Human rights in Bangladesh
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Human rights in Bangladesh are enshrined as
In 2022, Freedom House rated Bangladesh’s human rights at 37 out 100 (partly free).[1]
Overview
Reforms were proposed in 2017 and included strengthening
Even though Bangladesh has
According to Dr. Mizanur Rahman, the former chairman of the National Human Rights Commission, 70% of allegations of human rights violations are against law enforcement agencies (2015).
According to Professor M Nazrul Islam Tamiji, the chairman of National Human Rights Society Bangladesh, we can ensure human rights through the speed of liberation war 1971.
Citizenship and minority rights
Non-Bengalis
Non-Bengali minorities are often culturally and politically discriminated in the country. Article 23A of the constitution goes on to describe minorities as "tribes" and "minor races",
Refugees
The substantial
Bangladesh has been criticized for the poor living conditions in which over
Bangladesh has not signed the 1951 Convention Relating to the Status of Refugees.
Persecution of non-Muslims
List of massacre targeted at Hindus and Buddhists minorities, mainly by the radical Islamist:
- 1946 Noakhali riots
- 1971 Bangladesh genocide of Hindus and Buddhist
- 1989 Bangladesh pogroms
- 1990 Bangladesh anti-Hindu violence
- 1992 Bangladesh violence
- 2012 Chirirbandar violence
- 2012 Fatehpur violence
- 2012 Hathazari violence
- 2012 Ramu violence
- 2013 Bangladesh Anti-Hindu violence
- 2014 Bangladesh anti-Hindu violence
- 2016 Nasirnagar Violence
- 2021 Bangladesh Communal Violence
- Persecution of Hindus in Bangladesh
- Persecution of Buddhists in Bangladesh
- Persecution of Christians in Bangladesh
- Persecution of atheists and secularists in Bangladesh
Persecution of minority Muslims
Different denominational minority Muslim groups are often targeted by the dominant
Labour rights
The constitution's proclamation of a
Bangladesh ranked 128th out of 178 countries in the 2017 Index of Economic Freedom.[25]
In spite of Article 38
Forced labours
Forced labor is prohibited under Article 34,[28] but Bangladesh has significant challenges of human trafficking and modern slavery.[29] Child labour is common in the country, with 4.7 million children aged 5 to 14 in the work force.[30] 93% of child labourers are employed in the informal sector such as small factories and workshops, on the street, in home-based businesses and domestic employment.[31] In 2006, Bangladesh passed a Labor Law setting the minimum legal age for employment as 14.[32]
Freedom of speech
Free speech is enshrined under Article 39.
According to Amnesty International, independent media outlets and journalists have come under severe pressure by the government. Several journalists faced arbitrary criminal charges, often for publishing criticism of Prime Minister Sheikh Hasina, her family or the Awami League Government. Journalists reported increased threats from governmental officials or security agencies. The government continued to use a range of repressive laws to restrict the right to freedom of expression extensively. It increasingly used the Information and Communications Technology Act which arbitrarily restricted online expression. The human rights organization Odhikar reported increased arrests under the Act. Journalists, activists, and others were targeted. Dilip Roy, a student activist, was detained for criticizing the Prime Minister on Facebook, but later released on bail. Parliament adopted the Foreign Donations (Voluntary Activities) Regulation Act which significantly increased government control over the work of NGOs and threatened them with deregistration for making “inimical” or “derogatory” remarks against the Constitution or constitutional bodies. Several other bills that threatened freedom of expression were proposed in parliament, including the Digital Security Act and the Liberation War Denial Crimes Act.[37]
The government has also been slow to investigate
On 20 June 2020, a 15-year-old child was arrested by Bangladeshi authority for criticizing Prime Minister
Article 11 proclaims that "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".[40] The government enacted the anti-torture law, called Torture and Custodial Death (Prevention) Act, in 2013. However, torture is widely used by Bangladeshi security forces, including the police, paramilitary and military.[41] In 2017, the police asked the prime minister to scrap the anti-torture law.[42]
Although there is general freedom of assembly[26] in Bangladesh, the political opposition is often restricted from holding public meetings and rallies by the government.
On 3 January 2019, Human Rights Watch called for an investigation on attack on members of the opposition party on and before Bangladesh elections.[43]
Democracy
Elections
In 2011, the Awami League-led parliament abolished the caretaker government of Bangladesh, which was intended to act as a neutral guarantor during general elections. The opposition Bangladesh Nationalist Party maintains that free and fair elections are not possible under the incumbent Awami League government, particularly after the League amended the constitution to have a sitting parliament while elections take place, in contradiction of Westminster norms.[44]
In 2015, local government elections were marred by allegations of vote rigging and intimidation of voters and the media.[27] Opposition parties have demanded a neutral interim government during the election period. In response, the government has proposed to restrict its political activities while organizing and holding elections.[45]
Free votes
Article 70 of the Constitution of Bangladesh is described as one of the most significant constraints on Bangladesh's democracy. The article restricts
Emergency powers
Part IXA of the constitution concerns a
Law and justice
Extrajudicial killings
Article 32 proclaims "no person shall be deprived of life or personal liberty save in accordance with law".[51] In reality, Bangladesh has a number of extrajudicial killings and enforced disappearances each year. The Rapid Action Battalion is accused of being the leading perpetrator of such human rights abuses, followed by the Bangladesh Police, the Directorate General of Forces Intelligence and the Bangladesh Army.
Capital punishment
Capital punishment remains legal in Bangladesh.[52] There were four executions in the country in 2022, and four in 2021.[53] It can theoretically be applied to anyone over the age of 16, but in practice is not applied to those under 18.[53]
The death penalty may be used as a punishment for crimes such as murder, sedition, offences related to possession of or trafficking in drugs, offences related to trafficking in human beings, treason, espionage, military crimes, rape, hijacking planes, sabotage, or terrorism.[54] It is carried out by hanging and firing squad; authorities usually use only hanging.[53]
Bangladesh is not a state party to the Second Optional Protocol to the International Covenant on Civil and Political Rights on abolishing the death penalty.
Bangladesh's Law Minister Anisul Huq proposed a law on behalf of the government under which the highest form of punishment would be imposed on those accused of rape. The decision followed public outrage over the video of a woman circulated online showing a group of men sexually assaulting her. It was later found that the girl was also repeatedly gang raped by the same men.[55]
Women rights
This section needs to be updated.(August 2020) |
The United Nations country team in Bangladesh has identified "marital instability" as the key cause of poverty and "ultra and extreme" poverty among female-headed households. The Bangladesh Planning Commission has said that women are more susceptible to becoming poor after losing a male earning family member due to
In 2010, a law against domestic violence was introduced, which defines causing "economic loss" as an act of domestic violence and recognises the right to live in the marital home. The law also empowers courts to provide temporary maintenance to survivors of domestic violence. In 2012, the Law Commission of Bangladesh, supported by the Ministry of Law, Justice and Parliamentary Affairs, completed nationwide research into reforms for Muslim, Hindu, and Christian personal laws. In May 2012, the cabinet approved a bill for optional registration of Hindu marriages. The Ministry of Law, Justice and Parliamentary Affairs is also considering reforms to civil court procedures—especially on issuance of summons that will improve family court efficiency.[58]
Bangladesh has a high rate of early marriages. The government had vowed to end marriage of children younger than 15 by 2021. But in February 2017, a law was passed that permits girls less than 18 years of age to marry under “special circumstances,” such as “accidental” or “illegal pregnancy,” with permission from their parents and court.[59]
LGBT rights
In 2014, the Bangladeshi government officially recognized hijras as a third gender.[60]
The British Raj-era penal code remains in force in Bangladesh. Section 377 of the code criminalizes homosexuality. In 2016, Terrorist groups claimed responsibility for the murder of Bangladesh's first LGBTQ magazine editor Xulhaz Mannan and his partner Tanay Majumdar.[61]
Corruption
In 2017, Bangladesh scored a 28 out of 100 (0 being highly corrupt and 100 being clean), in the “Corruption Perceptions Index” by Transparency International, and ranked the 143rd most corrupt out of 180 nations. In 2016, they scored 16, and in 2015 they scored a 25.[62]
The Anti Corruption Commission was founded in 2004 in hopes of relieving some
Slave labor is also quite common in Bangladesh, with over 1.5 million people being forced into labor, directly breaking the prohibition on forced labor. 85% of the slaves are male, and 15% are female, making Bangladesh rank 4th in terms of slave count in the world, only being topped by India, China and Pakistan. Most men work in labor industries like farming or construction,[65] while many women and young girls are enslaved in brothels. Linking back in to bribery, brothel owners have been found to bribe the police to convince them that the children are at least 18, the legal age to work as a sex worker in Bangladesh. These women and girls make very little money, as the brothel owners keep most of the profits.[66] More than a quarter of sex workers in Bangladesh entered the field as a result of being sold or forced into bondage.[67]
See also
- Centre for Law and Mediation (Bangladesh)
- Persecution of Biharis in Bangladesh
- Prostitution in Bangladesh
- Crossfire (Bangladesh)
- HIV/AIDS in Bangladesh
- List of defamation of religion cases under section 57 in Bangladesh
Notes and references
- ^ "Bangladesh: Freedom in the World 2022 Country Report". Freedom House.
- ^ Rounaq Jahan. "The Parliament of Bangladesh: Challenges and way forward". The Daily Star (Opinion). Retrieved 2017-07-11.
- ^ M Rafiqul Islam. "Independence of the judiciary- the Masdar case". The Daily Star. Retrieved 2017-07-11.
- ^ "Bangladesh: Dissenting voices trapped between fear and repression". Amnesty International. 2017-05-02. Retrieved 2017-07-11.
- ^ "After Narayanganj verdict, Bangladesh should disband RAB". Human Rights Watch. 19 January 2017. Retrieved 2017-07-11.
- ^ "Technical Difficulties" (PDF). 2009-2017.state.gov.
- ^ "Indigenous people demand constitutional recognition". The Daily Star. 2010-03-10. Retrieved 2017-07-11.
- ^ "Bangladesh's crisis of civil liberties and human rights". D+C Development + Cooperation. Retrieved 2017-07-11.
- ^ Al-Mahmood, Syed Zain (29 April 2015). "Bangladesh Local Elections Marred by Vote-Rigging Allegations". The Wall Street Journal.
- ^ Elahi, Shafiqul. "Bangladesh making steady progress in ensuring labor rights". South Asia Monitor. Retrieved 2023-06-15.
- ^ a b "Bangladesh: Stop Persecuting Unions, Garment Workers". Human Rights Watch. 15 February 2017. Retrieved 2017-07-01.
- ^ "Minority rights". The Daily Star. 2016-11-23. Retrieved 2023-05-02.
- ^ "23A. The culture of tribes, minor races, ethnic sects and communities". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
- ^ "6. Citizenship". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
- ISBN 978-0-8223-5318-8.
- ISBN 978-81-250-1924-4.
- ^ Hana Shams Ahmed. "Our constitution". The Daily Star. Retrieved 2017-07-11.
- ^ "Bangladesh: High Court Grants Citizenship to Stateless Bihari Refugees - Global Legal Monitor". loc.gov. 2 June 2008.
- ^ Rahman, Shaikh Azizur (2 February 2017). "Plan to move Rohingya to remote island prompts fears of human catastrophe". The Guardian.
- ^ "Bangladesh wants to move Muslim refugees to an island to stop them 'mingling' with citizens". The Independent. London. 31 January 2017.
- ^ "Ahmadiyya books banned". The Daily Star. Retrieved 2019-08-09.
- .
- ^ "Constitution of the People's Republic of Bangladesh". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
- ^ "10. Socialism and freedom from exploitation". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
- ^ View Chart of Scores over Time (2017-01-13). "Bangladesh Economy: Population, GDP, Inflation, Business, Trade, FDI, Corruption". Heritage.org. Retrieved 2017-07-11.
- ^ a b "37. Freedom of assembly". bdlaws.minlaw.gov.bd.
- ^ a b "Govt to now allow trade unions in EPZ factories". Dhaka Tribune.
- ^ "34. Prohibition of forced labour". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
- ^ By LIPIKA PELHAMOCT. 29, 2014 (2014-10-29). "Modern Slavery in Bangladesh". The New York Times (Opinion). Retrieved 2017-07-11.
{{cite news}}
: CS1 maint: numeric names: authors list (link) - ^ "Child labour in Bangladesh" (PDF). UNICEF. June 2010. Archived from the original (PDF) on 22 November 2011. Retrieved 24 December 2015.
- ^ "Bangladesh - Child Labour". UNICEF. Archived from the original on 2 January 2016. Retrieved 24 December 2015.
- ^ Beaubien, Jason (7 December 2016). "Study: Child Laborers In Bangladesh Are Working 64 Hours A Week". NPR: Goats And Soda.
- ^ "39. Freedom of thought and conscience, and of speech". bdlaws.minlaw.gov.bd.
- ^ "Editors worried at threats to Nurul Kabir". The Daily Star. 3 March 2010.
- ^ Safi, Michael (18 May 2017). "Bangladeshi editor who faced 83 lawsuits says press freedom under threat". The Guardian.
- ^ "Press Freedom: Bangladesh slips two notches". The Daily Star. 27 April 2017.
- ^ "Bangladesh 2016/2017". Amnesty International.
- ^ "Bangladesh Arrests Teenage Child for Criticizing Prime Minister". Human Rights Watch. 25 June 2020. Retrieved 25 June 2020.
- ^ "Bangladesh: Repeal Abusive Law Used in Crackdown on Critics". Human Rights Watch. July 2020. Retrieved 1 July 2020.
- ^ "11. Democracy and human rights". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
- ^ Tasneem Khalil (2008-03-02). "Surviving torture in Bangladesh". The New York Times (Opinion). Retrieved 2017-07-11.
- ^ "Police want revocation of anti-torture law". New Age. 2016-10-01. Retrieved 2017-07-11.
- ^ "Ganosamhati Andolon boycotts polls". The Daily Star. December 30, 2018.
- ^ "BNP welcomes EC roadmap but stresses poll-time neutral govt". The Independent. Dhaka.
- ^ "In quest of an acceptable polls-time government". The Daily Star (Op-ed). 14 January 2017.
- ^ "Article 70: Contradiction with the spirit of the constitution". Dhaka Tribune. Archived from the original on 2017-06-26. Retrieved 2017-07-04.
- ^ "The cost of ignoring the Constitution". The Daily Star (Op-ed). 4 November 2016.
- ^ "141B. Suspension of provisions of certain articles during emergencies". bdlaws.minlaw.gov.bd.
- ^ "141C. Suspension of enforcement of fundamental rights during emergencies". bdlaws.minlaw.gov.bd.
- ^ "Press concern at Bangladesh emergency". BBC News.
- ^ "32. Protection of right to life and personal liberty". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
- ^ "Death Penalty". Amnesty International. 2014-03-15. Archived from the original on 2014-02-09. Retrieved 2015-11-22.
- ^ a b c "Bangladesh". Database: People's Republic of Bangladesh. Cornell Center on the Death Penalty Worldwide. Retrieved 22 November 2013.
- ^ "Bangaldesh". Hands Off Cain. Retrieved 2015-11-22.
- ^ "Bangladesh weighs death penalty for rapists as protests flare". Reuters. Retrieved 21 June 2020.
- ^ "Women's Rights in Bangladesh" (PDF). Online Women in Politics. 2002. Archived from the original (PDF) on 16 December 2011. Retrieved 22 December 2012.
- ^ Avon Foundation for Women. Combating Acid Violence in Bangladesh, India, and Cambodia: A Report by the Avon Global Center for Women and Justice at Cornell Law School, The Committee on International Human Rights of the New York City Bar Association, the Cornell Law School International Human Rights Clinic, and the Virtue Foundation. (2011): 1–64.
- ^ Kashyap, Aruna (17 September 2012). "Will I Get My Dues ... Before I Die?". Human Rights Watch. Retrieved 22 December 2012.
- ^ "Bangladesh Events of 2017". Human Rights Watch. 14 December 2017.
- ^ Blaustein, Jonathan (18 March 2015). "Bangladesh's Third Gender". Lens Blog.
- ^ Eliott C. McLaughlin; Don Melvin; Tiffany Ap. "Al Qaeda claims #Bangladesh LGBT murders". CNN.
- ^ "Corruption Perceptions Index 2017". Transparency.org. Retrieved 2020-11-20.
- ^ "The corruption dynamics in Bangladesh". Dhaka Tribune. 2018-05-18. Retrieved 2021-02-19.
- ^ "Corruption highest in law enforcement". The Daily Star. 2018-08-31. Retrieved 2021-02-19.
- ^ "Bangladesh 10th most slave served country". The Daily Star. 2017-08-10. Retrieved 2021-02-19.
- ^ "The living hell of young girls enslaved in Bangladesh's brothels". The Guardian. 2019-07-06. Retrieved 2021-02-19.
- ISBN 978-0-19-991524-8.
Further reading
- Blood, Archer K. (2005). The cruel birth of Bangladesh: Memoirs of an American diplomat. Dhaka: University Press.
- Benkin, Richard L. (2014). A quiet case of ethnic cleansing: The murder of Bangladesh's Hindus. New Delhi: Akshaya Prakashan.
- Dastidar, S. G. (2008). Empire's last casualty: Indian subcontinent's vanishing Hindu and other minorities. Kolkata: Firma KLM.
- Kamra, A. J. (2000). The prolonged partition and its pogroms: Testimonies on violence against Hindus in East Bengal 1946–64.
- Taslima Nasrin (2014). Lajja. Gurgaon, Haryana, India : Penguin Books India Pvt. Ltd, 2014.
- Rosser, Yvette Claire. (2004) Indoctrinating Minds: Politics of Education in Bangladesh, New Delhi: Rupa & Co. ISBN 8129104318.
- Mukherji, S. (2000). Subjects, citizens, and refugees: Tragedy in the Chittagong Hill Tracts, 1947–1998. New Delhi: Indian Centre for the Study of Forced Migration.
- Sarkar, Bidyut (1993). Bangladesh 1992 : This is our home : Sample Document of the Plight of our Hindu, Buddhist, Christian and Tribal Minorities in our Islamized Homeland : Pogroms 1987–1992. Bangladesh Minority Hindu, Buddhist, Christian, (and Tribal) Unity Council of North America.
External links
Chancery Law Chronicles- First Bangladesh Online Case Law Database * Chancery Law Chronicles - Online Database of Bangladesh Laws
- Human Rights Congress for Bangladesh Minorities
- Litigation Against Government of Bangladesh for the Protection of Country's Minority communities who are deprived of their fundamental rights.
- The Genocide in Chittagong Hill Tract of Bangladesh.
- Human Rights Watch's Bangladesh index
- Censorship in Bangladesh – IFEX
- Human Rights Congress for Bangladesh Minorities (HRCBM): Atrocities against Minorities in Bangladesh.
- Human Rights Congress for Bangladesh Minorities of Dallas Fort-Worth (HRCBM-DFW): Atrocities against Minorities in Bangladesh.
- The AHRC's report on 'brutal' torture of Rahman Shohel
- Article2's long list of alleged abuses of human rights
- ECT: Why Gay men flee Bangladesh
- Murder in the Hill tracts
- Serious Bangladesh human rights issues in detail, including torture, extrajudicial killing, impunity and failed administration of justice. Important documents in Bangla