HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF BANGLADESH

The Human Rights Committee today concluded its consideration of the initial report of Bangladesh on its implementation of the provisions of the International Covenant on Civil and Political Rights.

Presenting the report of Bangladesh, Anisul Huq, Minister for Law, Justice and Parliamentary Affairs of Bangladesh, said that Bangladesh had acceded to the International Covenant on Civil and Political Rights in 2000 and submitted its first report in 2015. Bangladesh had been born in 1971 after a heroic armed struggle against Pakistan. The birth of a sovereign country had been premised on the restitution of certain inalienable fundamental rights to its people who had been denied these rights during colonial times. That was why, after emerging as an independent country, in less than one year, Bangladesh had adopted a Constitution which was committed to international law and to the principles of the United Nations Charter. That true spirit of liberation, however, had been obstructed before it could reach a stable track, namely in 1975, when the Father of the Nation, Bangabandhu Sheikh Mujibur Rahman, had been brutally killed, thus reversing the course of the country and allowing for an era of assassinations, military and quasi-military regimes. A short restoration of democracy and rule of law had occurred in 2000 when the country acceded to the International Covenant on Civil and Political Rights, which had been followed by another regime change with no human rights commitment. It was not until the present Government had taken office in 2009 that the implementation of the Covenant was made a priority, after which the initial report had been submitted in 2015.

In the ensuing discussion, Committee Experts commended the efforts of the Bangladesh on the promotion and protection of human rights. Experts were concerned about children’s rights, and in particular child labour, as well as women’s rights and the practice of “fatwa” or extrajudicial punishment by local councils. Another area of concern were electoral procedures and rights, rights of human rights defenders, labour rights, the rights of lesbian, gay, bi-sexual and transgender individuals, and the rights of ethnic minorities. In particular, they raised questions on the Rohingya refugees from Myanmar, and their relocation to Thengar Char island, as well as the Chittachong Hills Tract peoples who had not been recognized as indigenous peoples and who had issues regarding their land rights. Experts also asked questions regarding the work of the International Crimes Tribunal of Bangladesh, and were highly concerned about the mass trials, death sentences and due process of law surrounding the February 2009 mutiny involving the Bangladesh Rifles Border guards.

In concluding remarks, Mr. Huq thanked the Committee for having given him the opportunity to be in the dialogue, which had been an intense learning opportunity.

Ahmad Amin Fathalla, Committee Vice-Chairperson, in closing remarks, thanked the delegation for their participation, and looked forward to hearing about the implementation of the State party plans, including on the elimination of child labour by 2015.

The delegation of Bangladesh included representatives of the Ministry for Law, Justice and Parliamentary Affairs, the Ministry of Chittagong Hill Tracts Affairs, the Ministry of Home Affairs, the Ministry of Women’s Affairs, the Prime Minister’s Office, the Ministry of Labour, the Election Commission Secretariat, the Dhaka Metropolitan Police, the Ministry of Foreign Affairs, the Prison Directorate and the Permanent Mission of Bangladesh to the United Nations Office at Geneva.

The Committee will next meet at 3 p.m. today, to consider the third periodic report of Serbia (CCPR/C/SRB/3).

Report

The initial report of Bangladesh can be read here: CCPR/C/BGD/1.


Presentation of the Report

ANISUL HUQ, Minister for Law, Justice and Parliamentary Affairs of Bangladesh, said that Bangladesh had acceded to the International Covenant on Civil and Political Rights in 2000 and submitted its first report in 2015. Bangladesh had been born in 1971 after a heroic armed struggle against Pakistan. The birth of a sovereign country had been premised on the restitution of certain inalienable fundamental rights to its people who had been denied those rights during colonial times. That was why, after emerging as an independent country, in less than one year, Bangladesh had adopted a Constitution which was committed to international law and to the principles of the United Nations Charter. This true spirit of liberation, however, had been obstructed before it could reach a stable track, namely in 1975, when Bangabandhu Sheikh Mujibur Rahman had been brutally killed, thus reversing the course of the country and allowing for an era of assassinations, military and quasi-military regimes. A short restoration of democracy and rule of law had occurred in 2000, when the country had acceded to the International Covenant on Civil and Political Rights, which had been followed by another regime change with no human rights commitment. It was not until the present government had taken office in 2009 that the implementation of the Covenant was made a priority, after which the initial report had been submitted in 2015.

Secularism had been restored as one of the fundamental principles of state policy, and provisions had been incorporated to declare the “act of abrogation or suspension of the Constitution” as sedition and publishable by law. The independence of the judiciary was critical, and a number of institutional reforms had been undertaken in that respect, including strengthening the rule of law and good governance. The establishment of institutions like the National Human Rights Commission, the Law Commission, the Anti-Corruption Commission, and the Information Commission were examples of such reforms. Gender mainstreaming was one of the major policies. Apart from ensuring constitutional safeguard mechanisms on non-discrimination on the grounds of sex, affirmative action measures had been undertaken for gender mainstreaming in national development efforts through introducing a gender sensitive budget, arranging for literacy programmes, increasing representation in the workforce, ensuring economic emancipation, and enhancing political representation. Initiatives such as the fifteenth amendment to the Constitution had granted for the first time constitutional recognition of ethnic and tribal groups. Implementation of the Chittagong Hill Tracts Peace Accord, concluded in 1997, remained a priority. Bangladesh was one of the most liberal countries in the world in terms of freedom of press, with numerous media outlets.

Regarding allegations against the law enforcement agencies, Mr. Huq requested the Committee members to regard those criticisms from the perspective of realities on the ground. Addressing the incidents of widespread violence which had been orchestrated by the BNP-Jamaat during the ninth parliamentary election in 2013 and during the first anniversary of the current Parliament in 2015, Mr. Huq stated that indiscriminate attacks on innocent civilians with petrol bombs, arson, destruction of public property, and disruption of national transportation system had all posed a major threat to public order and safety. During 2015 and 2016, there had been sporadic incidents of targeted killings by homegrown terrorist and extremist groups, which represented a daunting challenge. The Government had taken meaningful actions to bring incidents of extra-judicial killings, enforced disappearances, and torture in custody to a very low level. In the period 2015-2016, the number of casualties by the Rapid Action Battalion had been brought down to 24 from 261 in the period 2005-2006.


Questions by Experts

An Expert stated that the detailed nature of the report showed that Bangladesh was willing to respect a number of human rights standards. Referring to the doctrine of incorporation of the provisions of the Covenant, he noted that treaties were not automatically incorporated into the legal system in Bangladesh. Many of the laws, however, including those on the civil procedure, criminal procedure, children, birth registration, had been adopted prior to the accession of Bangladesh to the Covenant. How could those be considered laws of incorporation if they were adopted prior to accession to the Covenant?

According to the law, a person could apply to the High Court Division in case of any violation or apprehension of violation of fundamental rights. Was that a direct remedy, provided for in the Constitution? What was the procedure in cases where the subject was a victim of violation of human rights?

What was the procedure for the appointment of the National Human Rights Commission?

The Committee had been told that the Anti-Terrorist Act of 2014 had been used against human rights defenders and journalists. The misuse or abuse of laws had been exacerbated by the Parliament’s adoption of that act, which provided for the death penalty for the funding of terrorist activities. The Expert asked the delegation to assuage the fears of the Committee regarding that act, as well as the Terrorist Act, the Information and Communication Technology Act, the Special Powers Act, which were all potentially abused or misused.

Another Expert welcomed the Discrimination Bill of 2015. What was its status? Had it been tabled before the Parliament? How long had it been pending? Did the Citizenship Act of 1951 apply to children born on the territory of Bangladesh, and, if not, why? There were statutory provisions that empowered women in marriage. What were the restrictions with regard to status in the Special Marriage Act? Entry into marriage and the dissolution of marriage were regulated by religious laws which were discriminatory against women. What was the women’s share of the inherited property and matrimonial property? Were all marriage shares registered? Was Hindu marriage registration compulsory or optional? Was it true that Hindi women had no right to divorce? Regarding traditional marriages, how were child marriages monitored if those were not registered? How was the dowry issue monitored? Regarding foreign marriages, did a foreign man married to a Bangladeshi woman enjoy the same rights as a Bangladeshi man married to a foreign woman?

How many persons with disabilities had been registered, asked an Expert.

Question was also asked on the percentage of female parliamentarians, female ministers and female ambassadors.

What was the status of the new bill on child marriage and how long had it been pending? The bill allowed marriage of girls below the age of 18 in cases where special circumstances warranted that. What was the minimum age according to that bill, and what were the special circumstances?

What measures were in place to put an end to the caste system and the situation of religious and ethnic minorities, as well as indigenous peoples, with regard to discrimination?

The “exception of the termination of pregnancy” was in place to save a woman’s life, but what if the pregnancy was a result of incest or rape, or if the fetus had abnormalities? Were those regarded as exceptions?

What was the status of the lesbian, gay bi-sexual and transgender community with regard to discrimination?

On domestic violence, the delegation had given numbers on sexual domestic violence and harassment. Had all these cases been investigated, had the perpetrators been punished, and what types of penalties had been imposed? What type of compensation had been awarded to the victims, asked an Expert.

Another Expert asked a series of questions regarding arbitrary killings, enforced disappearances, and excessive use of force. Acknowledging efforts on the investigation of 2,516 members of the Rapid Action Battalion, the Expert noted that a disturbingly high rate of killings, by both state and non-state actors, as well as enforced disappearance, had been relayed to the Committee. Could the delegation provide the Committee with data on the number of excessive use of force committed by police officers, soldiers or Rapid Action Battalion members? Could the number be given of investigations conducted? How many habeas corpus actions for a claimed case of enforced disappearance had been registered? What steps were in place to enforce legal provisions on enforced disappearances?

The delegation had provided information on investigations regarding the deaths during the elections of 2014 and allegations of excessive use of force thereof. The Expert now asked the delegation to provide more information on the allegations of injuries.

On the right to life of bloggers and journalists, the Committee appreciated the information provided, however it had received information that a number of individuals had reported harassment to the police, which the police had ignored. Seven bloggers had been murdered. Could the delegation provide updated information regarding investigations where charges had not been brought? How many of the group of 84 bloggers had requested protection, and what type? What measures were installed to protect those individuals from harassment and murder?

The Expert lamented that the death penalty continued to be enacted in cases that were not high crimes, such as adulteration of food or smuggling, and producing or using intoxicant materials. Those were not considered as the most serious crimes under which the death penalty might be available under the Covenant. What plans did Bangladesh have to limit the death penalty to the most serious crimes under the Covenant? Was Bangladesh considering a de facto or de jure moratorium on the death penalty?

Another Expert asked a series of questions regarding prison conditions, including death in custody. In particular, she asked the delegation to respond to the allegations of a high number of deaths in prison, which had been reported as “natural deaths,” but which were presumed to have been perpetrated by law-enforcement authorities. The Expert wished to know who was competent within the prison to determine the causes of death and what steps were undertaken to counter the acts of violence by law-enforcement authorities. What procedural and institutional guarantees were in place to investigate and prosecute conduct by the police and other state officials?

The Expert also asked the delegation to give precise information on the Torture and Custodial Prohibition Act of 2013. The Committee had received information that civil society had requested a repeal of that Act.

An Expert thanked the State Party for the detailed responses on preventing and combatting human trafficking and asked about main grounds for acquittals in such cases. Were the training programmes offered only to the police and were there plans to expand them to other sectors? According to the information received by the Committee, politicians, police and border security forces used a token system to allow traffickers to evade arrest. Between 2012 and 2016, only one case had been filed in which allegations of human trafficking had been brought against a government employee. What efforts were being made to address the problem?

Another Expert asked the delegation to address the question of abortion which was banned under the criminal law.

An Expert asked the delegation to consider whether the legal provision that criminalized homosexuality compromised the ability of members of the lesbian, gay, bi-sexual and transgender community to file complaints regarding abuse and discrimination.

An Expert asked whether the Government considered borrowing some of the definitions from the Covenant to recognize enforced disappearance under domestic criminal law.

Replies by the Delegation

Referring to the question on the Covenant’s implementation, the delegation stated that the Government had tried to modernize the old laws, and had enacted a series of laws since 2009 which implemented the principles of the Covenant. Those, as well as many others, were all laws, policies and rules that adhered to the principles laid down by the Covenant. Any human rights violations could be raised with the Supreme Court in Bangladesh, and steps would be taken to punish those. Any laws inconsistent with the principles laid down in the fundamental rights would not be implemented and would be considered void. Discrimination on the grounds of religion was not possible. There were safeguards to ensure freedom of movement, freedom of assembly, freedom of occupation, right to property and other freedoms.

The appointment of the Members of the Human Rights Committee was made through the nomination by a committee was established specifically for that purpose, which included, inter alia, members of the Parliament and the Ministry of Justice. The Committee sent the nominated members list to the President of Bangladesh, who, in turn appointed the Members from among the list.

The Anti-Terrorism Act had not started functioning, mainly due to the fact that it called for an Anti-Terrorism Court, which had not yet established. It was the Cruelty to Women and Children Tribunal which dealt with those issues.

Regarding the specific case of Mahmudur Rahman, it was explained that he had been struck on three counts – one of which was publishing a false photograph of the Holy Kaaba and publishing false information, with the desire to instigate violence. The case was now under investigation. A fourth case had been filed against him for a crime committed in the United States. Nevertheless, he had been granted bail.

Marriage was regarded as a personal law – different religions had different marriage ceremonies. The registration of Hindu marriage was optional. The Government was trying to resolve that through dialogue. In the Hindu religion, there was no provision for divorce. The Government had tried to launch such a provision, but had received strong opposition from the conservative Hindu community. In Islamic Law, daughters inherited half the share of their brothers, but educated families were increasingly giving their daughters and sons the same share of inheritance.

The Child Marriage Restraint Act had been enacted in 1929, and the Government had undertaken the act of modernizing it. According to the amendments, no girl below the age of 18 and no man below the age of 21 could be married. If a girl became pregnant and was not married, she could not go anywhere. That was the reason for the exceptional circumstances provision, whereby her guardians could marry her off even if under the age of 18. The Court was legally the guardian of minors. Child marriage was monitored by the lowest unit – the marriage registrar; if the registrar registered a child marriage, he would lose his license and be punished by law.

Habeas corpus was provided for by Article 102 of the Constitution, and Section 492 of the Code of Criminal Procedure. There were no habeas corpus cases at present.

The Special Powers Act had been enacted in the 1974, when there had been many cases of detainment without a trial. Following a movement to repeal the Act, a sizeable reduction of cases had been recorded. Since 2009, no case had been recorded.

Regarding the representation of women in the political system, according to the law, 23 percent of the leadership in political parties had to be women. The top four members of the current hierarchy in place were women. One judge out of eight in the Appellate Division of the Supreme Court was a woman.

The delegation explained that the Citizenship Act of 1950 was being amended by a bill that would soon be adopted. That would grant citizenship to men and women through marriage, to expatriates, to domiciled persons, and so forth.

Enforced disappearances were defined as abduction and kidnapping, and had same definitions as in the Covenant. Many of the accused in the human trafficking cases were acquitted, which was being addressed by the Government. Priority was given to ensuring safety of the victims. The existing laws did not provide immunity for the violation of laws by any law-enforcement agency members. Recently, 27 Rapid Action Battalion members had been tried; nobody was above the law, all criminal cases were tried, and due process was followed. If it was found through investigation that any law-enforcement agency member had violated the law, legal actions were undertaken. To date, from the inception of the Rapid Action Battalion, over 2,516 members had been investigated.

Regarding the bloggers, in particular the 84 bloggers who had received death threats, the difficulty was that many cases were not reported. The Government had established a Special Working Group to treat the complaints by those individuals.

There was no punishment by the death penalty for petty offences. Murder and smuggling of drugs called for the death penalty. Without a confirmation from the Supreme Court, no execution could take place by a Trial Court. From 2009 to date, a total of 35 persons had been hanged. On limiting the death penalty, the delegation stated that the law would not be abolished, however the new laws which called for serious crimes, would not have the death penalty as a punishment but rather the imprisonment for life.

Regarding death in prisons, the 291 natural deaths recorded in 2016 were from either illness or old age. Only two cases of suicide had been recorded that year. With a population of 78,000, it was understandable that 291 natural death cases should happen. In cases of death, a committee would be immediately formed to establish the causes of death, under the supervision of a civil servant. Two new prisons had been established which would improve overall prison conditions.

Members of police force, border guard, village defense, non-governmental organisations and human rights activist all received training with regard to human trafficking. The Government had taken the initiative for countering trafficking by regulating the costs and administrative procedures for individuals wanting to travel abroad. That included providing services for passport, air travel, and medical treatment for a cost of 40,000 dhaka for traveling to Malaysia, which did not have to be paid until the individuals started receiving their salary when abroad. A bank dedicated to helping citizens go abroad had also been established, from which citizens could take a loan. That had diminished the human trafficking business.

Questions by Experts

An Expert asked a series of questions with regard to labour rights. What practical measures were in place for the protection of domestic workers? How was the State party planning to address the issue of forced labour in practice, and what plans were in place to strengthen the legislative framework to that effect? The Expert commended the amendments in the Labour Act towards improvement of work and safety conditions following the 2013 accident in a factory. Could more information be provided on the right to participate in and form trade unions, the number of such trade unions, and whether and what charges could be brought against employers who obstructed the right to form and participate in trade unions?

Another Expert asked for a clarification on the preventive detention regime under the Special Powers Act. Had no preventive detentions occurred since 2009? If it was not being used, were there plans to repeal it? The Expert remained the delegation that the Covenant provided that preventive detention should be allowed only under exceptional circumstances and that the State had the burden to prove that the person under such a regime posed a threat that could not be addressed under alternative measures. How did the State party ensure that that act was limited to the most exceptional circumstances? What judicial review was available for such detentions?

Referring to the allegations of mass trials, an Expert inquired about the mutiny in February of 2009, after which 152 Bangladesh Rifles Border guards had been sentenced to death, pursuant to a mass trial in November 2013. That and other trials had been criticized for a significant violation of fair trial rights. Was it true that between April 2010 and October 2012 nearly 6,000 Bangladesh Rifles Border guards members had been convicted and sentenced in mass trials and only a few hundred had been acquitted?

There had been reports of torture to extract information, and reports of denial of access to confidential counsel and witnesses. What steps had been taken to investigate and respond to those allegations? Could the delegation inform of the status of the death sentences imposed for the February 2009 incidents? The International Crimes Tribunal statute had been amended, but numerous concerns continued to be raised that it was not in line with international standards. Pre-trial detentions allowed the interrogation of the subject before their right to a counsel, there was no right to remain silent, and no right to have a lawyer. What efforts was the State party making to ensure that those trials were in line with due process of law and with the Covenant?

The delegation was also asked to inform of the status of the Mobile Court Bill and how that would alter the powers of the court.

Extrajudicial punishment was punishable by law, however reports indicated that whipping, beating and stoning continued to be imposed by traditional village councils, particularly against women and girls. Those were often issued as “fatwas”, said an Expert. How many such fatwas had been imposed and what efforts were in place to prevent them and to punish the perpetrators?

Could the delegation respond to the question on abortion and maternal mortality, with respect to adolescents?

Another Expert reiterated her question on the registration of Rohingya children who had fled from Myanmar and give clarity on the provision of birth certificates for them. What did the delegation mean by “there was no explicit bar in law,” with regard to refugee children and their birth certification? What was the status of the Citizenship Bill of 2016?

Corporal punishment was illegal according to a recent decision, but had that decision been implemented and was corporal punishment illegal outside of non-educational institutions, such as in the home?

An Expert also asked why it had taken so long to protect human rights defenders and bloggers during acts of intimidation and harassment, sometimes perpetrated by the authorities.

How was the secular state principle reconciled with the existence of all the religious minorities in Bangladesh, another Expert asked.

Referring to the participation in public life and the violence that had erupted in the 2014 elections, the Expert asked how the political party registration system, and in particular, the cancellation of the registration of Jamaat-e-Islami party ahead of the 2014 January elections, reconciled with the International Covenant on Civil and Political Rights. According to the information the Committee had received, there had been numerous instances of election rigging, sometimes with the participation of security forces. In addition, there were allegations that the security forces had supported candidates put forth by the ruling party. What observations might the delegation make vis-à-vis those allegations on the electoral process and its transparency, in particular during the 2014 elections? What measures did the Government plan to put an end to those processes?

The delegation was also asked to respond to the allegations about unreasonable control of non-governmental organisations, pursuant to the new act to that effect.

When and how long would the plan for relocating refugees and undocumented persons from Myanmar to Thengar Char Island take place? Allegedly, the island did not appear on most maps, was engulfed by water in high tides, and was completely inundated during monsoon season. Would those people be protected from inundation? Could the State party explain the 300,000 non-registered Rohingyas?

Was the State party planning to recognize the other 20 or so ethnic groups not yet recognized under the act to that effect? Could the State party explain how it defined indigenous peoples and why it did not recognize the peoples in the Chittagong Hill Tracts as indigenous peoples? The Commission established to resolve land disputes regarding those peoples had not yet submitted a single report.

Another Expert asked the delegation to explain laws and procedures in place for the Rohingyas. Was Bangladesh planning to accede to the Refugee Convention and its Protocol? Was the State planning to regularize the status of migrants and refugees and integrate them in the work force?

What was the type of punishment a child may be given if aged between nine and 18?

Another Expert asked whether there were additional challenges that explained the significant delay in the reporting, apart from the political instability.

Regarding political freedoms, were restrictions in Information and Communication Technology Act of 2006 in line with Article 19 of the Covenant? Was the Government willing to eliminate all contradictions contained in the law and, if so, what were the primary modifications that would be made, and what was the timetable?

Question was also asked on the restrains for the National Human Rights Institution.

Replies by the Delegation

The delegation explained that no cases of torture under detainment had been recorded, assuring the Committee that if that was the case, the Government would tackle it.

The Government had put in place a series of measures to tackle the high number of pretrial detention, including alternative dispute resolution. The Government was also monitoring the situation to understand where the problem lay and had set up the National Legal Aid Services Organization to that effect.

Use of force by law-enforcement agencies was regulated by the Code of Criminal Procedure and the Police Regulation Book. Whenever there was an excessive use of force, the individual was punished.

Death sentences could not be given to children, stressed the delegation. A child was considered a child until the age of 18. Trials for children were regulated under the Children Act; if found guilty, the maximum punishment, even for a murder, was up to ten years of prison. The Government was establishing more separate facilities for child offenders, which were in the process of modernization, and where rehabilitation programmes were in place.

Forced and bonded labour as a form of slavery was prohibited in Bangladesh. The Government had been implementing programmes and projects to eliminate child labour, and had achieved significant results, including eliminating child labour from the shipping industry and halving child labour from 3.2 million to 1.7 million. Eliminating child labour by 2025 had been set by the Government, and was addressed as a priority, with a “child budget” allocated to each Ministry. The National Child Labour Policy of 2010 and the National Plan of Action 2010-2013 regulated policy and actions in that respect.

Since 2009, not a single case of preventive detention had been handed down to any individual in the country. Preventive detention under the Special Power Act could be done by prejudicial activities. The Ministry of Home Affairs could issue an order of a maximum of 90 days. The prolongation of that period of detention was only possible if the Advisory Council, during a hearing, with a detainee present and heard by the judge, decided to prolong the detention.

The head of the delegation explained that he had been the Public Prosecutor during the February 2009 mutiny involving the Bangladesh Rifles Border guards. On 25 and 26 February 2009, following the swearing in of a new Government earlier that same month, a mutiny had taken place in the headquarters of the Bangladesh Rifles. In the mutiny 57 officers and 17 civilians had been killed. The officers had been killed while on duty, and their dead bodies had been thrown in a manhole. This act of killing had been committed in a time span of two hours. Two trials had been held – one under the ordinary law of the country, and the number of accused had been 847 under the ordinary law of the country. Over 655 witnesses had been examined in two years. All accused had been given the right to a lawyer. One person, who had been handed down the death penalty, had been given a State lawyer. A verdict had been handed down whereby 152 persons directly involved in the killing of the 57 persons, had been given the highest punishment – capital punishment. The hearing of the case was ongoing in the High Court Division of the Supreme Court of Bangladesh. The appellants had made their submissions in court and now the prosecution that was making its submissions in Court. The magnitude, sensitivity, and seriousness of the case had called for the setting up of a Special Bench by the Honorable Chief Justice of Bangladesh, where three judges sat.

The International Crimes Tribunal of Bangladesh (ICTBD) had been established to try genocide and other crimes against humanity. It had been established under international standards of fair trial and due process, and in accordance with the Rome Statute and the International Criminal Court.

Shalish decisions, extrajudicial punishments or “fatwas” were illegal, said a delegate. The Government had taken steps against the perpetrators of those offences. A circular had been sent to the administrative officers of the district, stating that punishments of lashing, beating, cutting of hair, eviction from village and obstruction from the burial of dead bodies, were punishable crimes.

Mobile courts had been established to target petty crimes which were going unpunished. The Mobile Court Act was under examination, following concerns that it had been taking away judicial power from the judiciary.

The Government had not heard complaints on harassment or intimidation towards non-governmental organisations. The delegation urged the Committee to send forth such information, and took upon itself to address them immediately.

The Government acknowledged the crucial role of non-governmental organisations in fostering a democratic society and took upon itself the responsibility to establish a legal basis for their functioning. The Foreign Activities Regulation Act clearly defined the rules for receiving foreign funding, and consolidated a scattered collection of acts to that effect. Under the new Act, registration of non-governmental organizations was mandatory if these were to receive donations. That had been regulated in order to counter the global trend of terrorism and terrorist financing.

There were currently five female Ambassadors out of sixty, and two Consul Generals. Females represented about 25 percent of the diplomatic corps, informed the delegation.

Regarding Rohingyas, Bangladesh had been consistently living up to its obligations vis-à-vis the principle of non-refoulement and voluntary repatriation. There were currently over 300,000 non-registered Rohingyas in Bangladesh. The relocation of nearly 33,000 refugees in the island of Thengar Char would follow the construction of hospitals, schools, and roads, ensuring that the people would not threatened by natural calamities. The delegation asked the Committee to urge Myanmar to address the Rohingyas issue, as it had to first be addressed by Myanmar.

The 2001 Land Dispute Settlement Act had been amended and a new Land Commission had been formed, which had received 25,000 land dispute settlement claims.

On the question of the Chittagong Hill Tracts, travel restrictions had been put in place for persons wishing to visit the region in order to ensure safety and security, due to the high prevalence of kidnappings and ransoms.

Bangladesh was a country where the concepts of lesbian, gay, bi-sexual and transgender rights were foreign. No religion was willing to accept them. Governments were in place to enforce the desire of the people, said the delegation and added that no commitment could be made at this point of time regarding the right of same-sex relations.

Regarding questions on the termination of pregnancy, the focus was on the health of the mother. Termination would be considered when it endangered a mother’s life. Health services were improving and education programmes for women were in place.

On the questions of the 2014 elections, two parties, one of which was the Jamaat-e-Islami, had boycotted the elections and resorted to violence, including throwing petrol bombs in public places and public transport, as well as burning and killing people who resorted to vote. Jamaat-e-Islami had appealed to the Appellate Court against the ruling of the High Court to not register it to run in the elections, and the judgment was pending. The International Criminal Court had previously ruled that Jamaat-e-Islami was involved in the war crimes committed during the liberation war in 1971.

Questions by Experts

An Expert informed the delegation that the Committee only used documents that were officially on the website of the Office of the High Commissioner for Human Rights, which was public. He invited the delegation to use that information.

The Expert reiterated his question regarding the nature of the secular state and the religiousness of some of the laws in Bangladesh. Bangladesh was threatened by extremist and jihadist activities, however it opened its doors to such possibilities inspired by Islam. There was thus a contradiction whereby, on one hand, there was the will to maintain the State above all religious beliefs, while remaining, on the other hand, under the influence of religious laws and parties. That contradiction could be resolved with a little more firmness.

An Expert, recognizing the difficulties of promoting the rights of lesbian, gay, bi-sexual and transgender individuals in traditional society, nevertheless stated that the Covenant provisions established the obligation of Governments not to simply promote the rights of the majority, but to ensure the rights of all peoples under its jurisdiction. The Government thus had an obligation to protect all minorities.

What was the legal basis of relocating refugees on Thengar Char island, if those peoples’ consent was not involved?

Another Expert asked the delegation to provide more specific information regarding the International Crimes Tribunal, and the principle of complementarity between domestic courts and the International Crimes Tribunal.

How many individuals had been held to account for issuing fatwa-inspired orders that had led to injuries and death, and what kind of punishment had been handed down to such individuals?

An Expert asked for clarification on the death penalty. Namely, if someone was a child at the commitment of the crime, and then became of age, could they be then sentenced to death?

Replies by the Delegation

Regarding the secular nature of the State, the delegation explained that the Government would give people the choices on whether or not to be secular or religious. There were certainly contradictions in letter, but Bangladesh was a moderate Muslim country and the population was tolerant. Secularism was also one of the guiding principles in Islam. Bangladesh had been able to marry those principles and create a very tolerant society. Bangladesh was open to accepting other religions. The Government hoped that it would soon be able to implement the secular nature of the Constitution further.

Regarding lesbian, gay, bi-sexual and transgender individuals, if anyone broke the law, the perpetrator of the offence would be taken into task through due process. The Government would surely give protection so that such things did not happen.

The Government would surely try to take consent from the people being relocated to Thengar Char island.

The International Crimes Tribunal of Bangladesh had been formed under a law enacted in 1973. It was a compact law wherein provisions trial and criminal and investigation procedure was laid out. No domestic court, other than the International Crimes Tribunal was empowered to rule on those cases. That tribunal was independently run and an independent investigating agency conducted the investigations independently, and then sent the investigations to the International Crimes Tribunal. The Tribunal enjoyed a superior status than the ordinary criminal court, and thus, the appeal of that court went straight to the Appellate Division. A decision of the Appellate Court could be reviewed.

There was no sharia code in the country, stressed the delegation

Concluding Remarks

ANISUL HUQ, Minister for Law, Justice and Parliamentary Affairs, thanked the Committee for having given him the opportunity to be in the dialogue. It had been an intense learning opportunity for him, which had at the same time given him the opportunity to tell the Committee about Bangladesh.

AHMAD AMIN FATHALLA, Committee Vice-Chairperson, thanked the delegation for their answers. He took note there were some issues which the delegation could not immediately undertake, and noted that it was a good approach to deal with some pending issues. He also took note of the fact that the delegation was open to receiving complaints by non-governmental organizations, as well as the fact that child labour would be eliminated by 2015. The Committee would be eager to see and hear the implementation of all those plans, and the obligations the State party had undertaken upon itself by acceding to the Covenant in 2000. He underlined that it was important to answer, within the 48 hours, some of the most pressing questions, such the one regarding the number of habeas corpus actions for a claimed case of enforced disappearances that had been registered.



For use of the information media; not an official record

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