Title: Prospects and Challenges of Human Rights in Bangladesh

Study Course: Human Rights in Bangladesh Semester-2

Submitted to:

Khan Ferdousour Rahman

Submitted by:

Shankor Paul
Class Roll No: 4 Batch No: 10 Masters of Human Rights Law (MHRL) Dhaka International University (DIU) Banani, Dhaka, Bangladesh

This assignment is submitted as an integral part of the course of study (204) titled Human Rights in Bangladesh under the Second Semester of MHRL program at DIU

Table of Contents

List of Abbreviations.......................................................................................................................2 1.0 Introduction...............................................................................................................................3 2. Instruments of Human Rights adopted by Bangladesh...............................................................3 2.1 International Instruments......................................................................................................3 2.2 National Legal instruments...................................................................................................3 3. Prospects of Human Rights in Bangladesh.................................................................................4 3.2 Enforcement of laws, Acts and Policies ...............................................................................4 3.3 Independence of Judiciary....................................................................................................5 3.5 The Commissions..................................................................................................................5 4. Challenges in context of Bangladesh..........................................................................................5 4.1 Extra judicial killing..............................................................................................................5 4.3 Withdrawn of criminal cases (with political consideration).................................................6 4.4 Political violence...................................................................................................................6 4.5 Corruption.............................................................................................................................6 4.6 Freedom of media ................................................................................................................6 4.7 Border Killings......................................................................................................................6 4.8 Illegal Fatwa..........................................................................................................................7 4.9 Violence against women.......................................................................................................7 4.10 Freedom of Peaceful Assembly and Association................................................................7 4.11 Rights violation of ready-made garments workers.............................................................7 5. Conclusion...................................................................................................................................7 6.0 Recommendations.....................................................................................................................8 7.0 References:................................................................................................................................8 U.S. Department of State: Human Rights Report 2011 -------------------------------------------------8

List of Abbreviations

CEDAW CPI CRC CSO ICCPR ICESCR MDG NGO NPA RAB UDHR UN

= Convention on the Elimination of Discriminations Against Women = Corruption Perception Index = Conventions on the Rights of the Child = Civil Society Organisation = International Covenant on Civil and Political Rights = International Covenant on Economic, Social and Cultural Rights = Millennium Development Goals = Non Government Organisations = National Plan of Action = Rapid Action Battalion = Universal Declaration of Human Rights = United Nations

Shankor Paul/Assignment-1/Course: 204/ Semister-2: Dhaka International University

1.0 Introduction
The assignment is specially focused on the state of Human Rights in terms of prospects and challenges in Bangladesh and so it requires a comprehensive analysis of existing situation of Human Rights, it prospects and upcoming challenges for promotion and protection of human rights of the people in Bangladesh. The term Human Rights contains a set of legal and moral rights that can be claimed by any person as human being. These rights come with birth and are applicable to all people throughout the world irrespective of their race, colour, sex, language, political or other opinion. Human rights therefore characterise as universal, inalienable, inherent and indivisible that have a common focus of protecting life of the human being with dignity. The concept of Human Rights firstly revealed in the Universal Declaration of Human Rights (UDHR) in 1948 by UNO where 25 human rights are entitled to as human rights. Human rights are stipulated in the Constitution of Bangladesh, written in 1972. In particular, the Part-III of the Constitution stipulates eighteen fundamental rights of which of 17 are taken from the Universal Declaration of Human Rights (UDHR). Therefore, the constitutional obligations made a platform for Bangladesh Government to ratify the core international human rights conventions and treaties for the protection and promotion of human rights. It enables Government of Bangladesh to translate international agreements into domestic law. It obliges all branches (i.e. Executive, Legislative and Judiciary) of Government to respect and ensure the rights it enunciates.

2. Instruments of Human Rights adopted by Bangladesh

Bangladesh adopted a numbers of international and national legal frameworks to promote and protect human rights and fundamental freedom of all citizens. 2.1 International Instruments o Bangladesh acceded to the International Covenant on Civil and Political Rights (ICCPR) on September 6, 2000. o Bangladesh accessed to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on 5 Dec. 1998. o Bangladesh accessed to the Convention Against Torture and other Cruel Inhuman or Degrading Treatment or Punishment (CAT) on 5 Oct. 1998. o Bangladesh ratified the Convention on the Rights of the Children (CRC) on 26 Jan. 1990. o Bangladesh is the signatories of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) on 7 Oct. 1998. o Bangladesh accessed to the Convention on the Elimination of All forms of Discrimination against Women (CEDAW) on 6 Nov. 1984 and also ratified the OPCEDAW on 6 Sept. 2000. 2.2 National Legal instruments National legal rights are protected by the constitution, national laws and national rules and regulations of Bangladesh. It can be articulated with: Firstly: Bangladesh Constitution guaranteed fundamental rights of all its citizens without making any distinctions. Secondly: National law of Bangladesh protect every citizen as part of their civil rights (in line with Constitution). Civil rights are set out in the Civil Codes, the Penal Code and the Labour Code.
Shankor Paul/Assignment-1/Course: 204/ Semister-2: Dhaka International University

Thirdly: Fourthly:

The rules and regulations of the Government that provides detail descriptions of some specific rights of the people, such as: rules and regulation on the local government functionaries and various Acts. There are some cultural and social norms and values, which are linked with specific rights of the people.

However, the direction of national and instruments of Human Rights have made obligations for Bangladesh to take necessary initiatives for promotion and protection of rights of individuals or groups of people within the territory of the country. As an example: Article-6 and Article-2 of the ICCPR made obligations for Bangladesh to ensure the right to life of its people and to ensure prompt and effective reparation where violations occur. It is also obliged to bring legislation into conformity with the ICCPR. Article 32 of the Constitution of Bangladesh protects the fundamental right to life and liberty, stating that: "No person shall be deprived of life or personal liberty, save in accordance with law." But in reality, this has not been implemented and this most fundamental right is being repeatedly violated with complete impunity. On the other hand, Article- 35(5) of the constitution of Bangladesh and Article-5 of the Universal Declaration of Human Rights reveals that No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. And Article-3 of the constitution of Bangladesh pointed out that Everyone has the right to life, liberty and security of person. But, in practice, Bangladesh does not ensure the right to life and has not complied with the Universal Declaration of Human Rights and the constitution of Bangladesh. On the other hand, Article-28 (2) provides the right to equality between men and women in all spheres of public life, and Article-10 refers to take steps to ensure women's participation in public life. It authorizes, but there is still a disparity between men and women in their participation in public and private life.

3. Prospects of Human Rights in Bangladesh

The prospects of human rights in Bangladesh can be articulated through the following dynamics: 3.1 Rule of Law Rule of law is the most essential element for protection of Human Rights. It implies the absence of arbitrariness in the governance of a country. Law is considered as supreme and none can claim exemption or immunity from it. Article 32 of the Constitution of Bangladesh guarantees fundamental rights, a persons rights to life and liberty. But the reality is that the state of rule of law in Bangladesh is unquestionable terrible. There can be cited thousands of examples of the deteriorated image of rule of law currently occurring in Bangladesh. The most dangerous thing is even the law enforcing agencies or defence officials get into involved in various forms of crime. Law is being violated with the sponsorship of ruling political party or parties. 3.2 Enforcement of laws, Acts and Policies Bangladesh has introduced a numbers of Laws, Acts and legal policies (i.e. national women policy, 2011; national children policy, 2011) in relation to promotion and protection of human rights of the people. Example: The Women and Children Repression Prevention Act (amendment in 2003) The Dowry Prohibition Act of 1980 prohibits the taking or giving of dowry The Acid Crimes Prevention Act 2002 The Child Marriage Restraint Act, 1929 The Dowry Prohibition Act, 1980 In spite of these laws, acts and policies, the trend of violence and crimes is increasing day by day in Bangladesh. This is because there is a serious lack of enforcement of the law, by the police, by the lawyers and other relevant authorities. The poor enforcement of laws is always victimizing the poor people of the country to get protection of the laws.

Shankor Paul/Assignment-1/Course: 204/ Semister-2: Dhaka International University

3.3 Independence of Judiciary Independence of judiciary means a fair and neutral judicial system of a country. This can afford to take its decisions without any interference of executive or legislative branch of government. This independence is affirmed and declared by Art. 94(4) and 116A of the Constitution of Bangladesh. The Appellate Division in the Masder Hossains case observed: The independence of judiciary as affirmed and declared by Art. 94(4) and 116A, is one of the basic pillars of the Constitution. But after 35 years of struggling for independence of judiciary, the judiciary of Bangladesh finally separated from the executive (in 2007). The reality is that the independence of judiciary is on the paper, and still the Judges are appointed and promoted based on their loyalty to the ruling political party. This is, however, not creates a new trend of judiciary in Bangladesh. 3.4 Promotion of Democracy Democratic system assures the scope of peoples participation to choose their leadership and Government. After a long run struggling under the military dictatorship in the Government, Bangladesh returned into the parliamentary democracy by the 12th Amendment of the Constitution in 1991, but it is failed to explore a firm foundation of democratic society in Bangladesh. Lack of an independent Election Commission was one of the main reasons to arrange a free, fair and credible election. In 2006, volatile political culture was seen all over Bangladesh due to mistrust between two major political parities of the country. As a result, election of 11th January, 2007 was postponed and military backed caretaker government came to power with declaring emergency and ongoing governance and democratic process was failed. After 2 years of struggling for democracy, the new democratic government is formed in 2009 but still there is observed mistrust and conflicting politics in Bangladesh, which is really alarming for the sustainability of democracy in Bangladesh. 3.5 The Commissions An independent commission for prevention of deep rooted corruption and gross violation of human rights was necessary for Bangladesh to reinforce the country wide action against corruption and violation of human rights. As per requirements, Bangladesh has introduced a separate structure in the name of independent Anti-corruption commission and National Human Rights Commission (NHRC) but the both commission is directly or indirectly functional under the control of the Government. The NHRC can only investigate human rights abuses and make recommendations to the government, which is not enough for strong movement against rights violation. After the Army backed caretaker Government, there is no special drive of the anti Corruption Commission is found against the gross-corruption. Recently a Bill on the Anti Corruption Commission (Amendment) Act, 2011 has been tabled in Parliament with a provision that the prior permission of the government is to be required in order to file cases against government officials and public representatives. Therefore, the recent trend is the reflection of struggling mood of both commissions to make any visible change in the preventing corruption and human rights violations.

4. Challenges in context of Bangladesh

There are a numbers of challenges prevailing in Bangladesh, which is denying the national image and rights of a person as a human being. Some of these challenges are given below: 4.1 Extra judicial killing The extrajudicial killing is a sever form of human rights violation that often denying justice. It has become as an integral part of law enforcement system in Bangladesh. Through the Constitution of Bangladesh and the UNs Universal Declaration of Human Rights strongly defined this act as violation of human rights, it is still continues in Bangladesh. The Government is failing to keep its commitment to end extrajudicial killings, torture, and other abuses by the Rapid Action Battalion (RAB) and police towards assuring their accountability. In spite of High Courts ruling, extrajudicial killings are continued that violates the rule of law of the country.

Shankor Paul/Assignment-1/Course: 204/ Semister-2: Dhaka International University

According to Odhikar, 33 people1 were extra judicially killed by law enforcement agencies during the last three months (January to March 31, 2011). It means on an average every 03 days 01person is reported killed extra-judicially. 4.2 Custodial torture and deaths Custodial torture and death are strongly prohibited by the National and international laws. But in Bangladesh it has seen as a routine procedure to extract information from the accused persons in detention. In some cases, the victims simply 'disappear'. According to Odhikar report, 38 persons died in custody during last three months, and off them 25 were died in Jail (Jan. to March 2011). 4.3 Withdrawn of criminal cases (with political consideration) There is a current trend that the Government withdrawn a number of criminal cases (i.e. with the charges of murder, rape, robbery, corruption, extortion and for keeping illegal arms), by defining it as political harassment cases. It has been reported that total 6,750 cases are withdrawn since Jan. 2011 by the National review committee for reviewing the cases for withdrawal. A total of 73,541 accused persons had been acquitted in this process. Without facing the judicial procedures, this type of case withdrawing process is not favourable for the countrys rule of law and justice. 4.4 Political violence The political violence is another form of human rights violation in Bangladesh like other third world countries. It has been observed that political domination, lack of democratic culture among political parties, mistrust, and un-law full exercise of power are the main contributing factors in the political violence in Bangladesh. It is reported (by Odhikar) that 30 persons were killed and 2,527 injured in political violence during last 3 months (Jan to March 2011). In addition to this, 4 were killed and 1,135 people were injured in Awami League internal conflicts while 1 was killed and 191 persons injured in internal conflicts of BNP. Therefore, the situation is not favourable for democracy and overall development of Bangladesh. 4.5 Corruption Corruption is another restricting force in advancing rule of law and human rights in Bangladesh It is often denying the enforcement of law against the powerful perpetrators and limiting the hope of justice for the mass people. The scale of corruption (introduced by Transparency International) is marked in below 3 (CPI scale= 2.4 out of 10), which is considered a matter of great concern for Bangladesh. 4.6 Freedom of media The constitution provides for freedom of speech and press, but the government frequently failed to respect these rights in practice. In recent time, the attack on journalists has come out as a concern. There was an increase in individuals affiliated with the government or ruling party harassing, arresting, or assaulting journalists. It is reported that (by Odhikar and media watchdog groups) at least 4 journalists were killed, 118 were injured, 2 were arrested, 43 were assaulted, 49 were threatened, and 12 had cases filed against them in 2010. During last 3 months (Jan to March 2011), 20 journalists were injured, 20 threatened and 10 journalists assaulted and 03 cases were filed against journalists. 4.7 Border Killings Border killing by the BSF is another miserable issue for the border lying people in Bangladesh. The poor and marginalized people in border lying areas are often crossing the border (due to unmarked natural border line between Bangladesh and India) for serving works and commence. While some of those killed are engaged in smuggling goods and contraband, BSF systematically use lethal force without
1

Status of Extra-judicial killing (by Odhikar) 33 154 127 2011 (last 3 months) 2010 2009

Human Rights Monitoring Report, Oshikar (January to March 31, 2011) Shankor Paul/Assignment-1/Course: 204/ Semister-2: Dhaka International University

justification. In spite of repeated complain of Bangladesh Government, the border killing is still continued. It is reported (by Odhikar) that at least 930 Bangladeshi nationals were killed by BSF in 2010. A number of Indian nationals have also been killed by BSF deployed at the border. 4.8 Illegal Fatwa In spite of declaration by the High Court as illegal acts, the practice of fatwa is still continuing in Bangladesh. In recent time (January 31, 2011), Hena Akhter died being a victim of illegal fatwa at Noria in Shariatpur district due to lashings by locals in mediation on January 24, 2011. Police could not arrest 11 of the 18 accused persons in the Hena murder case. In response to this case, Bangladesh's Supreme Court has ruled against 'fatwa' (Islamic religious edict) being issued as punishment against hapless women. It said "no punishment including physical violence or mental torture in any form can be imposed or implicated on any body in pursuance of fatwa". It is noticed by the Supreme Court that fatwa on religious matter may be given by the "properly educated persons", which may be "accepted only voluntarily, but any coercion or undue influence in any form is forbidden". 4.9 Violence against women Violence against women is alarming in context of traditional socio-legal structures in Bangladesh. It is observed that the women and girls are mainly becoming the victim of violence. During last 3 moths, women and girls were victimised by 29 acid violence, 104 dowry related violence, 127 rapes and 203 sexual harassment.
No. of Incidence on violance agaist women (during last 3 months)

6% 45% 22%

27%
Acid violance Rape Dowry related violance Sexual harrasment

4.10 Freedom of Peaceful Assembly and Association In spite of the constitutional provisions for freedom of assembly and association, the law enforcing agencies to some extent making some restriction in certain areas in the name of traffic and security concern. The restriction is ultimately blaming to the Government (by the opposition) as violation of freedom of assembly. 4.11 Rights violation of ready-made garments workers It is frequently reported that the rights of garments workers are violated in terms of minimum wage for their labor and safe working environment. The leaders of the garments workers are often claiming their rights issues and often declaring the strike to achieve it. The process is often creating mistrust between the garments owners and the workers that turns into a conflicting situation. It was reported (in 2010) that 7 garments workers died and 2,538 persons were injured. In last 3 months of 2011, 2 workers are died and 319 are injured while protesting in demand of either overdue wages or for an increase in wages and against other work related violence in the readymade garments sectors. The situation is reflecting continues forms of violent acts against the garments workers in Bangladesh.

5. Conclusion
Human Rights are simply a theoretical perspective in context of recent Bangladesh, in practical its violation is seen in every spheres of lives that restricting the rule of law and advancement of the country as a civilized nation. A variety of social, economic, cultural and political factors are contributing to the violation of human rights. The present reality of Bangladesh proves again that while a representative government is essential for democratic practice, is not enough if the Executive, Judiciary and the Legislative fail to play their respective roles to ensure constitutional and international norms of human rights. In such situation an undemocratic and dictatorial nature of power manifests in many different ways and abuses the state machinery for partisan and narrow political gain. If we see the corruption perception index (CPI) that produced by Transparency International, we may find a painful result for Bangladesh during last 10 years (at the bottom layer). But there is a hope that the situation is gradually improved, as Bangladesh occupied the 3rd, 7th, 10th 13th and 12th
Shankor Paul/Assignment-1/Course: 204/ Semister-2: Dhaka International University

position in 2006, 2007, 2008, 2009 and 2010. Recently Bangladesh has shown its success in the improvement of social welfare and social safety nets by reducing the mother and child mortality rate in the country. It is also added value making great contribution in the troops of UN peace keeping operations. Bangladesh is the second-largest contributor of troops to United Nations Peacekeeping Operations with some 4,500 soldiers in missions around the world. Bangladesh is declared itself as a party to all 13 terrorism-related United Nations conventions, a testament to its commitment to fighting terrorism in all its forms and manifestations. Bangladesh has enacted appropriate legislative measures to promote the rights of women and children and to protect them from violence, abuse and discrimination. The Government has undertaken policy measures to implement the Beijing Platform for Action and MDG targets for Bangladesh. In spite of some great success in the newly shaped democratic system (since 1991), about half of the population are still struggling to survive (48.5% people are staying below the poverty line) with minimum requirement of life. We need to minimise the inequality in resource allocations (between rich and poor and even men and women), decentralisation of power, upholds the rule of law, removal of political biasness, reinforce the functionality of state institutions and assure transparency and accountably in all functions. Though it is dream for current state of human rights in Bangladesh, the days will come to Bangladesh with the leadership of committed generation who will be able to ensure everyones rights and respect as frame of a civilised nation.

6.0 Recommendations
The analytical findings have led to the development of a set of recommended actions that may be effective in attaining equality in all spheres of lives in context of Bangladesh. Recommendation-1: The Government should have to practice democratic culture in all forms of decision making process (in national interest), establish respect on others opinions, and remove political biasness in the state functionaries, unethical influence in the judiciary and reinforce the political representation with committed and corruption free leadership. Recommendation-2: Bangladesh government should take all necessary measures to end RABs involvement in extrajudicial killings, torture, and other human rights violations. It should ensure that all allegations of human rights violations by RAB are thoroughly investigated and prosecute all those responsible, regardless of rank or position. Recommendation-3: Bangladesh is required more efforts for strengthening and consolidating the institutional structures, including the National Human Rights Commission, the AntiCorruption Commission, the Election Commission and the local government institutions, which promote good governance, democracy, human rights and the rule of law Recommendation-4: Bangladesh should have to maintain its obligations under the international treaties and conventions to which it is a party, and to invest more efforts in effective implementation of relevant national programs. Recommendation-5: Bangladesh should have to sstrengthen the partnership between public and private institutions (including CSO, NGO and media) in the promotion and protection of human rights for all.

7.0 References: 1. Oshikar, Jan 2011. Human Rights Report, 2010.

U.S. Department of State: Human Rights Report 2011 2. Malik, K. M. A. 2011, Paper on State of Human Rights in Bangladesh. 3. Financial Express, January 1 2010, Human Rights in Madina Charter and Bangladesh Constitution. 4. Election Commission of Bangladesh, Women in Bangladesh, Bangladesh National Report, 1995. 5. Memorandum for Bangladesh Development Forum 1999-2000, April 19-20, 1999, p. 49.
Shankor Paul/Assignment-1/Course: 204/ Semister-2: Dhaka International University

6. Paul, Shankor and Noble, Daniel (2007) Rights Based Approach to Trafficking
Prevention; Dhaka: Concern Universal, PP-81. 7. UNFPA (2003) Violence against Women in South Asia A Regional Analysis, Kathmandu: UNFPA. 8. The Report on State of Human Rights in Bangladesh, 2010. Asian Human Rights Commission (AHRC).

Shankor Paul/Assignment-1/Course: 204/ Semister-2: Dhaka International University