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Sunday, July 2, 2017

Human rights situation remains vulnerable in the country

The following is the Executive Summary of Odhikar's January-June 2017 report:






This report is produced after analyzing the human rights situation of Bangladesh from January to June 2017. Some other relevant issues were also incorporated in the synopsis of this report, as the Awami League government has been in power since 2009. After the controversial and farcical Parliamentary elections[1] on January 5, 2014, all the government institutions, including national and autonomous institutions have been politicized by the government. The government was involved in widespread and varied human rights violations through suppressing the opposition political parties, particularly BNP and Jamaat-e-Islami and dissenting voices, including human rights organisations. Repression of the incumbent government was observed during the first six months of 2017. Since the 2014 elections, all local government polls have been marred by widespread and widely reported irregularities, violence and vote rigging, which also continued in local government polls held during this reporting period. 
The leaders and activists of the ruling party and police and members of other state security forces have become desperate to hold on to power through farcical and controversial elections, using the administration for their politically vested interest, without being accountable to the people. Criminal activities, perpetrated by leaders and activists of the Awami League affiliated student and youth wings, across the country continued in these six months. Of the incidents of criminal activities that took place during this period, most of them involved ruling party leaders-activists. They attacked leaders and activists of the opposition parties and ordinary citizens. Furthermore, they were also engaged in internal conflicts among themselves for their vested interest. 
Hindrances to freedom of expression and repression on the ordinary people and leaders and activists of the opposition political parties continued during this reporting period. The incumbent government is allegedly involved in various activities that abuse human rights, including enforced disappearances, extrajudicial killings, torture and arbitrary arrests of leaders and activists of the BNP-led 20-Party Alliance. Apart from enforced disappearances, extrajudicial killings, torture and attacks, the government is also harassing opposition party leaders and activists in various ways to create pressure on them, including implicating them in criminal cases or lodging false cases against them. It is alleged that the government is using the law enforcement agencies in these activities. As per orders given by the ‘higher authority’ of the government, the Special Branch (SB) of Police sent official letters to the relevant police stations for gathering personal information of the leaders of the opposition political party, BNP.  Thirty-two kinds of specific information have been asked for in a three-page form.[2] On May 20, as per instruction from ‘high-up in the government’, police raided the political party office of the BNP Chairperson at Gulshan, Dhaka without any prior notice. Police said in this regard that an operation was conducted at the BNP Chairperson’s party office to see whether there was any anti-state activities being carried out or any such documents preserved therein. Nothing was found.[3]
Although leaders-activists of the ruling party had freely organised meetings and assemblies, ruling party activists and members of law enforcement agencies barred and attacked meetings and assemblies of the opposition parties and organisations or groups that highlighted various demands and issues. During the month of Ramadan in June, the ruling party activists attacked and stopped the Iftar Mahfil organised by BNP in a mosque.[4]  Supporters of the ruling party attacked the motorcade of BNP Secretary General Mirza Fakhrul Islam Alamgir in Rangunia of Chittagong while he along with his party men were going to Rangamati to express condolences and provide aid to the victims of landslides. As a result, 15 BNP leaders and activists, including Mirza Fakhrul Islam Alamgir were injured.[5] 
The government flatly denies the existence of incidents of enforced disappearance, despite the fact that on January 16, 2017 Narayanganj District and Sessions Judge Syed Enayet Hossain convicted 26 accused persons, including RAB-11 unit’s commander Lt. Col. (Retd.) Tareque Sayeed and 16 RAB officers and members, for the disappearance and murder of seven men in Narayanganj on April 27, 2014.6 There were also several allegations of extrajudicial killings in the first six months of 2017, although the Supreme Court of Bangladesh had issued several rules in recent years on extrajudicial killings.[6] The law and justice delivery system of the country is increasingly under threat and human rights are seriously violated due to the persistence of extrajudicial killings. Many victims-families alleged that members of law enforcement agencies arrested their relatives and later the law enforcement claim that the victims were killed in an incident of ‘crossfire’, ‘encounter’ or ‘gunfight’ after allegedly shooting them dead. These staged narratives given by police or RAB during press briefings or press releases, are almost the same in all the incidents. As a result, what actually happened is unknown and the truth behind the incident remains hidden. Instead of the legal process of arrest, investigation and judicial intervention, it is observed that some members of RAB and police are involved in criminalisation or are instructed by ‘higher authority’, which is a matter of grave concern. The law enforcement agencies are enjoying impunity in this regard.  
There are also allegations of labeling people as ‘extremists’ after disappearing them. A possibility is thus created to harm people who are not ‘extremists’ during the operations at ‘extremists’ dens’. Human rights defenders have repeatedly cautioned about the possibility of rising extremism in politics as a result of the hindrance to freedoms of expression and assembly and constantly barring dissenting voices and protests. Despite this caution, the government continues its acts of suppression. The narrative that the law enforcement agencies have given regarding their operations against ‘extremism’ are similar in almost all the cases. This resembles the way the law enforcement agencies narrate the death of crime suspects in ‘gunfight’, ‘crossfire’ and ‘encounter.’[7]  
Several repressive laws have been drafted and enacted and a few repressive Acts have been made more stringent, during the period of the current government. An example of the latter is the Information and Communication Technology Act 2006 (amended 2009 and 2013).  The government is suppressing dissenters and alternative voices through imposing such repressive laws. If any citizen criticizes the government or posts any critical comment against the government on facebook, there is the possible risk that the government and the ruling party activists, in retaliation, will file cases against them. The social media was under monitoring by the government during these six months. The Information and Communication Technology Act 2006 (amended 2009, 2013) (the ICT Act) is being imposed against people who are critical of the decisions and activities of those in high positions of the government and their families. Accurate and impartial reporting and proper journalism are hindered as the government puts pressure on the media and in most cases, journalists are forced to practice self-censorship. The government is controlling most of the print media and the electronic media. The government has already given approval to some new private television channels under political consideration, whose owners are closely connected with the government. Meanwhile, the government closed down pro-opposition electronic media, such as Channel 1, Diganta TV, Islamic TV and the publication of the print media, the daily Amar Desh since 2013. The Cabinet has approved a draft policy to control the online media.[8] Journalists are being attacked by criminals backed by the ruling party, while gathering information or in relation to publishing reports. Local journalist and human rights defender associated with Odhikar, Abdul Hakim Shimul was shot dead by a ruling party leader in Sirajganj. On April 26, 2017, a Paris based organisation named Reporters without Borders, that work in the area of freedom of mass media, after reviewing the mass media of 180 countries, reported that Bangladesh's position on the ‘Freedom of Mass Media Index’ has gone down two positions compared to 2016. In the previous year, Bangladesh was in 144th position.[9]
Regarding the situation of workers during these six months, many incidents of closure of garment factories without notice, termination of RMG workers and nonpayment of wages occurred. As a result, workers unrest took place. In order to prevent such unrest, law enforcement agencies attacked workers. Furthermore, lower earning workers in other sectors (informal sector), such as construction workers and domestic workers are being discriminated in various ways. Women workers appointed for brick breaking are paid less compared to their male counterparts. Sexual discrimination is very common in the informal sector. Children are also working in this sector in hazardous conditions. 
Attacks on citizens belonging to religious and ethnic minority communities continue. The ruling Awami League leaders and activists and some members of law enforcement agencies were allegedly involved in these incidents.[10] In such cases, victims did not get justice due to politicization of these incidents and the responsible persons enjoyed impunity. 
In Bangladesh, the economic gap between the rich and poor is all too visible. Due to economic disparity and rights violations, Bangladeshi citizens are going abroad using illegal channels through traffickers. Among them, many tried to enter Europe with refugees of different countries. Such trend is growing, as human rights violations increase due to the lack of rule of law. A large amount of money is also being laundered abroad. On 29 June, the Central Bank of Switzerland, Swiss National Bank (SNB), mentioned in its annual report that in 2016 the savings of Bangladeshi citizens in different banks in Switzerland was BDT 56.85 billion (USD 704.23 million) while the amount was BDT 44.52 billion (USD 551.49 million) in 2015. As per such statement, the deposition of money has increased by 20 per cent compared to the previous year.  This was the highest amount of money deposited by Bangladeshi citizens at different banks in Switzerland in last 12 years. According to the SNB report, the volume of deposited money from Bangladesh to Swiss Banks has increased since 2012.[11] 
Violence against women is another significant issue in the country. Women become victims of dowry violence, rape, sexual harassment, acid attack and domestic violence on a daily basis. Women continue to become victims of such violence due to a prevailing culture of impunity and lack of implementation of the Dowry Prohibition Act, 1980, Prevention of Women and Children Repression Act 2000 (amended 2003), Acid Crime Control Act 2002, Acid Control Act 2002 and the Domestic Violence Prohibition Act 2010. Meanwhile, the special provision of the Child Marriage Restraint Act 2017 has impliedly legitimised child marriage in Bangladesh.[12]
Furthermore, incidents of hindrance to human rights activities and activism continued. During this reporting period, harassment and persecution continued against Odhikar, which started in 2013. A local human rights defender affiliated with Odhikar from Sirajganj was shot dead by a ruling party leader and three other human rights defenders affiliated with Odhikar from Munshiganj and Kushtia were detained in jail under the ICT Act. 
Rohingyas have been fleeing from the Rakhine State of Myanmar and taking shelter in Bangladesh as refugees, due to various forms of suppression and forced eviction carried out on them by the Myanmar government. The sheer numbers of such refugees coming out of Myanmar over the years and the targeted policies and violations they face, shows that the Rohingya community people are becoming victims of ‘ethnic cleansing’.
Apart from internal violations, Bangladesh is facing aggressive policies of the Indian government. This increased after the 2014 National elections in Bangladesh. India is pushing Bangladesh towards a terrible human and environmental disaster and economic loss. India is taking transit facility through Bangladesh at almost no cost, has been given the initiative to build the Rampal Power Plant that will destroy the ecology in the Sundarbans; and a decision to implement an inter-river connection project. Moreover, Indian government (aggressive) policy continued to have an impact during this reporting period in various other ways, including the signing of an Indian multinational company agreement with Bangladesh, without any tender bids. Between January and June 2017, the Indian Border Security Force (BSF) have killed or physically harmed anyone seen near the border or anyone trying to cross the border. Bangladeshi citizens are even attacked and abducted by BSF illegally entering Bangladesh, which are clear violations of international law and human rights. 



** Odhikar only documents allegation of enforced disappearance where the family members or witnesses claim that the victim was taken away by people in law enforcement uniform or by those who said they were from law enforcement agencies. 
*** The cases of arrests under the Information and Communication Technology (ICT) Act that are documented are those where the presentations/statements in question are considered critical against high officials of the government and their families.





[1] The Caretaker Government system was incorporated in the Constitution through the 13th Amendment, as a result of a people’s movement led by the then Opposition, Awami League and its alliance between 1994 and 1996. However, in 2011 the Caretaker Government system was removed unilaterally by the Awami League government through the 15th Amendment to the Constitution, without any referendum; and ignoring the protests from civil society organisations, political opposition and the people at large. Instead, a provision was made that elections were now to be held under the incumbent government. As a result, the controversial 10th Parliamentary elections were held on January 5, 2014 despite boycotts by all the major political parties. The election was not only farcical (for example, 153 MP’s were declared elected uncontested even before the polling commenced), it was a hotbed for election-related crimes such as ballot-box stuffing, capturing of polling stations, intimidation of voters and violence. 
[2] The daily Jugantor, 19/04/2017; www.jugantor.com/first-page/2017/04/19/118423/ 
[3] The daily Bangladesh Protidin, 21/05/2017; http://www.bd-pratidin.com/first-page/2017/05/21/233400
[4] The daily Jugantor, 03/06/2017 www.jugantor.com/first-page/2017/06/03/129490/
[5] The daily Naya Diganta, 19/06/2017 http://www.dailynayadiganta.com/detail/news/229670 6 The daily Jugantor, 17/01/2017,  www.jugantor.com/first-page/2017/01/17/93821/ http://www.esamakal.net/2017/01/17/images/03_112.jpg
[6] Radio Sweden published a report exposing method used by the Rapid Action Battalion (RAB) to execute a staged ‘crossfire’. In that report, a high-ranking official of RAB, as claimed by Swedish Radio, was describing the torture and killings perpetrated by RAB. The conversation was recorded without his knowledge. The man was giving instructions to the field level officers on how they must shoot and kill and keep a weapon beside the body. He also said that they buy weapons with the money collected as bribes and leave them beside the bodies; so that it looks like a shooting in self-defense. The RAB official said (in the broadcast) that they are very careful to make sure that no clue is left behind. No ID cards that slipoff. They put on gloves and also cover their shoes so as not to leave footprints behind in the place of incident.
https://sverigesradio.se/sida/artikel.aspx?programid=83&artikel=6665807  . Also see the daily Jugantor, 25/04/2017 
[7] As for operations against ‘religious extremism’ so far, after the July 2016 attack on Holey Artisan Bakery at Gulshan in Dhaka. For example, newborn and children were also killed during such operations conducted against ‘religious extremism’ in these six months. As a result what actually happens or happened in such operations, the government could not clarify it to the people. The daily New Age, 29/04/2017; http://www.newagebd.net/article/14532/extremism-tackling-narrativewarrants-transparency 
[8] The daily Bangladesh Pratidin, 20.06.17; http://www.bd-pratidin.com/first-page/2017/06/20/241446
[9] The daily Jugantor, 27/04/2017; www.jugantor.com/last-page/2017/04/27/120491/
[10] The daily Jugantor, 05/11/2016 www.jugantor.com/first-page/2016/11/05/73941/
[11] The daily Prothom Alo, 30/06/2017; www.prothom-alo.com/economy/article/1233421/
[12] On February 27, 2017 the National Parliament passed the ‘Child Marriage Restraint Bill 2017’ which contains provisions for the marriage of minor girls in ‘special circumstances’. The newly enacted law states that marriage of minor girls (below the age of 18) can be done with the consent of the Court and parents, following due process in ‘special circumstances’ and for best interest. Thus such marriage will not be considered a crime. The special provision of this Law legitimises child marriage in Bangladesh. This 2017 law will grossly violate human rights and the overall development of the child, including their rights to health, education and mental growth. The previous Child Marriage Restraint Act 1929 has made 18 years the minimum marriageable age for women and 21 for men. Despite this, Bangladesh remains on the list of countries that have very high rates of child marriages. The 2017 Act now legalises this social malpractice. www.jugantor.com/firstpage/2017/02/28/104781/

Source: Six-Month Human Rights Monitoring Report 2017

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