THE news of proposed legislation about the formation of a Human Rights Commission being approved by the advisory council is salutary. The establishment of a commission to specifically look into potential and actual instances of human rights violation is expected to have a preventive and sobering influence on state actors, particularly of the regulatory outfits. One can hope that the enforcement organs that exercise coercive powers will be more than cautious in the discharge of their duties.

While there is no doubt that the human rights commission will act as a watchdog body, it needs to be emphasised that the said body should also concentrate in a large measure ontheaspectofeducating and sensitising the state actors as well as the members of public.

It is against such a background that the teaching of human rights at all levels of education and training is of paramount importance if the aims and objectives of the United Nations are to be achieved. It cannot be stressed too emphatically that the education and training of police officials, to understand and employ the principles of human rights, is of the utmost importance. The police, both individually and collectively, have a fundamental role in securing the high ideas.

All police officials can help their governments to secure the aims of the human rights legislation and practice. And, in doing so, they can also express "their profound belief in those fundamental freedoms which are the foundation of justice and peace In the world, and are best maintained on the one hand by an effective political democracy and on the other by 4 common understanding and observance of the human rights upon which they depend."

Free people expect much from the police. In such societies the police stand at the point of balance, on the one hand securing human rights and, on the other, exercising their lawful powers given to them by governments in the name of the people to protect the people and their institutions. Police authority can be abused even in democracies. The main problem lies in control.

The government of Bangladesh has to ensure that those who are chosen to exercise the power and authority of police officials are carefully selected for their human qualities, are properly trained to perform their difficult duties in an ethically correct manner, and, very importantly, are led and directed by persons with high qualities of

human excellence.

Anything less than this will not help secure the balance of human rights with adequate control of excessive human misbehaviour. Measures have to be available to maintain correct standards through the imposition of disciplinary regulations, having regard to the human rights of the malefactors.

It is in the control of power, by one person or group over another person or group, that laws play a vital role. To leave human affairs to the caprice of an arbitrary power is, of course, untenable, but to use laws to diminish the reasonable exercise of freedom and to give excessive power to individuals or groups, such as police, over others, is equally so.

It is both possible and desirable for power to be mixed with discretion, particularly in police activity. Thus, for example, where police have power to arrest people and bring them before the courts of law, it may not always be necessary to use it, since arrest and detention before proof of guilt is an administrative convenience and not a punishment.

Authority is usually the offspring of power of one kind or another. Authority, when given by laws democratically enacted and given the respect of people generally, can be said to be true and legitimate. Authority based on power or arbi-

trariness, such as naked power or pure strength, lacks the virtues of the former and is authoritarianism. Such authority, requiring blind obedience, is generally offensive to the concept of human rights.

Power for the police Is not to be seen as an end in Itself, but as a means towards a free social order. It is, therefore, in the proper use of their considerable powers that a test for police at the service of human rightswill be made.

Where the police are seen to be at the service of human rights in particular and humanitarian acts in general, it might be expected that public support will be forthcoming to a greater or lesser degree. It is important, therefore, that police officials under training should be enabled to address their minds to this phenomenon.

It is important, therefore, that, through an understanding of the subject of human rights, police officials see their relationships with the many differing sections of the public as positive.

In all societies, most social control, including control of criminal behaviour, stems from informal controls. Superstition, taboos, religions, customs, shared values and moral standards have preceded or given rise to laws upon which the more advanced formal policing arrangements have been developed.

In their preventive role against crime, police have an interest in encouraging the retention of the development of informal controls. The role of family, school, institutions of innumerable kinds, as well as public opinion itself, can all help or hinder the police function. It accords with the best principles of human rights that the dignity and freedom of the individual is recon ciled with the dignity and social purpose of legitimate informal controls.

Punitive policing, if carried to extremes, may be described as control through suspended terror. It works on the assumption that, provided the penalties for crimes or police severity are sufficiently horrible, people will be deterred. Although this philosophy of social control has existed from time to time and in many places, it runs counter to the provisions of the Universal Declaration of Human Rights (Article 5).

Politicians and enforcement officials have to realise that preventive police activity when carried out properly and effectively is superior activity, since it not only prevents victimisation of citizens and their own lawful human rights but also reduces the stigma and moral obloquy associated with the criminal offender. It marks the concern of society to reduce the suffering of crime and the problems of criminality.

Preventive policing may operate at primary, secondary, and tertiary levels in the control of crime, and at each level the principles of human rights should be observed.

The foundations of positive enforcement practices should be based on an understanding and acceptance of ethical principles of duty to the application of laws; not

as an end in themselves but as a means of securing fairness and justice to all manner of persons, irrespective of their race, creed, religion or social standing. The provisions of human rights law seek no lower standard of police behaviour and practice.

The use of force by police officials is generally governed by the principles of proportionality, and expressed in some national laws as the principle of the minimum use of force. Ideally, police should aim to achieve their objectives without the use of force at all. By striking the correct attitude, it is often possible to achieve these by persuasion. Where force has to be used, it should only be in proportion to the "1 problem being encountered.

When it comes to the subject of human rights, there are principles and laws of universal applicability. Understanding this, one will go a Jong way towards grasping the intentions of the Universal Declaration of Human Rights.

It is desirable for police officials to acquire a general consciousness of the concepts of democracy, justice, fundamental freedoms and human rights. But, this in itself would be insufficient if police practice were not pervaded by, and directed in accordance with, this consciousness and knowledge.

In their day-to-day functions, police operate on those margins of society where liberties are at risk, and where freedoms and rights often have to be curtailed and infringed if police are to be effective. And yet, the police are not a law unto themselves. They are the servants and agents of both their domestic laws and of the great body of inter- } national human rights law also.

JAjhammad htruf Huda s a coturmst oTThe Daiy Star.