of 1947, government officials enjoy sure civil liberties. A citizen can be compulsory serious punishment who gives on lawsuit against a public officer but fails to prove the accusation in the court. Moreover, no proceedings can be done against judges concerning the presentation of their duties.
(vi)             The Rule of Law, in its most basic form, is the principle that no one is above the law. Thomas Paine stated in his pamphlet Common Sense (1776): "For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other."
(vii)           In England, the issuing of the Magna Carta was a prime example of the "rule of law." The Great Charter forced King John to submit to the law and succeeded in putting limits on feudal fees and duties. Another earlier example was Islamic law and jurisprudence, which recognized the equal subjection of all classes, including caliphs and sultans, to the ordinary law of the land.
(viii)         Perhaps the most important application of the rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. Samuel Rutherford was one of the first modern authors to give the principle theoretical foundations, in Lex, Rex (1644), and later Montesquieu in The Spirit of the Laws (1748).
(ix)             The concept is not without controversy, and it has been said that "the phrase 'the Rule of Law' has become meaningless thanks to ideological abuse and general over-use".



Administrative discretion -The performance of acts required to be done by an administrative agency may depend upon considerations not entirely susceptible of proof or disproof and which, considering the circumstances and the subject matter, cannot be supplied by the legislature.
Administrative Arbitrariness: Administrative discretion is never unlimited. Administrative body while taking decision must, a part from law, be guided by relevant consideration and not by irrelevant. If its decision is backed/ influenced by externals considerations which (it ought not to have taken in to account/ it should not be taken in to account) then decision can not stand, since that is administrative arbitrariness.
Control at the stage of delegation of discretion: The court exercises control over delegation of discretion of power to the administration by adjudicating upon the constitutionality of the law under which such power are delegated. If the law gives/ confers vague and wide discretionary power to any administrative authority it may be declare Ultra vires. Law may confer discretionary power but that must be backed/ guided/ supported, by policy and specific guideline.


An ombudsman (English plural: ombudsmans or ombudsmen) is an official, usually (but not always) appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens.
a government appointee who investigates complaints by private persons against the
There are some reasons for growth on Ombudsman.
In the 1st instance that in judicial remedy there are many defect. For example in a judicial remedy the complaint is required to led any evidence or to prove his case or court fees are payable for filing a complaint is justified or unjustified and also need the lawyer it is very lengthy process.
On the other hand Executive or administrative remedy from higher authority, it is not acceptable because it is buyouts by lower authority.
For such reason the ombudsman is growth because in judicial and executive remedy have many defect. So it is more batter the judicial and as will as executive remedy.


State
1. The executive (Government)             2. Legislative (parliament)        3. Judicial (court/ tribunal)


(I). Governmental department    (II). Governmental companies    (III). Statutory public corporation
A Statutory Corporation is a corporation created by statute. Their precise nature varies by jurisdiction thus they might be ordinary companies/corporations owned by a government with or without other shareholders, or they might be a body without shareholders which is controlled by national or sub-national government to the (in some cases minimal) extent provided for in the creating legislation.
Parliamentary control
Rejection of a statutory instrument, although more unlikely than with Acts, will be fatal (since statutory instruments cannot be amended), and the Lords are not constrained by the Parliament Acts.
Statutory instruments may be subject to 3 types of parliamentary control (controls are specified under the enabling Act):

Court
A court is a public forum used by a power base to adjudicate disputes and dispense civil, labour, administrative and criminal justice under its laws.
Tribunal is a generic term for any body acting judicially, whether or not it is called a tribunal in its title. a formal hearing or forum for the investigation or resolution of a dispute or conflict. A tribunal may be established on behalf of a national.
Jurisdiction:

PART VI
THE JUDICIARY
       [CHAPTER I- THE SUPREME COURT
94. Establishment of Supreme Court (1) There shall be a Supreme Court for Bangladesh (to be Known as the Supreme Court of Bangladesh) comprising the Appeallate Division and the High Court Division.
(2) The Supreme Court shall consist of the Chief Justice, to be known as the Chief Justice of Bangladesh, and such number of other Judges as the President may deem it necessary to appoint to each division.
(3) The Chief Justice, and the Judges appointed to the Appellate Division, shall sit only in that division, and the other Judges shall sit only in the High Court Division.
(4) Subject to the provisions of this Constitution the Chief Justice and the other Judges shall be independent in the exercise of their judicial functions.
95. Appointment of Judges (1) The Chief Justice and other Judges shall be appointed by the President.
(2) A person shall not be qualified for appointment as a Judge unless he is a citizen of Bangladesh and-
(a) has, for not less than ten years, been a advocate of the Supreme Court; or
(b) has, for not less than ten years, helf judicial office in the territory of Bangladesh; or
(c) has such other qualifications as may be prescribed by law for appointment as a Judge of the Supreme Court.
(3) In this articles, "Supreme Court" includes 'a Court which at any time before the commencement of the Second Proclamation (Tenth Amendment) Order, 1977, exercised jurisdiction as a High Court or Supreme Court in the territory now forming part of Bangladesh.
96. Tenure of office of Judges (1) Subject to the other provisions of this article, a Judge shall hold office until he attains the age of [sixty-seven] years.
(2) A Judge shall not be removed from office except in accordance with the following provisions of this article.
(3) There shall be a Supreme Judicial Council, in this article referred to as the council, which shall consist of the Chief Justice of Bangladesh, and the two next senior Judges:
Provided that if, at any time, the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or other cause, the Judge who is next in seniority to those who are members of the Council shall act as such member.
(4) The function of the Council shall be-
(a) to prescribe a Code of Conduct to be observed by the Judges; and
(b) to inquire into the capacity or conduct of a Judge or of any other functionary who is not removable from office except in like manner as a Judge.
(5) Where, upon any information received from the Council or from any other source, the President has reason to apprehend that a Judge-
(a) may have ceased to be capable of properly performing the functions of his office by reason of physical or mental incapacity, or
(b) may have been guilty of gross misconduct, the President may direct the Council to inquire into the matter and report its finding.
(6) If, after making the inquiry, the Council reports to the President that in its opinion the Judge has ceased to be capable of properly performing the functions of his office or has been guilty of gross misconduct, the President shall, by order, remove the Judge from office.
(7) For the purpose of an inquiry this article, the Council shall regulate its procedure and shall have, in respect of issue and execution of processes, the same power as the Supreme Court.
(8) A Judge may resign his office by writing under his hand addressed to the President.
97. Temporary appointment of Chief Justice If the office of the Chief Justice becomes vacant, or if the President is satisfied that the Chief Justice is, on account of absence, illness, or any other cause, unable to perform the functions of his office, those functions shall, until some other person has entered upon that office, or until the Chief Justice has resumed his duties, as the case may be, be performed by the next most senior Judge of the Appellate Division.
98. Additional Supreme Court Judges Notwithstanding the provisions of article 94, if the President is satisfied that the number of the Judge of a division of the Supreme Court should be for the time being increased, the President may appoint one or more duly qualified person to be Additional Judges of that division for such period not exceeding two years as he may specify, or, if he thinks fit, may require a Judge of the High Court Division to sit in the Appellate Division for any temporary period as an ad hoc Judge and such Judge while so sitting shall exercise the same jurisdiction, powers and functions as a Judge of the Appellate Division.
Provided that nothing in this article shall prevent a person appointed as an Additional Judge from being appointed as a Judge under article 95 or as an Additional Judge for a further period under this article.
99. Disabilities of Judges (1) Except as provided in clause (2), a person who has held office as a Judge otherwise than as an Additional Judge shall not, after his retirement or removal therefrom, plead or act before any court or authority or hold any office or profit in the service of the Republic not being a judicial or quasi-judicial office [or the office of Chief Adviser or Adviser].
(2) A person who has held office as a Judge of the High Court Division may, after his retirement or removal therefrom, plead or act before the Appellate Division.
100. Seat of Supreme Court The permanent seat of the Supreme Court, shall be in the capital, but sessions of the High Court Division may be held at such other place or places as the Chief Justice may, with the approval of the President, from time to time appoint.
Article 100 as amended by the said Act runs thus:-
"100. Seat of Surpreme Court.-
(1) Subject to this article, the permanent seat of the Supreme Court shall be in the capital.
(2) The High Court Division and the Judges thereo shall sit at the permanent seat of the Supreme Court and at the seats of its permanent Benches.
(3) The High Court Division shall have a permanent Bench each at Barisal, Chittagong, Comilla, Jessore, Rangpur and Sylhet, and each permanent Bench shall have such Benches as the Chief Justice may determine from time to time.
(4) A permanent Bench shall consist of such number of Judges of the High Court Division as the Chief Justice may deem it necessary to nominate to that Bench from time to time and on such nomination the Judges shall be deemed to have been transferred to that Bench.
(5) The President shall, in consultation with the Chief Justice, assign the area in relation to which each permanent Bench shall have jurisdictions, powers and functions conferred or that may be conferred on the High Court Division by this Constitution or any other law; and the area not so assigned shall be the area in relation to which the HighCourt Division sitting at the permanent seat of the Supreme Court Shall have such jurisdictions, powers and functions.
(6) The Chef Justice shall make rules to provide for all incidental, supplenental or consequential matters relating to the permanent Benches."
101. Jueisdiction of High Court Division The High Court Division shall have such original, appeallate and other jurisdictions, powers and functions as are or may be conferred on it by this Constitution or any other law.
102. Powers of High Court Division to issue certain orders and directions, etc. (1) The High Court Division on the application of any person aggrieved, may give such directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any the fundamental rights conferred by Part III of this Constitution.
(2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law-
(a) on the application of any person aggrieved, make an order-
(i) directing a person performing any functions in connection with the affairs of the Republic or of a local authority to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do; or
(ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or taken without lawful authority and is of no legal effect; or
(b) on the application of any person, make an order-
(i) directing that a person in custody be brought before it so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or
(ii) requiring a person holding or purporting to hold a public office to show under whatauthority he claims to hold that office.
(3) Notwithstanding anything contained in the foregoing clauses, the High Court Division shall have no power under this article to pass any interim or other order in relation to any law to which article 47 applies.
(4) Whereon an application made under clause (1) or sub-clause (a) of clause (2), an interim order is prayed for and such interim order is likely to have the effect of-
(a) prejudicing or interfering with any measure designed to implement any development programme, or any development work; or
(b) being otherwise harmful to the public interest, the High Court Division shall not make an interim order unless the Attorney-General has been given reasonable notice of the application and he (or an advocate authorised by him in that behalf) has been given an opportunity or being heard, and the High Court Division is satisfied that the interim order would not have the effect refered to in sub-clause (a) or sub-clause (b). (5) In this article, unless the context otherwise requires, "person" includes a statutory public authority and any court or tribunal, other than a court or tribunal established under a law relating to the defence services of Bangladesh or any disciplined force or a tribunal to which article 117 applies.
103. Jurisdiction of Appellate Division (1) The Appellate Division shall have jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division.
(2) An appeal to the Appeallate Division from a judgment, decree, order or sentence of the High Court Division shall lie as of right where the High Court Division-
(a) certifies that the case involves a substantial question of law as to the interpretation of this constitution ; or
(b) has sentenced a person to death or to [imprisonment] for life, or
(c) has imposed punishment on a person for contempt of that division; and in such other cases as may be provided for by Act of Parliament.
(3) An appeal to the Appellate Division for a judgment, decree, order or sentence of the High Court Division in a case to which clause (2) does not apply shall lie only if the Appellate Division grants leave to appeal.
(4) Parliament may by law declare that the provisions of this article shall apply in relation to any other court or tribunal as they apply in relation to the High Court Division.
104. Issue and ececution of processis of Appellate Division The Appellate Division shall have power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of securing the attendance or any person or the discovery or production of any document.
105. Review of Judgments or orders by Appellate Division The Appellate Division shall have power, subject to the provisions of any Act of Parliament and of any rules made by that division to review any judgment pronounced or order made by it.
106. Advisory jurisdiction of Supreme Court If at any time it appears to the President that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to the Appellate Division for consideration and the division may, after such hearing as it thinks fit, report its opinion thereon to the President.
107. Rule making power of the Supreme Court (1) Subject to any law made by Parliament the Supreme Court may, with the approval of the President, make rules for regulating the practice and procedure of each division of the Supreme Court and of any court subordinate to it.
(2) The Supreme Court may delegate any of its functions under clause (1) and article 113 to a division of that Court or to one or more Judges.
(3) Subject to any rules made under this article the Chief Justice shall determine which Judge are to constitute any Bench of a division of the Supreme Court* * * * * and which Judges are to sit for any purpose.
(4) The Chief Justice may authorise the next most senior-Judge of either Division of the Supreme Court to exercise in that division any of the powers conferred by clause (3) or by rules made under this article.
108. Supreme Court as court of record The Supreme Court shall be a court of record and shall have all the powers of such a court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself.
109. Superintendence and control over courts The High Court shall have superintendence and control over all courts [and tribunals] subordinate to it.
110. Transfer of cases from subordinate courts to High Court Division If the High Court Division is satisfied that a case pending in a Court subordinate to it involves a substantial question of law as to the interpretation of this Constitution, or on a point of general public importance, the determination of which in necessary for the disposal of the case, it shall withdraw the case from that court and may-
(a) either dispose of the case itself; or
(b) determine the question of law and return the case to the court from which it has been so withdrawn (or transfer it to another subordinate court) together with a copy of the judgement of the division on such question, and the court to which the case is so returned or trnasferred shall, on receipt thereof, proceed to dispose of the case in conformity with such judgement.
111. Binding effect of Supreme Court judgments The law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it.
112. Action in aid of Supreme Court Al authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court.
113. Staff of Supreme Court (1) Appointments of the staff of the Supreme Court shall be made by the Chief Justice or such other judge or officer of that Court as he may direct, and shall be made in accordance with rules made with the previous approval of the President by the Supreme Court.
(2) Subject to the provisions of any Act of Parliament the conditions of service of members of the staff of the Supreme Court shall be such as may be prescribed by rules made by that court.

CHAPTER II - SUBORDINATE COURTS
114. Establishment of subordinate courts There shall be in addition to the Supreme Court * * such courts subordinate thereto as may be established by law.
 [115. Appointments to subordinate courts Appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the President in accordance with rules made by him in that behalf.]
116. Control and discipline of subordinate courts The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the [President] [and shall be exercised by him in consultation with the Supreme Court].
 [116A. Judicial officers to be independent in the exercise of their functions 117. Administrative tribunals (1) Notwithstanding anything hereinbefore contained, Parliament may be law establish one or more administrative tribunals to exercise jurisdiction in respect of matter relating to or arising out of-
(a) the terms and conditions of persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishment;
(b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law, including the operation and management of, and service in any nationalised enterprise or statutory public authority;
 [(c) any law to which clause (3) of article 102 applies.]
(2) Where any administrative tribunal is established under this article, no court shall entertain any proceedings or make any order in respect of any matter falling within the jurisdiction of such tribunal: Provided that Parliament may, by law, provide for appeals from, or the review of, decisions of any such tribunal.
Jurisdiction of Administrative Tribunals.  
4. (1) An Administrative Tribunal shall have exclusive jurisdiction to hear and determine applications made by any person in the service of the Republic [ or of any statutory public authority] in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in relation to him as a person in the service of the Republic [or of any statutory public authority].



(2) A person in the service of the Republic [ or of any statutory public authority] may make an application to an Administrative Tribunal under sub-section (1), if he is aggrieved by any order or decision in respect of the terms and conditions of his service including pension rights or by any action taken in relation to him as a person in the service of the Republic [ or of any statutory public authority]:

Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic [ or of any statutory public authority] or the discipline of that service can be made to the Administrative Tribunal until such higher authority has taken a decision on the matter:



[ Provided further that, where no decision on an appeal or application for review in respect of an order, decision or action referred to in the preceding proviso has been taken by the higher administrative authority within a period of two months from the date on which the appeal or application was preferred or made, it shall, on the expiry of such period, be deemed, for the purpose of making an application to the Administrative Tribunals under this section, that such higher authority has disallowed the appeal of the application:]



Provided further that no such application shall be entertained by the Administrative Tribunal unless it is made within six months from the date of making or taking of the order, decision or action concerned or making of the decision on the matter by the higher administrative authority, as the case may be.



(3) In this section “person in the service of the Republic [ or of any statutory public authority]” includes a person who is or has retired or is dismissed, removed or discharged from such service, but does not include a person in the defence services of Bangladesh[ or of the Bangladesh Rifles].

Jurisdiction of Administrative Appellate Tribunal.  
6. (1) The Administrative Appellate Tribunal shall have jurisdiction to hear and determine appeals from any order or decision of an Administrative Tribunal. 



(2) Any person aggrieved by an order or decision of an Administrative Tribunal may, within [three months] from the date of making of the order or decision, prefer an appeal to the Administrative Appellate Tribunal.



4[ (2A) Notwithstanding the provisions of sub-section (2), an appeal may be admitted after the period of three months specified in that sub-section but not later than six months, if the appellant satisfies the Administrative Appellate Tribunal that he had sufficient cause for not preferring the appeal within three months.]



(3) The Administrative Appellate Tribunal may, on appeal, confirm, set aside, vary or modify any order or decision of an Administrative Tribunal, and the decision of the Administrative appellate Tribunal in an appeal [ shall, subject to section 6A, be final].


Public interest litigation
The concept of public interest litigation has been originated in case of R vs. Thames Magistraties Court1, where Lord Justice Parker and Denning departed2, from the usual and traditional concept of Locus tandy3 as evolved from the Anglo-Saxon Jurisprudence.
The old concept of Locus standi is that only an aggrieved person can being a case before the court and only that person is aggrieved who is directly injured in money or property. It is not enough that he has a grievance or his one of the public who is complying in company with hundred or thousand of others. This old concept of Locus standi was laid down in 1980 by a distinguished judge, Loard Justice James, in the Sidebotham case4. Now this old possession has much been altered. There is at present, a much wider concept of Locus standi and there has been a remarkable series of cases in which private person (3rd parties) have come to the court and have been heard.
So, public interest litigation is a concept which recognizes maintainability of legal action by a 3rdparty5 (not the aggrieved) in unique situation6.



(1)    (1957) 5 DLR 129.
(2)    The departed shifted their position fro economic injury concept to non-economic injury concept of aggrieved person.
(3)    Ordinarily Locus standi means Rights to sue.
(4)    (1880) 14 C h d 458 at 465.
(5)    3rd party (not the aggrieved) means that is not directly injured in money and property. He is not the actual victim but a party (Plaintiff) to the case/ litigation.
(6)  Unique situation means that situation where 3rd party acts as friend in good faith without any mala fide intention Pro-Bono-Publico, not for his own vested interest.


Causes of growth of public interest litigation:
(i)                To ensure justice for poor aggrieved person;
(ii)              To ensure justice for aggrieved person who is enable to go to court for reason other then poverty; (other reason are ignorance, social or other relative cases)
(iii)             To established rule of law for all;
(iv)            To ensure equality before law and equal protection of law for all.

If a plaintiff with a good case is turned a way only because he is not sufficiently affected personally, that means that some person is left frees to violate the law and that is contrary to public interest. In such case if the good case is accepted to ensure public interest that is public interest litigation.

WRIT
The term writ means the declared rule or order of the court or other appropriate authority. In other words writ means a written document by which one is summoned or required to do or refrain from doing something. Literally a writ means a written order.
In fine, writ is a judicial process by which any one is summoned as an offender, a legal instrument to enforce obedience to the orders and sentences of the court (Whardon’s law lexicon, 1976, page 1078).


Historical development of writ: Historically writ originated and developed in the UK under British legal system, where 5 different writ namely, Habeas corpus, Mandamus, Prohibition, Certiorari and Quowarranto where in existence. Initially all writ, were call prerogative writs, since the king issued writs through the court of kings bench on the court of chancery. Only the king or queen as the fountain of justice could issue writ, and they where conceived as being intimately connected with the rights of the crown.
In Britain now there is only one independent writ and it is Hebeas corpus. Since in Britain, the administration of justice (Miscellaneous provision) Acts 1933 and 1938 where passed whereby Mandamus, Prohibition, Certiorari and Quewarranto where abolished as writ, of those Mandamus, Prohibition and Certiorari have been turned in to orders and Quewarranto in to injunction.
In British period the Supreme Court was 1st established in 1774 at Kolkata in pursuance of the Regulating Act 1773. This court was 1st empowered to issue prerogative writ. The Indian Constitution adopted in 1949 gave both this Supreme Court and High court powers to issue writ and specific names of all writs where in corporate in both Articles of 32 (for the Supreme Court) and 226 (for the High Court). Under the 1956 constitution of Pakistan both the Supreme Court and High Court where given power to issue writ and specific name of all writs where mention in both the Articles of 22 (for the Supreme Court) and Article 170 (for the High Court). But it was 1962 Constitution of Pakistan where from the 1st time a changed was introduced in writ matters. The Supreme Court was not given any original writ jurisdiction. Only the High Court were empowered under Article 98 to issue writ, but the particular names of specific writs where not used in the wording of the Article 98.
Following in the instance of the Pakistan 1962 Constitution, the Constitution makers of the our country of Bangladesh also did not mention the specific names of various writ in Article 102 of the Constitution, rather the contents of each of the writs have been kept in self contained provision.


Reasons for incorporating the name of various writs in Bangladesh: Since no specific reasons have been stated by the constitution makers but it is assumed that for the following reason the names of various writs have not been used in Article 102 of the Bangladesh Constitution.
(i)                  In the United Kingdom only the writ of Habeas corpus in now effective and for 4 other writs have been turned into order/injunction. This concept/ reality might have influenced the 1962 of Pakistan. Following such intense, Bangladesh Constitution also did not incorporate the name of various writs in Article 102.
(ii)                Specific name of various writs make them limited in their application. This is the most important reason behind the non-specification of names of various writs.

Writ order can be issued following grounds:-
(1)  For enforcement of fundamental rights;
(2)  Where there is no remedy in law;
(3)  Where there is no other equally efficacious remedy is provided by law.

Limitation of the writ powers of the High Court Division to issued writs:-
(a)   In case of Mandamus, Certiorari and prohibition the High Court Division has no authority to except any writ if filed by any person not aggrieved.
(b)  The High Court Division is not able to entertain any writ petition which is related to a law concerning defense services or any disciplined force or Administrative tribunal
(c)   Writ petition must be filed within a reasonable time, it not filed a reasonable time the High Court Division shall not allow the same.
(d)  The High Court Division is not entertain any writ petition of there is efficacious remedy provided by law on the writ matter.
(e)   The High Court Division is not competent to issue any order if same related to development work of the government without hearing of the government lawyer and attorney general.

********1st chief justice of writ: Justice Impey**********


Lecturer_ Hasan Talukder Sir