THE FRENZY EFFECTIVENESS OF INTERNATIONAL HUMAN RIGHTS TREATIES IN BANGLADESH.

By:

Md. Zubair Kasem Khan & Md. Mosa Shakil.

Ahmad Ibrahim Kulliyyah Of Laws (AIKOL)

International Islamic University Malaysia (IIUM).

Outline of the Presentation

The Locus of Bangladesh in Asia: At a Glance.

Concept of Human Rights (Both in Conventional & Sharīʿah point of

views.

Protection of Human Rights Under Constitution and Int’. Conventions.

Violation Of Human Rights Convention In Bangladesh

Mass Killing & Genocide. Extra-judicial killing. Enforced Disappearance.

Conclusion And Policy Recommendations.

The Locus of Bangladesh: At a Glance

Situated: North-Eastern part of South Asia, secure independence in 1971 after having a tear’s war of nine months.

Administrative segregate: 7 Divisions, 64 Districts, 481 Upazillas (sub-districts) and 4498 Unions.

Estimated Population 152(+) million, per Capital Income $ 848, GDP is $ 2475.97 (per capita), GDP Growth Rate 6.01 %, Gross National

Product (GNP) 4773.82 (BDT Billion) in the year 2013.

Ratio of Religious Believers: Muslim holds 90.4%, Hindus 8.3%, Buddhists 0.6%, Christians 0.4%, Others 0.3%.

Bangladesh became the Member State of the United Nations on 17 September 1974, have ratified and become accession to

several Conventions and Covenants such as: Convention against Torture (CAT); Civil and Political Rights (ICCPR) and

Economic, Social and Cultural Rights (ICESCR) only to ensure the human rights over the citizens of Bangladesh.

Concept of Human Rights

Human Rights refers to the concept of human beings as having universal natural rights, or status, regardless of legal jurisdiction or other localizing, such as ethnicity, nationality, and sex.

The aspiration of Human Rights includes-

Set of standard that guarantee a life befitting a rational human being.

Are basic and minimum standards without which people can’t live in dignity.

Guarantees the development and wholeness of our being.

Are the “Foundation of freedom, justice, and peace in the world.”

Continuing…

CIVIL RIGHTS Pertaining to those rights which are related to the protection of the right to life and personal liberty Example: right to life, liberty, freedom from torture and right to own property.

POLITICAL RIGHTS Enables the people to participate in running or influencing the administration of the governmentExample: right to vote, right to be elected and right to take part in conduct of public affairs.

ECONOMIC RIGHTS Pertains to access to resources- such as land, labor, physical, and financial capital- that are essential for the creation, legal appropriation, and market exchange of goods and services Example:Right to work, right to own property.

SOCIAL RIGHTS

Relates to living together or enjoying life in communities or organized groups. Example: right to social security, right to social welfare, etc.

CULTURAL RIGHTSEnsures the well-being of the individual, enrichment & dynamic evolution of arts, manners & way of living of a group Example: right to take part in the cultural life, right to social security.

Human Rights in Sharīʿah point of views

The Birth-rights of Life and Security:

In Islam, life is a sacred trust from God and the most basic right of a human being. Allah Sub’hana wa Ta’ala recognizes this right in the Quran:

“…Nor take life – which Allah has made sacred – except for just cause…” (Sura Al Israa: 33).

He also says, “…if anyone kills a person – unless in retribution for murder or spreading corruption in the land – it is as if he kills all mankind while if any saves a life it is as if he saves the lives of all mankind…” (Sura Al Maaida: 32).

The Entitlement to Justice:

Islam requires that Muslims possess upright character and deal justly with the entire human race. Allah says in the Quran:

“You who believe, be firm in your devotion to God and bear witness impartially: do not let hatred of others lead you away from justice, but adhere to justice, for that is closer to awareness of God. Be mindful of God: God is well aware of all that you do” (Sura Al Maaida :8)

“… Allah does not forbid you from those who do not fight you because of religion and do not expel you from your homes - from being righteous toward them and acting justly toward them. Indeed, Allah loves those who act justly…” (Surah Al-Mumtahana: 8).

Protection of Human Rights Under the Constitution of Bangladesh.

The Constitution of Bangladesh (Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2011) is considered as the major policy document of the Bangladesh government, in which the human rights has got the utmost preponderance. Several Articles give protection of Human Rights for the citizens’ of the People’s Republic Of Bangladesh. These are:

Article-11: “ The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed…”

Article-31: “ To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen … no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.”

Continuing…

Article- 32: “ No person shall be deprived of life or personal liberty save in accordance with law.”

Article- 33(1): “ No person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice…”

Article- 33(2): “ Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest… and no such person shall be detained in custody beyond the said period without the authority of a magistrate…”

Article- 35(5): “ … No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment ...”

Protection of Human Rights Under International Conventions.

The United Nations has adopted a number of international treaties over times for the protection of inherent Human Rights of every individual. Some Human Rights instruments are:

International Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment (10 December

1984):

Bangladesh ratified and become accession to this Int’. Convention on 5th Oct, 1998 for the protection of Torture & Other Cruel, Inhuman or Degrading Treatment or Punishment.

Art. 2(1)Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

Art. 2(2)

No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.

Art. 4 (1&2)

Each State Party shall ensure that all acts of torture are offences under its criminal law…shall make these offences punishable by appropriate penalties which take into account their grave nature.

Continuing…

Art 6(1)Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

Art 7No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment…

Art 9Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

International Covenant on Civil and Political Rights (16 December 1966, and in force from 23 March 1976)

Bangladesh ratified and become accession to this Int’ Covenant on Civil and Political Rights (ICCPR) (on 6 September, 2000) only to ensure the human rights over the citizens of Bangladesh. Some Civil and Political Rights includes.

The right of Peaceful assembly shall be recognished. No restriction may be placed on exercise of this right…Art 21

Continuing…

International Covenant on Economic, Social and Cultural Rights (16 December 1966, and in force from 3 January 1976)

Bangladesh ratified and become accession to this Int’ Covenant on Economic, Social and Cultural Rights (ICESCR) (5 Oct 1998) only to ensure the human rights over the citizens of Bangladesh. Some Social and Cultural rights under this Covenant includes:

Art 1

All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Art 5No restriction upon or derogation from any of the fundamental human rights recognized or existing in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

VIOLATION OF HUMAN RIGHTS UNDER INT’. CONVENTIONS IN BANGLADESH

The recent past 4 years of case study shows that, Bangladesh continues to be wracked by human rights violations in divergent ways. These may be seen Sometimes:

By way of Mass killing and genocide.

By way of Extra judicial killing.

In the form of being Tortured to deaths

By way of Grievous Injured, which sometimes tends to Permanent disablement.

Disappearance and

Political violence.

Mass killing and Genocide at Shapla Chattar in Matijhil on 5 May 13

“Hefazate Islam” is a Non-Political Party.

Their were 13 point demands.

Although this mob of Ulema supposed to end with the arrival of the Chief Ulema “Alama Ahmad Shafi”, he could not arrived due to Political matter.

At night, the attack done by the joint forces over the innocent peace loving Ulemas.

202 activist were deaths and around 2500 persons missing.

Violation of Human Rights on

Shapla Chattar

Mass killing and genocide at Shapla Chattar in Matijhil on 5 May 13

.

Mass killing and genocide in Bangladesh on 28th February 2013.

Allama Delware Hossain Sayedee.

Has been sentenced to death for allegedly committing crimes against humanity during the war in 1971.

Supporters took to the streets and protested the verdict.

Police put down the mass protest using fire arms, guns, tear shells, charging baton .

At Least 81 Have Been Killed, Including 4 Police Men.

Mass killing and genocide in Bangladesh on 28th February 2013.

Genocide on the basis of Allam Delowar Hossain Saydee

Extra-judicial killing and Disappearances

On April 18, 2012, former Member of Parliament, M Ilias Ali and his driver Ansar Ali.

On April 4, 2012 Aminul Islam (41), a leader of the Bangladesh garments and industrial workers federation.

On Dec 4,2013, 7 person had been disappeared in Dhaka City.

On April 27,2014, 7 person had been disappeared in Narayongong City.

Continuing…

Violation of Human Rights were:

Article 31 of BD Constitution

….no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.”

Article- 35(5) of BD Constitution

“ … No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment ...”

Art. 2(1) of ICATOCIDTP

…prevent acts of torture in any territory under its jurisdiction…

Continuing…

Art 6(1) of the ICCPR

Every human being has the inherent right to life. This right shall be protected by law

Art 7 of the ICCPR

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment…

Art 21 of the ICCPR

The right of Peaceful assembly shall be recognished. No restriction may be placed on exercise of this right…

Statistics on January to April 2011

Statistics on January to April 2012

CONCLUSION AND POLICY RECOMMENDATIONS…

Reformation of investigation committee.

Assurance of the rights of every people.

Ensure the security of their right to life and property.

Implementation of law (both in domestic and international) within the country.

Accountability of the law enforcement agents need to be ensured.

Proper Training should be given to the law enforcement Agents.

Rule of Law must to established.

Thank you