Establishing the UN Human Rights Council Office in Dhaka: A catalyst for restoring democracy and human rights

The Human Rights Council at the United Nations in Geneva, Switzerland. Photo: Reuters

The establishment of a United Nations Human Rights Council (UNHRC) office in Dhaka marks a pivotal moment in Bangladesh's struggle for human rights and democratic governance. Announced by Adviser Sharmeen Murshid, this initiative comes at a critical juncture, when the nation is grappling with profound human rights challenges, including a history marked by enforced disappearances, extrajudicial killings, and widespread suppression of dissent.

For years, the National Human Rights Commission (NHRC) has faced severe criticism, often dismissed as ineffective and marred by political influence and corruption. This backdrop of disillusionment raises vital questions about the potential impact and authority of the UNHRC office.

As global attention increasingly focuses on human rights, Bangladesh finds itself at a crossroads. The UNHRC office could offer a vital framework for accountability and reform, presenting an opportunity to rebuild public trust in institutions meant to safeguard fundamental freedoms. However, its success will hinge on its independence, the integrity of its personnel, and the clarity of its mandate.

This development is more than symbolic; it reflects a collective aspiration for justice and democratic values. It holds the promise of hope—not just for victims of human rights violations, but for a generation yearning for the rule of law.

If implemented effectively, the establishment of the UNHRC office could signify a new dawn for human rights in Bangladesh, a chance to create a society where dignity, justice, and equality are not just aspirational ideals but lived realities for all.

A troubling legacy: The National Human Rights Commission (NHRC)

Bangladesh's National Human Rights Commission (NHRC) has faced considerable scepticism and criticism over the years, often characterised as a "failed organisation." Allegations of political interference, corruption in its appointment processes, and a lack of clearly defined objectives have severely compromised its credibility. 

Bangladesh's National Human Rights Commission (NHRC) has faced considerable scepticism and criticism over the years, often characterised as a "failed organisation." Allegations of political interference, corruption in its appointment processes, and a lack of clearly defined objectives have severely compromised its credibility.

Consequently, the NHRC has been largely ineffective in addressing grave human rights violations, including enforced disappearances, extrajudicial killings, violence against women and the suppression of free speech. 

The NHRC's inability to fulfil its mandate is evident in numerous cases where victims of human rights abuses have sought justice but found no recourse. For example, the ongoing issue of enforced disappearances during the previous regime in Bangladesh has reached alarming levels, with human rights organisations documenting hundreds of cases over the past decade. 

Victims' families often face intimidation, further complicating their quest for justice. The NHRC's failure to investigate these cases adequately has led many to perceive it as an ineffective institution.

Scope of powers: Ceremonial or effective?

A central question surrounding the UNHRC office pertains to its scope of powers. Will this office have the authority to investigate human rights violations, issue recommendations, and hold the government accountable? 

To be genuinely effective, the office must operate independently, free from the political constraints that have historically hampered the NHRC's effectiveness. This includes the authority to conduct thorough investigations and public inquiries without fear of reprisals.

The operational framework of the UNHRC must mirror that of the Office of the UN High Commissioner for Human Rights (OHCHR), which has engaged with various national governments and entities to intervene in situations where human rights are at risk. 

For instance, in Colombia, the OHCHR has been instrumental in monitoring the peace process and ensuring that human rights remain central to post-conflict reconstruction.

Similarly, in Tunisia, the OHCHR has supported efforts to strengthen democratic institutions following the Arab Spring. These examples illustrate that when empowered effectively, OHCHR offices can transform human rights landscapes by engaging with local stakeholders and holding governments accountable.

Focus areas and goals

For the UNHRC office in Dhaka to make a tangible impact, it must establish clear and actionable goals. Immediate priorities should include addressing enforced disappearances, curbing police brutality, and ensuring freedom of expression. These issues are particularly pressing given the current climate of fear surrounding dissent in Bangladesh.

The office should also focus on long-term objectives, such as strengthening the NHRC itself and creating a comprehensive framework for accountability and justice. 

A strategic partnership between the UNHRC office and the NHRC could facilitate this reform process, offering guidance and expertise while promoting transparency and integrity in operations.

One vital aspect is to prioritise the protection of journalists and activists. In recent years, Bangladesh has witnessed a worrying trend of attacks on media personnel and civil society activists. Ensuring their safety and freedom to operate is essential for a vibrant democratic society. 

The UNHRC office could play a pivotal role in advocating for legal protections for journalists and supporting initiatives aimed at fostering a free press.

Empowering marginalised groups

A critical aspect of the UNHRC's mission should involve prioritising the empowerment of marginalised groups. Women, and ethnic minorities in Bangladesh often face disproportionate levels of human rights violations. 

The UNHRC office should adopt a holistic approach that encompasses various dimensions of human rights, ensuring that its efforts resonate with the needs of these vulnerable communities.

Engaging with local human rights defenders and civil society representatives will be vital in this regard. Their insights can help bridge the gap between the office's operations and the realities faced by marginalised populations, ensuring that the UNHRC's efforts are aligned with the needs of the communities it aims to serve. 

For instance, programs aimed at enhancing the visibility and rights of women in rural areas could significantly impact their empowerment and access to justice.

Moreover, fostering partnerships with local NGOs and community organisations can enhance the office's outreach and effectiveness. By working with established local entities, the UNHRC office can better understand the specific challenges faced by marginalised groups and tailor its interventions accordingly.

The appointment process

The credibility of the UNHRC office will hinge significantly on the qualifications and integrity of its personnel. The appointment process for staff should prioritise expertise in human rights law and a profound understanding of local issues, alongside an unwavering commitment to impartiality. Transparency in appointments will be crucial to avoid replicating the failures that have plagued the NHRC.

Involving local human rights defenders and civil society representatives in the selection process can enhance the credibility of the UNHRC office. 

Their participation will ensure that the office is staffed with individuals who not only possess the requisite skills but also have a genuine understanding of the challenges facing Bangladesh. This collaborative approach can foster trust and promote a sense of ownership among local stakeholders.

Moreover, the UNHRC office should implement regular training and capacity-building programs for its staff. Continuous education on human rights law, conflict resolution, and cultural sensitivity will empower personnel to navigate complex situations effectively. 

Such initiatives can enhance the office's responsiveness and adaptability to the evolving human rights landscape in Bangladesh.

The role of the UNHRC office in restoring democracy

The establishment of the UNHRC office has the potential to play a pivotal role in restoring democratic norms in Bangladesh. Human rights and democracy are inextricably linked; the violation of one often leads to the erosion of the other. 

By actively monitoring human rights abuses and advocating for accountability, the UNHRC office can contribute to creating an environment where democratic principles can flourish.

The UNHRC office can facilitate dialogue between the government and civil society, fostering a culture of respect for human rights that is essential for a healthy democracy. This dialogue can pave the way for legislative reforms and the establishment of mechanisms to hold perpetrators of human rights violations accountable.

For instance, the UNHRC office can advocate for the repeal of repressive laws that infringe upon freedom of speech and assembly. By engaging with lawmakers and civil society, it can promote legislation that strengthens democratic governance and protects fundamental rights. 

The dialogue initiated by the UNHRC office could lead to the establishment of a more open political environment, enabling citizens to engage actively in the democratic process.

Furthermore, the office can play a crucial role in promoting electoral integrity. Given the contentious nature of elections in Bangladesh, the UNHRC office should monitor electoral processes, ensuring that they are conducted fairly and transparently. 

By working closely with the Election Commission and civil society organisations, the office can help restore public confidence in the electoral system.

Comparative lessons from other nations

The experiences of other nations can provide valuable insights into the potential role of the UNHRC office in Bangladesh. 

In South Africa, for instance, the Truth and Reconciliation Commission (TRC) played a pivotal role in addressing human rights violations committed during the apartheid era. By facilitating dialogue and promoting accountability, the TRC contributed to healing the nation and fostering democratic governance.

Similarly, in Argentina, the establishment of the National Commission on the Disappearance of Persons led to significant strides in addressing past human rights abuses. By documenting cases of forced disappearances and holding perpetrators accountable, these initiatives not only sought justice for victims but also reinforced democratic institutions.

These examples demonstrate that proactive engagement with local communities and a commitment to accountability can yield positive outcomes in restoring human rights and democracy. 

The establishment of a UN Human Rights Council office in Dhaka presents a vital opportunity for Bangladesh to address its human rights challenges and move toward a more equitable society. However, for this initiative to succeed, it must overcome the historical pitfalls that have plagued domestic institutions. Empowering the office with adequate authority, ensuring transparent appointments, and establishing clear goals will be essential.

Kollol Kibria. Sketch: TBS

Kollol Kibria is an advocate, human rights activist, and political analyst. He can be reached out at: [email protected]