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TITLE: BANGLADESH HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
BANGLADESH
Bangladesh is a parliamentary democracy headed by Prime
Minister Khaleda Zia of the Bangladesh Nationalist Party
(BNP). Her BNP attained a plurality of seats in the February
1991 election and reached a majority through the nomination of
female members of Parliament to reserved seats. Opposition
parties, including the Awami League, former President H. M.
Ershad's Jatiya Party, and the Jamaat Islami, are represented
in Parliament and play an active role in the political process.
The Home Affairs Ministry controls the police and paramilitary
forces which bear primary responsibility for maintaining
internal security. In a particularly egregious breakdown of
law and order in 1993, 11 people were killed, over 200 injured,
and hundreds of shops and homes destroyed when navy personnel
attacked a neighborhood in Chittagong. A number of navy
personnel were discharged from the service, and several were
court-martialed for their role in this incident.
The army and paramilitary forces also play a significant role
in maintaining security in the Chittagong Hill Tracts (CHT)
where a tribal force has been waging a low-level insurgency.
Due to a cease-fire, the CHT experienced fewer incidents of
violence in 1993 than in 1992, although tensions remained
high. In November, violence erupted in the town of Naniarchar
as security forces failed to maintain order when a
demonstrating tribal group was attacked, apparently by a
nontribal settler group. The bloody clash left at least 27
tribals dead and almost 100 injured.
Bangladesh is one of the world's poorest countries;
approximately 40 percent of the population of 118 million do
not have sufficient income to meet minimum daily needs. The
economy is primarily agricultural, with over 60 percent of the
work force involved in farming, which represents almost 40
percent of the gross domestic product. The Government has
pledged to reform the economy and to open it to market forces.
However, the process of reform has been seriously hampered by
resistance from those who fear losing de facto monopolies and
guaranteed jobs or those who want protection from foreign
competition.
There was little change in the human rights situation in 1993
from the previous year. Although less extensively than in
1992, the Government continued to use national security
legislation such as the Special Powers Act to detain citizens,
and in some cases political opponents, without formal
charges. There were credible reports of custodial abuse and
death, and those responsible generally went unpunished.
Violence against women is a serious problem, but much of it is
not reported and goes unpunished. Child labor is also common,
with over 3 million children in the work force. There were
credible reports of some forced repatriation of Rohingya
refugees to Burma, and one refugee was killed by police fire in
1993.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Although the January elections in Bangladesh's 89
municipalities were relatively peaceful, sporadic interparty
violence resulted in 1 death and over 100 injuries. There was
considerable violence involving university and secondary school
students throughout the year. Much of this violence involved
clashes both within and between student wings of various
political parties. These incidents, which included 2 brutal
gangland-style slayings, resulted in scores of injuries and at
least 15 deaths in 1993.
In January, in a complete breakdown of the command and control
structure, dozens of Bangladesh naval enlisted men, angered by
alleged mistreatment of fellow troops by local residents,
attacked a neighborhood near the Chittagong navy base.
According to official sources, over 11 civilians were killed,
over 200 injured, and hundreds of residential units and shops
burned down. The Government's inquiry report into the incident
has yet to be published, although over 20 naval personnel,
including officers, were reportedly dismissed from the navy,
and several have been court-martialed.
Several incidents involving shootings by security forces
resulted in at least 17 deaths in 1993. In April a contingent
of Bangladesh Rifles (BDR), a border security force, opened
fire on a crowded cattle market and killed four persons during
an attempt to confiscate cattle allegedly smuggled from India.
In another incident in July, the BDR fired on a group of
villagers trying to break a levee in a flooded area of Sylhet
District, killing 4 and injuring 50 people. At a rail station
in Dhaka in November, parapolice forces, called Ansars, shot
and killed two passengers, allegedly in a dispute over payment
of extortion money for goods they were transporting. There is
no indication that criminal charges were brought against any of
those involved in these incidents.
In 1993 human rights monitors reported at least eight deaths of
prisoners in police custody. Most of those deaths occurred
while accused criminals were held under police remand, the
period between arrest and incarceration in one of the country's
jails. The Government stated that in 1993, according to its
records, no prisoners died as the result of mistreatment by
police or jail authorities. The Government does not, however,
routinely investigate deaths in custody. Determinations of the
cause of death are often based solely on the local government
medical officer's report, a practice that human rights monitors
claim prevents an impartial and objective review of
questionable circumstances of death. While there were reports
of police transfers and suspensions pending magisterial
investigations in 1993, no police were tried for abusing
persons accused of crimes.
b. Disappearance
There were no confirmed reports of disappearance resulting from
official actions in 1993.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution forbids torture and cruel, inhuman, and
degrading punishment. However, police continue to employ
psychological and physical torture and other abusive treatment
during interrogations, which, as indicated in Section 1.a.,
sometimes result in death. Torture usually consists of threats
and beatings and may include the use of electric shock.
Most prisons in Bangladesh are overcrowded and lack adequate
facilities for prisoners. This is especially the case in class
"C" cells, which generally hold common criminals and low-level
political workers. They often have dirt floors, no
furnishings, and poor quality food, and the use of handcuffs
and fetters is common.
Prisoners in these cells reportedly suffer the most abuse, such
as beatings and being forced to kneel for long periods.
Conditions in "B" and "A" cells are markedly better, with the
latter reserved for prominent persons. The Government reports
that independent monitoring of prisons is conducted on a
monthly basis by a government-appointed committee of private
citizens. The committee's findings are not made public.
Supporters of former President Ershad filed a writ of habeas
corpus in the Bangladesh Supreme Court in 1992 asserting that
his prison conditions are inhumane and that, among other
things, Ershad has not been allowed to leave the jail for what
they consider necessary medical tests. The Court had not yet
rendered judgment at year's end. The Government acknowledges
that Ershad has been denied these tests, claiming that his
medical condition is satisfactory.
In 1993, as in the past, a number of claims were filed with
magistrates against jail officials involved in alleged cases of
abuse. However, human rights monitors report that none of the
magistrates' reports was published and that no legal action was
taken. In one example reported by human rights monitors, a
13-year-old boy was taken into custody and raped by two police
officers. After inquiries by human rights activists, the
Government dismissed the two officers and reported that it
planned to prosecute them on criminal charges.
d. Arbitrary Arrest, Detention, or Exile
The Government continues to use national security legislation
to detain citizens without formal charges. The law most often
used for arbitrary detention is the Special Powers Act of 1974
(SPA). Under the SPA, the Government, through the Ministry of
Home Affairs, may detain anyone deemed "a threat to the
security of the country." Initially, the Government can detain
a person for 30 days; by the end of that period, the Government
must provide the detainee with a specific charge for his
detention or release him. In practice, detainees are sometimes
held for longer periods without being charged. From the date
the charge is made, the Government permits the detainee 15 days
to appeal the detention to the Home Ministry, which may grant
early release.
After 6 months, a review panel that includes two jurists
examines the case to determine if there is sufficient reason to
continue the detention. If the Government adequately defends
its detention order, the detainee remains imprisoned. If the
Government fails to convince the review panel, the detainee is
released. Detainees are allowed to see lawyers while in
detention, although this is not usually permitted until a
charge is filed. Detainees are allowed to see visitors and are
not held incommunicado.
In September the Government reported that just under 900 people
were currently being detained under the SPA, a decrease from
the 3,000 level reported in 1992. The Government also reported
that during the first 9 months of 1993 a total of 1,690 people
were arrested under the SPA. Of 365 SPA cases that came before
the High Court for review during this same period, 97 percent
were found to be illegal. The great majority of those detained
were released outright without being charged with specific
crimes. These statistics do not support the Government's claim
that the SPA is exclusively used against those facing
legitimate criminal charges. In fact, the Government has used
the SPA to harass political opponents, including prominent
members of Ershad's Jatiya Party as well as low-level activists
of other parties. For example, in April a former minister in
Ershad's government and current Member of Parliament, Anwar
Hussein Monju, was arrested under the SPA. He was released in
May after the Government failed to file any charges against
him. In addition, the Government uses the SPA to detain tribal
opponents of its policies in the CHT, and human rights monitors
assert that over 200 tribals are currently detained under the
SPA.
In 1992 the Government enacted the Suppression of Terrorist
Offenses bill. Under this law, commonly known as the
"antiterrorism act," special tribunals were set up to try
specific offenses, including extortion, destruction of
property, hijacking, abduction, and terrorism, within specified
and compressed time periods. The act specifically prohibits
bail in the first month of detention; it also provides that
tribunal judges are chosen by the Chief Justice, that all
sentences may be appealed to the High Court, and that
restitution should be provided for those wrongfully convicted.
According to the Home Ministry, during the first 9 months of
1993, 2,171 people were arrested under the antiterrorism act.
Of those people tried during this period, approximately 42
percent were convicted; 371 people received prison sentences,
most for periods of less than 10 years. The majority of the
convictions were for extortion, hijacking, and terrorism. In
November the first death sentence under this law was handed
down to a man convicted of ransacking a testing hall and
fighting with police during a national higher secondary school
exam. This sentence is subject to higher review.
When the antiterrorism law went into effect, opponents of the
bill expressed concern that indiscriminate use of the law would
lead to many more cases of arbitrary detention on political
grounds. However, the consensus among human rights monitors is
that the antiterrorism law has so far been used to arrest
criminals and not political activists. Nonetheless, concerns
remain about the potential for abuse, and opposition parties
continue to campaign for the law's repeal.
There were no reports of persons being exiled in 1993.
e. Denial of Fair Public Trial
The court system is divided into two levels, the Low Court and
the Supreme Court, both of which hear civil as well as criminal
cases in public trials. The Low Court consists of magistrates,
who are part of the administrative branch of government, and
session judges, who belong to the judicial branch. The type
and location of a case determines which of these branches will
hear it. The Supreme Court has two divisions--the High Court
division and the Appellate division. The High Court division
hears original cases and reviews decisions of the Low Court.
The Appellate division has jurisdiction to hear appeals of
judgments, decrees, orders, or sentences of the High Court
division. Rulings of the Appellate division are binding on all
other courts.
The upper levels of the Bangladesh judiciary exhibit a high
degree of independence and often rule against the Government in
criminal, civil, and even politically sensitive cases. For
example, in April a High Court division bench restored the
citizenship of jailed Jamaat Islami leader Golam Azam despite
government arguments that he did not qualify for citizenship.
In July another High Court bench rejected the Government's
arguments and ordered Azam released from incarceration.
The judicial system is inefficient and has a serious backlog.
According to Ministry of Law statistics, the lower courts have
over 218,000 criminal and civil cases on the docket, some
dating back over a decade. In addition, the High Court
division of the Supreme Court reports a backlog of over 5,000
cases which are over 10 years old. The Government reports that
26,352 of those awaiting trial are currently in prison. Over
half have been in pretrial detention for less than 6 months,
while 2,263 have been awaiting trial in prison for over 2
years. In November a man was released from the central prison
after 21 years; for the first 13 years he was serving a
sentence, and for the last 8 years he was awaiting trial on a
second charge which was dismissed upon his release. In 1993
the Ministry of Law announced plans to hire more judges and
streamline the legal process, but during the year only 13 new
judges were appointed to the lower court.
The law provides an accused with the right to be represented by
counsel, to review accusatory material, to call witnesses, and
to appeal a judgment. In practice, however, these rights are
not widely understood by a largely rural, illiterate population
and are not always respected by the authorities, especially
outside the main urban centers. The law allows judges to
release an accused person awaiting trial on petition of bail.
If bail is not granted, however, there are no legal limits to
pretrial detention.
The time-consuming and expensive process of pursuing cases
discourages many from seeking redress through the courts.
While the right to legal counsel is recognized, it is not
guaranteed. Courts provide state-funded defense attorneys in
only a limited number of cases, and there are few legal aid
programs to assist litigants. In June former President Ershad
was convicted of use of undue influence and corruption and
sentenced to 7 years' imprisonment. In 1991 and 1992, he was
convicted on two other charges and sentenced to 13 years in
prison. Ershad is appealing all of these convictions. He is
now in prison, and a number of other cases are pending against
him. He has been represented by counsel throughout the
proceedings. His trials have been open to the press and public
and conform to standard Bangladesh legal practice.
The Government claims to hold no political prisoners. However,
some arrests under the SPA were for essentially political
reasons, including those of members of Ershad's Jatiya Party
and tribals arrested for allegedly aiding and abetting the
insurgent group Shanti Bahini in the CHT.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.
Bangladesh legal procedure requires a judicial warrant before
authorities may enter a home, and the courts may only issue
this warrant if the Government provides evidence of reasonable
suspicion that a crime has been committed or is being
contemplated. In practice, human rights monitors assert that
warrants are rarely obtained and there are no sanctions applied
against officers violating the stipulated procedure. The SPA
permits authorities to search premises without a warrant.
Some opposition and CHT tribal leaders maintain that their
telephones and mail are monitored by the Government's civilian
and military intelligence services.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
Since the early 1970's, the Shanti Bahini, a tribal insurgent
group, have waged a low-level conflict in the CHT. The
insurgency grew out of a conflict between the tribal people,
who sought to maintain their traditional way of life and
special status in the hill areas, and Bengali settlers from the
lowlands who sought to exploit the CHT's fertile and relatively
unpopulated land. In the 1960's and 1970's, large-scale
government settlement programs rapidly increased the number of
Bengali inhabitants in the CHT from only 3 percent in 1947 to
an estimated 45 percent. In response to tribal grievances, the
Government in 1985 began to discourage and eventually
prohibited further settlement by nontribals in the CHT.
Despite this, some settlers continue to move into the area.
In a further attempt to end the insurgency, the Government
established elected district councils in 1990 which assumed
control of local government affairs in June 1991. However, the
military remains in place and continues to exercise veto power
over any matter that could affect security. Law and order
matters and control over land, two fundamental issues for the
tribal people, have not yet been placed in the hands of the
district councils.
Throughout the conflict, all sides--tribals, nontribal
settlers, and security forces--have accused each other of
numerous human rights violations. The details of specific
incidents have been difficult to verify because of limited
access to the area caused by government travel restrictions,
tight security, difficult terrain, and unsafe conditions linked
to the insurgency. In November, after over 1 year of relative
quiet, violence erupted in the remote town of Naniarchar when a
tribal group demonstrated for removal of a security
checkpoint. A group of Bengali settlers reportedly attacked
the demonstrators as well as other tribals in the town and
looted and burned tribal homes. Army and police security
forces present failed to stop the clash until at least 27
tribals had been killed and as many as 100 injured. The
Government immediately appointed a one-man judicial inquiry
commission to investigate.
A similar incident in April 1992 in the village of Logong,
remains a contentious issue because of the Government's failure
to take more than limited administrative action against those
involved, as well as complaints about the accuracy of the
government commission's inquiry report. According to that
report, security forces and Bengali settlers killed 13 tribals
(a number disputed by human rights monitors, who claim many
more died), injured 13 others, and burned 550 huts in
retaliation for the killing of a Bengali settler by the Shanti
Bahini. There is no indication that the Government imposed or
plans to impose any criminal sanctions on any of those
responsible for the attack. The Government reports that one
junior officer was dismissed from the border security forces,
and disciplinary actions are pending against two paramilitary
soldiers.
The Government continues to maintain a highly visible presence
in the CHT. However, a series of short-term cease-fires,
initiated by the Shanti Bahini in August 1992 and formally
joined by the Government in May 1993, brought a decrease in
violence and claims of human rights abuses in 1993. A
government-appointed Parliamentary Committee held six meetings
with representatives of the Jana Sanghati Samity (JSS), the
political wing of the Shanti Bahini, to seek a solution to the
conflict. The JSS has demanded removal of all Bengali
settlers, withdrawal of the military, and regional autonomy,
conditions which the Government has rejected. The sixth round
of talks on November 24 resulted in little more than an
agreement to meet for round seven and to extend the cease-fire
until January 31, 1994.
In connection with efforts to stem the pattern of violence in
the CHT, the Government sought to facilitate the repatriation
of tribal refugees from the conflict who have sought shelter in
India. Concerns about security and return of land were
reportedly the primary issues that stalled these efforts (see
also Section 2.d.). Despite the cease-fire and government-JSS
talks, the situation remained fluid and tensions were high in
the Hill Tracts throughout the year.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press,
subject only to "reasonable restrictions." In practice, the
Government generally respects freedom of speech and tolerates
open criticism of the Government. Public rallies and speeches
are frequent and often in opposition to government policies or
actions. The Government sought to impose no new restrictions
on speech or publications in 1993, although it continued to
limit equal access to broadcast media and discussed imposing
regulations on journalists. Several attacks on newspaper
offices by unknown assailants occurred during the year.
Bangladesh has a large number of publications containing a wide
variety of editorial views. Newspaper ownership and content
are not subject to government restriction. Despite frequent
government statements, particularly by the Minister of
Information, regarding a code of ethics for journalists and
required qualifications for the position of editor, no actions
were taken to impose such restrictions.
The Government continues to own BSS, one of two national news
services, and to control a large advertising budget, which
reportedly accounts for as much as 75 percent of all newspaper
advertising revenues. Some editors complain that the
Government uses its advertising budget to punish newspapers
that criticize it, leading to self-censorship. This
self-censorship may take the form of muted criticism of the
Government. In general, however, newspapers publish a wide
variety of viewpoints and opinions.
The Government provides some advertising to all newspapers but
continues to favor some over others. The Information Minister
has publicly stated on several occasions that one of the
criteria for the distribution of government advertising is the
degree of objectivity in the paper's reporting. This is a
difficult standard to judge and is potentially subject to
abuse. In addition, government advertising allotments are not
distributed in direct proportion to circulation. The two
papers owned by a government-controlled trust receive the
greatest share, while others with higher circulations lag
behind. The ruling party BNP newspaper, Dinkal, receives more
government advertising than its circulation would appear to
justify, while opposition papers receive less. For a period in
early 1993, the left-leaning Bhorer Kagoj received no
government advertising.
There were several attacks on newspaper offices in 1993. In
February the office of the daily Banglabazar Patrika was
ransacked. The police investigation turned up no clues or
suspects. The paper had published several stories unfavorable
to the ruling party, but no link between those stories and the
attack was established. Also in February, the offices of the
private news service, United News of Bangladesh, were attacked
after the agency reported the winner of a parliamentary
by-election before the election commission had officially
released the results. In June unknown assailants broke into
the offices of The Morning Sun and did extensive damage to
computers and other equipment, while in September a bomb attack
on the office of Ajker Kagoj resulted in injury to seven staff
members.
The broadcast media remain under government control and
ownership. Broadcast news provides noticeably more extensive
and favorable coverage of the Government than of the
opposition. Failure to provide coverage of events unfavorable
to the Government is sometimes striking. In May this practice
was evident in the coverage of a serious accident at Dhaka's
airport involving an airplane of the government-owned Biman
Bangladesh airlines. Bangladesh Television (BTV) failed to
report the early morning accident, a major news story, in its
evening broadcasts, reportedly because the Government had not
yet issued an official statement. In another example, BTV
coverage of a strike called by the National Trade Union
Federation in May to protest the Government's refusal of
concessions failed to mention widespread closures of factories
and showed only footage of those that remained open.
In late 1992, the Government began to broadcast Cable News
Network and British Broadcasting Corporation international news
for several hours each day on the single Bangladesh television
station. The Government continued this practice during 1993,
thereby permitting considerably increased access to
international news. The direct reception of international
satellite telecasting services is becoming increasingly popular
in Bangladesh and has not been regulated by the Government.
Issues of staffing and general programming tend to be
politicized at BTV. During 1993, some BTV employees were
reportedly transferred to other positions in the Ministry of
Information after allegedly failing to respond to requests for
coverage from ministries and high-ranking members of Parliament
belonging to the ruling BNP party. Some critics claim that the
Government removed the Director-General of BTV in June because
he backed his staff on such questions.
The Government's Film Censor Board continues to exercise
control over the screening of films in Bangladesh. It
initially banned a film about the war of liberation on grounds
that it distorted the nation's ideals. In response to a public
outcry, the censors reversed their decision and allowed the
film to be shown. The Censor Board also bans films it finds
pornographic, and the Government continues to ban films from
South Africa and Israel.
Foreign publications are generally available in Bangladesh. No
foreign journalists were arrested, barred from entry, or
expelled in 1993. No arrests were reported under the clause of
the 1991 Penal Code prohibiting the publication or circulation
of any statement "prejudicial to the interest of security of
Bangladesh or public order."
Academic freedoms are respected by the Government. However,
faculty and student bodies are deeply politicized, sometimes
inhibiting freedom of expression on campus. Teachers complain
that verbal and physical assaults by students are politically
motivated. Drama groups need permission--routinely granted--to
perform plays. In 1993 the Government banned performance of
"jatras"--bawdy village operas--on the grounds of obscenity.
While the ban is enforced in the rural areas,
government-sanctioned performances are permitted at a
government-run academy in Dhaka.
A book entitled "Lajjya" ("Shame"), a fictional account of the
plight of a Hindu family forced to leave Bangladesh by Muslim
neighbors following the destruction of the Babri mosque in
India, was banned by the Government a few months after its
release in February. The Government justified the ban as
necessary to avoid communal misunderstandings and violence,
describing the book as "tantamount to blasphemy" and offensive
to the "religious sentiment" of the majority of the
population. A little known fundamentalist Islamic group from
the northeast city of Sylhet issued a death threat against the
book's author, Taslima Nasreen. Although it later retracted
the death threat, the group continued to organize
demonstrations against Ms. Nasreen's writings and to demand
that the Government prosecute her for them. In response to the
death threat and verbal attacks, the author sought and obtained
court-ordered police protection. The Government took no action
against the group that issued the death threat.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of every citizen to
form associations, subject to "reasonable restrictions" in the
interest of morality or public order. In practice, individuals
are free to join private organizations and associations.
Public meetings require a permit from a local district
magistrate. Occasionally, the Government prohibits rallies in
certain areas for security reasons. Sit-ins, hunger strikes,
marches, and rallies are common forms of political expression
in Bangladesh. These occasionally lead to violence, sometimes
involving the police. In March the police attempted to stop a
rally in downtown Dhaka by the Nirmul Committee, a group
dedicated to prosecuting alleged collaborators for atrocities
committed during the war of liberation. In breaking up the
gathering, the police beat a number of the leaders, including
Jahanara Iman, a nationally known writer and mother of a
freedom fighter killed in the independence struggle. The
Government received much public criticism for its heavy-handed
tactics. The authorities frequently prohibited or harassed
Jatiya Party meetings. Jatiya Party members who attempted to
hold marches in Dhaka were forcibly prevented from doing so by
the police. In some cases this led to minor violence between
police and demonstrators.
c. Freedom of Religion
Islam is the dominant religion in Bangladesh, practiced by an
estimated 87 percent of the population. The Eighth Amendment
to the Constitution, passed in 1988, recognized it as the state
religion. Although it also assures the freedom to practice
other religions, this constitutional change continues to cause
concern among Hindu, Christian, and Buddhist minorities. Some
minority citizens believe it has encouraged hostility toward
them and contributed to heightened communal tensions.
Following the destruction by Hindu radicals of the Babri mosque
in Ayodhya, India in December 1992, a backlash occurred in many
parts of Bangladesh. Some Hindu temples were reportedly looted
and destroyed. The Government reacted quickly and successfully
contained most public demonstrations in the major cities,
keeping violent actions against Hindu communities and property
to a minimum. In many rural areas, however, Hindu communities
received less effective police protection. Human rights
monitors and Hindu organizations reported some deaths, hundreds
of beatings, and significant property damage. The Government
later offered to provide approximately $38,000 for the
reconstruction of destroyed Hindu temples.
Proselytizing by Bangladeshi citizens is permitted by the
Constitution, although in practice it is generally directed
only toward such minority groups as Hindus and tribal people.
There is strong social resistance to conversion from Islam.
Government policy continues to permit various religions to
establish places of worship, train clergy, travel for religious
purposes, and maintain links with coreligionists abroad.
Foreign missionaries may work in Bangladesh, but, unlike
citizens, their right to proselytize is not protected by the
Constitution, and the issue is extremely sensitive. An example
of this sensitivity occurred in late 1992 when allegations of
proselytizing and conversions from Islam provoked an attack by
local Muslim residents on the largely Christian village of
Chabagan in the Chittagong district. An angry mob attacked
villagers, destroyed some homes, and threatened a nearby
foreign Christian missionary-run hospital. Local authorities
successfully defused tensions without further loss of property.
Some missionaries and Christian nongovernmental organizations
report facing bureaucratic obstacles in carrying out their
activities, including the threatened withdrawal of their
government registrations along with lengthy delays in obtaining
or renewing security clearances and visas for foreign
personnel. Appeals to the Government have sometimes been
successful in removing such obstacles.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Except in designated areas of the CHT, Bangladeshi citizens are
free to move about within the country. Travel by foreigners is
also restricted in the CHT and some other border areas.
Bangladeshis are generally free to visit abroad and emigrate,
subject to foreign exchange controls. Civil servants must
first obtain clearance from the Prime Minister's office. In
some instances, persons considered to be security risks are
barred from traveling abroad. The right of repatriation is
observed.
After the fall of the Ershad regime, the former President
(currently imprisoned) and some of his family, as well as
several senior members of his regime and political party
(Jatiya Party), were prevented from leaving the country, and
their passports were seized. This occurred even though the
Supreme Court in July 1990 had declared illegal the seizure in
1986 of a former Member of Parliament's passport. The Acting
Secretary General of the Jatiya Party and another party
official were prevented from traveling to Saudi Arabia in 1993,
when government officials charged they were carrying a letter
from jailed former President Ershad to King Fahd. Some of
those affected by such restrictions have challenged them in the
courts and have received rulings allowing them to travel.
Approximately 238,000 non-Bengali Muslims, known as Biharis,
remain in Bangladesh pending resettlement in Pakistan. After
independence in 1971, these persons opted for Pakistani
citizenship, and Pakistan agreed in principle to accept them.
Despite Pakistani assurances to Prime Minister Zia, during her
visit to Pakistan in August 1992, that 3,000 Biharis would soon
be accepted, only one small transfer of 325 refugees took place
in January.
The Biharis, most of whom still reside in 66 camps throughout
Bangladesh, may seek employment and conduct other activities,
but as noncitizens they do not vote, hold seats in Parliament,
or hold passports. Biharis may apply for Bangladeshi
citizenship at any time, and those who do are granted full
rights of citizenship.
At the end of 1993, approximately 200,000 Rohingyas, Muslims
from Burma's Arakan Province, remained refugees in southeastern
Bangladesh. Fleeing repression of the Burmese security forces,
250,000 Rohingyas crossed the border into Bangladesh, largely
in late 1991 and early 1992. With international assistance,
they are being housed in 19 camps in the area of Cox's Bazar.
The Government restricts their movements and frequently arrests
those who venture outside the camps. The Government is under
domestic pressure to repatriate the refugees quickly.
The presence of the Rohingya refugees continues to spark
occasional public protests and violent incidents involving
security personnel, local residents, and refugees. There were
credible reports that local government authorities abused
refugees in order to force repatriation at various times during
1993, especially in August and September. The United Nations
High Commissioner for Refugees (UNHCR), in addition to
providing relief services, has worked to protect the refugees
from abuses and to ensure that repatriation is voluntary. The
repatriation process, which began in September 1992, has been
slow, sporadic, and marred by government efforts to coerce
refugees into returning to Burma. In December 1992, UNHCR
announced that the Government was preventing it from carrying
out its protection mandate, and credible reports of forced
repatriation by the Government prompted international
criticism. After extensive negotiations, the Government and
UNHCR signed a Memorandum of Understanding (MOU) in May that
permits UNHCR to conduct private interviews of returning
refugees to determine if their decision is voluntary. It also
allows UNHCR access to all the refugee camps during daylight
hours.
Due to uncertainty about the life they would face after
returning to Burma, most Rohingyas were unwilling to volunteer
for repatriation in the absence of international monitoring in
Burma. By the end of 1993, 16 months after the process began,
only about 50,000 had returned. However, the Government of
Burma and UNHCR reached an agreement in November that, when
implemented, will permit a UNHCR presence in Burma to protect
the returning refugees and to provide relief and rehabilitation
assistance.
Between 30,000 and 50,000 Bangladesh tribal refugees from the
CHT are residing in the Indian state of Tripura. It is
believed that up to 15,000 may have returned to Bangladesh in
the last several years. Bangladesh and India reached agreement
on plans for full repatriation and announced the agreement with
promises of the return of land to the refugees and extensive
resettlement assistance. However, no refugees returned on the
first scheduled date in June. The Government continues to
attempt to reassure the refugees of a receptive climate for
their return. Despite repeated visits to the camps in India by
government representatives and a refugee delegation visit to
Bangladesh for first-hand observation in September, there was
no official repatriation of tribal refugees in 1993.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
With the fall of the Ershad regime and the holding of free and
fair elections in 1991, Bangladesh's citizens began to enjoy
the right to change their government through democratic means.
Bangladesh has a multiparty parliamentary system in which
elections by secret ballot are held on the basis of universal
suffrage.
Members of Parliament are to be elected at least every 5
years. The Parliament has 300 elected members, with 30
additional seats reserved for women who are chosen after the
election by the seated Parliament. Candidates may contest a
maximum of five seats in any one election but may hold only
one. Parliament elects Bangladesh's president to a 5-year
term. The President's duties are largely ceremonial.
The Bangladesh Nationalist Party, headed by Khaleda Zia,
emerged from the election in 1991 with a plurality of seats and
formed a government. It currently holds a slim majority in
Parliament. The parliamentary opposition is led by Sheikh
Hasina Wajed and her party, the Awami League. While there are
a number of minor parties, the only other major opposition
parties are former President Ershad's Jatiya Party and the
Islamic-oriented party, the Jamaat Islami.
Municipal elections were held in January throughout the
country, and in February a by-election was held to fill a
vacant parliamentary seat. The by-election was won by the
ruling Bangladesh Nationalist Party, but the opposition Awami
League claimed there were irregularities in the vote counting.
The independent Chief Election Commissioner ordered a
recount--the first in Bangladesh's history--which confirmed the
original results. Outside observers found the election process
to be free and fair. In the municipal elections, nominally
nonpartisan, the right to vote was openly, freely, and fairly
exercised. Although some scattered violence occurred, its
incidence was greatly reduced from elections held under the
previous regime.
Tribals in the CHT have full national voting rights and are
represented in the Parliament by three members. A majority of
the seats on the three local district councils in the CHT is
reserved for tribals.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
A number of domestic human rights nongovernmental organizations
operate openly, actively conducting investigations into
allegations of possible human rights violations. During 1993,
some of these organizations published extensive reports of
their findings, held press conferences, and issued appeals to
the Government to take action in specific cases. Local
organizations regularly communicated with government officials
as well as representatives of international human rights
organizations and foreign governments. They also implemented
programs promoting human and legal rights awareness among the
country's largely uneducated and rural majority. In 1993 there
were no reports of arrests of human rights monitors,
confiscation of publications, or forced suspension of an
organization's activities.
The Government continues to be sensitive to international
opinion regarding human rights issues. On occasion during
1993, the Government restricted access to some Rohingya refugee
camps by nongovernmental relief organizations and UNHCR
representatives. However, in the May agreement with UNHCR, the
Government guaranteed UNHCR access to all camps during daylight
hours. Since then, access to the camps has been greatly
improved.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Bangladesh is a largely rural and culturally homogeneous
society, with deeply ingrained cultural and religious
traditions. It is also one of the most densely populated
countries in the world with a developing economy that is barely
able to keep pace with population growth. In this context,
women, children, minority groups, and the disabled often
confront social and economic disadvantages that the society is
unable or unwilling to eliminate. Article 27 of the
Constitution states that "all citizens are equal before the
law, and are entitled to equal protection by the law." In
practice, legal provisions aimed at eliminating discrimination
are not strongly enforced. Social programs designed to help
disadvantaged groups are often insufficient or not fully
implemented.
Women
Women continue to hold a subordinate place in Bangladesh
society. While their position has improved in the last decade,
progress has been slow. Even though some 80 percent of the
population lives in rural areas where women's traditional role
is crucial to the well-being and success of the family and
community, women are nevertheless generally considered an
economic liability and receive inferior treatment. Most
nutrition, health, and educational indicators show that
Bangladeshi women fare worse than men.
Article 28 of the Constitution specifically prohibits
government discrimination against any citizen on grounds of
sex. Despite this provision, women do not enjoy equal status
with men under the law. The 1961 Muslim Family Ordinance, for
example, provides for less inheritance for women than for male
family members and more limited divorce rights. Men are
permitted to have up to four wives. Under criminal and civil
law, women are granted equal status. In practice, however,
high illiteracy rates (greater among women than men) and
unequal educational opportunities often mean that women are
unaware of their rights. Strong social stigmas and lack of
economic means to obtain legal assistance frequently prevent
women from seeking redress in the courts, which are in any
event heavily backlogged (see Section 1.e.). A small number of
legal awareness programs targeted at women have had limited
impact. Women enjoy full voting rights which they exercise
openly in at least equal numbers with men.
In education and employment women occupy a measurably weaker
position. By tradition, and perhaps in response to women's
lack of economic opportunities (which tends to perpetuate the
cycle), families tend to invest more in male than female
education. Among the majority rural population, only 30
percent of primary school students are female. This figure
drops to below 25 percent at the secondary level and below 15
percent at the college and university level. While economic
opportunities for women have grown faster than those for men in
the last decade, women still occupy only a small fraction of
the wage-earning jobs, except in the garment industry. Less
than 5 percent of all government jobs are held by women. A
policy of ensuring more women among new hires has had limited
effect as the Government has been unable to reach its stated
goal of 15 percent.
Violence against women is part of, and at the same time
overshadowed by, the general repression of women in society.
Specific acts of violence are difficult to quantify because of
unreliable statistics. Due to the second-class status of women
in society, most incidents go unreported because they are
either ignored by the authorities or suppressed by the family
or community. An indication of the level of violence against
women was revealed in the statistics released by the Government
in October on recorded cases of suicide in the country for the
previous 22 months. According to these figures, women had a
considerably higher suicide rate (57 versus 42 percent) than
the majority male population. In 1993 human rights monitors
reported five incidents in which unofficial community councils
carried out judgments, usually floggings, against women accused
of various moral offenses. One woman was reportedly stoned to
death, and another was burned. The Government, which
recognizes the role of traditional village councils in
resolving local disputes, has said that it is seeking criminal
prosecution of those involved in the death cases.
The Government has enacted laws specifically prohibiting
certain forms of discrimination against women, including the
Anti-Dowry Prohibition Act of 1980 and the Cruelty to Women Law
of 1983. Enforcement is weak, especially in the rural areas
where most of the population resides, and the Government
usually does not vigorously prosecute cases which are filed.
While it is clear that dowry deaths do occur, there are no
reliable statistics on their number or on the prosecution of
perpetrators. The Government reports that under the Cruelty to
Women Law 1,108 cases were filed in the 12-month period ending
in July 1993. By the end of 1993, only 14 of those cases had
been prosecuted, and in only one case was a conviction obtained.
Children
The Government undertakes programs in the areas of primary
education, health, family planning, and nutrition which target
directly or have a direct impact on the welfare of children.
Some programs have been quite successful. For instance, the
Government's immunization program has raised childhood
immunization rates in the urban areas from 3 percent to 82
percent. However, although reliable expenditure figures are
not available, it is clear that current resources are
inadequate to meet the needs of this vulnerable and major
segment of the population. General health and social
indicators clearly show that most children face difficult odds
in obtaining adequate health care and education. Despite
improvements made in the last decade, indicators such as infant
mortality and child morbidity rates remain relatively high.
The Government in 1991 made universal primary education
mandatory but stated that it could not implement the law in the
foreseeable future. Pilot programs in one small area of each
of Bangladesh's 64 districts were begun. In practice, among
children 6 to 10 years of age, only about 50 percent are in
school. Of those, approximately 65 percent drop out before the
age of 10.
Primary education is currently underfunded in comparison with
secondary schools and universities, which together receive
about 70 percent of the Government's expenditures on
education. Recognizing the importance of primary education,
the Government in 1993 created a Division of Primary Education,
separate from the Ministry of Education and reporting directly
to the Prime Minister's office.
Human rights monitors have reported problems of children being
abandoned, kidnaped, and sold into bondage, as well as a
growing problem of child trafficking and prostitution schemes.
When uncovered by the authorities, these have received wide
public attention and condemnation. Police and border security
forces are alert to and routinely check for signs of child
trafficking. Government officials acknowledge, however, that a
lack of resources and training limits their ability to tackle
these problems.
Indigenous People
The issue of property rights for land traditionally held by the
tribal people of Bangladesh, particularly those of the CHT,
continues to cause claims of discrimination and to provoke acts
of violence. Until 1985 the land of CHT tribal peoples, who
frequently lacked proof of ownership, was regularly parceled
out by the Government to Bengali settlers. There were also
complaints of false deeds, physical attacks, unannounced
mortgage foreclosures, and outright confiscation of land from
suspected tribal insurgents. No reports of similar violations
have been received in recent years, but longstanding complaints
continue to be a fundamental factor underlying the insurgency
in the CHT (see Section l.g.). The Government has moved toward
granting more authority over local matters to the tribal people
in the CHT. In July 1991, tribal-dominated local government
councils assumed control over primary education, health, family
welfare, and agricultural extension. Government security
forces, however, continue to control issues of law and order as
well as land use.
Tribal peoples in other areas of Bangladesh in the past have
also reported loss of land to Bengali Muslims through
questionable legal practices and other means.
Religious Minorities
Religious minorities, principally Hindu, Christian, and
Buddhist, make up an estimated 13 percent of the population.
Although equal under the law, these minorities are, in
practice, disadvantaged in such areas as access to government
jobs and political office. Selection boards in the government
services are often without minority group representation. In
the current Parliament there are 12 members from minority
groups, out of a total of 330.
Property ownership, particularly for Hindus, has been a
contentious issue since independence, when many Hindus lost
land holdings due to unequal application of the law. Reported
cases of violence directed against religious minority
communities has resulted in loss of property, most recently in
the aftermath of the destruction of the Babri mosque in India
in December 1992. These actions are a symptom of the communal
tensions that have prompted some people belonging to minority
groups to leave Bangladesh, causing a slow but steady decline
in the relative size of the country's minority population,
especially Hindus.
People with Disabilities
According to government figures, there are approximately 3
million disabled people in the country. Bangladesh's laws
provide for equal treatment and freedom from discrimination for
the disabled. The Government has not yet enacted specific
legislation or otherwise mandated accessibility for the
disabled. It has announced, however, that it is developing a
national plan of action to address this and other ways of
promoting the rights of disabled people.
In 1993 the Ministry of Social Welfare reported that in the
last year approximately 100,000 disabled people benefited from
programs to teach technical skills. An overall lack of
resources directed toward the disabled, however, leaves them
disadvantaged and unable to benefit fully from legally
prescribed rights. The disabled are particularly vulnerable to
the problems of insufficient employment opportunities and
inadequate health, education, and social services that affect
the society as a whole.
Section 6 Worker Rights
a. The Right of Association
The Bangladesh Constitution guarantees freedom of association,
the right to join unions, and, with government approval, the
right to form a union. With the exception of workers in the
railway, postal, telegraph, and telephone departments,
government civil servants are forbidden to join unions. This
ban also applies to security-related government employees, such
as the military and police. Bangladeshi civil servants
forbidden to join unions, such as teachers or nurses, have
joined associations that perform functions similar to labor
unions, i.e., providing for members' welfare, offering legal
services, and airing grievances. Collective bargaining,
however, is prohibited. Some workers have formed unregistered
unions. Current law also prohibits professional and
industry-based unions in Bangladesh's two export processing
zones (EPZ's).
Workers in the two EPZ's have also skirted prohibitions on
forming unions by setting up associations. The Government has
stated that labor law restrictions on freedom of association
and formation of unions in the EPZ's will be lifted by 1997.
In the burgeoning garment industry, there have been numerous
complaints of workers being harassed and fired in some
factories for trying to organize workers.
Approximately 1.6 million members of the country's total work
force of about 45 to 50 million workers belong to unions. Only
about 3 million workers are involved in the formal industrial
sector. (There is a large unreported informal sector, and
labor statistics are unreliable.)
Ten to 15 percent of Bangladesh's approximately 4,200 labor
unions are affiliated with 23 officially registered National
Trade Union (NTU) centers (there are also several unregistered
NTU's). There are no legal restrictions on political
activities by labor unions, though the calling of nationwide
general strikes or transportation blockades by unions is
considered a criminal rather than political act and thus
forbidden. Some unions have complained that the Government is
using its antiterrorism law as a means to suppress both
opposition political workers and union members, rather than
bona fide terrorists.
Unions are not part of the government structure. They are
highly politicized, however, and virtually all the NTU centers
are affiliated with political parties, including one with the
ruling BNP. Some unions are militant and engage in
intimidation and vandalism. Illegal blockades of public
transportation routes by strikers occurred several times in
1993, with scattered violence. Clashes between members of
rival labor unions occurred in 1993, and at least two union
leaders died in such incidents. On September 13, 25 workers
were injured in clashes between armed Awami League and BNP
labor front members at the large Adamjee jute mill.
For a union to obtain and maintain its registration, 30 percent
employee participation is required. Workers are eligible for
membership on the unions' executive staff, the size of which is
set by law in proportion to the number of union members.
Registration of a union may only be canceled by the Registrar
of Trade Unions with the concurrence of the Labor Court, but no
such actions were known to have been taken in 1993. There are
no restrictions on affiliation with international labor
organizations, and Bangladeshi unions and federations maintain
a variety of such links. Trade unionists are required to
obtain government clearance to travel to International Labor
Organization (ILO) meetings, but no clearances were reported
denied in 1993.
The right to strike is not specifically recognized in the law,
but strikes are a common form of protest. In 1993 university
teachers struck over the issue of campus violence. Jute,
textile, and sugar workers struck over the issues of minimum
wages, privatization of industry, retrenchment of workers, and
the detention of labor officials.
General strikes continue to be used by the political opposition
to pressure the Government on political demands, causing
significant economic and social disruption through loss of work
hours and production. Wildcat strikes are illegal but occur
frequently, with varying government response.
The Essential Services Ordinance permits the Government to bar
strikes for 3 months in any sector it decides is "essential."
This ban, which is generally obeyed, was applied in 1993 to
national airline pilots and water supply workers and previously
has been applied to shipping operations and electricity supply
workers. The Government is empowered to prohibit a strike or
lockout at any time before or after the strike or lockout
begins and to refer the dispute to the Labor Court. Mechanisms
for conciliation, arbitration, and Labor Court dispute
resolutions were established under the Industrial Relations
Ordinance of 1969. Workers have the right to strike in the
event of a failure to achieve a bipartite settlement. If a
strike lasts 30 days or longer, the Government may prohibit the
strike and refer the dispute to the Labor Court for
adjudication. This took place in several cases in 1993, but no
decisions were reached by the court. Such delayed decisions
are frequent, usually due to nonattendance by employers or the
union. Both sides use the tactic of delay, employers
attempting to keep workers on the job, and union leaders, short
of strike funds, allowing workers to return to work without
calling off the strike.
There are provisions in the Bangladesh Industrial Relations
Ordinance for the immunity of registered unions or officers
from civil liability. Enforcement of these provisions is
uneven. In the case of illegal work actions, such as
transportation blockades, police arrest union members under
either the Special Powers Act, the Antiterrorism Law, or
regular criminal codes.
b. The Right to Organize and Bargain Collectively
Free collective bargaining is legal only for private sector
workers in Bangladesh, on condition that the workers are
represented by unions legally registered as collective
bargaining agents by the Registrar of Trade Unions. Collective
bargaining occurs on occasion in large private enterprises,
but, with unemployment in the 30 percent range, workers'
concerns with job security often outweigh wage and other
issues. During three major strike calls in 1993, worker
attendance at private factories remained high. Collective
bargaining generally does not occur in small private
enterprises.
Public sector workers' pay levels and other benefits are
recommended by the National Pay and Wages Commission. The
Commission's recommendations are binding and may not be
disputed except on the issue of implementation.
Under the Industrial Relations Ordinance, there is considerable
leeway for discrimination against union members and organizers
by employers. For example, the Ordinance allows arbitrary
transfer of workers suspected of union activities. Complaints
that employers routinely engage in antiunion discrimination are
particularly high in the garment industry. In practice,
private sector employers tend to discourage any union
activity. The Registrar of Trade Unions rules on
discrimination complaints. In a number of cases, the court has
ordered the reinstatement of workers fired for union
activities. However, the Labor Court's overall effectiveness
is damaged by a serious case backlog, and there have also been
allegations that some of its deliberations have been corrupted
by employers. Unions are prohibited and no collective
bargaining takes place in the export processing zones. The
Government has stated that restrictions on unions in these
zones will be lifted by 1997.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor. The
Factories Act and Shops and Establishment Act, 1965, set up
inspection mechanisms to enforce laws against forced labor, but
resources for enforcement are few. These laws are not
rigorously enforced. While Bangladesh does not experience
large-scale, bonded labor, there is forced labor to the extent
that workers are often required to work later than stipulated
by law. This is the case in the garment industry, which
operates in high-volume, short-deadline modes of production.
d. Minimum Age for Employment of Children
Bangladesh has laws that prohibit labor by children. The
Factories Act of 1965 bars children under the age of 15 from
working in factories. This law also stipulates that young
workers (i.e., children and adolescents) are only allowed to
work a maximum 5-hour day and only between the hours of 7 a.m.
and 7 p.m.
In reality, enforcement of these rules is inadequate.
According to United Nations estimates, about one-third of
Bangladesh's population under the age of 18 is working.
Children are commonly seen driving rickshaws, breaking bricks
at construction sites, and working at tea stalls. Children
also routinely perform domestic work. Cases of children being
physically abused and occasionally killed by the head of
households where they work are reported in the press. Under
the law, each child must attend school through the fifth
grade. However, the Government continues to maintain that it
does not have the resources to implement this law immediately
in the entire country.
In anticipation of possible U.S. legislation prohibiting the
import of products made by child labor, thousands of underage
children employed in Bangladesh's garment industry were fired
in 1993. A cooperative effort to rehabilitate the estimated
70,000 children who will ultimately lose their jobs in the
garment industry is being mounted by the Bangladesh Government,
the United Nations Children's Fund (UNICEF), the ILO, and
nongovernmental organizations.
e. Acceptable Conditions of Work
There is no national minimum wage. Instead, the wage
commission sets wages industry by industry. In most cases,
private sector employers ignore this wage structure, arguing
that low labor productivity vitiates any argument for a set
wage. In 1993 the Confederation of Labor Unions (SKOP) won a
minimum wage agreement for public sector factory workers that
fell slightly short of the level recommended by the wage
commission. According to the agreement, government factory
workers will receive about $24 a month (950 taka) plus
benefits, effective in July 1993. Private sector wages tend to
fall below the total government wage and benefits package. The
average wage of private sector workers in similar industries is
several hundred taka less.
The law sets a standard 48-hour workweek with 1 day off
mandated. A 60-hour workweek, inclusive of a maximum 12 hours
of overtime, is allowed. The law is poorly enforced in
industries such as hosiery and ready-made garments. Relative
to the average standard of living in Bangladesh, the average
monthly wage could be described as sufficient to support life
but not by any means a good wage for a family.
The Factories Act of 1965 nominally sets occupational health
and safety standards. The law is comprehensive but appears to
be largely ignored by many Bangladeshi employers. Workers may
resort to legal action for enforcement of the law's provisions,
but few cases are actually prosecuted. Enforcement by the
Labor Ministry's industrial inspectorate is weak. Due to high
unemployment and inadequate enforcement of the laws, workers
demanding correction of dangerous working conditions, or
refusing to participate in perceived dangerous activities, risk
losing their jobs. (###)
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