Research Monograph

On
Role of Judiciary in Protection of Human Rights : An
Analysis from Bangladesh Perspective
Introduction

The human rights condition determined by the social and political values and also with the
economic condition. Most of the people of Bangladesh lead their life below the poverty line.
The human rights of Bangladesh are separate from the western values. The condition of
human rights of Bangladesh mainly detected by the condition of women child minorities and
the role of security forces. International community mainly focuses on the role of security
forces and severe violation of human rights. The constitution of Bangladesh provides enough
space for rights of every individual human being. Traditional and religious value are on the
focus on any discussion of human rights of Bangladesh. If any one try to evaluate the human
right situation in Bangladesh he must acknowledge the traditional social and religious value
of Bangladesh.

Human Rights

Human called scientifically as homo sapiens which means knowing man. On the other hand
rights mention as recognized order by any political institution or particular philosophical
theory. So, Human rights mention as

By born rights

Natural rights

Full freedom and autonomy of individual human being

Inalienable moral entitlement

Evolved over time

Varies from society to society,culture to culture

Recognized by int. community

Order of justice

Equal opportunity in every sphere of life of a human being.

Sources of Human Rights in Bangladesh

The constitution of Bangladesh is the main source of human rights on legal verdict. Because
of different international treaties and as a member of UN Bangladesh should maintain some
international rules and regulation. On the other hand traditional social and religious values
are on focus on moral basis

Sources of Human Rights in Bangladesh:

The constitution of the International organizations Traditional social and

peoples republic of and treaties religious values
Bangladesh

Human rights and the constitution of Bangladesh

The constitution of Bangladesh provides basic and fundamental rights for all human beings.
It also ensure the full freedoms and particular space for all human being. Such as-

Article 27 ensure equality before law without any discrimination

Article 28 provide all rights without discriminating as race, sex, culture, religion etc.

Part 3 discuss about the fundamental rights and freedom for all human being such as
freedom of movement, freedom of association, freedom of assembly, freedom of
property, freedom of religion, free choice of employment and basic fundamental
needs.

The constitution also provide some law which used by armed force to violate human rights.

Special power act(SPA) 1974 which provide chance to detained without any cause.

Section 54 of criminal code ensures arrest any civilian without any warret.

Emergency provisions 142-b ccn stop fundamental freedoms of people like freedom of
movement ,freedom of association, freedom of press,freedom of property etc.

Human Rights in contemporary context of Bangladesh

Bangladesh held free and fair parliamentary elections with isolated irregularities and
sporadic violence. The elections and subsequent peaceful transfer of power ended two years
of rule by a military-backed caretaker government. In Bhutan, elections for the lower house
of parliament completed the countrys transition to a constitutional and limited monarchy
with genuine popular oversight and participation.

In Bangladesh, levels of violence declined significantly and the caretaker government

oversaw successful elections, but the governments human rights record remained a matter of
serious concern. The state of emergency, which the government imposed in January 2007 and
lifted on December 17, curtailed many fundamental rights, including freedom of expression,
freedom of association, and the right to post bail. The governments anticorruption drive was
greeted by popular support but gave rise to concerns about fairness and equality under the
law. Although the number of extrajudicial killings decreased, security forces committed
serious abuses, including extrajudicial killings, custodial deaths, arbitrary arrest and
detention, and harassment of journalists. Some members of security forces acted with
impunity and committed acts of torture, and the government failed to investigate fully
extrajudicial killings.

Bangladesh reported acts of intimidation and abuse as well as increased scrutiny by security
forces.

Bangladesh is a parliamentary democracy of 150 million citizens. On December 29, the

Awami League (AL) led by Sheikh Hasina Wazed won 230 of 299 Parliamentary seats in
elections considered by international and domestic observers to be free and fair and marked
by isolated irregularities and sporadic violence. The elections and the peaceful transfer of
power that followed ended two years of rule by a military-backed caretaker government.
Khaleda Zia, head of the Bangladesh Nationalist Party (BNP), stepped down as prime
minister in October 2006 when her term of office expired and transferred power to a caretaker
government to prepare for general elections the following January. In the wake of political
instability in January 2007, President Iajuddin Ahmed, then head of the caretaker
government, declared a state of emergency and postponed the elections, appointing the new
military-backed caretaker government led by Fakhruddin Ahmed, the former Bangladesh
Bank governor, who in July 2007 pledged that elections would be held by the end of 2008.
Although civilian authorities generally maintained effective control of the security forces,
these forces frequently acted independently of government authority.
Although levels of violence declined significantly and the caretaker government oversaw
successful elections, the governments human rights record remained a matter of serious
concern, in part due to the state of emergency that remained in place for most of the year and
the failure to fully investigate extrajudicial killings. The state of emergency, which was
relaxed temporarily in advance of local elections in August and finally lifted on December
17, curtailed many fundamental rights, including freedom of expression, freedom of
association, and the right to bail. The government promulgated the Emergency Powers Rules
(EPR) 2007 and Emergency Powers Ordinance 2007 to enforce the state of emergency. The
anticorruption drive that the government initiated, while greeted with popular support, gave
rise to concerns about fairness and equity under the law. For most of the year the government
banned political activities, although this policy was enforced unevenly. There was a decrease
in the number of extrajudicial killings by security forces, but they committed serious abuses,
including extrajudicial killings, custodial deaths, arbitrary arrest and detention, and
harassment of journalists. Some members of security forces acted with impunity and
committed acts of physical and psychological torture. Violence against women and children
remained a serious problem, as did trafficking in persons.

International community and Bangladesh

Key members of the international community, such as the United States and the European
Union, have expressed growing concern over the violence in the country. In particular, the
international community has been pointing to the governments failure to take action against
militant groups. Only after the August bombings did the government appear to take the threat
seriously. It initiated a massive crackdown, which resulted in an estimated eight hundred
arrests. The most significant arrestee, Mufti Abdul Hannan, reportedly has admitted to ties
with violent fundamentalist international Islamic groups.

The E.U. parliament issued a strong resolution in April 2005, pointedly stating that the RAB
was responsible for extra-judicial killings while engaged in anti-crime operations. The United
States has recently taken the lead on expressing concern at the situation in Bangladesh. In
October 2005, sixteen U.S. lawmakers raised the issue of increasing political violence and
recommended sending a U.N. team to investigate the allegations. India expressed its concerns
as well and, in February 2005, refused to attend the South Asian Association for Regional
Cooperation summit which was to be hosted in Dhaka, citing, inter alia, concerns over the
security situation there.
In 2009 the foreign minister Dr. Dipu Moni of BD visit UN and assure them to stop the extra
judicial killings and strong human rights commission.

Religious values in Bangladesh

Bangladesh has a complex religious tradition and mix up with western and eastern culture.
religious has a role to play in the context of [Link] create some discrimination about the
rights of women but he strong social values protect from a lot of human rights violation. For
example, only Chicago faced 30,000 rapes within one hour loadsheding but BD is lot safer in
this place. Proper maintenance of religious values can play a vital role to protect the HR in
BD.

Women rights situation

Bangladesh is a Country with a population of about 140 million. The per capita income is
about 363 Dollars. But more than 50% people live below poverty line.
The women are considered as a group of lagging behind. Though various laws and Acts have
been made to protect them, they are easy prey to persecution, torture and injustice.

In Kushtia district, in the month of June alone, police and hospital records reportedly
revealed that at least 19 women committed suicide and 65 more attempted suicide
because of violence by their husbands or family members.

Thus we see that the women are victims of social & religious injustice. They are
brought up in an environment of unfriendliness. Then again, the women fall prey to
kidnapping. They are kidnapped and sold to different brothels. They are also
trafficked illegally to other country like India, Pakistan and Middle East. Several type
of such trafficking is there. About 123 women were found in India who was brought
back to Bangladesh.
About 6000 women were trafficked out of border every year. The task of recovering
them, bringing them home and rehabilitate them is a mammoth task.

50% of all over women discriminate in BD and victim of torture. if it rejoined with
family and religious form of discrimination it raises up to 96%.
 BD has some positive side also.24 wmen elected in last parliamentary election in
[Link] local govt election also a success for BD.

The law prohibits rape and physical spousal abuse but makes no specific provision for
spousal rape. According to Odhikar, there were 454 reported incidents of rape during
the year, including 202 against women and 252 against children. According to human
rights monitors, the actual number of rape cases was higher because many rape
victims did not report the incidents due to social stigma. Prosecution of rapists was
not consistent

Female prostitution was legal. Male prostitution was illegal, although local NGOs
claimed it was common in the major cities. The authorities generally ignored the
minimum age of 18, often circumvented by false statements of age, for legal female
prostitution. The government rarely prosecuted procurers of minors, and large
numbers of underage girls in prostitution worked in brothels. Local NGOs estimated
the total number of female prostitutes was as many as 100,000. The UN Childrens
Fund (UNICEF) estimated in 2004 that there were 10,000 underage girls used in
commercial sexual exploitation in the country, but other estimates placed the figure as
high as 29,000. Trafficking of women internally and internationally remained a
problem.

Condition of minorities

The recent press reports from different parts of Bangladesh on the alleged repression
committed against the minority community, the Hindu community in particular, is regrettable
and anti-human rights. In the last three decades, human rights abuses against the Hindu
minority in Bangladesh have largely gone unreported. Sadly, Bangladeshi nationalism has not
been fully successful to accommodate the Hindu minority with propriety.

The state religion of Bangladesh, as incorporated in the Constitution of Bangladesh by the

former dictator cum President H.M. Ershad, is Islam. The purpose was to cash in religion for
heinous political gains. About 87 per cent of the population of Bangladesh is Muslim.
However, the minority Hindus, Buddhists and Christians have the right to practice their
religious beliefs. Article 2A of the Constitution of Bangladesh clearly states that, other
religions may be practiced in peace and harmony in the Republic.
 In January 2004, the government succumbed to an ultimatum from their coalition
partner, the Islami Okiya Jote, and from the extremist vigilante Khatme Nabuwat
Movement to declare that Ahmadi people are not Muslims .Attacks on the homes and
places of worship of Ahmadiyya are still prevalent, but the government has chosen
neither to prosecute those responsible, nor discipline police officers who failed to
protect victims. Other religious minorities have come under attack

DHAKA, June 14 (OneWorld) A discriminatory law enacted decades ago in Muslim

majority Bangladesh continues to deprive hundreds of thousands of minority Hindus
of land rights, despite being repealed in 2001. Before Bangladeshs independence
from Pakistan in 1971, West Pakistani military rulers had enacted the Enemy Property
Act, 1965, to drive Hindus out to neighboring India after grabbing their lands.
According to him, the share of landless households increased from 19 percent in 1960
to 56 percent in 19 During the year the government did not take any measures to
implement the 2001 Vested Property Return Act providing for property restitution to
persons, mostly Hindus, whose property the government seized after the 1965 India-
Pakistan war.

Condition of indigenous people

Tribal people had marginal ability to influence decisions concerning the use of their lands.
There was little progress in the implementation of the 1997 Chittagong Hill Tracks Peace
Accord. The government refused to cede responsibility for key functions such as land use and
natural resources to local authorities, as the accord called for. Law and order problems and
alleged human rights violations continued, as did dissatisfaction with the implementation of
the Peace Accord.

The government allowed some mobile phone and Internet coverage to the three Hill
Tract districts. Although the government cited security concerns as the reason for
limiting coverage, human rights groups and local officials claimed that lack of
coverage was also aimed at stunting the development of the region. The Land
Commission dealing with land disputes between tribal individuals and Bengali settlers
did not function effectively in addressing critical land disputes. Tribal leaders
remained disappointed with the lack of assistance to those who left the area during the
insurgency. Local human rights organizations alleged that security forces took
 advantage of the state of emergency to increase human rights abuses, including
arbitrary arrests, against indigenous people.

The conflict continued between the Parbattya Chattagram Jono Sanghati Samity
(PCJSS), which signed the 1997 Peace Agreement with the government, and the
United Peoples Democratic Front (UPDF), which is opposed to the Peace Agreement.
There were no further updates regarding the 2007 killing of PCJSS activist Vinku
Kumar Chakma.

There were no developments in the March 2007 arrest of UPDF members Bimol
Bikash Chakma and Milon Bihari [Link] people in other areas continued to
report loss of land to Bengali Muslims. The government continued work on national
park projects on land traditionally owned by indigenous communities in the
Moulvibazar and Modhupur forest areas.

In February 2007 the government withdrew 16 temporary camps of security forces in

the Rangamati area of the Hill Tracts. Since the signing of the 1997 Peace Agreement,
the government has withdrawn 212 camps, leaving approximately 270 camps. The
government did not conduct further withdrawals in the region.

Children condition

The government, with the assistance of local and foreign NGOS, worked to improve
childrens rights and welfare, enabling the country to make significant progress in improving
childrens health, nutrition, and education. Despite the progress, according to UNICEF
slightly fewer than half of all children remained chronically malnourished.

One local human rights NGO, Mass Line Media, concluded from a survey in 2004
that an estimated 40 percent of all marriages could be considered child marriages. In
an effort to reduce child marriage, the government offered stipends for girls school
expenses if parents promised to delay their daughters marriage until at least age
[Link] to the Bangladesh Child Rights Forum, 47 children were abducted, 154
were murdered, 388 were injured in various forms of violence, 115 were raped, 15
were victims of acid attacks, and 394 others were missing.
 BNWLA rescued 232 trafficking victims from within the country and repatriated 545
others during the year. The actual number of persons arrested for trafficking was
difficult to assess, as charges against traffickers were sometimes for lesser crimes,
such as crossing borders without proper documents. According to the Centre for
Women and Child Services, most trafficked boys were younger than 10 years of age,
while most trafficked girls were between 11 and 16 years of age.

Child labor remained a problem in certain industries; it frequently resulted in the

abuse of children, mainly through mistreatment by employers during domestic
service, and occasionally included servitude and trafficking for commercial sexual
exploitation abroad. According to a 2006 study by the Bangladesh Institute of Labor
Studies, attacks on children constituted more than 50 percent of the deaths, injuries,
and sexual assaults reported among domestic workers during the year.

As many as 10,000 children were used in brothels for commercial sexual exploitation,
and procurers of minors were rarely prosecuted.

Since 2005 a cooperative effort among NGOs, the government, and the UAE resulted
in the repatriation of 199 camel jockeys, 198 of whom were reunited with their
biological parents. Authorities from the government and the NGO community
continued to monitor the repatriation, rehabilitation, and social integration of the
former camel jockeys.

Police and security forces torture and deaths in custody

The security forces, including army and paramilitary units deployed under emergency rule
with the police, committed human rights violations with impunity, including torture and other
ill-treatment and alleged extrajudicial executions. The police force was inadequately trained
and equipped and lacked effective accountability and oversight mechanisms. Army personnel
accused of human rights violations remained almost entirely outside the purview of civilian
judicial accountability mechanisms.

Rang Lai Mro, a community leader in the Chittagong Hill Tracts, was arrested on 23
February and allegedly tortured by army personnel. He required hospital treatment for
his injuries. He was charged with possession of arms and reportedly sentenced to 10
 years imprisonment. In October he was reportedly taken back into police custody,
beaten again, and once more needed hospital treatment. There was no reported
investigation into the torture allegations.

Sahebullah was reportedly detained on 16 May by Rapid Action Battalion (RAB)

personnel and tortured in the office of the director of the Rajshahi Medical College
Hospital. Both his legs were reportedly broken. He was arrested after demanding that
a doctor attend to his wife, who had not been treated for 12 hours. She died the next
day.

Law enforcement agencies were implicated in the deaths of more than 100 people in
custody. No action was apparently taken to bring those responsible to justice.

Garo indigenous leader Cholesh Richil died on 18 May while in the custody of Joint
Forces (army and police) personnel. There were strong indications that he died under
torture. Three other members of the Garo community Tohin Hadima, Piren Simsung
and Protap Jambila were arrested at the same time and reportedly tortured. The
government set up a judicial inquiry into Cholesh Richils death, but there was no
news about it by the years end.(amnesty int.)

In the year 2005 from 1st January to 30th December, 396 people were killed in whole
country in the hand of law enforcement agencies. Of them, 111 people were killed by
Rapid Action Battalion (RAB), 258 people were killed while they were in police
custody, 4 people were killed by Cheetah and Cobra (special police forces) and 23
people by other forces. It is important to note that, among the 396, who were killed by
law enforcement agencies, as many as 107 were killed in the crossfire of RAB, 212
people were killed in the crossfire of police and 4 were killed in the crossfire of
Cheetah and Cobra and 17 were killed by other forces, this means as many as 340
people were killed by cease fire.

Four detained border guards have died in Bangladesh in the past two weeks in
[Link] international has called on the countrys authorities to institute an
independent, impartial and competent body to investigate the deaths. The four
members of Bangladesh Rifles (BDR) were among hundreds of detained BDR
personnel interrogated on suspicion of involvement in the killing of more than 70
 people, including at least 55 army officers, during a two-day BDR mutiny in
February.

On April 13, 2008 according to Odhikar, police arrested Fakir Chan in Maulvibazar
on charges of mugging. Chans wife claimed that she did not have access to her
husband while he was in custody and that a police officer told her that her husband
would be released if she paid a 50,000 taka ($735) bribe. On April 19, police alleged
that Chan fell ill and died while in custody.

Arbitrary Arrest or Detention

According to media reports, officials stated that over 440,000 people were arrested on various
grounds during the year. Many detainees were detained arbitrarily, initially held under
emergency rules, then served with a detention order under the 1974 Special Powers Act
(SPA). Some were then charged with politically motivated criminal offences.

Some people held under emergency rules were accused of extortion or other criminal
activity. Detainees included over 160 politicians from the main political parties, as well as
some wealthy business people. A number of detainees held without trial under emergency
regulations or the SPA were reportedly tortured or ill-treated.

Shahidul Islam, a human rights activist, was charged with murder on the basis of a
confession by another detainee, Badrul, in February. This charge blocked the release
of Shahidul Islam when his detention order under the SPA expired in late February.

Following clashes in August between law enforcement agencies and students in

Dhaka and Rajshahi demanding an end to the state of emergency, 10 university
lecturers from Dhaka and Rajshahi universities were detained. They were prisoners of
conscience. Dozens of students were also arrested, accused of involvement in clashes.
The six Rajshahi University lecturers were released in December but the four Dhaka
University lecturers remained in detention.(amn. int)

Denial of Fair Public Trial

The law provides for an independent judiciary; however, in practice a longstanding temporary
provision of the constitution placed the executive in charge of the lower courts, judicial
appointments, and compensation for judicial officials. In November 2007 the caretaker
government implemented legislation the previous government had developed separating the
judiciary from the executive.

The court system has two levels: the lower courts and the Supreme Court. Both hear civil and
criminal cases. After the separation of the judiciary from the executive, the government
appointed judicial magistrates to replace the executive magistrates who had presided over the
lower courts. The Supreme Court is divided into two divisions, the High Court and the
Appellate Division. The High Court Division hears original cases mostly dealing with
constitutional issues, and reviews cases from the lower courts. The Appellate Division hears
appeals of judgments, decrees, orders, or sentences of the High Court. Rulings of the
Appellate Division are binding on all other courts.

The EPR authorized the government to create special speedy anticorruption courts to
adjudicate cases prosecuted by the Anticorruption Commission (ACC). Sentences from these
tribunals could also be appealed to the High Court.

In 2005 a High Court panel rendered unconstitutional an amendment to the constitution that
legitimized martial law in the 1980s. The prime ministers office arranged for a stay, still in
effect at years end, of the ruling because of its ramifications for the legacy of former
president Ziaur Rahman, the late husband of the then prime minister.

Trial Procedures

The law provides accused persons with the right to be represented by counsel, to review
accusatory material, to call or question witnesses, and to appeal verdicts. Cases are decided
by judges rather than juries, and trials are public. In practice a public defender is rarely
provided to defendants. Defendants are presumed innocent, have the right to appeal, the right
to be present and to see the governments evidence.

Corruption and a substantial backlog of cases hindered the court system, and trials were
typically marked by extended continuances, effectively preventing many from obtaining a
fair trial due to witness tampering, victim intimidation, and missing evidence. Human rights
observers contended that magistrates, attorneys, and court officials demanded bribes from
defendants in a majority of the cases filed under the Special Powers Act.
Alternative dispute resolution for civil cases allows citizens to present their cases for
mediation. According to government sources, wider use of mediation in civil cases quickened
the administration of justice, but there was no assessment of its fairness or impartiality. The
Muslim Family Ordinance codifies traditional Islamic law concerning inheritance, marriage,
and divorce for registered marriages for members of the Muslim community. There were
similar sets of laws in place for the Hindu and Christian communities.

Role of the Police and Security Apparatus

Police are organized nationally under the Ministry of Home Affairs (MOHA) and have a
mandate to maintain internal security and law and order. Under recent governments, police
were generally ineffective and reluctant to investigate persons affiliated with the ruling party.
After the declaration of a state of emergency, the government formed the Joint Forces,
composed of police, the RAB, the military, and other security agencies, and gave the special
new teams responsibility for enforcing the state of emergency. The DGFI, a military
intelligence agency, assumed the lead in enforcing the state of emergency by investigating
corruption charges and interrogating suspects.

The RAB received human rights training through the UN Development Program; the UK
government; and a local NGO, BSEHR. Although the RAB continued to commit serious
human rights violations, the number of incidents involving the RAB dropped from the
previous year.

The government took steps to address widespread police corruption and a severe lack of
training and discipline. The Inspector General of Police continued to implement a new
strategy, partially funded by international donors, for training police, addressing corruption,
and creating a more responsive police force.

Political condition

political instability often caused of human rights [Link] 2006 world people saw the
divastating political violation of logi-boitha which killed at least 9 people.2006, a total 310
people were killed, 8997 people were injured, 1216 people were arrested, and 93 people were
kidnapped in connection to human rights violation related with politics. Among them in hill
tracts 25 people were killed, 71 people were injured, 81 people were kidnapped, 2 were
rapped, and 35 people were arrested as a result of human rights violation.

Political prisoners

By years end the ACC and the public prosecutor prosecuted 228 cases against high-ranking
political officials, ranging from extortion and money laundering to murder. Although the
government claimed these were legitimate charges, some were considered politically
motivated.

In connection with this, the 2007 cases against Law Minister Moudud Ahmed remained
pending at years end, although on September 9, the High Court released him on bail. Former
Communications Minister Anwar Hossain Manju was convicted and sentenced in absentia to
13 years in jail and fined 100,000 taka ($14,500) after he left the country.

The trial against journalist Salah Uddin Shoaib Choudhury, detained for his attempted 2003
travel to Israel, began in June. While the case remained ongoing, the government allowed
Choudhury to travel abroad.

Elections and Political Participation

Khaleda Zia, leader of the BNP, stepped down as prime minister in 2006. She had become
prime minister following parliamentary elections in 2001, which international and domestic
observers deemed free and fair. The 2001 elections, supervised by a nonparty caretaker
government, took place in a climate of sporadic violence and isolated irregularities. The BNP
formed a four-party coalition government with the Jamaat-e-Islami, Bangladesh Jatiya Party,
and the Islami Oikko Jote; however, the BNP and the opposition AL dominated the political
scene. At years end Zia and former Prime Minister Sheikh Hasina Wazed of the AL had been
released from prison but each was still facing corruption charges. In an address to the nation
on September 20, Chief Adviser Fakhruddin Ahmed announced that the next national
parliamentary elections would be held on December 18 and the upazila (sub-district)
elections would be held on December 24 and 28. On November 2, the Chief Elections
Commissioner amended the schedule by declaring that upazila elections would only be held
on December 28. On December 3, in a compromise move, the EC agreed to hold national
elections on December 29 and upazila elections on January 22, 2009.
Seven women were directly elected to the last parliament. Three women had the status of
minister: Khaleda Zia, her sister (since deceased, she was the Minister for Women and
Childrens Affairs) and Sheikh Hasina. Sheikh Hasina, as the leader of the opposition party,
enjoyed the status of a cabinet minister. Three of the 67 judges of the Supreme Court were
women

Bomb attacks

Serious bomb attacks in 63 districts of the country on August 17, killing of two judges, and
death of policemen and lawyers in bomb attacks on courts in Gazipur and Chittagong were
also the major incidents. Sixty-two people were killed and 983 were injured in bomb and
grenade attack last year. Among them, 30 were killed and 347 were injured in the attacks of
religious extremists alone. During this time, some 881 suspects were arrested for their alleged
involvement in grenade and bomb attacks across the country.

Disability Rights Bangladesh

A new forum under the banner of Disability Rights Watch Group was launched march 06,
2009 to monitor the present condition of the people with disability and help implement the
CRPD (UN Convention on the Rights of Persons with Disabilities) in the country.

The forum was launched formally at the initiative of the National Forum of
Organisations Working with the Disabled (NFOWD) at the National Press Club in the
city.

Forum Chairman Khandaker Jahurul Alam chaired the launching ceremony.

He said, There are 16 lakh children with disabilities in the country who are now
waiting for going to school, but we do not have the capacity, he said.

AIDS and homosexuality in Bangladesh

Reported cases of HIV/AIDS are growing at an alarming extent, with over a million AIDS
sufferers in Bangladesh. Whilst this rise of AIDS is not confined to Bangladesh in particular,
the government is doing nothing to prevent the spread of AIDS and is not prosecuting police
who rape homosexual men.
Homosexual acts remained illegal; in practice the law is rarely invoked.

There were some informal support networks for homosexual men, but organizations to assist
lesbians were rare.

Attacks on homosexuals were known to occur but difficult to track because victims desired
confidentiality; there was a social stigma surrounding homosexuality; and local human rights
groups did not monitor the problem. There were few studies on homosexuality in the country.
There were no reported cases of violence or discrimination against HIV/AIDS patients.
NGOs believed this was partly a function of the refusal of victims to self-identify and an
absence of research given the relatively low rate of HIV/AIDS in the country.

Prohibition of Child Labor and Minimum Age for Employment

The BLA regulates child employment depending on the type of work and the childs age.
Because of widespread poverty many children began to work at a young age.

In 2006 the International Labor Organization (ILO) released a 2005 Baseline Survey
for Determining Hazardous Child Labor Sectors, which estimated that of the 2.2
million workers in 45 targeted hazardous sectors, 532,000 child workers age five to
17 did hazardous labor. According to the survey, no children worked in ship breaking,
manufacture of cigarettes, manufacture of pesticides, or fireworks manufacture during
the survey period.

According to the study, child labor prevailed in hazardous establishments such as saw
milling, battery recharging, welding, metal works, and carpentry. In addition, the
report concluded that children were verbally and physically abused.

Acceptable Conditions of Work

The National Minimum Wage Board (NMWB) announced a new national minimum wage in
2007 for all economic sectors not covered by industry-specific wages at 1,800 taka a month
($26.50).

Given the low standard for minimum wages and high inflation, worker advocacy
groups stated that none of the set minimum wages were sufficient for a decent
 standard of living. The NMWB convenes every five years in a tripartite forum to set
wages and benefits industry by industry, using a skill-level range.

In the garment industry, wages were sometimes higher than the minimum required
wages, due to skilled labor shortages. Wages in the EPZs were considerably higher
than general national wage levels. It was also common practice for garment factories
to force workers to work overtime, delay their pay, and deny full leave benefits.A
standard work week is 48 hours but can be extended up to 60 hours, subject to the
payment of overtime allowances. However, annually the average weekly working
hours should not exceed 56 hours.

Workers must get one hour of rest if they work for more than six hours a day, one-half
hour of rest if the worker needs to work more than five hours a day, and one hours
rest at intervals for more than eight hours work in a day. Factory workers receive one
day off every week. Shopworkers receive one and one-half days off per week

The Right to Organize and Bargain Collectively

The law protects the rights of workers to organize and bargain collectively without
interference, but that right was not always effectively enforced. The BLA includes provisions
protecting unions from employer interference in organizing activities. Implementation of
these provisions was uneven, and many private sector employers discouraged union activity.
Some employers fired workers suspected of organizing or sympathizing with unions, placed
informants in work areas, and intimidated workers with threats of violence.

The Director of Labor ruled on union-organizing discrimination complaints outside the EPZs.
Throughout the year the labor court ordered reinstatement of workers who had been fired for
union activities, but a large backlog of unresolved cases remained. Most workers in such
cases, however, sought financial compensation rather than reinstatement. Of the 329 cases
lodged during the year, only 10 to 15 sought reinstatement with the employer. Increasingly,
labor disputes were settled informally prior to scheduled hearing dates in the labor court.

Societal Abuses and Discrimination

Discrimination against Ahmadiyyas, Hindus, and Christians occurred during the year.
However, there were no demonstrations by anti-Ahmadiyya groups during the year.
On March 15 and March 21, the Special Branch of police in Brahmanbaria prevented groups
of Ahamadiyyas from holding a religious convention. Due to intervention by officials at
senior levels of the home ministry, both conventions were held.

There were reports of attacks on members of minority communities, although many of these
reports could not be independently verified and motives for such attackscriminal, political,
or religiouscould not be ascertained.

On April 2, according to ASK, RAB officers and police severely beat Biman Chandra Bosak,
vice president of Joypurhat District Bar Association, at his village. According to ASK, the
attack on Bosak occurred after he filed a case against a Muslim neighbor who tried to seize
land dedicated to a Hindu deity.

On April 12, according to Christian Life Bangladesh (CLB), members of an Islamist group
attacked two Christian men at Rangunia as they were showing a film to build community
awareness about arsenic pollution, child marriage, and other social problems.

In contrast to previous years, there were no reports of the military attempting to evict 120
Hindu families from land in the Mirpur area of Dhaka abutting the military cantonment. The
eviction, based on a 1961 land purchase agreement by the military, was challenged legally,
and the case was pending at years end.

Condition of refugee Problem

The, Bangladesh has become the unwitting victim of a massive human rights violation
campaign in Burma (Myanmar). Thousands of Muslim refugees, perhaps more than 200,000
(the Muslim population of Burma is up to 16%), have been driven over the border through
persecution and oppression, both at the local level and by the army, which claims to be trying
to suppress all insurgency movements along the border. The refugees complain of killings,
forced labour, forced destruction of their own homes and mosques, land confiscation, rape
and various forms of torture.

Bangladesh government has attempted to negotiate with Burma for the return of the
refugees and has submitted lists of over 35,000 names, as requested by the Burmese
authorities as a condition for return. Working with UNHCR, the government provided
temporary protection to approximately 28,000 registered Rohingya refugees at two
 official refugee camps and to individual asylum seekers whom UNHCR interviewed
and recognized as refugees on a case-by-case basis. According to international aid
organizations active in the area, there were 200,000 to 500,000 Rohingyas not
officially recognized as refugees living among the local population in the surrounding
area of Teknaf and Coxs Bazaar, including approximately 10,000 at an unofficial site.
There were no repatriations of Rohingyas.

After the peace treaty more and less 65000 indigenous refugee backed from India but
they have a problem of proper rehabitation.

Bihari problem also seemed a common refugee problem for Bangladesh though they
included in the recent voter list in 2008. On May 18,2008 the High Court ruled that
Biharis living in the country were citizens. Approximately 160,000-200,000 non-
Bengali Bihari Muslims who immigrated to the former East Pakistan during the 1947
partition and who supported Pakistan during the 1971 war continued to live in camps
throughout the country. According to Refugees International, many of these persons
lived in unsanitary conditions with little access to education and medical resources.
Some Biharis declined citizenship in 1972, and a minority was awaiting repatriation
to Pakistan, where the government was reluctant to accept them. Many of the stranded
Biharis born after 1971 assimilated into the mainstream Bengali-speaking
environment.

In September 2007 the Election Commission (EC) announced it would permit Biharis
who meet citizenship requirements to register to vote in the December 2008 elections.
Approximately 80 percent of all adult Biharis, or 184,000, were subsequently
registered

Human rights defenders

As in previous years, human rights defenders were subjected to arbitrary detention and
torture. Lawyers were allegedly threatened with arrest on corruption charges if they took up
high-profile cases.
 Prisoner of conscience Tasneem Khalil, a journalist who worked with the Daily Star
newspaper, CNN and Human Rights Watch, was detained on 11 May and reportedly
tortured because he had supplied information on human rights violations.

Prisoner of conscience Jahangir Alam Akash, journalist and local head of two human
rights organizations, was arrested on 24 October by RAB agents in the north-western
city of Rajshahi.

Authorities did not investigate the January 2007 torture of Shahidul Islam, director of
the NGO Uttaran, or the June 2007 torture cases of Mohammad Jamal Uddin and
Mohammad Kajol.

Health and human rights

This paper broadly discusses the role of State in the context of human rights and the health
system of Bangladesh. Section I conceptualizes the interrelation between human rights,
health and development. Section II analyses the health system development in Bangladesh.
Section III discusses how the health system development has not succeeded in progressive
realization of health aspect of human rights and further contribution to under-development of
Bangladesh. It also gives directions on what should be the government priority to uplift
health rights in the context of Bangladesh.

The constitution of World Health Organization (WHO) focused upon relationships between
health and human rights. It stated that the enjoyment of the highest attainable standard of
health is one of the fundamental rights of every human being without distinction of race,
religion, political belief, social and economic condition The Declaration of Alma-Ata of
health for all in 1978 and the Ottawa Charter for Health Promotion in 1986 further
embraced the need for social and economic inputs to improve the health of the population.
The Universal Declaration of Human Rights (UDHR) of 1948 and the International Covenant
on Economic, Social and Cultural Rights (ICESCR) in 1966 further enunciate the
appropriateness of health and human rights for the well being of individuals and the family
So there is profound affiliation between human rights and health.

Disappearance
Disappearances and kidnappings remained problems during the year. According to
Bangladesh Society for the Enforcement of Human Rights (BSEHR), 504 persons were
kidnapped during the year. An indeterminate number of these kidnappings were politically
motivated.

Arbitrary Interference with Privacy, Family, Home, or Correspondence

The law allows intelligence and law enforcement agencies to monitor private
communications with the permission of the chief executive of the MOHA. The ordinance also
gives the government, in the interest of national security, the authority to prevent telephone
operators from delivering messages. The EPR strengthened the ability of the government to
monitor communications, including telephones, cell phones, text messages and e-mail. In
case of national emergency, the government can revoke any permit to provide
communications services without providing compensation to the holder of the license, and in
2007 the government ordered cell phone providers to shut down service intermittently.
According to media reports, the government established a national monitoring center made
up of representatives from law enforcement and intelligence agencies to monitor and
coordinate phone taps during the year.

Freedom of Speech and Press

The constitution provides for freedom of speech and press; however, the government used the
EPR to curtail these rights. In September the government approved the Right to Information
Ordinance allowing journalists and the public greater access to information.

Newspaper ownership and content were sometimes subject to direct restriction by the
militarys Inter-Service Public Relations office and DGFI. Journalists reported being
cautioned by DGFI against criticizing the government or the military.

In May editors from several media outlets expressed concern over the increased
pressure on media freedom. According to Nurul Kabir, editor of the English language
newspaper The New Age, an intelligence agency of the armed forces began giving
instructions to editors of newspapers and television channels mandating that certain news
should be published or broadcast and other news should not.
 In September 2007 the Election Commission (EC) announced it would permit Biharis
who meet citizenship requirements to register to vote in the December 2008 elections.
Approximately 80 percent of all adult Biharis, or 184,000, were subsequently
registered

Also in July 2008 the editor of Jai Jai Din was fired because he published a cartoon
critical of Army Chief General Moeen Uddin Ahmed..

Attacks on journalists continued to be a problem. There was an increase in the number

of journalists who were harassed, arrested, and assaulted by security personnel. According to
Odhikar, at least 38 journalists were injured, four were arrested, 25 were assaulted, 30 were
threatened, and six had cases filed against them. According to some journalists and some
human rights NGOs, journalists engaged in self-censorship.

. Tasneem Khalil, former Daily Star journalist and researcher for HRW, continued to
live in exile in Sweden following his May 2007 interrogation and torture by Joint Forces

Attacks on journalists continued to be a problem. There was an increase in the number

of journalists who were harassed, arrested, and assaulted by security personnel. According to
Odhikar, at least 38 journalists were injured, four were arrested, 25 were assaulted, 30 were
threatened, and six had cases filed against them. According to some journalists and some
human rights NGOs, journalists engaged in self-censorship.

On March 28, 2007 according to the Committee to Protect Journalists, plainclothes

police in Durgapur arrested and assaulted Rabiul Islam, reporter for the Daily Sunshine, a
Rajshahi-based newspaper, after he wrote stories implicating the Durgapur police in alleged
corruption cases. The Durgapur police held Rabiul for 12 hours, tortured him, and extracted a
confession from him before finally releasing him.

On March 28, 2008 according to the Committee to Protect Journalists, plainclothes police in
Durgapur arrested and assaulted Rabiul Islam, reporter for the Daily Sunshine, a Rajshahi-
based newspaper, after he wrote stories implicating the Durgapur police in alleged corruption
cases. The Durgapur police held Rabiul for 12 hours, tortured him, and extracted a confession
from him before finally releasing him.

Prison and Detention Center Conditions

The prison system remained abysmal due to overcrowding, inadequate facilities, and the lack
of proper sanitation. Local human rights observers considered these conditions to be
contributing factors to custodial deaths.

According to Odhikar, 66 persons died in prison and 50 persons died in the custody of
police and other security forces during the year. Of the total number who died, three died due
to lack of proper care and 46 died of unnatural causes.

According to the government, the existing prison population as of December 31 was

75,480, or more than 278 percent of its official capacity of 27,146. Of the entire prison
population, approximately one-third of the detainees had been convicted; the rest were either
awaiting trial or detained for investigation.

In 2007 the inspector general of prisons (IGP) took several steps to improve the prison
system, including updating the jail code, reducing corruption and drug trafficking in prisons,
limiting the use of full shackles on prisoners for reasons other than discipline, improving the
quality of food, creating more prisoner

ocational training opportunities and literacy classes, and improving the morale of
prison staff. The government also opened its first jail for women in Gazipur.

Internet Freedom

Although individuals and groups generally could engage in the peaceful expression of views
via the Internet, local human rights organizations reported continued government monitoring
of Internet communications. Reporters without Borders claimed police monitored journalists
e-mail. In addition, journalists and political figures detained by the Joint Forces reported they
were forced to hand over their e-mail logons and passwords

Recently govt. banned you tube service in BD due to the mutiny of BDR.

Freedom of Association

The law provides for the right of every citizen to form associations, subject to reasonable
restrictions in the interest of morality or public order, and the government generally
respected this right. Individuals were free to join private groups.
On September 7, the government relaxed the ban imposed on trade union activities under the
state of emergency in January 2007 and allowed labor rights organizations to conduct
activities on a very limited scale to allow unions to carry out financial and administrative
tasks. For example, the new rules permitted gatherings of no more than 500 and stipulated
that such gatherings must be held indoors and focused solely on labor issues. Neither the ban
nor its subsequent relaxation affected the Export Processing Zone (EPZ) which was covered
under separate legislation, permitting only workers associations. During the year the
number of workers associations increased. The full lifting of the state of emergency on
December 17 enabled trade unions to resume their normal activities.

Freedom of Religion

The constitution establishes Islam as the state religion and also stipulates the right, subject to
law, public order, and morality, to practice the religion of ones choice. The government
generally respected this right in practice. Although the government was secular, religion
shaped the platforms of certain political parties. Discrimination against members of religious
minorities existed at both the governmental and societal levels, and religious minorities were
disadvantaged in practice in such areas as access to government jobs, political office, and
justice.

Sharia (Islamic law) was not implemented formally and not imposed on non-Muslims, but it
played an influential role in civil matters pertaining to the Muslim community. The Muslim
Family Ordinance codifies issues such as inheritance, marriage, and divorce for registered
marriages of members of the Muslim community. A Muslim man may marry as many as four
wives; however, a Muslim man must get his first wifes signed permission before taking an
additional wife. Society strongly discouraged polygamy and it was rarely practiced.

Family laws concerning marriage, divorce, and adoption differed slightly depending on the
religion of the persons involved. Each religion had its set of family laws. Under Hindu law,
unlimited polygamy is permitted, and although there is no provision for divorce or legal
separation, Hindu widows may legally remarry. There were no legal restrictions on marriage
between members of different faiths.
Government protection of Ahmadiyyas continued to improve, although social discrimination
continued. The High Court continued to stay the government ban on publishing Ahmadiyya
literature, effectively allowing Ahmadiyyas to publish.

As in previous years, the government failed to prepare a list of property that the government
expropriated from Hindus following the 1965 India-Pakistan War.

The government allowed foreign missionaries to work in the country, but their right to
proselytize was not explicitly protected by the law. Some missionaries faced problems in
obtaining visas or renewing visas. Some foreign missionaries reported that internal security
forces closely monitored their activities. The government allowed various religions to
establish places of worship, train clergy, travel for religious purposes, and maintain links with
coreligionists abroad. The law permitted citizens to proselytize.

Freedom of Assembly

During 2008 the EPR banned public demonstrations and political gatherings and the
government enforced the ban. There were, however, instances of street demonstrations by
factory workers and political activists without prior notice.

On August 21, Dhaka Metropolitan Police (DMP) banned a planned march by the BNP-led
four-party coalition. The coalition had planned to march to the Chief Advisers office in
Dhaka to demand the release of BNP chairperson and former Prime Minister Khaleda Zia and
her elder son Tarique Rahman.

Justice system

The government took steps to implement the Supreme Courts 1999 ruling requiring
separation of the judiciary from the executive, including amendments to relevant laws. On 1
November the new system came into effect. However, reports indicated that executive
magistrates would retain some judicial powers.

Human trafficking

The law prohibits trafficking in persons; however, trafficking remained a serious

problem affecting men, women, and children. Trafficking in children for immoral or illegal
purposes carries the death penalty or life imprisonment, and the government took measures
for the expeditious prosecution of traffickers. During the year special courts dealing with
incidents of repression against women and children adjudicated 30 cases. Courts convicted 32
persons and ordered life sentences for 22 convicted traffickers.

Trafficked women and children went to India, Pakistan, Bahrain, the United Arab
Emirates, Kuwait, and destinations within the country. Men seeking work abroad as
expatriate labor in countries such as Malaysia and the Middle East occasionally found
themselves in exploitative situations of forced labor, with conditions including restrictions on
movement, threats, and physical assault. Some women and children were trafficked internally
for commercial sexual exploitation. Some children faced forced labor in the fishing industry,
and entire families were subject to bonded labor throughout the country.

The ministries of Foreign Affairs, Expatriate Welfare, and Home Affairs worked closely
with foreign donors to develop an action plan to combat labor trafficking and migration
issues. In 2007 the Foreign Ministry issued new instructions to all consular staff worldwide
on how to handle trafficking cases abroad and introduced training courses for director-level
Foreign Ministry officials in labor trafficking issues. During the year 25 foreign ministry
officials received training to enhance their capacity to protect the victims of human
trafficking. In addition, 12 labor attaches received training on ensuring migrant workers
rights and monitoring the compliance of contractual agreements in destination countries.

Death penalty

At least 90 men and three women were sentenced to death, and at least six men were
executed only in 2008.(amn. int)

National Human Rights Commission sees the light of the day

This year before the Human Rights Day the council of advisers approved the National Human
Rights Commission Ordinance 2007. The cabinet approved the ordinance to set up the long-
awaited National Human Rights Commission (NHRC), which will work like a national
human rights watchdog. This NHRC was in the top priority of the successive political
governments for long, to ensure that any rights violator is brought to justice. This NHRC can
investigate human rights violations but is empowered to only settle issues or refer them to the
court. This ordinance was passed when the state of emergency is going on.

Background
In late 1994 the process of establishing these institutions was initiated. The Institutional
Development of Human rights in Bangladesh (IDHRB) project was formally launched in
1995. The work of drafting a law was continued during 1996-2001 under Awami League
government. Later BNP-led alliance government on December 10, 2001 formed the
committee headed by the law minister to examine the prospect of setting up of the
commission. In an international conference in 2004, the former law minister informed that
difference of opinion among the ministers was delaying the constitution of the institution

After coming to office on January 11, 2007, the present council of advisors pledged to
establish the commission to honour and institute human rights in the country. Foreign
ministry placed a draft to this effect before the council of advisers on September 8. The law,
justice and parliamentary affairs ministry accordingly submitted the revised proposal, which
the council of advisers approved on December 09, 2007.

Bangladesh: Submission to the UN Universal Periodic Review: Fourth session of the

UPR Working Group of the Human Rights Council, February 2009

In this submission, Amnesty International provides information as stipulated in the General

Guidelines for the Preparation of Information under the Universal Periodic Review: Amnesty
International raises concerns over the Caretaker Governments use of emergency regulations
since January 2007 to bypass safeguards against human rights violations. The organization is
also concerned about arbitrary arrest and detention, unfair trials, and impunity for human
rights violations. Amnesty International makes a number of recommendations for action by
the government.

From civil & political rights to social, economic rights and development

The human rights have recognized not only the civil and political rights but also the social,
economic and cultural rights by giving importance to the latter through articulating and
prioritizing rights to health, education, housing, and employment. Moreover, the fundamental
tenet of the human rights is that every individuals dignity should be protected being a
human. This dignity merely means not only political liberty but also a guarantee of economic
subsistence, cultural freedom and the provision of social services .In this context, the
ICESCR deals with the States obligation to create affirmative conditions to facilitate human
[Link] a member of this covenant BD needs concern about it.

State and social rights

The ICSCER gives obligation to the state authority to ensure social rights. In a particular
socio-political, historical, cultural and economic environment; society, social structure,
political process and the power relations try to alleviate human miseries. Moreover, the state
structure can facilitate and guarantee the social human rights to every individual in accessing
to essential levels of social services.

Human Rights are for everyone

Politically motivated statements and multifarious propaganda are spreading misconception

about the oppression and leading the crisis towards a complicated ending instead of towards a
fair solution. Whatever might be the extent of the incidents, it was clear that there was
oppression on the minorities and that should be stopped immediately. All concerned should
also bear in mind that a single instance of act of terrorism is enough to panic the people of a
whole community, at least, psychologically. The Hindu minority has little effective
leadership. Its only response to the situation has been to vote with its feet. The divisive and
conservative approach of the community leaders, in fact, contributes to the growth of mutual
disbelief and hatred.
The mere holding of periodic elections is not the only yardstick of measuring democracy or
health of a society. Religious intolerance can alone destroy the fabric of harmony from the
society. Any society that claims itself as democratic should have no place for communalism.
As a new century begins, each segment of our society needs to ask itself certain questions. Is
it sufficiently inclusive? Is it non-discriminatory? Are its norms of behaviour based on the
principles enshrined in the Universal Declaration of Human Rights? Racism, racial
discrimination, xenophobia and all kinds of related intolerance have not gone away. They
very much persist in the new century and that their persistence is rooted in fear: fear of what
is different, fear of the other, fear of the loss of personal security. And while it is recognized
that human fear is in itself ineradicable, it is also maintained that its consequences are not
ineradicable.
From my own point of view

Human rights condition is not so well because of the role of proper steps against violation of
HR. here are some recommendations

.Advocacy for incorporation and ratification of various international instruments by

the government;

. Documentation and fact-finding of human rights abuses which includes custodial

death, rape, torture, political repression and also repression of women, i.e. death/
torture due to non-payment of dowry, acid throwing etc.;

.Promotion of human rights education and literacy;

. fostering mass awareness on rights and duties;

.Mobilize and network with its members to enhance institutional capabilities of

individual groups, organizations and agencies on human rights issues;

. Campaign and monitor for a free and fair electoral process to ensure voters rights;

.Organizing seminars, workshops and symposiums on various human rights and

related issues and attend such programmes organized by others.

Recycle and reestablished traditional social and religious values.

Conclusion

The Human rights condition of Bangladesh mainly focused by the international

[Link] mainly focused on extra judicial killings,tortuer against women minorities
repression. But there not focused on the traditional religions values. So to improve the
human rights condition of Bangladesh, the religion must plays a vital role which ensured by
the government.