Human Rights
US did not impose new sanctions as human rights situation has improved: Law Minister
Law Minister Anisul Huq said on Wednesday that the US did not impose any new sanctions against the Rapid Action Battalion (RAB) as the human rights situation has improved.
"Human Rights Watch does not write anything good about anyone. But they have written in their report that the human rights condition has improved in Bangladesh. Donald Lu has said that they would have imposed more sanctions against RAB, but did not do so as Bangladesh's human rights situation has improved," he told reporters at the secretariat after meeting with Malaysian High Commissioner to Bangladesh Haznah Md. Hashim.
“We (the US) have seen RAB has done much good. We also understand the necessity of RAB. Since human rights situation has significantly improved, we have not imposed new sanctions. He (Lu) has told me so very clearly,” the law minister said, quoting the US Assistant Secretary of State for South and Central Asian Affairs, Donald Lu. Lu visited Bangladesh recently.
In response to a question, the law minister said that he did not ask Lu for lifting the existing sanctions against RAB because it must be done in accordance with legal procedures.
Also Read: Bangladesh's growing economy entices US to maintain good relations: FM
“We are following those procedures,” he added. "We will take action against RAB members if they commit crimes," Huq said of the elite force's reforms. “The reform process is ongoing; it takes time,” he added.
Huq also said that during his meeting with Lu, he demanded that Rashed Chowdhury, the fugitive convicted killer of Bangabandhu, be deported to Bangladesh.
“He asked me to contact their judiciary branch. I will knock every door to bring him back,” the minister said.
Lu arrived in Dhaka on Saturday evening to discuss ways to strengthen the bilateral relationship, expanding economic engagement and to hear on labour and human rights.
During his brief stay in Dhaka, Lu met with senior Bangladeshi ministers and officials including the law minister and civil society leaders to discuss issues of mutual interest.
Rab made ‘tremendous progress’ in ‘respecting rights’ while performing duties: Donald Lu observes
Assistant Secretary of State for the Bureau of South and Central Asian Affairs Donald Lu has appreciated the “tremendous progress” made by Rab in “respecting human rights” while performing its duties.
“We had quite a good discussion about the Rab. If you have seen the statement this week by the Human Rights Watch, they recognised and we recognised tremendous progress in the area of reducing extra judicial killings by the Rab,” he told reporters at the Ministry of Foreign Affairs today.
“This is amazing work. It shows the Rab is able to carry out its important counterterrorism and law enforcement function while respecting human rights,” Lu added.
Foreign Minister Dr AK Abdul Momen and Foreign Secretary Masud Bin Momen also spoke on the occasion.
The senior US official said they had “very honest and open” discussions with the Bangladesh foreign minister and foreign secretary.
“We have expressed our commitment to democracy and human rights. We will speak when we see problems and when we can offer suggestions. We will stand up for freedom of speech, freedom of expression. And we look forward to working very closely with our partners here in Bangladesh,” Lu said.
Regarding the labour rights issue, he said it is important for Bangladesh and for trade relationships.
“I had the honour of sitting down this morning with (PM’s adviser) Salman F Raman to talk about the way forward, so that we can cooperate on improvement of labour rights in this country. I’m very confident we’re going to make progress this year,” said the US official.
INDO-PACIFIC STRATEGY
Asked whether the US wants Bangladesh to join the Indo-Pacific Strategy, Lu said they had a “wonderful discussion” on the Indo-Pacific Strategy. “It’s a strategy, it’s not a club. We don’t join.”
Regarding restoration of GSP (generalised system of preferences) facilities for Bangladesh, the US official said they are still waiting for the Congress to authorise GSP for any country.
“We are working very closely with the government of Bangladesh,” Lu said, adding that Bangladesh will be the first country on the list if the Congress authorises.
“I am here to strengthen the friendship with Bangladesh when the world is struggling to establish peace and justice,” he said before taking questions.
Talking to reporters, Foreign Minister Momen said, “I am very happy. We had very constructive discussions. The US is our old friend and our relationship turned deeper over the last 50 years. We want to make the relationship much deeper in the next 50 years.”
Momen said the US side invited them to visit this month or in April. “This engagement is very effective.”
Foreign Secretary Masud Bin Momen said they discussed all issues of mutual interest – trade, investment, labour rights, sanctions, human rights, democracy and development, as well as Bangladesh’s views on the Indo-Pacific.
“Through our sincere efforts, we will be able to elevate our relations to a higher level,” said the foreign secretary.
Read more: US committed to continued cooperation with Bangladesh to improve labor rights: Donald Lu
LABOUR RIGHTS
The United States is “committed” to continued cooperation with Bangladesh in its efforts to improve labour rights, Lu said.
At a meeting with Bangladeshi labour rights leaders, Lu listened to their experiences and concerns.
Earlier in the morning, he had a breakfast meeting with Prime Minister’s Private Industry and Investment Adviser Salman F Rahman.
The US Assistant Secretary had a meeting over dinner with Foreign Minister Momen at his residence on Saturday night.
Key issues of bilateral relations were discussed during Lu’s over one-hour stay at the foreign minister’s official residence, a diplomatic source told UNB.
Lu, who arrived in Dhaka on Saturday evening, directly went to the foreign minister’s residence accompanied by US Ambassador to Bangladesh, Peter Haas.
The US senior official is visiting Bangladesh to discuss ways to strengthen bilateral relationship, expand economic engagement, and go over the labour and human rights situation.
The recommendations some foreigners at times give seem to be “idiotic”: Momen
Foreign Minister AK Abdul Momen today said that the recommendations some foreigners at times give seem to be “idiotic and illusory”.
“Foreigners' knowledge on Bangladesh is very limited,” he said, adding that people of the country are well aware of this.
Read more: People will have better standard of living if current development trend continues: Momen
The foreign minister was talking to reporters after a meeting at the community clinic of Civil Surgeon‘s office in Sylhet.
Thirty lakh people sacrificed their lives to establish human rights and justice when this country was formed, Momen said.
The minister said about 70-80 percent people cast their votes in elections in this country, adding that not even 25-30 percent people in many countries vote.
“Candidates cannot be found in the election. But in this country, a large number of candidates compete for each post.”
Read more: Govt to honour expats through National Expatriate Day: Momen
Under the circumstance, Momen urged the media not to focus on foreigners’ statements.
“If the media does not go to them (foreigners), they will sit idle,” he said, adding that no country has such media freedom as in Bangladesh.
“Many opposition parties are spreading misinformation abroad as they do not want the country to develop,” Momen added.
Attending mother’s janaza with handcuffs, leg irons: NHRC recommends action
The National Human Rights Commission(NHRC) has recommended taking action against the authorities concerned for whom a BNP leader had to attend his mother's janaza wearing handcuffs and leg irons in Gazipur.
The commission condemned the incent through a press release on Thursday.
According to media report, BNP leader Ali Azam was released on parole for three hours on December 20 and was allowed to attend his mother's Namaz-e-janaza.
However, he was handcuffed and shackled throughout the parole period that sparked criticism across the country.
Read more: Handcuffs, leg irons should’ve been removed during funeral of BNP leader’s mother: Info Minister
The commission thinks that taking a prisoner to his mother's funeral with handcuffs and leg irons after being released on parole is not only inhumane but also against the constitution and fundamental human rights of Bangladesh.
Besides, the directive of the High Court regarding handcuffing an accused was not followed in this case, it said.
In order to prevent the recurrence of such incidents, the Commission urged the authorities concerned to take legal action against those involved in the incident.
Human rights are at the center of US foreign policy: US Embassy
The US Embassy in Dhaka has said they take “seriously” all allegations of human rights violations and regularly meets with a wide variety of human rights organizations.
“The US Embassy had not received any prior communication from Mayer Kanna over the last several years,” said a US Embassy spokesperson on Sunday in light of various articles and statements surrounding Ambassador Haas's meeting with Mayer Dak on December 14.
Providing more information to the media in an email, the spokesperson said human rights are at the “center” of US foreign policy.
The US Ambassador ended his “prescheduled” meeting with “Mayer Dak” on December 14 due to “security concerns”.
Read more: US ambassador didn’t go to the memorial on Martyred Intellectuals’ Day, he went somewhere else: Quader
“The meeting was interrupted by protestors, who attempted to enter the building where the Ambassador was located. Other protestors surrounded the Ambassador’s vehicle,” said the spokesperson.
He said they have raised this matter at the “highest levels” of the Bangladesh government, as well as with the Bangladesh Embassy in Washington, D.C.
Earlier, Home Minister Asaduzzaman Khan on Sunday said there had been no lack of security when US Ambassador Peter Haas visited Dhaka's Shaheenbagh area recently.
While talking to reporters at the Secretariat, he said police personnel rushed to the spot immediately.
Read more: US ambassador voices concern over DSA in Bangladesh
Foreign Secretary Masud Bin Momen said the situation that US Ambassador Peter Haas faced could not be seen as a "security threat".
“There is no scope to see it as a security threat,” he told reporters at the Foreign Service Academy on Thursday evening, noting that the incident will have no impact on Dhaka-Washington relations.
We uphold human rights in Bangladesh: PM Hasina
Prime Minister Sheikh Hasina on Wednesday said that her Awami League party safeguards human rights instead of violating in Bangladesh.
“Awami League doesn’t violate human rights here in this country, rather gives protection to it. Awami League ensures the rights of the people,” she said.
The premier was addressing a discussion arranged by Bangladesh Awami League (AL) in the city’s Bangabandhu International Conference Centre, marking the Martyred Intellectuals Day-2022. She presided over the meeting.
Slamming opposition BNP men for talking about the killings and forced disappearance issues, she said it is Ziaur Rahman (founder of BNP) who had started the culture of forced disappearance in the country.
Hasina, also the AL president, said Ziaur Rahman was responsible for killing many officers and soldiers of Bangladesh Army and Air Force. At the same time, he was also behind the killing of many AL leaders and made them disappeared, she added.
She said the families and relatives could never see the bodies of the victims. “How come the BNP talks about forced disappearance and killing?”
Read more: PM: During BNP’s regime, human rights were violated at every step
Hasina, the eldest daughter of slain Bangladesh leader Bangabandhu Sheikh Mujibur Rahman, said they, who lost their dear ones on August 15, 1975, had no right to seek justice. She was not allowed to file a case after returning home in 1981. “Where were my human rights? Why couldn’t I see the bodies of my parents?” she added.
Pointing at the USA and some other countries, she said they are protecting the human rights of killers and human rights violators. “They are busy in protecting the human rights of the killers,” she said.
The PM also blasted BNP for taking no programme to observe the Martyred Intellectuals Day and not showing respect towards the martyrs. “Today we’re observing the Martyred Intellectuals Day. But what is the BNP’s programme on this day? Do they have any?”
Pointing at BNP, she said they have intimacy with the killers of the intellectuals and the Father of the Nation, the murders and corrupt persons.
The premier said BNP and Jamaat know how to loot and kill the people, and engage in corruption. So, they don’t show any respect toward the intellectuals, she added.
“What respect can they show? We can’t expect that they would show respect (to intellectuals),” she said.
The AL president said her party had pledged to hold the trial of the killers of the martyred intellectuals and today her government tried them accordingly.
Read more: I can understand PM Hasina’s pains: Bachelet
AL general secretary Obaidul Quader delivered the introduction speech, while AL leaders Sheikh Fazlul Karim Selim, Muhammad Abdur Razzaque, Abdur Rahman, Mahbubul Alam Hanif and AFM Bahauddin Nasim, among others, spoke at the discussion.
At the outset of the event, a minute of silence was observed as a mark of respect to the memories of the martyred intellectuals as well as Bangabandhu, four national leaders and the martyred freedom fighters.
The nation observed the Martyred Intellectuals Day on Wednesday, paying tributes to the intellectuals who had been killed systematically by the Pakistan occupation forces and their local collaborators at the fag-end of the country’s Liberation War in 1971.
Sensing an imminent defeat, the Pakistani occupation army and their local collaborators carried out the cold-blooded mass murders under a carefully thought-out plan to intellectually cripple emerging Bangladesh.
Human rights violators will be brought under justice: Law Minister
Mentioning that the incumbent government is working in all ways to establish, protect and develop human rights, Law, Justice and Parliamentary Affairs Minister Anisul Huq said on Saturday that violators in this regard would face justice.
"Those who violate human rights will be brought under the law of justice," he said, while addressing a discussion organised by the National Human Rights Commission at a city hotel in Dhaka on the occasion of Human Rights Day 2022 as the chief guest.
Human Rights Day is celebrated annually around the world on December 10 every year.
Read: PM: Patrons of August 15 killings have no right to lecture on democracy, human rights
The date was chosen to honour the United Nations General Assembly's adoption and proclamation, on December 10, 1948, of the Universal Declaration of Human Rights.
"The government's stance on human rights violators is very clear. Those who violate human rights in Bangladesh will be prosecuted under the law," Anisul Haque said. He said despite many achievements of the government in the establishment and protection of human rights, a vested quarter is trying to present a negative image of human rights in Bangladesh for gaining political benefits.
Father of the Nation Bangabandhu Sheikh Mujibur Rahman, who spent his entire life for the establishment and protection of human rights, was brutally killed with most of his family members on August 15, 1975, through the domestic-foreign conspiracy.
"It was the most heinous and extreme violation of human rights in the history of the world," the law minister added added.
He said that the horror of this human rights violation was made more terrible by the 'Indemnity Ordinance' that protected the killers from being brought to justice for 21 years. The killers were even rewarded and the major countries of the world gave shelter to them, he moaned.
Read: Human rights as ‘cheap political tool’ could be counterproductive, says Shahriar
Some of the convicted killers are still at large in some major countries, he said, adding that the government is trying to bring them back to Bangladesh although bringing them back has become very difficult.
It has only been possible to prosecute major human rights violations, including those involved in the assassination of Bangabandhu, the assassination of four national leaders and crimes against humanity committed during the liberation war in 1971 due to the good policy and strong position of the government, he said.
As a result, the culture of injustice has been removed from the country and the image of the country in the international arena has been brightened, the minister added.
He also mentioned that Bangladesh has become a member of the United Nations Human Rights Council (UNHRC) four times.
Chairman of the National Human Rights Commission Dr. Kamal Uddin Ahmed presided over the meeting while a full-time member of the commission Md Salim Reza and secretary of the Legislative and Parliamentary Affairs Department Moinul Kabir also spoke.
Can a British legal adviser for Jamaat be considered an ‘independent voice’ for human rights?
In a report published on December 6, 2022, Toby Cadman – a UK lawyer who was part of the team that asked the US and UK governments for sanctions against Bangladesh’s Rapid Action Battalion (Rab) – told Al Jazeera that everyone involved was surprised when UK decided not to implement sanctions.
After war crimes trials of its senior leaders began, Bangladesh Jamaat-e-Islami hired Toby Cadman as its legal counsel in London in 2011.
Read more: Toby Cadman, who was Jamaat's legal advisor, tells Al Jazeera he was part of team asking US, UK govts for Rab sanction
At the time, Tajul Islam, the legal representative for five Jamaat leaders, notified the media that Steven Kay QC, Toby Cadman, and John Cammegh had consented to represent the Jamaat leaders.
Al Jazeera, in its report, quoted Cadman as saying, “I filed the request for sanctions and whilst I am not in a position to discuss the substance, I can confirm that I discussed the request with the Foreign, Commonwealth & Development Office [FCDO, UK].”
He added, “Having worked on both the US and UK request for sanctions, I was strongly of the view that a coordinated response was necessary in the circumstances… Our filing in the UK targeted political officials and those in the security sector…. It was certainly my position that the UK would issue mirror sanctions in coordination with the US. I was extremely disappointed when they failed to do so.”
The question that arises here then, is: Under what circumstances can a legal adviser, hired to represent a certain party, be considered “an independent voice” for human rights?
Can a lawyer be “independent”, if he cannot go against the interests of his clients?
Further question arises as to how some media outlets can continue to project Cadman as “an independent voice”.
Read more: US sanctions on RAB made BNP fearless in anti-government protests: Fakhrul
It should also be noted that BNP Secretary General Mirza Fakhrul Islam Alamgir, in an interview published last month, had said the US sanctions on Rab helped rejuvenate the BNP rank and file to take to the streets fearlessly, something reflected in its recent rallies.
The detailed admission by Cadman, coupled with Fakhrul’s comment on US sanctions being a morale booster for them, makes the much-touted narrative that the sanctions were slapped on Rab solely because of serious violations of human rights look questionable. Considering these latest developments and revelations, there seem to be regime change intentions at play.
Moreover, a recent video of a Labour Party MP, in UK Parliament, asking the UK FCDO minister for Indo-Pacific why the UK did not go ahead with the sanctions at the last minute, makes the intentions more palpable.
(The writer is a Professor at the Department of Public Administration, University of Rajshahi. Views expressed are his own.)
UN adopts resolution on human rights of Rohingya, other minorities in Myanmar
The UN General Assembly (UNGA) has adopted a resolution "on the situation of human rights of Rohingya Muslims and other minorities in Myanmar" without a vote.
"We would like to see the increased role of the regional countries and the regional organisations in resolving the Rohingya crisis with enhanced urgency, before it turns into a regional security crisis," according to the statement of Bangladesh at the adoption of 3rd committee resolution on the situation of Rohingya Muslims in Myanmar.
In August 2017, the world witnessed the beginning of history's largest and fastest exodus, with hundreds and thousands of Rohingya fleeing their homes in Myanmar.
Over 750,000 Rohingya – including more than 400,000 children – entered Bangladesh seeking shelter and protection in a few weeks' time through a border that stretches only 41 kilometres.
Within a blink of an eye, Cox's Bazar which used to be a forest roamed by elephants became home to the world's largest refugee camp.
With the caseload from previous exoduses, currently, 1.2 million Rohingya minorities live in the camps in Bangladesh.
The situation in Myanmar continues to deteriorate. Not a single Rohingya was able to return in the last five years.
The Rohingyas left in Myanmar are also faced with continued persecution and threats of displacement, Bangladesh said.
The country welcomed the adoption of the resolution by the 3rd committee, which is seen as a manifestation of a collective commitment to do right by the Rohingya.
Read more: Myanmar situation doesn't allow full-scale Rohingya repatriation now: Japan
Bangladesh also welcomed the resolution's continued focus on the need to address the root causes of the Rohingya crisis, including in the context of current developments in Myanmar.
The country expressed strong support to the mandates of the special envoy of the secretary general, special rapporteur on the human rights situation of Myanmar, and the Independent Investigative Mechanism on Myanmar, and remained committed to providing full cooperation to them.
Pending their return, the Rohingyas living in the camps deserve the solidarity of the international community. The humanitarian response plan needs to be adequately funded.
"Equally important is to ensure enhanced coherence in the work of the peace, development and humanitarian actors in Myanmar to ensure long-term impacts for the minorities at risk including the prospective returnees. Pursuing the ongoing accountability tracks is also important as a confidence-building measure," Bangladesh said.
"We believe this resolution will give us the much-needed impetus to reinforce our collective efforts to achieve durable solutions for the Rohingyas," it added.
Read more: Bangladesh seeks OIC’s help to continue Rohingya genocide case
COP27: UN experts for complete integration of human rights standards, principles into negotiations
UN independent experts have said the outcomes of the upcoming UN Climate Change Conference in Egypt are of critical importance, and they called on states to make sure that all decisions made, and actions taken, consider their human rights implications.
"This, in turn, will lead to better policy-making in the area of climate change," they said in a statement from Geneva on Friday.
The experts called on states to fully integrate human rights standards and principles into negotiations during the 27th Conference of the Parties to the UN Framework Convention on Climate Change (COP27) starting in Egypt on Sunday.
"In 2015, states adopted the Paris Agreement, pledging to respect human rights in all climate actions. However, as the parties meet in Sharm el Sheikh for COP27, little progress has been made in the area of human rights, or climate actions," they said.
The United Nations Human Rights Council has stressed that human rights obligations, standards and principles have the potential to inform and strengthen international, regional and national policy making in the area of climate change, promoting policy coherence, legitimacy and sustainable outcomes.
However, human rights, and the financing required to realise these rights, have yet to be mainstreamed in climate change discussions, including the annual COPs.
Climate change is negatively impacting the full and effective enjoyment of the human rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments.
Climate change is having a major impact on a wide range of human rights today, affecting mostly marginalised groups, and could have a cataclysmic impact in the future, unless ambitious actions are undertaken immediately.
Among the human rights being threatened and violated are the rights to life, adequate food, safe drinking water and sanitation, the enjoyment of the highest attainable standard of physical and mental health, including sexual and reproductive health, adequate housing, self-determination, just and favourable conditions of work, development, the right to a clean, healthy and sustainable environment and livelihoods, as well as the right to education and cultural rights.
Climate change is also contributing to human rights violations with specific adverse impacts on women and girls and against groups in marginalised situations, such as migrants, minorities, indigenous peoples, people of African descent, older persons and persons with disabilities including albinism.
Read more: Is it too late to prevent climate change?
Climate change is exacerbating the risk of other human rights violations, including violence against women and girls, trafficking in persons, especially women and children, excessive use of force in the context of policing climate rallies and protests, racism and discrimination.
Systemic racism and contemporary legacies of colonialism negatively impact the right to a healthy environment and continue to have an impact on the right of everyone to the enjoyment of the right of the highest attainable standard of physical and mental health.
Lawyers and others working to address climate change face abuse, threats to their lives, and other risks. Climate change is also a major driver of forced displacement and renders the search for durable solutions significantly more challenging.
States have taken important steps to recognise the right to a clean, healthy and sustainable environment (which includes the right to a safe climate) as a human right, most recently in General Assembly resolution 76/300 of 29 July 2022.
"We are deeply concerned by the lack of commitment by states that have been the primary historical contributors of greenhouse gas emissions. Current nationally determined contributions provided by parties to the Paris Agreement remain seriously inadequate to achieve the climate goals of the Paris Agreement," the experts said.
The negative effects of failing to cut greenhouse gas emissions are disproportionately suffered by persons and communities who are already in a disadvantageous situation. And not enough financial resources are being allocated to these high-priority concerns.
The UN independent experts called on states to urgently step up their mitigation actions (emissions reductions), in line with their common but differentiated responsibilities and respective capacities, as inadequate action to reduce greenhouse gas emissions is creating a human rights catastrophe.
This would include ending fossil fuel expansion, and accelerating the phase-out of coal, oil and natural gas in order to limit global warming to 1.5°C as required under the Paris Agreement. It would also include regulating the emissions of businesses under their jurisdictions, and ensuring their courts are available to enforce these regulations.
Read more: "Bangladesh should not have to carry the burden of climate change alone"
The experts urged the states to include human rights considerations in their nationally determined contributions and other planning processes and ensure that market-based mechanisms have effective means for protecting human rights and effective compliance and redress mechanisms, including mandatory environmental and human rights due diligence laws and policies.
They called on states to establish a loss and damage finance facility, and significantly step up funding to help particularly vulnerable developing countries, especially small island developing states and least developed countries, to cover the costs of loss and damage.
The experts urged the states to call for climate finance to address mitigation and adaptation, fulfilling the $100 billion annual pledge and increasing it to meet the needs of climate-vulnerable states.
The full and effective participation of indigenous peoples and civil society, including human rights defenders, grassroots organisations and women-led organisations in decision-making processes at all levels of the COP process has to be ensured, they said. "Indigenous peoples and civil society play an essential role in the advancement of climate action, and their voices must be heard."
To ensure that climate policies, including those on adaptation, mitigation and financing, gender equality, the rights of the child, non-discrimination and racial justice, and ensure the full, equal and meaningful participation of women and girls with diverse backgrounds in climate change mitigation actions at all levels have to be ensured, the experts added.
They called on states to stay attuned to the impacts of climate change, as well as the design and implementation of mitigation and adaption measures on all human beings, so that all peoples are treated humanely and with dignity, and if forced to relocate or migrate because of the effects of climate change, they are able to rebuild their lives and livelihoods with dignity.
The experts urged the states to expand opportunities for safe migration, including through a general right of admission and stay for people displaced by climate change, and pathways to citizenship.
They also suggested including children and youth representatives in their delegations to COP 27 and future COPs, to ensure that young people have a say in their future.