The transition from autocracy to democracy that we are currently undergoing has been described by United Nations Human Rights Chief Volker Türk as "a historic opportunity to ensure governance is anchored in human rights, inclusivity, and rule of law." In a statement on August 16, he added, "The transition ahead presents a historic opportunity to reform and revitalise the country’s institutions, to restore fundamental freedoms and civic space, and to give all in Bangladesh a part in building the future." As we move forward with several reform agendas that can be implemented within a short timeframe, it is essential to have a national conversation on what "governance anchored in human rights" should truly look like.
Despite repeated denials by successive governments since independence, numerous UN human rights reports have documented various violations and shortcomings in political, social, and cultural rights. The past 15 years, however, have seen the most severe narrowing of civic space, heightened surveillance, intimidation, and reprisals that often led to self-censorship. We have never before experienced so many alleged incidents of enforced disappearances, extrajudicial killings, and torture in custody. Rather than accountability for these violations, officials responsible were often rewarded for their misconduct. Over-regulation of NGOs and broad restrictions on freedom of expression further hindered their effectiveness. Violence against women, including sexual violence, remained prevalent, with accountability often tied to political identity.
Since the interim government led by Professor Muhammad Yunus took office, several long-overdue steps have been initiated. Among the most significant is the signing of the instrument of accession to the International Convention for the Protection of All Persons from Enforced Disappearances. The formation of an independent commission to investigate all alleged incidents of enforced disappearances has also been a highly anticipated action, garnering broad support both nationally and internationally. Another crucial step has been allowing UN investigators to examine alleged atrocities and human rights violations committed during the Hasina regime’s failed attempt to suppress the July uprising.
While the UN investigation may help establish facts surrounding the brutality and use of excessive force, as well as identify those responsible for crimes against humanity, the question of ensuring justice remains uncertain. The government’s slow response in determining the judicial process, establishing the investigation and prosecution offices, and ensuring their capacity to function is far from convincing.
This has been reflected in the indiscriminate private prosecutions initiated by victims’ families, allegedly influenced by the police, which many legal experts fear will be counterproductive. Failure to hold the perpetrators of these heinous crimes accountable would represent a grave failure of governance based on human rights.
Recently, the interim government has faced increasing criticism for its apparent inability to restore peace and order following the collapse of the autocratic regime. Supporters and sympathisers of the transitional administration, particularly politicians from parties instrumental in toppling the previous regime, have begun expressing frustration publicly. Recent outbreaks of violence in the Chittagong Hill Tracts, labour unrest, and mob attacks present serious challenges to the transitional administration, which is already grappling with numerous pressing needs.
Mob lynching incidents, including one involving the country’s top three universities, have further fuelled public unrest. Additionally, reprisals against activists and associates of the fallen regime have continued unabated, despite calls from the advisory council to refrain from taking the law into their own hands. Violence against minorities remains a concern as well, though many victims have been targeted for their historical association with the Awami League rather than their religious beliefs.
Some argue that violence has long been a part of the country’s politics and social culture, citing examples like mob lynchings based on suspicion of child abduction. Data compiled by the rights group Ain o Salish Kendra in July 2019 reported at least 32 deaths in the first six months of that year, compared to 24 during the same period the previous year. Violent attacks on political opponents, whether acts of aggression or reprisals, have also become entrenched in the political culture, largely due to impunity.
In any civilised and democratic society, such incidents are not only unacceptable but also preventable, as functioning accountability mechanisms dissuade people from taking the law into their own hands. However, in a state where institutions have long been degraded into tools of suppression and oppression by an autocratic regime, the collapse of the government is unavoidably chaotic. Years of despair and disdain among the population have made violent reprisals inevitable, and the post-Hasina transition is proving no different.
This, however, does not justify the cruel and extreme attacks. All such incidents must be thoroughly investigated, and offenders brought to justice. Being a victim of historical abuses does not, and should not, mitigate the criminal liability of perpetuating violence. The vicious cycle of violence must end, and there is no better opportunity than during a transition led by a non-partisan administration. Governance based on human rights must begin with the restoration of the rule of law.
Given that nearly half of the existing police force were recruited under the previous autocratic regime, with political allegiance—whether through association with its student wing, Chhatra League, or family ties to AL activists—as their primary qualification, it is unsurprising that their loyalty to the new administration has been lacking. This was evident in a report by the Prothom Alo, in which a contingent deployed to maintain public order refused to carry out lawful orders from commanding officers to disperse a small number of government employees blocking traffic at a busy intersection in Dhaka. While reforming and reorganising the police force may take months, if not years, alternative measures such as new recruitments following the army’s short-course model and exploring creative social initiatives, like those previously used to counter robberies, should be considered.
Additionally, prioritising straightforward steps based on international recommendations should be a focus. One such step is the creation and empowerment of an independent body to address complaints against law enforcement agencies, including the police. An expert committee, with UNDP assistance, made similar recommendations long ago, and this was also part of the reform proposals presented during the last Universal Periodic Review of Bangladesh’s human rights situation. Until police are no longer allowed to investigate themselves for abuses of power, such as torture and degrading treatment, custodial deaths will continue to occur. Reports of alleged custodial deaths post-autocracy remain a significant concern.
It is also disheartening that victims of the notorious Digital Security Act (DSA) continue to face the hardship of attending court proceedings and covering legal costs, despite the fact that the law has been replaced due to its repressive nature. By now, all cases under the DSA should have been withdrawn, particularly given that one of the most prominent victims of this draconian law now serves on the advisory council. There have been international calls to scrap or amend the Cyber Security Act (CSA), which replaced the DSA. Hopefully, the interim government will heed this advice.
Another urgent area requiring attention is the empowerment of the National Human Rights Commission (NHRC). For too long, the NHRC has failed victims of abuse by the state and the powerful, having become little more than a retirement home for favoured bureaucrats of the fallen regime. Updating the rules to adequately empower the commission must be prioritised and not left to the future government.
(Published in the Daily Star’s special supplement The Great Wave on October 5, 2024.)
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