Arafat Hosen Khan


Full Time Faculty
Lecturer
Department of Law


Barrister-at-Law
M.A.- King’s College London, UK
L.L.B- University of Essex, UK

Phone: +880-2-55668200 Ext-
Mobile: +8801714130360
Email
: arafat.khan@northsouth.edu
Office: NCA- 610.

Curriculum Vitae

Arafat Hosen Khan joined Department of Law, North South University, Dhaka, Bangladesh in 2014. Prior to this he was practicing as an advocate in the High Court Division of the Supreme Court of Bangladesh and with Dr. Kamal Hossain & Associates, Dhaka, Bangladesh.

He is fully qualified English Barrister with an advanced degree in law. He has significant experience in institutional capacity building for a range of institutions including, Criminal Justice Sector institutions, National Legal Aid Services Organization, Chittagong Hill Tracts (CHT), Bangladesh Labour Administration, judicial capacity building among the indigenous population, Bangladesh Parliament, Labours and women police (Police Reform) in Bangladesh. He has 7 years of professional experience, including several assignments related to access to justice and good governance, and have excellent experience in contemporary human rights issues. He worked all over Bangladesh and have excellent experience with some of the National and International NGOs focused on access to justice and human rights in Bangladesh including, UNDP, CHRI, BLAST, ASK, Manuser Jonno Foundation, and BELA. 

He worked on several UNDP projects as a legal expert (National Consultant) including the Justice Sector Facility (JSF) Project, Improving Democracy through Parliamentary Development (IPD) Project and the Justice Sector Strategy Dialogue Project. He also worked various public interest litigation matters relating to access to justice and protecting the rights of the poor, women, children, labour, people with disabilities and the indigenous population of Bangladesh. Recently He worked as a National Consultant for EU- Legal & Local Governance Expert for Activating Village Courts in Bangladesh Phase II Evaluation cum Formulation Mission. He is a published writer both nationally & internationally and holding an MA in Global Ethics and Human Values from the King's College London with Chevening Scholarship awarded by FCO, UK.
 Book: 
Khan, Arafat, The Right to Equality of the Indigenous Peoples of Bangladesh: An Analysis of the Challenges to the Peace Accord (Saarbrücken, Germany: Lambert Academic Publishing, 2012)

Articles: 

Journal Articles 

    1. Khan, Arafat, Restrictions on Freedom of Expression: Getting the Right Balanced(June, 2015), Journal of International Relations, (Vol. VI, No. 6, pp: 181-190), Jahangirnagar University, Savar, Dhaka-1342, Bangladesh
    2. Khan, Arafat, “Capability Approach and its Universility” (December, 2013), Journal of the Chevening Society of Bangladesh, (Vol. 02, Issue. 01, pp. 163 - 182), British High Commission, Dhaka, Bangladesh. (http://csb.org.bd/journal.html
    3. Khan, Arafat, Ethics and Action of Law Enforcement Agency in Bangladesh: A Study on RAB(September, 2013), Journal of the Society & Changes (Vol. VII, Issue. 03, pp. 51 - 69), University of Dhaka, Dhaka, Bangladesh(http://www.societyandchange.com/images/2013/allpagesjulysept.pdf)

 Newspaper Articles

National:

I.        “Protecting consumer rights”, The Daily Star Dhaka, 22 April, 2013; http://www.thedailystar.net/law-and-our-rights/protecting-consumer-rights-20998 Date accessed: 13rd April, 2014.

II.        “Speak no evil- The draconian new ICT law threatens us all”, The Dhaka Tribune Dhaka, 12 October, 2013; http://www.dhakatribune.com/long-form/2013/oct/12/speak-no-evil Date accessed: 13rd Oct, 2013.

III.        Upholding right to freedom of expression through Internet”, The Daily Star, Dhaka,  20 September, 2013; http://www.thedailystar.net/beta2/news/upholding-right-to-freedom-of-expression-through-internet/ Date accessed: 20th Sept, 2013.

IV.        Upholding right to freedom of expression on Internet”, The Daily Financial Express, Dhaka, 20 September, 2013; http://www.thefinancialexpress-bd.com/index.php?ref=MjBfMDlfMjBfMTNfMV8xMzBfMTg0MDQ3 Date accessed: 21 Sept, 2013. 

V.        From Fatwas to Freedom: Protecting Women Rights in Bangladesh”, The Daily Financial Express, Dhaka, 11 December 2012; http://www.thefinancialexpress-bd.com/index.php?ref=MjBfMTJfMTFfMTJfMV8yN18xNTI4MzE= Date accessed: 12th Dec, 2012.

VI.        Revisiting democracy and its practice in Bangladesh”, The Daily Financial Express Dhaka, 24 June 2012; http://www.thefinancialexpress-bd.com/more.php?news_id=134160&date=2012-06-24 Date accessed: 24th Jun, 2012.

VII.        Turning The Tide Of RMG Labour Unrest” The Daily Financial Express , Dhaka, 20 June 2012; http://www.thefinancialexpress-bd.com/more.php?news_id=133624&date=2012-06-20) Date accessed: 21th Jun, 2012.

VIII.        Rethinking principles of natural justice” The Daily Financial Express , Dhaka, 16 June 2012; http://www.thefinancialexpress-bd.com/more.php?news_id=133126&date=2012-06-16 Date accessed: 16th Jun, 2012.

IX.         “Putting an End to Fatwa Violence” The Daily Star , Dhaka, March 2012 Forum; http://ww.thedailystar.net/forum/2012/March/putting.htm Date accessed: 12th Mar, 2012.

X.        Ekushey and freedom of speech” The Daily New Age , Dhaka, 21 February 2012; http://newagebd.com/newspaper1/op-ed/50943.html Date accessed: 21st Feb, 2012.

XI.        “February and freedom of speech, expression and thoughtsThe Daily Financial Express , Dhaka, 15 February 2012; http://www.thefinancialexpress-bd.com/more.php?news_id=120120&date=2012-02-15) Date accessed: 15th Feb, 2012.

XII.        “Duty of the State”, The Daily Star, Dhaka, January 2012, Forum; http://www.thedailystar.net/forum/2012/January/duty.htm Date accessed: 10th Jan, 2012.

XIII.        “Breaking the Rod”, The Daily Star, Dhaka, November 2011 Forum; http://www.thedailystar.net/forum/2011/November/rod.htm Date accessed: 18th Nov, 2011.

XIV.        “Ban on Corporal Punishment in Upholding Rule of Law”, The Daily Star, Dhaka, June 2011Forum; http://www.thedailystar.net/forum/2011/june/ban.htm Date accessed: 20th Jun, 2011.

XV.        “Women's Rights and the Fourth Estate”, The Daily Star, Dhaka, March 2011 Forum; http://www.thedailystar.net/forum/2011/march/women_rights.htm Date accessed: 15th Mar, 2011.

XVI.        “Stop Extra Judicial Killings: Respect and Establish an Effective Judiciary” The Daily Star, Dhaka, 15 May 2010; http://www.thedailystar.net/law/2010/05/03/index.htm) Date accessed: 15th May, 2010.

XVII.        “Making People Aware of Civil Justice SystemThe Daily New Nation , Dhaka, 20 December 2009.

XVIII.        Empowering Citizens Through Legal AwarenessThe Daily Financial Express , Dhaka, 15 December 2009; http://www.thefinancialexpress-bd.com/more.php?news_id=86884) Date accessed: 16th Dec, 2013.

XIX.        “Empower Citizens Via Legal Awareness: A Desire of the Time”, The Daily Bangladesh Today, Dhaka, 14 December 2009.

XX.        “Corruption, Democracy and Bangladesh”, The Daily Financial Express, Dhaka, 5 December 2009; http://www.thefinancialexpress-bd.com/more.php?news_id=85945) Date accessed: 5th Dec, 2009.

XXI.        “Corruption, Democracy and Bangladesh”, The Daily New Nation, Dhaka, 3 December 2009.

XXII.        “Is it Democratic Political Culture?”, The Daily Financial Express, Dhaka, 26 November 2009; http://www.thefinancialexpress-bd.com/more.php?news_id=85374) Date accessed: 26th Nov, 2009.

XXIII.        “Political Killings Must Stop”, The Daily Financial Express, Dhaka, 13 November 2009; http://www.thefinancialexpress-bd.com/more.php?news_id=84171) Date accessed: 13th Nov, 2009.

XXIV.        “Things That We Don’t Want to Talk About”, The Daily Financial Express, Dhaka, 6 November 2009; http://www.thefinancialexpress-bd.com/2009/11/06/83490.html) Date accessed: 7th Nov, 2009.

XXV.        “Political Killing”, The Daily Star, Dhaka, 2 November 2009.

XXVI.        “Things We Don’t Want to Talk About”, The Daily Bangladesh Today, Dhaka, 31 October 2009.

XXVII.        “Protecting Rights”, The Daily Star, Dhaka, 24 October 2009; http://www.thedailystar.net/newDesign/news-details.php?nid=110998) Date accessed: 25th Oct, 2009.

XXVIII.        “Rights Should be Applied Equally”, The Daily New Nation, Dhaka, 20 October 2009. 

 

International: 

  1. Khan, Arafat, and Mahbub, Saqeb “Consumer Law in Bangladesh: An Overview” (February, 2014), South Asian Jurist Magazine, (Issue. 04, pp. 07 - 10); http://www.joomag.com/magazine/south-asia-jurist-volume 4/0816982001388859425?page=23, Date accessed: 20th September, 2014. 

  2. Ensuring Effective Policing: Bangladesh High Court’s Guidelines on Arrest Without Warrant”, Network for Improved Policing in South Asia (NIPSA) [Online], May 2010; http://www.blast.org.bd/news/news-reports/91-nipsa Date accessed: 30th May, 2010                                                                                                 

  3. Asylum Seekers: Duty of the First World”, Law Inter Alia [University of Essex, UK] December 2007. 

  4. Fighting Lawlessness with Lawlessness”, Law Inter Alia [University of Essex, UK] December 2006.

 
Reports/Consultancy Papers/ Contribution

Author, Mapping of the Business Process of the Department of Labour (DoL)”, ILO, Dhaka Bangladesh. (20015)

Contributor, Current status of Persons with Disabilities 2015 – Legal and Grassroots Perspectives”, National Grassroots and Disabilities Organization (NGDO),National Council for Disabled Women (NCDW) and Bangladesh Legal Aid and Services Trust (BLAST), Bangladesh. (2015)

Author, Report on “Study on Women Police In Bangladesh”, The Commonwealth Human Rights Initiative (CHRI), New Delhi, India. (2014)

Author, Report on “Activities of the Parliamentary Standing Committee on Law, Justice and Parliamentary Affairs (2009-2013), Bangladesh Jatiyo Sangsad and Improving Democracy through Parliamentary Development (IPD) Project, UNDP, Bangladesh. (2013)

Author, Report on “Activities of the 5 No. Sub-Committee of the Parliament of Bangladesh Standing Committee on Law, Justice and Parliamentary Affairs (2009-2013)”, Bangladesh Jatiyo Sangsad and Improving Democracy through Parliamentary Development (IPD) Project, UNDP, Bangladesh. (2013)

Contributor, Report on “Evidence Based Analysis of the Trial Courts in Bangladesh”, United Nations Development Programme (UNDP), Bangladesh. (2011) 

Contributor, “Solution Exchange for the Urban Poverty Reduction Community Consolidated Reply” Solution Exchange-a UN initiative for development practitioners in Bangladesh; (2011) http://www.solex-un.net/repository/bd/upr/cr1-en-08032011-1.pdf Date accessed: 01st Mar 2012.

Training Manual: 

Developed a training manual on UNGP, labour laws, ILO Conventions, social compliance, worker rights, employer responsibility for upholding BHR and available remedies & grievance mechanisms to increase capacity and knowledge to Workers and Trade Unions/Trade Union Federations (TUs/TUFs). (2015)

Chevening Scholar, 2012-13 (for pursuing Post Graduate Degree in King’s College London).

2012 - 2013
MA in Global Ethics and Human Values (with Chevening Scholarship funded by Foreign and Commonwealth Office “FCO”, UK) 
King’s College London, London, United Kingdom

2008 - 2009    
Barrister-at-Law

Bar Vocational Course
The Honourable Society of Lincolns Inn, United Kingdom
College of Law, London, United Kingdom

2004 - 2008    
LL.B (Hons.) 
University Of Essex, Colchester, United Kingdom

 2003 - 2004    
Pre-degree bridging year course on law 

University Of Essex, Colchester, United Kingdom

 

1998 - 2000
H.S.C (Higher Secondary Certificate) in Humanities
Notre Dame College, Dhaka, Bangladesh

 

1998
S.S.C (Secondary School Certificate) in Arts
Barisal Zilla School, Barisal, Bangladesh

Dec 2014- to date       
Faculty Member,
Department of Law
North South University (NSU)
Dhaka, Bangladesh.

May 2014-  Dec 2014
Part-time Faculty Member

University of Liberal Arts Bangladesh (ULAB)
Dhaka, Bangladesh.

May 2011- Aug 2013     
Part-time Faculty Member

University of Development Alternative (UODA)
Department of Law and Human Rights.
80 Satmasjid Road, Dhanmondi Residential Area, Dhaka, Bangladesh.

Legal Experience
Member of Litigation and Research team:

Recently worked as a research team member for Nobel Laureate Professor Muhammad Yunus when the Government of Bangladesh summarily dismissed him from his post as head of Grameen Bank [Reported Judgment- Prof Muhammad Yunus vs. Bangladesh represented by the secretary, Bank and Financial Institutions Division, Ministry of Finance (63 DLR 260)];

Recently worked as a litigation team member in a public interest judicial review challenging the failure of public authorities to ensure effective enforcement of laws on building construction and workplace safety, in particular, the failure to prevent deaths and injuries of garments workers and others due to the collapse of the nine-storey building namely Rana Plaza, Savar, Dhaka;

Worked as a litigation team member in a public interest judicial review filed before the Hon’ble High Court in Bangladesh after the death of Tareque Masud- an award-winning Bangladeshi independent film director and Mishuk Munier- a media specialist from Bangladesh in a road accident on August 13, 2011, challenging Government’s inaction and failure to ensure safety on the roads and to repair the damaged highways throughout the country and also to challenge the failure of the government to enforce the relevant laws and rules is complete violation of the fundamental rights of persons to equality before law, life and personal liberty, which include the right to safety on the roads and highways, as guaranteed under Articles 27, 31 and 32 of the Constitution of Bangladesh;

Worked as a litigation team member in a public interest judicial review challenging the systematic failure of the Government to take action regarding repeated and severe incidents of corporal punishment, including caning, beating and chaining of children by teachers in schools and madrasas, based on news reports published in national dailies [Reported Judgment- BLAST vs. Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka (63 DLR 643)];

Worked as a litigation team member for the editor of the Daily Prothom Alo – a leading Bangla Newspaper in various defamation cases against them;

Worked as a litigation team member for Advocate Montu Ghosh, adviser of the Garment Sramik Trade Union Kendra He was arrested on July 31,2010 for interrogation in connection with his alleged involvement in the RMG violence in Dhaka; 

Worked as a litigation team member  for Workers' rights advocate and union leader Moshrefa Mishu was arrested in December on fabricated charges and without a arrest warrant;

Worked on women’s rights issues, including obtaining orders that the government must protect women from extra-judicial fatwas and an order protecting women’s right to choose whether or not they wear a headscarf; [Reported Judgment- Adv Salauddin Dolan vs. Bangladesh (63 DLR 80)];

Worked as a litigation team member in a judicial review against forced eviction operation had been launched on 04.04.2012, in which some 2,000 structures including dwellings and shops had been destroyed and about 4,000 poor slum dwellers, women, men and children were made homeless.

Recently worked as a research team member for Professor Asif Nazrul, University of Dhaka, when on March 15, 2012 the Hon’ble High Court issued the rule on the Government and him following a writ petition by Nawsher Ali Mollah, a Supreme Court lawyer and the court in its rule asked them to explain why the government should not be directed to file a sedition case against Asif for making a “provocative statement” about the next government at a talk show on Banglavision on March 12, 2012;

Recently worked as a litigation team member in a judicial review where the continuing harassment of Modhushudhon Chakrabarty, a student of the Shaheed Ziaur Rahman Medical College, Bogra, on the ground of his disability, as alleged in a series of reports published in national Newspapers as, and the failure of the concerned respondents to take timely action to prevent such harassment or to investigate it, or to take action against those responsible;

Worked as a litigation team member in a judicial review challenging the abuse of police powers to arrest without warrant under Section 54 of the Code of Criminal Procedure (CrCP) and the abuse of powers regarding taking the accused into remand (police custody) under Section 167 of the CrPC. The petitioners referred to recent incidents of gross abuse of power, including allegations of custodial death, torture and inhuman treatment, especially the killing of a young student, Rubel, in remand after arrest under Section 54 of the CrPC;

Worked as a research team member in a judicial review defending the Chittagong Hill Tracts Accord (Parbottyo Chottogram Chukti) 1997[Reported Judgment- Md. Badiuzzaman vs. Bangladesh (15 BLC 531)]

Worked as a litigation team member in a judicial review for Abul Khair Steel Mills Limited – a leading steel industry in Bangladesh in a VAT appeal matter.

Worked as a litigation team member in an admiralty suit for Van Traa Advocaten N.V., Rotterdam where a dispute concerns 33 containers with damaged potatoes, which containers are currently blocked in Chittagong port, Bangladesh;

Worked as a litigation team member in a Criminal Revision in the High Court in Bangladesh for NGS Cement Industries Limited; 

Worked as a litigation team member in a Civil Revision (Land dispute) in the High Court in Bangladesh for Shree Binoy Krishno Goshwami;

Worked as a litigation team member in several judicial reviews regarding employment dispute for Sylhet Gas Fields Limited;

Legal Advices and Opinions:

Advised ACCA, UK on various employment issues in Bangladesh;

Carried out the necessary review of the legislative frameworks for child survival pertaining to Bangladesh and provided detailed opinion to the Save the Children, London;

Advised Arent Fox LLP, Washington, DC, USA and FULBRIGHT & Jaworski L.L.P, Beijing, China   regarding copyright and trademark law in Bangladesh and registered trademark for several international companies on their behalf in Bangladesh;

Provided detailed opinion and comparative analysis to the National Legal Aid Services Organization Bangladesh regarding proposals for how they could set up an effective legal aid programme in the High Court of Bangladesh;

Advised Electromart Bangladesh Ltd. several times regarding various employment related issues;

Drafted Service Rules for the employees of Electromart Bangladesh Ltd. and Nitol Insurance Co. Ltd;


Consultancy Experience

National Consultant for
International Labour Organization (ILO)
External Independent Evaluator of Promoting Fundamental Rights and Labour Relations in Export Oriented Industries in Bangladesh (FRLR) Project
ILO RMG Project Office:  House No. CEN (B) 16, Road No. 99, Gulshan 2, Dhaka 1212, Bangladesh

National Consultant for International Labour Organization (ILO)
Promoting Fundamental Rights and Labour Relations in Export Oriented Industries in Bangladesh (FRLR) Project
ILO RMG Project Office:  House No. CEN (B) 16, Road No. 99, Gulshan 2, Dhaka 1212, Bangladesh

Legal Consultant for ActionAid Bangladesh under ACB project
House 8, Road 136, Gulshan 1, Dhaka 1212

National Consultant for European Union (EU)- Legal & Local Governance Expert for Activating Village Courts in Bangladesh (AVCB) Phase II Formulation Mission, EU, Bangladesh.

National Consultant- Legal Expert to Support Case Monitoring and Coordination Expert under Justice Sector Facility (JSF) Project, UNDP, Bangladesh.

National Consultant- for Development of a Directory of Expertise for the Parliamentary Committee on Ministry of Law, Justice & Parliamentary Affairs Improving Democracy through Parliamentary Development (IPD) Project, UNDP, Bangladesh.

 

Research Consultant
The Commonwealth Human Rights Initiative (CHRI),
New Delhi, India.

National Consultant
Research Services in Law emphasis on Justice, Human Rights, Constitutional Law and Security Affairs.
Improving Democracy through Parliamentary Development (IPD) Project, UNDP, Bangladesh.

National Consultant
United Nations Development Programme (UNDP), Bangladesh            

 

Constitutional Law of Bangladesh

Jurisprudence

Law of Contract

Business Law

Member:         Bangladesh Supreme Court Bar Association, Bar Membership No: 5598

Member:         The Honourable Society of Lincoln’s Inn, Bar Membership No: 55773

Member:         Dhaka Bar Association, Bar Membership No: 14091

Member:         Bangladesh Bar Council

Member:         Barisal Bar Association, Bar Membership No: 690

Human Rights Law and Ethics

Full Time Faculty
Lecturer
Department of Law


Barrister-at-Law
M.A.- King’s College London, UK
L.L.B- University of Essex, UK

Phone: +880-2-55668200 Ext-
Mobile: +8801714130360
Email
: arafat.khan@northsouth.edu
Office: NCA- 610.

Curriculum Vitae