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Monday, December 9, 2013
Friday, December 6, 2013
An Open Letter to the UN Assistant Secretary General for
Political Affairs by the Asian Human Rights Commission
Honourable Assistant Secretary General, Mr. Oscar
Fernández-Taranco,
BANGLADESH: UN
intervention needed urgently for saving ordinary people's lives and liberties
The Asian Human Rights Commission is writing to you on the eve
of your third visit to Bangladesh, a country plunged into deep political and
constitutional crisis. Tomorrow, on December 6, 2013, after your arrival in the capital city of Dhaka,
in Bangladesh, you will definitely see many burned skeletons of vehicles left
by the side of the streets and avenues. The brutalities that the ordinary
people are forced to suffer every day in recent months could be seen and heard
from countless innocent victims screaming in hospitals, often without adequate
treatment facilities. Dozens of people have been killed by attacks on public
transport in the last few weeks. Crude handmade bombs, petrol bombs and other
explosives are being regularly used to cause burn injuries and deaths of human
beings across the country, including in the capital city. The police,
paramilitary forces and other law-enforcing agencies are randomly opening fire
pointing guns toward the protestors who belong to the opposition. Endless
political violence reigns all over Bangladesh at the moment of your travel in
Dhaka, which is literally disconnected from the rest of the country, by
political blockades.
The AHRC perceives that you have already acquired comprehensive
understanding about the human rights situation of Bangladesh through other
institutions of the UN and your last two visits in person. You might have
observed how the state agencies have illegally arrested a number of senior
leaders of the main opposition, without any provocation from the latter. The
prisons of Bangladesh are now overcrowded with detainees to more than three
times their actual capacity. The prisons and detention centres not only
accommodate the convicts of crimes, but also house a large number of pro-opposition
activists, newspaper editors, journalists, lawyers, human rights defenders and
ordinary citizens in fabricated cases, to satisfy the wish of the ruling
authorities.
Amongst human rights defenders, those who want to step forward
with commitments of documenting the gross abuses of human rights are under
constant surveillance, with imminent threats of further arrest, detention and
custodial torture at the hands of the law-enforcement agencies that have a
reputation of maintaining a torturous system. A few members of civil society
who have dared to criticise the lawless and unconstitutional actions of the
government, and the Prime Minister in particular, have been facing death
threats from unknown callers or criminal attacks on their residences and
vehicles on the streets. The situation has compelled the spokespersons of the
opposition to go into hiding to avoid arrest, detention and torture. The space
for a dissident voice has been reduced to such a non-existent level that the
opposition leaders are video-recording their statements from undisclosed places
and disseminating them to the media and to the public through modern
technologies.
The Election Commission (EC) of Bangladesh has been reshuffled
by the government. Those who are loyal to the incumbent government are
recruited to head the EC, which has also recruited the pro-ruling party
activists in the field level offices across the country. The EC has complied
with the government to weaken the electoral procedures when at least 28
provisions of the Representation of Public Order (RPO) were amended by the
government. The delimitation of the constituencies of the parliamentary seats
has allegedly been made for the convenience of the ruling parties' contestants.
Electoral offences can hardly be adjudicated by the EC under the changed RPO.
The EC's ability of guaranteeing a transparent and credible election has now
been reduced much more than ever before. However, they have announced the
schedule of election, hurriedly, without taking all the opposition parties in
confidence, allegedly to please for pleasing the ruling alliance parties.
By repealing the provision of 'Non-party Care-taker Government'
in the Fifteenth Amendment of the Constitution of Bangladesh, the incumbent
Prime Minister Mrs. Sheikh Hasina, has created a crisis to perpetuate her
power. All power of the state is centred, possessed and implemented as per the
direction of the Prime Minister, according to the current edition of the
Constitution. The Supreme Court was previously used by the Government to make
the Fifteenth Amendment of the Constitution. Constitutional interpretations by
the jurists are being replaced by the version of the Premier. Prior to the
general election candidates having capacity to exercise muscle power are chosen
by the ruling party so that the ordinary voters are panicked either to vote in
favour of the ruling party or abstain from casting their votes.
The feuding political parties are waging war against each other
using the state agents and non-state actors to establish their muscle power.
Both political groups are well aware of the powerlessness of the Election
Commission. Nobody in Bangladesh believes that the existing Election Commission
is capable of holding a credible and transparent general election, as scheduled
on January 5,
2014. The government provokes the opposition to retaliate violently so
that the latter's public standing is gravely damaged, which may benefit the
ruling parties, despite the loss of public legitimacy due to endless corruption
and misrule for the last five years. Subsequently, the situation has become
violent resulting in numerous deaths; and physical, psychological, economic,
educational and social impairments and impediments.
Being a party to the International Covenant on Civil and
Political Rights the Government of Bangladesh has an obligation under Article 2
to take 'administrative , legislative and judicial' initiatives to guarantee
the rights of the people. Sadly, it is not agreeing to create a level playing
ground for the upcoming general election. The authorities appear to be
determined to hold a farcical election excluding the major parties. The excuse
of 'protecting the constitution' is not going to solve the problem on the
ground.
In such a situation the AHRC strongly feels that the UN should
urgently intervene in normalising the situation of Bangladesh, as soon as
possible, for the sake of saving lives, livelihood, and liberty of a
poverty-stricken nation. We are aware of the UN's appreciable role in holding
elections in Kenya, which was in a civil war in the last decade. The UN must
play a key role in holding a credible and transparent election in Bangladesh
drawing upon its experiences in Kenya and other countries.
The Asian Human Rights Commission thanks you for your kind
attention to this matter.
Yours sincerely,
Bijo Francis
Executive Director
Asian Human Rights Commission, Hong Kong
Executive Director
Asian Human Rights Commission, Hong Kong
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