Rights abuses go unabated in Bangladesh as NHRC bypasses mandate

Enforced disappearance, extrajudicial killings and custodial torture go unabated in the country with the National Human Rights Commission busy dealing with crimes of general nature, corruption, extortion, drug abuse, violence against women and public service delivery-related issues.

Amid this human rights situation prevailing in the country, Bangladesh observes the Human Rights Day today as elsewhere in the world.

The commission in last two years performed poorly in disposing of complaints related, among others, to extrajudicial killings, enforced disappearances and custodial deaths allegedly committed by the law-enforcement agencies, its annual reports indicated and observers said.

On the other hand, it kept itself preoccupied with resolving dowry-related feuds, property or

land-related disputes, violence against women and children or conjugal problems.

Rights organisation Odhikar recorded 546 cases of enforced disappearances reported between January 2009 and November 2019 and said that the whereabouts of 166 victims – including opposition political leaders, a former military official and a former lawmaker – were still unknown.

Over the same period, a total of 2,290 people were extra-judicially killed under the guise of ‘gunfight’ or ‘crossfire’, according to Odhikar record.

Rights activists expressed their concern over the poor performance by the rights commission over major issues of rights

abuses, saying that it mixed up the issues of human rights with the criminal offences.

According to the 2018 NHRC annual report, which was published in 2019, the commission received 25 complaints over enforced disappearance in that year, only five of which were disposed of, while out of the 13 complaints it received over extrajudicial killings just four were settled.

Commission officials were, however, unwilling to disclose the cases which their organisation said in its annual report they had settled. 

On the contrary, as the NHRC annual report revealed, the constitutional body received 121 complaints of violence against women and children including murder, rape, dowry, sexual harassment, of which it disposed of 94.

Of the 42 complaints it received related to conjugal problems, including divorce and maintenance, it resolved 40 while it cleared 67 of the 72 complaints it received related to land and property disputes, according to its annual performance account.

According to an NHRC meeting resolution, signed on August 1, 2019 by the then acting chairman Nazrul Islam, the immediate past commission disposed of 2,508 complaints in their three-year tenure leaving 295 cases pending.

But ‘most of the pending complaints are related to allegations against law-enforcement agencies over extra-judicial killings and enforced disappearances,’ said one of the commission officials who closely monitor its investigations.

Rights activist Sultana Kamal described the country’s rights situation extremely terrible due to lack of freedom of expression, peace and justice, terming extrajudicial killings, enforced disappearance and custodial torture, among others, as the prime issues of concern.

She resented that the commission was also mixing up criminal issues with rights ones.

Rights organisation Ain o Salish Kendra’s executive director Sheepa Hafiza told New Age that after following the activities of the commission they came to believe that it turned into to a home of retired government officials.

She further said that they were closely working with the commission and found that it did not have any interest in the major issues of human rights concerns, including extrajudicial killing and enforced disappearance.

Sheepa commented that the statutory body should not play the role of a social welfare department while its officials believed that it was not their duty to criticise any rights abuse by the government or its agencies.

Dhaka University law professor and former NHRC chairman Mizanur Rahman said that the commission could not become an Anti-Corruption Commission but it should be vocal so that people could see their existence protected.

He suggested that the commission members should know what human rights meant.

Asked about the statutory body’s poor performance and the criticism by rights activists, NHRC permanent member Kamal Uddin Ahmed on Sunday told New Age that there would be criticism but the commission was increasing its activities gradually.

He further said that they were now giving priority to the complaints over violence against women, extortion, rape, murder, drug abuse and social violence.

Asked, Kamal, a former home secretary, said that that they would ‘see’ whenever any complaints would be lodged over extrajudicial killings or other forms of human rights violation. 

 He, however, said the commission was planning to a have memorandum of understanding with the Anti-Corruption Commission to put emphasis on rights abuses while the commission was also looking for a land to build their permanent building to boost up their activities.

Law minister Anisul Huq, who represents the state at the UN over rights-related issues, told this daily on Monday that he found the overall rights situation in the country ‘far better’ than any other time as the prime minister Sheikh Hasina-led government believed in democracy, rule of law and justice.  

He claimed that the government agencies were never endorsed for carrying out any extra-judicial killing and being involved in enforced disappearance, adding that victims in many cases were found alive and many people went into hiding on their own.

He, however, commented that law-enforcement agencies should be allowed to work too.

Asked about the selection process of the NHRC members, the law minister, also a member of rights commission’s selection group, claimed that the commission was formed as the law prescribed.

The law does not require discussion with the civil society on this matter, he said, adding, ‘Still we listened to them.’

Sultana Kamal, however, expressed her disappointment over lack of transparency in the selection process of the commission.

Ain o Salish Kendra carried out an analysis on the performance of the National Human Rights Commission where it observed that the rate of its complaint disposals has increased to 53 per cent by 2018, compared to 2016.

The rights group, however, criticised the commission, saying that it did not utilise its capacity.

The commission has the scope to move to the High Court for remedies or ask the government to take legal action against rights abusers, the ASK noted.

It has also the jurisdiction to visit prisons regularly and place recommendations to the government so that no law contradicted any international law, it stated further.

In its analysis, the ASK observed that the NHRC in their annual report highlighted its activities but did not mention why it could not work on specific issues.

The ASK said that the NHRC should hold mass hearing on extrajudicial killings, enforced disappearances, custodial deaths, freedom of expression and other issues of human rights abuses.

This year’s theme of the day is: ‘The Year of Indigenous Languages: Promoting and Deepening a Human Rights Culture.’

The NHRC would host the national programme at the Pan Pacific Sonargaon hotel with fund from UNDP’s human rights programmewhere prime minister Sheikh Hasina for the first time would join as the chief guest.

The NHRC has invited 950 dignitaries to the programme while many noted rights defenders including Nur Khan Liton and Adilur Rahman Khan were not invited.     

The NHRC officials said that this year the government also allocated Tk 40 lakh to hold programmes at the district level.

Odhikar would observe the day with discussions, human chains and rallies in different districts and would meet victims’ families.

The Human Rights Support Society would hold a rally at the Central Shaheed Minar at 9:15am to mark the day.

News Courtesy: www.newagebd.net