The threatening climate for human rights defenders in recent months should be raising alarm bells. Increasing violence is being used by law enforcement agencies, student activists, and members of political parties to deter citizens’ protests; human rights defenders play a vital role in safeguarding democracy, promoting the rule of law and good governance. They alert us, so the public can take necessary action.
According to the Declaration of Human Rights Defenders, the state is obligated to create the necessary conditions for an environment which is conducive to the work of human rights defenders, including in the political and legal domains. As the primary duty of the state is to promote and protect human rights and fundamental freedoms, it has to protect the rights of defenders from violations committed by the state and non-state actors. Defenders face high risks in documenting and monitoring the situation of human rights.
Hana Shams Ahmed, a member of the Chittagong Hill Tracts Commission, was attacked on August 26, 2014 for the second time in a space of two months. Earlier on July 5, she was in a vehicle in which Sultana Kamal, Executive Director of ASK, Sara Hossain, a human rights lawyer, honorary director of BLAST, and Iftekharuzzaman Ahmed, executive director of Transparency International Bangladesh were travelling to Rangamati to assess the security concerns of the indigenous people in the Chittagong Hill Tracts.
Bricks and stones were hurled at the car, shattering the glass and causing injuries to Lira Dewan, CHT Commission activist, and Iftekharuzzaman. Both attacks had taken place despite the presence of law enforcement officials.
On August 6, 2014, human rights defenders, who supported the hunger strike of Tuba Garments Factory workers who were not paid two months’ salary, were brutally assaulted when attempting to take supplies into the factory which had been guarded by the police.
On the ninth day of their hunger strike, workers were confined without any access to saline or medical supplies. Anthropologist Saydia Gulrukh, Dhaka University teacher Samina Lutfa, newspaper reporter Faruk Wasif, and labour union leader Shabnam Hafiz were among many others who were subjected to a severe police beating in what was a non-violent protest.
The police brutality was obviously disproportionate, an emerging pattern in the excessive violence the police are prepared to use on female activists is shocking. What was also observed was the impunity of the ruling party activists who, like hired goons, assaulted the workers.
Journalists are vital human rights defenders we often forget about, they are the vigilant mouthpiece of the general public, we rely on them for accurate information regarding incidents or threats to our democratic rights and entitlements. This year has seen an unstable environment for journalists, including a number of recent attacks and threats on journalists. ASK figures show there were 133 reported incidents between January and July 2014.
Can NHRC walk the walk?
Ain o Salish Kendra makes an annual submission to the Asian NGO Network on National Human Rights Institutions regarding the effectiveness and performance of the National Human Rights Commission. The commission in Bangladesh does have the mandate to protect and promote human rights; it was established after many years of campaigning by civil society and the international community.
It has been vocal on many issues, but the commission has maintained silence on the protection of the defenders. We expect the NHRC to play a crucial role to guide and advise the government on their human rights obligations.
Where the NHRC has the authority to enquire into legal cases and investigate complaints, they can provide effective protection in cases where alleged violations against defenders have occurred, especially by state actors. The NHRC is supposed to advise the government on existing laws that are not in conformity with human rights standards and to assist in drafting legislation for the protection of human rights and its defenders.
The government needs to be responsive to the recommendations of the NHRC. There is much bold talk, but very little can be observed when it comes to implementation.
When it comes to claiming and defending rights, exercising public freedoms is essential. Defenders have to be able to exercise their rights to freedom of opinion or expression, freedom of association and peaceful assembly without undue restrictions in law or practice.
How long will we allow the state to evade the fundamental role of protecting and promoting the role of human rights defenders? A systematic pattern of attacks and threats on human rights defenders is intimidating, while a sinister climate of fear and silencing is encouraged, as the state delays in reinforcing strong action. We need to be more than vigilant – the attack on human rights defenders is a red alert.
It has come to a point where we all have to take on the responsibility for the defence of human rights, as there is an extensive assault on the rights, ideals, and philosophy this country was born with. If we allow this to continue, we will be complicit in allowing the destruction of the free, fair, and democratic Bangladesh our freedom fighters and forefathers had fought for. Don’t forget, this country was built by human rights defenders.
