Title: Prospects and Challenges of

Human Rights in Bangladesh

Study Course: Human Rights in Bangladesh

Semester-2

Submitted to:

Submitted by:

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

Shankor Paul/Assignment-1/Course: 204/ Semister-2: Dhaka International University 0

 Table of Contents

List of Abbreviations --------------------------------------------------------------------------------------- 1

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4.3 Withdrawn of criminal cases (with political consideration)--------------------------------------------5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

List of Abbreviations

CEDAW = Convention on the Elimination of Discriminations Against Women

CPI = Corruption Perception Index
CRC = Conventions on the Rights of the Child
CSO = Civil Society Organisation
ICCPR = International Covenant on Civil and Political Rights
ICESCR = International Covenant on Economic, Social and Cultural Rights
MDG = Millennium Development Goals
NGO = Non Government Organisations
NPA = National Plan of Action
RAB = Rapid Action Battalion
UDHR = Universal Declaration of Human Rights
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UN = United Nations

1.0 Introduction

The assignment is specially focused on the state of Human Rights in terms of prospects and
challenges in Bangladesh and so it requires a comprehensive analysis of existing situation of
Human Rights, it prospects and upcoming challenges for promotion and protection of human
rights of the people in Bangladesh.

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

2. Instruments of Human Rights adopted by Bangladesh

Bangladesh adopted a numbers of international and national legal frameworks to promote and
protect human rights and fundamental freedom of all citizens.

2.1 International Instruments

o Bangladesh acceded to the International Covenant on Civil and Political Rights (ICCPR)
on September 6, 2000.
o Bangladesh accessed to the International Covenant on Economic, Social and Cultural
Rights (ICESCR) on 5 Dec. 1998.
o Bangladesh accessed to the Convention Against Torture and other Cruel Inhuman or
Degrading Treatment or Punishment (CAT) on 5 Oct. 1998.
o Bangladesh ratified the Convention on the Rights of the Children (CRC) on 26 Jan.
1990.
o Bangladesh is the signatories of the International Convention on the Protection of the
Rights of All Migrant Workers and Members of their Families (ICRMW) on 7 Oct. 1998.
o Bangladesh accessed to the Convention on the Elimination of All forms of Discrimination
against Women (CEDAW) on 6 Nov. 1984 and also ratified the OP-CEDAW on 6 Sept.
2000.

2.2 National Legal instruments

National legal rights are protected by the constitution, national laws and national rules and
regulations of Bangladesh. It can be articulated with:

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Firstly: Bangladesh Constitution guaranteed fundamental rights of all its citizens without
making any distinctions.
Secondly: National law of Bangladesh protect every citizen as part of their civil rights (in
line with Constitution). Civil rights are set out in the Civil Codes, the Penal Code
and the Labour Code.
Thirdly: The rules and regulations of the Government that provides detail descriptions of
some specific rights of the people, such as: rules and regulation on the local
government functionaries and various Acts.
Fourthly: There are some cultural and social norms and values, which are linked with
specific rights of the people.

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

On the other hand, Article-28 (2) provides the right to equality between men and women in all
spheres of public life, and Article-10 refers to take steps to ensure women's participation in
public life. It authorizes, but there is still a disparity between men and women in their
participation in public and private life.

3. Prospects of Human Rights in Bangladesh

The prospects of human rights in Bangladesh can be articulated through the following
dynamics:

3.1 Rule of Law

“Rule of law” is the most essential element for protection of Human Rights. It implies the
absence of arbitrariness’ in the governance of a country. Law is considered as supreme and
none can claim exemption or immunity from it. Article 32 of the Constitution of Bangladesh
guarantees fundamental rights, a person’s rights to life and liberty. But the reality is that the
state of rule of law in Bangladesh is unquestionable terrible. There can be cited thousands of
examples of the deteriorated image of rule of law currently occurring in Bangladesh. The most
dangerous thing is even the law enforcing agencies or defence officials get into involved in
various forms of crime. Law is being violated with the sponsorship of ruling political party or
parties.
3.2 Enforcement of laws, Acts and Policies
Bangladesh has introduced a numbers of Laws, Acts and legal policies (i.e. national women
policy, 2011; national children policy, 2011) in relation to promotion and protection of human
rights of the people.
Example: The Women and Children Repression Prevention Act (amendment in 2003)
The Dowry Prohibition Act of 1980 prohibits the taking or giving of dowry
The Acid Crimes Prevention Act 2002
The Child Marriage Restraint Act, 1929
The Dowry Prohibition Act, 1980

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In spite of these laws, acts and policies, the trend of violence and crimes is increasing day by
day in Bangladesh. This is because there is a serious lack of enforcement of the law, by the
police, by the lawyers and other relevant authorities. The poor enforcement of laws is always
victimizing the poor people of the country to get protection of the laws.
3.3 Independence of Judiciary
Independence of judiciary means a fair and neutral judicial system of a country. This can afford
to take its decisions without any interference of executive or legislative branch of government.
This independence is affirmed and declared by Art. 94(4) and 116A of the Constitution of
Bangladesh. The Appellate Division in the Masder Hossains case observed: “The
independence of judiciary as affirmed and declared by Art. 94(4) and 116A, is one of the basic
pillars of the Constitution. But after 35 years of struggling for independence of judiciary, the
judiciary of Bangladesh finally separated from the executive (in 2007). The reality is that the
independence of judiciary is on the paper, and still the Judges are appointed and promoted
based on their ‘loyalty’ to the ruling political party. This is, however, not creates a new trend of
judiciary in Bangladesh.

3.4 Promotion of Democracy

Democratic system assures the scope of people’s participation to choose their leadership and
Government. After a long run struggling under the military dictatorship in the Government,
Bangladesh returned into the parliamentary democracy by the 12th Amendment of the
Constitution in 1991, but it is failed to explore a firm foundation of democratic society in
Bangladesh. Lack of an independent Election Commission was one of the main reasons to
arrange a free, fair and credible election. In 2006, volatile political culture was seen all over
Bangladesh due to mistrust between two major political parities of the country. As a result,
election of 11th January, 2007 was postponed and military backed caretaker government came
to power with declaring emergency and ongoing governance and democratic process was
failed. After 2 years of struggling for democracy, the new democratic government is formed in
2009 but still there is observed mistrust and conflicting politics in Bangladesh, which is really
alarming for the sustainability of democracy in Bangladesh.
3.5 The Commissions
An independent commission for prevention of deep rooted corruption and gross violation of
human rights was necessary for Bangladesh to reinforce the country wide action against
corruption and violation of human rights. As per requirements, Bangladesh has introduced a
separate structure in the name of independent “Anti-corruption commission” and “National
Human Rights Commission (NHRC)” but the both commission is directly or indirectly functional
under the control of the Government. The NHRC can only investigate human rights abuses and
make recommendations to the government, which is not enough for strong movement against
rights violation. After the Army backed caretaker Government, there is no special drive of the
anti Corruption Commission is found against the gross-corruption. Recently a Bill on the Anti
Corruption Commission (Amendment) Act, 2011 has been tabled in Parliament with a provision
that the prior permission of the government is to be required in order to file cases against
government officials and public representatives. Therefore, the recent trend is the reflection of
struggling mood of both commissions to make any visible change in the preventing corruption
and human rights violations.

4. Challenges in context of Bangladesh

There are a numbers of challenges prevailing in Bangladesh, which is denying the national
image and rights of a person as a human being. Some of these challenges are given below:
4.1 Extra judicial killing
The “extrajudicial killing” is a sever form of human rights violation that often denying justice. It
has become as an integral part of law enforcement system in Bangladesh. Through the
Constitution of Bangladesh and the UN’s Universal Declaration of Human Rights strongly
defined this act as violation of human rights, it is still continues in Bangladesh. The Government
is failing to keep its commitment to end extrajudicial killings, torture, and other abuses by the

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Rapid Action Battalion (RAB) and police towards assuring their accountability. In spite of High
Court’s ruling, extrajudicial killings are continued that violates the rule of law of the country.
According to Odhikar, 33 people 1 were extra judicially killed by law enforcement agencies
during the last three months (January to March 31, 2011). It means on an average every 03
days 01person is reported killed extra-judicially.

4.2 Custodial torture and deaths

Custodial torture and death are strongly prohibited by the National and international laws. But in
Bangladesh it has seen as a routine procedure to extract information from the accused persons
in detention. In some cases, the victims simply 'disappear'. According to Odhikar report, 38
persons died in custody during last three months, and off them 25 were died in Jail (Jan. to
March 2011).
4.3 Withdrawn of criminal cases (with political consideration)
There is a current trend that the Government withdrawn a number of criminal cases (i.e. with
the charges of murder, rape, robbery, corruption, extortion and for keeping illegal arms), by
defining it as “political harassment” cases. It has been reported that total 6,750 cases are
withdrawn since Jan. 2011 by the “National review committee” for reviewing the cases for
withdrawal. A total of 73,541 accused persons had been acquitted in this process. Without
facing the judicial procedures, this type of case withdrawing process is not favourable for the
country’s rule of law and justice.
4.4 Political violence
The political violence is another form of human rights violation in Bangladesh like other third
world countries. It has been observed that political domination, lack of democratic culture
among political parties, mistrust, and un-law full exercise of power are the main contributing
factors in the political violence in Bangladesh. It is reported (by Odhikar) that 30 persons were
killed and 2,527 injured in political violence during last 3 months (Jan to March 2011). In
addition to this, 4 were killed and 1,135 people were injured in Awami League internal conflicts
while 1 was killed and 191 persons injured in internal conflicts of BNP. Therefore, the situation
is not favourable for democracy and overall development of Bangladesh.
4.5 Corruption
Corruption is another restricting force in advancing rule of law and human rights in Bangladesh
It is often denying the enforcement of law against the powerful perpetrators and limiting the
hope of justice for the mass people. The scale of corruption “(introduced by Transparency
International) is marked in below 3 (CPI scale= 2.4 out of 10), which is considered a matter of
great concern for Bangladesh.
4.6 Freedom of media
The constitution provides for freedom of speech and press, but the government frequently failed
to respect these rights in practice. In recent time, the attack on journalists has come out as a
concern. There was an increase in individuals affiliated with the government or ruling party
harassing, arresting, or assaulting journalists. It is reported that (by Odhikar and media
watchdog groups) at least 4 journalists were killed, 118 were injured, 2 were arrested, 43 were
assaulted, 49 were threatened, and 12 had cases filed against them in 2010. During last 3
months (Jan to March 2011), 20 journalists were injured, 20 threatened and 10 journalists
assaulted and 03 cases were filed against journalists.
4.7 Border Killings
Border killing by the BSF is another
miserable issue for the border lying people in
Bangladesh. The poor and marginalized
people in border lying areas are often
crossing the border (due to unmarked natural
border line between Bangladesh and India)
for serving works and commence. While
some of those killed are engaged in
1
Human Rights Monitoring Report, Oshikar (January to March 31, 2011)
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smuggling goods and contraband, BSF systematically use lethal force without justification. In
spite of repeated complain of Bangladesh Government, the border killing is still continued. It is
reported (by Odhikar) that at least 930 Bangladeshi nationals were killed by BSF in 2010. A
number of Indian nationals have also been killed by BSF deployed at the border.
4.8 Illegal Fatwa
In spite of declaration by the High Court as illegal acts, the practice of fatwa is still continuing in
Bangladesh. In recent time (January 31, 2011), Hena Akhter died being a victim of illegal fatwa
at Noria in Shariatpur district due to lashings by locals in mediation on January 24, 2011. Police
could not arrest 11 of the 18 accused persons in the Hena murder case. In response to this
case, Bangladesh's Supreme Court has ruled against 'fatwa' (Islamic religious edict) being
issued as punishment against hapless women. It said "no punishment including physical
violence or mental torture in any form can be imposed or implicated on any body in pursuance
of fatwa". It is noticed by the Supreme Court that fatwa on religious matter may be given by the
"properly educated persons", which may be "accepted only voluntarily, but any coercion or
undue influence in any form is forbidden".

4.9 Violence against women

Violence against women is alarming in
context of traditional socio-legal structures
in Bangladesh. It is observed that the
women and girls are mainly becoming the
victim of violence. During last 3 moths,
women and girls were victimised by 29
acid violence, 104 dowry related violence,
127 rapes and 203 sexual harassment.

4.10 Freedom of Peaceful Assembly

and Association
In spite of the constitutional provisions for freedom of assembly and association, the law
enforcing agencies to some extent making some restriction in certain areas in the name of
traffic and security concern. The restriction is ultimately blaming to the Government (by the
opposition) as violation of freedom of assembly.

4.11 Rights violation of ready-made garments workers

It is frequently reported that the rights of garments workers are violated in terms of minimum
wage for their labor and safe working environment. The leaders of the garments workers are
often claiming their rights issues and often declaring the strike to achieve it. The process is
often creating mistrust between the garments owners and the workers that turns into a
conflicting situation. It was reported (in 2010) that 7 garments workers died and 2,538 persons
were injured. In last 3 months of 2011, 2 workers are died and 319 are injured while protesting
in demand of either overdue wages or for an increase in wages and against other work related
violence in the readymade garments sectors. The situation is reflecting continues forms of
violent acts against the garments workers in Bangladesh.

5. Conclusion
Human Rights are simply a theoretical perspective in context of recent Bangladesh, in practical
its violation is seen in every spheres of lives that restricting the rule of law and advancement of
the country as a civilized nation. A variety of social, economic, cultural and political factors are
contributing to the violation of human rights.
The present reality of Bangladesh proves again that while a representative government is
essential for democratic practice, is not enough if the Executive, Judiciary and the Legislative
fail to play their respective roles to ensure constitutional and international norms of human
rights. In such situation an undemocratic and dictatorial nature of power manifests in many
different ways and abuses the state machinery for partisan and narrow political gain. If we see
the corruption perception index (CPI) that produced by Transparency International, we may find
a painful result for Bangladesh during last 10 years (at the bottom layer). But there is a hope
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that the situation is gradually improved, as Bangladesh occupied the 3rd, 7th, 10th 13th and 12th
position in 2006, 2007, 2008, 2009 and 2010. Recently Bangladesh has shown its success in
the improvement of social welfare and social safety nets by reducing the mother and child
mortality rate in the country. It is also added value making great contribution in the troops of UN
peace keeping operations. Bangladesh is the second-largest contributor of troops to United
Nations Peacekeeping Operations with some 4,500 soldiers in missions around the world.
Bangladesh is declared itself as a party to all 13 terrorism-related United Nations conventions,
a testament to its commitment to fighting terrorism in all its forms and manifestations.
Bangladesh has enacted appropriate legislative measures to promote the rights of women and
children and to protect them from violence, abuse and discrimination. The Government has
undertaken policy measures to implement the Beijing Platform for Action and MDG targets for
Bangladesh.
In spite of some great success in the newly shaped democratic system (since 1991), about half
of the population are still struggling to survive (48.5% people are staying below the poverty line)
with minimum requirement of life. We need to minimise the inequality in resource allocations
(between rich and poor and even men and women), decentralisation of power, upholds the rule
of law, removal of political biasness, reinforce the functionality of state institutions and assure
transparency and accountably in all functions. Though it is dream for current state of human
rights in Bangladesh, the days will come to Bangladesh with the leadership of committed
generation who will be able to ensure everyone’s rights and respect as frame of a civilised
nation.

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

7.0 References:
1. Oshikar, Jan 2011. Human Rights Report, 2010.
2. U.S. Department of State: Human Rights Report 2011
3. Malik, K. M. A. 2011, Paper on State of Human Rights in Bangladesh.
4. Financial Express, January 1 2010, “Human Rights in Madina Charter and Bangladesh
Constitution.
5. Election Commission of Bangladesh, Women in Bangladesh, Bangladesh National
Report, 1995.
6. Memorandum for Bangladesh Development Forum 1999-2000, April 19-20, 1999, p. 49.
Shankor Paul/Assignment-1/Course: 204/ Semister-2: Dhaka International University 7
7. Paul, Shankor and Noble, Daniel (2007) “Rights Based Approach to Trafficking
Prevention”; Dhaka: Concern Universal, PP-81.
8. UNFPA (2003) ‘Violence against Women in South Asia – A Regional Analysis’,
Kathmandu: UNFPA.
9. The Report on “State of Human Rights in Bangladesh”, 2010. Asian Human Rights
Commission (AHRC).

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