The CBA’s Support for the Rule of Law in Developing Countries

I returned last week from committee meetings of the Canadian Bar Association (CBA) at their annual meeting in Calgary. Having reached the 6-year maximum term for service on the CBA International Development Committee (IDC), I wanted to mention the IDC’s good work and make readers more generally aware of what that they do (particularly in light of the recent, negative “lawyers are rats” media coverage). There are also a number of ways in which CBA members can get involved.

The mission of the IDC is to promote the rule of law in developing and transitional countries. Their funding for overseas projects comes from external sources, such as the Canadian International Development Agency. There is a small but dedicated internal staff at the CBA but many of their overseas projects involve CBA members who volunteer their time and services. There are a number of current projects being overseen by the IDC, including:

  • China (to assist on developing legal aid and supporting the Chinese bar and criminal law reform)
  • Bangladesh (to increase legal and judicial capacity and to enhance access to justice by the poor and disadvantaged and to make advancements towards protection of individual rights)
  • Nepal (to support Nepal in its movement towards democracy by strengthening the capacity of the Nepal Bar Association (NBA) to assist all Nepalis to exercise their democratic and human rights and to advocate for laws that protect these rights in a manner that reflects the culture, traditions and preferences of all Nepalese citizens) [a number of Nepalese lawyers attended the IDC workshop at the conference and spoke on gender equality issues in Nepal affecting (primarily) female lawyers]
  • There are also of number of other projects. In particular, the IDC has been quite active in various regions in Africa in the last decade, including being a major partner to supporting a constitutional litigation unit at the Legal Resources Centre in South Africa regarding litigation over right to shelter, the right to privacy, equality for women, the right for children to be free from arbitrary detention and so on.

    In addition, there was also an excellent internship program that had young Canadian lawyers being placed at NGO’s and legal clinics with some of our partners in Africa and South East Asia, although it appears that funding for that program is in jeopardy.

    I was fortunate enough to attend on two missions in Africa; in addition, as a Committee member, it is very rewarding to hear the positive stories from our partners on the concrete and positive impact some of this work is having.

    For members of the CBA, you can register on an online resource databank – see the IDC’s “Getting Involved” page (as of last week, though, the databank was being upgraded and was not immediately available).

    Retweet information »

    Comments

    1. APPEAL FOR JUSTICE TO SAVE FROM OPPRESSIVE LAWS
      Dear Sir
      From 1972 after independent ,Bangladeshi Nationals started to Established Industries investing family resources ,adopting innovative technology as SELF EARNER & to create job for million of unemployed as well as to achieve economic freedom when everything were damaged and leftover .
      From 1980 Government started helping these fast growing PRIVATE SECTOR INDUSTRIES having fund from International Grant or Loan Giving Agencies and distributed through different Bank.
      But unfortunately Owner of Industries becomes helpless victims of deep rooted conspiracy & Anti Propaganda .. The Bank Official refrain themselves from ascertaining production capacity of imported machineries and to provide required working capital loan in time extending non-cooperation, negligence & non-banking activities .These have been done willingly to Jeopardize the Government Decision of Privatizations as well to occupy the mortgaged properties of the Owner of Industries of Bangladesh
      Hundreds & Thousand of Industries in Bangladesh have been destroyed by Bank Officials & Policy Maker who are not aware of First Changing Technology of present time. even.
      Over and above Capitalizing the Illiteracy, Ignorance and Extreme Poverty of majority of Bangladesh Citizen Every things have been forced upon the Owner of Industries of PRIVATE SECTOR in co-operation with their alliance , who are engaged to make Bangladesh a bottom less country. again
      Due to Such Conspiracy , Negligence’s and violation of contracts by Bank Official & Policy Maker, most of these Industries have became in-operative & have lost their Cash Capital, Expatriate Capabilities. And became helpless victims of oppressive laws
      In 1992 &1996 the Sick Industries Rehabilitation Cell were formed by GOVERNMENT OF BANGLADESH & have Identified and Registered these Industries as SICK INDUSTRIES declaring not as defaulter but victims of Violation of Contract, Negligence, Fraudulent Activities, Malpractices of Bank Officials including Policy Maker.
      LACK OF ACCOUNTABILITY in different Organization of Bangladesh are no more hidden matter till date .
      THE OWNER OF THE INDUSTRIES OF BANGLADESH ARE LOOKING VERY HELPLESSLY FOR JUSTICE BUT THE DOOR OF JUSTICE ARE CLOSED FOR UNKNOWN REASONS.
      Owner of Industries are deprived of Legal Right due to ARTHA RIN ACT ACT of 1989 which were amended several time on 2003 and 2007.The Bankruptcy Act of 1997 treating the OWNERS OF INDUSTRIES as like as SLAVE of COLONIAL PERIOD When the Hands of the Producer and Technician of “Muslin Fabrics” ( which were only produced in UNDIVIDED BENGAL ) were cut down
      But these laws are not applicable in Nationalized Sector where billions of US Dollars are spend and are unaccounted
      Total outstanding Defaulted Bank Loan are about 60 to 70 % lying with Government Sector / Nationalized Concern. And less then 10 % Bank loan are lying with Small & Medium Size Industries of Private Sector. And Bank Official can explain well about the balance of the remaining out standing Loan.
      LAW OF TORTS and LAW OF CONTRACT ARE MOST COMMON LAW IN ALL COUNTRY and even in our NEIGHBOURING COUNTRY Like INDIA , BUT NOT APPLICABLE IN BANGLADESH YET DUE TO WHICH BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION forcing the Process of increasing – Poverty line in Geometric Ration and also helping HUMAN TRAFFICKING in large scale.
      OWNER OF INDUSTRIES OF PRIVATE SECTOR CAN NOT CLAIM ANY COMPENSATION OR SET OFF on the Suit filed by the Bank Official or Loan Giving Agencies under Artha Rin Act , 2003 FOR VIOLATION OF CONTRACT, NEGLEGIENCES, MALPRACTICES, including fraudulent activities of Bank officials instead of huge loss and damages although Bangladesh is known as DEMOCRATIC COUNTRY

      Also Common PEOPLE WHO ARE FACING ANOTHER TYPE OF REPRESSIVE LAW UNDER CERTIFICATE CASE for realization of Taxes , Agricultural Loan , including Weaver’s Loan or loan from cottage industries etc.

      OWNER OF INDUSTRIES can only file a separate suit for compensation in separate CIVIL COURT CREATING MORE complicacy for life long litigation WITH OF NO RESULT .
      Due to restriction to obstruct or resist any order / decree of ARTHA RIN ACT / COURT by any other DECREE OR ORDER OF ARTHA RIN COURT or even of by HIGHER COURT. THE RIGHT OF EQUITY OF LAW HAVE COMPLETELY BEEN DENIED TO THE INDUSTRIAL ENTREPRENEUR OF PRIVATE SECTOR IN BANGLADESH .
      But in India for recovery of defaulted Bank Loan there are separate law known as D R T ( DEBT RECOVERY ACT ) in which The Owner of the Industries or any Borrowers can claim set off or can claim compensation for the violation of contract , negligences , fraudulent activities including malice or malafide activities of Bank officials

      And Sections 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT -2003 are CONTRADICTORY TO ARTICLE NO : 8, 15, 26 and 27 of BANGLADESH CONSTITUTION and Government Industrial Policy adopted time to time..
      Now there are no other alternative way but to draw the kind attention of Concerned Authority Including International Community / Organizations seeking help for JUSTICE and Support to save & protect the OWNER OF SICK OR DISTRESSED INDUSTRIES OF Bangladesh under Private Sector, including their properties from such deep rooted conspiracy and oppressive laws as well to protect the interest of large number of workers, staffs of the Private Sector and also for CHANGE of such oppressive laws to restore Accountability of Bank Official / Loan Giving Agencies including Policy Maker to ensure greater Interest of The Nations

      ( A ) – Humble appeal before the Government of Bangladesh to allow Industrial Entrepreneur to claim Set Off or Compensation on suit filed by the Bank or loan Giving Agencies. or allow to Run Compensation Suit Simultaneously with suits file by Bank Officials under ARTHA RIN ACT with equal opportunity and equal right so as to restore total accountability ,which will be similar to DRT ( Debt Recovery Tribunal of INDIA )
      (B)- Considering the Heavy loss and Damages of Government Registered and Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector due to Negligence , Violation of Contract & Non-Banking Activities etc. of Bank Officials and Policy Maker & need 100 % Weaver of all type of Bank loan liabilities to minimize their heavy loss and damages to certain extent under LIMITATION ACT
      ( C )- The system of keeping mortgage of Land & Properties from the Owner of Industries by Bank or any Loan Giving Agencies as Securities are mostly responsible for Malpractices and ever growing Corruption, & Fraudulent Activities in Banking Sector, which are now proven matter and may kindly be completely abolished as a part of reform programs at earliest possible time to ESTABLISH ACCOUNTABILITY and Check Malpractices, Fraudulent Activities which are now growing by large in Banking Sector or in other Loan Giving Agencies upto root Levels
      ( D ) – All suits of Artha Rin Court may kindly be transferred to Civil Commercial Court abolishing SECTIONS 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT -2003 for the end of Justice .
      ( E ) – And Section 28 ( Ka ) of BANKING COMPANY of 2001 which explain WRITTEN OFF does not mean Weaver were included to SERVE THE PURPOSE OF VESTED GROUPS & Their AGENTS and also to misguide the International Community & Bangladesh National
      ( F ) And also take immediate steps to reform or abolished the system of CERTIFICATE CASE Which are nothing but abuse of Law for realizing Government Taxes , Agricultural Loan etc and is one of the worst system of CLONIAL RULE
      Suffering Groups of Owner of Industries of Bangladesh