HRW urges Bangladesh govt to act on UN Human Rights' recommendations

Human Rights Watch (HRW) has called on Bangladesh government to address alarming human rights issues raised by member states during the country's Universal Periodic Review (UPR) on 13 November.

These concerns come amidst an ongoing crackdown by Bangladesh's security forces ahead of the 2024 general election.

The UPR, a requirement by the UN Human Rights Council for every member state to undergo a peer review of its human rights records every 4.5 years, highlighted serious abuses by Bangladesh authorities documented by human rights organisations. These abuses include mass arbitrary arrests, enforced disappearances, torture, extrajudicial killings, and widespread repression. 

According to HRW, the Bangladesh government's response to these allegations remains inadequate, with a failure to independently investigate and hold responsible parties accountable. Instead, those complicit in violations are reportedly rewarded. 

"Ongoing mass political arrests, enforced disappearance, extrajudicial killings, and torture of political opponents and critics make the Bangladesh government's commitments to 'protecting human rights for all' meaningless," said Julia Bleckner, senior Asia researcher at Human Rights Watch. 

"The only way for the government to show genuine commitment to human rights is for it to act on its obligations under international law, including by addressing serious security force abuses and putting an immediate end to harassment and abuse of political opponents, critics, and human rights defenders," she adviced.

During the fourth session of the UPR, the Bangladesh delegation dismissed evidence of excessive force during recent electoral violence, stating that "responses from law enforcement agencies were minimal, reasonable, and restrained." The government additionally claimed that there had been no arbitrary detentions and that arrests had been made "without any political consideration," despite mass arbitrary arrests of the political opposition including almost 10,000 opposition members and activists over the last few weeks.

On 14 November, UN experts expressed deep concern over escalating political violence, arrests of opposition leaders, mass arbitrary detentions, excessive force by authorities, internet shutdowns, and allegations of harassment and intimidation.

They said, "As Bangladesh heads towards national elections in early 2024, we are deeply disturbed by the sharp rise in political violence, arrests of senior opposition leaders, mass arbitrary detention of thousands of political activists, use of excessive force by the authorities and internet shutdowns to disrupt protests, and allegations of harassment, intimidation, and unlawful detention of family members as a retaliatory measure."

According to Bangladeshi human rights monitors, security forces have carried out over 600 enforced disappearances since 2009. While some people were later released, produced in court, or killed, nearly 100 people remain missing. Families of victims describe police and other security forces' outright refusal to file complaints or conduct a legitimate investigation, at times even citing "orders from above."

At the review meeting, multiple member states said that the Bangladesh government should ratify the International Convention for the Protection of All Persons from Enforced Disappearance. 

In response, the Bangladesh delegation noted that before becoming party to the convention the government needs to invest in capacity building of "national institutions to carry out the obligations emanating from that."

Human Rights Watch has urged the Bangladesh government to accept support from the UN High Commissioner for Human Rights to establish a specialised mechanism to investigate allegations of enforced disappearances and extrajudicial killings.

As a first step, the Bangladesh government should accept the offer of support from the Office of the United Nations High Commissioner for Human Rights to establish a "specialized mechanism that works closely with victims, families and civil society to investigate allegations of enforced disappearances and extrajudicial killings," Human Rights Watch said.

In its last UPR review in 2018, the Bangladesh Government claimed that it had "responded to the requests of meetings from the … Working Group on Enforced Disappearance." However, five years later, the government still refuses to invite the UN Working Group to visit Bangladesh even though the former UN High Commissioner for Human Rights, Michelle Bachelet, urged Bangladesh to do so to "show a commitment to decisively address this issue."

HRW  further notes that the government should also invite other relevant UN experts—including the Working Group on Arbitrary Detention, the special rapporteur on extrajudicial, summary or arbitrary executions, and the special rapporteur on torture and other cruel, inhuman or degrading treatment, or punishment—to investigate and make appropriate recommendations to ensure justice and accountability.

"Recent allegations of torture in police custody underscore its pervasiveness and the culture of impunity for security forces," Human Rights Watch said noting that such acts have included: beatings; electric shocks; waterboarding; deliberately shooting to maim, including knee-capping; mock executions; and forced nudity. Hundreds of people have become victims of enforced disappearance and extrajudicial killings.

Bangladesh has only had a conviction in one case of torture under its Torture and Custodial Death (Prevention) Act since it was passed a decade ago according to Bangladesh's report to the council. Bangladesh has ignored repeated requests from the UN Committee Against Torture to follow up on its recommendations, as required.

In its national report ahead of the UPR, Bangladesh's fourth, the government claimed that the majority of the terms of the 1997 Peace Accords over protections and autonomy for indigenous people in the Chittagong Hill Tracts have been implemented. However, the Bangladesh military and other branches of law enforcement commit widespread abuses against indigenous people there, including extrajudicial killings, enforced disappearances, sexual violence, and land-grabbing, with little redress. Limits on access to the region and widespread surveillance make it difficult and dangerous to report on human rights abuses there.

The rights body also urged Bangladesh government to allow immediate unfettered access for human rights monitors to the Chattogram Hill Tracts and to invite the UN special rapporteur on the rights of Indigenous Peoples to the area.

Highlights the widespread gender-based violence, HRW said there is limited availability of safe shelter, witness protection, or other support services despite the creation of one-stop crisis units.

"Survivors describe being met with disbelief and intransigence when they go to the police. Women's rights lawyers say that the police often refuse to file a report or simply leave a case in open investigation for years," it added.

In the statement released by Human Rights Watch (HRW), the organisation advised Bangladesh government to follow the recommendations from multiple member states regarding the abolishment of capital punishment introduced for rape.

It emphasised the necessity for addressing the widespread sexual violence against women and girls by implementing guidance from Bangladeshi rights groups. 

Additionally, it recommended the training of police and court officials on sexual and gender-based violence, advocating for a revised definition of rape to include all victims regardless of gender identity or marital status, and the enactment of a long-awaited witness protection law.

HRW noted the murder of labour organiser Shahidul Islam and stressed that this incident exemplifies the government's failure to institute reforms safeguarding workers' rights. The organisation urged urgent labour reforms in line with International Labour Organisation (ILO) Conventions, aiming to curb anti-union tactics by managers and assaults on independent union organisers. 

They specifically called for the ratification of the ILO International Labour Organisation Convention Violence and Harassment (C190) to ensure comprehensive protections against gender-based violence at workplaces.

Regarding the Rohingya refugee crisis, HRW criticised the Bangladesh government's increasingly stringent measures on the refugee population. 

They highlighted the failure to ensure safety in refugee camps, leading hundreds of refugees to embark on perilous boat journeys seeking protection elsewhere. 

The organisation raised concerns over government policies severely restricting refugees' access to education, livelihoods, and movement. 

Amid rising violence by armed groups and criminal gangs within the camps, HRW accused Bangladesh authorities of inadequately providing protection, maintaining security, or prosecuting those responsible. Refugees have reported facing multiple barriers to accessing police, legal, and medical assistance.

Julia Bleckner reiterated HRW's concern over Bangladesh's repeated disregard for recommendations from UN experts to address a pattern of severe abuses.

"The Bangladesh government has repeatedly ignored the clear and tangible pathways laid out by UN experts for the Bangladesh government to remedy a pattern of grave abuses. The UPR should underscore for Bangladesh the reputational cost of its failure to comply with human rights obligations," Bleckner said.