Dhaka, October 30:The UN Human Rights Commissioner, Volker Türk, who concluded a two-day visit to troubled Bangladesh called for fair trials of those charged of wrong doings during the reign of Sheikh Hasina and called for reparations for the victims of human rights abuses.
Turk said that he saw for himself the “legitimate pain and anger of victims, their loved ones, and society-at-large” and said that the tragedy “requires a comprehensive approach that includes fair criminal trials, truth-seeking processes, reparations for victims and initiatives to memorialize and preserve the history.”
“This time, there must be justice. This time, reforms must be sustainable and durable, so that the abusive practices of the last decades are not repeated. Enough with the silencing of dissenting voices,” Turk said.
“Enough with the acute inequality, discrimination, corruption and abuse of power that had taken hold in the country,” as human rights and social justice were the core of the agitators’ demands.
Saw Hope
Despite the grief and sense of loss, there was palpable hope that this time, through this transition, things will be different, Turk said.
“This time, there must be justice. This time, reforms must be sustainable and durable, so that the abusive practices of the last decades are not repeated, ” the High Commissioner said.
“There are real opportunities, and certainly high expectations, for fundamental change for the better – for a new approach to governance, development and economic policies grounded in human rights, drawing on the achievements of the recent movement and building strong foundations to overcome divisiveness, discrimination and impunity, cycles of revenge and retribution, marginalization, corruption, and gross human rights violations must be consigned to the past.” He added.
“And my Office, the UN Human Rights Office, is here to do everything for Bangladesh to succeed in this regard.” Turk assured.
“Students conveyed to me that they had no choice but to take to the streets as there was no outlet through the State’s mechanisms for their concerns to be heard. To restore social cohesion and trust in institutions of the State, it will be crucial to rebuild the civic space that was progressively strangled in recent years.”
Contours of Reform
This will require reforming repressive laws, as well as State institutions that have been in the habit of stifling dissent, Turk said.
“Old habits die hard – only systemic change will ensure that the freedoms of expression, of association and peaceful assembly and the right to political participation are respected. I welcome steps taken to repeal the Cyber Security Act, and to withdraw old cases of speech crimes under this law and the Digital Security Act,” he noted.
He called for an “inclusive approach, where every voice is heard and valued irrespective of class, gender, race, political ideology, identity or religion, will be key – reflecting the aspirations and diversity of the movement that sparked this transition.”
Women and Minorities
“Women are at the heart of social justice movements, including the protests in July. And I pay tribute to them. They must be at the forefront during the transition and beyond. Women need to be visible, particularly in leadership and decision-making positions.”
“The participation of ethnic and religious minorities in the reform structures, as well as of Indigenous Peoples, is also crucial,” Turk emphasized.
HE welcomed statements by Chief Advisor Dr. Muhammad Yunus that reinforce Bangladesh’s commitment to human rights, to social justice, and accountability, that acknowledge the need for comprehensive reforms in various institutions, including law enforcement, as well as the need to address economic inequalities.
“The rapid establishment of commissions to recommend reforms in the judiciary, the election system, the administration, police, the constitution and an Anti-Corruption Commission is commendable, and I understand further commissions are being formed on health, media, labour rights and women’s affairs. “
“In my discussions today with several of the commissioners, we discussed the importance of trust-building, inclusivity and the lessons that Bangladesh can draw from experiences in other countries that have grappled with similar issues.”
Reforms
All these reforms could be a powerful step towards easing decades of intense political division in the country and curbing the patronage politics that have weakened its democratic foundations, Turk said.
The pursuit of justice for the brutal violence against protestors and other people – including children – killed and seriously wounded in July and August is a priority.
Today I visited Nitol Hospital, where some of the students who were shot while participating in protests in July are still undergoing treatment, often requiring multiple surgeries.
Healing
After any period of repression, upheaval and violence, there needs to be a national process of truth and healing to move forward. With so many cases to manage from just the recent past, criminal justice can only provide part of the answer. The legitimate pain and anger of victims, their loved ones, and society-at-large requires a comprehensive approach that includes fair criminal trials, truth-seeking processes, reparations for victims and initiatives to memorialize and preserve the history.
The graffiti art around the protests and Dr Yunus’ visit to the site of a notorious secret detention facility, Aynaghor, which will now be turned into a museum, are powerful contributions to memorialization.
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Enforced Disappearances
I welcome Bangladesh’s ratification of the Convention on Enforced Disappearances, and the appointment of a commission of inquiry. I met with the commission, which needs full support – both at the national level but also the international level – and sufficient time to clarify the fate of the victims and to support survivors.
Decries Kangaroo Courts
Criminal justice is key, but it is crucial to ensure that charges are not brought in haste, and that due process and fair trial standards are upheld throughout, including in the International Crimes Tribunal. I found the interim government to be aware of the problems with the proceedings in the International Crimes Tribunal in the past. My Office has provided comments on amending the ICT law, to bring it into line with international standards and to ensure the right to fair trial, and that justice is served without compromising due process. We will be looking at other ways that we can accompany and support this process. I hope there will also be a public discussion on the use of the death penalty in the future. My own view, informed by the law and by evidence, is clear: the death penalty should be relegated to the past.
It is key that criminal cases are not filed against individuals solely on the basis of their previous political affiliation, including members or supporters of Awami League.
There are concerns that some charges are not founded on proper investigation, including a large number of murder charges against journalists. It is important not to repeat the patterns of the past. I welcome the creation by the interim government of a committee to look into this matter as a tool to address the possible proliferation of false cases. It is essential to prioritize due process.
Transitions are always fraught with risk – and this is all the more pronounced for vulnerable groups. I commend the efforts made by students and others to protect minorities. And our fact-finding mission is investigating allegations of attacks against minorities between 5 and 15 August. It is vital that the authorities respond quickly to any incidents reported, by conducting thorough investigations and holding perpetrators accountable. This will help build trust with minority communities, especially in light of troubling campaigns of misinformation and disinformation as well as hate campaigns on social media.
Non-Recurrence
Beyond this, there must be guarantees of non-recurrence – measures to ensure that this can never happen again, Turk said.
“I encourage national dialogue to design such a process, which can find inspiration in some of the initiatives already taken by students to ensure healing.”
Rohingyas
In his discussions with the interim authorities, Turk expressed support and solidarity for Bangladesh in hosting Rohingya refugees.
“The situation in Rakhine State, which I’m sure all of you are following, is only growing worse, and I was told there are new arrivals to Bangladesh. It is important to take a flexible and humanitarian approach, and to ensure non-refoulement and the protection of new arrivals. It is critical to ensure security in the camps, as well as access to livelihoods and education. I am doing everything I can to galvanise the international community to focus on this issue, to support Bangladesh, and to step up the search for solutions,” Turk said.
The UNHR Commissioner noted that the interim government has inherited massive challenges on all fronts, including economic, development, social, political and the rule of law. Transitions are always complex. And expectations are high. Time is of the essence, but longstanding issues take time to resolve.
“The coming months will not be easy, but the spirit of the student protests and the momentum for lasting change must be sustained. Realising the promise of human rights will require courage and strength, but it will build trust and help to heal old divisions. It is crucial that the strong winds of change are harnessed and directed with human rights as the compass,” he observed.
UNHRC Presence
Turk said that he was encouraged that in many of my discussions, there was a call for enhanced support of my Office, including through a strengthened presence. We look forward to concluding the discussions on the modalities of our enhanced presence in Bangladesh with the interim government.
“The invitation for my Office to deploy a fact-finding mission on human rights violations in the context of protests which took place in July and August this year was an important initiative by the interim authorities. A stronger presence in Bangladesh will enable my Office to accompany and support the transition process in this area and in other areas, including by offering advice on legal, institutional, economic and social reforms, transitional justice, reconciliation, and healing.”
In conclusion, Turk said: “It is a priority for my Office to support this dynamic, diverse country and its people through this period of transition, and to do everything we can to help ensure the protection and promotion of human rights for all in Bangladesh.”
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