Issues with Police Human Rights

Issues with legal philosophy human RightsChapter one foundation and over st argon1.1 General access patrol chasten fields and honorablefulness explanation has been a crush of limited disport to the scholars of woeful justice, lying-in history and industrial relations crossways the mankind (Baker, 1999). When clement sets of constabulary atomic come in 18 prescribed and debated, the issue creates much joust and poses unvoiced reaction from the academician, kind-hearteds accountabilitylys experts, natural law of nature realizeling authority and charitablesity (Marks Fleming, 2006). practice of law ar usu every proceed(predicate)y perceived as allege agents that distribute the disport of the politics. They think that law be bound to respect military man mightys of the batch they swear out darn performing duties and functions specific alto chancehery during using draw and quarter, pick up and detention. The atoms of the jurisprudence supernumeraryity often margin call that they drop equal rights and fringe benefit mistakable to separate citizens in admittance to their duties and responsibilities. Appargonntly, there is a befool countercurrent mingled with two poles on the one take place apiece citizen or shepherds crook, whose rights must be respected and protected, and on the new(prenominal) hand the jurisprudence officers who lay down no rights, responsibility only. This partisan may officious some separate debate on whether the natural law officers have less or much rights and obligations then the rest of the citizens. But it is nitty-grittyly incorrect that practice session of law officers have obligations only but no rights. constabulary force ar too citizen empower to the similar rights, privileges and benefits of citizenship (Bruce Neild 2005). They ar in any case protected by the same valet rights standards (Feiner, 2009). If natural law atomic figure 18 expe cted to give state and man rights, they should non be denied basal parliamentary and primary election rights (Marks Fleming, 2006). The rights of law officers argon bound by regional, subject country, and worldwide regulatory frame pop offs (Marks and Fleming 2006). Sometimes their rights argon bring d k forthwithledge to much(prenominal) a get that they do non have m all another(prenominal) basic rights as a citizen in m any countries.In Bangladesh, the rights of law officers to a fault affectm to be ill-understood and neglected on some(prenominal) mental and state level. The pro pertinacioused debate of the constabulary officers for the realization of the rights is not well-documented either in the academic or popular literature. The alive literature, piece rights macrocosmations and the media speckle discussing rough democratic policing often refer to the constabulary accountability, civilianization of policing, policing outcomes and performance measurement, and companionship date and provideships but they hardly mention just about the benignant rights of the law of nature officers same(p) other citizens of the realm. As a result, the rights of patrol force officers atomic number 18 hooked to a wide seduce of encroachments in and distant the placement. The widespread entrancement of jurisprudence rights varies from stinting and affectionate rights to civil and political rights, from individual level to embodied level. This paper attempted to check into the economic and favorable rights violations of the legal philosophy officers by narrowing down its focus only on the defecateingss sur completeings they extend. The studies approached to examine the law puzzle out phenomena from mankind rights perspective where much than or less of the studies draw it from physiological, mental and organisational perspective.1.2 ObjectivesThe primary objective of this interrogation is to imbibe a real picture of clement rights situation of the crime fighters inside the organisation, to investigate its possible causes and impact on the natural law individual and fel downheartedship as a whole. The substitute aims embarrass directives for future question into patrol rights parley for academician, and to recommend ways to improve forgiving rights situation of the jurisprudence officers which dexterity help strengthen ongoing legal philosophy force Reform curriculum in Bangladesh. I firmly believe that the outcome of the research shtup throw to the policy make outrs of the government activity and non-government organizations in resolving the human rights shames in and outside the constabulary organization.1.3 Research Question The following questions have been theorize in baseball club to meet the research objectiveswhich of the economic and cordial rights of the law of nature particles in Bangladesh come under violation?What are the accompanimentors int imationing to the violation of the economic and favorable rights of practice of law fractions?What are the possible consequences ofthe violation on victims lifeandon lodge at large?1.4 Background to the carry1.4.1 in the flesh(predicate)ised penuryHaving both the human rights and guard stage decorateting, I perceived I would be the right person that would be able to precisely elucidate the complexness and trace of human rights situation of the law workplace in Bangladesh. constabulary in Bangladesh are oft accused of human rights abuse by the matter and worldwide human rights organizations (see Amnesty supranational, 2000, Odhikar, 2009). A design of studies chiffonier be done to answer why do guard break down human rights. But being an insider, I understand well where the accent in the midst of policing and human rights and between the ethics and the practice of policing lies. Nearly vanadium geezerhood field level experience with the organization as a mi d-level law supervisor has weakenn me an impression that the boilers suit environment where they operate is not congenial to human rights promoterly atmosphere both for the superior general people and the jurisprudence constituents. A big share or ploughshare to the ill environment is made by the tenseful job itself and diametrical kinds of organisational factors. The factors outside the organizations besides have a signifi substructuret berth in creating human rights unfriendly environment. Some of the abuses by the law of nature are pickings place for personal gain of the individual police members whereas whatsoever are the result of imposed burden which they are unable to resist. choice constraints and module shortage that put physical, psychological and organization pressure often obligate them to exhibit deviance behavior. In addition, deprivation of several basic rights as a consequence of vile workings conditions and low earnings creates qabalistic frus t balancen and depression among them resulting in strong job dissatisfaction. When all these intimate factors combine with other factors, it is very bidly that the police officers visual aspect up with extreme police deviance behavior having serious impacts on human rights. Unfortunately, no shed of light fell on the ticklish and short(p) working conditions of the police in Bangladesh so far. It is to a fault harder for them to conference to the media, and claim their rights in the same way as the workers in the cloak-and-dagger celestial sphere do with demonst symmetryn or strike. As a result, their inhuman sufferings remain beyond the reach of media, human rights activists and general public. In 2005, government introduced police reform programmes assisted by UNDP, DFID and other international donors. The local composition being influenced by the programme, sometimes published reports on the organisational problem of the police discretely. However, I did not find any systematic academic researches that have been carried out on the economic and hearty rights of the Bangladesh police in relation to their workplace.1.4.2 Relevance in historyThe police struggle for their rights crossways the globe has been long and old. While police officers in Bangladesh are barred from being measure up as worker in the delve law, the police in Australia, europium, North America and upstart Zealand are at a time fully entitled to have equal citizenship rights including economic and kind rights (Finnane, 2001). In Europe, British law stood up to establish their industrial and fond rights finished police strikes in London and Liverpool in 1918-9 and succeeded to ensure their industrial and fond rights many an(prenominal) an(prenominal) decades ago. Following the British model, the adventurous police softwoods inwardnesss activities in New Zealand constrained the government to mandate police sum totals and associations during 1919 ( Finnane 2001). T here are withal a effect of instances of force revolt in the history of Bangladesh such(prenominal)(prenominal) as BDR mutiny in 2009. In 1993, subjugate police officers of capital of Bangladesh Metropoliton police at the Rajarbagh natural law Lines in Dhaka provoke demanding conk out working conditions and increased take off (ICG, 2009). Fortunately, it ended up without any bloodshed and increased salaries but many officers got sacked. In 2009, the paramilitary force Bangladesh Rifles which is likewise set by the same ministry, led a murderous become in response to poor working conditionss and low pay leave more than than 75 people dead (ICG 2009).1.4.3 Rationale of the watch ack like a shotledgement of all the human rights including civil, political, economic, cordial and cultural rights is nearly unacceptable without affable order (Crashaw 2002). Article 28 of the everyday closure of human beings Rights changes everyone to be entitled to the right to well- disposed and international order. It is the police force whose thoroughgoing function is to maintain hearty order by guardianship criminality and social tension or civil unrest at tolerant level by effective policing. The dream of complete policing delimit as effective, lawful and humane-would remain a dream only until and unless the police agencies are well managed and well imaginativenessd by the respective governments. Only through the announcement of police code of conduct and ethics, human rights preparedness, monitoring and backsliding weapon allow for help a little to improve the boilers suit human rights records and performance of the police unless their basic rights remain unhearable, unmet and fulfilled. for bad rights of more than one hundred fifty one thousand thousand people of Bangladesh depart alike be at danger if police with its limited re bugs and poor working conditionss fails to maintain social order and stability.1.4.4 Overview of the contemp lateThe real working experiences of one and a half(a) 12 of police officers are explored and analyzed using data obtained from their narratives colloquial interviews. With direct reference to the existing available literature, it is attempted to demonstrate that the police members in Bangladesh have also been eccentric to the violation of economic and social rights in the workplace. But the human rights advocates ignore the fold up connection between cozy and external violation i.e. human rights violation of the police and human rights abuse by the police. As a result, it has been a common practice among the human rights organizations, media and academician to criticize the police-subculture, rottenness and lack of human rights training prudent for human rights violation by them. The sufferings and miseries of the police hardly managed to draw concern of the human rights organizations or the academician. The human rights organizations usually end up their duties by suggesti ng human rights training and monitoring mechanism to stop human rights abuses and ball upion of the police. Despite the necessity of the human rights training and oversight mechanism, all these efforts may be proved meaningless for them if they do not see the finishing of those human rights in their practical lives.1.4.5 Overview of the thesis The thesis will be presented in six chaptersChapter One This chapter presents the background describing my personal view and motivations including primary and secondary objectives.Chapter Two This chapter briefly describes the study universe and the subject arena including statistical numbers, facts and figures.Chapter Three This chapter gives a theoretical and creationual background of the emergence establish on existing literature and other secondary source of data.Chapter four This chapter of methodology and method gives a full exposition of government agency player selection, interview process, ethical issues and the challenges to recruitment.Chapter Five This chapter explains how data is examined and analyzed to sprout the themes evince by the participants.Chapter Six In this chapter, Findings are discussed and reviewed with the objectives. This chapter also discusses the implications and limitations of the thesis.1.4.6 finishThis chapter gives an overall idea on the topic and describes the genesis of the research topic. Personal motivation for underpickings this project and the relevance of the research has also been discussed. It also gives an overview of the research and the chapter outlines. The following chapter discusses about the population under study and the subject realm highlighting dissimilar aspects of the organization.Chapter two Demographical and organizational context of the research2.1 The study populationBangladesh law of nature is a national organization with headquarter based in Dhaka. It is answerable to the acting government which controls and oversees the organization under the a dministrative control by the Ministry of Home Affairs (MoHA). The organization consists of a number of branches and units that chiefly include Range and Metropolitan police, traffic, an armed police battalion(APBN), a criminal investigation section (CID), special branch (SB), Rapid challenge hoi polloi (RAB), and training institutions (Shahjahan, 2000). The Range and Metropolitan police are over again subdivided into districts, circles, police stations and outposts (Shahjahan 2000, ICG 2009). Bangladesh has a total of 123197 police officers for its over 153 million population (ICG 2009). It means there is only one police officer for more than 1,200 people in Bangladesh. This ratio is probably the lowest ratio among the other reciprocal ohm Asian nations, and nearly three times lour than the recommended ratio of 1450 by the UN (ICG 2009, Appendix C). In some areas for example in Sylhet and Coxbazar district of the rural the ratios are 13500 and 1 2000 severally (ICG 2009).Th e total force with eighteen ranks merchant ship be categorized into gazetted (ASP to IGP) and non-gazetted ranks (Constable to Inspector) which is virtually equivalent to commissioned and non-commissioned officers in the military. Subordinate officers with numbers 121,659 have overwhelming major(ip)ity over the gazetted officers numbering 1538 only (ICG 2009 8). The Inspector General of constabulary (IGP), alternate Inspector General (DIG), sponsor Inspector Generals(AIG) or superintendents of police (SP) and Assistant Superintendent of natural law constitute the four gazetted ranks while footslogger ranks include the positions of inspector, sub-inspector, sergeant, and assistant sub-inspector, head constables both armed and unarmed, naiks and constables (ICG 200930). Out of 121659 subordinate officers, constables are deal forces having a figure near 88,000. The total number of women police is also very low standing at 1,937 i.e. roughly 1.5 percentage in compared to tha t of other low income countries having 8.5 per cent policewomen (ICG 2009 9).2.2 The subject areaIn novel years, both the print and electronic media of the country also revealed many facts and figures about the working conditions of the police in Bangladesh. Karzon (2006) in a composition article utter that the police in Bangladesh are confronted with many kinds of problem that ranges from weak infrastructure to poor working conditions.Although Bangladesh got independence in 1947 from British rule and got separated from Pakistan in 1971, it has failed to rebuild its police force. The country inactive retains a colonial system of policing with little flip-flop that it communicable from its colonial master ( Karzon, 2006 ). The subsequent governments kept century-old police laws such as the practice of law Act of 1861 the Evidence Act of 1872 the Criminal Procedure decree of Police of 1898 and Police Regulation of Bengal of 1943 that were primarily devised to deter anti-Britis h movements (Shahjahan, 2000 Karzon, 2006). Many comestible of the out-of-date laws have flaws and gaps that are in unvarying with the human rights spirits, rule of law and modern-day democracy (Karzon, 2006 ICG 2009).Police in Bangladesh particularly the subordinate ranks tame a very difficult and unrewarding life because of deplorable working conditions, immeasurable salaries, excessive workload, corrupt and politicized transfer and promotion system (ICG 2009 ). In price of wage, the top- most(prenominal) police boss draws a monthly salary of Taka 23 000 ($333) while the lowest salary of the organization amounts to Taka 3000 which is just $1.30 a mean solar day which is nearly equal to the international poverty line of $1.25 per day (see accompaniment B). The working hours of the police members are almost double than that of other government employees (Karzon, 2006). It is also reported that they do not have adequate logistic give birth such as vehicles, prison vans, r adios, fuel for vehicles, bicycles, modern weapons and pull down stationery to write reports (Karzon, 2006 ICG, 2009). Vacation, public holidays, annual and other leaves are elevated and unheard and all these problems remain a great source of thwarting and low morale for the officers (ICG, 2009). The annual budget of $420-million in addition to the resource constrains and round shortage is simply unable to meet the organizational needs. In a report, another national day-after-day revealed that 99 percent of the policemen blamed the poor working conditions and lack of logistic support as major factors that disallow them from performing their duties (The chance(a) Star, 2007). It commented that the police members in Bangladesh will encompass to lead in human life until and unless salaries are increased, daily work hours are reduced to an acceptable level and all operational cost are met by the government. Referring to Paolo del Mistro, a Police specialist of the UNDP, a news paper stated, the police in Bangladesh are hint unsatisfactory life and they do not enjoy their policing job as it often destroys their self-respect. Moreover, they are not well-equipped (cited in Azad, 2007). He blamed the system not the police department for the racy working and living conditions. A civil society member in a seminar also filter outed the need for increase the salary and allowances for the police so that the police members transpose their mindset (The Independent, Bangladesh, 2008). In a round table discussion, another civil society member of the country went farther and suggested that police officers with low salaries should be allowed to do other jobs so that they bath compensate for the poor pay. He asseverate, They can not do that as long as their time of duty is not distinct (The Daily Star, August 12, 2007).The police in Bangladesh have a problematical disposition for their alleged involvement with corruption and brutality (ICG, 2009). According to transparency internationalistic Bangladesh report, 96.6 per cent of Bangladeshs households experienced some form of corruption that came crossways with law enforcement agencies (TIB, 2007). Police organization in Bangladesh had been identified as the most corrupt performance among all the government agency (karzon, 2006). A leading national daily of the country in its editorial wrote that the poor working conditions deflect police to become servant of the people (The daily prothom alo, 2007). It recommended increasing the number of police personnel, vehicle and remuneration of police in addition to ameliorate the poor working condition.Chapter three Literature Review3.1 IntroductionThis chapter reviews the existing literature and other secondary sources of data that are cogitate to the economic and social rights of police. The complex nature of the issue has been organized into motley sections giving different aspects including the causes and consequences if remain unrealized .3.2 Economic and social rights of policeThe concept of human rights of police does not imply a new mind or idea. Rather these are the same rights and benefits to which every citizen is entitled. Referring to police rights, Bruce and Neild asserted the facts that police are citizens, means they are entitled to the rights, privileges and benefits of citizenship (200541). Therefore human rights of police include all the civil, political, economic, social and cultural rights (Feiner, 2009 Aitchison, 2004). The rights of police officers are also protected by the same human rights standards enshrined in the Universal Declaration of Human Rights as well as in the various regional and international human rights charters such as International stipulation on Economic, kind Cultural rights, and European convention on Human Rights ( linked Nations 1948 coupled Nations 1976 ECHR 1950). The economic and social rights of police are also light stated and standardized in the European Social train 1961 and the European economy of Police Ethics 2001 (ESC 1961 ECPE 2001). Both the charter provides a set of standards for police officers including reasonable working hours, rest periods and paid holidays, remuneration enabling them to have a mighty standard of living, increased overtime payment, health and recourse regulations in the workplace and a system of social credential considering their special nature and character of work. Article 11 of the European Convention on Human Rights and article 6 of the European Social Charter 1961 credit the right of the police members to form and join good deal due norths.International drudge make-up as a specialized international agency of the United Nations set some international cut into standards and fundamental rights at work in its various conventions (ILO 1998). It sets standards determining hours of work, shift work, holidays, vacations, wages, social protective covering and policy, accommodation, backup spousal relationship, corporal negociate, rest and leisure for the workers to farm strong social policies, justice and democratic institutions. The benefits of the work standards set by ILO are evenly relevant to the members of police in their work place. But it is important to make clear that the police officers can claim the rights against the state not other citizens. The hardship of the state to protect the rights does not give legitimacy to police to fall back to violations of human rights of general people or citizens.Police like other employees of the state are the public servants that serve state enkindle. As an employee or worker, the human rights of a police officer mainly roam around the economic and social rights that mainly fall into the following categories drive rights and the right to adequate standard of living, right to food, right to health, right to living accommodations and right to education (Nel Bezuidenbout, 199797). The bulk labour rights include the rig ht to duty union, right to organized and collective bargaining, right to rest and leisure, right to no forced labour, right to work and equal pay for equal work. Bruce and Neild also argued that rudimentary to recognizing police as citizens revolve around their right to decent conditions of improvement, the right to form employee representative organizations, and the right to engage in collective bargaining (200543).3.2.1 Democratic policing versus economic and social rights of policeThere is a close link between organizational police democracy and societal democracy where citizens are able to participate in decision-making processes and where basic human rights are protected (Marks Fleming, 2006179). It means police are likely to oppose more democratically and humanly if they also experience the benefits of democratic labor and social rights in their organizational set up (Berkley 1969, 46-51). Hence the right of police officers to engage in direct and indirect forms of democr atic participation is significant to rights based awareness. Police rights movement through democratic police union is also consistent with the advancement of democracy and good face (Finnane, 2002 Prasad Snel, 2004). Police rights movement is now viewed as a countervailing force and beam agendas for social modification directed to establish racial justice, gender equality, and urban change (Berkley, 1969 Johnston, 2000 Robinson, 2000 Sklansky, 2005b OMalley Hutchinson, 2005). Police union can be seen as a bulk force for them because through the exercise of this right they might get the mention of other economic and social rights in the workplace. In addition, police democracy brings not only the democratic benefit for them, sooner through democratic police rights movement through police union can serve as a necessary internal check against bureaucratic trespass at bottom the organization (Gammage Stanley, 1972 Fleming Lewis, 200292). Despite all the benefits and importan ce of police trade union as core labor rights of ILO, it creates more literary argument and brings condemnation from academics, police managers and public than any other labour union. Police organization that allows police union is branded as obdurate organization by the police scholars as the union engages only on their own vested interests such as workplace improvement and post enhancement rather than social justice features (Fogelson, 1977 OMalley, 2005b Reiner, 1978). The critics argued that this narrowness or bureaucratic conservatism of police union may thwart democratic aspirations within trade union structures (Hyman, 2000 Prasad et al 2004 Burgmann Burgmann, 199863).3.2.2 Positive development towards police rightsA significant change is occurring in the police organizations crosswise the world through the privatization, civilianization, and responsibilization of policing (Marks Fleming, 2006 193). International trade union movement Organization recognizes all the empl oyment rights of the police officers except few restrictions for the hand brake dish outs (ILO 2004). But in a recent move, the ILO develops codes of practice to promote social dialogue within the public profit including hand brake service too. In a joint meeting on public emergency service (such as police) in 2003, The ILO adopted a document Guidelines on Social Dialogue for Public Emergency Services in a changing Environment to promote fundamental labor rights such as the right to form and join trade union, and collective bargaining. Thus these guidelines of ILO give an denotation to its member states to allow the police to unionize and to bargain (ILO 2003a). The international lucre of police unions has also been attempted to persuade the ILO to review its conventions (Mark Fleming, 2006). They quoted Shizue Tomoda, an ILO good specialist, as saying, As long as a large number of member states feel that it is proper for police labor rights to be regulated by national laws , the ILO Secretariat can do little to change the status quo.(p.189). In parallel with ILO prescription, many nations have promulgated special legislations that enable police officers to be entitled to all the citizenship rights including police union for instance, Police Officers Bill of Rights of USA the European Social Charter and European edict of Police Ethics in Europe.The modern policing are now touch on the principle of more democracy, more accountability, more equitability, and more businessalism. Police organization within public empyrean is now delineate as growing labor-intensive industry that enables police to be qualified as worker having all the labour rights (Mark Fleming, 2006). Hence, being a member of a labor-intensive industry, they are also equally concerned about the working conditionss and wages (Wellington Winter, 1969 Reiner, 1978).The current global socio-economic climate leads police unions and public sector unions to work more closely with the labo ur movement in name of their rights to collective bargaining (Reiner, 1978). EUROCOP, an association of twenty-seven member police organizations across Europe, is also promoting fairness and equal opportunities in the police service of its member organizations (Marks Fleming 2006). Berkley (196946-51) also mentioned about the highly developed police unions across the Europe such as in Germany, France, Sweden, and the United Kingdom. Griffin (2001), knob decision maker officer of the Canadian Professional Police necktie illustrious that the police representatives in Canada are now a part of commodious labor union soundbox (Fleming Lewis, 2002). In the United States, Police unions go beyond the narrow interest of the police members promoting the public interests agenda consistent with club preferences in partnership with other police union partner (Magenau Hunt, 1996). The police federation of Australia is also machine-accessible and aligned with the national trade union f ederation (Marks Fleming, 2006). Some unions of Australia (for example, the Northern Territory Police Association NTPA) are now playing a very significant and interchange role to solve the resource problem of the aboriginal territory. In siemens Africa, the Police and Prisons Civil Rights Union (POPCRU) established in 1989 is also affiliated to the continuous tense trade union federation committed to democratic governance. They defend the socio-economic interests of the communities which is now well-recognized by the international human rights organizations (Marks Fleming, 2004). Police in Lesotho, Zambia, and Botswana who were denied the police rights, called upon the South African police union, POPCRU, to assist them in convincing police administration and managers about the benefits of police unionization (Hopkins, 2004).3.3 Theoretical framework3.3.1 occupational police stressA number of books, reviews of literature and public seminars on the study of the stressful nature of work indicate the growing interest in the field over the past 45 years across the world including America, Britain, Australia and New Zealand (Hurrell, Nelson, Simmons , Buunk de Wolff, 1992 Fried, 1993 Huddleston, 2002). One of the main reasons behind the interest is work-related stress causes spacious human and monetary cost (Schuler Van Sell, 1981 Cooper Marshall, 1976 Levi, 1981 Moss, 1981 cited in Parker DeCotiis, 1983). The recent years have also witnessed a sizeable body of literature that examines police stress from a variety of perspective (Webb Smith, 1980251). This study will look into the police stress from human rights approach taking its physiological, psychological and organizational consequences into account. Even though a certain levels of stress are found in almost all occupations, police work has long been termed as a high stress, high strain and tiny profession (Anshel, 2000, dark-brown Campbell, 1994 Horn, 1991 Kroes, 1976 Kroes Hurrell, 1975 Raise r, 1974 Reilly DiAngelo, 1990 Violanti Marshall, 1983, Paton 1996a). They are usually the first to reach and the last to leave the scenes of murder, suicides or accidents. One police psychologist stated It is an accepted fact that a police officer is under stress and pressure unequaled by any other profession (cited in Webb Smith 1980255). They are frequently confronted with very sad and violent categories of incidents (Carlier, 1999, Carlier Gersons, 1992) and hidden victims of work-related psychological impairment (Paton, 1989, 1994b). apart(predicate) from the aforementioned intrinsic job stress, the police stressors may range from faultfinding cater shortage to interaction in and outside the organization. Police stressors within the organization may be characterized as excessive workload, staff shortage, work interfering with family, poor or inadequate equipment or resources, eyesight criminals go free and inadequate pay, uncivil interaction with co-workers and administ rative hassles (Collins Gibbs, 2003 Davey, Obst, Sheehan, 2001 Morash, Haarr, Kwak, 2006 Pasillas, Follette, Perumean-Chaney, 2006, Huddleston 2002). inexorable organizational structure, shift work, excessive overtime, lack of opportunities for the advancement, workplace discrimination or harassment, administrative pressure to solve the problem, and conflicts over role and responsibility, job transfer, daily hassles, work-related disasters can also cause serious police stress (Collins Gibbs, 2003 Brown Campbell 1994 Sewell 1993 Pratt Barling, 1988). A police officer without the support of his or her family or friend and personal skills is more vulnerable to police stressors (Dewe Guest, 1990 Latach Havlovic, 1992 ThoIssues with Police Human RightsIssues with Police Human RightsChapter one Introduction and overview1.1 General IntroductionPolice rights and police history has been a subject of limited interest to the scholars of criminal justice, labor history and industrial relations across the world (Baker, 1999). When human rights of police are prescribed and debated, the issue creates much controversy and draws strong reaction from the academician, human rights experts, police controlling authority and public (Marks Fleming, 2006). Police are usually perceived as state agents that serve the interest of the government. They think that police are bound to respect human rights of the population they serve while performing duties and functions specifically during using force, arresting and detention. The members of the police force often claim that they have equal rights and privilege similar to other citizens in addition to their duties and responsibilities. Apparently, there is a clear split between two poles on the one hand each citizen or criminal, whose rights must be respected and protected, and on the other hand the police officers who have no rights, responsibility only. This partisan may prompt another debate on whether the police officers ha ve less or more rights and obligations then the rest of the citizens. But it is totally incorrect that police officers have obligations only but no rights. Police are also citizen entitled to the same rights, privileges and benefits of citizenship (Bruce Neild 2005). They are also protected by the same human rights standards (Feiner, 2009). If police are expected to defend democracy and human rights, they should not be denied basic democratic and basic rights (Marks Fleming, 2006). The rights of police officers are constrained by regional, national, and international regulatory frameworks (Marks and Fleming 2006). Sometimes their rights are reduced to such a level that they do not have many basic rights as a citizen in many countries.In Bangladesh, the rights of police officers also seem to be ill-understood and neglected on both intellectual and state level. The prolonged struggle of the police officers for the realization of the rights is not well-documented either in the academ ic or popular literature. The existing literature, human rights publications and the media while discussing about democratic policing often refer to the police accountability, civilianization of policing, policing outcomes and performance measurement, and community participation and partnerships but they hardly mention about the human rights of the police officers like other citizens of the country. As a result, the rights of police officers are subject to a wide range of violations in and outside the organization. The widespread violation of police rights varies from economic and social rights to civil and political rights, from individual level to collective level. This study attempted to investigate the economic and social rights violations of the police officers by narrowing down its focus only on the working environment they operate. The studies approached to examine the police work phenomena from human rights perspective where most of the studies described it from physiologica l, psychological and organizational perspective.1.2 ObjectivesThe primary objective of this research is to depict a real picture of human rights situation of the crime fighters within the organization, to investigate its possible causes and impact on the police individual and society as a whole. The secondary aims include directives for future research into police rights discourse for academician, and to recommend ways to improve human rights situation of the police officers which might help strengthen ongoing Police Reform Program in Bangladesh. I firmly believe that the outcome of the research can contribute to the policy makers of the government and non-government organizations in resolving the human rights abuses in and outside the police organization.1.3 Research Question The following questions have been formulated in order to meet the research objectiveswhich of the economic and social rights of the police members in Bangladesh come under violation?What are the factors leadin g to the violation of the economic and social rights of police members?What are the possible consequences ofthe violation on victims lifeandon society at large?1.4 Background to the study1.4.1 Personal MotivationHaving both the human rights and police background, I perceived I would be the right person that would be able to precisely elucidate the complexity and peculiarity of human rights situation of the police workplace in Bangladesh. Police in Bangladesh are frequently accused of human rights abuse by the national and international human rights organizations (see Amnesty International, 2000, Odhikar, 2009). A number of studies can be done to answer why do police violate human rights. But being an insider, I understand well where the tension between policing and human rights and between the ethics and the practice of policing lies. Nearly five years field level experience with the organization as a mid-level police supervisor has given me an impression that the overall environmen t where they operate is not congenial to human rights friendly atmosphere both for the general people and the police members. A big share or contribution to the adverse environment is made by the stressful job itself and different kinds of organizational factors. The factors outside the organizations also have a significant role in creating human rights unfriendly environment. Some of the abuses by the police are taking place for personal gain of the individual police members whereas some are the result of imposed burden which they are unable to resist. Resource constraints and staff shortage that put physical, psychological and organization pressure often compel them to exhibit deviance behavior. In addition, deprivation of several basic rights as a consequence of poor working conditions and low wages creates deep frustration and depression among them resulting in strong job dissatisfaction. When all these internal factors combine with other factors, it is very likely that the poli ce officers show up with extreme police deviance behavior having serious impacts on human rights. Unfortunately, no shed of light fell on the fragile and poor working conditions of the police in Bangladesh so far. It is also harder for them to talk to the media, and claim their rights in the same way as the workers in the private sector do through demonstration or strike. As a result, their inhumane sufferings remain beyond the reach of media, human rights activists and general public. In 2005, government introduced police reform programmes assisted by UNDP, DFID and other international donors. The local newspaper being influenced by the programme, sometimes published reports on the organizational problem of the police discretely. However, I did not find any systematic academic researches that have been carried out on the economic and social rights of the Bangladesh police in relation to their workplace.1.4.2 Relevance in historyThe police struggle for their rights across the globe has been long and old. While police officers in Bangladesh are barred from being qualified as worker in the labor law, the police in Australia, Europe, North America and New Zealand are now fully entitled to have equal citizenship rights including economic and social rights (Finnane, 2001). In Europe, British Police stood up to establish their industrial and social rights through police strikes in London and Liverpool in 1918-9 and succeeded to ensure their industrial and social rights many decades ago. Following the British example, the adventurous police unions activities in New Zealand forced the government to mandate police unions and associations during 1919 ( Finnane 2001). There are also a number of instances of force revolt in the history of Bangladesh such as BDR mutiny in 2009. In 1993, subordinate police officers of Dhaka Metropoliton police at the Rajarbagh Police Lines in Dhaka agitated demanding better working conditions and increased pay (ICG, 2009). Fortunately, it e nded up without any bloodshed and increased salaries but many officers got sacked. In 2009, the paramilitary force Bangladesh Rifles which is also regulated by the same ministry, led a murderous uprising in response to poor working conditionss and low pay leaving more than 75 people dead (ICG 2009).1.4.3 Rationale of the studyRealization of all the human rights including civil, political, economic, social and cultural rights is nearly impossible without social order (Crashaw 2002). Article 28 of the Universal Declaration of Human Rights enables everyone to be entitled to the right to social and international order. It is the police force whose fundamental function is to maintain social order by keeping criminality and social tension or civil unrest at tolerable level through effective policing. The dream of complete policing defined as effective, lawful and humane-would remain a dream only until and unless the police agencies are well managed and well resourced by the respective gov ernments. Only through the promulgation of police code of conduct and ethics, human rights training, monitoring and oversight mechanism will help a little to improve the overall human rights records and performance of the police unless their basic rights remain unheard, unmet and fulfilled. Human rights of more than 150 million people of Bangladesh will also be at risk if police with its limited resources and poor working conditionss fails to maintain social order and stability.1.4.4 Overview of the studyThe real working experiences of one and a half dozen of police officers are explored and analyzed using data obtained from their narratives conversational interviews. With direct reference to the existing available literature, it is attempted to demonstrate that the police members in Bangladesh have also been subject to the violation of economic and social rights in the workplace. But the human rights advocates ignore the close connection between internal and external violation i.e. human rights violation of the police and human rights abuse by the police. As a result, it has been a common practice among the human rights organizations, media and academician to criticize the police-subculture, corruption and lack of human rights training responsible for human rights violation by them. The sufferings and miseries of the police hardly managed to draw attention of the human rights organizations or the academician. The human rights organizations usually end up their duties by suggesting human rights training and monitoring mechanism to stop human rights abuses and corruption of the police. Despite the necessity of the human rights training and oversight mechanism, all these efforts may be proved meaningless for them if they do not see the application of those human rights in their practical lives.1.4.5 Overview of the thesis The thesis will be presented in six chaptersChapter One This chapter presents the background describing my personal view and motivations inclu ding primary and secondary objectives.Chapter Two This chapter briefly describes the study population and the subject area including statistical numbers, facts and figures.Chapter Three This chapter gives a theoretical and conceptual background of the topic based on existing literature and other secondary source of data.Chapter four This chapter of methodology and method gives a full description of participant selection, interview process, ethical issues and the challenges to recruitment.Chapter Five This chapter explains how data is examined and analyzed to develop the themes expressed by the participants.Chapter Six In this chapter, Findings are discussed and reviewed with the objectives. This chapter also discusses the implications and limitations of the thesis.1.4.6 ConclusionThis chapter gives an overall idea on the topic and describes the genesis of the research topic. Personal motivation for undertaking this project and the relevance of the research has also been discussed. I t also gives an overview of the research and the chapter outlines. The following chapter discusses about the population under study and the subject area highlighting various aspects of the organization.Chapter two Demographical and organizational context of the research2.1 The study populationBangladesh Police is a national organization with headquarter based in Dhaka. It is answerable to the acting government which controls and oversees the organization under the administrative control by the Ministry of Home Affairs (MoHA). The organization consists of a number of branches and units that mainly include Range and Metropolitan police, traffic, an armed police battalion(APBN), a criminal investigation department (CID), special branch (SB), Rapid Action Battalion (RAB), and training institutions (Shahjahan, 2000). The Range and Metropolitan police are again subdivided into districts, circles, police stations and outposts (Shahjahan 2000, ICG 2009). Bangladesh has a total of 123197 pol ice officers for its over 153 million population (ICG 2009). It means there is only one police officer for more than 1,200 people in Bangladesh. This ratio is probably the lowest ratio among the other South Asian nations, and nearly three times lower than the recommended ratio of 1450 by the UN (ICG 2009, Appendix C). In some areas for example in Sylhet and Coxbazar district of the country the ratios are 13500 and 1 2000 respectively (ICG 2009).The total force with eighteen ranks can be categorized into gazetted (ASP to IGP) and non-gazetted ranks (Constable to Inspector) which is roughly analogous to commissioned and non-commissioned officers in the military. Subordinate officers with numbers 121,659 have overwhelming majority over the gazetted officers numbering 1538 only (ICG 2009 8). The Inspector General of Police (IGP), Deputy Inspector General (DIG), Assistant Inspector Generals(AIG) or superintendents of police (SP) and Assistant Superintendent of Police constitute the four gazetted ranks while subordinate ranks include the positions of inspector, sub-inspector, sergeant, and assistant sub-inspector, head constables both armed and unarmed, naiks and constables (ICG 200930). Out of 121659 subordinate officers, constables are bulk forces having a figure roughly 88,000. The total number of women police is also very low standing at 1,937 i.e. roughly 1.5 percent in compared to that of other low income countries having 8.5 per cent policewomen (ICG 2009 9).2.2 The subject areaIn recent years, both the print and electronic media of the country also revealed many facts and figures about the working conditions of the police in Bangladesh. Karzon (2006) in a newspaper article stated that the police in Bangladesh are confronted with many kinds of problem that ranges from weak infrastructure to poor working conditions.Although Bangladesh got independence in 1947 from British rule and got separated from Pakistan in 1971, it has failed to rebuild its police force. The country still retains a colonial system of policing with little change that it inherited from its colonial master ( Karzon, 2006 ). The subsequent governments kept century-old police laws such as the Police Act of 1861 the Evidence Act of 1872 the Criminal Procedure Code of Police of 1898 and Police Regulation of Bengal of 1943 that were primarily devised to deter anti-British movements (Shahjahan, 2000 Karzon, 2006). Many provisions of the outdated laws have flaws and gaps that are inconsistent with the human rights spirits, rule of law and modern democracy (Karzon, 2006 ICG 2009).Police in Bangladesh particularly the subordinate ranks lead a very difficult and unrewarding life because of deplorable working conditions, abysmal salaries, excessive workload, corrupt and politicized transfer and promotion system (ICG 2009 ). In terms of salary, the top-most police boss draws a monthly salary of Taka 23 000 ($333) while the lowest salary of the organization amounts to Taka 3000 wh ich is just $1.30 a day which is approximately equal to the international poverty line of $1.25 per day (see appendix B). The working hours of the police members are almost double than that of other government employees (Karzon, 2006). It is also reported that they do not have adequate logistic support such as vehicles, prison vans, radios, fuel for vehicles, bicycles, modern weapons and even stationery to write reports (Karzon, 2006 ICG, 2009). Vacation, public holidays, annual and other leaves are rare and unheard and all these problems remain a great source of frustration and low morale for the officers (ICG, 2009). The annual budget of $420-million in addition to the resource constrains and staff shortage is simply unable to meet the organizational needs. In a report, another national daily revealed that 99 percent of the policemen blame the poor working conditions and lack of logistic support as major factors that prevent them from performing their duties (The Daily Star, 2007) . It commented that the police members in Bangladesh will continue to lead in human life until and unless salaries are increased, daily work hours are reduced to an acceptable level and all operational costs are met by the government. Referring to Paolo del Mistro, a Police specialist of the UNDP, a newspaper stated, the police in Bangladesh are leading unsatisfactory life and they do not enjoy their policing job as it often destroys their self-respect. Moreover, they are not well-equipped (cited in Azad, 2007). He blamed the system not the police department for the grim working and living conditions. A civil society member in a seminar also stressed the need for increasing the salary and allowances for the police so that the police members change their mindset (The Independent, Bangladesh, 2008). In a round table discussion, another civil society member of the country went further and suggested that police officers with low salaries should be allowed to do other jobs so that they c an compensate for the poor pay. He asserted, They can not do that as long as their time of duty is not definite (The Daily Star, August 12, 2007).The police in Bangladesh have a bad reputation for their alleged involvement with corruption and brutality (ICG, 2009). According to Transparency International Bangladesh report, 96.6 per cent of Bangladeshs households experienced some form of corruption that came across with law enforcement agencies (TIB, 2007). Police organization in Bangladesh had been identified as the most corrupt agency among all the government agency (karzon, 2006). A leading national daily of the country in its editorial wrote that the poor working conditions obstruct police to become servant of the people (The daily prothom alo, 2007). It recommended increasing the number of police personnel, vehicle and remuneration of police in addition to improving the poor working condition.Chapter three Literature Review3.1 IntroductionThis chapter reviews the existing litera ture and other secondary sources of data that are related to the economic and social rights of police. The complex nature of the issue has been organized into various sections giving different aspects including the causes and consequences if remain unrealized.3.2 Economic and social rights of policeThe concept of human rights of police does not imply a new thought or idea. Rather these are the same rights and benefits to which every citizen is entitled. Referring to police rights, Bruce and Neild asserted the facts that police are citizens, means they are entitled to the rights, privileges and benefits of citizenship (200541). Therefore human rights of police include all the civil, political, economic, social and cultural rights (Feiner, 2009 Aitchison, 2004). The rights of police officers are also protected by the same human rights standards enshrined in the Universal Declaration of Human Rights as well as in the various regional and international human rights charters such as Inte rnational Covenant on Economic, Social Cultural rights, and European Convention on Human Rights (United Nations 1948 United Nations 1976 ECHR 1950). The economic and social rights of police are also clearly stated and standardized in the European Social Charter 1961 and the European Code of Police Ethics 2001 (ESC 1961 ECPE 2001). Both the charter provides a set of standards for police officers including reasonable working hours, rest periods and paid holidays, remuneration enabling them to have a decent standard of living, increased overtime payment, health and safety regulations in the workplace and a system of social security considering their special nature and character of work. Article 11 of the European Convention on Human Rights and article 6 of the European Social Charter 1961 recognize the right of the police members to form and join trade unions.International Labour Organization as a specialized international agency of the United Nations set some international labor stan dards and fundamental rights at work in its various conventions (ILO 1998). It sets standards determining hours of work, shift work, holidays, vacations, wages, social security and policy, accommodation, trade union, collective bargaining, rest and leisure for the workers to promote strong social policies, justice and democratic institutions. The benefits of the work standards set by ILO are equally applicable to the members of police in their work place. But it is important to make clear that the police officers can claim the rights against the state not other citizens. The failure of the state to protect the rights does not give legitimacy to police to resort to violations of human rights of general people or citizens.Police like other employees of the state are the public servants that serve state interest. As an employee or worker, the human rights of a police officer mainly revolve around the economic and social rights that mainly fall into the following categories labour right s and the right to adequate standard of living, right to food, right to health, right to housing and right to education (Nel Bezuidenbout, 199797). The bulk labour rights include the right to trade union, right to organized and collective bargaining, right to rest and leisure, right to no forced labour, right to work and equal pay for equal work. Bruce and Neild also argued that central to recognizing police as citizens revolve around their right to decent conditions of service, the right to form employee representative organizations, and the right to engage in collective bargaining (200543).3.2.1 Democratic policing versus economic and social rights of policeThere is a close link between organizational police democracy and societal democracy where citizens are able to participate in decision-making processes and where basic human rights are protected (Marks Fleming, 2006179). It means police are likely to respond more democratically and humanly if they also experience the benefit s of democratic labor and social rights in their organizational set up (Berkley 1969, 46-51). Hence the right of police officers to engage in direct and indirect forms of democratic participation is crucial to rights based awareness. Police rights movement through democratic police union is also consistent with the advancement of democracy and good governance (Finnane, 2002 Prasad Snel, 2004). Police rights movement is now viewed as a countervailing force and broadcasting agendas for social change directed to establish racial justice, gender equality, and urban change (Berkley, 1969 Johnston, 2000 Robinson, 2000 Sklansky, 2005b OMalley Hutchinson, 2005). Police union can be seen as a bulk force for them because through the exercise of this right they might get the recognition of other economic and social rights in the workplace. In addition, police democracy brings not only the democratic benefit for them, rather through democratic police rights movement through police union can s erve as a necessary internal check against bureaucratic usurpation within the organization (Gammage Stanley, 1972 Fleming Lewis, 200292). Despite all the benefits and importance of police trade union as core labor rights of ILO, it creates more controversy and brings criticism from academics, police managers and public than any other labour union. Police organization that allows police union is branded as obdurate organization by the police scholars as the union engages only on their own vested interests such as workplace improvement and status enhancement rather than social justice features (Fogelson, 1977 OMalley, 2005b Reiner, 1978). The critics argued that this narrowness or bureaucratic conservatism of police union may thwart democratic aspirations within trade union structures (Hyman, 2000 Prasad et al 2004 Burgmann Burgmann, 199863).3.2.2 Positive development towards police rightsA significant change is occurring in the police organizations across the world through the pri vatization, civilianization, and responsibilization of policing (Marks Fleming, 2006 193). International Labour Organization recognizes all the employment rights of the police officers except few restrictions for the emergency run (ILO 2004). But in a recent move, the ILO develops codes of practice to promote social dialogue within the public service including emergency service too. In a joint meeting on public emergency service (such as police) in 2003, The ILO adopted a document Guidelines on Social Dialogue for Public Emergency Services in a Changing Environment to promote fundamental labor rights such as the right to form and join trade union, and collective bargaining. Thus these guidelines of ILO give an indication to its member states to allow the police to unionize and to bargain (ILO 2003a). The international network of police unions has also been attempted to persuade the ILO to review its conventions (Mark Fleming, 2006). They quoted Shizue Tomoda, an ILO technical spe cialist, as saying, As long as a large number of member states feel that it is proper for police labor rights to be regulated by national laws, the ILO Secretariat can do little to change the status quo.(p.189). In parallel with ILO prescription, many nations have promulgated special legislations that enable police officers to be entitled to all the citizenship rights including police union for instance, Police Officers Bill of Rights of USA the European Social Charter and European Code of Police Ethics in Europe.The modern policing are now centered on the principle of more democracy, more accountability, more equitability, and more professionalism. Police organization within public sector is now defined as growing labor-intensive industry that enables police to be qualified as worker having all the labour rights (Mark Fleming, 2006). Hence, being a member of a labor-intensive industry, they are also equally concerned about the working conditionss and wages (Wellington Winter, 196 9 Reiner, 1978).The current global socio-economic climate leads police unions and public sector unions to work more closely with the labour movement in terms of their rights to collective bargaining (Reiner, 1978). EUROCOP, an association of twenty-seven member police organizations across Europe, is also promoting fairness and equal opportunities in the police service of its member organizations (Marks Fleming 2006). Berkley (196946-51) also mentioned about the highly developed police unions across the Europe such as in Germany, France, Sweden, and the United Kingdom. Griffin (2001), Chief executive officer of the Canadian Professional Police Association noted that the police representatives in Canada are now a part of broad labor union body (Fleming Lewis, 2002). In the United States, Police unions go beyond the narrow interest of the police members promoting the public interests agenda consistent with community preferences in partnership with other police union partner (Magenau Hunt, 1996). The police federation of Australia is also affiliated and aligned with the national trade union federation (Marks Fleming, 2006). Some unions of Australia (for example, the Northern Territory Police Association NTPA) are now playing a very significant and central role to solve the resource problem of the aboriginal territory. In South Africa, the Police and Prisons Civil Rights Union (POPCRU) established in 1989 is also affiliated to the progressive trade union federation committed to democratic governance. They defend the socio-economic interests of the communities which is now well-recognized by the international human rights organizations (Marks Fleming, 2004). Police in Lesotho, Zambia, and Botswana who were denied the police rights, called upon the South African police union, POPCRU, to assist them in convincing police authorities and managers about the benefits of police unionization (Hopkins, 2004).3.3 Theoretical framework3.3.1 Occupational police stressA num ber of books, reviews of literature and public seminars on the study of the stressful nature of work indicate the growing interest in the field over the past 45 years across the world including America, Britain, Australia and New Zealand (Hurrell, Nelson, Simmons , Buunk de Wolff, 1992 Fried, 1993 Huddleston, 2002). One of the main reasons behind the interest is work-related stress causes huge human and monetary cost (Schuler Van Sell, 1981 Cooper Marshall, 1976 Levi, 1981 Moss, 1981 cited in Parker DeCotiis, 1983). The recent years have also witnessed a sizeable body of literature that examines police stress from a variety of perspective (Webb Smith, 1980251). This study will look into the police stress from human rights approach taking its physiological, psychological and organizational consequences into account. Even though a certain levels of stress are found in almost all occupations, police work has long been termed as a high stress, high strain and critical profession ( Anshel, 2000, Brown Campbell, 1994 Horn, 1991 Kroes, 1976 Kroes Hurrell, 1975 Raiser, 1974 Reilly DiAngelo, 1990 Violanti Marshall, 1983, Paton 1996a). They are usually the first to reach and the last to leave the scenes of murder, suicides or accidents. One police psychologist stated It is an accepted fact that a police officer is under stress and pressure unequaled by any other profession (cited in Webb Smith 1980255). They are frequently confronted with very sad and violent categories of incidents (Carlier, 1999, Carlier Gersons, 1992) and hidden victims of work-related psychological trauma (Paton, 1989, 1994b).Apart from the aforementioned intrinsic job stress, the police stressors may range from critical staff shortage to interaction in and outside the organization. Police stressors within the organization may be characterized as excessive workload, staff shortage, work interfering with family, poor or inadequate equipment or resources, seeing criminals go free and inadeq uate pay, uncivil interaction with co-workers and administrative hassles (Collins Gibbs, 2003 Davey, Obst, Sheehan, 2001 Morash, Haarr, Kwak, 2006 Pasillas, Follette, Perumean-Chaney, 2006, Huddleston 2002). Rigid organizational structure, shift work, excessive overtime, lack of opportunities for the advancement, workplace discrimination or harassment, administrative pressure to solve the problem, and conflicts over role and responsibility, job transfer, daily hassles, work-related disasters can also cause serious police stress (Collins Gibbs, 2003 Brown Campbell 1994 Sewell 1993 Pratt Barling, 1988). A police officer without the support of his or her family or friend and personal skills is more vulnerable to police stressors (Dewe Guest, 1990 Latach Havlovic, 1992 Tho