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Concurrently ASK carries out advocacy at regional and international level to strengthen the NHRC. ASK is an active member of Asian NGO Network on National Human Rights Institutions (ANNI) who has been working since 2007 to ensure the effectiveness and freedom of human rights institutions by evaluating their activities. Every year it publishes an annual report by evaluating the activities of human rights institutions of the member countries. Member organizations of this network include their own review of the human rights institutions of their countries. From Bangladesh, during the period of 2008 -2016 ASK has been submitting this review. Alongside ASK forwards recommendations to strengthen NHRC under UN Universal Periodic Review (UPR) and other UN mechanisms and also advocates with the government for the implementation of those recommendations at national level.<\/p>\n
In continuation of the initiatives for collaborative efforts towards an independent human rights commission, ASK organizes workshops, dialogues, consultations with different stakeholders.\u00a0 Accordingly, on December 5, 2017 it has organized a Civil Society Dialogue with National Human Rights Commission, Bangladesh (NHRC, B) at CIRDAP auditorium, Dhaka. At the dialogue ASK has presented a \u2018Position Paper\u2019 evaluating the limitations and challenges that are creating obstacles to ensure effectiveness and independence of the commission since its formation in 2009. Besides, ASK\u2019s own observation, insights and recommendations from the ground that has come out of a workshop with human rights defenders and local level activists from different districts were also incorporated to the position paper.<\/p>\n
Kazi Reazul Hoque, Chairperson, National Human Rights Commission, Bangladesh (NHRC, B) was present as chief guest to the dialogue. Along with civil society representatives from Dhaka, 20 Human rights defenders from 14 different districts participated in the dialogue. Dialogue was moderated by Sheepa Hafiza, Executive Director, Ain o Salish Kendra (ASK). Sharif Uddin, Director of Complaint and Investigation- NHRC,B and Sharmeela Rasool, Technical Adviser, Human Rights Programme, UNDP were also present during the dialogue. .ASK\u2019s representative Tamanna Hoq Riti presented the position paper at the event.The position paper lights upon the following issues- <\/strong><\/p>\n
National Human Rights Commission, Bangladesh: The Background<\/em><\/strong><\/p>\n
In 90\u2019s, the civil society and international community strengthened their advocacy initiatives to establish an independent and neutral state institution to ensure accountability of the state. It was also intended that the institution will provide the state with necessary direction and guideline for ensuring human rights. \u00a0And above all, the institution will provide a shelter for the human rights defenders. Consequently, in 1996, the government undertook a project to assess the possibility of establishing a human rights commission. As a part of this project, a draft was prepared with the suggestions made by the stakeholders. But for a long period of time there was no visible development on this. Finally through an Ordinance the structure of National Human Rights Commission was formed in 2007. The Commission\u2019s organgram comprised of one Chairman and two Members, this Commission started functioning on 11 December, 2008.<\/p>\n
After the Election of 2008, in light of the Paris Agreement and in reflection of the constitutional and international commitments of the government to protect human rights, National Human Rights Commission Act, 2009 was proposed in replacement of the Ordinance of 2007. This Act was passed at the National Parliament on 14 July, 2009 National Human Rights Commission, Bangladesh (NHRC,B) was restructured in June, 2010 with one Chairman, one fulltime member and other five honorary members under this Act.<\/p>\n
Jurisdiction of National Human Rights Commission, Bangladesh<\/em><\/strong><\/p>\n
National Human Rights Commission, Bangladesh has a wide range of Jurisdiction. This jurisdiction has been provided from the Constitution of Bangladesh, National Human Rights Commission Act and international agreements in regard to human rights. The preamble of the Act portrays that the aim of this Commission is to protect, develop and ensure human rights. In this respect, foremost jurisdictions of the Commission includes-<\/p>\n
- \n
- Commission can investigate any kind of complaint against human rights violation. Apart from entertaining complaints the NHRC can exercise the power suo motu.<\/li>\n
- The NHRC can ask for report from the Disciplinary Forces or the Law Enforcing Agencies or any of its members on the allegation of human rights violation.<\/li>\n
- The NHRC can visit any jail or correctional centers, custody and such other places and make recommendation to the government thereon for the development of those places and conditions.<\/li>\n
- The Commission can inquire and report a matter being referenced by the Supreme Court of Bangladesh on a writ petition heard by it.<\/li>\n
- The Commission enjoys the power of a civil court in case of any inquiry or investigation.<\/li>\n
- The Commission is empowered to appoint mediators according to established rules to dispose of a dispute relating to violation of human rights.<\/li>\n
- In case of non-compliance of the reports and recommendations the Commission can bring the matter to the notice of the President who shall cause it to be laid before parliament.<\/li>\n
- The Commission can ask for information from governmental authorities on any alleged violation of human rights and the government is required to give the information. In case of failure to provide information the Commission can start to work on its own initiative.<\/li>\n
- Even the Commission itself can lodge application to the High Court Division if the case fits with the conditions of filing writ petitions under the constitution.<\/li>\n
- Apart from suggesting legal remedy, the commission is endowed with the power to recommend the government to provide temporary grant to the aggrieved person or his family.<\/li>\n
- The commission can publish the inquiry report fully or partially at its own satisfaction.<\/li>\n
- The witnesses before the Commission are protected for their deposition.<\/li>\n
- Conducting research on various international documents relating to human rights and provide government with necessary recommendations to enforce them.<\/li>\n
- Playing role to maintain the coherence between International Humanitarian Laws and Domestic Laws.<\/li>\n
- Conducting research on Human Rights situation of the country.<\/li>\n
- Creating awareness through massive publicity and publications.<\/li>\n
- Providing training for law enforcing agency members and other persons concerned regarding the protection of Human Rights<\/li>\n<\/ul>\n
Barriers of NHRC and the Expectations of Civil Society<\/em><\/strong><\/p>\n
The National Human Rights Commission is a \u2018Statutory Institution\u2019. People have a lot of expectations from such institutions. And they get frustrated when there are differences between expectation and reality. Civil Society that has been working for so long does not want this institution to be questioned. Still there are a number of shortcomings both in the founding Act and practice that need to be addressed.<\/p>\n
- \n
- Limitation of Existing Laws<\/strong><\/li>\n<\/ol>\n
According to the Global Alliance on National Human Rights Institutions (GANHRI), National Human Rights Commission is in the \u2018B\u2019 category now. This commission is responsible for protecting and developing the human rights situation in Bangladesh and in light of Paris Agreement, a national human rights commission is expected to play all kinds of active role needed. But there are few lacunae and limitation of the existing laws in Bangladesh which is an obstacle for the NHRC to get into \u2018A\u2019 category which are as follows:<\/p>\n
- \n
- Inadequate definition of Human Rights<\/li>\n
- Lack of transparency in the selection process of the members<\/li>\n
- Limitation in enjoying full economic freedom<\/li>\n
- Limited jurisdiction in investigating violations of human rights by law enforcing agencies i.e. police and security forces.<\/li>\n<\/ul>\n
The limited jurisdiction in investigating violations of human rights by law enforcing agencies i.e. police and security forces is reflected in section 18 of the Human Rights Commission Act, 2009. The section states that \u2018Notwithstanding anything included in this Act, the Commission can ask for report from the Government through own initiative or application in case of any complaint made against any law enforcing agency or any member thereto.\u2019 \u00a0<\/em><\/strong>Mostly this section is being interpreted in the sense that the Commission will not be able to investigate. It can only ask for reports from concerned authority in case of any complaint made against law enforcement agencies relating to enforced disappearance and extra judicial killing. We believe that, a progressive and harmonious interpretation of this section does not limit the jurisdiction of investigation (which might be done in a different way) and playing a significant role. Simultaneously, we call for a clarification of the power given by this section to the government.<\/p>\n
Then again, in order to ensure the freedom of NHRC, the National Human Rights Act, 2009 has given the power (Section 30) to make rules (for the Commission) to the Commission. Any rules made by the Commission shall be approved by the President. In case of having no secretariat of its own, the Commission has to send the draft of the Rules to Ministry of Public Administration and Ministry of Law, Justice and Parliamentary Affairs for assessment. This particular process has weakened the freedom of NHRC whereas strengthened that of the Executive organ. For instance, NHRC had to wait for three long years (2008-2011) and do a lot of compromise for getting approval of their \u2018Human Resource Rules\u2019. This basically hampers the freedom and sovereignty of the commission. Apart from \u2018Human Resource Rules\u2019, NHRC could not advance much to enact other rules such as Mediation Rules or Complaint Management mechanism Rules which are indeed very necessary for exercising the jurisdiction of the Commission.<\/p>\n
- \n
- Enacting Laws for Safeguarding the Human Rights Defenders (HRDs)<\/strong><\/li>\n<\/ol>\n
- \n
- The Commission has not established any desk as well as it has not appointed any focal person to provide protection to the HRDs.<\/li>\n
- There is no visible systematic progress of preparing any draft law for protection of human rights defenders and approval of such by the Commission though it is under their jurisdiction.<\/li>\n
- During past few years there have been a number of incidents which included attacks and murders on bloggers, online activists, free thinkers and LGBT rights activists by both government and private people. In most of the cases real culprits are out of the scene and the advancement of trial is snail-paced. We demand for a strong and effective role of the Commission in this matter.<\/li>\n
- The abuse of Section 57 of the ICT (Amendment) Act, 2013 has created a scary situation for exercising freedom of expression and has created an atmosphere of self censorship among human rights defenders, journalists and general people. We do not have the knowledge of the fact whether the Commission has proposed the government to repeal this section. Concurrently CSOs has been opposing strongly against the step of the government to include same kind of provision in Digital Security Act by repealing Section 57. We expect a proactive role of the Commission in this regard.<\/li>\n<\/ul>\n
- \n
- Assessing Draft Laws and Harmonizing with International Human Rights Standard<\/strong><\/li>\n<\/ol>\n
The NHRC has the jurisdiction to draft new laws and it can also provide suggestions to the government to enact new laws as per international human rights standards. It can evaluate draft laws initiated by the government whether it goes with the international human rights standards. Though NHRC played a significantly positive role to amend Child Rights Act and Rights and Protection of Disabled Persons Act, we are frustrated about the fact that NHRC did not criticize or propose for any amendment in regard to Anti Terrorism (Amendment) Act, 2013, ICT (Amendment) Act, 2013 and Digital Security Act (proposed). Contemporarily, for a long period time, Anti Discrimination Act is yet to be approved. In this regard, the civil society expects that NHRC will keep reminding the Government for approving the Law as soon as possible.<\/p>\n
- \n
- Initiative of the Commission to stop Extra Judicial Killing (EJK) and Enforced Disappearance (ED)<\/strong><\/li>\n<\/ol>\n
In order to stop extra judicial killing and enforced disappearance the Commission has proposed two very necessary recommendations- to stop law enforcing agencies from going on actions in civil dress and to keep minimum two witnesses while conducting any action and arresting. The government did not take these suggestions into account.We strongly advocate for the Commission to ask the government in order to form an independent commission. Simultaneously, the Commission shall arrange for a public hearing where the keens of the victim and witnesses can state the incident.<\/p>\n
- \n
- Engagement with UN Human Rights Mechanism and Follow Up:<\/strong><\/li>\n<\/ol>\n
During last couple of years, the Commission has increased its engagement with the UN Human Rights Activities and also submitted reports in contractual activities which is highly praiseworthy. Under the Universal Periodic Review of UNHRC, NHRC has submitted two consecutive reports regarding the human rights situation of Bangladesh. To take a place of its own and to consult with the civil society and concerned organizations before submitting the report by the Commission is undoubtedly a milestone. But in the second phase, we did not see any reconsideration or reviewing by the Commission while implementing suggestions given in 2013. We would expect that after the third cycle of UPR, Commission would portray its own review and would recommend the government to implement the suggestions.<\/p>\n
For the first time ever in March, 2017, UN Human Rights Committee reviewed the progress of implementation of International Covenant on Civil and Political Rights (ICCPR) in Bangladesh. NHRC also submitted a report under this review process. But we did not get any reaction from NHRC after the review session was finished. We do not even have any information about whether NHRC is doing any advocacy with the government for implementing the final observation of the Committee or not. We are definitely thankful to the Commission for getting involved in the UN Human Rights mechanisms and simultaneously request the Commission to examine the processes to speed up the entire system.<\/p>\n
- \n
- Appointing in Deputation (or on temporary basis) From Public Administration:<\/strong><\/li>\n<\/ol>\n
From the very beginning of NHRC, the Secretary, Directors and Deputy Secretaries were appointed in Deputation (or on temporary basis) from Public Administration. At that point of time, it was important to appoint experienced members but this process has created a lengthy and tiresome complexity. The process is also considered as a barrier to improve the capacity of the NHRC staffs. Moreover, this practice is conflicting with the standard that is \u2018no officer of higher level shall be appointed on deputation\u2019 given by SCA of GANHRI.<\/p>\n
- \n
- Electing Members of NHRC<\/strong><\/li>\n<\/ol>\n
The standard created in reflection of Paris Agreement and observations made by GANHRI is not being followed by the election process of NHRC. The general commentary of GANHRI clearly states that the election process must be fair, the vacant positions must be promoted and a consultation to a wide range must be made in case of assessment and appointment.<\/p>\n
In line to Paris Agreement, the inclusion of diversity of the members along with women has been made sure in NHRC. But in case of electing and appointing the members of the NHRC, the selection committee did not consult nor did publish any public announcement for open discussion with the civil society. ASK invited the head of the selection committee to let all the human rights organization and civil society get involved into the process of a fair and transparent election process but no response was found.<\/p>\n
Furthermore, it shall be taken into consideration to ensure the effective role of the honorary members in NHRC.<\/p>\n
- \n
- Emphasizing on Promotions of Human Rights than Prevention and Cure:<\/strong><\/li>\n<\/ol>\n
NHRC takes positive step in case of violation of human rights. The statements issued by NHRC, inspection of different locations, seminars, round table dialogues etc. reflects the concern of NHRC. We have seen the Chairman of NHRC to visit the scene of violation of human rights and talk to the journalists at press conference. Still in our observation we found that the NHRC was emphasizing on the promotions of human rights than prevention and cure.<\/p>\n
- \n
- Role of NHRC in Protecting the Rights of Minority<\/strong><\/li>\n<\/ol>\n
In the case of minority we have seen that minorities have been victims of organized crimes. Apart from these preplanned and organized crimes, the minority people are being threatened and their properties are being looted at local level. We do not have any knowledge of Commission recommending the government to ensure the safety of minority people. We expect that the NHRC would recommend some specific and planned measures to the government and continue effective rapport for implementing them.<\/p>\n
- \n
- Publicity<\/strong><\/li>\n<\/ol>\n
The office of the NHRC was shifted on January of 2017 but this news of shifting and new address is still unknown to mass people.<\/p>\n
In this regard from the Civil Society following recommendations have been raised :<\/p>\n
Recommendations to the Government of Bangladesh<\/em><\/strong><\/p>\n
- \n
- Amend the National Human Rights Commission Act, 2009 as soon as possible in order to eliminate the limitations and strengthen the Commission, especially-<\/li>\n
- To ensure the representation of civil society in selection process.<\/li>\n
- To provide jurisdiction to investigate the cases of human rights violation by law enforcing agencies.<\/li>\n
- Take necessary steps to let NHRC work independently as an institution so that it can lift up NHRC to the level of a dignified national institution and simultaneously internationally commendable institution.<\/li>\n
- Allocate adequate amount of money and delegating the power to use the money independently so that the dependency on the donations might be lessened.<\/li>\n
- According to the Paris Agreement, the selection process should be given an institutional form. A policy should be taken specifying how the interested persons can express their interest, on which criteria they will be selected and how independently can the selection committee work and that most importantly, that policy should be promoted among mass people.<\/li>\n
- The recommendations should be implemented with proper importance so that the complaint filing mechanism becomes more effective.<\/li>\n
- To take into consideration the suggestions, comments and recommendations made by the NHRC and bring a change in the State\u2019s decision if needed. All concerned ministries, departments etc. should be informed about the jurisdiction of NHRC and ask them to consider the recommendations from the NHRC with adequate importance.<\/li>\n<\/ul>\n
Recommendations to National Human Rights Commission:<\/em><\/strong><\/p>\n
- \n
- Adopt relevant, appropriate and implementable strategic plan for the Commission;<\/li>\n
- Take a role in the cases of human rights violations in every necessary and possible ways through appropriate application of National Human Rights Commission Act 2009;<\/li>\n
- Make an effort to improve the efficiency of the Human Rights workers and developing an active protection system by establishing different desks for them;<\/li>\n
- Emphasize the programmes on Human Rights with the law enforcement agencies and other state institutions;<\/li>\n
- Formation and publication of the rules of the commission regarding the management of complaints;<\/li>\n
- Seek the attention of the Government and related authorities to the recommendations to differentiate the role of the commission and playing an active role in the implementation of the recommendations;<\/li>\n
- Take steps to increase the visibility of the Commission through announcing official stance and statements etc; letting general people know about the Commission and its activities through media and social networking sites;<\/li>\n
- Increase efforts to secure Human Rights;<\/li>\n
- Ensure financial independence, transparency and accountability through the steps mentioned hereby:<\/li>\n
- Authority to spend the budget and allocations from own sector and directly from the Parliament;<\/li>\n
- Fully ensuring the financial transparency by publishing the description of the allocations and expenditure of the Commission;<\/li>\n
- Conducting annual financial audit and publishing it;<\/li>\n
- Preparing plans and strategies to spread it throughout all the divisions of Bangladesh with rating the priorities to establish offices in the divisional cities and taking necessary steps to implement them;<\/li>\n
- Readjust the annual plan of action plan on the demands of the commission and the work and responsibilities of every member;<\/li>\n
- Effective recommendations should be made to the authority on behalf of the National Human Rights Commission with the goal to abolish the law on appointment and transfer of the Secretary and other senior administrative posts on ad hoc basis. The commission should provide a draft of the terms of reference on the basis of competitive selection and making public advertisements upon the appointment of those posts;<\/li>\n
- Make different thematic committees more effective; follow up the decisions taken in the meeting in a systematic way;<\/li>\n
- Establish offices in other divisional cities alongside Rangamati and Khulna so that the people of root-level can reach the Commission.<\/li>\n<\/ul>\n
Following the presentation of the position paper the participants took part by active discussion on different issues and raised some major concerns before Kazi Reazul Hoque Chairperson, NHRC, B.<\/p>\n
The Chairperson responded to the concerns and questions raised by the discussants. He emphasized on the point that the Commission is always concerned about the safety of human rights activists. He further added that from January, 2018 the NHRC will start serving them with a toll free hotline number. He furthermore stated that there should not be any provision like 57 of the Information and Technology Act in the proposed Digital Security Act or any other new law. People, especially journalists, should not be barred from writing independently. He also informed the audience that the NHRC has been always vocal against misuse of section 57 adding that there were many reasons for incorporating the section but there were more apprehension of its misuse. Regarding enforced disappearance, he said that the NHRC had sent official letters to the concerned government institutions and even to the Ministry of Home Affairs (MOHA) about the victims of enforced disappearance or missing incidents. He added that many of the victims for whom they sent letter had returned to their families. Finally he reinforced the fact that \u2018it is the responsibility of the state to find out a man who goes missing and to punish people found guilty in the incidents\u2019.<\/p>\n
The dialogue was concluded by a vote of thanks by Sheepa Hafiza, Executive Director, Ain o Salish Kendra (ASK).<\/p>\n","protected":false},"excerpt":{"rendered":"
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- Publicity<\/strong><\/li>\n<\/ol>\n
- Role of NHRC in Protecting the Rights of Minority<\/strong><\/li>\n<\/ol>\n
- Emphasizing on Promotions of Human Rights than Prevention and Cure:<\/strong><\/li>\n<\/ol>\n
- Electing Members of NHRC<\/strong><\/li>\n<\/ol>\n
- Appointing in Deputation (or on temporary basis) From Public Administration:<\/strong><\/li>\n<\/ol>\n
- Engagement with UN Human Rights Mechanism and Follow Up:<\/strong><\/li>\n<\/ol>\n
- Initiative of the Commission to stop Extra Judicial Killing (EJK) and Enforced Disappearance (ED)<\/strong><\/li>\n<\/ol>\n
- Assessing Draft Laws and Harmonizing with International Human Rights Standard<\/strong><\/li>\n<\/ol>\n
- Enacting Laws for Safeguarding the Human Rights Defenders (HRDs)<\/strong><\/li>\n<\/ol>\n
- Limitation of Existing Laws<\/strong><\/li>\n<\/ol>\n