News published on difference media regarding death threats on human rights activist and lawyer in Bangladesh

প্রেস বিজ্ঞপ্তিঃ মানবাধিকার প্রতিষ্ঠান বিআইএইচআর'র নির্বাহী পরিচালক ও ঢাকা বারের বিজ্ঞ আইনজীবীকে প্রাণনাশের হুমকি ।

URGENT APPEAL: Ensure the protection of human rights defender & lawyer in Bangladesh

BANGLADESH INSTITUTE OF HUMAN RIGHTS URGENT APPEAL PROGRAMME

URGENT APPEAL CASE: BIHR-UA-HRD-07-11

DATE: July 26, 2011

ISSUE: Death threats, rights to human rights defender & lawyer, personal integrity, inaction of authority, impunity.

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URGENT  APPEAL:

BANGLADESH: Death threats against human rights defender & lawyer Shahanur Islam

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Dear Friends,

Bangladesh Institute of Human Rights received information regarding the recent death threats against Mr. Shahanur Islam, Executive Director of BIHR and also lawyer in Bangladesh allegedly by an accused of a case. According to received information, Hamidur Islam, an accused in a criminal case, phoned Mr. Islam on July 24, 2011 night and asked him to withdraw case and threatened him with life for failing to follow his instruction. A general diary (GD) was lodged in this connection with Mohammadpur Police Station under Dhaka Metropalitan Police, but yet no action has been taken by the concerned authority in connection with the allegation against the perpetrator.

BIOGRAPHIC INFORMATION:

Name of the Victim             :Adv. Shahanur Islam, General Secretary and Executive Director, Bangladesh Institute of Human Rights (BIHR), Country Observer, Global Human Rights Defence, The Hague, Netherlands; Founder, JusticeMakers Bangladesh Trust; Member of the Bangladesh Bar Council (Membership # 12766) and Bar Association in Dhaka District (Membership # 11177).

During the time of his duties, he moved many cases against the perpetrators as a lawyer and some of them have been punished. He also conducted many investigations and fact-finding missions on human rights violations as well as issued local and international urgent appeals requesting attention to concerned authorities. Due to his playing role to protection and promotion of human rights and criminal justice in Bangladesh, he receipt JusticeMakers Fellowship-10, awarded by International Bridges to Justice (IBJ), Switzerland 

Name of the Perpetrators :Mr. Hamidul Islam of village Jharbhanga under Gorea Union Parishad in Thakurgaon district. One co-accused of a criminal case filed by Mr. Islam alleging physically assault and rubbery during conducting an human rights violation investigation, who is recently release from the jail by bail. 

Date & time of  Incident    : July 24, 2011, around at 9.32 pm

Alleged phone number     : +88 01751370923

General Diary number       : Mohammedpur Police station GD No.1734,   Dated 25/07/2011

FACT DETAILS:

Advocate Shahanur Islam, General Secretary and Executive Director of Bangladesh Institute of Human Rights (BIHR); Country Observer for Bangladesh, Global Human Rights Defence, The Hague, Netherlands; Founder of JusticeMakers Bangladesh Trust and also Member of the Bangladesh Bar Council (Membership # 12766) and Bar Association in Dhaka District (Membership # 11177) received death threat through phone call allegedly by an accused of a case on 24 July, 2011.

One Hamidur Islam, the co-accused in a criminal case number Thakurgaon police station case No 06/06 filed by Mr. Islam on January 10, 2011 alleging physically assaults and rubbery during an fact finding investigation of human rights violation incident fraudulently called by them has been phoned Mr. Islam using the grammen phone number+88 01751370923  on Sunday night around at 9.32 pm and thretend him to kill if Mr. Islam and other witness to would go to Thakurgaon court being (HAZIRA) present as well as witnessed.

According to query of Mr. Islam, the caller Introducing himself as Hamidur Islam of Gorea further threatened to Mr. Islam using filthy language stating “you have been put me in jail for five month and now I am out of jail by bail. Now I want to see what can you do?” Again he said, “ I will see, how can you being present before the court for witnessed coming from Dhaka to Thakurgaon. One time we left you after a little bit torture and snatched every things, but if we reach you again, no body will find your dead body.” Furthermore he said,” What do you think about you? As a lawyer and also a human rights activist like you, can nothing to do us!” He also said, “You have no idea about our power. So, you had showed your braveness to file case against us after being tortured and losing everything”.  He again said, “if you want to be alive, you will withdraw the case by one weak, otherwise we know how to compel withdraw the case.”

The accused Hamidul Islam asked Mr. Islam to withdraw case and threatened him with life for failing to follow his instruction. He also hurled abusing languages at him and threatened to kill him if the case is not withdrawn immediately. Finally, he cut off the phone. The phone call deeply disturbed and frightened Mr. Islam and he lodged a general diary (GD) being number 1734, dated 25/07/2011in this connection with Mohammadpur Police Station under Dhaka Metropalitan Police.

You are requested to visit the following link to see the news published on the newspaper:

http://www.unbconnect.com/component/news/task-show/id-53952

http://www.newstoday.com.bd/index.php?option=details&news_id=34322&date=2011-07-26 
http://bdnews24.com/bangla/details.php?id=166202&cid=2 
http://ukbdnews.com/deshjure/39420-2011-07-28-12-36-13.html

BACK GRAUND HISTORY:

Mr. Shahanur Islam has been victimized in different occasions previously due to his activities to protect and promote human rights in Bangladesh.

On the 9^th of January, 2011 a fact-finding team composing of Mr. Shahanur Islam, Executive Director of Bangladesh Institute of Human Rights (BIHR) and two fact-finding officers, BIHR went to Jharbhanga village under Gorea union in Thakurgaon district fraudulently calling them to investigate the incident of the ill-treatment of a minority woman.

After reaching the spot, the fact-finding team begun to interview the applicant and the local people, 10 to 12 unidentified people came to the spot and questioned the fact-finding team about their reason of present there. One of the perpetrators identified himself as the chairman of the local union Parishad, another one as a member of Parishad. Then the perpetrators trying to accused the fact-finding tem to involve with a recent murder of a young boy and also trading with a stolen motorbike as well as taking part in fraudulent dollar transactions after getting identity and reason of present of fact finding team at there. Suddenly, one of the perpetrators physically attacked Mr. Islam and took away his mobile phone, while he was trying to call the local police station for help.

Meanwhile, the perpetrators also attacked the other two fact-finding officers and took away their mobiles as well.

The perpetrators – threatening the members of the fact-finding team with a pistol - looted the video camera, laptop, secret pen video camera, still camera, documents, money bag and all other valuable belongings of the fact finding team, amounting approximately to  BDT 3,50,000.

When Mr. Islam tried to shout for help, he was again physically attacked. Then the attackers forced the victims - by threatening them with pistol - to pose with dollars while the perpetrators took pictures of them. After taking the pictures, the perpetrators warned the fact-finding team not to inform the police about this incident, otherwise they will get these photos published in the newspapers and kill the victims. Finally the perpetrators fled away on some unregistered motorbikes.

Then Mr. Islam went to the Thakurgaon Police Station and tried to file the case in this connection on the same day. But the officer in charge refused to file it. Rather he sent one Sub inspector Mr. Biswanath with the victim to verify the incident instead of registering the case. But during the verification, the sub inspector forces the victim to back the police station without identifying the spot. On the next day morning Mr. Islam submitted a written First Information Report-FIR (Ezahar) mentioning the incident, but the OC again refused to register it instantly. Rather he asked Mr. Islam to submit a written FIR (EJAHAR) to the duty officer and also told Mr. Islam to back the Dhaka. In accordance with the instruction of OC, Mr. Islam submitted the EJAHAR to duty officer around at 12.30 pm and back to the Dhaka, but the officer in charge registered the case around at 6.15 pm on 10^th January, 2011 being number 06/06. Though the case was registered but he did not register it in proper section. He registered the case under 406/420/323/506 (2) of Penal Code instead of 406/420/323/395/506 (2) and arms act with out consulting with Mr. Islam.

To know more about the incident please visit the following links:

http://international.lawsociety.org.uk/node/3806

http://www.frontlinedefenders.org/node/14343

http://www.frontlinedefenders.org/node/14343/action

http://www.ghrd.org/default.asp?ID=3921

http://www.banglanews24.com/English/detailsnews.php?nssl=366c0196895c9eeaa75992bacac60426&nttl=2011012113370

http://www.eilpetitionen.de/p11ep1637.html

http://nipsa.in/index.php?option=com_content&view=article&id=56&Itemid=55

http://www.idhae.eu/idhae-fr-page2.htm

On February 04, 2011, one co-accused Hamidul Islam was arrested by the investigation officer and being present him before the Magistrate Court of Thakurgaon demanding five days remand. but the learned court pleased to issue two day remand. During the remand the arrested accused Hamidul Islam agreed to give confession involving with the incident. But finally, he did not give the confession before the court and the court sent him to the jail custody.

Please see the link to see news published on difference media: 

http://dinajpurnews.com/2011/02/05/%E0%A6%A0%E0%A6%BE%E0%A6%95%E0%A7%81%E0%A6%B0%E0%A6%97%E0%A6%BE%E0%A6%81%E0%A6%93%E0%A7%9F%E0%A7%87-%E0%A6%AA%E0%A7%8D%E0%A6%B0%E0%A6%A4%E0%A6%BE%E0%A6%B0%E0%A6%95-%E0%A6%A1%E0%A6%B2%E0%A6%BE%E0%A6%B0/

http://ptbnews.com/index.php/2010-07-05-01-08-21/9003-2011-02-05-13-40-50

http://www.bd-pratidin.com/?view=details&type=gold&data=Loan&pub_no=282&cat_id=1&menu_id=3&news_type_id=1&index=11&archiev=yes&arch_date=06-02-2011

http://www.cdnews24.com/2011/02/page/55/

http://bnbnews.co/bnbnews/?p=991

On 3^rd March 2011, around at 3.30 pm, Mr. Islam participated the TI Parade in to the Thakurgaon jail and identified the accused Mr. Hamidul Islam amonst others 20 prisoners in presented of senior judicial Magistrate of Thakurgaon district.

Mr. Komal Mohant Chaki, sub inspector of Thakurgaon police station and also the investigation officer of the case told Mr. Islam informally that they know who were involved with the incident but due to some technical reasons they cannot arrest them. He also told Mr. Islam that previously, Mr. Jamal Uddin, Secretary of Jubo League, Youth wings of ruling party of Gorea union unit assured him to recover all the goods, but later due to unknown reason he did not back the looted goods.

On 3^rd March, 2011, Mr. Islam asked to Mr. Chaki about the reason of failure to recover the goods as well as arrest the others accused, but he failed to give appropriate answer, only said that he is trying. Further, Mr. Islam asked to arrest Mr. Jamal Uddin but he refused to arrest him showing reasons that he was not present during the incident. Mr. Islam asked him to arrange a TI parade after arresting Mr. Jamal, but he did not take action yet. It is clear to BIHR that due to political influence, the police authority is silent to arrest the perpetrators as well as recover the goods.

BIHR FINDINGS:

This is not any isolated instance of such kind of threats and attacked or human rights defenders in Bangladesh. It is a very common phenomenon for the professionals like human rights defenders of Bangladesh facing attacked, harassment, ill treatment, death threats from the terrorist, law-enforcing agencies and security forces. It is well known that Bangladesh has cultivated one of the best cultures of impunity to alleged perpetrators of human rights abuses despite the nation’s presence in the UN Human Rights Council since May 2006. Instead of improving the country’s human rights records the government of Bangladesh has paved the ways to degrade the rights of the citizens through various means of violations.

RECOMENDATION:

i) Take all necessary measures to guarantee, in all circumstances, the physical and psychological integrity of Mr. Shahanur Islam and others two victims;

ii) Order a prompt, effective, thorough, independent and impartial investigation into the above-mentioned incident threats, the result of which must be made public, in order to identify all those responsible, bring them before a competent, independent and impartial tribunal and apply to them the penal sanctions provided by the law;

iii) Put an end to all acts of harassment against Mr. Islam as well as   against all human rights defenders in Bangladesh;

iv) Accomply with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular Article 1, which states that “everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels”, as well as Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

v) Guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by Bangladesh.

SUGESTED ACTION:

Please write letters to the relevant authorities to investigate this alleged incident of violence ensuring the physical security of the victim Adv. Shahanur Islam (saikot) and his family. We trust that you will take immediate action regarding this serious matter and look forward to your favorable response.

PLEASE SEND YOUR LETTERS TO:

1. Mrs. Sheikh Hasina
Prime Minister
Government of the People's Republic of Bangladesh
Office of the Prime Minister

Tejgaon, Dhaka
BANGLADESH
Fax: +880 2 811 3244 / 3243 / 1015 / 1490
Tel: +880 2 882 816 079 / 988 8677
E-mail: pm@pmo.gov.bd or ps1topm@pmo.gov.bd or psecy@pmo.gov.bd

2. Mr. Md. Mozammel Haque
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building

Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058 /+880 2 7161344

Tel: +880 2 956 2792
E-mail: chief@bdcom.com or supremec@bdcom.com

3. Barrister Shafique Ahmed
Minister
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat ,Dhaka-1000
BANGLADESH
Tel: +880 2 7160627 (O)

Fax: +880 2 7168557 (O)
Email: info@minlaw.gov.bd

4. Ms. Sahara Khatun MP
Minister
Ministry of Home Affairs
Bangladesh Secretariat,Dhaka-1000
BANGLADESH
Tel: +880 2 7169069 (O)

Fax: +880 2 7160405, 880 2 7164788 (O)
E-mail: minister@mha.gov.bd

5. Mr. Mahbubey Alam
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Annex Building

Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 1568

Tel: +880 2 956 2868

6. Prof. Mizanur Rahman
Chairman
National Human Rights Commission
10th Floor, Gulfeshan Plaza
8, Journalist Selina Parvin Road
Mogbazar, Dhaka
BANGLADESH
Tel: +88 02 8331492
Fax: +88 02 8333219
E-mail: nhrc.bd@gmail.com

7. Mr. Hassan Mahmud Khandker
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'

Fulbaria, Dhaka-1000
BANGLADESH
Fax: +880 2 956 3362 / 956 3363
Tel: +880 2 956 2054 / +880 2 717 6451 / +880 2 717 6677
E-mail: ig@police.gov.bd

8. Mr. Asaduzzaman Mian
Deputy Inspector General of Police (DIG)
Dhaka Range
Office of the DIG of Dhaka Range
Shegun Bagicha

Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 8353926 (O)

Fax: +880 2 8315838/ 9345858 (O)
Mobile: +8801713 373316
E-mail: digdhaka@police.gov.bd

Thank You

Urgent Appeal Desk

Bangladesh Institute of Human Rights (BIHR)

27, Bijoy Nagar, B-17, Dhaka-1000, Bangladesh

Tele-Fax: + 88 028352166; Skype: saikot.bihr, bihr.bd

Cell: +88 017 20308080, +88 015 56447876

Email: saikotbihr@gmail.com, bihr.bd@gmail.com,

www.shahanur.blogspot.com, www.bihrbd.blogspot.com

 

GHRD: Bangladesh Quarterly human rights report (April-June 2011)

In February and April of this year, over one hundred houses, one school and two Buddhist temples were burnt to ashes in two different attacks against indigenous minority communities in the Chittagong Hill Tracts (CHT) of Bangladesh, leaving hundreds of indigenous men women and children homeless and many injured. 

GHRD’s local partner Adv. Shahanur Islam recently went to the region to investigate the attacks and talk to those affected. Our investigations found that some 638 Jumma were affected in the attacks. Many of those who lost their homes in the arson attacks continue to live in tents or temporary shelter.

All interviewees confirmed that on both occasions, security forces were present but failed to act to stop the violence, looking on as the destruction occurred. The government of Bangladesh has thus far failed to adequately investigate this - reflecting its lack of real commitment to bringing peace in the region and bringing into question the real intention of the government to implement the 1997 CHT Peace Accord.

The local authorities have also failed to investigate the attacks, despite identification of the main perpetrators of the violence. At the time of writing of this report no-one had yet been arrested in relation to these attacks.

Instead of promoting transparent investigations and reporting, the government proclaimed an ‘emergency’ prohibiting any access to the area following the attacks.  The government has also failed to promote transparency in the region following the attacks. During our team’s investigations, the local authorities expressed strong suspicion towards any international involvement in the region. Our observer Adv. Shahanur Islam was approached and questioned on multiple occasions by members of the Border Guards of Bangladesh and by the district special branch of police who requested information on the identity of the team, the organisation they worked for and purpose for their visit.

These attacks are clear examples of a government failure to uphold basic human rights and protect the Jumma. In addition, the implication of military forces in the attacks and the lack of impartial investigation prove that the government of Bangladesh is either unwilling or unable to protect its Jumma population and must be held accountable within the international forum. 

Fact finding

Massive communal attack on Jumma villages by Bengali settlers in presence of security forces at Longadu in Rangamati

17 February 2011, Longadu Upazila

On the morning of 17 February 2011 around 200-300 Bengali settlers from the Gulshakhali settler area under Longadu Upazila in Rangamati district began staged demonstrations, attacking and setting fire  to the Jumma villages of Gulshakhali and Rangi Para. The following information is based on GHRD’s case file (Case no. 03-HRCF-CHT-Longadu), prepared by our local observer.

Bengali settlers accused Jumma of being responsible for the death of Mr Saber Ali, a Bengali settler who went missing on February 15 and was discovered dead the following day. The settlers carried his dead body during the demonstrations, creating tension. During this procession, most of the Jumma fled in fear.

Following the procession, two Jumma students coming from Rangamati by boat were attacked and severely beaten by settlers when they attempted to disembark from the boat. They were later admitted to Rangamati general hospital.

Later in the day, Bengali settlers made an attack of the Jumma villages of Gulsakhali and Bagachatar, setting fire to Jumma houses one after the other. In the attack, at least 21 Jumma houses including one BRAC school were burnt to ashes and 6 houses were looted.

According to all 40 Jumma victims interviewed, the Border Guards of Bangladesh (BGB) did nothing to stop the Bengali settlers from setting fire on Jumma houses, despite being present at the time. Early in the day, Jumma leaders informed members of the BGB and the administration, asking for protection, but at this stage they did not come. Later in the evening around 5pm there were 12 members of the BGB from Rangipara Tematha camp present during the arson attacks, but stayed silent. During the later arson attacks in Stantinagaor village, 20-25 BGB members staying in a nearby temporary BGB camp at Shanti Nagar watched the attacks from inside the camp.

A First Information Report has been lodged with the Longadu police station by one of the Jumma victims, however, he has been receiving constant threats and intimidation to withdraw the complaint, including statements that “If you do not withdraw the case, we will take that step which we need to withdraw” and “If you do not withdraw the case you will fall in danger”.

Massive Communal Arson Attack upon Indigenous Jumma Peoples by Bengali Settlers in Ramgarh & Manikchari, Khagrachhari district

17 April 2011, Khagrachhari district

On Sunday 17 April 2011, exactly two months after Bengali settlers attacked the Jumma villages in the Rangamati district of the CHT; Bengali settlers in the presence of government security forces again attacked five indigenous Jumma villages in Khagrachari district of the CHT, but this time on a larger scale. The following information is based on GHRD’s case file (Case no. 04-HRCF-CHT-Khagrachari), prepared by our local observer. 

According to our local observer, a total of 521 Jumma were affected by the attacks and 87 houses belonging including two Buddhist temples were completely burnt to ashes. At least 16 Jumma including four women were injured and one is still missing. At the date of this report, a small amount of relief had been provided to the victims but it is inadequate, all the victims continue to live under the open sky in the jungle or in traditional tents.

The attacks followed the death of three Bengali settlers that occurred during a land dispute when Bengali settlers tried to take adverse possession of some disputed Jumma land.  Bengali settlers brought out a procession at Manikchari bazaar shouting slogans against the Jumma people along with the dead body of a Bengali settler. Interviewed victims stated that the local administration did not oppose the Bengali settlers while they were bringing out the procession with the dead body.

Immediately after the procession, Bengali settlers set fire to Jumma houses in the Mahamani areas of Manikchari upazila headquarters.

During the attacks around 20-25 army men were standing in the vicinity while the houses and shops of the Jumma people were looted, vandalised and set ablaze. Though military forces were patrolling throughout the areas, they did not oppose Bengali settlers from setting fire to Jumma houses. The army kept patrolling along the road side while on the other, Bengali settlers started entering Jumma villages and setting fire to Jumma houses.

In Jalia para area, Bengali settlers attacked Jumma passengers getting them down from public buses including Shanti Paribahan who were coming from Chittagong and Feni to Khagrachari. At least 16 Jumma were wounded in this attack. Two of them were admitted in serous condition to the local hospital. According to eye witnesses Bengali settlers were stopping every vehicle and looking for ethnic minority people in jalia para area, getting the ethnic minority people out of the vehicle and then beating them with batons, kicking and slapping them - most of the victims injured their legs, hands, and head and had bruises all over their bodies.

Transparency and accountability:

Instead of promoting transparent investigations and reporting, the government proclaimed an ‘emergency’ prohibiting any access to the area following the attacks. 

During our team’s investigations, the local authorities expressed strong suspicion towards any international involvement in the region. Our observer Adv. Shahanur Islam was approached and questioned on multiple occasions by members of the Border Guards of Bangladesh and by the district special branch of police who requested information on the identity of the team, the organisation they worked for and purpose for their visit.

House of Lords conference on the implementation of the 1997 CHT Peace Accord in London, July 4 2011

GHRD representatives attended and spoke at a recent conference at the House of Lords in London. The conference focused on the human rights violations that are continuing in the CHT region and on the implementation of the 1997 Chittagong Hill Tracts Peace Accord.

GHRD Human Rights Officer Julia de Blaauw spoke of GHRD’s recent fact finding in the CHT region and about the recent arson attacks that took place in February and April of 2011 in Rangamati and Khagrachari districts. Lord Eric Avebury, Co-Chair of the CHT Commission, chaired the conference which was jointly hosted with the Jumma Peoples Network of the UK (JPNUK). The High Commissioner for Bangladesh was present, along with academics, members of the Jumma Peoples network and representatives from Survival International and Amnesty International.

The High Commissioner for Bangladesh maintained that a military presence is required in the CHT region and that there ‘are no indigenous’ people in Bangladesh. In conversation following the conference, GHRD representatives requested information on the government’s activities and investigations into the arson attacks of February and April but received no information on this. The representative maintains that the government is ‘investigating’, however, no information has been forthcoming.

Read GHRD’s statement here

NGO and media reports

The UN Tenth Session of the United Nations Permanent Forum on Indigenous Issues  16-27 may

The implementation of the 1997 CHT Peace Accord and current issues in the CHT region were discussed during the recent UN session on Indigenous Issues in May.  During the forum, Lars–Anders Bauer, Co-chair of the Chittagong Hill Tracts Commission and member of the UN permanent forum on indigenous issues, presented his report on the implementation of the 1997 Peace Accord. The main finding of the report was that the Peace Accord remains largely unimplemented and that the government has done next to nothing to implement.

Mr Bauer highlighted the fact that the report had been submitted to the Bangladeshi government and received no response. Mr Bauer called for the government to:

• draw up a timeline for implementation of the accord
• demilitarize the region
• return all daily operations to a civilian administration rather than military
• settle land disputes in the region
• request assistance from international organizations to help implement the Accord.

The government of Bangladesh replied by saying that the Jumma are tribal, ethnic minority groups and as such cannot be considered as indigenous. Government representatives further stated that Bangladesh does not have an indigenous population within its borders, therefore, there is no issue and the UN forum has no authority to report on these issues. The government considered that the report is ‘cherry picked’ and paints a ‘darker picture’ of the government.

GHRD rejects these statements and maintains that the Jumma are indigenous. Furthermore, the lack of preservation of Jumma identity and culture and the denial of indigenous rights is further degrading their quality of life and they continue to experience human rights violations on a regular basis. 

Recommendations

The February and April arson attacks amount to a government failure to uphold basic human rights and protect the Jumma. The implication of military forces in the attacks and the lack of impartial investigation prove that the government of Bangladesh is either unwilling or unable to protect its Jumma population and must be held accountable within the international forum. 

Implementation of the 1997 Peace Accord was a major election promise of the ruling government, the Awami League. To date, the government has failed to honour this commitment and land grabbing and disputes over land continue to be the main reason for attacks by Bengali settlers against the Jumma in the CHT.

GHRD’s view remains that the government of Bangladesh must take responsibility for the human rights violations in the region and must fully honour its stated commitment to the 1997 Peace Accord by: impartially investigating the human rights violations that have occurred and the role of the military in these violations, bringing those responsible to justice and demilitarizing the region.

GHRD therefore urges the government of Bangladesh to:

·         Thoroughly and impartially investigate the February and April attacks; identify the main perpetrators and those responsible to justice. Ensure exemplary punishment of the perpetrators who were directly or indirectly involved in this violation of human rights.

·         Investigate the involvement of the security forces and Border Guards of Bangladesh in these attacks and punish those responsible.

·         Issue instructions to military, para-military, police and para-police personnel posted in the CHT to protect all communities without discrimination and to provide communities that have a recent history of such attacks or vulnerability special protection.

·         Take all measures to fulfil Awami League election promises by fully implementing the Chittagong Hill Tracts Peace Accord and providing a forum for solving land disputes.

·         Recognise minority Jumma as indigenous in Constitution and sign the UN Declaration on Indigenous peoples rights

পার্বত্য চট্টগ্রামে আদিবাসী সংখ্যালঘু সম্প্রদায়ের উপর আক্রমনের সময় সরকারের নিরাপত্তা বাহিনী রহস্যজনকভাবে নীরব ভুমিকা পালন করে।

এই বছর ফেব্রুয়ারি ও এপ্রিল মাসে দুটি পৃথক আক্রমনে পার্বত্য চট্টগ্রামে সংখালঘু পাহাড়ী আদিবাসী সম্প্রদায়ের শতাধিক বাড়ী, একটি স্কুল এবং দুইটি বৌদ্ধ মন্দির ভষ্মিভূত হ্য়, যাতে ছয় শতাধিক আদিবাসী সংখ্যালঘু পুরুষ, মহিলা এবং শিশু গৃহহীন এবং অনেক মারাত্বকভাবে আহত হন ।

2010 JusticeMaker Shahanur Islam republishes the human rights information flyer

In preparation for a community information session that he will conduct in the near future, JM 2010 Shahanur Islam recently republished a brochure about human rights standards in Bangladesh. Bangladesh Institute for Human Rights (BIHR), published the brochure several months ago, in preparation for a door-to-door campaign to highlight the problem of torture in prisons. The pamphlet empowers ordinary Bangladeshis by informing them—in language easily understood by a layperson—of their rights once they are behind bars. As part of the community information session, Shahanur intends to distribute the brochure to residents of Dhaka and outside of Dhaka who have fallen victim to police abuse.

Shahanur says that his intention in creating and publishing the pamphlet was to remove a “veil of silence” that keeps torture victims from asserting their rights as human beings and citizens of their own country. Understanding that citizen activism is often muffled by illiteracy and a lack of education, the brochure contains short, impactful phrases that ordinary citizens can learn ad share with their neighbours and friends, to help amplify their voices.

BANGLADESH: Global Human Rights Defence (GHRD) Quarterly Human Rights Report (January – March 2011)

Global Human Rights Defence (GHRD) Quarterly Human Rights Report January – March 2011 Download the report as a pdf  Contents Introduction  Fact finding  NGO reports  Media Reports  Legal developments  Recommendations    In 2011, according to our mandate GHRD will report on human rights issues in Bangladesh on a quarterly basis and will focus on issues of abuse against minorities, particularly those in the Chittagong Hill Tract region, and extra judicial punishments resulting from village arbitration. These reports are the result of fact finding missions conducted by local partner organisations and news monitoring conducted at GHRD headquarters in The Hague.   Introduction In the first quarter of 2011, attacks against human rights defenders dominated reporting from international organisations and the safety of human rights defenders in Bangladesh was of increased concern. Amongst them, our own observer, Shahanur Islam, executive director of the Bangladesh Institute of Human Rights, also came under attack early in the year. Freedom of the press was another concern, Odhikar reported that during the quarter 20 journalists were injured, 20 threatened, 10 assaulted and 3 cases were filed against journalists during the course of their work. Attacks against minority Jumma communities in Chittagong were also highlighted in the international media due to the February 17th attacks when Bengali settlers set fire to Jumma villages, leaving Jumma communities without homes. GHRD’s 2010 year report on human rights in Bangladesh gained wide scale media attention in Bangladesh and abroad following a press conference to announce the release of the report on the 28th of February, organised in association with the Bangladesh Institute for Human Rights. The report will form a platform for future lobbying and discussion on human rights issues against women and minorities. During the quarter, (minority) women were raped and subjected to inhumane extra-judicial punishments in village arbitrations, stalking, attacks and sexual assault.*(1) In particular, Serafina Mardi, a 14 year old minority girl set fire to herself and died from her wounds after being gang raped and then subjected in village arbitrations to marry one of her rapists. Hena Ahkter, a Bangladeshi girl was also publicly whipped to death for an alleged affair with a married man as a result of village arbitration. Her family claims she was in fact raped, however these allegations have not been investigated. In many of the cases investigated, the perpetrators of such crimes benefit from impunity and go unpunished. Dealing with such crimes requires better training of police, better legal protection for victims and witnesses of sexual assault, and better rehabilitation and counseling for victims. Ingrained attitudes in society and traditional customs reinforce these attitudes towards women and this is illustrated by the protests and riots following government announcements of its approval of the National Women Development Policy on international women’s day, the 8th of March. Islamic groups organized protest rallies to demand that the policy be cancelled out of concern that it would interfere with Sharia law. Such attitudes only hinder positive development and it is important that the government does not give in to such extremist demands and follows through on their commitment to ensuring and upholding equal rights for women. *(1) Odhikar reported 29 cases of acid violence, 104 cases of dowry related violence, 127 cases of rape and 203 cases of sexual harassment/ stalking during the quarter. GHRD publishes its year report on Human Rights in Bangladesh Click here to access the report  Fact finding Human Rights Defender, Shahanur Islam attacked Thakurgaon district, 9 January 2011 Mr Shahanur Islam, executive director of the Bangladesh Institute for Human Rights, lawyer and GHRD local partner, was subject to physical assault and verbal threats during the course of his work in January this year. During an investigation on the 9th of January, 2011 Mr. Islam and two fact-finding officers were physically attacked, threatened and had their belongings looted in Thakurgaon district. The attackers threatened Mr Islam and his associates with a pistol and forced them to pose with money while the perpetrators took photos of them. The perpetrators warned the fact-finding team not to inform the police about this incident or they would publish the photos and kill them. To date, one of the perpetrators has been arrested, although the other ten perpetrators continue to benefit from police impunity. When Mr Islam recently went to the region to identify his attackers, the co-accused said that the attack was perpetrated at the request of the secretary of Jubo League (the youth wing of the ruling party, Awami League). He also mentioned that members of the student league and local union parishad unit involved in the incident. Arson attack on Jumma minority community Chittagong Hill Tracts, 17 February 2011 On 17 February 2011, Bengali settlers from the Gulshakhali settler area, Longadu Upazila, Rangamati district in the Chittagong Hill Tracts attacked and set fire to the Jumma villages of Gulshakhali and Rangi Para areas. Around 23 Jumma homes were burnt to ashes. The event occurred shortly after the death of a Bengali settler who went to collect firewood in the forest on Tuesday and did not return. His body was found in Rangipara on Wednesday. The Bengali settlers then carried his dead body during the demonstrations, accusing the Jumma of being responsible for his death. They mounted an arson attack burning around 23 Jumma houses and one school to ashes and injuring two Jumma students. According to PCJSS, Jumma villagers gathered themselves and tried to defend the remaining houses and face off the Bengali settlers. Jumma leaders also informed the local administration including police. However, according to local organisations, both the police and the Border Guards of Bangladesh (BGB) stood by as onlookers while the Bengali settlers set fire to the Jumma houses and failed to act to stop the attacks. It is also alleged by PCJSS that the attack was mounted under the leadership of the Bagachatar union council chairman Wazed Ali and Gulishakhali union council chairman Abdur Rahim, who is also general secretary of Langadu upazila Awami League. The Chittagong Hill Tracts Commission has added its condemnation of this event and has written to the Prime Minister Sheikh Hasina about the issue and the lack of action on the part of the Border Guards of Bangladesh. According to the CHT Commission, a day after this incident there were allegations that members of the army were raiding homes of the Jummas and beating up villagers in Kudukchari of Rangamati, following protests made by the Jummas against the attacks in Langadu. Case update on torture of Shila Mullick In our October 2010 report, GHRD reported on a case of police negligence and torture against a Bangladeshi NGO worker, Shila Mullick. Ms. Mullick went to the Madaripur police station to file a case of police negligence regarding the attempted murder of her husband. The then superintendent of police attempted to persuade her to remove her case through means of torture, hitting her with a cane and dragging her by her hair. On 4th of January, 2011 The Supreme Court of Bangladesh issued a rule calling on the government of Bangladesh to take departmental proceedings against the Superintendent. On this day, Ms. Shila Mullick, with the help of GHRD Dhaka observer, Rabindra Ghosh filed a writ petition in the High Court, using the investigative reports of GHRD. The latest status of the case is that the officer in question has been transferred to the traffic and driving school – a small victory in the Bangladeshi system. Ms. Mullick continues to speak out about her abuse and recently spoke at a GHRD press conference held in Dhaka for the release of our 2010 year report on human rights in Bangladesh. Urgent appeals and announcements Ensure the protection of human rights defender Mr. Shahanur Islam [UA-BA-18-01-2011]  Arson attack on Jumma minority community in Rangamati, Chittagong Hill Tracts [UA-BA-22-02-2011]  Urgent Announcement: Cyber attack against Bangladeshi human rights defender Jahangir Alam Akash [03-02-2011]  Call for an end to the harassment of Odhikar secretary and staff by national security agencies [UA-BA-24-03-2011]    Back to top  NGO reports Odhikar Mid-term observation report for the Universal Periodic Review of the Human Rights council Odhikar has published its mid-term observation report for the universal periodic review of the human rights council, citing a failure on the part of the Bangladeshi government to implement its promises made before the international community on key human rights issues during the period 2009-2011. Key issues highlighted by Odhikar include: The occurrence of extra-judicial killings committed by enforcement agencies, particularly the Royal Action Battalion, despite government declarations of “zero-tolerance” for such killings. Torture and unexplained deaths in custody. The death penalty and arbitrary imposition of the penalty due to a lack of transparency and wide scale corruption among the judiciary. Lack of government tolerance for a free media. Violence against women and a lack of adequate investigation and prosecution by the authorities for sexual crimes. Odhikar quarterly report January – March 2011 In its quarterly human rights monitoring report, Odhikar highlighted the following human rights issues: Extra judicial killings - “reported statistics show that every 3 days, 1 person is killed extra judicially” Instances of border killings and political violence, Odhikar also reported that 22 people were killed and 1191 injured during political violence in the month of January 2011 alone. Over half of those injured occurred during the Pourashava (municipality) elections. In Jhenaidah district shops owned by religious minority communities were affected and many have shut down as a result. Politically motivated withdrawals from prosecution of cases involving ruling party leaders and activities. According to Odhikar, on January 11, 2011 a total of 1479 cases were proposed for withdrawal at a meeting of the ‘national committee on reviewing cases for withdrawal’. It has been reported that around 6750 cases were withdrawn under political consideration in the last two years since the Awami League assumed power. RAB disappearances Arson attack against Jumma community in Rangamati district, CHT Widespread violence against women and instances of village arbitration including: sexual harassment, stalking, dowry-related violence, rape and acid attacks Click here to access the Odhikar mid-term assessment report  Click here to access the Odhikar quarterly report    Back to top  Media Reports Serafina Mardi ,14 year old ethnic minority girl set fire to herself and died after gang rape (BBC, Daily Star, New Age) In February, Serafina Mardi, a 14 year old minority girl committed suicide by setting herself on fire. She later died on 17 February of severe burns. Serafina was gang raped by nine indigenous men in April 2010. She initially filed a complaint with the police against the men but it was not pursued. According to news reports the rapists were influential in the local community and the accused men forced her family to agree to an out of court settlement in exchange for money. As part of the settlement, orchestrated through village arbitration, her family forced her to marry one of the rapists. Only after protests by the indigenous community have the police taken action and arrested 10 people, including indigenous community leaders and a catholic priest, Father Bernard Tudu, for their involvement in the out-of-court settlement. Nevertheless, the rapists have not been charged for their crimes and continue to benefit from this impunity. Bangladeshi girl publically whipped to death in village arbitration for an alleged affair with a married man (BBC, CNN) Hena Ahkter, a Bangladeshi girl was publicly whipped and died from her wounds for an alleged affair with a married man. She was sentenced to receive 80 lashes by village elders who accused her of having an affair with her cousin, Mahbub Khan. Her family state that Hena was in fact raped. Mr Khan was also sentenced to receive lashes for rape but escaped before punishment. Local authorities arrested and detained the imam of the local mosque and other village elders responsible for the fatwa ruling but no prosecutions have yet been made. The claim of rape has not been investigated by the authorities and it is unknown whether Mr Khan, the alleged rapist has been found. Jumma women raped in CHT (BIHR) On 10 February 2011 a 22 year-old Jumma woman was raped by two Bengali settlers in Naikhyongchari Upazila district in the Chittagong Hill Tracts. Despite the perpetrators being identified, none have been arrested. Indigenous Marma girl raped (Daily Star, BDnews, Banglanews) A teenage indigenous Marma girl from Bandarban district was raped in Bahaddarhat. The perpetrators tied up her uncle, stole their belongings and took footage of the rape – threatening the girl and her uncle that they would release the tape if they disclosed the matter to anyone. The police are investigating the case and arrested the owner and manager of the hotel. Neither has been charged for the rape. Acting Editor of the Daily Amar Desh re-arrested following release from jail (Daily Star, BDnews, Odhikar) On March 17, Mahmudur Rahman, the acting editor of the Daily Amar Desh was released from the Gazipur District Jail after serving nine and half months in prison for writing against government corruption and the politicisation of judiciary. A warrant for his arrest has again been issued, this time for a report published in the Daily Amar Desh on April 4, 2010 mentioning that “there are also war criminals among the top Awami Leaders and the relatives (of the Prime Minister)”. Call for an end to the harassment of Odhikar secretary and staff by government intelligence agencies National security agents have been following and harassing Odhikar’s Secretary Mr Adilur Rahman Khan, his family and other Odhikar staff members since October 2010. According to Odhikar, members of government intelligence agencies have been monitoring Odhikar and its secretary, Advocate Adilur Rahman Khan since March 14, 2011, following Odhikar’s 3rd Annual Human Rights Defenders Conference on the 12th and 13th of March. Government intelligence agencies have been following Mr Khan to his home and harassing his family members and employees, enquiring about his movements and schedule. National intelligence agents have also been requesting documentation on Odhikar which has already been submitted to the NGO Affairs Bureau. Under the Foreign Donations (Voluntary Activities) Regulation Rules 1978, any NGO receiving funding from abroad must register with the NGO bureau and apply for registration. This registration must be approved by the Ministry of Home Affairs and can be cancelled at any time. These requirements restrict civil society activities in Bangladesh make it easy for the government to influence NGO conduct and even shut them down, in instances where an NGO criticises the government. This practice is not transparent and is a form of intimidation which attempts to influence every level of an NGO’s activities. On the 24th of March 2011 GHRD sent out an urgent announcement, lending its voice to the condemnations against this harassment from other international human rights organisations. GHRD is alarmed by this increased surveillance and intimidation of Odhikar staff and it is clear that these tactics are designed to slow down Odhikar’s human rights activities. GHRD condemns these acts and demands that the intimidation of Mr Khan, his family and the staff at Odhikar ceases immediately.   Back to top  Legal developments Ethnic groups and minorities not recognised in 2011 government population and household census The government population and household census conducted in mid-March failed to recognise over 40 distinct ethnic groups in Bangladesh, many of which reside in the Chittagong Hill Tracts region. The census provided for 27 distinct ethnic categories. Examples of such groups that are not categorised in the census questionnaire are the Mahatos, Baraiks, Mahalis, Ahamias, Rajbangshis, Rais and many others. Without conducting a census, these groups go uncounted but are estimated to account for around 1 million of the population. Mizanur Rahman, the Human Rights Commission chairman has publically stated that failing to recognize ethnic and minority communities such as Dalits, Harikans, and transsexuals constitutes a human rights violation. This lack of recognition has sparked discussion on the lack of recognition of ethnic minorities in the Constitution of Bangladesh and on 19 March 2011 indigenous peoples of Bangladesh organised human chain across the country demanding constitutional recognition as indigenous peoples. Chairman of the parliamentary caucus on indigenous affairs, Rashed Khan Menon stated that problems in the Chittagong Hill Tracts cannot be fixed without such constitutional recognition of ethnic minorities. National Women Development Policy The government has approved the National Women Development Policy (NWDP) 2011, which aims to provide women with opportunities in employment and business and provision of equal shares in property. Traditionally, under Bangladeshi law women are discriminated against in terms of inheritance - the NWDP would change this and every child would be entitled to inherit the same amount. The government intends to enact news laws to give effect to the policy. However, when asked whether the policy would contradict with the Muslim family law, Shirin Sharmin Chowdhury, the state minister for women and children affairs said the NWDP is not a law and does not affect the inheritance laws. This statement seems to be contradictory to the spirit of the policy. The government announcement was met with protest rallies from Islamic groups demanding the policy be withdrawn on the basis that the policy would interfere with Sharia law. Protest rallies held on the 11 march, directly soon after the governments’ announcement, and more recently on the 26 March, 3rd and 4th of April were organised by the Islamic groups Islami Ain Bastobayon Committee (IABC) and Islami Oikyo Jote (IOJ). They also demanded that the ban on fatwa punishments be lifted, threatening tougher movement to oust the government if their demands are not met. On the 3rd April, a student from an Islamic school was shot dead and 30 others were injured during another protest against women’s rights and the women’s development policy in Jessore district.   Protests against the National Women’s Development Policy during the general strike called by Islamic Law Implementation Committee on 4th April, 2011. Source: New Age newspaper The NWDP is a revival of an earlier 1997 policy, in fulfilment of an election pledge by the Awami league. Similar announcements have been made in the past in 2004 and 2008 but the government has not followed through on these announcements. In particular, the government made announcements of a Women’s Development Policy in 2008, which were met with protests from Islamic lobbyists. The government made no move to pursue the policy until its recent announcement in 2011. GHRD urges the government of Bangladesh not to give in to extremist demands and follows through on their commitment to ensuring and upholding equal rights for women. It is also important that the government take specific measures in law and policy to ensure equal opportunity for women. It remains to be seen whether the government fully intends to follow through on the policy and GHRD will continue to monitor the progress of the NWDP in the future. High Court decreed the stalking of women a sexual offence (Daily Star) In March 2011 the High Court declared stalking of girls and women illegal, and directed the government to consider the offence as sexual harassment. The ruling follows a rise in incidences of stalking and suicides as a result. The court asked the government to properly define ‘sexual harassment’ and to make stalking an offence in the Women and Children Repression Prevention Act. The court also asked the government to provide protection for victims and witnesses and to address the mental trauma experienced by victims. However, GHRD notes that High Court rulings in the past have tended to be disregarded. Back to top  Recommendations In light of the cases investigated and researched by GHRD in consultation with its local Bangladesh partners in the period January- March 2011, GHRD makes the following recommendations: End all intimidation and harassment of human rights defenders and journalists and prosecute all those responsible for attacks, intimidation and harassment against human rights defenders. Take all measures necessary to protect them during the course of their work. Make the law and process for NGO registration transparent – Any government decision to withdraw an NGO’s registration must be informed, justified and transparent. Police authorities must adequately investigate all criminal cases that are filed with them and all those responsible must be arrested and prosecuted. In cases where extra-judicial punishments have been carried out, the authorities must fully prosecute those who order and carry out these inhumane rulings. Cases of sexual assault and rape must be fully investigated, even in cases where the victim or their family have been pressured into settling their cases outside of the legal process. The government of Bangladesh must follow through on its Women’s Day promises and put the approved National Women’s Development Policy into effect, not only through legislation but through active social programmes and policies that enable women to have equal opportunities. The government must not give in to extremist demands to withdraw the policy and must maintain its commitment to equal opportunity for women. The Bangladeshi government must provide adequate legal processes to deal with cases of rape and sexual assault that are presented to the authorities and also provide rehabilitation and support for female victims of rape who have experienced gross trauma. Recognise ethnic and minority communities in the Constitution of Bangladesh and reflect this in government data collection, particularly the population and household census. This is a first step towards protecting minorities throughout the country. Back to top  Local Observers and Partners GHRD Dhaka conducts fact finding investigations and provides legal assistance to minority victims of human rights violations in Bangladesh. In addition GHRD Dhaka, collaborates with Parittran (Dalit Rights), Bangladesh Institute of Human Rights, Bangladesh Rehabilitation Centre for Trauma Victims and Bangladesh Minority Watch. GHRD Dhaka, Observer Advocate Rabindra Ghosh 3/2 Purana Paltan – Purana Paltan P.S, Dhaka-1000 Phone nr : + 0711172468 Bangladesh Minority Watch (BDMW) 12, K.M. Das Lane- Tikatully- Bholagiri Trust- Sutrapur PS, Dhaka.Telephone: 0088-01711172468, bdmw.org. Bangladesh Institute of Human Rights (BIHR) 27, Bijoy Nagar, Dhaka-1000, Bangladesh, Cell:+8801720308080; Phone: + 88 02 9349851, Fax:+88028352166; Email:bihr@bangla.net, saikotbihr@gmail.com, bihr-bihr.blogspot.com . Bangladesh Rehabilitation Centre for Trauma Victims (BRCT) 27, Bijoy Nagar, Dhaka-1000, Bangladesh, Phone nr: +88 02 934 9851, Fax: +88 02 831 5912, Email: brct@citechco.net, brct.org . Parittran, Laksmanpur, P. O.: Shubhashini – 9420 P.S.: Tala, Satkhira, Phone nr: +8801713425610 Email: dalit_bd@yahoo.com parittran@yahoo.com, dalitbangladesh.wordpress.com.