ARTICLE 19, a UK-based international human rights organization working on freedom of expression and the right to information, has expressed deep concern about the Bangladesh government's recent initiative to monitor mobile, internet and social media through controversial technologies without having specific rules.
Recently, Home Minister Asaduzzaman Khan said in parliament that measures have been taken for “legally” monitoring of mobile and social media, according to a press release issued on Tuesday.
He gave this information amid various discussions and criticisms about the news of the purchase of modern Israeli surveillance equipment.
In a statement issued to the media on Tuesday, Faruq Faisel, regional director of ARTICLE 19 South Asia, said: “Law enforcement agencies in Bangladesh have been accused of illegal surveillance of mobile phone conversation and social media activities for many years. In several cases, the leak of phone conversations of civil rights activists, political leaders and general citizens has created great concern among people.”
“In such a context, the government's recent initiative to increase surveillance on mobile, internet and social media without specific rules will undermine several constitutional rights of citizens including the right to personal and family life, privacy, reputation, freedom of expression, dissent, life, and property. Such an initiative before the national election will increase fear among the people,” he added.
“Surveillance and monitoring activities cannot be carried out indiscriminately. Only activities of a specific person or groups can be monitored for a certain period of time for specific reasons defined in the law,” Faruq said.
“According to Article 17 of the International Covenant on Civil and Political Rights, 1966, states have an obligation to protect every citizen from arbitrary interference with his privacy, family, home or correspondence, or from unlawful attacks on his honour and reputation. In addition, the state will ensure the right of citizens to seek legal recourse against such interference or attack,” he added.
In this regard, he further said: “The government can conduct surveillance as per law to address terrorism and extremism and to ensure state security. However, an independent oversight body including the judiciary and civil rights activists is required to oversee whether surveillance activities conducted by the executive branch of the government are carried out lawfully and transparently.”
According to Section 71 of the Bangladesh Telecommunication Act, 2001, surveillance is a punishable offence. However, through a 2006 amendment, Section 97(A) of the act empowered law enforcement agencies to record telephone conversations and messages in the interest of national security or public order. The act did not include any provision for taking prior permission from the court to conduct surveillance.
Besides, the act provides impunity for activities conducted in “good faith” under it, ARTICLE 19 said.
There are allegations that the government is conducting illegal surveillance against rights activists, dissidents and political opponents, it added.
As a result, there is a possibility of illegal and arbitrary use of surveillance by the government to suppress dissenters, political opponents and general citizens by using law enforcement agencies. At present, citizens have no recourse at law to take legal actions against any arbitrary and unlawful surveillance.
ARTICLE 19 called on the government to develop a comprehensive rule involving all stakeholders comprehending international standards to conduct surveillance by law enforcement agencies and called for a postponement of surveillance using this technology pending the formulation of such rules.
