The Human Rights Commission has to be independent and neutral
On 26 th February, 2008 several human rights' bodies expressed concern that the National Human Rights Commission Ordinance, 2007 may not ensure independence, transparency, accountability and effectiveness of the institution.
They urged the Government to consult with human rights groups, professionals and other citizens and make necessary amendments to the ordinance to ensure that the proposed Institution could be an effective mechanism for protection and promotion of human rights.
Advocate Sultana Kamal, Executive Director, and Sayeed Ahmad of Ain o Salish Kendra (ASK), Hameeda Hossain, Co-Chair of South Asians for Human Rights, Shaheen Anam, Executive Director, Manusher Jonno Foundation, Khushi Kabir, Coordinator, Nijera Kori, Taslimur Rahman, Executive Director, Bangladesh Legal Aid and Services Trust, Sheepa Hafiza, BRAC Director were present at the conference.
Advocate Sultana Kamal said "We do not want an ineffective Commission that cannot take deterrent action against violators". She regretted that the government did not hold consultations with human rights defenders prior to the gazette notification of the Ordinance.
Several concerns that the selection process would not lead to establishi an independent and neutral Commission. A selection committee would recommend two names against each post.
The selection committee will include a judge from the Appellate Division of the Supreme Court, cabinet secretary, attorney general, comptroller and auditor general, Public Service Commission chairman and the law secretary.
"Dominance of executive in the selection committee is clear. The rule of completion of the quorum with four members strengthens its dominance. The representation of the parliament is also absent here," Sayeed Ahmad said.
Representation of the underprivileged in the selection committee has also been denied in the ordinance and the appointment of any public servant under deputation is also not a positive sign. Furthermore, if the rule remains that quorum will be complete with the chairman and a member, it is apprehended that power will be centralized with the chairman. Considering the very practical ground the number of commission members should be at least five including one woman, he said.
Moreover, the speaker also pointed out that the ordinance says a human rights commission fund will be created and the government and the local authorities will provide funds annually. The meaning of "local authorities" is not specified yet. The most important instrument for making the Human Rights Commission accountable is its annual report, which has to be published and made public. "It, however, appears that the ordinance prefers not to make its reports public."
The Human Rights Commission Ordinance defines human rights as the fundamental rights described in the constitution and in various international conventions ratified by Bangladesh and recognised by the national laws.
"This means the fundamental principles of state policy enshrined in the constitution--economic, social and cultural rights--are excluded in the ordinance," the human rights activist said adding that this does not go with the international obligations of amending the state laws to uphold human rights.The human rights commissions' one important task is to monitor the overall human rights situation and make its concerns and recommendations public, but the ordinance has not mentioned any such points, he noted.
Mentioning the types of human rights violation allegations the commission would investigate, he said, "We think allegations of state or government organisations' negligence in resisting human rights violations should also come under purview of the commission investigation." In addition to that the ordinance said the cases under trial in the court will not come under the purview of the Human Rights Commission. And definitely this will make the area of the commission very narrow and make it ineffective.
As a function of the commission, the ordinance says, it will make necessary recommendations to the appropriate authorities for uniformity of the proposed laws with the international human rights laws.
The speaker also opined that the commission should check whether the existing and proposed laws go in line with international human rights laws. In other countries, human rights commissions act as a supplementary organization to the court. "We propose-while inquiring into complaints the commission be given powers of a civil court trying a suit under the code of civil procedure included in the civil procedure code," he said.It is important that the Human Rights Commission works in coordination with the NGOs and the civil society but the matter of concern is that the Human Rights Commission Ordinances, 2007 says the commission will coordinate the activities of the NGOs, Sayeed added
And at the end of the Press Conference all the Human rights activists expressing a hope to work consistently for promote and ensure the rights of the people and do advocacy with government for necessary amendment of the of the Ordinance on NHRC.
National Human Rights Commission Ordinance 2007Rights bodies criticise obstacles in proposed ordinance
H uman rights organisations expressed concern saying that the proposed National Human Rights Commission Ordinance 2007 will not ensure transparency and independence of the commission, as it sets many conditions in publishing its reports and its selection committee is too dependent on the executive. The rights bodies said the definition of human rights in the ordinance is also not comprehensive as it excluded economic, social and cultural rights that are enshrined as key pillars in the constitution of Bangladesh.
Ain O Salish Kendra (ASK), Transparency International Bangladesh (TIB) and Bangladesh Legal Aid and Services Trust (BLAST) made the observations at a joint press conference at Dhaka Reporters Unity. ASK Coordinator Sayeed Ahmed read out the joint statement. "The issue of Human Rights Commission is very crucial. If it is non-functional, it will be dangerous. It is very important to be careful before creating the commission," said ASK Executive Director Advocate Sultana Kamal. Welcoming the approval of the HR Commission Ordinance 2007 by the Advisory Council of the Caretaker Government, she said the HR bodies had made some recommendations after the draft ordinance was prepared, but those were not incorporated in the ordinance. "We strongly propose that this ordinance be consulted with various stakeholders and grassroots level people," Sultana Kamal, also former adviser to a caretaker government said.
TIB Executive Director Dr Iftekharuzzaman said there are many examples of establishing institutions with great expectations, but those ultimately became non-functional due to some loopholes in regulations and structures. Citing the example of the now defunct Bureau of Anti-Corruption, he said loopholes in recruitment process and the government's control over it had turned the Bureau non-functional. "If the same thing happens in the case of the Human Rights Commission, it will be nothing but a waste of public money. We want the commission to be independent and effective," Iftekharuzzaman said adding that there must be a provision ensuring that the HR commission publishes its annual report with details of all its activities for better transparency. He said the civil society organisations could help the government prepare a draft HR Commission Ordinance in consultation with the stakeholders and mass people.
BLAST Executive Director Taslimur Rahman said the commission might face problems it is heavily dominated by bureaucrats. Reading out the statement, ASK Coordinator Sayeed Ahmed said the HR Commission Ordinance 2007 must adopt a wider definition of human rights to include political, social, economic, cultural and all other rights that are necessary for the development of the citizens.
According to the draft HR Commission Ordinance, a six-member selection committee would propose two names for each of the three-member commission. These six-member selection committee would consist of a justice from Appellate Division of the Supreme Court, a cabinet secretary, the attorney general, the comptroller and auditor general, the chairman of Public Service Commission and the law secretary.
"This selection committee is too dependent on the executive branch of the state. We demand participation of the civil society in the committee who worked to uphold human rights for a long time," the statement said. Inclusion of at least one female member in the commission must be ensured by the law, it said, adding: "We want reflection of opinions of all people irrespective of ethnicity, religion and sex." Sayeed Ahmed said as there are possibilities that the state would be all the more blamed for violating human rights, effort to solve the problems only through arbitration or compromise is a constricted idea. "A detailed description of the commission's power to investigate and its procedures therefore is necessary," he said.
According to the HR Commission Ordinance, the commission would not consider the issues already under trial and as a result, the area of the commission will be very constricted, leaving the possibility that the commission might turn non-functional, Sayeed Ahmed read out from the statement. “We think the complaints of negligence in resisting violation of human rights by government organisations should also come under the purview of the commission," the statement said. The commission should be given the power to make recommendations whether all national laws are in line with international laws to uphold human rights, it added.
Source: The Daily Star Law Page, 5 January 2008