Search

Wednesday, October 5, 2016

Part 2: Odhikar Sep. Human Rights Report, September 1 – 30, 2016



Use of the Information and Communication Technology Act 2006 (amended 2009 and 2013)

33. The repressive law, Information and Communication Technology Act, 2006 (amended 2009 and 2013) remains in force. The latest amendment to the ICT Act was made on October 6, 2013. Section 5732 of the ICT Act 2013, states that publishing or transmitting in a website in electronic form, of any defamatory or false information is considered to be a cognizable and non-bailable offence. Moreover, punishment for committing this offence has been amended from a maximum of 10 years imprisonment, with no minimum; to a term of a minimum of seven years and maximum of 14 years imprisonment. This law has curtailed the freedom of expression and the government is using it against human rights defenders, journalists, bloggers and activists of the opposition political parties and even the ordinary people who have alternative opinions.
34. According to information gathered by Odhikar, in September 2016, two people were arrested under the Information and Communication Technology Act 2006 (amended in 2009 and 2013) for writing posts against high officials of the government and their families, mainly on facebook. A case is as follows:
35. On September 1, 2016 police arrested Siddiqur Rahman Khan, Editor of an online portal, ‘Shikhsha.com’, under the Information and Communication Technology Act 2006 (amended 2009 and 2013). On September 2, the investigating officer of this case and Inspector of Cyber Crime and Counter Terrorism Unit, Shawkat Ali Sarkar, produced him before the Chief Metropolitan Magistrate of Dhaka, and sought a five-day remand for interrogation. It was stated in the remand application that Siddiqur Rahman Khan had published an indecent report based on false information against the former Director General of the Secondary and Higher Secondary Education Department, Professor Fahima Khatun. In a counter, his lawyer said that such report was published on ‘Shikhsha.com’ based on appropriate documents and information. Metropolitan Magistrate Maruf Hossain rejected the remand application and ordered Siddiqur Rahman Khan be sent to jail.33 It is to be mentioned that Professor Fahima Khatun is the wife of the ruling party MP of Brahmanbaria-3, R A M Obaidul Muktadir Chowdhury and the sister of the Food Minister Kamrul Islam.34

 32 Section 57 of the ICT Act states: (1) If any person deliberately publishes or transmits or causes to be published or transmitted in the website or in electronic form any material which is fake and obscene or its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, or causes to deteriorate or creates possibility to deteriorate law and order, prejudice the image of the State or person or causes to hurt or may hurt religious belief or instigate against any person or organization, then this activity of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable for a term of minimum of seven years’ imprisonment and a maximum of 14 years or a fine of Taka 10 million or both.
33 The daily Manabzamin, 03/09/2016; www.mzamin.com/article.php?mzamin=30065&cat=3/
34 Information gathered by Odhikar.

Meetings and assemblies prohibited

Chhatra League and police barred a cycle rally brought out by online activists and students

36. On September 30, 2016 activists of Chhatra League and police foiled a cycle rally brought out by students and facebook activists campaigning against the construction of a coal-based power plant in Rampal near the Sundarbans. At around 10:30am, the rally faced the first obstacle at Central Shaheed Minar in Dhaka, where the programme was supposed to begin. The obstruction took the form of  a  human  chain  formed  by  members  of  the  Chhatra  League.35 At noon, the cyclists moved forward, defying the cordon and reached in front of the National Press Club. On their way to the Press Club, police used water canon at the Doel Chottor area to disperse the protesters. The protesters later hold a brief rally in front of the Press Club, where Professor Anu Muhammad, Member-Secretary of the National Committee to Protect Oil, Gas, Mineral Resources, Power and Ports condemned the attacks carried out by Chhatra League and police. According to an organiser and Dhaka University student Zakaria Hossain, Chhatra League activists assaulted several activists during the confrontation.36 One of the leaders of the National Committee to Protect Oil, Gas, Mineral Resources, Power and Ports; and General Secretary of Revolutionary Workers Party, Saiful Huq informed Odhikar that 25 activists were injured during the several confrontations with police and Chhatra League activists.
 35 ‘Protests for Sundarbans face police, BCL bar’- The Daily Star (online version), 30/09/2016; http://www.thedailystar.net/country/bcl-foils-cycle-rally-sundarbans-1292107
36 ‘Police, BCL men interrupt rally against Rampal plant’ The New Age (on line version), 30/09/2016; http://newagebd.net/254290/police-bcl-men-interrupt-rally-rampal-plant/



37. On September 2, 2016 Senbag Upazila unit BNP organised an extended meeting at Samirmunshirhat Mayabi Community Centre under Senbag in Noakhali District. According to BNP source, the party had taken police permission to organise this meeting two days previously. However, on the day of the meeting when the leaders and activists of BNP gathered from different areas, they found that police had barricaded the  meeting  venue. Police also stopped BNP’s leaders and activist from holding a meeting.37
38. Odhikar expresses grave concern over the persistent interference of the government on freedoms of opinion, expression and assembly and association of the citizens of the country. Odhikar believes that if any opinion or statement of any citizen goes against the government, he or she is likely to be arrested, persecuted or harassed by the state. Odhikar also demands that the government repeal all repressive laws, including the Information and Communication Technology Act 2006 (amended 2009, 2013) immediately. At the same time, Odhikar also urges the government to refrain from hindering people’s fundamental rights to freedom of expression and assembly.

Aggressive policy of the Indian government on Bangladesh continues

39. The Indian government is taking transit facility through Bangladesh at almost no cost and is also taking advantage of other business and trade facilities. At
 37 The daily Manabzamin, 04/09/2016; www.mzamin.com/article.php?mzamin=30146&cat=9/

the same time the Indian Border Security Force (BSF) is torturing and killing Bangladeshi citizens indiscriminately along  the  border  areas.  Furthermore, the Government of Bangladesh has initiated a process to build Rampal Power Plant with an Indian company near the world’s largest mangrove forest, the Sundarbans, located in the Southern part of Bangladesh, which is threatening Bangladesh’s ecology, natural heritage and the livelihood of the people of that area. Moreover, India is depriving Bangladesh from getting adequate water during the dry season and creating floods over Bangladesh by opening all the sluice gates of the Farakka barrage constructed on the Ganges River and the Gajaldoba barrage constructed on the Teesta River, during the monsoon (rainy) season; and thus violating international  human  rights  laws.  In  this way the Indian government continues its destructive policies towards Bangladesh.

Human rights violations by Indian BSF in border areas

40. According to information collected by Odhikar, in September 2016, five Bangladeshi citizens were gunned down by the Indian Border Security Force (BSF). Four Bangladeshis were also injured by the BSF. Among them, three were shot and one was injured by hurling sound  grenades.  Moreover,  one Bangladeshi was abducted by the BSF.
41. In the morning of September 9, 2016, some Bangladeshi cattle traders went to bring cows from near international pillar 915 of sub pillar 8S  at  Burirhat border under Goral Union of Kaliganj Upazila in Lalmonirhat District. At that time, patrolling BSF members of Satbhandaria Camp of India at Kochbihar border opened fire at them. One Bangladeshi  citizen  named  Mohubar Rahman (38) was shot dead on the spot and two others named Selim Hossain and Shariful Islam were shot and injured.38

Construction of Rampal Coal-based Power Plant

42. The United Nations Educational, Scientific and Cultural Organisation (UNESCO) suggested that the Bangladesh government cancel the project that was undertaken to build a 1320 MW coal-fired power plant in a location at Rampal near the Sundarbans. The UNESCO stated that if this power plant is built, it would cause irreparable damage to the forest and the project should be relocated. The three-member UNESCO expert team which visited Bangladesh in March, made this appeal in their report submitted to the government. The report said the Environmental Impact Assessment (EIA) report found many discrepancies between the statements of Rampal project construction firm Bangladesh-India  Friendship Power Company and the tender documents. During their Bangladesh visit, the team was only allowed to meet a limited number of experts and interaction with the local people was also organised by the company.39 The UNESCO report highlighted four risks regarding the Rampal project. These are, air pollution, water pollution, increased river traffic and accumulated pollution caused by industries and infrastructure coming up in the project area. Furthermore, the report stated that the rich bio-diversity of the Sundarbans and forest animals will be endangered; the burning of coal at  Rampal will lead to emissions of large amounts of sulphur dioxide, carbon dioxide, nitrous oxide and mercury. Sulphur dioxide and nitrous oxide will cause acid rain, which will  be  a serious threat to Sundarban’s water biodiversity and mercury emissions will also pollute the environment. It will enter the human body through fish consumption and people will face the consequences of mercury poisoning.40 The UNESCO is not just saying that the Sundarbans will be protected if Rampal project is cancelled. It has also pointed out that prolonged harm on the world’s heritage Sundarbans has been due to the construction of the Farakka barrage on the River Ganges.41 It is to be mentioned that the construction of Farakka barrage was started in 1961 across the Ganges River located in Maldah and Murshidabad of the Indian state of West Bengal and completed in 1974 at a cost of US $ 3 billion. On April 21, 1975 operations of this barrage  commenced. The barrage is about 2,240 meters (7,350 ft)  long. Due to this barrage, the life and livelihood of the people of South-Western parts of Bangladesh has fallen in danger during dry season as a result of the low flowing water of the Ganges. Agricultures, irrigation, fisheries, industries,
 39 “UNESCO calls for shelving Rampal project”, the daily Prothom Alo, 24/09/2016, http://en.prothom- alo.com/environment/news/122299/Unesco-calls-for-shelving-Rampal-project
40 Ibid

water transport, and water supplies of Bangladesh harmed.42 From January to May 2016, Bangladesh received 120,864 cusecs of water less in 15 intervals.43

43. It is to be mentioned that on July 12, 2016 an agreement of the much debated project of the Rampal Coal-based Power Plant was signed in Dhaka. The agreement was signed by the Managing Director of Bangladesh-India Friendship Power Company Limited (BIFPCL), Ujjal Kanti Bhottacharya; and the General Manager of the construction company Bharat Heavy Electric Limited (BHEL), Prem Pal Yadab. Construction of Rampal coal-based power plant has already commenced. The government signed this agreement with India ignoring protests from civil society and political parties. The ecology of the world largest mangrove forest, the Sundarbans, will be destroyed if this power plant is established. As a result, environmentally there will be a massive negative impact on Bangladesh.

Human rights violations on religious minority communities

44. Incidents of attacks on citizens belonging to  minority  communities  and  at their places of worship continue due to the unavailability of justice for similar incidents that took place in the past; and also due to the politicisation of these incidents. At present, the human rights situation of citizens belonging to minority communities is deplorable, as alleged by their representatives.44
45. On September 22, 2016 at night, some unidentified criminals came to  the Hindu temple at Purba Keshalidanga of Kamarpara Union under Sadullapur

43 Munshi Abdul Mannan, ‘Destructive Barrage Farakka’, the daily Inqilab, 27/08/2016; https://www.dailyinqilab.com/details/34961/
44 The daily Manabzamin, 23/04/2016; www.mzamin.com/article.php?mzamin=11043&cat=2/

Upazila  in  Gaibandha  District  and  vandalised  the  effigy  of  the  goddess Durga.45
46. In the early morning of September 23, 2016 some unidentified criminals broke the head of an effigy  of Lakshmi, the Hindu goddess of wealth and good fortune, after breaking the bamboo gate of a Durga temple in Kakina Village under Kaliganj Upazila in Lalmonirhat.46
47. Odhikar condemns such incidents. Odhikar demands the government bring the perpetrators to justice through impartial and unbias investigation and ensure the security of the citizens belonging to all religious and ethnic minority communities; and their places of worship.

Violence against women

48. Incidents of violence against women continue; and most of the victims are not getting justice due to a prevailing culture of impunity.

Rape

49. In September 2016, Odhikar recorded a total number of 70 females who were raped. Among them, 25 were women, 43 were children and the age of two victims could not be ascertained. Of the women, 12 were victims of gang rape and four were killed after being raped. Out of the 43 child victims, 14 were victims of gang rape and one was killed after being raped. Six women and children were victims of attempted rape. One example is as follows:
50. On September 15, 2016 a college student named Helena Akhter (21) was killed after being raped by criminals at her home in Haridrabaria Village of Gulishakhali Union under Amtoli Upazila in Borguna District. On September 16, her brother Mizanur Rahman filed a case with the police station accusing six persons. Police arrested Helena’s ex-husband Arifur Rahman Shohag in this regard. On September 27, 2016 Shohag made a confessional statement under section 164 of the Code of Criminal Procedure before the court.47

Dowry-related violence

51. The Dowry system is deeply rooted in society and its cruelty takes away the lives of many brides. Dowry has become a serious social ailment, with women in all sectors and their families being affected. Poor women have been victims of physical assault and death by their husbands and in-laws due to failure to provide a dowry. According to information gathered by Odhikar,  in September 2016, a total of 13 women were subjected to dowry violence. Of 
45 iIbid
46 The Daily Star, 24/09/2016, ‘Hindu idol broken in Lalmonirhat temple’.
47 The daily Prothom Alo, 17/09/2016 and the daily Jugantor, 01/10/2016; www.jugantor.com/bangla- face/2016/10/01/64741/

these women, it has been alleged that eight were killed and four were physically abused over dowry demands and one was committed suicide. An incident is as follows:
52. A housewife named Fatema Begum (25) was allegedly choked to death by her husband Shafiqul Islam and some of her in-laws over dowry demands in Machhimpur village of Murapara Union under Rupganj Upazila  in Narayanganj District. The father of the deceased, who by profession a farmer, Rowshan Ali said that he married off his daughter with  Shafiqul Islam of Machhimpur village 8 years ago. During the wedding, 50  thousand  Taka along with some jewelry and furniture were given to Shafiqul as dowry. After the marriage Fatema Begum gave birth to a daughter. Fatema’s husband Shafiqul Islam, her brother-in-law Nazrul Islam and her mother-in-law Masuda Begum had been demanding one hundred thousand taka since 2015. Of the money, 50 thousand taka was paid six months ago. After that,  the accused were physically and mentally torturing Fatema for the other 50 thousand. In the morning of September 13, 2016 (on Eid day), Fatema’s in- laws members, including her husband Shafiqul Islam, brother-in-law Nazrul Islam and mother-in-law Masuda Begum strangled her to death as she refused to give further dowry. Rowshan Ali filed a case with Rupganj Police Station in this regard accusing Shafiqul Islam, Nazrul Islam and Masuda Begum. Police are yet to arrest anyone involved in this incident.48
53. In 1980, Bangladesh passed the Dowry Prohibition Act banning dowry. The law contains provisions for imprisonment or a fine or both for taking dowry. Section 11 of the Women and Children Repression Prevention Act, 2000 (amended 2003) also contains provisions for punishment for dowry-related violence. Regardless of the laws, dowry violence is a vicious cycle and the root cause for domestic violence in the country.

Acid violence

54. In September 2016, according to Odhikar documentation, a total of seven persons became victims of acid violence. Of them, four  were  woman,  two were girls and one man were victims of acid violence. One incident is  as follows:
55. On September 26, 2016 Shelly Akhtar (22) was asleep with her mother Hosne Ara Begum (55) in a slum at the Pologround area under Kotwali Police Station in Chittagong. At around 5:00 am, acid was thrown at Shelly and her mother. Both were admitted to the Burn and Plastic Surgery Unit of Chittagong Medical College Hospital. Doctors said that 15% of Shelly’s body and 10% of Hosne Ara’s body were burnt with acid. Injured Hosne Ara Begum said that a few years ago her daughter Shelly married an auto-rickshaw driver Jahangir.
 48 Report sent by local human rights defender associated with Odhikar from Narayanganj

But Shelly divorced him one year ago and left Jahangir’s home as she could not bear the physical and mental abuse. She claimed that Jahangir threw acid on them to take revenge.49 On September  29, 2016 police arrested Jahangir from Dhaka.
56. Despite the existence of the Women and Children Repression Prevention Act, 2000, the Acid Control Act, 2002 and the Acid Crime Control Act, 2002, girls and women are falling victim to acid violence due to the non-implementation of the laws. Many men have also fallen victim to acid attacks. Though it is a punishable offence to buy, sell or import acid without a licence, due to a loose monitoring system, acid is readily available and  such violence can be perpetrated upon any person. A majority of the acid attacks on women occur due to refusal of proposal of love, marriage or sexual advances or over land disputes.

Sexual harassment

57. According to information gathered by Odhikar, in September 2016, a total of
25 girls and women were victims of sexual harassment. Of them four committed suicide, one was killed, three were injured, one was assaulted, one was abducted and 15 were victims of stalking. Six men were injured by the stalkers for protesting such incidents. Some examples:
58. A youth named Milon Mondol (18) used to regularly give love proposals to and stalk a girl student of class X, Mitu Mondol, of Nabagram High School on her way to and from school, in Alishakandi Village under Kalkini Upazila in Madaripur District. As Mitu rejected his proposals,  on September 18,  2016 Milon Mondol stabbed her when she was going to school. Milon Mondol tried to   escape   but   villagers   caught   him   and   handed   him   over   to   police.

 49 The daily Prothom Alo, 27/09/2016 and a report sent by local human rights defender associated with Odhikar from Chittagong

Meanwhile, seriously wounded Mitu Mondol succumbed to her injuries on the way to hospital.50

59. On January 26,  2011, a Division Bench of the High Court Division of the Supreme Court, comprising of Justice M. Iman Ali and Justice Sheikh Hasan Arif, ordered every incident of stalking related harassment to be regarded as acts of ‘sexual harassment’. At the same time, the High Court Division Bench declared inclusion of all Government and private places in the proposed Prevention of Repression on Women and Children Act 2000 (Amendment) as potential areas of sexual harassment along with the educational institutions and work places. Stalking through SMS, E-mail, telephone and cell phone are also being included in the law as criminal offences. Furthermore, the Court asked that necessary measures be taken in order  to  make  registration  for cyber cafés compulsory and to record the identity of users.51 The Court also delivered a judgement that a separate cell or team shall be set up in every police station in order to prevent sexual harassment. The  team will submit reports on sexual harassment cases every month at the meetings of district level law and order prevention committee.52 Despite the High Court order, separate cells are not set up in most of the police stations.

Hindrance to human rights activities of Odhikar

60. The present government is harassing Odhikar for being vocal against human rights violations and for campaigning to stop this. The government, after assuming power in 2009, started the harassment on Odhikar for its reports on the human rights situation of the country. After that on August 10, 2013 at

 50 Report sent by local human rights defender associated with Odhikar from Madaripur
52 The daily Naya Diganta, 27/01/2011

night, Odhikar’s Secretary Adilur Rahman Khan was picked up by persons claiming to be from the Detective Branch (DB) of Police, for publishing a fact finding report on extrajudicial killings during a rally organised by the religious group Hefazate Islam on May 5-6, 2013. Adilur and Odhikar’s Director ASM Nasiruddin Elan, were later charged under section 57(1) of the Information and Communication Technology Act, 2006 (Amended 2009). They were detained in prison and later, Adilur and Elan were released on bail after spending 62 and 25 days in prison respectively. Odhikar regularly faces harassment by different organs of the  government.  Adilur  Rahman  Khan, staff members of Odhikar and the office are under surveillance by intelligence agencies. Human rights defenders who are associated with Odhikar are being watched and sometimes harassed and human rights activities hindered. Furthermore, the NGO Affairs Bureau (NGOAB) has barred the release of all project related funds of Odhikar, for two and half years, withheld renewal of its registration in order to stop its human rights activities. The Organisation is still operating due to the volunteer services of grassroots level human rights defenders associated with Odhikar and their commitment to human rights activism.

Recommendations

1.     In order to restore democracy and the voting rights of the people an accountable government must be established through free fair and inclusive elections under an neutral interim government or under the supervision of the UN with the participation of all political parties; and initiatives must be taken to fixing dysfunctional institutions through an elected government.
2.     The Government has to investigate and explain all incidents of enforced disappearance and post-disappearance killings, allegedly perpetrated by law enforcement agencies. The Government must bring the members of the security and law enforcement agencies who are involved, to justice before the law. Odhikar urges the government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance, adopted by the UN General Assembly.
3.     Incidents of extrajudicial killings and torture by law  enforcement  agencies must be investigated and the perpetrators be brought to effective justice. The law enforcement agencies must follow international guidelines “Basic Principals on the use of Force and Firearms by Law Enforcement Officials” and the “UN Code of Conduct for Law Enforcement Officials”. The Government must ratify the Optional Protocol to the Convention against Torture; and effectively implement the Torture and Custodial Death (Prevention) Act, 2013. The persons who tortured school student Sabbir and the persons who were involved in his detention and ‘punishment’ through a mobile court, should be brought to justice.
4.     The Ready-made garment factories need to be brought under synchronized security programmes and the factories should be made with adequate infrastructural and other facilities. Those responsible for  explosion  in Tampaco Foils Limited must be arrested and brought to justice. Adequate compensation should be given to the families of the deceased and injured workers and an appropriate measure to be taken for treatment of the wounded workers.
5.     Interference to freedom of expression and of the media must be stopped. The Government must withdraw cases filed against all human rights defenders and journalists; and it should also bring the perpetrators to  justice through proper investigation. The ban on the publication of the daily Amar Desh and the broadcasting of Diganta TV, Islamic TV and Channel One should be removed. All persons who were detained for political  reasons  or  for expressing their opinions and thoughts, including, the Acting Editor of the daily Amar Desh Mahmudur Rahman and Convener of Nagorik Oikko, Mahmudur Rahman Manna should be released immediately. All repressive laws, including the Information and Communication Technology Act, 2006 (amendment 2009, 2013) and the Special Powers Act, 1974 must be repealed.
1.       Monitoring   of   the   social   media   and   internet,   leading   to   arrests   and harassment and human rights violations, should be stopped.
6.   The Government must refrain from repressive and unconstitutional activities including interference on freedom of assembly. The government should establish democracy and rule of law by refraining from violating civil and political rights.
7.   The Government should protest strongly against human rights violations on Bangladeshi citizens by the Indian Border Security Force (BSF) and take initiatives to investigate and make the Indian Government accountable and compensate the families of the victims. The Government must also ensure the safety and security of the Bangladeshi citizens residing at the border areas. The Indian Government must stop the construction of the destructive coal- based power plant in Rampal in Bangladesh. India must also not open or close the sluice gates of Farakka and Gajaldoba barrages unilaterally for the sake of its own benefit.
8.   The Government must take all measures to protect the rights of the citizens belonging to religious, ethnic and linguistic minority communities and ensure their security.
9.   The Government must ensure the effective implementation of laws to stop violence against women and children and the offenders must be effectively punished under prevalent laws. The Government should also execute mass awareness programmes in the print and electronic media, in order to eliminate violence against women.
10. The case filed against Odhikar’s Secretary and its Director under the Information and Communication Technology Act, 2006 (Amended in 2009) must be withdrawn. All repressive measures and harassment against human rights defenders associated with Odhikar should be stopped. The government must release the funds of Odhikar to enable it to continue its human rights activities.

No comments:

Post a Comment