'Human Rights Commission a drain on state coffers'

The National Human Rights Commission (NHRC), which was established 14 years ago to protect the human rights of citizens, is not doing its core work, rather the commission is busy with meetings and seminars, allege rights activists.

According to the National Human Rights Commission Act, the commission can seek reports from the government on its own or on the basis of petitions alleging human rights violations against the government, law enforcement agencies or their members. If the commission makes any recommendation in this regard, it should be implemented and reported to the commission within six months, said rights worker.

But in the last 14 years there is no such precedent except for two incidents.

Human rights activists suggest that the government could strengthen Bangladesh's National Human Rights Commission following India's human rights commission. At the same time, there should be initiatives by the commission officials.

In December 2013, Khadija, a domestic worker, was brutally tortured by her employer in Dhaka's Mirpur area. The Children Charity Bangladesh (CCB) Foundation applied to the Commission on Khadija's behalf as the police did not take the case.

An appeal was made to the National Human Rights Commission seeking appropriate redress in the incident. As the commission did not take any initiative even after 5 years, the CCB filed a writ in the High Court in 2018.

Following a High Court order, the commission recommended to the Ministry of Home Affairs to pay a fine of Tk50,000 to Khadija. After almost 9 years, Khadija received that 50,000 taka in January this year.

The National Human Rights Commission was established in 2008 through an ordinance adopted during the caretaker government. In 2009, it became an autonomous body through the enactment of the National Human Rights Commission Act.

The commission can investigate and recommend remedies for 46 types of human rights violations according to the Commission Act.

he commission played a role in collecting compensation of Tk50,000 from the Ministry of Home Affairs in January this year for domestic worker Khadija and withdrawing the case filed by RAB against Limon in 2011 in the incident of Limon losing his leg after he was shot by Narail RAB – the only two cases, where commission was able to provide redress.

According to the commission data, in 11 years from 2011 to 2021, it received 11,008 complaints, of which 6,239 complaints were resolved while 4,769 remain pending.

From January to August this year, 430 complaints have been received and 261 of those have been settled.

In 2021, there were 498 complaints of which 364 were settled. The commission took 75 cases, of which 45 were disposed of. The rate of resolving cases was a little over 71% while the rights violations included murder, rape, violence against women and family, disappearance, torture and death in custody, extrajudicial killings, complaints against the police, torture of minorities and detention without trial.

Nasima Begum, the outgoing chairman of the commission, told The Business Standard that according to the law, the commission has investigated various incidents and issued letters and recommendations to the concerned agencies. In some cases, victims have been offered monetary compensation, plea bargain settlements and legal aid.

According to the sources informed on the matter, a large chunk of the complaints received by the commission are against the police, RAB and other law enforcement agencies. The law does not give the commission the power to probe them. The commission, in such cases, recommends the authority concerned to take action against the accused through an investigation.

Nasima Begum said, several letters have been sent to the government offices concerned to amend this provision, but no response has been received.

"It is possible to strengthen the commission if it gets the power to investigate against RAB or police," she said.

The commission's tasks and what it is doing:

Supreme Court Lawyer Barrister Abdul Halim, who authored a book researching the NHRC, said the purpose of establishing a human rights commission in any country is to collect immediate compensation and other remedies in case of human rights violations against the poor, oppressed and helpless people and to bring the government institutions under accountability for the protection of human rights.

He said that the establishment of the National Human Rights Commission as a semi-judicial institution is to overcome these obstacles to justice. No formal testimony is required to be presented to the commission and the aggrieved do not need to hire a lawyer. All that is required is to make the complaint of the violation and based on the complaint, the commission will seek an explanation from the government authorities.

"The commission is always saying that 'the commission has no power'. If the commission has no power, then why are we nurturing this commission by spending five-six crores of public money every year?" he asked.

Human Rights Commission of India and Bangladesh:

Barrister Abdul Halim said, the Indian Human Rights Commission, in the last 26 years, has recommended compensation of more than INR 150 crore to the victims for some 10,000 violations against the government agencies and ensured the recovery of the compensation.

In September 2020, the Indian commission recommended a compensation of over 45 lakhs. Despite having powers equal to and in some cases greater than the Bangladesh commission in law, no such precedent is seen in our commission. The lawyer said in the last 14 years, he has recommended compensation in only one case so far.

Baseless excuses:

Nur Khan, executive director, Ain o Salish Kendra (ASK) said the commission is not taking proper inquiry or action against the government or the law enforcement agencies when allegations are against them.

He said that the manner of settling human rights violations complaints against law enforcement agencies is also questionable.

"Without receiving a response from the government, the commission issues one letter after another. In some cases, the government did not respond even after three years. On the other hand, the Indian commission seeks the report within a prescribed date and if it is not satisfied with the report, it issues a show cause notice as to why temporary relief should not be granted to the victims or their family," he said.

"What is the fear of the commission? The Commission will win legal battles in favour of human rights. In this regard, they should monitor the activities of the Human Rights Commission of India," he added.

Law Minister Anisul Haque said, "The government is working to make this organisation stronger."