On the eve of the International Day of the Victims of Enforced Disappearances (August 30), the interim government of Bangladesh transmitted its instrument of accession to the CED on August 29, 2024. Earlier, on August 27, it established a commission of enquiry to investigate incidents of enforced disappearance that occurred during the previous regime.
This decision aligns with the commitment made by Chief Adviser Professor Muhammad Yunus, who has reiterated this promise on numerous occasions since assuming office. These actions reflect Bangladesh's long-overdue commitment to ensuring protection and justice for the victims of enforced disappearance over the past 15 years.
During the Awami League regime, Bangladesh faced frequent interventions from the United Nations and civil society regarding numerous incidents of enforced disappearances. It was utterly appalling that Bangladesh’s responses were limited to citing the absence of the crime of enforced disappearance in domestic law, its non-accession to the International Convention for the Protection of All Persons from Enforced Disappearance (CED), and even included denial of the incidents that occurred.
The recent revelation of various ayna ghar (torture centres) and the release of numerous victims of enforced disappearance of the previous regime illustrate that Awami League government’s widespread policy of enforced disappearance was not a myth, but rather a harsh reality.
It is worth mentioning that Bangladesh had previously received recommendations to accede to the CED during its third (2018) and fourth (2023) cycles of the Universal Periodic Review at the UN Human Rights Council (UNHRC). Unfortunately, the previous government continued to ignore these recommendations to safeguard its despotic political interests.
Enforced disappearance is one of the most horrific crimes of all time, and many despotic regimes have resorted to this policy to suppress dissenting voices. The crime of enforced disappearance should not be viewed as a single crime or incident of human rights violation; rather, it is the culmination of numerous violations, including the rights to life, liberty, security, a fair trial, freedom from torture, recognition before the law, family life, economic life of the victims, and the right to truth and access to justice for the victims' family members.
It is encouraging that Bangladesh has decided to accede to the CED without any reservations. However, it is strongly urged that the government make a declaration under Article 31 of the convention, recognizing the competence of the UN Committee on Enforced Disappearances to consider individual complaints concerning violations of the CED. Bangladesh can make such a declaration any time after its accession to CED.
The committee will provide an additional layer of protection for victims of enforced disappearance. If remedies under Bangladeshi law are exhausted without justice, the committee will offer victims an opportunity to seek justice under international law. This will also serve as a check and balance on the domestic legal system.
One of the core obligations of the CED is to incorporate its provisions into domestic law. At this juncture, the government should proceed with caution. Previously, Bangladesh enacted the Torture and Custodial Death (Prevention) Act, 2013, in pursuance of its obligation to domesticate the UN Convention against Torture (UNCAT). However, that legislation faced criticism for its apparent insufficiency from the convention's standards, and to date, there has been only one case under that law. Bangladesh should avoid repeating this mistake regarding the CED.
On the other hand, the government should involve different civil societies, victims’ representation, and other stakeholders in the process of adopting such legislation.
Since enforced disappearance is a state-sponsored crime, Bangladesh will be obligated under the CED to establish a special mechanism to investigate such crimes in the future. Special attention should be given to ensuring that this mechanism operates effectively, as it will be under the scrutiny of the committee.
Bangladesh will be the first nation in South Asia to become a party to all nine core human rights treaties
As highlighted earlier, Bangladesh’s decision not to make any reservations upon acceding to the CED deserves special appreciation. A reservation-free CED will empower the committee to request urgent actions under Article 30 or conduct visits under Article 33 in relation to Bangladesh. These provisions are crucial for ensuring the proper implementation of the CED. In particular, the existence of such mechanisms will function as a check against prevalent practices by law enforcement agencies.
Despite the late accession to the CED, Bangladesh will still be obligated to investigate and prosecute crimes committed prior to its accession, in accordance with the well-established principles of various human rights bodies, including the committee. This is because enforced disappearance is a continuous crime and violates multiple obligations under treaties to which Bangladesh is a party, including the ICCPR and UNCAT.
Additionally, enforced disappearance is a crime under the Rome Statute, to which Bangladesh has been a party since 2010. In other words, the crime of enforced disappearance has already attained the status of customary international law. Therefore, the interim government’s decision to establish an investigative commission is fully aligned with its international obligations under the CED and other human rights treaties.
Accession to the CED is a small step for the interim government, but if implemented properly, it will be a giant leap in protecting human rights in the country. It will also be critical in repairing Bangladesh’s questionable image regarding adherence to human rights norms from the past regime.
It is worth mentioning that Bangladesh will be the first nation in South Asia to become a party to all nine core human rights treaties. With this development in mind, Bangladesh should reconsider accepting the jurisdictions of other human rights compliance mechanisms to further strengthen its human rights protection system.
Quazi Omar Foysal is an international law expert, currently serving as a Lecturer in Public International Law at American International University-Bangladesh. He holds three LLMs from the University of Dhaka (Bangladesh), the Geneva Academy (Switzerland) and the Catholic University of Louvain (Belgium), respectively.