research monograph on topics: human rights in bangladesh submitted to: submitted by
TRANSCRIPT
Research MonographOn
Topics: Human Rights in Bangladesh
Submitted to:Ms. Lubna Zahan
Senior Lecturer
Department of Law
Northern University, Bangladesh
Submitted ByMd. Rois Uddin
Student
Department of Law
ID No.
11th Semester
Northern University Bangladesh
1
Declaration
I, hereby, declare that the work, present in this Research is the
outcome of the investigation, performed by me under the supervision of
Ms. Lubna Zahan, Senior Lecturer, Department of Law, and Northern
University, Bangladesh. I also declare that this thesis or no part thereof
has been or is being submitted elsewhere for the award of any degree or
Diploma.
Countersigned Signature................................ ...............................
Ms. Lubna Zahan Md. Rois Uddin
(Supervisor) (Candidate)
2
AcknowledgementI am grateful to Almighty Allah, who has been kind to complete publish of the
research paper successfully.
This research is based on the study under taken as a part of the Bachelor of Laws
(LL.B) Course.
I am immensely thankful to my most honorable course teacher Professor Dr.
A. W. M. Abdul Huq, Dean, Faculty of Law, and supervisor Ms. Lubna
Zahan, Senior Lecture, Northern University, Bangladesh, for providing me
with an opportunity to complete my research monograph on the very topic "
Human Rights in Bangladesh" and thereby to gain a tremendous knowledge
of today's condition.
Last but not least, I express my special thanks to my teacher and friends for
the help and support extended to me during the research specially; I can
mention one of my teachers Ms. Lubna Zahan who completely help me for
completing this thesis paper.
Eventually, I remember my parents and I offer millions of my heartfelt
thanks to Almighty who has given me strength to complete this research
monograph.
3
PREFACE
This research monograph is an endeavor to study on "Human
Rights in Bangladesh". I have tried to put this research monograph in a
systematic & easy understandable manner with my best effort, which will
suit, of the reader.
Throughout this exhaustive research, I tried to put my sincerest
effort to collect the most reliable & complete information about this topic"
Human beings are at the concerns for sustainable development
Every effort has been made to assist the reader in grasping and
understandable the subject matter of the research monograph.
Every comment & suggestion for further improvement of this
research paper or of any new concept will inspire me most.
4
ContentsDeclarationAcknowledgementPrefaceList of tableGlossaryAbbreviation
01-02Introduction:
Definition of Human RightsModern concept of human rightsIslam and Human Rights
Chapter One: Legislative and Institutional Developments 3-5Bangladesh Labor Act 2006The Chemical Weapons Act, 2006Human Rights Legislation
Chapter Two: Right to life 06-11State obligation 06Extra Judicial Deaths 07
Alleged Deaths in Crossfire by RAB 08Alleged Deaths by the POLICE 10Deaths in Prison 11
Chapter Three: Rights to Freedom from torture and other cruel,Inhuman treatment 12-16
International Commitments 12Constitutional safeguards 13Legal safeguards 13-14Incidents of Torture in 2006 15-16
5
Chapter Four: Right to liberty 17-24Constitutional Guarantees 17-18Violation of the right to liberty, freedom of association and movement 19-24Arbitrary arrests 19Mass arrests 20-22Freedom of Assembly 22-24
Chapter Five: Right to freedom of the press and Information 25-27Status of Trial regarding murder of journalists 25-26Burning of newspapers 26-27
Chapter Six: Rights of prisoners 28-31The Jail code 28-29Jail reforms 29Death custody 30
Chapter Sven: Right to shelter 32-35Constitutional Guarantees 32Eviction of Slums 32Slum Evictions in 2006 33
Chapter Eight: Right to work 36-40Constitutional Guarantees 36Working hours, leisure, holidays and leave 36Workers health and Sanitation 37Custody of service book 37Criminal offence Sentences 38Migrant workers 39Child workers 39
6
Chapter Nine: Women’s Rights 40-51International and constitutional Development 40The Divorce Act 1869 (Amendment) Bill 43Women’s political participation 44Violence Against woman 45
Chapter Ten: Right of religious minorities 52-56The vested: Property Act 52Crisis of secularism 55
Chapter Eleven: Right of the adibashis 57-69Chittagong hill tracts 58Status of the peace accord 58Freedom of association 59
Chapter Twelve: Child Rights 60-64International commitment 60Constitutional guarantees 60Status of Children 61The media response 63
Chapter Thirteen: Human Rights Commission of Bangladesh 65-73
7
INTRODUCTION
Definition of Human Rights:
The word human evolved from Latin word humans which mean any view
in which interest of human welfare is central.
Human Rights which are typically called natural rights or rights of man are those
rights that are inherent in human person and without which a man can not live as human
being. Since human rights came with birth and every person is entitled to them
because of the very fact that he or she is a human, they are applicable to all people
throughout the world irrespective of their race, sex, color, language, and religion,
political of their opinion. Human rights are concerned with the dignity and worth of the
individual.
Human Rights, therefore, have two inherent characteristics-(l) universal inherence,
and (2) inalienability. But the term inalienability does not apply to all human
rights, e.g. rights to property.
Everywhere human rights are being violated; there are some human rights which
can be taken away by the state e.g. right to property ,freedom of expression, right to
assembly etc, on the ground of emergency or for the (so called) welfare of the
citizen.
Human rights in international Arena:
The charter of the United Nation for the first time internationalized human rights
and fundamental freedoms. Besides Islamic States, human rights law initially
developed as apart of constitutional law of the individual states. Although some
soared claimed to be able to trace a rudimentary concept of human rights back to
stoic philosophy of classical times via the natural law jurisprudence of Grotias and
the jus natural of roman law1, it seems evident that the origins of the modern
1. Vasak, K'Towards specific international Human Rights law" in vasak, K (edt), the international
dimension of Human Rights, vol. 2 , paris-1982 , p-67.
8
concept are to be found in the English, American and French resolution of the
seventeenth and eighteenths centuries.2
The UN charter was adopted and signed on 26 June, 1945, by the representatives of 50
states participating in the San-Francisco Conference, and later by a fifty -first state,
Poland, which had been unable to attend.3
Modern concept of human rights:
Modern concept of human and fundamental rights has taken shape during the long
development of democratic society. Magna Charta of 1215, the Petition of rights of 1628,
the Bill of Rights 1688(1689), the Act of Settlement 1701, the American Declaration of
Independence 1776, the America Bill of rights 1791, the French declaration of rights of
man and citizen 1789, were milestone in the road in which the individual acquire
protection against the capricious acts of kings and despots and the right to lead a free life
in free society.
Islam and human rights:Islam had played a very significant role towards the development of International Human
Rights law. Human rights in Islam mean those rights which are granted by Allah and can
neither be suspended nor abrogate as there is no higher purpose to which they are
subservient. They are an integral part of Islamic faith.2. Davidson, S, Human Rights, Buckingham, 1993 p-23 United Nations , Bsic facts About the United Nations, New Yoik,l 992, p-3
CHAPTER- ONELegislative and Institutional DevelopmentsThe Bangladesh Labor Act, 2006:
Enacted in the penultimate days of the Ninth Parliament on 11 October, this Act
was designed to consolidate and rationalize, into a holistic package, several
existing laws relating to employment, employer worker, relations, fixation of
minimum wages, payment of wages, compensation for injuries sustained in the
course of duty, trade union activities, dispute settlement, workers, health and
safely, etc. Laws repealed By enactment of this law included, among other, the
Employment of Labor (Standing Orders) Act, 1965, the factories Act, 1965, the
9
shops and Establishment Act, 1923 .This legislation being omnibus different laws,
and also largely cleared up incongruities in different laws having a bearing on
similar or related issues. The law has, however, been restrictive in some aspects as
far as workers rights are concerned. It detracts from the ILO Conventions as well
as the current discourse on child labor. For one, trade union rights of workers have
been restricted. In fact trade unions have been banned for the initial three years in
a new establishment. CBA leaders previously could not be shifted to a different
unit before the expiry of there term. The present laws allow their transfer at any
time. Again, union that do not participate in CBA election will lose there
registration, making it mandatory for all labor organizations to participate in
election. The lowering of the age ceiling for workers from 60 to 57 will potentially
see several thousand workers lose their jobs. For instance, on the first day of the
lows taking effect, as many as 210 workers were laid off in the imposition of extra
hours of work on garments workers. The new low has changed their work day
from the exiting eight hours to ten hours. As it is, garment workers have been
working under the same wage structure for fourteen years, and now they would be
required to work two extra hours every day without an increase in their minimum
wage. Provisions relating to child labor need to be reviewed, especially with
regard to the penalty for violation of codified standards.
The Acid Control (Amendment) Act. 2006:
This amendment deleted the reference to "alkaline caustic soda" from the list of
controlled substances in Article 2(B) of the Acid control Act,2002, because the
nature of "alkaline caustic soda" is not acidic.4
This has little effect on the substance of the low. However, since acid violence is
seen as a brutal and repugnant from of violence against women, any relevant
legislation deserves to be noted.
The Chemical Weapons (Prohibition) Act, 2006:
This is a necessary piece of legislation consequent upon Bangladesh becoming a party to
the Chemical Weapon Convention (CWC). As weapons of mass destruction, chemical
10
weapons fall under the category of inhumane weapons. The provisions of the law are in
kipping with Bangladesh's obligation under the treaty. Te law Act establishes a national
authority with the Principal staff Officer, Armed Force Division as Chairman and
includes representative from relevant Ministries/agencies as members.
Human Rights Legislation :In 2006, Bangladesh recommended modalities for adherence to international human
rights instruments that it had yet to adopt. Ahead of the Un Human Rights Council
election, it made a set of voluntary pledges, again with a commitment to enacting
legislation to establish a National Human Rights Commission as soon as possible and
to separate the judiciary from the executive.
Neither saw the light in 2006, although the first Bill on the National Human Rights
Commission was drafted in 1999 and all necessary ground work for the Caretaker
Government in 2001.
There are several elements relevant to human rights legislation that has continued to
be under scrutiny in the international context. First, there has not been any forward
movement until the end of 2006 on major recommendation by the UN Committee on
CEDAW in their review of Bangladesh's Fifth Periodic Report in 2004, especially
with regard to withdrawal of the remaining reservations.
4Acid survivors foundation
Amnesty International has also flagged several issues consistently over the years. The
voices joining them are growing are number, both domestically and internationally.
For one, Amnesty International, reinforcing the calls of national organization, has
urged the government to establish clear and enforceable safeguard against abuse of
sections 54 of the code of criminal Procedure and other detention Procedures resulting
in torture. It has also encouraged the creation of a National Human Rights
Commission, and urged the government to ensure from the outset that such a
commission is empowered as an independent body to investigate all instance of
Human Rights violations impartially and competently, regardless of the identity of the
perpetrator or their links to political parties.
11
12
CHAPTER-TWO
Right to lifeState Obligations:
The Right to life enjoys the status of 'supreme right' 1 in international law. It has been
acceded highest protection as a 'peremptory/ imperative norm'5 from which no
derogation is permissible, even in time of war or other public emergency.6 Affording
such protection to the right to life signifies that utmost importance has been attached
to it in various articles of international Covenant on Civil and Political Rights
(ICCPR) 1966 provides:
"Every human being has the inherent right to life. This shall be protected by law. No
one shall be arbitrarily deprived of his life.
In international human rights law, the right to life is perceived as a 'right not to be
killed’, affording protection to human life against arbitrary and intentional
deprivation/killing and imposing a correlative obligation on others to forbear or
refrain from interfering with the life of the right-bearer. The right establishes an
obligation on the State to afford protection to the life individuals against unlawful,
unwarranted and arbitrary killing. The State is therefore under two countervailing
obligations, one to forbear or refrain from arbitrarily depriving or talking the life of an
individual and, two, to take responsible step and adopts appropriate measures to
prevent the killing of life by police and security forces. The State is further required to
provide in its law for ensuring protection to human life. Thus the talking of life in the
circumstances described above must generally be illegal under law. The duty to
protect the right to life, therefore, also includes the effective enforcement of law. If a
claim is made that a person whose life is threatened by terrorist, is entitled to
continual special protection from the State, it raises essential questions as to whether
the scope of the right to life can be stretched to such an extent be interpreted as
imposing a duty on a state to give such protection for an indefinite period. However, there
is no despite on the issue that the state has an obligation to create an environmental of
security for individuals and to discourage a culture of immunity as well as impunity.
5 Verdross, "forbidden treatise in international law" American Journal of international law 31,1937,571. 6 Article 4(2) of the ICCPR, 1966,article 152 of the ECHR
13
There is an obligation on the part of the state to provide a reasonable level of protection
against terrorists acts of others threats that pose risk to lives of individuals. Again, the
duty to enforce law to protect life requires the state to conduct proper investigation of all
suspicious deaths, deaths in custody disappearance of individual including political
disappearances, and to ensure prosecution of offenders. The obligation to protect life also
contains a procedural aspect* which purports to include the minim um requirement of a
mechanism whereby incidents of deprivation of life by the agents of a State may receive
public and independence scrutiny.
Not every taking of life, however, is illegal under the law of the State. There certain
permissible exceptions (such as the deaths penalty . or deaths resulting fro use of force for
permitted purposes in self defense, to effect arrest, prevent an escape, or to quell a riot ).
Liability applies to the taking of life by State (by its agents, for example police, solders,
prison officers etc.). But permissible exceptions ought to be narrowly interpreted although
capital punishment is permitted under the taw and may be considered a permissible
exception, it may be discourage and not imposed except in the rarest of rare cases as has
been directed in other jurisdictions.
Extra Judicial:
Parvez, a suspected criminal, arrested from Johnson, Road in Old Town of the city
never returned home. He was killed in an encounter with the members of the Rapid
Action Battalion (RAB) in Postagola area, Dhaka on 22 September. According to a
report in New Age,7
"A RAB-10 team took him out to Postogola area early Friday to nab his
accomplices. As the team reached near the Postogola crematorium at about 4.30am, the
aides of Parvez opened fire on the battalion members forcing them to retaliate, the
Battalion claimed. After the gun fight, the accomplices managed to flee. He was taken
to theDhaka Medical College Hospital where the doctors declared him dead." RAB
reports indicated that Paervez wanted in a number of criminal cases. Parvez's family
members claimed that the victim, an Awami League activist, was innocent. Parvez's
death, reportedly in an encounter with the RAB, is not an isolated incident.
7 New age ,23 September ,2006
14
A series of deaths in 'cross-fire1 and 'encounters' with RAB has continued in
Bangladesh since the creation of RAB with wide-ranging powers, including shoot to
kill, under the Armed Police Battalions(Amendment) Act, 2003.* Setting up of this
'hybrid composite 'force by the then BNP-Jamat Government for combating the
detracting law and order situation has amplified the violation of human rights,
particularly, that of the right to life, by way of adding yet another from of "arbitrary
and extra judicial killing".
RAB started its official journey from 21 March, 2004, but went into action against
alleged criminals from June 26, 2004. From 2004 toll August 2006, 247 incidents of
RAB 'crossfire' took place, resulting in 3330 deaths .A culture of impunity-reinforced
by legislation which largely shields the security forces from legal challenge and by
Government praise for many of the unpunished . In the backdrop of such violations,
protection of arrestees and detainees in the custody of law enforcement agencies has
emerged as a grave concern.
It is alarming to note that such derogation takes place while the right to life, the most
basic human right, is guaranteed as a fundamental right under the Constitution of
Bangladesh. Projection of the right is expressly guaranteed under Article 32 of the
Constitution in the ....save in accordance with law."
Alleged deaths in 'Cross-Fire* by RAB: Raihan Ahmad alis Nahid (28 years),
allegedly a 'top drug dealer', was reportedly killed in 'cross fire' by RAB in Classic
Hotel in Ranibazar, Rajshahi on 18 September, 2006.10 According to a report in the
daily Janakantha, RAB-5 Unit8 The Bangladesh Gazette, 12 July, 20039 Human Rights world watch report, 200710 Janakantha, 1 October, 2006sources had claimed that Nahid was killed in an 'encounter'. An investigation report
by a human rights organization further stated that the deceased died when RAB
members fired at him from close proximity. According to the report, the deceased was
found holding an old pistol in his right hand, as if his finger had been placed on the
trigger deliberately after the shooting, to make it look like a shoot out.11 Farooq, a
rentier, was reportedly arrested by RAB from the counter of S.A. Paribahan in Kakrail
on 9 September. After his arrest he was sent to Boalia Police Station in Rajshahi and a
15
case was field. He was sent on remand for two days and subsequently handed over to
RAB on 13 September. Farrooq was then sent to prison on 14 September, where he
was reported to have to have fallen ill and subsequently died in Rajshahi Medical
College Hospital.12
Table No.-l: Extra-judicial death by law enforcement agencies in 2006Deaths Due to RA Police RAB Kobra BDR/Army Total
B & Cheeetah
Police
*Cros s-fire'(without 53 7 2 - - 62
arrest)
* Cross-fire' (after 133 61 - 2 - 196
arrest)
Physical - 7 - - - 7
Torture(without
arrest)
Physical Torture(in 4 21 1 - - 26
custody)
Shoot out 5 52 - - 4 61
Total 195 148 3 2 4 352
11 Investigation Report of Bangladesh Institute of Human Rights (BniR)12Inqilab, 1 October, 200613 Prothom Alo, The Daily Star, New Age, Sangram
Alleged Deaths by the Police:
There were frequent reports of deaths by the police, when they tired at public
demonstrators, or of persons in their custody. A few examples are given below:
Confrontation with police led to the death of a worker in Sreepur, Gazipur on May
20. When the workers of a Sweater Factory were protesting the arrest of a fellow
worker and demanding withdrawal of cases field against other workers, police
open fired resulting in his death.14
16
An alleged terrorist/miscreant named Abdul Momen was arrested by police in
Nowpara Village of Meherpur, Kusthtia. He was taken to Lahini Old graveyard on
March 2006 around 4 am and was reported to have died in' Cross-fire*.15
In a similar incident, a notorious dacoit named Md. Alamir hossain 9(35) years) was
arrested by police in Comilla and allegedly died in an 'encounter' with police in the
middle of the night.16
A daily wage earner named Kachmuddin was reported to have been beaten to
death
by police in Kurigram in June, 2006.
Deaths in Prison or Police Custody
IN 2006, a total of 71 prisoners were reported to have died. Of this number, a
majority of 31 prisoners reportedly died in Dhaka division jails. Thirty two persons
were reported to have died in police lockups across the country. Some examples of
custodial death reported in the media are given below:
'Shokhi' (17 years) died in custody in Sylhet Central Jail on July, 2006. The post
mortem report disclosed that her death resulted from injuries. The Police had
arrested Shoki, daughter of Munnaf Mia of Debiganj, Panchager from Sylhet on 14
July, and sent her to court. The Court sent Shokhi to Sylhet Central Jail the prison
authority lodged a general Diary with the Police Station stating that Shokhi died
illness and sent her body to Osmany Medical Collage Hospital for a post mortem.
Jashim (25 years) was reported to have committed suicide while in custody in
Sirajdikhan Police Station lock up in Munshiganj.18 According to police sources,14 Bhorer Kagoj,21 May, 200615 Protfiom Aio,23 March,200616 Ibid
17
Jashim was arrested by police on suspicion when he informed Sirajdikhan Police
Station that there was a bomb in Shamsul Sheik's house in village Ichaura. Kabiluddin
Swapan (40 years), a convict, sentenced to life imprisonment, was reported to have
died in Chuadanga Prison due to sudden heart failure. His son claimed that his father's
death resulted from torture by prison authorities. Former Union Parishad Chairman of
Chokoria Upazila and Awami League leader, S.M Nurul Alam, was arrested by the
police from his house late at night and his dead body was found in chokoria Health
Complex later on. It has been alleged that Nurul Alam's death resulted from torture in
police custody.
Deaths in Jail Custody:
Reportedly, 71 prisoners died in 2006 as compared to 86 in 2005 and 104 in 2004.4
According to the jail authorities 35 died of illness and 11 of heart attack. Of the 71
prisoners reported to have died in 2006,
45 were awaiting trial. Thirty one deaths occurred in Dhaka Division jails. Four
prisoners were reported to have died after torture and one committed to suicide.
Although post mortems are supposed to be carried out in such cases, there was no
public information regarding the conditions which led to a prisoners' death or
whether any action was taken against the jail official who may have been
responsible.
The trend in deaths of prisons showed a decline between 2001 and 2006 (see graph
below). A larger number of deaths occurred amongst prisoners awaiting trial. It
reached its peak in 2002. In the last six years, the highest number of deaths amongst
convicts was reported in 2004 while the highest number of under trial prisoners died
in 2002.
18
CHAPTER -THREERight to Freedom from torture and other cruel, inhuman treatmentInternational Commitments:
According article on of the convention against Torture and other Forms of Cruel,
Inhuman or Degrading Treatment or Punishment (CAT), torture means: "...any act by
which severe pain of suffering, whether physical and mental, is intentionally inflicted
on a person for such purposes as obtaining from him or a third person information or a
confession, punishing him for an act he or a third person has committed or is
suspected of having committed, or intimidating or coercing him or a third person or
for any reason based on discrimination of any kind, when such pain or suffering is
inflicted by a public official or any other person acting in official capacity."
Under international law, the right to freedom from torture is a non-derogable right; in
other e\words, it is absolute, and exceptions to this right cannot be justified under any
circumstances. Bangladesh ratified the Convention against Torture (CAT) in 1998 and
the International Covenant on Civil and Political Rights (ICCPR) in 2000. Therefore,
Bangladesh has international treaty obligations to prohibit torture and hold
perpetrators of torture accountable. Its ratification of these instruments shows at least
a nominal commitment towards the protection of its citizens from torture by state
officials. However, the State's failure to ratify the Optional Protocol to CAT and the
fact that it has signed, but not yet ratified, Statute of International Criminal Court and
most its failure, to date, to incorporate these treaty obligations into national laws,
brings into question the extent of its commitment to enforce the absolute prohibition
on torture. It has also entered reservation to article 14(1) of CAT, which elected
member of the Human Rights Council, Bangladesh has promised to ensure regular
submission of reports to the UN Treaty Bodies, it has failed to date to submit its initial
reports as required under CAT and ICCPR.
19
Constitutional Safeguards :The Constitution if Bangladesh provides safeguards against torture, ill treatment and
arbitrary arrest. Article 11 provides that democracy, human rights, freedoms, and respect
for human dignity shall be fundamental principles of state policy. Article 27 establishes
the right to equality before the law. Article 31 provides for protection of law, and
prohibits actions not taken "in accordance with law." Article 32 protects the right to life
personal liberty, and Article 33 provides safeguards from arbitrary arrest and detention.
Article 35 provides explicitly that, "No person shall be subjected to torture or to cruel,
inhuman, or degrading punishment or treatment"
In 2003, the High Court gave a judgment in BLAST v Bangladesh,17 that in view of
Article 35 f the Constitution, " any information which is obtained or extorted by taking an
accused on remand and by applying torture, the same information cannot be considered as
evidence and cannot be used against him," In the same judgment the Court further stated
that the very system of taking an accused into remand and extorting information by
application of force is, "totally against the spirit and explicit provisions of the
Constitution." The judgment also made key recommendations to amend the Criminal
Procedure Code so as it make it more consistent with the Constitution. The Court's
recommendations are discussed in detail below.
Legal Safeguards:
Section 54 of the Code of Criminal Procedure (Cr.P.C) allows the police to arrest
any person without a warrant on the basis of reasonable suspicion of commission ofIfi
an offence. However in BLAST v Bangladesh the High Court recommended that the
wording of section 54 be changed from a reasonable suspicion against the accused to a
definite knowledge of her/his involvement in a cognizable offence and that the police
officers reasons for believing such complaints or information against
17 BLAST vs. Bangladesh, 55 DLR (2003) 363.18 Ibid.
20
the accused be recorded. The safeguards provided by law include that any such person
must be produced before a Magistrate within 24 hours of arrest. Under section of 167
of the Cr.P.C, although the Magistrates can allow remand if it appears that further
evidence may be obtained, there are specific preconditions that must be met. These
preconditions include that the Magistrate must record his reasons for authorizing
remand and that any Magistrate authorizing such detention, who is not the Chief
Metropolitan Magistrate, District Magistrate or sub-divisional Magistrate shall
forward a copy of his order along with his reasons, to the Magistrate to whom he is
immediately sub-ordinate. Further, the Court held that while producing a person in
front of a Magistrate under section 167, the police officer must state the reasons why
investigation be limited to seven days instead of fifteen days.
These legal safeguards have reportedly been routinely flouted under all
administrators, and it is widely believed that the use of torture or cruel, inhuman and
degrading treatment is commonplace on persons in custody. Unfortunately, all
remains have condoned torture and failed to take any action to hold those responsible
to account, or to ensure effective implementation of these safeguards. Further, the
failure of various administrations to ensure a real separation of the judiciary has
meant that effective judicial monitoring of the treatment of persons in custody has not
been put it place. At the same time, mere has been little consistent action by civil
society to seek the legal accountability of those responsible for torture, as opposed to
simply documenting reports of its incidence. For the most part, use of illegal methods
of detention and interrogation are unreported and the attitude of the judiciary has also
been cautious when it comes to expanding the understanding to treatment that is
prohibit as amounting to torture. In the absence of any international or regional
mechanisms for individuals to make complaints of torture, victims have no recourse
beyond national remedies. In most cases, the main remedies available have been
disciplinary action, with prosecution and punishment being extremely rare.
21
Incidents of Torture in 2006:
The US State Department's Country Reports on Human Rights Practices 200619state
that in 2006, the security forces reportedly tortured 45person in detention, 14 of
whom died. It further notes that custodial is frequently used for law enforcement, that
the Government has rarely charged, convicted, or punished those responsible, and that
this climate of impunity has allowed such police abuses to continue. Many national
and local newspapers have also published reports of alleged custodial torture.
However, there is little information available as to whether any of those reports
resulted in any form of further inquiry or action against those responsible. A few of
the reported cases are discussed below.
On 18 May 2006, police in Gaibandha arrested Sajidur Rah man Sajid and the Court
granted an application by the police to take him on the remand for seven days. Two
days into his remand, on 21 May Sajid died, and the police claimed that he had
committed suicide. The autopsy revealed that Sajid was strangled .Police then
arresting the Investigating Officers (IO), Abu Yousuf, and suspended four other
police offices. However no action was taken against the officers in Charge (OC) of
Gaibandha Sadar police station. The public protested by joining in a hartal and hunger
strike in Gaibandha town, during which speakers demanded justice and arrest of the
OC. The OC and three constables were, reportedly, later withdrawn from their duties
and transferred.20
On 30 May 2006, Boishaki TV director, MNH Bum, field a criminal case against two
persons, the then Housing and public Works Minister, Mirza Abbus, and the
Managing Director of another TV channel, Kazi Mohammad Shahiduliah, accusing
them of death threatened unless he handed over his shares of the television company
to them without payment. On 31 May, two cases were Held against Bulu, on for
attempted murder and others by his former wife, accusing him of using violence to
19 US State Department's Country Report on Human Rights Practices 2006, released by the Bureau of
Democracy, Human Rights and Labor on 6 March, 2007.20 New Age, 22 May,2006
22
extort a dowry of Taka 20 million from her. Bulu was arrested and remanded for a
day, but even after the expiry of the remand period he was detained and reportedly
tortured for 24hours. On 7 June, the Daily Star reported that Buklu suffered a cardiac
arrest during the hearing of his remand prayer in the Dhaka Court. His lawyers and
the media consultant of BNS Group alleged that Buhl's condition had resulted from
torture by the OC and the sub-inspectors (SI) during interrogation at Mothijil Police
Station It was further reported in The Daily Star that sources at the police station
stated that a known associate of Mirza Khokon, the younger brother Mirza Abbus, as
well as Abbas* private secretary, visited the police station while bulu was suspended
and in a rare event, the High Court asked the Government to show cause as to why the
concerned police officers should not be directed to compensate Bulu. It is likely that if
more reports of torture in custody were brought to the attention of the judiciary, the
victims could be compensated and other appropriate action also taken. However, it is
not often that officials are brought to answer in any form for the use of torture in
custody.
23
CHAPTER -FOUR
Right to libertyConstitutional Guarantees:
The right to liberty is one of the most important fundamental rights guaranteed under the
Constitution and the violation of this right inevitably leads to violations of other
fundamental rights. Each incident of the denial of the right to liberty has violated one or
more fundamental rights.
Article 31 guarantees that no action detrimental to the life, liberty, body, reputation, or
property of any citizen or resident of Bangladesh shall be taken except in accordance with
law. The right to life and liberty within the meaning of Article 31 includes the right to live
consistently with human dignity and decency. Article 32 provides that no person shall be
deprived of life or personal liberty except in accordance with law. The exercise of all
other rights depends on rights to life and personal liberty. A person can not be detained
except in accordance with law. Arbitrary arrest and custodial violence thus infringes upon
the rights guaranteed under Articles 31 and 32.
Article 33 of the constitution provides for specific procedural safeguards in respect of
deprivation of life and personal liberty. Article 33(1) and (2) provides that (i) a person
arrested must be informed as soon as possible of the grounds of arrest, (ii) s/he must be
allowed to consult and be defended by a lawyer of her/his choice, (iii) s/he must be
produced before a magistrate within twenty-four hours of arrest, excluding the time
necessary for the journey from the place of arrest to the court of the magistrate and (iv)
s/he must not be detained for a period longer than twenty-four ours plus the time of
journey without the authority of the Magistrate.
Article 36 guarantees the right to freedom of movement subject to reasonable
restrictions imposed by law in the public interest However, the restriction has to
meet certain criteria of 'reasonableness* be in accordance with law and be in the
public interest. 'Public interest* would embrace public security, public order and
public morality. In 2006, many ordinary citizens were detained by the police in what
came to be known as "mass arrests" without an opportunity to seek legal redress or
access to family members or lawyers. Arbitrary procedures were used to carry out
'mass arrest* on vague allegations.
24
Article 37 provides that every citizen shall have the right to assemble and participate
in public meetings and processions peacefully and without arms. This right can be
restricted only by a law imposed in the interest of public order health. The restriction
must not be exercised arbitrarily. The right to freedom of assembly is subject to the
limitation that the rallies are to be peaceful and members of the assembly must not
bear arms.
Section 144 of CrJP.C is used to ban assemblies that are likely to lead to violent
confrontation or to disperse unlawful assemblies. Even if for example, a restriction on
the freedom of the interest of public order, that restriction must also meet the
'reasonableness* test To determine the reasonableness of a law, the conditions
prevailing at the time, the nature, extent and during of the restriction and all the
surrounding circumstances are to be taken into consideration.
During 2006, on various occasions Government authorities did not place restriction on
freedom of movement on grounds of public security which would arguably meet the
reasonableness nor did the other criteria lie down by the law. Specific examples
would be police restrictions on citizens holding protest rallies to demand basic
amenities like electricity and water. Peaceful political rallies have also been subjected
to police restrictions. Strikes or blockades which were sometimes forcibly imposed by
political cadres also restricted the freedom of movement of transport workers, day
laborers and other ordinary citizens.
25
Violation of the Rights to Liberty, Freedom of Association and Movement:
Notwithstanding these clear guarantees, the year witnessed violations of the right to
life, personal liberty and safeguards from arrest and detention, of freedom of
movement and of association. Persons arrested by the police did not have access to
protection of the law. When law enforcement agencies were called upon to forcibly
obstruct political rallies or suppress protests by different grounds, the Government's
commitment to human rights came under question. Many of the arbitrary arrests
preceded programmers announced by the political parties in opposition to the
Government.
Arbitrary Arrests:
The police continued to make arbitrary arrests without providing any legal safeguards.
For example: On 2 February, Raifq Khan (25 years), a painter, was arrested from his
shanty in Kadamtoli, Dhaka while asleep. A police van drove up, broke open the door,
arrested him without giving any reason and took him to the police station. His mother,
a street rag collector, reportedly, said her son was neither a criminal nor a politician.
Even three days later, by February 5, the police have not sent Raifq to the Court,
contrary to the law that requires arrestees to be produced in court within 24 hours of
arrest.21
On the evening of 3 February 2006, the Mathijheel police arrested Md. Khairul Islam,
a garment worker, who was on his way for the night shift. The police implicated him
in a theft case and produced him before the Magistrate's Court learning the news the
following morning, Khairill's blind father, Ratan Mian (85 years) went to Court and
obtained bail for his son. The jail Authority, however, did not release him for two
days, and some of the jail staff, reportedly, demanded Taka 300.0 for his release.
21 http ://www. ahrchk.net/ua/main file.php/2Q06/l 518
26
Mass Arrests:In 2004 High Court22 had directed the Government to show cause as to why Section
85 of Dhaka Metropolitan Police Ordinance, 1976 should not be declared ultra virus
of the Constitution. The practice of large scale, indiscriminate arrest of citizen had
been resorted to by the Government to suppress opposition activities. In the face of
waning public support for destructive practices such as hartal (strikes) the oppositions
parties, in 2006, planned others forms of protest, such as forming a 'Human Chain',
'Long March', 'Dhaka Siege' or 'Gherao' (blockades) of official buildings such as the
Prime Minister's Office, the Secretariat and Bangobhobon (President's House). In
reprisal, the Government started the practice of what came to be known as 'mass
arrests' or gono grefter.
In the first week of February, the opposition parties had announced a 'Long March* in
which opposition activities were to march on foot towards Dhaka. The Government
declared the programmed illegal on grounds that it would disrupt law and order. To
foil the march, the police was ordered to arrest large numbers indiscriminately. On 5
February, the day the 'Long March* was to culminate in Dhaka; about 10,000 persons
were reported to have been arrested arbitrarily.3 these arrests were justified by the
police as routine activities against suspected criminals. The police also stopped the
movement of many public buses into Dhaka on the ground that they were transporting
opposition ardors. The arrest were usually made under section 54 of the Cr.P.C and
Section 86 of the DMP Ordinance, both of which authorize police officers to arrest
without warrant on reasonable suspicion of the commission of certain offences. These
laws allow the police draconian powers and have come under legal challenge on
previous occasions.
'Mass arrests' were widely criticized by leading lawyers and human rights defenders.
On 5 February, in a public interest writ petition, the High imposed an injunction
restraining the Government from carrying out blanket arrest of people
22 Writ Petition No.2192 of 2004, Rule Nisi issued by a Division Bench of the High Court Division of
the Supreme Court of Bangladesh on 27 April, 2004.
27
and directed it to submit a report within two weeks detailing the names and particulars
of the person arrested under section 86 of the DMP Ordinance and Section 54 of the
CrPC.4 The High Court Bench also issued a rule upon the Government from asking it
to explain why the blanket arrest of opposition activities and common people should
not be declared illegal and the Government should not be declared to compensate the
arrestees.5 On February the chamber judge of the Appellate Division justice Amirul
Kabir Chowdhury, upheld this order and further directed the Dhaka Metropolitan.
Police to follow the Supreme Court 86 of the DMP Ordinance and Section 54 of
CrPC,6 'Mass arrests* caused immeasurable sufferings to street vendors, employees
of small shops, rickshaw pullers and day laborers. Many were the sole earning
members of their families. The arrestees and their relatives were not informed of the
reasons for arrest. The jails were the poorly equipped to endure over-crowded prison
conditions during their incarceration. Very few of them were charged and were
eventually released after the 'Long March* programmed was over. No satisfactory
explanation was given for their imprisonment and no compensation claimed.
Newspaper reports revealed that four police stations in Dhaka were over crowded
during t he days preceding the 'Long March'. For example, SO persons were
reportedly kept in four cells of Ramna police Station which has a maximum capacity
of three to four persons only. In such a limited space, many had to sleep in a standing
or seated posture, while the more fortunate were huddled on the floor.
Most of their relatives had to camp outside the Dhaka Central jail just to get some
information. They were mostly poor and had little awareness of their rights and
certainly no means to engage lawyers. Many of them reportedly tried to release their
relatives, or just meet them, by bribing placemen and court officials. Innocent persons
who were not accused in any specific case, but failed to pay, were threatened with and
sometimes falsely implicated in criminal cases. Many
28
newspapers including the leading English daily, The Daily Star, reported on 5
February that some people had to bribe the jail sentries Taka 20 to 50 to meet their
relatives. The example below illustrates the vulnerability of ordinary citizens: On 3
February 2006, at around 9 pm, a day laborer, Md. Jalal Uddin, was arrested on his
way to a coaching center to pay his son's tuition fees. He was detained in the Ramna
police station for two consecutive nights, even though the police were legally obliged
to produce the detainee before the Court within 24 hours of arrest. Jalal's wife, Lipi
Begum, claimed that there was no case against her husband and that she was not told
the reason for his arrest. The police did not allow her to meet her husband. She wait
outside the police station until 3 am, and paid Taka 500.0 to an unknown man,
claiming to be a lawyer, who assured her again, and Lipi could not trace her husband's
whereabouts.23
Human rights groups volunteered legal assistance but they were not able to provide
relief to such large numbers. It took considerable time merely to identify persons in
custody, given the wide extent of arrests. Public interest litigation was filed in order to
compel the Government to provide lists naming those arrested. In 2006, Ain o Salish
Kendra (ASK) obtained the release of 385 persons arrested under section 86 and 100
of DMP Ordinance. Other legal aid organizations had also obtained release of the
arrested, but the full number could not be ascertained.
Freedom of Assembly:
Attacks on Political Leaders and Rallies
The refusal of the government to meet the opposition's demands for electoral reforms
and formation of a Caretaker Government in compliance with the Constitution
resulted in a number of Opposition sponsored demonstrations, rallies and marches in
October 2006. Security barriers were erected across cities to prevent opposition the
police engaged in clashes with the opposition demonstrator. As a result hundreds of
demonstrators as well as several police officers were reportedly injured.
23 http://www.ahrchk.net/ua/mainfile.php/2006/1518
29
The police targeted specific opposition leaders with the apparent aim of causing
serious injury. Opposition leaders were severely assaulted by police even though they
were participation in peaceful demonstration and posed no apparent threat to peace
and security.
For example: On 6 September, riot police attacked AL politicians during relatively
peaceful demonstrations outside the Election Commission to demand electoral
reforms. The local media and various international human rights organizations,
including Amnesty International, reported that the police subjected these leaders to
inhuman assaults even though they did not pose a threat to the police force or to
public order.24 It classified these attacks as torture or cruel, inhuman or degrading
treatment.
It was reported that a dozen police officers started beating Saber Hossain Chodhury
on 6 September during a peaceful protest rally. He identified himself as an A warn i
League leader in the hope that the police might stop, but they reputedly beat him even
more savagely. He went into a coma and was rushed to hospital in Dhaka. He
regained consciousness after about an hour, but doctors declared his condition as
critical and advised specialized treatment on 10 September. On 12 September,
Asaduzzaman Noor, Motia Chodhury and Advocate Sahara Khatoon were assaulted
by the police with iron rods. Asadurzaman Noor was admitted to hospital with severe
back pain caused by the beating,and advocate Sahara Khatoon was injured on her legs
and head .
After the president, Professor Dr I aj ml din Ahmed, assumed the office of Chief
Advisor to the Caretaker Government on 29 October, the Fourteen Party opposition
alliance organized rallies and demonstrations all over the country calling for his
resignation, and instillation of a nctiir.il administration for a free and fair election. On
13 November, while a relatively peaceful open air concert was being held at Krwan
Bazar in Dhaka to press for appointment of a natural non-partisan Chief Advisor and
for electoral reforms, the police reportedly by Sergeant Kohinoor Mia started
attacking the demons tractors. The police force under his
24Amnesty International Press Release, 14 September, 2006
25 Ibid
30
leadership sprayed hot water on the demonstrate actor to disrupt the open air concert
which was being conducted from a makeshift stage set up on a truck. Fifty persons were
injured.26 At one point a police truck ran over an unarmed demonstrator, Wahidullah, (40
years), the publicity secretary of Unit Two of the Awami League (Ward 37). Even though
a non-party Caretaker Government was in office none of the police officers involved in
Wahidullah's death were interrogated. No inquire was held. ASK and Kornojibi Nari
addressed a join press release on 13 November 2006 demanding legal action against the
responsible police officers.
According to newspaper reports and eyewitness accounts none of the demonstrators had
acted violently or posed a threat to 'law and order' Regardless of this they were
specifically targeted because they played a leading role in the opposition demands for
electoral reforms.
26 The Daily Star, 14 November, 2006.27 Prothom Alo, 14 November, 2006.
31
CHAPTER- FIVERight to freedom of the press and Information
press freedom
Judicial Developments: The Judiciary and the Supreme Court in particular, played a
proactive role for establishment of freedom of press and expression. On the other
hand, hearing in cases regarding those accused of murdering journalists were delayed
due to problems in investigation and prosecution. The Court issued several contempt
notices against journalists for their criticism of the judiciary.
Status of Trial regarding Murder of Journalists:
According to reports, published in thirteen national dailies, four journalists were4Q
killed in 2006 "There was progress in the trials for their murder. The Khulna Division
Speedy Trial Tribunal Judge Mohammad Abdus Samad, on 7 February 2006,
acquitted all three accused for the murder of journalist Shikh Harun-ar-Rashid, who
was a senior reporter of Dainik Purbancal, published from Khulna City. He had been
gunned down at 7.30 pm on 2 March 2002, at Munjgunj under Khalispur police
station when he was going to his office on a motor cycle. The accused in the murder
case were acquitted allegedly due to failure of the prosecution to conduct the case
properly and the CID's defective investigation,29
The trial regarding the number of journalists Manik Sana continued in 2006. On 15
January 2004, Sana, a senior staff corresponded of New Age, stringer for the BBC
Bangla Service and former President of the Khulna Press Club, was killed by a bomb
thrown at him as he was leaving the Press Club. The gruesome murder was
condemned by all, particularly journalists, who demanded a fair trial. The case was
28 Prothom Alo, Bhorer Kagoj, Sangbad, Ittefaq, Inqilab, Sangram.29 The Daily Star, 8 February, 2006.
32
referred to the Speedy Trial Tribunal in Khulna., Which referred it back to the Police
Station, in April 2005, for further investigation after recording the statements of 24
out of 54 prosecution witnesses. Since the investigations have moved slowly and
several investigation officer have been changed. On 11 November, 2006, the case was
sent to the Detective Branch of Police for investigation. The Trial for the murder of
Goutaam Das, Faridur Bureau chief of the Daily Shamakal, who was gunned down on
7 November 2005 in his office, was continuing.
Burning of Newspapers:
Newspapers were burnt by hirelings of powerful persons and t other time distribution
of some newspapers was stopped in particular localities. On 22 July, members of
Jatiyo Party (Ershad) and Jatiyo Chattro Samaj burnt more than 12,000 copies of daily
newspapers and threw them into the river in Gazipur and Magura protesting a report
published in the Prothom alo on alleged tax evasion by former military ruler General
HM Ershad. After jumma prayers on Fridays, religious extremists were observed to
burn copies of different newspapers on several occasions during the year.
On 12 October, BNP cadres angered by a negative newspapers report on a local
lawmaker, Zahiruddin Swapan, hijacked a microbus carrying newspapers to
Barisal district and afterwards burnt all the copies of the daily Jugantor in
Gournadi. Jugantor had published a report against Swapan onll October, Although
the Gournadi police recovered the microbus and found the burnt copies near a
patrol pump on Gournadi-Agoijhara-Poisarhat Road, they refused to register a
case.31
30 The Daily Star, 23 July, 2006.31 Ibid, 13October,2006
Table No 2: Violence against Journalists in 2006.
Nature of violence and Alleged
perpetrators
Persons/Numbers
Murdered 4
33
Threats to life 48
Attempted kidnapping 2
Cases filed against journalist 86
Legal notice against newspapers S
Cases field against newspapers 10
Torture/threats/harassment by:
Law Enforcement Agencies SO
'Terrorists' 97
BNP Cadres 83
Awami League Cadres 12
Islam! Chattro Shibir 3
Government Employees 4
Garment Workers 5
34
CHAPTER- SIX
Rights of prisonersRights of Prisoners:
Prisons have not been high on the list of institutional reforms, even though their
conditions demand immediate attention. This chapter highlights some reforms which
were accepted by the Cabinet this year, and others which had been recommended by the
Jail Reforms Commission. Its description of conditions in prisons points to an urgent need
for measures to be adopted in line with Bangladesh's commitments under the ICCPR and
the UN Standard Minimum Rules for the Treatment of Prisoners
The Jail Code:Prisons are managed under the Prison Act of 1894, its accompanying rules, and a range of
internally issued circulars, notices and orders which together from the Jail Code of 1920.
Prison were earlier treated as punitive centers of confinement and they have remained as
such in Bangladesh. Little effort has been made by governments to change these into
rehabilitative and correctional institutions. Human Rights of the Prisoners, unfortunately,
has never been a serious concern for the public either. Human Rights and legal aids
organizations have drawn attention to conditions in prisons which amount to inhuman and
degrading treatment and can be a source of violation of a prisons right to life and personal
integrity. They have also pointed out that prisons as they currently operate offer little
scope for correction and reintegration society.
The four types of prisons in Bangladesh set up under Rule 2 of the Jail Code maintain
different levels of security. There are six high securities Central Jails in divisional
headquarters for convicts, under trial and detunes, which include
35
prisoners serving life or death sentences. There were 32 medium security District Jail for
all Prisoners except long term convicts, 26 sub-jails in district headquarters which offered
minimum security were for under trials and convicts sentenced to less than five days.
Sixteen Thana jails were not functioning.
The Jail Code has divided categories of prisoners into those serving death of life
sentences, convicts, under trials, detunes, juveniles, women and those in safe custody.
There is a further classification of prisoners entitled to 'division' or special privileges,
determined by the Status of the prisoner'. Male prisoners are not segregated, so that under
trials or juveniles may live alongside hardened convicts. Women stay in separate wards
and it was planned to transfer them to a separate jail.
Guidelines for the jail administration are also to be found in the Penal Code, 1886, the
Code of Criminal Procedure, 1898, the Code of Civil Procedure, 1908, the Lunacy Act,
1912, Police Act, 1861, Special Powers' Act, 1974 and the Children's Act, 1974.
Jail Reforms:
Prisons reforms are urgently needed. While commissions were set up in 1957 and
in 1978 to recommend reforms, the process of implementing these has been extremely
slow. The Minimum Jail Reform Commission Report recommended reforms in 1980, which have yet to be implemented.
In 2002, the Government set up a Ministerial Committee for Jail Reforms, headed by the
then State Minister for Home Affairs. The Committee held thirteen meetings
between 2002 and 2006, and made several recommendations. The Cabinet
approved the draft proposals submitted by the Jail Reforms Committee for amendment
of 146 out of 188 articles in the Jail Code 1920,32 and withdrawal of 192 articles. Some of
the amendments were to:
Appoint in each Jail a social welfare officer, with a background in psychology or sociology.
32 Ministerial Committee on Jail Reforms, Ministry of Home Affairs and Meeting held on 13 August,
2006.
36
Appoint a pathology, radiologist, lab-technician and part time dentist along with
provisioning of medical supplies, to facilitate primary medical treatment and dental
care.
Install generators to overcome current outages.
Construct watch towers and provide binoculars and wireless for improved security.
Authorize the Jail Superintendent to grant a higher division (better grade of facilities)
to prisoners included in the warrant of precedence between one to eighteen, to
prisoners awarded with titles for Bar Uttar, Bar Biknini, Bir Prothik, Independence
and Eksushey Awards, to Presidents and Secretaries of political parties represented in
Parliament, Professor, Emeritus commercially important persons.
Allocate one bar of toilet soap and two detergent packets per months to each general
prisoner. Previously, prisoners were given soda only. Quantity of coconut oil for
female prisoners was increased. Reduce imprisonment periods to one third of the
sentence. Reduce by half the sentences of prisoners not convicted for major offences.
Not to impose hard labor such as brick breaking or earth -digging on prisoners.
Provide necessary tools and skill training in sewing, bamboo and cane work for
rehabilitation of women prisoners. Supply additional cosmetics and other items to
items to prisoners in the upper division wards. Provide fly proof nets, television and
electric fans to each ward. Increase the quantity of food and improve nutrition of all
prisoners irrespective of their status. Improve nutrition for child prisoners of up to six
years. Allocate extra clothing for women prisoners. Appoint imams for religious
education of both male and female prisoners at an honorarium of Taka 250.0 per visit.
Deaths in Jail Custody:
Reportedly, 71 prisoners died in 2006 as compared to 86 in 2005 and 104 in 2004.4
According to the jail authorities 35 died of illness and 11 of heart attack. Of the 71
prisoners reported to have died in 2006,
37
45 were awaiting trial. Thirty one deaths occurred in Dhaka Division jails. Four
prisoners were reported to have died after torture and one committed to suicide.
Although post mortems are supposed to be carried out in such cases, there was no
public information regarding the conditions which led to a prisoners' death or whether
any action was taken against the jail official who may have been responsible.
The trend in deaths of prisons showed a decline between 2001 and 2006 (see graph
below). A larger number of deaths occurred amongst prisoners awaiting trial. It
reached its peak in 2002. In the last six years, the highest number of deaths amongst
convicts was reported in 2004 while the highest number of under trial prisoners died
in 2002.
38
CHAPTER- SEVEN
Right to shelterRights to Shelter:Bangladesh, one of the most densely populated countries in the world, has about
36.66 million acres of land, of which 19.28 acres are cultivable. The average land
holding size per head is only 0.24 decimal and 57 per cent of the total population is
landless. Simultaneous rapid urbanization and population growth have put heavy
pressures on limited land resources, making shelter a critical need. This chapter
examines the scope of the housing policies and law to prevent illegal and forcible
appropriation of land in the light of the State's commitments to the right to shelter,
and underscores the weakness of existing regulatory mechanisms to prevent
encroachment on this light by powerful interests.
Constitutional Guarantees:Article 15(a) of the Constitution states that a fundamental principle of state policy is
to provide,"the necessities of life, including food, clothing, shelter, education and
medical care." Further, Article 27 and 31 guaranteeing fundamental rights to equality
and protection in accordance with law may be seen to impose an obligation upon the
State not to take measures that could deprive citizens of their basic needs. Articles 3
and 32 also protect to right to life.
Evictions of Slums:
Notwithstanding existing constitutional and international guarantees against forced
evictions and earlier High Court judgments 33 directing the Government to provide for
proper notice and rehabilitation measures before displacement, slums have been
33 ASK and others vs. Bangladesh and others Writ Petition No. 3034 of 1999 Reported in 19 BLD
(HCD(1999» 488,Modhumala vs Directpor 53 DLR (2001) 540.
demolished and their residents evicted every year. In a pending PIL field by ASK in
2003, on behalf of Kallyanpur slum dwellers, the High Court directed a stay of
eviction with regard to a new eviction threatened in 2006.
39
Slum Eviction in 2006:
Despite several High Court judgments that cautioned against slum evictions without
resettlement, the Government carried out eviction drives in 2006. Four major
evictions took place in Dhaka between March to July at Kamlbag in Lalbag,
Bhasantek and Kallyanpur, Dhaka. As compared to this there were five evictions in
2003, three in 2004 and seven in 2005.
On 16 March 2006, the Dhaka City Corporation (DCC) demolished Dholpur bosti,
popularly known as Bongobondu bosti, despite a stay order issued by the High
Court.35 At least 40 persons were injured in a clash between the police and the bosti
dwellers who demonstrated against the eviction. Around 10,000 persons, reportedly,
became homeless. Four of the protestors were arrested from the site.
On 18 April, RAJUK, with the assistance of the Police, evicted the inhabitants from a
bosti on the Gulshan-Banani lakeside area in Mohakhali. They were reportedly not
given sufficient time to removes their belongings. The slum residents claimed that
they used to stay there on payment of a monthly rent to some powerful individuals,
and that a case to settle the dispute over ownership of the land was pending in court.
On 15 June 2006, the DCC evicted several thousand people by bulldozing and
demolishing their makeship settlements at Bhasntek, Mirpur in Dhaka. The Total
inhabitants complained that the demolition caused loss of properties and personal
belongings, and made them homeless. On the other hand, the DCC claimed that they
had announced the eviction plan two months earlier and asked the slum dwellers to
vacate the space to implement Government plan for widening the road.
34 Writ Petition No. 7585 of 2003.35 New Age, 17 march 2006,
Table No-3: Eviction of Slums in Dhaka. 2006
Year No Name of Bosti and Location Approx no of Reportedly
Families Evicted by
1 Kallyanpur Pora Bosti, 2,300 HBRI
40
2003 2 Mirpur Sat Tola Bosti, 5,000 Health
3 Mohakhali Kawran Bazar NA Directorate4 Bosti, Kawran Pallabi# 1 1 250 DCC5 Bosti, Mirpur Fulbaria
Railway Colony Bosti, 1,000 Railways
Gulistan
1 Gudara Ghat, Tejgaon 2,000 RAJUK2004 2 Bab u para Bosti, NA DCC
3 Mohammadpur Kamalbag NA B1WTA,Bosti, Lalbagh D»A & DCC
1 Begunbari Bosti, Tejgaon 400 DCC2005 2 Babupara Bosti, Katabon 300 DCC
3 Sagorika Bosti, Mirpur 2,000 PWD
4 Chakuli Bosti Mirpur 12 600 Army
5 Hindu para Bosti, Amtoli, 500 RAJUKBanani 1
6 Baydda Bosti, Mohakhali 160 PWD7 Agargaon Old Bazar Bosti,
Agargaon 200 PWD1 3000 DCC
2006 2 600 DCC3 PWD
4
Source: Complied by coalition for the Urban Poor from daily newspapers
36 Inqilab, Sangbad and Jugantor, 16 June 2006.
41
ON 24 June, the House Building Research Institute announced through a
loudspeaker that the Kailyanpur Fora Bosti would be evicted on 26 June 2006. To
prevent this, the slum dwellers field a writ petition in the High Court Division of
the Supreme Court.16
On 20 July 2006, the police ignoring local protests and a pending High Court injunction,
evicted hundreds from Kamaibag Bosti.37
Dhaka city has experienced 128per cent increase in slum dwellers over the last 10 years .
According to a recent survey conducted by the Centre for Urban Studies almost 3.8
million live in slums. In cent of the total urban population, live in slums. Though the
numbers of slum dwellers is increasing, no Government has ever made permanent plans
to resolve the housing problem. Instead, Government agencies has actively evicted slums,
and made land available for profitable luxury development, offices and commercial
space. Constrained resources and free market policies have encouraged private
investment and profiteering in the housing sector.
42
CHAPTER -EIGHT
Right to workConstitutional Guarantees:
garment workersThe Fundamental Principles of the State policy provided for in the Constitution relating
to workers are to be found in:
Article 14. which require the State to emancipate peasants and workers from all forms of
exploitation;
Article 15, which holds the State responsible to ensure the right to work, that is the right
to guaranteed employment at a reasonable wage having regard to the quantity and quality of work, and reasonable rest, recreation and leisure;
Article 20(1), which recognizes work as a right and requires that, "everyone
shall be paid for work on the basis of the principle from each according to his abilities,
to each according to his work."
In addition, the fundamental rights guaranteed in Chapter III, especially relevant to
workers' rights, include:
Article 34, which prohibits all forms of forced labor and makes it a punishable offence;
and
Article 38, which guarantee the right to freedom of association and to form trade
unions.
Working hours, leisure, holidays and leave:
An adult worker shall not work or be caused to work for more than eight hours a
day (sec. 100) and 48 hours a week (sec. 102). The Act provides for overtime
allowance (double the normal payment) if the workers are made to work up to ten
hours a day, with an hour of leisure (sec. 101) every day; and for adolescents to
work not more than five hours a day in a factory or mine (sec. 41(1) or more than
seven hours a day in other institutions (sec.41 (2)) and not at all between 7 pm to 7
am. (Sec.
43
41(3). The Act requires one day weekly holiday (sec. 103), one day annual leave for
every 18 working days (sec. 117) and eleven days' paid festival leave for RMG workers
(sec. 118).
The Act also requires employers to grant 16 weeks paid maternity leave (eight weeks
before delivery and eight weeks after delivery) to female workers (sec. 46), on condition
that the worker was employed for at least six months in the factory. Women having two
or more children would not be eligible for maternity benefits (sec. 46(2)). If a working
mother dies, maternity allowance would be given to her nominee for the benefit of the
child (sec. 49). Employers are also required to pay workers for leave not enjoyed by them
(sec. 11).
Workers' health and sanitation:Employers are required to maintain cleanliness in factories (sec. 51), ensure proper
ventilation and temperature within factories (sec. 52), install dust exhausters (sec. 53),
ensure adequate natural and electric light in the workplace (sec, 57), arrange pure
drinking water for workers (sec. 58), and install adequate toilets and urinals separately for
male and female workers
Custody of service book:
Employers, at their own cost, are to maintain a service book for each worker (sec.6
(1)), which will remain with the employer (sec. 6(2)). However, the worker may
retain a copy at her/his own cost (sec. 6(6)). Workers have observed that the service
book is an important document and the Act should guarantee that the service book be
made available to the workers Criminal Offences and Sentences
New criminal offences relating to violations of the Act that cause death or injury (sec.
309) have been included, with significantly higher sentences available. (See table X.I
below)
44
Table No-4: Changes in Offences and Sentences
Offence Factories Act, 1965 Bangladesh Labour Act, 2006
Prosecution of
Criminal Cases
Magistrates' Courts upon
complaint filed by Labour
Inspector
Labour Court (sec.313.1) Right ol
prosecution extended to
aggrieved party
Violations causing
death, grievous injury or
other harm
Maximum Tk 1 000 and Tk
75 for each additional day
of contravention (sec.93)
4 yrs imprisonment + Fine Tk 1
00,000 (sec.309) Paid to injured or
deceased rep. 2 yrs imprisonment
+Tk 10,000 fine
Fine for contravention Max Tk 1000 + Tk 75 for
each day of contravention
6 months + Tk 2,000 fine
Selling or renting
unguarded machinery
Tk500(sec.28) 3 months imprisonment +Tk 1000
fine (sec. 208)
Failure to notify
authorities of an
accident causing
serious injury
X TklOOO(sec.SO)
Other violations of
health & safety duties
sec. 93 3 months imprisonment or Tk 1000
fine
Second time
conviction
Double punishment
(sec.95)
Double level of fine or
imprisonment (sec. 308)
Non-compliance of
order of conviction
sec. 104 6 months imprisonment or Tk
2000 fine.
45
Migrant workers:
They are the second highest foreign exchange earners. About five million workers and
professionals are employed abroad, half of them in Middle Eastern countries. Many
others are working in South East Asian countries, the USA, Europe and Canada. In
2006, about 0,4 million people left the country for overseas employment.37 Most
migrant workers are employed in construction, domestic work, garments or as
unskilled ed workers.
Table No-5: Number of Workers Recruited for overseas Employment in 2006.38
Saudi Arabia UAE Kuwait Bahrain Malaysia
109,513 130,204 35,775 16,355 20,469
Child workers:
According to The National Sample Survey, 2002-2003, a total of 7.42 million children
below the age of 17 years were working in various sectors. Seventy per cent of them
entered the labor market due to poverty.39 Only six per cent were employed in the formal
sector whereas 89 per cent worked in the informal sectors. They were often engaged in
hazardous work. For example, according to a UNICEF estimate, in 2004 there were
10,000 child sex workers, but other estimates placed the figure at 29,000.40 In 2003,
BGMEA, the Department of Labor and ILO jointly inspected 2,200 factories with a view
to eliminate child labor in the RMG sector. They found that less than one per cent of the
factories surveyed employed child labor, which was a huge decline from 25 per cent
children employed in garment factories in 1997.
37 P.Palma, "Workers turn the golden goose ", The Daily Star, 5 January 200738 Ibid39 RILS, Labour Market and Trade Union Fact Sheet.
40 JCFTU "Report for the WTO General Council Review of the Trade Policies of Bangladesh", Geneva,
13 and ISSeptember, 2006\
Women's Rights:
46
This chapter traces the legal developments during the year to advance the protection
of women's rights in conformity with UNCEDAW. It also looks at the sources of
inequality of laws and policies as contributory causes of discrimination and violence
against women in the family, the community, the workplace and the public arena.
47
CHAPTER -NINE
Women's RightsInternational and Constitutional Developments:
The UNCEDAW Committee in its review of Bangladesh's progress on
implementation of the convention in 2004 had recommended that the Government set
a time limit for withdrawal of reservations of Articles 2 and 16.(c), and take measures
to incorporate into domestic law all unreserved provisions. In particular, it had
recommended the enactment of legislation to grant equal citizenship rights to women
and men, and on remedies for domestic violence. It also called for ensuring equal
participation of women in the political process through direct elections. The Minister
of women and Children's Affairs, who led the official delegation to the Committee
hearings, committed to the Government to review the reservations, to amend the
citizenship laws and to enact a law on domestic violence before the next reporting
period. The Minister did not agree with recommendation for direct elections to be
held for seats reserved for women in the National Parliament since there was no
constitutional bar on women directly contesting for the general seats Draft Bill on
Domestic Violence.
The law commission had prepared a draft Bill on domestic violence after eliciting
views from the Judges of the Nari o Shisu Nirjatan Court, District Judges, District
Magistrates, Family Courts, women's organizations, NGOs, academics and others.
The Bill, if enacted, would have gone some way to meet the recommendations of the
UNCEDAW Committee, which had urged States' parties to adopt, **a comprehensive
approach to address violence against women and girls," and "specific legislation on
domestic violence within a clear time frame."41 The Bill proposed a definition of
domestic violence as follows:
41 OHCHR, Concluding Comments of the Committee on CEDAW. Bangladesh, 18/08/2004.
A/59/38(SUPP) paras. 228-167, relevant para242.
48
"Violence perpetrated by a man upon a woman and vice versa in course of leading a
domestic life. Domestic violence is not confined to married couples only, but extends
to cover other couples who are jointly living together. It may also cover men and
women other husbands and wives, such as parents, brother, sisters or co-tents,
domestic help, etc. Domestic violence, according to the Bill, included physical, sexual
and psychological abuse. It fell short of expressly identifying economic deprivation as
a from of violence, although this is a major means for controlling a woman's mobility
and autonomy. Controversially, section 3(b)(ii) extended sexual abuse to imply "
forcibly marrying a religiously prohibited woman (sic) or establishing illicit sexual
connection with such a woman voluntarily or otherwise..."
The Bill proposed authorizing the Court to issue an interim protection order pending
any investigation relating to an offence of domestic violence (sec.4), for a
period not exceeding twelve months (sec.6), and direct to the offender to pay
compensation (sec. 10), in case of personal injury, psychological damage or damage
to property, financial loss or trauma.
ASK and BNWLA, while supporting the need in principle for such legislation, held
separate discussions with judges, lawyers, women's rights defenders and other
stakeholders on the Bill, and submitted detailed comments and recommendations to
the Ministry of law.42
ASK; in addition, recommended that the Government adopt the following strategies to
curtail domestic violence:
Enact laws and regulations prohibiting discrimination against women.
Amend laws to criminalize marital rape.
Maintain national statistics on the nature and degree of domestic violence.
Launch awareness campaigns about the laws and its utility.
Establish a clear domestic violence policy within the justice system (police, local
bodies, and courts).
Formulate clear guidelines for police intervention in domestic violence cases.
42 ASK, The Daily Star, 19August,2006.
49
evelop standardized protocols for medical personnel and provide training on the
management of domestic violence survivors. Expand the number of shelter homes for
survivors and their dependents and improve the quality of services. Provide
comprehensive services for medical and health care, police protection and security, legal
help, counseling and shelter. Support NGOs work in deterring domestic violence. Provide
4 legal representations for survivors of domestic violence. Expand women's access to
micro-credit, skills training, and employment.
The Divorce Act, 1869 (Amendment) Bill:The Law Commission submitted the draft of an amendment to the Divorce Act, 1869 to
the Ministry of Law on 19 February 2006 with a view to bring substantial relief and
speedy justice to Christian women who currently have to wait for several years to get
final divorce decrees or to nullify a marriage or obtain judicial separation.
Section 4 of the Divorce Act gave the District Courts concurrent jurisdiction with the
High Courts in case of dissolution of Christian marriages. But section 17 of the Act
specified that every decree for dissolution of marriages passed by a District Judge would
need to be confirmed by the High Court. The District Judge thus was legally obliged to
refer the case under section 17 for confirmation to the High Court Division. The reference
was required to be hared by a Special Bench consisting of three judges with a further
provision that decree could not be confirmed under this section until six months after date
of the decree. A Christian spouse thus had to face considerable hardship in getting a final
divorce following a lengthily procedure under the Divorce Act, 1869. The draft Bill
recommended omission of section 17 from the Act and amendment of section 4 to confer
exclusive jurisdiction to the Districts Courts.43
Section 10 of the present law discriminates between a husband and a wife in respect of
divorce on ground of adultery. A husband can seek for dissolution of his marine by
simply alleging adultery against his wife but the wife, apart from alleging adultery, is
bound to prove such adultery to have been committed with cruelty.
43 The law commission, "A Final Report on the Proposed Amendment of the divorce Act 1869".c
50
Desertion or other grounds. To remove this disparity between the two partners the
Commission re-commended that section 10 of the Act be amended to within the
common ground of divorce for both. The Commission also recommended
introduction a new provision in section 10,4 of the Act to enable dissolution of the
marriage on grounds of mutual consent. The Commission recommends repeal of
section34 of the law, which allow a husband to claim dames for dissolution of
marriages or judicial separation on the ground of the wife's adultery.
Women's Political participation:
In the Eighth Parliament, only six women were elected to general seats; in a 51
member Cabinet only three women were appointed as ministers.44 The Prime Minister
Khaleeda Zia and the Leader of the Opposition Shekh Hasinahad each contested from
multiple constituencies. Following the enactment of the National Parliament
(Women's reserved Seats) Amended Act, 2004, 36 women were nominated to
represent their parties in 45 seats. The women members were not particularly defeats.
Several of them were nominated to serve on the Standing Committees but there is no
record of whether they raised women's concerns either in the committees or in the
Parliament.
Table No - 6: Women's Participation in the Cabinet from 1972- 2006.
Ruling party Period Cabinet members Women Ministers
Percentage
AL 1972-75 50 2 1
BBBBNP 1976-82 101 6 5.94
Jathyio Party 1982-90 133 4 3
BNP 1991-96 39 3 7.69
AL 1996-01 38 4 10.52
4 party
alliance
2001-06 51 3 5.88
44 Jugantor, 28April, 2006
51
Women members elected to the Union Perished were reported to have been more
actively involved in shalish (mediation) conducted at the UP offices than in previous
years, and also took on other responsibilities.
Violence against Women:
Newspaper statistics on violence are most likely gross under estimates, since reporting
is sporadic and it is not followed. Women in Bangladesh are exposed to extreme
forms of insecurity as a result of different forms of violence within the family, the
community and in public spaces. This is why socio-cultural and economic dynamics
of gender relations s a cause of such violation need urgent examination. The recent
trend in incidents of suicide by women, instigations to commit suicide, or murders
passed off as suicides needs to be studied seriously. How does women's subordination
and lack of mobility catalyze cases of suicide or domestic violence? While legislation,
support structures and economic opportunities for women may offer a framework for
autonomy, strong social messages need to be disseminated through the popular media
and culture, so that violence is recognized as a crime and not interpreted as an
inevitable condition of gender relations
Domestic Workers:
Domestic workers are reportedly exposed to violence and abuse, sexual harassment,
even rape and murder. The Bangladesh Institute of Labor Studies (BILS) conducted a
study on several hundred domestic workers which showed that at least 17 percent
were sexually abused, 47 percent were physically assaulted, 63 percent were
forced to work beyond their physically capacity and 83 percent were verbally abused
mercilessly.45 In twelve instances the workers died. They have little or no access to
legal remedies even in case of gross violations of their rights.
The table below complied from nation's newspapers shows that out of 107 reported
cases of rape or other forms of physical violence, twelve women died and three were
allegation of five suicides. Only 39 vases were field but their outcome was not known.
45 New Age 15 December 200746 M Haider, "No laws protecting Invisible Domestic Workers" , New Age, 8 March, 2006
52
Table No-7: Reported Incidents of violence on Domestic Workers in 2006.
Age 7-12 13-18 19-24 25-30 30+ Not Total No. of
\ mentioned cases
Nature of
violence
Physical 30 IS 1 2 3 4 58 22
violence
Rape 2 1 1 4
Forms of 5 26 10 3 1 45 17
violence
not
mentioned
Total 37 45 11 2 6 6 107 39
Deathfromphysicalviolence
3 10 1 12
Suicide 1 3 1 5 4
Domestic Violence:
According to media reports, across the country 47 percent of women were
subjected to domestic violence, with the figure rising to 67 percent in rural areas.
In 70 percent of the cases, husbands were held responsible.47 In most cases;
violence was perpetrated by the closest members of the family. The compilation of
figures does not indicate the total picture, since newspapers reports are selective.
47 Manabik Shahajya Shangstha.
53
Research on domestic violence has pointed to the need for effective legal protection
and rehabilitation of the survivors. Shelter homes, with counseling services, as well as
economic self-sufficiency are essential preconditions for survivor's protection.48
Table No.-8: Reported Incidents of Domestic Violence in 2006.
Age 6-18 19-24 25-30 30+ Not total No. ofNature and mentioned cases
perpetrator/s
Violence by 1 6 5 9 21 5
husband
Violence by 2 3 2 7
husband's
family
Violence by 1 1 5
own relative
Murdered 10 65 47 33 57 212 73
by husband
Murderedbyhusband'sfamily
10 11 5 9 35 18
Murderedby ownrelative
1 2 1 2 4 10 5
Suicide 4 7 3 1 15 5
Total 11 84 75 48 83 301 106
48 The Law Commission "A Final Report on The Proposed Law on Domestic Violence along with a
draft bill namely a domestic violence act 200......." 29 December, 2005
54
Dowry related Violence:According to Table compiled by Ain-O- Salisli Kendra (ASK), from ten national
newspapers, 334cascs of dowry related violence were reported during the year, of which
259 resulted in death. In many cases, the Doery Prohibition Act on 1980 is note fictively
enforced because of the legal requirement of producing evidence of dowry demand and
because both parties are held culpable for giving and taking dowry. In most cases, parties
cannot produce proof of verbal and secret dowry demands. Generally criminal cases are
filed in cases of egregious violence percent, without the element of a dowiy demand, is
not taken seriously by the authorities including the police.
Table No-9: Reported Incidents of Dowry Related Violence in 2006.
Age
Nature
of
Violence
13-
18
19-
24
25-
30
30+ Not
mentioned
Total Death Suicide No.
of
cases
Physical
violence
24 125 76 12 91 328 34
Acid
burn
3 1 2 6 1
Total 24 128 76 13 93 334 35
Death 18 105 71 10 55 259 256 48
Suicide 1 2 1 1 5
Dowry is not, as obis often stated, a traditional practice, it has modern overtones
propelled by a globalize commercial culture. So for example, in a resent study it was
found that an increase in dowry was attributed it the groom's financial need for travel
aboard. Another study found that one of the min reasons for depression or chinta rog (as
described in Matlab thana, Comilla) claimed by middle aged men and women is the
economic and social impact of having a daughter which requires them to ensure her
security and safety, and also somehow to find the capital to invest in her marriage.49
49 BRAC School of public health 'cultural dimensions and socio-dcmographic correlates of Depression in Matlab, Bangladesh'.
55
Acid Attacks:
During the year newspapers published 142 reports of acid attacks on women,
attributing the cases in 26 cases to land disputes, 22 cases to family disputes, 18 to
family enmity, eight to being instigated by the women's refusal of sexual relationship
and marriage or to refusal of dowry demand.50
Rape Media reports (see Table) indicated that in a total of 741 instances of rape,
141women were killed after rape. Women in the age group of 7-18 years were most
vulnerable. Twenty one rape survivors were reported to have committed suicide. In 35
incidents of rape, shalish or mediation followed rather than investigation or
prosecution of the personnel responsible for the criminal offence.
Table No-10: Reported Incidents of Rape in 2006.
Age Under 19-24 25-30 30+ Age not Total Death Suicide
Form of 18 mentioned
rape
Attempted 7 10 4 2 27 50 5 2
rape
Rape 185 21 13 11 178 408 35 17
Gang rape 54 15 11 10 136 226 48 2
Perpetrator 6 1 3 2 42 57 53
not
mentioned
Total 252 50 31 25 383 741
Death 53 10 6 4 68 141
Suicide 8 1 3 2 7 21
50 ASK Documentation unit.
Fatwa Instigated Violence:Newspapers reported that during year a total of 39 women was fatwa instigated violence.
The most common causes were rape (where the survivor is also punished on allegations
56
of *Iove% pre-marital or extra marital relationships, pre-marital pregnancy, and oral
divorce. It is clear from this pattern that fat was instigating violence are a means of moral
policing which operate by placing physical restrictions and punishments on women and
subjecting them to violence in order to constrain their behavior and choices.)
On 23 October 2006, the Awami League signed a MoU51 with Khalafat Majlish. a
fundamentalist party, in which it agreed to recognize fat was given by Hakkani Imams.
This Moue was a serious disappointed for women, and many groups protested the
agreement as it would subordinate rural women to the will of religious obscurantist. This
agreement was widely criticized as a major reversal in the AL's avowed committeemen to
a secular society and to women's constitutional rights, and a betrayal of grassroots
women's rights defenders who continued to face threats from obscurantist religious
leaders.52
Table No.-ll: Reported of Fatwa Instigated Violence in 2006.
Fatwa Hilla Lashes Social Physical/Mental Total Case Suicide
Cause Boycott Torture field
Rape 5 1 3 9 4 2
Premarital 2 1 3 1
pregnancy
Oral 9 6 15 3
Divorce
Allegation 4 3 7
of
51 "AL- bigots electoral deal stuns all, The Daily Star 25 December 2006.52 In 2004, The High Court had given a judgment suo motu declaring Fatwa's as Unconstitutional.\
'love*, pre-
marital
relationship
Extra 2 3 5
57
marital
relationship
Total 9 11 15 4 39 8
Suicide 2 2
Rights of Religions Minorities:
Over the last decade, there has emerged both a pattern and predict ability in reports of
disenfranchisement of religious minorities in Bangladesh. A steady stream of news
stories about and grabbing violence (sexual and otherwise) and threats seem like
background "white noise" in the volatile human rights context of Bangladesh.
Only a few new issues (burning to death of a whole family), have provoked sustained
protest in the national media.
This chapter argues that the Vested Property Act has been the most damaging
law affecting the rights of minorities to enjoyment of their land and right to property.
Their insecurity has been further enhanced with their relative exclusion from
opportunities to education and employment.
58
CHAPTER-TEN
Right of religious minoritiesThe Vested Property Act:
Of all the threats that face Bangladesh's non-Muslims in the plains, that resulting from
operation of the Vested Property Act, 1974 is the longest running and most damaging.
Although other forms of discrimination grab headlines, they pale in comparison to the
impact of land-grabbing over the last thirty six years through abuse of this law. Since
the return to an elected parliamentary system of governance in 1991, this law has been
the subject of numerous public protests, editorials, seminars, research papers and
political forms. Op-ed columnists have branded it as "state sectioned communalism,"
Yet, in spite of a high level of debate, the law is still on the books (albeit in a
significantly amended form), and continues to be used as a powerful weapon against
minorities.
The Enemy Property Act was initially enacted in 1965 after the Indian-Pakistan war.
It authorized the Government to confiscate properties belonging to those who had
migrated from Pakistan to India (mostly Hindus the then East Pakistan, now
Bangladesh). In 1974, the Vested Property Ordinance was promulgated, with the
stated justification that it would allow 'enemy' property to vest in the Government.
Since then, the law has stayed on the books and its provisions have been applied
arbitrary and repeatedly to grab large portions of land wand by both Hindus and
Christians as well as Adibashis.
IN typical cases, property is physically seized by local persons, often neighbors,
usually affiliated with powerful politicians or landowners. A case is then fielded
showing the property to be 'vested' in the state. This is fairly easy process with the
complicity of corrupt, local officials. As long as a case is on, lease implementation
can continue. Some cases brought under the VPA stay on court dockets for decades,
turning minority litigants into landless paupers. Whether the cases are won or lost
becomes irrelevant as eventually penniless former land owners have no choice but to
give up their claims.
53 Sukhdev Sana, "Vestsd property Act, Taking away Minority rights", Sangbad, 30December 2006.
On 9 April 2001, towards the end of the Awami League's term, Parliament finally
enacted the Vested Property Return Act, 2001 but it could not be enforced and the
59
Government has done little to enable the return of properties earlier treated as vested.
Even if the law was implemented, it would only narrowly apply to properties
appropriated between in al the years since 1969.
The UN Special Reporter on Religious In tolerance raised several criticisms of the
Bill which ultimately became an amended Act: "According to the non-government
sources, the bill provides that properties legally vested under the ownership of the
Government and those declared to be enemy or vested property after 16 February
1969 will not be considered as vested property after the said period. Most Hindu
property, however, was declared vested property after that date. The Bill also states
that the proprietorship status of the vested property will not be challenged if the
property was transferred to the Government, a government institution, or to a private
individual, has been sold or has been handed over permanently by the Government at
the directives of a court.....The bill also provide that if the original owners do not
submit their ownership documents to a court within 180 days following promulgation
of the law, the Government will acquire their property. The Hindu community
considers this time period too short. Lastly, the bill provides that in the event of the
decease of the original owner, rights of inheritance shall apply in accordance with
Hindu women would therefore be automatically excluded from in heritance, since
Hindu religious personal laws do not accord any rights of inheritance to women".
The year saw unabated land grabbing, including land belonging to Hindu temples, as
well as individual plots. National newspapers reported 43 incidents of attacks on
temples and 45 cases of land grabbing in diverse areas. In Joypurhat district, Kalai
than a, 126 bighas (4,158 decimals) of land were reported to have been grabbed, 54 and
temple land was occupied in Badarganj than a, in Savar, BNP cadres were reported to
have appropriated 16 bighas (about 528 decimals) of land belonging to a leader of a
Hindu weaving community, a local Jamat leader reportedly set up a shop on temple
land, a cremation ground was also occupied in Thakugoan and in Manikganj a temple
was under threat of occupation.
54 Anwar Parvez, "attempt to suppress news of grabbing of 126 bigha of vested Property in kalai",
Prothom Alo, 27 October, 2006
60
Table No-12: Reported Attacks on Temples and Land Grabbing in 2006
Division Attacks o Temples Land Grabbing
Dhaka 7 14
Chittagong 6 9
Rajshai 13 14
Khulna 10 8
Ban sal 5 6
Sylhet 2 3
Total 43 54
Even a high status in society gave no protection, as Sunamganj; reportedly, saw land
belonging to 69 prominent individuals, including the former Member of Parliament,
Barun Roy, appropriated. Sometimes violent means, or threats of violence, were used
to grab land. Following rumors of the desecration of the Holy Quran,30 homes
belonging to Hindus were burnt down in Gopalgonj.^Sexual violence and harassment
of women was also used as a means of grabbing land, reportedly, for example, in
Angerdoha village, Dumoria Thana, Khulna district and Mil on village, Savar Thana,
Dhaka district..
55 "Threats of occupying village temple in Manikganj" Janakantha, 2 September, 2006.56 "30 minority Homes Torched after Allegation of desecration of pages of Quran" Prothom Alo 8
October200657 Janakantha 22 April 2006
61
There were several reports of violence on individuals including Chondon Rani
Mondol (32years) of village Outshashi, than a Tongibari, district Munshiganj, Raza
and Kishore Bashfore of Kacharipara, pabna Town, district pabna, Tabita Maruk (18
years), of Khwa Dokkhiii Khanda Chistian Polli, than a Sirpur, district Gazipur, Bakul
Rani pal (75 years), of Rahomotpur village, Babugang thana ,Barisal District, Khoka
of village Lohon Kotha, thana Raigonj, district Sirajgonj, and Nikhali Ghosh of
Angaria River Port, thana Sadar, district Shariatpur.
While there is a need for more through investigation and documentation of such
incidents, the challenge for right's defenders is to channel popular outrage and media
attention about individual incidents towards the more difficult, long term work of
abolishing harmful laws, enacting new legislation and enforcing existing legal
protection.
Crisis of Secularism:
The AL's non-communal position may have been eroded by some of its expedient
electoral alliances. IN late 2006, as part of the pre-election campaign, the AL began
forming coalitions with smaller Islamist parties, and gave nominations to Islamists
known for provocative ant minority statements. For example, in Shylhet the AL
bypassed its former MP, known to be a progressive, and instead nominated Maulana
Habibiur Rahman, who at one time had demanded execution of Taslima Nasreen,
Professor /alar Iqbal and several cultural activities.
In December 2006, it suddenly announced a pre-election Memorandum of
Understanding with a small Islamist party Khelafat Majlish. The key points of the
Moll included:!) No law to be enacted contradictory to Qurqnic values, Sunnah and
Shariah, ii) qualifications issued by Kawmi madrasshas to be recognized for the
purpose of recruitment to Government jobs, iii) laws to be enacted (a) acknowledging
the Prophet Muhammad (PBUH) as the final and greatest [prophet, (b) allowing
certified Hakkani Alems to issue fatwa's, and (c) making any criticism of the Prophet
and the Caliphs a punishable offence.
62
This document was a repudiation of the AL's pronounced adherence to non-
communalism. The Moll was reportedly kept secret prior to its announcement and
only known to select groups of leaders such as party President Sheikah Hasina,
Secretary General Abdul Jalil, Sheikah Hasina's advisors and a few others. For most
of the parry's top leadership, announcement came apparently out of the blue and
highlighted at its most extreme, the lack of internal democracy in the party. Senior
leaders and some of the presumed 'next generation' leadership were caught completely
off guard. Only a few months earlier a senior leader had reiterated AL's commitment
to secularism in a globally televised BBC debate.58 There were strong reactions from
grassroots AL workers as well as from within the Fourteen Party Alliance. Many
prominent AL-a!igned cultural workers, intellectuals and political activities publicly
condemned the MolJ.
EV January 2007, Sheikah Hasina finally cancelled the MolJ, but stopped short of
acknowledging it as a mistake .She ex planed that the cancellation of the elections had
made the MoU irrelevant. The larger issue it highlighted for many committed to
human rights principles was that the rights of the minorities and citizens right to
freedom of belief might become hostage to electoral strategies.
58 BBC , "Can Democracy Deliver in Bangladesh" 2006
63
CHAPTER -ELEVEN
Right of the AdibashisRights of the Adibashis:
This chapter explores the many facets if insecurity experienced by Adibashis in terms
of their economic situation, social margin alization, political non-recognition and ever
growing fear of the loss of their collective identity. The last year has seen a continuum
of abuses against Adibashis, with violations of their fundamental rights both in the
Chittagong Hill Tracts and the plains. In the CHT. there was a further dimension-a
legacy of the conflict in the region. The chapter first examines the situation in the
CHT, in the plains focusing mainly on land rights, civil rights as well as socio-
economic rights T n each case.
Bangladesh is signatory to several major international legal instrument, with the
significant exception of TLO convention 169. Historically, 'Bengali nationalism' was
recognized as the ethos of the state. This constitutional denial of other cultures and
languages has been a major issue for the Adibashis, 9 in particular, and also for the
country as whole, as it is perceived as a barrier to a pluralistic Bangladesh that
actively promotes diversity.
Bangladesh is home to as many as 49 distinct ethnic Adibashis groups, which
constitute two per cent of the total population, according to the Bangladesh Adibashis
Forum. Although their numbers are insignificant in proportion to the total population
of Bangladesh, Adibashis are staggered across the country. Their largest concentration
is in the Chittagong Hill Tracts (CHT), where thirteen different Adibashis groups60
constitute a razor thin majority over the ethnic Bengali population. In the plains, they
are mostly concentrated in the greater Rajshahi,
59 The Government of Bangladesh has preferred the term tribe in recent and policy documents but other
terms have also been used.60 Chakma, Manna, Tripura, Mro, Tanchangya, Ryang, Khumi, Chak, Mro, Khyang, Bawm, Pangkhua,
Lushai.
64
Mymensingh and Syhlet regions. There are significant Adibashis populations in the
Gazipur district of Dhaka and in the coastal regions of southern Bangladesh.
Chittagong Hill Tracts:The CHT Peace Accord signed in December 1997 between the Government of
Bangladesh and the PCJSS (Parbattya Chottagram Jano Samhati Samity) rasied hopes
for a peaceful settlement of the two decade old conflict. The implementation of the
Accords was seen as critical for sustainable peace in the region. Tt was also a unique
document being the first since the foundation of Bangladesh to recognize the rights to
the Adibashis ('Tribal' in the original text).
There has, however, been a troublesome legacy of sporadic strife between the
Adibashis and the Bengali 'setters', which may have been exacerbated by the military
presence. According to the Peace Accord, the deployment of army personnel was
supposed to be limited to half a dozen large garrisons and the remaining camps were
to be closed. There is, however, little or no official information in this regard, but
eyewitness reports from the region would testify that the task has not yet been
completed.
Status of the Peace Accord:Implementation of the Peace Accord has not been significant. A three member
committee for the implementation of the Peace Accord formed by Awami League
Government became totally dysfunctional during the tenure of the BNP-led
Government. The CHT Affairs Minister also did not meet with the Advisory Council
members to the Ministry. As a result there has been no progress in activating key
conflict resolution mechanisms envisaged in the Accord, such as the Parbotya
Chottogram Bhumi Birodh Nishpotti Commission (CHT Land Disputes Settlement
Commission) and Refugee Rehabilitation Task Force. They were expected to bring
about an acceptable and permanent solution to the land disputes and settlement of
peoples from the plains, on lands claimed by the Adibashis, "in accordance with
registered title and/or customary law."
65
According to the Pahari members the major obstacle to the Commission's work is that
the Act itself deviates from the structure and functions as laid down in the Accord.
The discrepancies include the (i) jurisdiction a! area of the Commission and the (ii)
vesting of near absolute veto-like powers upon the chairperson in case of absence of
consensus among the members.
Since its establishment the Land Disputes Settlement Commission has remained non-
functional, a major reason, according to the Adibashis members being that the Act
itself deviates from the structure and functions as laid down in the Accord. The
discrepancies include jurisdictional area of the Accord and the vesting near-absolute
veto-like powers upon the Chairperson in case of absence of consensus amongst
members. The fate of the Refuge Task Force is similar to that of the Land
Commission. After much delay, the Government reconstituted it with new members
in 2004. But this Task Force too has remained non-functional
Freedom of Association:
Freedom of association and expression remains restricted in the region, another legacy
of the insurgency years. Nevertheless, consequent to the signing of the Peace Accord,
the Ad i bash is have formed or activated socio- economic and development
associations and organizations. The Hill Tracts' Forum (HTNF) formed to coordinate
their activities, however, was instructed by the Department of Social Welfare,
Rangamati in a letter to suspend its activities since it was not a registered body, and
the NGO Bureau to the HTNF not to represent NGOs or use the name since the
process of its registration with the Bureau had not concluded. HTNF had been denied
registration since it was composed of organization rather than of 'persons'.
66
CHAPTER -TWELVE
Child Rights
Child LabourInternational Commitments: Article-25 of the Universal Declaration of Human
Rights (UDHR) states that everyone has the right to a standard of living, adequate
health and well being, including food, clothing housing, medical care and necessary
social services. Motherhood and childhood are entitled to special care and assistance.
The UN Convention on the Rights of the Child (CRC) stipulates that it is every child's
right to have a name and nationality and to have a family who will love and care for
it. The Convention also stipulates that every child has a right to adequate food and a
healthy and active body; to obtain a good education and develop potential; to
opportunities for play and leisure; to protection from abuse, exploitation, neglect,
violence and danger, and assistance from the State. Bangladesh as a party to CRC is
obligated to protect and promote the rights off all children
Constitutional Guarantees:
The Constitutions of Bangladesh safeguards fundamental rights to life, liberty, and
equality under the law, protection of the law, freedom from torture and prohibition
from forced labor. The fundamental principals of State policy include: Freedom from
exploitation (Article 14) Providing the basic necessities of, life, including food,
clothing, shelter, education and medical care, right to responsible rest, recreation and
leisure and the right to social security, to public assistance in cases of undeserved
want arising from unemployment, illness or disablement, or suffered by orphans
(Article 15);Establishing a uniform, mass-oriented and universal system of education
and extending free and compulsory education to all children to such stage as may be
determined by law (Article 17), raising the level of education and improving public
health (Article 18); Non-discrimination on grounds of religion, race, caste, sex or
place of birth (Article 28); Equality of opportunity and affirmative action and
reservations for children (Article 29); Prohibition on forced labor (Article 34).
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The Children Act. 1974:This is the principle law that provides for care, protection and treatment of children both
as victims and as accused-and species the empowerment of children as its first guiding
principle. Its main objectives are to ensure children's protection and treatment. It imposes
various duties and obligations upon the state, which are to be implemented through the
following mechanisms: Juvenile courts separate from other criminal courts, to be
established to protect all children (victims and accused) (sec.3 Chapter 4 and 6)
Juvenile courts to be housed in a building or room different from that in which the
ordinary sittings of the Court are held (sec.7), hold separate trails for children and adults
(sec.6), protect confidentially (sec.9, 10, 11), asses children's age, circumstances,
character, and probation, officers report (sec. 15), not to impose imprisonment or death
sentences except in exceptional circumstances (sec.51), if necessary send the child to a
certified institute for development (sec,52)? discharge child after due admonition or
release on probation under probation officer's or parent guardian's supervision (sec.53)»
put children at risk of harm under supervision or a care given or institution (sec. 32.3-
32.6) Police station to grant bail to children (sec.48)
Police to be responsible for keeping children in a safe place (sec.49), informing parents
(sec. 13.2), and probations officers (sec.50), rescuing them from harmful situations
(sec.32).
Probation Officers work in the best interests of the child in, as appropriate, conducting
any social inquiry (sec. 15, 50), reporting to the court (sec.31.3c), supervising children in
probation (sec.53), support rehabilitation (sec.31.3d), rescuing children from harmful
situation and escort them to the Juvenile court (sec.32).
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Status of Children:Bangladesh has a total population of 139.2 million, with a fertility rate of 3.2. The
population of children in the age of 0-14 years is almost 50 million. Given such a
large child population, coupled with the law productivity of adults and resource
constraints, it is inevitable that not all children are cared for and many of them have to
work for their livelihood, which deprives them of a healthy childhood that includes
access to nutrition, health care, education and recreation. In 2006, Bangladesh was
ranked among the world's medium developed countries at number 137 (out of 177
countries). In UNDP's human poverty index (HPI-1), 61 Bangladesh ranked 85th
among 102 developing countries.
The percentage of under-five year old-weight children is 48 per cent of adolescent
girls and 30 per cent of boys suffer from anaemia.7 Thirty per cent of infants have low
birth weight. The infant mortality rate is 56/1,000 live births and the under-five
mortality rate is 77/1,000 live births. Life expectancy at birth is 62.6 per cent The
maternal mortality rate is 280/1000, 000 live births. HIV prevalence in the age groups
of 15-49 years is below 0.2 per cent of population and there are 435 cases of
tuberculosis per 100,000 persons. Seventy four per cent of the population has
sustainable access to an improved water source. Childhood health and disease has
reduced significantly with widespread immunization coverage. Nevertheless,
Bangladesh remains one of the highest malnutrition-prevalent countries and a high
proportion of low birth weight in new boms continues to be a major concern.
Approximately five million working children in Bangladesh are excluded from formal
education. Although the ILO and the Government have taken up programmers to
eliminate child labor from the formal sector, many children remain involved in
hazardous work in the informal sector. The ILO has identified a list of 49 hazardous
forms of employment, including shrimp processing and production.
61The HPI-1 Measures severe deprivation in health by the proportion of people who are not expec
The media response:
A positive change in media reports on child issues in 2006 has drawn increased attention
from policy makers and the higher judiciary to the violations of child rights. Reports
69
documenting the prevalence of violence and editorials have broken social taboos on
revealing such information.
According to the Bangladesh Sliishu Adhikar Forum (BSAr). 62the media in 2006
reported on 2,953 incidents of violence against children including 267 murders. News
reports also drew attention to the violence on young domestic workers perpetrated by
their employers. While these figures cannot be used to identify trends, since not all
incidents are reported regularly, a compilation from ten newspapers showed a higher
number of incidents of violence on child domestic workers reported in 2006 as compared
to 2005.
Juvenile justice issues became the lead news in several newspapers and electronic
channels. On the third anniversary of the landmark judgment cited earlier 63several stories
were published on the implementation of the Court order to release children from jail.
Local newspaper reports resulted in building critical awareness and mobilizing support.
Table No-13: Violence against Child Domestic Workers** 2012-2014
Type of Violence 2012 2013 2014 Total
Physical violence 32 48 45 125
Killed after physical 22 47 12 57
violence
Rape 16 13 11 40
Killed after rape - - 2 2
Death after abortion • 2 1 3
Suicide - 5 13 18
Total 70 115 84 245
62 Quarterly Report of the Bangladesh Sishu Adhikar Forum based on Twelve National Newspaper
Reports. January - June, 2006 and July - December 2006 Issues.63 Writ Petition No: 248 of 200364 ASK3 compilation from Prthom Alo.
The Daily Star was activity involved in awareness and advocacy work for children as a
member of the children’s justice network. Local media continued to interact with local
level child rights networks and the community in establishing children’s rights.
70
CHAPTER- THIRTEEN
Human Rights commission on BangladeshThe Cabinet of the Government of the People's Republic of Bangladesh at last gave
the green signal. On April 12, 1999, it approved the draft bill for the establishment of
a National Human Rights Commission. It also formed a cabinet subcommittee to
71
review the proposed bill. The subcommittee so far held two meetings to examine
some of the provisions of the proposed bill. It is learned that the government is
planning to establish a national human rights institution some time next year after the
bill has been enacted into law by the House of the Nation.
The idea of a national human rights institution in Bangladesh has been around for
several years. In April 1995, the Government of Bangladesh approved a project to
assess the need for such a body and make recommendations on its establishment. The
project entitled "Action Research Study on the Institutional Development of Human
Rights in Bangladesh (TDHRB)" formulated initially was to start in July 1995, but it
was reportedly delayed due to prolonged political crisis in the country. It was revived
in March 1996 when an agreement was signed between the government and the
United Nations Development Programme (UNDP). Under the agreement, the Ministry
of Law, Justice and Parliamentary Affairs is to supervise, monitor and evaluate the
1DHRB project, which formally began in July 1996. The project is financed by the
UNDP. The main objective of the project was to prepare the grounds for the eventual
establishment of a viable institutional mechanism to promote and protect human
rights as guaranteed under the constitution of Bangladesh.
The IDHRB Project formulated a draft bill (The Bangladesh National Human Rights
Commission Act 1999). The draft bill proposes that a National Human Rights
Commission will be set up "for Bangladesh for the protection, promotion and creation
of the conditions for the enjoyment of human rights and for matters connected
therewith or incidental thereto." Referring to the government's commitment to protect
and promote human rights, the bill states that an effective mechanism for the
protection, promotion and creation of the conditions for the enjoyment of human
rights should be evolved to implement the constitutional commitment. The bill
specifically mentions the fundamental principles of state policy enshrined in the
constitution of Bangladesh.
From the preamble of the bill it appears that:
(1) The government is aware of the increasing global concern for human rights and
the need for its institutional protection; and
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(2) It has come forward to install such institution as part of its constitutional
commitment.
However the national institution will not be a constitutional mechanism. Like many
other institutions, it will get a statutory footing.
Reactions from the human rights community:
The human rights community at the non-government level has been watching the
process carefully since its inception. The IDHRB project has, so far, arranged a
number of public programs to generate awareness and interest on the proposed
national institution in different segments of civil society. Unfortunately they have not
attained much success due to lack of meaningful and adequate participation by all
stakeholders of human rights. The project directly controlled by the Ministry of Law,
Justice and Parliamentary Affairs of the Government of Bangladesh, failed to create
needed enthusiasm in public domain. Some of the mainstream legal and human rights
NGOs expressed their concern, as they were not properly consulted in the process.
Political parties also expressed their apprehension of creating another pro-government
institution to defend and justify government acts or omission.
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Salient Features of the Proposed NHRC
A brief analysis of the draft bill reveals the following core features:
1. Definition of Human Rights: "Human Rights" includes the rights relating to life,
liberty, equality and dignity of the individual guaranteed by the Constitution of the
People's Republic of Bangladesh and such rights embodied in the International Human
Rights Instruments adopted by the General Assembly of the United Nations which have
been acceded to and ratified by the People's Republic of Bangladesh [Sec. 2(d)].
2. Constitution of NHRC: The President in consultation with Committee consisting of
the-
(a) Prime Minister
(b) Speaker of Parliament
(c) Chief Justice
(d) Leader of the Opposition in the Parliament
Shall constitute the National Human Rights Commission. The Commission shall consist
of a chairperson and four members. At least one member should be a woman. [Sec 3(1)
(2)].
3. Qualification: The chairperson and the four members shall be appointed from among
persons having knowledge of, and practical experience in, matters relating to human
rights. [Sec. 3(2) (a)] I
4. Term: The term of chairperson or members of the said commission will foe five years
and shall not be eligible for further reappointment. (Sec. 5)
5. Remuneration and conditions of service: The salaries and allowances of the Members
of the Commission shall be determined by the Parliament and shall be charged in the
Trust Fund. (Sec. 7)
6. Removal: The chairperson or any other Members of the Commission shall only be
removed from his office by order of the President on the ground of proved misbehavior or
incapacity after the Supreme Judicial Council, consisting of the Chief Justice of
Bangladesh, and two nest senior judges of the Supreme Court, on reference being made to
74
it by the President, has on inquiry held in accordance with the procedure prescribed in
that behalf by the Supreme Judicial Council, reported that the Chairperson or such other
Member, ought on any such ground to be removed. [Sec. 4 (1)]
The President may by order remove from office the chairperson or any other member in
case of judgment of insolvency, involvement with gainful employment, infirmity of mind
or body unsound ness, or conviction involving moral turpitude [Sec. 4 (2)].
7. Functions: The Commission shall perform all or any of the following functions,
namely:
(a) inquire, suo motu or on a petition presented to it by a victim or any person on his
behalf, into complaint of -
(i) violation of human rights or abatement thereof or
(ii) negligence in the prevention of such violation, by a public servant:
(b) intervene in any proceeding involving any allegation of violation of human rights
[pending before a court with the approval of such court;
(c) visit any jail or any other institution under the control of the Government, where
persons are detained or lodged for purposes of treatment, reformation, protection or
welfare to study the living conditions of the inmates and make recommendations i
thereon:
75
(d) review the safeguards provided by or under the Constitution or any law for the time
being in force for the protection of human lights and recommend the adoption |of new
legislation, the amendment of the existing laws and the adoption or amendment of
administrative measures for their effective implementation;
(e) review the factors, including acts of terrorism that inhibit the enjoyment of human
rights and recommend appropriate remedial measures;
(I) study treaties and other international instruments on human rights and make
recommendations for their effective implementation;
(g) examine the draft bills and proposals for new legislation to verify their conformity
with international human rights standards and to ensure the compliance with the
international human lights instrument;
(h) encourage ratification of international human rights instruments or accession to those
instruments, and ensure their implementation;
(i) assist in the formation of programs for the teaching of, and research into, human rights
and to take part in their execution in educational and professional institutions.
(j) spread human rights literacy among various sections of society and promote awareness
of the safeguards available for the protection of these rights through publications, the
media, seminars and other available means;
(k) encourage the efforts of non-governmental organizations and institutions 'working in
the Held of human rights;
(l) freely consider any questions falling within its competence, whether they are
submitted by the Government or taken up by it without referral to a higher authority, on
the proposal of its members or of any petitioner;
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(m) Such other functions as it may consider necessary for the promotion of human rights.
(Section 10)
8. Independence:
(a) The Commission and every member of its staff shall function without political or
other bias or interference and shall be independent and separate from any party,
government, administration, or any other functionary or body directly or indirectly
representing the interests of any such entity.
(b) To the extent that any of the personnel of the entities referred above may be involved
in the activities of the Commission, such personnel will be accountable solely to the
Commission (Sec. 16)
9. Annual and Special Reports:
(a) The Commission shall submit an annual report to the President and may at any time
submit special reports on any matter which, in its opinion, is of such urgency or
importance that it should not be deferred till submission of the annual report.
(b) The President shall cause the annual and special reports of the Commission to be laid
before the Parliament for discussion and consideration. (Sec* 19)
10. Finance:
The Commission will be financed through a Trust Fund, which shall hold all money
appropriated by Parliament and all money donated or contributed to the fund from any
source. (Sec. 20, 21)
77
Instead of a Conclusion:National human rights institutions are being set up in many parts of the world, While the
powers of these national institutions in the different countries vary, there seems to be a
"core concept" emerging. In many countries, such national institutions have not matched
the expectations they generated when they were first set up. On the other hand, in some
other countries, where the expectations were not so great, national institutions have
yielded some positive results.
No doubt national human rights institutions can be effective consolation, but without
power to adjudicate and issue binding commands they may be turned to be "glorified
ciphers and promise of unreality" as rightly termed by Justice VR Krishna Layer. Only
the real political will of the government, the opposition groups and the civil society as a
whole can help reach the cherished destination. The decision of the Bangladesh
Government to set up a National Human Rights Commission is a welcome development.
But again the success of the proposed commission will largely depend on the true
political will of the government. At the same time, we cannot solely depend on political
will of the ruling class. We need a good process, which will ensure that the Commission
is born properly and can grow independently as a people's commission and not a quasi-
governmental body.
78
Research Methodology:
This Research Monograph is not basic one; it is a liberty- based monograph. This
monograph is originated from many articles, which is written by prominent figures of
the respective arena. Method which is followed in this research monograph is-
i. Collection of study materials with the help of the concerning teachers,
researches, friends, other students, regarding persons and institutions.
ii. Study and discussion with the concerned teacher,
iii. Collection of respective papers through internet browsing.
iv. Concentrated study through many, journals, national and international
publications.
v. Contemplating over concentrated study, vi. Prepared the dissertation paper.
79
Bibliography:
1. Fifty years of the Universal Declaration of Human Right:
Khan, Dr. Borhan Uddin
2. Human Right and Development:
Rahman, Mr. Mizanur
3. International Human Right in Context, Text and Materials:
Steiner, Henry J
.4. Human Right in Contemporary International Law:
Editor- Patwari, A. B. M. Mafizur Islam
5. Principles of International Humanitarian Law:
Patwari, A. B. M. Mafizur Islam
6. The Law relating to Human Right:
Bansal, B. L.
7. Human Right Law: a Manual on Human Right training for Lawyer:
Malik, Tuhin
8. Source: http://www. ahrchk. net/ua/main
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