This page summarizes cases raised with Bangladesh by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Bangladesh.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Bangladesh, English)
Observations
The Special Rapporteur takes note of the letters of the Government of Bangladesh acknowledging receipt of the communications sent during the reporting period. He urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the communications, which are further echoed in a press release dated 28 February 2012 issued by seven special procedures mandate holders.2
The Special Rapporteur further reminds that the right for association to access funding and resources is an integral and vital part of the right to freedom of association. He therefore urges the authorities to take the relevant measures to ensure that the rights of the association Odhikar are not unduly restricted.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
Observations
The Special Rapporteur takes note of the responses of the Government of Bangladesh acknowledging receipt of his other communications. He however regrets that the Government of Bangladesh provided no substantial response to any of the communications sent since 2011. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the communications.
The Special Rapporteur further reminds that the right for association to access funding and resources is an integral and vital part of the right to freedom of association. He therefore urges the authorities not to adopt the current draft law on non-governmental organization which unduly restricts the right to freedom of association.
The Special Rapporteur remains preoccupied about the situation of human rights defenders promoting and protecting economic, social and cultural rights. He urges to authorities to ensure their protection when exercising their rights to freedom of peaceful assembly and/or association.
The Special Rapporteur urges the authorities to take all relevant measures to ensure that any individual and legal entity can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. A thorough and independent investigation into any allegations of any human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
Observations
The Special Rapporteur takes note of the responses of the Government of Bangladesh acknowledging receipt of his communications. He however regrets that the Government provided no substantial response to any of the communications sent since 2011. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges again the authorities to provide as soon as possible detailed responses to all the concerns raised in the communications.
The Special Rapporteur remains seriously concerned about the physical and psychological integrity of people exercising their right to freedom of association in Bangladesh, in particular political opponents and human rights defenders. He reiterates his concern about the judicial harassment of members of the human rights organization Odhikar.
The Special Rapporteur remains similarly concerned about the amended Information and Communication Technology Act which reportedly restricts the right to freedom of opinion and expression, and by extension the rights to freedom of peaceful assembly and of association. He calls on the authorities to review the Act to ensure its compliance with international human rights norms and standards.
He recommends again that the Government put in place an enabling and safe environment that is conducive to the free expression of civil society allowing individuals to exercise their legitimate right to freedom of association without undue hindrances. In this regard, he urges the authorities to take all relevant measures to ensure that any individual and legal entity can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. A thorough and independent investigation into any allegations of human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur refers to Human Rights Council resolution 24/5, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of Bangladesh of his country request sent in January 2014, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks… and to consider favourably his or her requests for visits”.
Observations
Responses to communications
The Special Rapporteur takes note of the responses of the Government of Bangladesh acknowledging receipt of his communications. However, he regrets that the Government failed to provide substantial responses to the questions raised in the communications since the establishment of the mandate in 2011. He considers responses to his communications as an important part of the cooperation of Governments with his mandate and again urges the authorities to comply with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010) on the rights to freedom of peaceful assembly and association that call upon States to cooperate fully with and assist him in the performance of his mandate and to respond promptly to his communications. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in his communications.
Trade unions
The Special Rapporteur reiterates his concerns regarding the alleged physical attacks and undue arrests of trade union leaders and other human rights defenders participating in a protest at the Hossain Market in Dhaka in July 2014. He reminds the Government of its obligation to ensure that trade unions leaders and human rights defenders in Bangladesh can carry out their legitimate work in a safe and enabling environment without fear of threats or acts of intimidation and harassment of any sort, including excessive use of force. He calls on the Government to conduct independent and thorough investigations into allegations of human rights violations, to hold perpetrators accountable and to provide the victims with full redress, without further due. Moreover, he urges the State to take all necessary steps to secure the rights to freedom of peaceful assembly and association as per articles 21 and 22 of the International Covenant on Civil and Political Rights acceded by Bangladesh on 6 September 2000.
Draft Foreign Donations (Voluntary Activities) Regulation Act 2014
While the Special Rapporteur awaits a reply from the Government of Bangladesh detailing the current status of this Act, which was reportedly expected to be reviewed by the Parliament in mid-2014, he reiterates his call for the Parliament to ensure its compliance with international human rights norms and standards. He reiterates that States must ensure that associations, irrespective of whether registered or unregistered, can seek, receive and use funding and other resources from natural and legal individuals or groups, whether domestic, foreign or international, without prior authorization or other undue impediments (A/HRC/23/39, paragraph 82). Regarding provisions on registration renewals, the Special Rapporteur restates that the regular application for renewal infringes the limited restrictions set forth in article 22 of the International Covenant on Civil and Political Rights and recalled in resolution 24/5 of the Human Rights Council. He also calls upon Bangladesh to refrain from interfering with the right of associations to freely determine their activities and thus to overturn laws and provisions that make it mandatory for associations to request the approval of a Government ministry to carry out their legitimate activities. Moreover, the Special Rapporteur remains very concerned by vague or ambiguous provisions of the Draft Foreign Donations (Voluntary Activities) Regulation Act 2014 that allow for arbitrary interpretations and restrictions to the right to associate. He believes that the risk of violating the right to association is even greater if the laws governing it are vague since citizens’ fears of breaking the law itself can lead to self-silencing.
Environment in which these rights are exercised
The Special Rapporteur reiterates his grave concern at the acts of intimidation and harassment and of the secretary of Bangladeshi human rights organization ODHIKAR, Mr. Adilur Rahman Khan. As previously noted, he articulates that there should be a presumption in favour of assembling peacefully and associating freely and that security considerations should not be used as a justification for unduly strict rules or interpretations that void the rights to freedom of peaceful assembly and association. In the Special Rapporteur’s view, surveillance tactics and disproportionate shows of force attest to authorities’ presumptions against assembling and associating freely, which has a chilling effect on peaceful protestors. He reminds the Government that no restrictions may be placed on the exercise of those rights in a democractic society other than those that are strictly necessary and proportionate to the interest to be protected.
Country visit
The Special Rapporteur reminds the Government of his willingness to undertake a country visit to Bangladesh, as indicated by letter on 27 January 2014. He trusts that such an in person visit would allow him to examine issues relating to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both urge the States to consider favourably his requests for visits.
Observations
Responses to communications
The Special Rapporteur takes note of the responses of the Government of Bangladesh acknowledging receipt of his communications. However, he regrets that the Government failed to provide substantial responses to the questions raised in the communications since the establishment of the mandate in 2011. He considers responses to his communications as an important part of the cooperation of governments with his mandate and again urges the authorities to comply with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010) on the rights to freedom of peaceful assembly and association that call upon States to cooperate fully with and assist him in the performance of his mandate and to respond promptly to his communications. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in his communications.
The Special Rapporteur reiterates his deep concern about the indiscriminate use of petrol bomb attacks by opposition demonstrators, as well as the excessive use of force by security forces, including apparent extrajudicial killings, which have led to the death of at least 49 and 32 individuals respectively. He urges the authorities to undertake thorough and independent investigations into these cases, hold the perpetrators accountable, and provide remedies to the victims and families of victims. In this regard, he wishes to refer to the joint report on the proper management of assemblies he prepared with the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/31/66), which is highly relevant to the present case.
The Special Rapporteur remains concerned about the media release issued by the police alleging defamation that targets the legitimate human rights work of Odhikar and BAMAK, which have a “chilling effect” on all organizations monitoring human rights violations, in particular those receiving foreign funding. This intimidating action on the part of the police could contribute to stifling reporting on issues of public interest, including on human rights violations, and restrict the legitimate exercise of the right to freedom of expression and opinion and the right to seek, impart and receive information. He reiterates his serious concerns regarding the physical and psychological integrity of Mr. Adilur Rahman Khan, his relatives and colleagues, and all human rights defenders denouncing alleged violations committed by law enforcement authorities in Bangladesh.
The Special Rapporteur further remains concerned about the sudden cancellation of a commemorative event in Dhaka on the occasion of the International Day of the Victims of Enforced Disappearances scheduled on 30 August 2015, as well as about the intimidation of the victims’ families. Such incidents appear to be related to their legitimate and peaceful work as human rights defenders, and part of a wider effort by Government authorities to silence the voices of those speaking out against enforced disappearances and exercising their legitimate rights to freedom of expression, freedom of peaceful assembly and freedom of association. He is particularly concerned that these alleged measures are also an attempt to maintain a climate of impunity for crimes committed by State authorities.
The Special Rapporteur remains deeply concerned about the draft Foreign Donations (Voluntary Activities) Regulation Act, which will be considered during the next parliamentary session. He reiterates all the concerns he has made on this Bill in the past years (see PR 06/11/2015). He calls on again the authorities “not to adopt the Bill as its purpose clearly violates the right to freedom of association, and has a ricochet effect on the realization of other human rights, as well as on the delivery of aid in a country prone to natural disasters. [He] stand[s] ready to provide assistance to the Government to help ensure that the Bill complies with international human rights law” (PR 06/11/2015).
More generally, the Special Rapporteur reminds the Government of its positive obligation to ensure that civil society, including human rights defenders, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation and harassment of any sort.
Country visit
The Special Rapporteur reminds the Government of his pending requests to visit Bangladesh, as indicated by letter on 27 January 2014. He trusts that such a visit would allow him to examine issues relating to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call on States to consider favourably his requests for visits.
Observations
Response to communications
The Special Rapporteur regrets that he has received only one reply from the Government to the four communications sent in the reporting period. He wishes to remind the Government that he considers responses to his communication as a crucial part of implementing his mandate.
The Special Rapporteur continues to have serious concerns regarding the security of human rights defenders and journalists working on human rights issues in Bangladesh. The Special Rapporteur fears that the lack of state protection afforded to human rights defenders, the prevailing impunity for killings, as well as the reported victim-blaming of those attacked or killed in retaliation to their human rights work has led to increased self-censorship and a shrinking space to promote human rights in Bangladesh.
The Special Rapporteur reminds the Government of Bangladesh of its positive obligation to ensure that civil society, including human rights defenders, can carry out their legitimate work freely in a safe and enabling environment without fear of threats or acts of intimidation, harassment or violence of any kind.
The Special Rapporteur expresses serious concerns over the killing of Mr. Abdul Hakim Shimul, a journalist and human rights defender affiliated to the non-governmental organization Odhikar, and urges the authorities to carry out an independent investigation into his murder and to bring the perpetrators to justice. He urges the Government to submit information regarding the investigation and prosecution into this case.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
