After World War II in 1945, a new world order came into being, setting respect for human rights side by side with peace, security, and development as the primary objectives of the United Nations.
The use of “human rights” in English language books has increased 200-folds since 1940, and is used 100 times more often today than terms such as “constitutional rights” and “natural rights.”
The Constitution of the People's Republic of Bangladesh, 1972, also has several sections on human rights. However, many of the rights were not included in that.
We live in an era where most of the major human rights treaties -- there are nine “core” treaties -- have been ratified by the vast majority of countries. Nevertheless, the human rights agenda has fallen on hard times.
According to ILO, in 2016, an estimated 40.3 million people were in modern slavery, including 24.9 million in forced labour and 15.4 million in forced marriage. Out of the 24.9 million people trapped in forced labor, 16 million people are exploited in the private sector, such as domestic work, construction, or agriculture; 4.8 million persons in forced sexual exploitation, and 4 million persons in forced labour imposed by the state authorities.
Except for the Bangladesh Constitution, human rights provisions are also present in the International Bill of Human Rights to enhance and promote human rights. However, according to Human Rights Watch (HRW), Bangladesh has been blamed for overlooking allegations of human rights violations raised by the United Nations, donors, and non-governmental organizations, as stated in World Report 2022.
Moreover, according to Bangladeshi human rights groups, nearly 600 people have been forcibly disappeared by security forces since 2009, which is mentioned by HRW.
The International Covenant on Civil and Political Rights (ICCPR) is protected as a fundamental right in Bangladesh's Constitution. Bangladesh has filed various reservations and declarations to the ICCPR to limit its application. For example, Bangladesh has made declarations under Articles 10, 11, and 14 of the ICCPR.
Our country ratified the International Covenant on Economic, Social, and Cultural Rights (ICESCR) in 1998, with objections to Articles 2, 3, 7, and 8. It has also adopted an interpretative declaration on Arts 10 and 13.
The duty to respect rights obligates states to refrain from taking any action that may jeopardize citizens’ enjoyment of their rights, including actions taken by individuals to pursue their rights. The duty to defend rights compels states to take steps to prevent others from violating human rights.
The majority of the civil and political rights guaranteed by the ICCPR have been enshrined as fundamental rights in Bangladesh's Constitution.
Furthermore, the Constitution of Bangladesh says that the state shall not create any law incompatible with any provision of these fundamental rights. Any law incompatible with such rights is null and void to the extent of the contradiction.
The rights body has documented the killing of 3,453 people by law enforcement agencies since 2001. These also included 50 Rohingya people killed in crossfire in the name of the anti-drug drive.
On July 4, 2019, Bangladeshi High Court asked law enforcers not to take the law into their own hands by indulging in extrajudicial killings. According to ASK, 204 people have been killed since July despite the court's strict observations.
According to the Odhikar report, 513 people were victims of enforced disappearance by law enforcers from 2008 to 2018.
In many cases, law enforcers do not produce the detainees before the court, and the bodies of many such victims were later found on the roadside or in remote areas, the rights body alleged.
Bangladesh has failed to take legislative and administrative steps to comply with its treaty obligations. The judiciary in Bangladesh has established a body of jurisprudence on human rights treaty interpretation that is useful in bridging gaps in compliance with human rights law.
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However, in Bangladesh, the judicial approach to implementing unincorporated human rights rules is inconsistent and conservative.
Finally, to overcome this abusive situation, Independent Courts and Commissions should be established to deal with Bangladesh's specific corruption and gender issues. A free press should be able to operate without political interference or impediment in a free environment. The right to freedom of expression and association should be guaranteed to all citizens.
On all significant issues, citizens must be well-informed and involved. Judicial interpretation and formation of human rights treaties influence the application of human rights legislation in the domestic sphere, and the conformance of domestic laws with human rights standards. Bangladesh's judiciary has developed a body of human rights treaty interpretation jurisprudence that can help bridge gaps in human rights legislation compliance.
Md Fahmedul Islam Dewan is a freelance contributor.