Oxfam Novib/Tisco Microjustice Action Research in association with ASK »

August 12, 2010

Oxfam Novib/Tisco Microjustice Action Research in association with ASK

ASK reports on Bangladesh NHRC »

August 5, 2010

Reconstituted Commission: Time to move ahead

Ain o Salish Kendra (ASK)

• General Overview: Human Rights Issues in 2009

A new hope greeted the year 2009 with a democratic government coming to power on a huge mandate. Naturally people had very high expectations of the new government. In its first year, positive steps taken by the government include setting up a new cabinet which kept out many experienced candidates but whose previous records were not very clean because of allegations of corruption and misuse of power. The government also conducted free and fair local government elections, handled the Pilkhana Carnage with great patience and maturity, resumed the long pending trial of Bangabondhu killing, and started the process for the trials of the 1971 war crimes, among others.

But in some areas the government failed to deliver expected results. For example, though the government stated many times that they will have zero tolerance for extrajudicial killings, it is still rampant. However, it has denied the existence of ‘cross-fire’ incidents, instead describing these as ‘shooting in self defense’. According to the statistics prepared by ASK’s Documentation Unit, in 2009 a total of 229 persons have been killed by law-enforcement agencies, which is comparatively higher than 2008’s toll of 175 persons. Even after the issuance of two higher court rulings against the government, extra judicial killings have not stopped. It must be recalled that when the previous coalition government ministers spoke in favour of ‘cross fires’, the then opposition Awami League strongly criticised these. After they assumed power, the government echoes similar statements on this issue, thus giving rise to apprehensions of serious social instability as allegations of clandestine killings and killings for not getting demanded bribe are being raised against the Law enforcers.

The Pilkhana carnage was a very critical incident that the Government had to face at the very beginning of their tenure. The government succeeded in resolving the crisis through dialogue instead of using military force at an early stage. However, subsequent deaths of BDR members while in military custody has become a matter of concern. According to information obtained from BDR headquarters, 47 persons have died untill the end of 2009 (with some newspapers placing the figure at 53 deaths).

A key element in the election manifesto of the Awami League was the promise to start trials for the 1971 war crimes during the country’s independence struggle. As initial steps, the government announced its intention to set up a trial court, appointed a panel of lawyers, and set up an office for the investigation organization in the old High Court Building. The court was establishedon 25 March but it is still unclear when the trials will commence in reality.

The period around national election on 29 December 2009 saw a number of incidents of attacks by opposition groups on supporters of different political groups in various places around the country.  According to the statistics compiled by ASK’s Documentation Unit in 2009, a total of 41 people were killed and over 4,000 injured due to inter- and intra-party clashes. In addition, clashes took place between the student wings of various political parties in various educational institutions. As a result the academic environment has been severely damaged.

The government has taken the initiative to increase the momentum for the implementation of the 1997 Chittagong Hill Tracts Accord which has been stalled during the previous coalition government.  Noteworthy initiatives include the withdrawal of the army camp in the disputed area and the commencement of a survey for resolving land disputes. The land survey announcement however generated some apprehension that the interests of the indigenous people could be undermined by the method being adopted. Still, there was not much improvement in the human rights situation inthe area. Violence between the indigenous peoples and the settlers continued throughout the year.

With the aim of fulfilling peoples’ right to information and ensuring accountability of relevant authorities, the Right to Information Act was promulgated on 5 April 2010. Although this law was enacted in response to the long-term demands of the public, it has not been implemented until now. On the other hand, journalists especially at the local level have been under pressure from the local influential quarters mostly affiliated with the ruling party. The ASK Documentation Unit recorded four journalists killed and over 250 harassed, threatened or tortured in 2009 in incidents linked with local disputes involving politicians.  Notable incidents include the arrest of Masum, a reporter of the English language daily New Age by Rapid Action Battelion (RAB) and the beating of Abdullah Al Amin Biplob, a local correspondent of a Bangla daily for publishing a news item against the local Member of the Parliament.

Freedom of assembly also remained under threat as demonstrated on2 September 2009 when police violently dispersed the procession of the civil society group, National Committee for Protection of Oil-Gas and Mineral Resources, in which renowned economist D. Anu Muhammad and almost fifty others were injured.

• Independence

A new NHRC Law

After the new Government came to power in early 2009, the Law Ministry was asked to draft a new law on the NHRC. The National Human Rights Commission Bill of 2008 prepared by the Law Ministry contained significant changes from the 2007 Ordinance (See Box). The bill was placed before Parliamentary Standing Committee for further review and to propose several changes. The Parliamentary Standing Committee organized a consultation meeting with NGOs on 6 July during which ASK participated and presented its written recommendations. On 9 July 2009 the parliament passed the ‘National Human Rights Commission Act of 2009’ which was enacted into law by the President on 13 July. It should be noted that some of the recommendations proposed by ASK were incorporated in the new law.

A New Structure

Except for the Chairman, two other members resigned on April 2010. No commissioners were appointed until 22 June 2010. On the other hand, while the Government is supposed to adopt a Rules of Procedure for the Commission, they did not do so. The Rules, that will guide its proper conduct of affairs and in particular to enquiries into complaints of violations of human rights, was drafted by Commission itself,  and as required by the law, sent it to the Government for the approval of the President, who has yet to approve it ..

Immediately after its formation, the Commission prepared its organisational structure, and drafted the Rules for staff recruitment, which was sent to the government. The Commission also drafted the Rules of Procedure. There Rules were likewise submitted for approval by the President as required by the law.

In the absence of an organisational structure the Commission started its work in 2008 with a staff of four: one Secretary, a joint secretary to the government, one computer operator and, an office orderly. The latter three were personnel on secondment from other government offices. After some days the Government withdrew the computer operator and the office orderly without giving any explanation.

Later, the government also deployed on secondment four Secretary-level officials to work as directors and a deputy director at the Commission. Additionally, five staff members from the UNDP’s Access to Justice and Human Rights of the Government Project are working temporarily as NHRC staff.

Membership and Selection

The new Act increased the membership of the Commission from two members to a maximum of six members in addition to the Chairman. Among the six members only one will be a paid member and will work for full time, others will work voluntarily. The composition and number of the selection committee has also been changed. From the previous six members, it has been increased to seven, including the Speaker of Parliament, the Minister for Law, Justice and Parliamentary Affairs, the Home Minister, the Chairman of the Law Commission, a Cabinet Secretary and two Members of the Parliament, one from the ruling party and the other from the opposition. The MP members of the selection committee will be nominated by the Speaker. It is a positive step to include an MP from the opposition. However the quorum can be filled with four persons, who can all come from the ruling party: the Speaker, the two Ministers and the Member of Parliament. This composition has raised questions about partisanship in the NHRC selection process.

• Effectiveness

A Stronger Mandate

The National Human Rights Commission Act 2009 empowers the Commission to inquire suo-moto or “on an application” presented to it by a person affected or any other person on his/her behalf into a complaint of violation of human rights or its abetment by any person, staff of a government agency or public servant. The Commission may also visit jails or other places where persons are detained or kept for correction, custody, treatment, etc., and may make recommendation to the government for improvement of those places and conditions of detention. It may also review conditions as to human rights provided by the Constitution, research laws and international instruments on human rights, and advice the Government on the matter. It also shall encourage and coordinate the efforts of NGOs and institutions working in the field of human rights.

In case of receiving reports of human rights violations, the Commission may take steps to resolve it through mediation and arbitration. Failing mediation the commission may enquire into the complaint. If the allegation is found true, they may recommend appropriate remedies including filing of cases. If the Commission’s recommendation is not complied with, the Commission shall make a report to the President who may place the report to the Parliament for discussion.

The Commission has been empowered to receive complaints of cases of violations committed by members of the law enforcement agencies. However they can only seek a report from the concerned authority in such cases. The Commission has also been given authority to become a party in any case.

Since the National Human Rights Commission has no rules of procedure, it has so far limited its activities to visiting victims and issuing statements. The Commission also does not have its own office yet. It is conducting its office in a rented house with inadequate space and other facilities including the security measures. (See Annex A for a list of NHRC activities, and Annex B for a List of Complaints Handled by the NHRC as mentioned in their report).

• Consultation and cooperation with Civil Society

The Commission has been very cordial in terms of engaging with the relevant members of the civil society, whom it invited on several occasions. It also responded to the invitations made by the latter and took up some cases referred by the NGOs. In a few cases of the allegations of extra judicial killings, the Commission pursued the matter toby forming independent inquiry commissions which included the members from civil society.

• Conclusion and Recommendation

Since the adoption of the National Human Rights Commission Act 2009 on 14 April 2009, the Commission was being run by the chairman only. On 22 June 2010, reaching the age of 70 he has ceased to continue as the Chairman. On the same day Government appointed a new Chairman and as well as full time and honorary commissioners. We now hope that the Commission will be fully operative. But in order to make the Commission more effective, ASKwould like to put forward the following recommendations:

For the Government:

• In order to conduct the activities of the NHRC properly and in particular to conduct enquiries in to the complaints of violation of human rights, the Rules of Procedure and the organogram should be approved immediately.
• The Commission should be allotted its own offices immediately.

Adequate budget should allocate for the Commission and to make it public.

For the Commission:

• The newly appointed commissioners should develop a strategic action plan in consultation with the citizen’s groups.
• The Commission should creatively find ways to maximize its role overcoming the limited mandate.
• In order to accomplish peoples’ trust and support, the Commission should balance its activities in relation with Human Rights Protection and Promotion.

Annex-A

A comparison between the National Human Rights Commission Act 2009 and the NHRC Ordinance 2007

Annex-B

SOME ACTIVITIES OF THE NHRC

4 January 2009

On getting information through the press that a Mro (an indigenous people) leader named Raunglai had been kept in chained condition in hospital, the Chairman and the Members of the Commission rushed to the hospital to visit him and talked to his physician. They took up the matter with the Ministry of Home Affairs. As a result, he was unchained.

14 January 2009

A girl child became victim of acid throwing. On receiving information from the local papers, Members of the Commission went to the hospital to visit the victim and found her burnt with acid all over her body, except for the face. The Commission took up the matter with the authorities to file a case against the perpetratorsand also arranged her proper treatment. The Commission also issued a statement on this issue.

3 February 2009

The Commission came to know that one Abu Masum of Village Surun of Kaligonj Upazilla had been lying in Gazipur Sadar Hospital being vicitim of hot oil thrown on his body. The Chairman along with a Member and Secretary of the Commission rushed to the hospital and visited the victim in deplorable condition and came to learn that a bodyguard of an police officer in the wake of eviction of street hawkers from the street threw hot oil to the victim who had been selling potato chips there. The Commission took serious view of the matter and took up the matter with the Home Ministry for taking action against the offender as a result of which he was immediately closed and departmental proceeding was started against him and better treatment was arranged to the victim.

10December 2009

The commission organized a seminar on ‘Protection and Promotion of Human Rights in Bangladesh: The role of national Human Rights Commission, Law enforcing agencies and NGOs”.

Moreover the commission issued several statements on the issues like border killing by the Indian Border Security Forces (BSF), on extra judicial killing, clash between indigenous people and the settlers, Israeli aggression into the Gaza Strip etc.

The Commission received 112 complaints as of 2 March 2010, out of which65 were already disposed of. Of the remaining complaints, reports have been requested from relevant authorities, and also for enquiries. The pending matters have been fixed for disposal on various dates.

Annex-C (PLEASE OMIT THIS SECTION)

COMPLAINTS RECEIVED AND STEPS TAKEN:

The Commission received 112 complaints as of 2 March 2010, out of which65 were already disposed of. Of the remaining complaints, reports have been requested from relevant authorities, and also for enquiries. The pending matters have been fixed for disposal on various dates.

The pending complaints include:

• An allegation of abduction of a student leader from Barisal for which Police and RAB have been asked to hold enquiries and send reports. Similarly regarding misuse of power by an Officer in Charges (OC) of a Police Station the matter has been referred to Inspector General of Police (IGP) for action.
• On receiving the complaint that Under Trial Prisoners Anis and Ram Krishna have been allegedly kept in chain (Wearing DANDA BERI) for four months in Bagerhat jail the matter has been sent to local District Magistrate for enquiry and report.
• Similarly on the allegation of alleged killing of one Alauddin Howlader during police custody in Barisal in the name of Crossfire, the matter has been sent to IGP for enquiry and report.
• Complaint of abduction of one Rupa Mandal (12) by miscreants and negligence of the Police of Paikgacha Police Station, Khulna has been sent to Inspector General of Police (IGP) for action and report and the matter has been referred to the District Legal Aid Committee headed by the District & Sessions Judge, Khulna for giving legal aid to the victim.
• Complaint of abducting one Delwar Hussain by the Rapid Action Battalion (RAB) and killing him in their custody has been referred to the District Legal Aid Committee headed by the District & Sessions Judge, Dhaka for giving legal aid to the victim.
• Complaint about torturing one Monirul Islam Monir and another Shahidul Islam, day labourers by Paikgacha Police Khulna has been referred to District Legal Aid Committee headed by the District & Sessions Judge, Khulna for giving legal aid to the victims.
• In the complaint of Asian Human Rights Commission, Hong Kong, it is alleged that one Monirul Islam Moral, inspite of being released on bail by the High Court Division of the Supreme Court was illegally taken to custody by the Police of Paikgacha Police Station, Khulna and has been tortured for two days. The matter has been sent to Inspector General of Police (IGP) for action and report compliance.
• Complaint against one Abdul Hussain Sub Inspector of Kaira PS, Khulna for abetting accused Ayub Ali for throwing acid upon Reshma, refusing to marry him, has been sent to the IGP for action and report compliance. The matter also has been referred to the District Legal Aid Committee headed by the District & Sessions Judge, Khulna for giving legal aid to the victim.
• Complaint of one Mrs. Kalpana Bairagi alleging killing of her husband in Police Custody has been sent to the Inspector General of Police (IGP) for action and report compliance.
• Complaint regarding unauthorized occupation of land of some members of the minority community has been referred to the Deputy Commissioner for necessary action and report compliance.
• Complaint of killing in the name of Cross Fire of one Babu son Akkas Ali by RAB has been sent to the Secretary, M/O Home for getting it enquired by a high level independent Enquiry Committee consisting of responsible officer of the status of at least a Deputy Secretary to the Govt., Superintendent of Police and Representative from the Civil Society of the choice of the aggrieved party and for reporting compliance.
• Complaint of torture of one Advocate Nazmul Huq Shah, also a Human Rights Activist, by some Police officers of Dhaka Metropolitan Police (DMP) has been sent to the Commissioner DMP for action and report compliance.
• Complaint of one Advocate Rabindra Ghosh, also a Human Rights Activist, by a Deputy Inspector General of Police has been sent to the IGP for holding a high level Enquiry by any officer not below the rank of Additional Inspector General of Police and for informing compliance.
• Suomoto directions have been issued by NHRC for necessary action regarding alleged murder in Cross Fire of Kaiser Mahmud Bappi asking the Secretary, M/O Home for getting it enquired by a high level independent Enquiry Committee consisting of responsible officer of the status of at least a Deputy Secretary to the Govt., Superintendent of Police and a Representative from the Civil Society of the choice of the aggrieved party and for reporting compliance.
• Suomoto directions have been issued by NHRC for necessary action regarding alleged abduction of one Tushar Islam Tito asking the Secretary M/O Home for getting it enquired by a high level independent Enquiry Committee consisting of responsible officer of the status of at least a Deputy Secretary of the Govt., Superintendent of Police and a Representative from the Civil Society of the choice of the aggrieved party and for reporting compliance.
• Suomoto directions have been issued by NHRC for necessary action regarding alleged murder of Aminul Islam Mintu asking the Secretary, M/O Home for getting it enquired by a high level independent Enquiry Committee consisting of responsible officer of the status of at least a Deputy Secretary to the Govt., Superintendent of Police and a Representative from the Civil Society of the choice of the aggrieved party and for reporting compliance.
• Suomoto directions have been issued by NHRC for necessary action regarding alleged custody of one Md. Sajib and four others and torturing them in illegal Police Custody and the matter has been referred to the Inspector General of Police (IGP) for action and report compliance.
• Complaint against some other Police Officers of Paikgacha PS, Khulna received from Asian Human Rights Commission, Hong Kong has been sent to the Inspector General of Police (IGP) for necessary action and report compliance.
• One Kamrul Hassan lodged Complaint on 14.10.2009 against his employer for terminating his Service without notice and without payment of any compensation. NHRC took up the matter and Succeeded to arrange compensation for him from his employer for which the Complainant expressed gratitude in writing for the prompt effective action of NHRC.

UPR Forum handed over Human Rights Report Card to the Foreign Secretary »

June 23, 2010

One year has just passed since Bangladesh was reviewed by the UN Human Rights Council under its newly established Universal periodic Review (UPR) mechanism. The UPR Forum, consisting of 17 Human Rights and Development Organizations handed over a Report Card to the Foreign Secretary on Wednesday, 23rd June 2010 analyzing the present Human Rights situation in the light of the commitments made by Bangladesh one year ago.

The Government of Bangladesh did accept most of the recommendations made by other countries in the UPR Session held in 2009., after one year UPR forum assessed the positive developments in the field of Human Rights as well as identified the areas of concern based on those commitments. The forum highlighted some positive achievements that include initiatives taken for the trial of the war criminals, resuming the long pending trial of Bangabondhu killing, taking decision to ratify the Rome Statute, inviting some UN Special Rapporteurs, holding free and fair elections, taking initiatives to make the Information Commission and the National Human Rights Commission active. However the forum also highlighted some issues of concern including the rampant incidents of ‘Extra Judicial Killings’ and ‘clandestine killings’; failure to tackle the reckless behavior of the Chatra League; showing discomfort with the criticism by limiting freedom of expression and assembly; steps taken to weaken the Anti Corruption Commission and the Judiciary, slow process to implement the CHT accord etc.

The Foreign Secretary Mijarul Quayes, taking the report in due cognizance, mentioned that the present government is dedicated to facilitate positive initiatives in every sphere of the society. However, pace of such initiatives may not always meet the expectations of the people. Highlighting the role and necessity of engagement with the civil society, he mentioned that, dialogues between government and civil society is essential to ensure transparent flow of information and this would lead the way to reach the desired goal based on conformity.

Sultana Kamal, Executive Director of Ain o Salish Kendra (ASK) led the delegation of the UPR Forum. She said, as citizens of this country we want Bangladesh to retain its positive image. However, when Human Rights violations take place we the citizens also feel responsible and embarrased for that. She further mentioned that when peaceful voices are not given a hearing, people resort to aggressive means. She also stressed on sustained dialogues between the Government and citizens on various issues.

Shirin Akhter, Chairperson, Karmojibi Nari, Dr Iftekharuzzaman, Executive Director , TIB, representatives from Nari Pokkho, Bangladesh Institue of Labour Studies (BILS), Bangladesh Mohila Porishad (BMP)and other members of ASK were also in the delegation.

Follow-up document of the Human Rights Forum on UPR (the Forum), Bangladesh on Developments since February 2009 »

June 7, 2009

GOVERNMENT OF BANGLADESH urged to ensure investigation of war crimes, extra-judicial killings, torture, arbitrary arrest and detention, violence against women, and indigenous peoples, to repeal discriminatory laws, secure economic and social rights, including to freedom from forced evictions, strengthen institutions for protection of human rights, implement CHT Peace Accord

The Human Rights Forum on UPR (‘the Forum’), Bangladesh, a coalition of 17 human rights, women’s and labour and indigenous people’s and development organisations, takes this opportunity to highlight developments since February 2009, noting achievements made, commitments that remain unfulfilled, as well as continuing concerns regarding violations of human rights by the Government of Bangladesh. In this context, the Forum calls on the Government to make specific, time bound and measurable commitments in the UPR outcome document adopted by the Human Rights Council.

Bangladesh’s UPR: February 2009 Session
Bangladesh’s report was reviewed at the Working Group on 3 February 2009. During the review 48 states made recommendations to Bangladesh¹ . A list of questions prepared in advance by 8 states was transmitted to Bangladesh through the Troika. The head of delegation, the Foreign Minister Dipu Moni, responded to some of the questions raised and comments made during the session and announced that Bangladesh would give due consideration to “all the recommendations that are consistent with the expectations of the Bangladeshi people”. The response of Bangladesh to these recommendations will be included in the outcome report adopted by the Human Rights Council on 10 June 2009 at its 11th session.

Bangladesh’s Re-Election to the Human Rights Council
Bangladesh was re-elected to the HRC for a second term of three years in uncontested elections at the UN General Assembly on 12 May following several new pledges. This was despite the failure of the GoB since January 2009 to fulfil many of the pledges made during its first election, in particular regarding strengthening of institutional protection for human rights and for anti-corruption.In particular, the Government has taken no action with respect to recommendations to develop a national human rights programme or to devise a national strategy for delivering justice, to include the police, the judiciary, civil society and government, or to even announce further steps for ratification of international human rights instruments or to bring national laws into conformity with their provisions, or to prioritise capacity building among law enforcement and judicial officers with a focus on women, children and other minority groups. It has taken no steps to involve civil society in the follow up to the February review. In too many cases, in particular of extra-judicial executions and torture, as well as arbitrary arrests, far from bringing about a ‘reassertion of due process’ as claimed by the Foreign Minister in February 2009, the Government appears to be continuing to trample on due process rights with impunity.

This document sets out the key concerns of the UPR Forum, and recommendations for action by the Government:

War Crimes: An inter-ministry meeting on 9 April decided to set up an investigative agency, appoint prosecutors and establish tribunals for the trial of those Bangladeshis who collaborated with the Pakistan Army in killing, raping, looting and burning under the International Crimes (Tribunals) Act, 1973. The Law Commission has just begun a consultation on the 1973 Act.

Extra-judicial killings: Despite electoral manifesto commitments to end extra-judicial executions, and the Foreign Minister’s announcement at the Human Rights Council in February 2009 of a "zero tolerance" policy, such killings have continued to take place with no efforts to announce investigations or appropriate action. Under this Government’s watch, from January to May 2009, at least 25 people have been killed extra-judicially by the Rapid Action Battalion (RAB), Police and Army ². The Government instead of announcing investigations into such cases, has claimed that such forces are entitled to act in self-defence³. The latest killings, on 28 May 2009, of two students in the Jatiyo Sangsad area by RAB only underscores the malignancy which has gone by the name of ‘crossfire’ as not a report was pending against them with any police station.

Following the Bangladesh Rifles (BDR) mutiny and the tragic killing of around 75 persons including 60 officers of the Bangladesh Army, 22 BDR soldiers in custody have died in “suicides" or "heart attacks." In a few cases, bereaved families have alleged that there were marks of torture on the bodies that they received. The Government issued press notes on how to avoid heart attacks or on the incidence of heart attacks among the BDR, and finally established an investigation; however this appears to have no mandate to recommend prosecution of any person found responsible for such a death.

Freedom from torture: Despite a clear prohibition of torture in the constitution, there are no express remedies for torture in law, and there has been no practice of seeking to investigate allegations or prosecute those responsible. A Private Member’s Bill on criminalization of torture and custodial deaths, table on 5 March, remains pending consideration. The Government itself has made no announcement of any legislative plans

Right to Fair Trial: While adopting laws for separation of the judiciary, the Government included one significant exception retaining powers for executive magistrates to be given responsibility for certain cases (under Section 190 of the Code of Criminal Procedure), but with no criteria specified, raising concerns regarding the scope for executive interference. The Government has set up a process for withdrawal of ‘politically fabricated or vexatious cases’; cases submitted for withdrawal including many cases of corruption, and also of serious offences of violence, many involving political leaders. The Committee’s terms of reference appear limited to cases prior to the current Government’s taking office, and it has rapidly withdrawn cases against ruling party politicians. The selectivity of the process, the lack of any public disclosure of the cases, or the criteria for withdrawal, as well as the involvement of Public Prosecutors and Ministers appointed by the current Government, who themselves acted as defence counsel in many of these cases raises significant questions about whether impunity is simply being reinforced.

The Government has announced that it will establish a Judicial Service Secretariat, and strengthen this for full implementation of separation of the judiciary. However, the very low scales of pay for judicial officials and their working conditions remain major obstacles to their functioning freely and independently.

Freedom of expression: In its recent pledges to the Council, Bangladesh claims to have “one of the most independent print and electronic media in the world.” However, the state media remains wholly controlled by the executive, with news reports focusing largely on the activities of Ministers. Private channels are largely owned by political leaders associated with the ruling party or main opposition parties. A senior civil servant was allegedly forced into compulsory retirement following publication of a report that he had written poems critical of the Prime Minister ⁴. No action has been taken to date to investigate attacks by law enforcement agencies or ruling party members on journalists (including incidents under the present Government ⁵, While appreciating the enactment of Right to information law we take note that the Government has not responded to the request for a visit by the Special Rapporteur on the right to freedom of opinion and expression, made in 2003.

Right to Shelter: The GoB has taken no steps to move ahead with implementation of pending rehabilitation schemes including for transfer of a plot of land in Dhaka city. Discovery of irregularities in the implementation of a public private partnership scheme for slum dwellers by a Parliamentary Committee has yet to be followed up with clear actions.

Right to Education: The Forum welcomes the significant initiatives taken to form a Commission to formulate a new Education Policy, ⁶ announce reforms to madrasa education and also to distribute free textbooks up to class nine. ⁷ It also welcomed the announcements to set up a primary school in every village by 2013, and to ensure computerised training compulsory at primary level by 2020 ⁸. However, no steps have been taken to address teaching in the languages of indigenous peoples (Adivasis/Paharis) or education for children with disabilities.

Violence against women: Since January 2009, there have been 73 incidents of rape or attempt to rape, 44 dowry related violence and 6 cases of ‘fatwa’ related violence ⁹. Recent incidents include reports of a ‘fatwa’ being issued by local clerics for public beating of a woman accused of ‘illicit sex’ an of her father; despite prompt action by the Government to make arrests, and provide medical treatment and security to the victim, no direction has yet been given to prevent the pronouncement of such fatwas or clarify that they are wholly illegal. Despite the pervasiveness of domestic violence, and the pendency of a draft law submitted by NGOs to the MoWCA, no steps have been taken as yet by the Government to announce a review of laws and policies to ensure effective redress for such violence. Despite an ongoing UNDP supported Police Reform Programme, reports indicate that police continue not to record reports of such violence, including the incidents of rape, and prolonged court delays as well as the lack of protection for victims and witnesses means that prosecutions often fail. The Government failed to take any steps to adopt guidelines on sexual harassment prepared by a statutory duty, and has to date not yet clarified how it will implement Guidelines recently enunciated by the High Court in this respect

Except for a statement by the Minister for Law regarding reform of Hindu marriage registration laws, the Government has taken no concrete steps to begin reforms on discriminatory personal laws that deny women’s equality rights within the family. While Bangladeshi woman may now transmit citizenship to children born to foreign husbands, they cannot do so to their husbands without a restrictive residency requirement. As yet, no national action plan to combat violence against women has been adopted, nor has any comprehensive step been taken to address wage inequalities or to monitor the availability of maternity leave in all public and private employment.

Child Rights: No significant measures have been taken in response to any of the recommendations on prohibiting all forms of violence against children, including corporal punishment, raising the minimum age of criminal responsibility, initiating a review of domestic law and practice. No steps have been taken to finalise the National Child Labour Policy, drafted during the Caretaker Government. The GoB has announced it will ratify ILO Convention No. 138 on Minimum Age for Employment, but with no timeframe ¹⁰. The GoB has failed to take any steps to revise the earlier National Plan of Action against Sexual Abuse and Exploitation of Children was in place for 2003- 2005.

Minority Rights: While significant appointments have been made to high-level positions, including a Minister, the situation of minorities as a whole remains of concern, The continuing failure address the continuing expropriation of the property rights of minorities as ‘vested property’, including by acting upon existing Supreme Court judgments which declare the Vested Property Act to be a dead law, and to continue with the process of listing of such properties, with a view to their return, which had commenced under the Caretaker Government, is a major concern. No steps have been taken yet for amendment of gender-discriminatory personal laws, which disproportionately impact women from religious minority communities.

Indigenous Peoples Rights: The GoB has finally reconstituted the high level national Committee for implementation of the Accord after a 7-year gap, headed by an MP. It has announced that the Land Commission will be reconstituted and the relevant law amended. However it has not as yet taken any concrete steps to activate the Land Disputes Resolution Commission or to design or initiate any viable process of voluntary relocation of Bengali settlers from the Chittagong Hill Tract, expedite the withdrawal of all temporary military camps, enhance the powers of the civil administration by transferring all the agreed subjects and functions to the Hill District Councils and take all the necessary steps to ensure the full functioning of the Chittagong Hill Tracts Regional Council. It has also taken no steps to investigate or redress human rights violations in the CHT.

Workers’ rights: The Forum welcomes the move to constitute a tripartite commission to review the Labour Act 2006. Despite persistent demands from trade unions, the Government has taken no steps to declare a National Minimum Wage. The Privatisation Board has also declared privatisation of 10 state–owned enterprises, threatening the employment and livelihood security of workers. No specific action has been taken to adopt a national occupational safety and health policy to date.

Vulnerable Groups:

Migrant Workers: The death of 904 Bangladesh migrant workers in the past five months has given rise to concerns ¹¹. While the Government has undertaken diplomatic negotiations to ensure that opportunities for migration are not reduced, it has done little to put in place effective legal protections for migrant workers, or to provide them with necessary information prior to their travel overseas or on return.

Rights of People with Disabilities: The Government has taken some important symbolic initiatives, such as the initiation of sign language on Bangladesh Television, and the
provision of training for visually impaired students at Dhaka university, as well as initiated a process for review of the existing disability rights law. The recent reported withdrawal of World Bank funding for disability rights has given rise to concerns.
Dalit Rights: Caste discrimination remains widespread, despite the constitutional ban. The Government has taken no steps to enact laws or to adopt special measures to address the condition of Dalits, who live on an amount far below the poverty line with extremely limited access to health and education services, poor housing conditions and lack of employment opportunities.
Refugee Rights: The GoB has taken no steps for ratification of the Convention and in the absence of the Birth Registration Act of 2004 there is no express recognition of refugees under national law. However, the GoB has to date refused to allow birth registration of refugee children. Approximately 100- 200,000 refugees are still living outside camps managed by UNHCR in precarious conditions with no form of identification or registration.

Recommendations
The UPR FORUM urges the Government of Bangladesh to announce concrete measureable and time bound commitments to address human rights. This includes announcing clear plans of investigation into ongoing and past human rights abuses, including war-crimes, extra-judicial killings, torture, arbitrary arrests and detentions, and cases of violence against women and minorities and indigenous peoples; prosecution and punishment of those responsible following trials before independent, impartial and competent courts; and providing adequate reparation to victims and their families. The Government should take priority action to consider the pending private member’s bill on remedies for torture. It should also call for a clear roadmap regarding repeal of discriminatory laws, in particular those affecting religious minorities such as the Vested Property Act, amendment of gender-biased personal laws, amendment of laws affecting workers rights, juvenile justice and disability rights to bring them into line with international standards. It needs to prioritise enactment of the Domestic Violence Act, and action to implement the recent Court pronounced Sexual Harassment Guidelines. The Council should call for clear and concrete steps to be announced for the full implementation of the peace accord in the Chittagong Hill Tracts.

Human Rights Forum on UPR, Bangladesh
Ain o Salish Kendra (ASK), Acid Survivors Foundation (ASF), Bangladesh Mohila Parishad (BMP), Bangladesh Institute of Labour Studies (BILS), Bangladesh Legal Aid & Services Trust (BLAST), Bangladesh Dalit and Excluded Rights Movement (BDERM), Centre for Rehabilitation of Torture Survivors (CRTS), D.Net (Development Research Network), Karmojibi Nari (KN), Nagorik Uddyog, Nari Uddoyog Kendra (NUK), Nijera Kori, Nari Pokkho, National Forum of Organizations working with the Disabled (NFOWD), Research and Development Collective (RDC), Steps Towards Development (Steps), Transparency International Bangladesh (TI-B)

Secretariat:
Ain o Salish Kendra (ASK), an NGO with UNECOSOC Special Consultative Status

Name of the main contact person: Sultana Kamal
Phone number: (88-02) 8315851, 9337173
E-mail: ask@citechco.net

¹During the Fourth UPR Session held during 2-13 February 2009.

²ASK Statistics, May 2009.

³See statement by State Minister for Home Affairs, Mr. Tanjim Ahmad, on 6 May that ". . . the government will not allow any kind of extra-judicial killings, but the law-enforcers have the right to self-defence as per the constitution”.

⁴Samakal, 3 March 2009.

⁵An Awami League MP Capt (Retd) Giausuddin Ahmed’s followers reportedly assaulted Abdullah Al Amin, Gaforgaon correspondent of Samakal (Samakal, 12 April 2009).

⁶“Towards a new education policy”, The Daily Star, 13 April 2009.

⁷Shorifuzzaman, “Prothom theke nobom sreni pojonto shobai binamulley boi pabey”, Prothom Alo, 10 May 2009.

⁸“Primary school in every village by 2013”, The Daily Star, 31 March 2009.

⁹Period covers January- March 2009.

¹⁰Statement by Minister for Labour, Employment and Expatriate Welfare announced on 3 May.

¹¹“Bodies of 904 workers arrived in 5 months: 44% due to cardiac arrests”, The Daily Star, 13 May 2009.

ASK CALLS FOR GOVERNMENT TO DEMONSTRATE REAL CHANGE ON HUMAN RIGHTS WITHIN 100 DAYS »

January 1, 2009

DEMANDS GOVERNMENT ESTABLISH WAR CRIMES COMMISSION, INVESTIGATE EMERGENCY PERIOD AND PAST ABUSES, AND CONTINUE INSTITUTIONAL REFORMS IN JUDICIARY AND POLICE

The new Awami League government must demonstrate real commitment to human rights in its first hundred days, Ain-O-Salish Kendra (ASK) told a press conference today on releasing its human rights report, Dashed Hopes, Receding Horizons, New Frontiers, summarizing the human rights record of the Caretaker Government (CTG) in 2008.

This must include taking further the measures already taken by the Caretaker Government to establish the National Human Rights Commission, enforcing the Right to Information Ordinance, furthering separation and independence of the judiciary, taking steps against corruption and undertaking police reforms, including enactment of a new Police Act, as well as adopting laws on domestic violence and sexual harassment.

ASK also called on the new Government to take immediate steps for holding trials for war crimes, by establishing and activating a Commission of Inquiry on war crimes and crimes against humanity committed during the War of Liberation, and seeking the support of the United Nations for this purpose.

Ensuring adequate and impartial investigation of allegations of extra-judicial killings and other human rights violations, including arbitrary arrest, detention and torture, by law enforcement agencies and security forces, including the Armed Forces, RAB and the police, and prosecution of those responsible and reparation for victims, must also be high on the new Government’s agenda, ASK said today. 

In the report, ASK shows how the CTG’s human rights record in 2008 continued to be uneven and inconsistent:

• Whilst the report highlights particular failures this year in the rule of law and state impunity for torture and deaths – it concludes that “under both elected and non-elected Bangladesh governments, impunity for extra judicial executions or custodial torture by RAB or the police has threatened citizens’ rights to liberty” and this government has been no exception.

• The report details how Emergency Power Rules (EPR) provisions authorizing arrest without warrant and preventive detention and imposing a blanket ban on the right to seek bail for anyone arrested under the EPR remained in force until mid-December.  Whilst these powers were invoked against high profile defendants who otherwise remained outside the reaches of the law, there were many reports of their arbitrary use and abuse, and ASK concludes that these powers were unjustified and that urgent redress must be put in place for those affected by arbitrary arrest detention and ill-treatment by recourse to these Rules.

• Government enforcement of restrictions on rights to assembly and to freedom of expression under the state of emergency continued to be disturbingly selective. The report highlights how the government flip-flopped on the relationship between religion and state policy, seemingly capitulating to religious extremists at crucial moments at the expense of promotion of the gender equality or protection of freedom of expression (regarding Islamist groups’ actions against the National Women’s Development Policy and their attacks on statues and on cultural activists).

• The report reveals that the militarization of the bureaucracy and administration continued in 2008, making the possibility of  “de-civilianizing” the army even more remote.

• The report looks critically at the Government’s highly publicized anti-corruption drive launched in 2007. Apart from questioning its selectivity and aggressiveness, the report highlights how the Government appeared to backtrack and intervene in ‘high-profile’ cases involving politicians, so that cases which had been fast-tracked suddenly began to dwindle to a virtual halt.

• The report concludes that the failure to carry through with prosecutions raised serious questions about the process of justice delivery. For example, factual reports appeared in the press noting that a single Bench in the High Court granted 298 bails in one day, averaging an order per several minutes. In contrast many ordinary citizens remained subjected to highly dilatory processes and remaining incarcerated after almost two years. 

• The report highlights how the moves to reform internal party structures had failed to a significant degree. While the Election Commission established disqualifications for candidates as well as pre-conditions for party registration, these criteria were not applied uniformly or rigorously, allowing applications by major parties which made no secret of their failure to comply with the provisions, while refusing to grant the same latitude to those associated with minority concerns. While electoral reforms relating to disqualifications of candidates, and disclosure of personal information, were meant to pave the way for candidates with clean records to compete, many candidates who had been charged with/convicted of corruption stood for elections, in some cases with interim court orders. Persons with affidavits filed before the Election Commission disclosing pending murder charges nevertheless ran for office (with little debate on these issues in the media). ASK’s report concludes that the nomination of candidates with criminal records of this nature appears to indicate a profound disregard by the political parties and politicians for the principles of criminal justice and moral accountability – and needs to be addressed urgently.

• The report also notes with respect to economic and social rights, the continuing reports of slum evictions and the go-slow in the Government implementing its own promises on alternative resettlement. Restrictions on trade union rights in ports, lack of attention to worker safety issues, and continuing failure to redress grievances over payment of arrears or for minimum conditions of work affected workers in the jute and garments industries in particular. Migrant workers’ plight was highlighted as they faced deportation from several countries in the Middle East including Bahrain, Kuwait and Saudi Arabia, with no support services available to them on their return.

• The CHT saw two major positive changes, with new courts being set up and mobile phone networks introduced. However, parties representing Paharis were not able to obtain registration from the Election Commission, no separate electoral rolls were prepared. Instances of land expropriation by Bengali settlers, were reported throughout the year, with the arson attacks in Sajek raising particular concerns. Displacement and land grabbing were major concerns for ethnic minority groups in the plains as well. Here too, state agents in the form of forest department officials, were frequently complicit in eviction, appropriation and the violence that accompanies. Attempts to make further amendments to the law on vested property also stumbled in the face of criticism from informed commentators and affected groups. 

Positive Measures: The report highlight positive measures taken with regard to institutional reforms to further human rights over the last year. The Election Commission developed an electoral roll which was able to include many sections of the community previously excluded, including marginalized linguistic minorities such as Urdu speakers, hijras, bedeys, with special measures to also include persons with disabilities. The National Human Rights Commission was established; the Right to Information Ordinance, albeit with a number of limitations, including major exclusions for intelligence agencies and others, was passed; the Supreme Judicial Commission, although problematic in its initial composition and functioning, put in place a process for making  appointments to the High Court; an attempt was made to reform the laws on contempt of court law; steps were taken to frame regulations on sexual harassment, and at the last moment, a government attorney service was created for lower courts. ASK concluded that these were all broadly positive measures to further respect for law and rights which, subject to review and necessary amendment, could be further deepened and extended by a new government.

Bangladesh: Stakeholders’ Report under the UPR »

September 1, 2008

ASK, as the secretariat to the Human Rights Forum on UPR (‘the Forum’), Bangladesh, a coalition of 17 human rights and development organisations, helped to prepare and submit a joint stakeholders’ report under the UPR to the OHCHR on 1 September 2008……. Read more