Dr. Sumaiya Khair

Dr. Sumaiya Khair is a Professor at the Department of Law, University of Dhaka, Bangladesh and Adviser, Executive Management at Transparency International Bangladesh (TIB), country chapter of Transparency International, a Berlin-based anti-graft organisation. Her teaching expertise lies in, inter alia, Public International Law, International Human Rights Law, International Humanitarian Law and International Law on Refugees, Migrants and Stateless Persons. Her research expertise spans multi-dimensional fields, such as, human rights, access to justice and legal empowerment, refugees & migration, governance and anti-corruption, labour standards, child rights, and gender issues and has to her credit a number of publications in national and international journals and books. She is a regular contributor She is a regular contributor to the Asian Yearbook of International Law (Brill), where she writes on “State Practice of International Law: Bangladesh”.

At TIB, Professor Khair has been guiding and supervising anti-corruption research undertaken by the research and policy team since 2013. She also oversees the organisation’s programme on climate finance and environmental governance. In this connection, she supervises concerned teams in terms of activity planning, research and policy, advocacy, and networking with the aim of increasing the capacities of stakeholders, particularly civil society, to contribute to climate finance and environmental governance risk assessment, policy development, implementation and oversight in collaboration the government, citizens, media and other relevant actors.

CV: SUMAIYA KHAIR

LL.B. (Honours) (Dhaka), LL.M. (Dhaka), Ph.D. (London)

Professor of Law, University of Dhaka and Adviser, Executive Management, Transparency International Bangladesh, TIB

e-mail:skhair@gmail.com; skhair@du.ac.bd; aemtib@ti-bangladesh.org

https://www.du.ac.bd/body/faculty_details/LAW/306#

RESEARCH INTERESTS

Human rights, humanitarian law, access to justice and legal empowerment, refugees & migration, anti-corruption and governance, child rights, workers’ rights and gender issues.

PUBLICATIONS

Books

1. Justice at the Doorsteps. Mediation on Migration Fraudulence, Refugee and Migratory Movements Research Unit (RMMRU), Dhaka, 2018.

2. Governance and Integrity. The National Integrity System in Bangladesh, University Press Limited (UPL), Dhaka, 2017 (co-authored).

3. Child Labour Revisited. Gender, Culture, Economics and Human Rights, University Press Limited (UPL), Dhaka, 2011.

4. Legal Empowerment for the Poor and the Disadvantaged: Strategies, Achievements and Challenges. Experiences from Bangladesh, Colourline, Dhaka, 2008.

5. Child Migration for Work, Development Research Centre on Migration, Globalisation and Poverty, Sussex and Refugee and Migratory Movements Research Unit (RMMRU), Dhaka, 2008.

6. Women in the Labour Market. Impact and Implications of Labour Law, Ministry of Women and Children Affairs, Government of Bangladesh, PLAGE Project (supported by CIDA), 2002 (co-authored).

Book Chapters/Sections

1. ‘Refugee Policy Context Analysis: The Case of Bangladesh’ in Muhammad Ekramul Haque (ed), ‘Bangladesh’, Encyclopedia of Public International Law in Asia [EPILA], in Seokwoo Lee, (ed) Brill, 2021.

2. ‘Corruption in humanitarian assistance: challenges and opportunities’, in Amita Singh (ed.), Disaster Law. Emerging Thresholds, Routledge, London & New York, 2018, pp.207-227.

3. ‘Globalisation and children’s rights: The case of child labour’ in Alam, Shawkat, Klein, Natalie and Overland, Juliette (eds.), Globalisation and the Quest for Social and Environmental Justice. The relevance of international law in an evolving world order, Routledge, London & New York, 2011, pp. 168-188.

4. ‘Migration and Minority Formation: The Interplay of Economics, Politics and Conflict’, in Bhaumik, Subir (ed.), Counter-Gaze: Media, Migrants and Minorities, frontpage, London, 2010, pp. 101-120.

5. ‘From consciousness to empowerment: role and significance of legal literacy’, in Uncharted Territories. Thoughts on 2020, ActionAid Bangladesh, Dhaka, 2009, pp. 15-34.

6. ‘Challenges to democratization: perspectives of structural malgovernance in Bangladesh’ in Panandiker, V.A. Pai and Tripathi, Rahul (eds.), Towards Freedom in South Asia. Democratization, Peace and Regional Cooperation, Konark Publishers Pvt. Ltd., New Delhi, 2008, pp. 47-64.

7. ‘Philanthropy and Law in Bangladesh: Recent Developments’ in Philanthropy and Law in South Asia. Recent Developments in Bangladesh, India, Nepal, Pakistan and Sri Lanka prepared by the PALISA Group, Asia Pacific Philanthropy Consortium (APPC), Philippines, September 2007, pp. 7-23.

8. ‘Philanthropy and Law in Bangladesh’ (Country Chapter) in Sidel, Mark and Zaman, Iftekhar (eds.), Philanthropy and Law in South Asia, Asia Pacific Philanthropy Consortium (APPC), Philippines, 2004, pp. 49-114 (co-authored).

9. `Child Labour Reconsidered: The Employment of the Girl Child in the Bangladesh Garment Industry’, in Stewart, Ann (ed.), Law in its Social Setting. Gender, Law and Social Justice, Blackstone Press Limited, London, 2000, pp.119-137.

10. `Women's Human Rights in Bangladesh' in Ahmad, Tahmina and Khan, Md. Maimul Ahsan (eds.): Gender in Law, Adtam Publishing House, Dhaka, 1998, pp.1-27

Journal Articles/Working Papers

1. ‘Climate change investments in Bangladesh: leveraging dual-use characteristics as an anti-corruption tool’ (co-authored), Working Paper 033, ACE SOAS Consortium, December 2020, https://ace.soas.ac.uk/wp-content/uploads/2020/12/ACE-WorkingPaper033-ClimateChangeInvestments-201217.pdf

2. ‘State Practice of Asian Countries in International Law. Bangladesh’, Asian Yearbook of International Law, Vol.24 (2018), pp. pp. 353-369, available at https://brill.com/view/book/edcoll/9789004437784/BP000023.xml ( online publication on 22 October 2020).

3. ‘State Practice of Asian Countries in International Law. Bangladesh’, Asian Yearbook of International Law, Vol.23 (2017), pp. 203-226, available at https://brill.com/view/book/edcoll/9789004415829/BP000014.xml (online publication on 16 Dec. 2019).

4. ‘State Practice of Asian Countries in International Law. Bangladesh’, Asian Yearbook of International Law, Vol.22 (2016), pp.329-345, available at https://brill.com/view/book/edcoll/9789004379633/BP000023.xml (online publication on 05 Nov. 2018).

5. ‘State Practice of Asian Countries in International Law. Bangladesh’, Asian Yearbook of International Law, Vol.21 (2015), pp.260-275, available at http://booksand journals.brillonline.com/content/books/9789004344556 (online publication on 10 Sept. 2017).

6. ‘Legal Empowerment for Improved Access to Justice: Dominant Discourses’, Dhaka University Law Journal (The Dhaka University Studies Part-F) Volume 28, 2017, pp.1-20.

7. ‘UNCAC and Civil Society Activism Against Corruption In Bangladesh’, Asian Yearbook of International Law, Vol.20 (2014,) pp. 115-162, available at https://brill.com/view/book/edcoll/9789004379770/BP000005.xml

8. ‘Bringing International Human Rights Law Home: Trends and Practices of Bangladeshi Courts’, Asian Yearbook of International Law, Vo.17 (2001), pp. 47-84 available at http://www.dilafoundation.org/asian-yearbook-of-international-law-2011-vol-17.html

9. ‘Evaluating Legal Empowerment: Problems of Analysis and Measurement’, in Hague Journal on the Rule of Law, Vol. 1, Issue 1, Cambridge University Press, March 2009, pp.33-37.

10. ‘Juvenile Justice Administration and Correctional Services in Bangladesh: A Critical Review’, Journal of the Faculty of Law, The Dhaka University Studies, Part F, Vol.16, No.2, December 2005, pp. 1-28.

11. Human Rights: The Role of International Human Rights NGOs’, BIISS Journal, Vol.24, No.1, 2003, Bangladesh Institute of International and Strategic Studies, pp. 133-152.

12. ‘Laws on Children and Perspectives on Children’s Rights in Bangladesh’ in the Banglapedia (National Encyclopedia of Bangladesh), Vol.2, March 2003, The Asiatic Society, Bangladesh, pp. 278-280.

13. ‘Paradigm Shifts in Legal Regulation of Women’, Journal of the Asiatic Society of Bangladesh (Humanities), Golden Jubilee Issue, Vol.47, No.2, December, 2002, pp.31-50.

14. ‘Female Children in the Labour Market: Determinants of Factory Employment’, Journal of the Faculty of Law, Dhaka University Studies, Part F, Vol.13, No.1, June 2002, pp. 21-72.

15. ‘Legislation on Child Labour: International and Domestic Perspectives’, Journal of the Faculty of Law, Dhaka University Studies, Part F, Vol.14, No.1, June 2003, pp. 17-36.

16. `Street Children in Conflict with the Law: The Bangladesh Experience’ in Asia-Pacific Journal on Human Rights and the Law, Vol.2, Number 1, 2001, Kluwer Law International, The Hague et al., pp.55-76.

17. `Violence against Women: Ideologies in Law and Society’, in the Bangladesh Journal of Law, Vol.3, No.2, December 1999, Bangladesh Institute of Law and International Affairs (BILIA), Dhaka, pp.139-160.

18. `Cultural Conflict and Children’s Rights in Bangladesh’, in the Journal of the Asiatic Society of Bangladesh (Humanities), Vol.44, No.2, December 1999, pp.23-49.

19. `Understanding Sexual Harassment in Bangladesh: Dynamics of Male Control and Female Subordination’ in the Journal of the Faculty of Law, Dhaka University Studies Part F, Vol. 9, No. 1, June 1998, Dhaka, pp. 87-110.

20. `Struggling against the Doldrums: The Public-Private Dichotomy and the Bangladeshi Woman' in the Social Science Review, Vol. XV, No.1, June 1998, Dhaka, pp.101-118.

21. `Revisiting International Human Rights Law' in the Journal of the Faculty of Law, Dhaka University Studies, Part F, Vol.8, No.1, June 1997, Dhaka.

22. `The Girl Child in Bangladesh: Towards an Understanding of Her Labour' in the Bangladesh Journal of Law, Bangladesh Institute of Law and International Affairs (BILIA), Dhaka, June 1997, pp.71-112.

23. `Limiting Child Labour: The Impact of Protective Legislation in Bangladesh' in the Journal of the Faculty of Law, Dhaka University Studies, Part F, Vol.7, No.1, 1996, pp. 21-34.

24. `Child Labour Revisited: The Situation of the Girl Child in the Bangladesh Garment Industry' in Politics Administration and Change (an international multi-disciplinary journal), Issue 25, July 1996, Centre for Public Affairs, Bangladesh and the Department of Politics, University of New England, Australia, pp.24-43.

25. `The Endangered Generation: Enslavement of Children' in the Dhaka University Studies, Part F, Vol. V, No.1, June 1994, Dhaka, pp.103-131.

26. `Common Article 3 of the Geneva Conventions 1949 and Development of the Law of Non-International Armed Conflict' in Human Rights and Development Review, Vols. III and IV, 1993-4, Humanist and Ethical Association of Bangladesh, pp.56-76.

27. `Refugees in Armed Conflicts and Internal Disturbances: Protection and Assistance' in BIISS Journal, Vol.12, No.3, July 1991, Bangladesh Institute of International and Strategic Studies, Dhaka, pp.336-66.

28. `Human Rights and Women in the Indian Sub-Continent' in the Dhaka University Studies, Part F, Vol. II, No.1, June 1991, Dhaka, pp.149-58.

BOOKS/MANUSCTIPT REVIEWS

I regularly peer review academic articles and papers. Some selected reviews include:

1. Review of a book proposal for Routledge titled Bangladesh Constitution at Fifty: Founding, Challenges, and Future’ edited by Ridwanul Hoque and Rokeya Chowdhury, August 2021.

2. Review of a manuscript for Routledge titled Democratic transition and the Caretaker Government of Bangladesh in a culture of mistrust by Sonia Zaman Khan, May 2016.

3. Review of a book titled Mobility, Labour Migration and Border Controls in Asia, Amarjit Kaur and Ian Metcalfe (eds.), (Basingstoke and New York: Palgrave Macmillan, 2006), xix+322 pp. in South Asia Research, Vol. 27(3), pp.365-367, Sage Publications, Los Angeles et al., 2007.

4. Review of a book titled Measuring Empowerment: Cross-Disciplinary Perspectives, Deepa Narayan (ed.), (New Delhi: Oxford University Press, 2006, xx+475 pp. in South Asia Research, Vol. 27(2), pp.240-242, Sage Publications, Los Angeles et al., 2007.

FUNDED RESEARCH

1. Capture and Waste of Resources in Climate Change Investments in Bangladesh, TIB-SOAS joint study funded by DFID under the Anti-Corruption Evidence (ACE) Programme, 2019-2020.

2. Review of National Integrity Pillars in Bangladesh under the Transparency International Secretariat’s National Integrity Context and System Analysis (NICSA) project (October 2012-September 2013).

3. Gender- based Violence and Women’s Access to Justice: A Legal Review, prepared for BRAC Development Institute (BDI), 2012.

4. Protection of Human Rights under the Caretaker Government and Elected Governments, UNDP, July 2009.

5. Towards Effective Prosecution of Acid-related Cases: The Feasibility of Establishing a Formal Monitoring Process, CIDA, Legal Reform Project, Part A, Sept.-Nov. 2007.

6. Situation Analysis of the Rights of Ethnic Minority Children in Bangladesh, commissioned by Danida and Save the Children, Sweden-Denmark, 2007.

7. Access to Justice and Legal Empowerment for the Poor and the Disadvantaged in Bangladesh: Strategies, Achievements and Challenges, Post-Doctoral Fellowship Research at the School of African and Oriental Studies (SOAS), University of London, U.K., 2006-7.

8. Non-traditional Security Threats: Human Security Concerns of Trafficked Women and Children in Bangladesh, Refugee and Migratory Movements Research Unit (RMMRU), University of Dhaka, under a Ford Foundation Grant, 2006.

9. Towards a Fairer World: Why is Corruption Still Blocking the Way? Bangladesh Case Study, Transparency International, Berlin, 2006.

10. Children’s Migration for Livelihood: The Bangladesh Experience, under partnership of Refugee and Migratory Movements Research Unit (RMMRU), University of Dhaka and the Development Research Cooperation (DRC) project of the University of Sussex, U.K., 2005.

11. Child Labour in Bangladesh. A Forward-Looking Policy Study, ILO-IPEC and CPD, April, 2005.

12. Bangladesh. Child Domestic Workers in Dhaka City: A Situation Analysis, ILO-IPEC, Dhaka, December 2004.

13. Exploring Male Perception of Violence against Women in Bangladesh, under the auspices of Refugee and Migratory Movements Research Unit (RMMRU), University of Dhaka and management of the British Council, Dhaka, and with technical assistance from DFID, Bangladesh, November 2001.

14. Exploring Root Causes of Juvenile Crime in Bangladesh, UNICEF, Dhaka, September-December 1998.

15. Strengthening of the Implementation of the Legal Framework for Human Security in Bangladesh (from the perspective of the poor and disadvantaged), UNDP, Dhaka, 1997.

16. Changing Responses to Child Labour: The Case of Female Children in the Bangladesh Garment Industry (Ph.D. thesis) August 1995, University of East London, United Kingdom.

PROFESSIONAL EXPERIENCE

Teaching

• International Human Rights Law, International Humanitarian Law, International Law on Refugees, Migrants and Stateless Persons (Masters level).

• Public International Law, Roman Law, Laws on Evidence, Law of Torts, and Criminology (Graduate level).

Academic Journal Editorial Boards

1. Member, Editorial Board, Journal of the Faculty of Law, Part F, University of Dhaka, 2007-2010.

2. Member, Editorial Board, Dhaka Bishyabidyalaya Patrika (Bangla Journal of the University of Dhaka), 2005-2007.

Others

1. Judge, Asian Human Rights Court Simulation (AHRCS), independent court of the peoples, by the peoples and for the peoples of Asia established under the auspices of the Chang Fo-Chuan Center for the Study of Human Rights in Taipei to promote human rights protection and deliver judgements to Asian governments. Tried first case in July 2019 in Taipei, Taiwan (in the case of Chiou, Ho-shun v. Republic of China (Taiwan), [Application no. 18-01 of Oct.2019].

2. Adviser, Executive Management, Transparency International Bangladesh, to date. Responsibilities include guiding, reviewing and implementing anti-corruption and governance research, communication, policy advocacy and/or other assignments consistent with institutional and programmatic priorities of TIB; assisting in overall project co-ordination and implementation, fund-raising, undertaking substantive editorial work and working to ensure higher level of professional excellence and capacity building of TIB.

3. Member, Governing Board, Foundation for the Development of International Law in Asia (DILA), which was established in 1989 in The Hague (Netherlands) and registered under the Dutch law to promote the study, analysis, dissemination and exchange of knowledge of international Law in Asia, to date. The Asian Yearbook of International Law is published under the auspices of DILA.

4. Member, Executive Committee and Governing Board, Refugee and Migratory Movements Research Unit (RMMRU), a center for evidence-based research and grassroots action focusing on migration, displacement and refugee issues, 1996-2020.

5. Member, Executive Committee and Governing Board, Bangladesh Environmental Lawyers’ Association (BELA), a non-profit legal organisation established to promote environmental protection and justice, to date.

6. Head of Research and Policy Influence in a DFID-funded five and half year project on Community Legal Services (CLS) implemented by Maxwell Stamp PLC, 2012-2013.

7. Instructor, Law Clinic (under the Clinical Legal Education Programme, Faculty of Law, Dhaka University 1996-2005.

8. Resource person for training on child rights and gender issues at the Foundation Course of the Bangladesh Public Administration Training Centre (PATC), Savar, 1999-2000.

9. Resource person for training senior civil servants on Gender Analysis in Development Policy and Planning, PATC, Savar, 1999-2002.

10. Resource person for training women executives at the Regional Public Administration Training Centre (RPATC), Chittagong on Gender and Violence under a UNFPA funded programme on Management Development, November 1999.

11. Resource person on International Law and Human Rights at the Bangladesh Foreign Services Academy, Dhaka, 1998-1999.

12. Member, Task Force on National Policy Review Forum 2003 on Administrative Reform and Local Government under the auspices of Centre for Policy Dialogue, The Daily Star and Prothom Alo.

13. Member, pre-election Task Force 2001 on Administrative Reform and the Strengthening of the Local Government under the auspices of Centre for Policy Dialogue, The Daily Star and Prothom Alo.

14. Resource person for training on international humanitarian law, human rights and rights of migrants in international law in different forums.

15. Resource person on International Humanitarian Law at various teaching seminars organised by the International Committee of the Red Cross (ICRC).

SCHOLARSHIP/FELLOWSHIP/AWARD

• University Grants Commission (UGC) award in the research category for publication of Child Labour Revisited. Gender, Culture, Economics and Human Rights, University Press Limited (UPL), Dhaka, 2011.

• Commonwealth Post-Doctoral Academic Staff Fellowship tenable at the School of African and Oriental Studies (SOAS), University of London, U.K. (October 2006-April 2007).

• Overseas Development Agency (ODA) Scholarship for Ph.D. degree at UEL, Essex (1993-95).