Introduction &
Overview: 2008
Dashed Hopes, Receding Horizons,
New Frontiers
Background
and Overview
The political landscape in 2008 shifted dramatically
at the very end of the year. After nearly two years of a State of Emergency (S o E) under
a military-backed caretaker government (CTG), during most of which several fundamental
rights were suspended and in which political activity banned, the Emergency was
lifted on 17 December. Much anticipated and twice-postponed parliamentary
elections finally took place on 29 December in a peaceful atmosphere, with a
large turnout of voters. These two significant events of the year were certain
to have direct and indirect effects on the human rights environment. The
lifting of the S o E from midnight on Victory Day, 16 December, less than two
weeks before the elections, was, among other things, deeply symbolic. Whether
the much awaited transfer of power to elective political institutions would
lead to qualitative as well as symbolic changes remained a matter of concern on
the eve of the elections. Would the outcome be anti-climactic after two years
of the attempts by an unelected government to reshape the broader political
culture? Had the country come full circle, back to the point of departure?
After all, Bangladesh
was poised for the return of the same two dominant political parties, led by the
two same people, and with the same undemocratic structures within the parties.
Or had the changes initiated by the CTG fundamentally shifted the nature of
politics, chipping away at the culture of impunity, partisanship and
anti-democratic tendencies that dominated the landscape? Keeping these
questions in mind, this introduction briefly assesses key developments in Bangladesh in
relation to the human rights records in 2008.
2008 at a
glance: Dashed Hopes and Receding Horizons
In early 2007, the unelected Caretaker Government
pledged total rehaul of the electoral system, prioritizing the reform of
political parties and the eradication of institutionalized corruption. By
November 2008, when the CTG finally relaxed the ban on outdoor political
activities, their authority had significantly reduced, the result of a series
of political missteps as well as external factors such as the global food
crisis and the spiraling prices of essentials. The CTG’s human rights and
policy record continued to be uneven and inconsistent in 2008. Emergency Power
Rules (EPR) provisions authorizing arrest without warrant and preventive
detention and imposing a blanket ban on the right to seek bail for anyone
arrested under the EPR remained in force. These rules were applied amongst
others, in cases concerning high profile former ministers or ranking political
party leaders who had been hitherto been untouchable under ordinary criminal
laws. Government enforcement of restrictions on rights to assembly, to freedom
of expression and to freedom of religion (especially through Sections 54 and
144, and DMP Ordinance section 86) continued to be disturbingly selective (see
also 2007 report). The government flip-flopped on the relationship between
religion and state policy, seemingly capitulating to religious extremists at
crucial moments and allowing religion and culture to become sites of contention
in national politics, as the expense of promotion of the gender equality or
protection of freedom of expression (see the example of the Women’s Development
Policy and the destruction of public artwork below). State intimidation of
journalists critical of the Government continued to be reported, but there was
a very significant expansion of media freedom in the immediate run-up to
elections, and intensive coverage of the electoral process and the run up to it
in the press throughout the year even under the S o E. Indeed it appeared at
times that the prioritization and nature of the election process in the media
obscured reporting of more substantive questions arising regarding the quality
of candidates, and certainly of broader human rights concerns, with the one
significant exception of the question of alleged war criminals running for
office. While this issue was extensively covered by both the press and private
television channels, and addressed in public discussions, the media took no
steps to highlight the allegations of serious crimes against many other high profile
candidates. For example, even though the Election Commission had made it
mandatory for candidates to submit affidavits containing their personal
information on their profession, education, wealth and
Criminal back ground (if any), which was available on
the official EC website, it received little or no attention in the majority of the media. Militarization of the bureaucracy
and administration continued in 2008, making the possibility of “de civilianizing” the army even more remote. The
highly publicized anti-corruption drive launched in 2007 by the Government had lost steam by the
end of the year as a result of the selective, aggressive and occasionally extra legal measures taken by the
government. In an extraordinary about turn, the Government appeared to backtrack from its pledges to
counter corruption and began to intervene in ‘high-profile’ cases involving politicians, so that cases which had
been fast-tracked cases suddenly began to dwindle to a virtual halt. This change of direction accompanied
significant pledges regarding the election process remained unfulfilled, with a flawed and selective reform
process. Political accommodations made to ensure the participation of the AL and BNP in elections proved to be
counterproductive. In 2008, two of the most high profile subjects of corruption prosecutions, former
Prime Ministers Sheikh Hasina of the AL
and Khaleda Zia of the BNP, were released
from custody as part of negotiations with their political parties aimed to
bring them into the electoral preparations.
After their release, the progress in the criminal cases pending against them
slowed down significantly or
ended. A number of other high profile detainees, such as Khaleda Zia’s son and
the Joint Secretary of the BNP,
Tareq Rahman, went abroad while on bail, ostensibly for medical treatment.
Similar facilities were not
available for other less high profile prisoners.
The failure to carry through with prosecutions and
other instances, human rights defenders argue, made a mockery of the justice
system, undermining its neutrality and integrity. Factual reports appeared in
the press noting that a single Bench in the High Court granted 298 bails in one
day, averaging one order per several minutes. No investigation or inquiry has
been held into these developments by the Court or any other authority to date –
but the newspaper which published the report is now facing contempt charges. In
the words of one human rights defender, commenting on the sudden go-slow in
corruption cases, “There is now no justice because there can be no trials of
‘very important persons’. In the past, some people were above the law – now
everyone is above the law, effectively”.
Moreover, it seemed that the moves to reform internal
party structures had failed to a significant degree. While the Election
Commission established disqualifications for candidates as well as
pre-conditions for party registration, these criteria were not applied
uniformly or rigorously, allowing applications by major parties which made no
secret of their failure to comply with the provisions. The electoral reforms
relating to disqualifications of candidates, and disclosure of personal
information, were meant to pave the way for candidates with clean records to
compete. Yet many candidates who had been charged with/convicted of corruption stood
for elections. In some instances, jailed /convicted male candidates put forward
their spouses to stand on their behalf, effectively as proxy candidates. At the
very last minute the apex Court, overturning EC decisions, gave a number of
interim orders allowing individuals convicted in various cases to contest the polls.
Former military dictator, HM Ershad, leader of the Jatiyo party and part of the
AL’ ‘Grand Alliance’, has himself, according to his affidavit to the Election
Commission, four pending criminal cases (one relating to an accusation of
culpable homicide, and another three relating to corruption), four further
cases ‘under investigation’ and two convictions which resulted in sentences of
imprisonment. The nomination of candidates with criminal records of this nature
appears to indicate a profound disregard for the principles of criminal justice
and moral accountability.
Citizens’
Resistance to Politics as Usual
The inclusion of a ‘No-vote’ option in the ballot
appeared to reflect a sense of weariness among the electorate about existing
political choices. However, ultimately there was little public discussion or
awareness about the implications of casting such a vote, nor were many in fact
cast. There were few reports of violence, intimidation or rigging. The front
runners, the Awami League and its allies (which included left parties such as
the Workers’ Party and JSD (Inu) as well as former military dictator Ershad’s
faction of the Jatiyo Party and a breakaway faction of the Islami Oikkyo Jote)
won a landslide victory. The BNP and its right-wing Islamist party allies,
notably the JI, were firmly routed, and only two Islamist candidates were elected.
Several high profile JI politicians who had been identified in very visible and
high-profile citizen’s movements as being responsible for war crimes were
trounced at the polls.
It appeared the people had spoken – for bringing
alleged war criminals to trial, against the blatant (mis)use of religion in
politics and against corruption. All in all, this was a remarkable achievement
given the many uncertainties of just weeks earlier, including the BNP’s
reluctance to participate. The CTG and the military appeared to have delivered
on their promise of handing over power to an elected government. Some of the
electoral reforms and legislative developments that enabled and signified this
process, along with other policy and legislative changes are enumerated below.
Electoral
Reforms, Legislative Developments and New Policies
A reformed and effective Election Commission which
was able to put in place a new electronic voter roll, including many previously
excluded categories of persons, which minimized chances of fraud and rigging. From
all accounts this was one of the biggest achievements of the past two years,
although there is concern in some quarters about the increased surveillance of
citizens such a system necessarily entails.
A revised Representation of the People Order (RPO),
2008 which laid down among other things, guidelines for political reforms such
as party registration, procedures for democratizing of the nomination process, amendment
of party constitutions to sever ties with student wings, ensure nomination of
33% women. The RPO required party constitutions to be consistent with the
constitution of the state and provided that any party which could be shown to
be engaged in any communal activity could not be so registered. Although objections
to the registration of the Jamat-i-Islami failed, this party finally formally
acknowledged the Liberation War and extended membership to non-Muslims.
The EC expanded the set of disqualifications for
parliamentary candidates, but another instance of “accommodation” took place
with regard to loan defaulters. Under the provisions of the original 2008 RPO,
loan defaulters were barred if they did not reschedule at least six months
before the deadline for nomination; under political pressure, the time limit
was changed to least a week before.
The creation and establishment by year end of a
National Human Rights Commission, in spite of limitations on its mandate and
lack of conformity with international standards – with a credible Chairperson
with long experience n the judiciary was seen as a step forward.
The creation of a Supreme Judicial Commission to
establish a process for appointments to the High Court – while this appeared to
be a step in the right direction, the new body was questioned with regard to
the initial dominance of executive members, and the lack of any criteria for
appointment. With the appointments it ultimately made also becoming quickly the
subject of controversy.
Promulgation of the Right to Information Ordinance
2008, albeit with a raft of exclusions in respect of intelligence agencies,
raised hopes that demands for access to information could start to be
translated into action.
Promulgation of a Contempt of Court Ordinance 2008,
which effectively curtailed the Courts powers of contempt and also allowed
constructive criticism of judgments appeared to over-reach in providing protections
for civil servants, and was struck down by the High Court.
Following calls by different sectors of civil
society, in particular teachers and students, the submission by the University
Grants Commission of a draft policy on sexual harassment prevention to the
Ministry of Education.
The National Women’s Development Policy was adopted,
in response to demands by women’s rights groups, which effectively re-instated
the Policy of 1997.
The National Child Labour Policy was adopted in 2008
in compliance with the MDGs.
Civil and
Political Rights
The rule of law has been seriously undermined by all
governments since Independence.
Under both elected and non-elected governments in the past few years, impunity
for extra judicial executions or custodial torture by RAB or the police has
threatened citizens’ rights to liberty. And this continued under the Caretaker Government.
While law enforcement measures by RAB and the Police led to 116 extra judicial
executions in 2008, the government did not investigate the incidents nor did it
circumscribe its powers.
The Anti-Terrorism Ordinance 2008, has been widely
critiqued as itself likely to enable further abuse of human rights given that
it provides law enforcing agencies with extensive powers subject to limited
scrutiny, establishes a raft of vaguely defined offences which may be used as a
catch all to prohibit legitimate and peaceful dissent and imposes harsh
penalties including the death penalties. In contrast to the hurried passage of
this law, the much awaited Police Bill, which could have encouraged
accountability and efficiency of the police service, remained in draft form at
the end of the year.
The year witnessed further human rights violations by
law-enforcing agencies and legal battles for restoring the right to liberty
amid the continuing state of emergency (SoE). The judgment of the apex court upholding
the blanket prohibition, subject to very limited exceptions, on seeking bail in
cases brought under the Emergency Regulations drew sharp criticism from the
lawyers, litigants and rights activists. Thus, despite widespread public
support for much-belated, and long-obstructed legal action against corruption
suspects, the prolongation of this effectively total ban on bail in cases under
the EPR, as well as the selectivity in filing cases, and the slow progress of
investigation of cases against many high-profile corruption suspects brought
the entire corruption drive into question. Over 200 cases filed by the
Anti-Corruption Commission
(ACC) and National Board of Revenue (NBR) against
some high-profile politicians and businessmen were challenged in the High
Court, many on procedural grounds. Many of the high profile accused were
ultimately able to secure bail. Such measures adopted in granting bail and staying
proceedings against corruption suspects can partly be attributed to the
loopholes in the Anti-Corruption Commission (ACC) laws and rules and partly to
reasons of political expediency – namely the compulsions generated by political
pressure domestically and internationally for holding parliamentary election in
December 2008 - -which effectively influenced the legal process. Cases of mass
arrests, affected possibly over 20,000 persons, occurred duding a country wide
special operation against terrorism (Shontrash Birodhi Bishesh Obhijan) held
from 29 May to 12 June, again resorting to the arbitrary application of
existing criminal laws as well as the Emergency Rules, ostensibly in an
anticrime drive.
A number of serious allegations of torture were
brought against RAB and the Police, including of torture of a senior member of
Joypurhat Bar Association, and custodial rape of four women. The High Court
asked RAB to explain in October why it would not be ordered to produce Hasan
Khan, whom it had allegedly detained and whose whereabouts were since unknown.
There was no action reported on investigation of earlier reports of torture,
for example against journalists Tasnim Khalil or Jahangir Alam Akash, or NGO
worker Shahidul Islam.
Minority
Rights in 2008
In May 2008, the High Court declared all so-called
“Stranded Pakistanis” that is the Urdu-speaking community that migrated to
these territories after 1947, eligible to be Bangladeshi citizens and thus to
be enrolled as voters. This was a landmark judgment for this community, and
more than 40.000 Urdu speaking Bangladeshis thus became eligible to vote.
For first time, 100,000 hijras were able to
enroll as voters (although not yet recognized as a third gender). Registration
of the bedeys (river gypsies) by the Election Commission was also a first.
The CHT saw two major positive changes. The High
Court, in a landmark judgment, directed the government to set up criminal and
civil courts in each of the three districts of the Hill Tracts. The courts were
set up in July in order improve access to justice, and were expected to take up
over 3500 cases that are pending.
In a separate move, the restriction on the use of
mobile phones in the CHT was withdrawn in May.
However, despite provisions in the Peace Accord, the
EC did not provide separate electoral rolls for the CHT, thereby potentially
legitimating the claims of Bengali settlers to the same rights as the original
inhabitants of the area.
In other ways as well, the situation was depressingly
similar to earlier years. Many incidents of land expropriation by Bengali
settlers, often backed by the army and in one instance, a local NGO, were
reported throughout the year. In April 2008, eight villages in the Sajek Union
of Rangamati district were subject to an extensive arson attack, which several
human rights monitors alleged appeared to have occurred without necessary
intervention by the authorities and despite the presence of nearby army camps.
Displacement and land grabbing were major concerns
for ethnic minority groups in the plains as well. Here too, state agents in the
form of forest department officials, were frequently complicit in eviction,
appropriation and the violence that accompanies these.
During the year, the CTG announced the formation of a
Vested Property Return Tribunal and Appeal Tribunal to deal with the
appropriation of Hindu land through loopholes in the existing Vested Property
Return Act. Unfortunately, as in many other cases, the CTG proceeded in typical
authoritarian fashion, without any consultation with or representation of the
primary stakeholders, thus minimizing effectiveness and no further action was
taken. Attempts to make further amendments to the law on vested property also
stumbled in the face of criticism from informed commentators and affected
groups.
Investigations into extra judicial killings of
Cholesh Richil and other instances of custodial torture were not pursued. A
prominent human rights defender, Rang Lai Mro, arrested and convicted after a
virtually summary trial under the EPR, was not released, even though he had a
serious heart condition. In many ways, then, 2008 did not protect full rights
of ethnic and religious minorities or prevent their violations. A number of new
developments at year end were especially ominous, however, notably those
surrounding demands for blasphemy laws (which found fruit in manifesto
commitments to enact such a law being made by JP and JI) and, in a direct
challenge to the Constitution, the demand, responded to in the AL’s election
promises, that no law “contrary” to the Holy Quran and Sunnah would be passed.
Also disturbing were demands from right wing groups (and government responses
to them) to dismantle any form of public art that religious extremists claimed
to find objectionable and “anti-Islamic”, accompanied by actual assaults on
statutes across Dhaka city with virtually no
response from the authorities.
Religion,
Art and the Cultural Politics of Women’s Rights
In March 2008, in the face of sustained pressure from
women’s groups, the CTG introduced a fairly progressive version of the much
contested Women’s Development Policy (for details, see 2005 and 2006 reports). Other
than the omission of equal inheritance rights, the CTG document did not stray
too much from the 1997 original. However, it produced an immediate and
unanticipated backlash from Islamist extremist groups who took to the streets
to protest the policy, among other things, for its supposed promotion of equal inheritance
rights for men and women. Members of the Islamic Oikyo Jote and others also
demanded that henceforth no law should be passed that contravened the Sharia.
As it had done in other instances, the government permitted and even protected
the sometimes violent street protests by radical Islamists, even though these
contravened the EPR. More troubling was the CTG decision to convene a special
board of religious scholars to scrutinize and suggest revisions to the Policy.
Typically the CTG sent mixed messages, perhaps as a result of internal power
struggles. The CTG did not withdraw or revise its version of the document. Nor
did it respond specially to the
suggested deletions and revisions of the ulema board. Whatever the fate of the
women’s policy, the
government’s apparent strategy to accommodate all sides by waffling has had the
unfortunate effect of giving
religious figures the kind of authority over development policy they had never
had in the past. This was
not a good precedent. Later
in the year, religious extremists attempted to rally support by denouncing
public sculpture they deemed
un-Islamic. The destruction of statues of the 19th century devotional figure
Lalon Fakir – commissioned just
months earlier by CTG, and then of storks in the old commercial district,
appeared calculated to invoke
associations with a Taliban-like brand of Islam. The rather desperate move
backfired, as revealed by the
tremendous civil society response to the destruction of the statues and IOJ
inspired attempts to reshape Bengali
and Muslim culture in Bangladesh.
Economic
and Social Rights
The erosion of social and economic rights, especially
rights to food, a secure livelihood and shelter were major concerns during the
year. Bangladesh,
like the rest of the world, was impacted by global food and fuel crises, both
of which exacerbated existing inequalities. Neo-liberal policies discouraging
investment in the agricultural sector and encouraging retrenchment of
“unprofitable” industries, government missteps in procurement and stockpiling,
soaring global prices for food, and a downturn in the construction sector all
led to the direct loss of livelihoods, which in turn created sharp falls in
food consumption.
Discrimination in ensuring the right to shelter was
demonstrated by the government’s continuing the priority given by earlier
regimes to allot prime urban land for luxury constructions resulting in mass
evictions of low-income families from slums across the cities. As in earlier
years, and despite the state of emergency, the Court provided much needed
protection to safeguard slumdwellers from forcible eviction and overnight destitution.
By year end, the Government had not as yet completed the process for allotting
the one plot of land which it had agreed to provide for resettlement of a
miniscule proportion of the slumdwellers who faced evictions in the capital in
2007.
Even though restrictions on trade union activities
under the Emergency Rules were partially lifted in September, amendments to the
labour laws were made restricting trade union rights in ports. Worker safety
remained unaddressed as non-compliance with the Building Code led to over 100
deaths just in the construction sector. The High Court called for particular
safety measures in ship building, and compensation to families for worker
deaths. Jute mill workers and garments workers continued to agitate through the
year for payment of arrears or for minimum conditions of work to be guaranteed.
Migrant workers integrated into the global economy, faced abuse of their rights
with troubling frequency, by fraudulent recruitment agencies at home and
employers subjecting them to appalling “slave-like” working conditions in some
destination countries. The absence of protective measures in bilateral
agreements with labour importing countries, and the lack of any effective
safeguards in Bangladesh led
to violations of the rights of migrant workers and their deportation from
several countries in the Middle East including Bahrain,
Kuwait and Saudi Arabia,
and no support services available to them on their return. Significant progress
was made in achieving MDGs related to education, during the course of the year.
Controversies arose over whether the training and supervision of primary school
teachers could be placed under BRAC, a leading NGO. Concerns also continued as
in previous years with the poor quality of text books and the lack of prompt or
adequate availability, as well as the lack of regulation of private schools and
universities in particular. Efforts were made during the year to address issues
of corruption and violence, including sexual harassment, on campuses. Despite
positive measure during the year including adoption of the child development
policy and a far-reaching High Court judgment on children in jails, general
concerns remained with the widespread prevalence of child labour in hazardous
industries such as ship breaking. Abuse of child workers and violence against
children was also not addressed effectively by government programmes.
Conclusion:
Back to the Future or New Frontiers?
The 2007 human rights report had noted that rights violations
during the year had striking continuities with the past, and did not always
depend on whether a Government was elected or not. Civil and military regimes in
Bangladesh
have conventionally shared certain features such as the promotion of a culture
of impunity and a tendency toward authoritarianism. The AL’s landslide victory in the December
elections will create new challenges for democratization and decentralization
and for continuing the political and institutional reforms initiated by the
CTG. It is imperative however that the majority party should be responsive to
the demands raised by citizens for accountability – for war crimes as well as
for serious human rights violations and more generally for abuse of power – as
well as for a tolerant and consultative political process. These will need to
be backed up by structural changes to make institutions functional and
non-partisan.
However, the establishment of a stable and political
culture conducive to human rights will require more than cooperation between
the two main political parties. The incoming Government can, if it desires,
easily ratify the positive reforms initiated by the CTG. But it will be on
delicate ground when it comes to ratifying actions that have involved arbitrary
use of powers of arrest or detention or resulted in torture and ill-treatment and
deaths in custody. To do would be to perpetuate the culture of impunity and
ignore the many excesses perpetrated under the SOE. Citizens had signaled their
welcoming of the campaign against corruption, and it would be disastrous for
political parties to ignore this and continue with business as usual.
The political manifestos have held out many promises,
some doable, some no more than a shopping list. On the other hand many
citizens’ groups articulated their own priorities in governance to ensure civil
liberties, human rights, women’s rights, to eliminate social discrimination of
the marginal communities, to protect minority rights and to make political
participation meaningful. These voices need to be heard by those who will now
find themselves in Parliament. If they don’t do so it may be at their own
peril. Citizens have spoken loudly that they will not remain silent and
passive, that they will demand change. The main successes of the year
undoubtedly belong to the active citizenry. For instance, the sustained movement
of many years to bring war criminals to justice and to question their
legitimacy to represent people was undoubtedly a considerable factor in the
defeat of the Jamaat e Islami and Islami Oikkyo Jote candidates.
People’s struggles and voices made a difference.
Cultural politics took a front seat but few people were swayed by the religious
card.
Ultimately the election results appear to be a firm
rejection of the principles of impunity and to constitute a demand for
responsible government and for accountability – for bringing to justice war
criminals and perpetrators of human rights abuses, for an end to rampant
corruption and distortions of the process of justice delivery, for some
assertion of principles of equality and for the fulfillment of the basic rights
of survival to food and shelter. ASK calls on the Government to respond
urgently to these demands.
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