Much Ado about the US Report: A Response from Human

The Daily Star

http://www.dailystarnews.com

Rights Activists

by Advocate Fazlul Haque, Dr Hameeda Hossain, Nur Khan Liton, Barrister L R Shahjahan,

and Barrister Saima

This year the US has published its report on human rights in Bangladesh with unusual fanfare. This has aroused stormy denials by the GoB and partisan cheers and boos from members of the civil society depending on their alignment with one or the other major party. Most human rights activists have made no comments, but this is not so strange. Over the years, they have undertaken systematic monitoring and documentation of state violations so as to create public awareness and pressure for enforcement measures by the government. They have sought to develop a human rights culture through preventive action. It is in the interest of creating such an environment that we would like to criticise the inadequacies in the US Report, the government

responses and partisan engagement of the civil society.

Since Vienna, human rights standards have become important markers for the quality of governance. A transition to democratic systems of governance requires the application of these principles. It is no doubt a normal practice for diplomats to report on the situation in the home country, but should not lead to hostile, public condemnations that mar bilateral relationships.

The timing of the Report coinciding with US military brinkmanship in Iraq has reduced the moral authority of its criticism. The US record on human rights leaves much to be desired in the way it has caused deprivation for many families and young children in Iraq, for arbitrarily refusing to pay its dues to the UN, and in the denial of rights of migrants and right to life of those condemned to capital punishment. Protests against these policies are no longer expressions of third world frustrations but have emanated from the heart of America.

There is a stronger need today than ever before for international solidarity for the promotion of human rights. In each country, strong civil society activism is necessary to check authoritarian tendencies, which have often in the post survived because of the support from foreign governments. There is today a universal concern for checks on the arbitrary use of power whether by the US in Iraq or other governments in the third world. Because we need to counter the global intersections of corruption and human rights violations, it is important to build people's coalitions across the globe rather than call for official admonition.

The Report itself appears to have been put together in haste as a cut and paste job from local human rights reports. Therefore it lacks in uniformity, accuracy and objectivity. Vague references to "frequent", "numerous" or "some" violations do not provide effective evidence. Confusing contemporary incidents with events from earlier years are misleading. It is problematic to lump together all violations from 1994 and 1997, because governments have changed in the meantime and so has the nature of violation. Some information is misleading such as which in fact no longer exists. Partial reporting has led to poor analyses. While mentioning violations in the CHT, the report ignores the role of the military. Selective references to certain incidents or a few individuals tend to detract from the report's objectivity. The concern with the accused in the trial of Shaikh Mujib's assassination, some of whom have admitted their complicity, is at variance with their lack of concern for more systemic violations such as bar fetters, harassment of women in safe custody and other forms of violence to which ordinary prisoners are subjected. The analyses at times show a politicized slant. If the daughter-in-law of a minister files defamation charges against an editor for filing misleading information surely she has the right to protect herself - this cannot be termed a human rights violation. Auditing of income fax records of newspapers, and other business houses is the norm in any modernsociety, although we have become accustomed to tax evasions and loan defaults by the very powerful. On the other hand, the report has omitted clear violations of existing laws relating to safety measures in garment factories which has led to many deaths by fire. Reports of most human rights organizations appear in the media and would not doubt have reached the US embassy, therefore it could have provided a more complete picture of state violations.

This is not meant to absolve the State of its responsibilities in improving its human rights records. The government reaction expressed by the Secretary, Ministry of Foreign Affairs was not unexpected, because our governments have always believed in a "cover up" response rather than trying to correct its lapses. Was it necessary for the Foreign Secretary to defend the continued use of SPA merely because the PM made no commitment to repeal it. Or that other governments have also used it. It may not be in the party's manifesto, but while in opposition the party always demanded the repeal of black laws such as the SPA. Bad laws should be slowly wiped off from our statute books if we talk of democracy and setting up of a human rights commission. A criticism of the police need not be equated with a criticism of the ruling party or the government in power, unless the latter willingly uses this agency for political purposes, which has become the case in our country. This relationship has encouraged law enforcement agencies to use their powers of detention with total impunity. It is often said in their defense that the human rights of the police need to be protected as well. Of course they do, but not to the extent of tolerating transgressions of human decencies. If that were so then we should justify ordinary thefts because the accused in a needy person.

Commitments need to move beyond rhetoric. As the country emerged from military rule, all parties affirmed their faith in constitutional democracy, rule of law, repeal of repressive laws and strengthening of democratic institutions. Like its predecessor, the present government has not kept its promises. Separation of the judiciary, autonomy of the media, repeal of SPA, rule of law, enforcement of women's rights have entered the political discourse because of public consciousness. In the joint declaration made by all parties engaged in the struggle against Ershad's autocratic rule on November 19, 1990, both the AL and the BNP had committed themselves to ensuring these conditions.

Political memories are however too short, and not sufficient pressure is being applied for political accountability. One of the reasons is the politically polarized divisions within the civil society. This was clearly evident in the spate of responses to the US Report by well known newspaper columnists and party sympathizers. BNP sympathizers applauded the report and multiplied examples of violations, while they conveniently ignored similar practices committed when their party was in power. Awami League sympathizers, on the other hand, criticized the motives of the report, and tried to gloss over the realities. Their subjective political sympathy represents the existing confrontational political culture, which judges rights and wrongs by which side commits wrongs.

Democracy cannot merely be relegated to five-yearly electoral matches between powerful contenders. For a sustainable democratic culture, authoritarian encroachments into people's liberties must be tested at every stage. Objective monitoring of state actions and their dissemination for an informed public debate provides an essential system of alert if a society is to establish the rights and wrongs of governance. Rather than suppress independent opinion, testimonies of violations can be used for corrective measures. This will lead to political stability and a culture of peace and tolerance. If institutions such as the press, the judiciary and the parliament are allowed to function in freedom, they may become effective checks on probable transgressions by state and non-state actors. And toward these ends human rights activists need to assess the rights and wrongs of state actions and policies.