Human Rights in Bangladesh: Success and Challenges

Abstract

Human right is a wide spectrum that includes various opportunities that human being deserves to sustain and thrive in life. It is state’s responsibility to assure access of all to fundamental rights. But often the state faces challenges from internal as well as external sources in that pursuit. Bangladesh is quite a new country with the credit of creating a congenial environment for its citizens. Nonetheless, over the years, the country has gone through various natures of regimes and had its own share of human rights violence. This chapter discusses the foundation on which the human rights of Bangladesh stand and how that has been shaken and made robust over time. The main background of discussion is the democratic regimes when the expectation on human rights provision is the highest. Followed by that, the current situation of human rights in the country is analyzed, and the challenges that the global human rights structure is facing are discussed. Bangladesh is not immune to these challenges and needs a strong basis to deal with them. Lastly, the chapter comes up with a few recommendations to tackle these challenges and determines the ways to create a just human rights regime in the country.

1. Introduction

The human person has rights because of the fact that it is a person, a whole, a master of itself and its acts, and which, consequently, is not merely a means to an end, but an end, an end which must be treated as such…. by virtue of natural law, the human person has the right to be respected, is the subject of rights, possesses rights. These are things that are owed to a man because of the very fact that he is a man.

Jaques Maritain¹ [1]

In 1971, three million people laid down their lives [2] so that a country named Bangladesh can be born, and that every citizen of that country can have the recognition of nationality and access to the basic rights of life. The main aim of the liberation war was to achieve economic and political emancipation—freedom from want and freedom from any form of exploitation [3]. The repression of the tyrannical West Pakistani rulers was no more to be endured, and the spirit of freedom encouraged the common people to fight against domination and exploitation. People of all sections irrespective of religion and ethnicity fought for their liberty and legitimate rights. However, the people of Bangladesh still continue to fight for their economic and political rights despite the fact that nearly 50 years have passed after the liberation war. The country has thus far gone through several segments of political, societal, and economic changes to reach the situation of the present. Beginning with the biggest loss of losing the “Father of the Nation” in 1975 at the hands of a few degraded military officers and political personnel, the journey toward development has been wrought with strife [4]. Years of nondemocratic military rule that followed have crippled the nation; misuse of constitutional provisions has deteriorated law and order; economic turmoil has challenged progress, and political instability caused widespread violence. But the people, inspired in the spirit of the liberation war and under the protection of the constitution, always raise their voices for their rights. The coalition among people has allowed the toppling down of oppressive governments in order to establish a democratic state system. Governance has often become infringed with immorality, but the courage to stand for one’s rights never died off. However, even till today, the country sees various forms of human rights violations inflicted on its people just to sustain the interest of a handful. With the fast-moving world of the modern era, these challenges are becoming more and more vicious and difficult to tackle. This chapter focuses on this pertinent issue of the status of human rights, mainly during the democratic regimes of the country.

In the initial part of the discussion, the emergence of Bangladesh as a glorious country with an acclaimed history has been presented. The foundation of this country stands on its constitution, which provides the picture of a nation where everyone is designated to basic human rights. The best part of this foundation is that it is an exact reflection of the international standard of human rights, which allows every human being, under the jurisdiction of its sovereignty, to be born with an identity and lead a life of protection.

Secondly, an image of the human rights situation of the country over the past few decades has been captured to understand the essence of the changing human rights perspective. Followed by this discussion, the current status of human rights in Bangladesh has been focused on where three sections of the state, responsible for human rights protection have been analyzed—the institution, the laws and policies, and the law enforcement agencies.

In the third part, the challenges that the human rights paradigm might be facing in this rapidly changing world have been discussed. People are no more constricted within borders and free movements have created opportunities that are amicable for development. But with that process, come situations that might be harming the civilization: technologies that are demolishing societies, systems that are creating divisions, and interactions that are intensifying conflict.

And lastly, before laying down a conclusion, a set of recommendations has been put forward to make Bangladesh prepare for these challenges. Bangladesh has decorative sets of policies and institutions, which if used properly, can create a human rights regime like no other. These measures are urgent to take to compete equally on the platform of fast development. Only the assurance of every citizen leading a protected life can create an environment proficient for development.

2. The emergence of Bangladesh, the formulation of the constitution, and the projection of human rights

The emergence of Bangladesh as an independent nation has a long historical background of oppression and relative deprivation imposed by a tyrannical government [5]. People of the then East Pakistan did not only fight to gain an autonomous state but also to establish a sovereign nation where they are the protector of their rights. With the inspiration of a democratically ideal, equitable, and prosperous society, millions of people laid down their lives for a better future. The aspiration of this enthusiasm has been reflected in the constitution developed in 1972 [6]. The constitution of Bangladesh provides the framework that signifies Bangladesh as an independent sovereign state with a unitary and parliamentary form of government with democracy, comprising fundamental human rights, an independent judiciary, democratic local governments, and a national bureaucracy [7]. In a democratic country like Bangladesh, its constitution not only serves as paperwork or document to set certain rules and procedures for navigating the state but also symbolizes the principles that support the foundation of the nation. It provides the basic structure to the state including the provision of rights that are owed to its citizens and the duties that are to be carried on for the cumulative welfare of the state.

Besides determining various structures to regulate administrative activities, it elaborates the distribution of power, formation of and relations among the key institutions of the states, determines the basic identifying characteristics of a state, and establishes the rule of law through vivid legitimacy. Most importantly, the constitution represents the core belief that a nation bears not only at the administrative level but also through the inclusion of the public, in the spirit of nationalism, and for the sake of cultural as well as political sustenance [8]. The constitution of Bangladesh is the written form of The Proclamation of Independence of Bangladesh, pronounced on 10 April 1971, which formally reaffirmed the Declaration of Independence made by the father of the nation, Bangabandhu Sheikh Mujibur Rahman on 26 March 1971 [6]. This proclamation is an essential part of the constitution, in the sense that such a declaration itself is a manifestation of the people’s collective right to self-determination beyond the colonial paradigm. It is a testament to the manifold virtues of the democratic exercise of human rights, as a response to the deprivation operated as an aftermath of the general elections of 1970 in Pakistan.

Though the constitution of Bangladesh has been activated in document form on 4 November 1972, its establishment as a legal representation was on 26 March 1971, soon after the proclamation of Bangladesh as an independent nation was delivered [9]. Comprising of a well-formed preamble declaring the independence of the state and the four basic pillars that represent this nation, it emphasizes the democratic coordination of a socialist society. It ensures a national environment free from exploitation with the implementation of the rule of law, fundamental human rights and freedom, equality, and justice, and political, economic, and social security for all citizens. The most significant parts of this constitution are the denotation of fundamental rights and fundamental principles, which form the substantial basis of the constitution, providing it its structural foundation. The originality and inherent character of the documents rest on these clauses. The fundamental principles range from articles 8 to 25 of part II which determine the certain direction for state regulations. This set of articles creates a ground for ideological objectives regarding the necessities and guides that the state is responsible for ensuring a constant increase in productive forces and a steady improvement in the material and cultural standard of living of the people through continuous economic growth. The aim is to provide the citizens with all necessities to ensure their secure well-being [10]. This indicates the basic duties that are to be carried on by the state and certain basic functions related to economic and human rights that are dependent on the performance of the state in abiding by these very duties. These principles are not judicially enforceable and act as guidelines to the state [10].

On the other hand, the fundamental rights mentioned in the constitution, ranging from articles 26 to 47 of part III, are the significant rights that are available for the protection of every citizen of the country. Every individual has the privilege of moving the High Court as per the provision of Article 44 following clause (1) of Article 102 to ensure the enforcement of these rights imparted by part III of the constitution. These articles are the reflections of the Bill of Rights, thus substantially incorporating the rules of the International Bill of Human Rights. These provisions ensure the equality of all human beings irrespective of their religion, race, caste, sex, or place of birth. It emphasizes that everyone is entitled to equal protection of the law, opportunity in public employment based on nondiscrimination, right to protection of the law, of life and personal liberty, safeguards in case of arrest and detention, protection in trial and punishment under the law, freedom of thought, conscience, and speech, freedom of movement and assembly, freedom of religion, right to property, etc. [11]. Unlike the fundamental principles, the rights are constitutionally enforceable by the court, the provision which makes these rights legal human rights for the citizens of Bangladesh.

The most prominent point of these articles of both the parts, mainly the fundamental rights under part III, have been devised keeping in consideration all the significant international human rights bills, notably the Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the International Covenant on Civil and Political Rights (ICCPR) along with its two Optional Protocols. The fundamental rights are by default the written form of universal human rights which are protected by constitutional guarantees. They are protected by the supreme laws of the countries. The provisions of including the fundamental rights into the constitution are rooted in the advent of the French Declaration of Rights of Man and Citizen, 1789, and the American Declaration of Independence, 1776. Likewise, the constitution of Bangladesh has also been formed keeping in consideration the abidance of the International Bills of Human Rights [11]. The 25 notions of human rights mentioned in the constitution, with 19 civil and political and 6 economic, social, and cultural rights—divided between the articles of fundamental principles and fundamental rights, indicate that the economic, social, and cultural rights are not judicially enforceable, whereas the civil and political rights under judicial prudence [6]. The main aim of the document has been to bring in the three rudiments which assure the human rights of each citizen—equality, human dignity, and social justice. The objective of the creator was to create a compatible society that is in tune with the duties and obligations prescribed by the UN Charter, even before Bangladesh became a member [12]. There is clear mention of the notion with its reflection in Article (25) that,

The State shall base its international relations on the principles of respect for national sovereignty and equality….and respect for international law and the principles enunciated in the United Nations Charter. [7].

Article 11 of the constitution deserves particular mention, which works as the guiding principle toward establishing democracy and a regime of human rights. Article 11 states.

The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed in which effective participation by the people through their elected representatives in administration at all levels shall be ensured. [7].

So, it is evident that the constitution that came into being for creating a guideline for a war-torn country, Bangladesh, in 1972, has been a cornerstone in ensuring the inclusivity of all international provisions of human rights for the upcoming future so far. Thus, the pertinent aim to establish democratic regimes with equitable access to rights for each of its citizens has been an appreciated visionary of the makers of the constitution.

3. State of human rights in Bangladesh

With two steps forward in Democracy Index [13] and one step backward in the Corruption Perception Index [14], it is quite difficult to ascertain the state of human rights protection or violation in Bangladesh. Certainly, the situation goes through continuous ups and downs depending on the political, economic, and societal circumstances. Other factors that are affecting the global situation of human rights, of course, have an impact. This part of this chapter discusses the human rights situation in Bangladesh since her independence in 1971, primarily focusing on the state of human rights during the democratic regimes. Besides, though protecting human rights is a provision guided by the constitution, it is the state institutions that avail the realization of the rights and principles. It takes a country decade to form an institutional structure where regulations are all under control and democratization has been possible in its true sense. The analysis of human rights violation prospects by definite institutions will provide a clearer picture of which sectors need more concentration and which others need maintenance. On the other hand, for regulating the institutions, robust and effective laws are needed that are made for the welfare of the citizens and those which can be hardly violated. When the laws and policies are not effective enough to ensure the public the protection of human rights, various institutions, systems, or individuals take advantage of the situation, which ultimately encroaches on the rights of many. Connecting these links, this section will create a portrait visualizing the situation of the institution, policies, and organizations that are responsible for uplifting the duty of protecting human rights. Alongside this, it will criticize the activities that are creating a complicated situation for the government in protecting the human rights of the citizens.

3.1 Human rights in Bangladesh over the eras

Since gaining independence, Bangladesh has experienced changing forms of governance and varying levels of access to basic human rights. From 1972 to 1975, the country had a democratic government, but this period was characterized by efforts to rebuild the nation after the war, including the bureaucracy, military, and economy. After the assassination of Bangabandhu in 1975, the country was ruled by a tyrannical military occupation, first under Ziaur Rahman from 1975 to 1981, and then under Hussain Md. Ershad from 1982 to 1990. During this time, institutions were subservient to political interests, and human rights were degraded, leading to mass protests [15]. These protests ultimately led to the downfall of the authoritarian regime of Ershad and the holding of the first democratic election in 1991. The election marked a shift toward a more democratic form of government, with the Bangladesh National Party (BNP) taking power through the electoral process [15].

The first elected government of Bangladesh in 1991 was marred by several human rights violations, as highlighted in a report by the Immigration and Refugee Board of Canada. The report details several incidents, including clashes during city corporation elections that resulted in the death of 14 people. The violence was allegedly instigated by armed activists from the Bangladesh National Party (BNP), who attacked election polls and attempted to interfere in the voting process. In addition to political violence, the government also restricted freedom of expression, as demonstrated by the revocation of state advertising provision to a popular newspaper, Janakantha, due to an anti-government news series [16]. The government’s nonsecular stance also became apparent when Bangladeshi author Taslima Nasreen was exiled to India for advocating women’s rights, and the incident revealed the rise of nonsecular political organizations, leading to recurrent attacks on minority groups, particularly Hindus. While some actions were taken to support human rights, such as adopting The Women and Children Repression Bill and repatriating Chakmas in CHT, rampant threats to life, kidnapping, extortion, bomb blasts, political riots, and police brutality took years to recover the trust of the people by the preceding governments [16].

In 1996, the AL party led by Sheikh Hasina, daughter of Bangabandhu Sheikh Mujibur Rahman, came to power after the general election. The new regime saw sporadic incidents of violence, mainly caused by the police, but also saw insurgency among tribal groups in CHT brought under control through the deployment of security forces, the retransmission of some international news networks, and more allowances provided for academic research. The two most important incidents that occurred during this period were the signing of the CHT Peace accord between the government and the main political groups fighting for the rights of indigenous people, and the provision of more assurance to minority groups who were victims of violence in the previous regime. Despite this, there were increasing cases of extrajudicial killings, police brutality, death in custody, political violence leading to deaths, and corruption within the legal process [17]. In 2001, the BNP came to power again through a coalition with the fundamentalist party Jamat-i-Islami, and some nonsecular parties aimed to establish Bangladesh as a pro-Islamic state [18]. This period was marked by a series of bomb blasts, including an attack in Ramna in 2001 while celebrating Bengali New Year, a bomb blast in Udichi, an attack on Sheikh Hasina at a rally in August 2004, and on SMAS Kibria on January 27, 2005. These incidents demonstrated that violence was growing in Bangladesh, and the country’s deteriorating law and order was failing to protect basic human safety. According to an analysis by Awami League in 2005, titled “Growing Fanaticism and Extremism in Bangladesh,” there were 34 bomb blasts between 1999 and February 2005 [19].

Both regimes in Bangladesh violated human rights by using the Special Powers Act of 1974 to detain citizens without charges and by controlling media through censorship [20]. In 2007, a military-backed caretaker government was installed, leading to concerns about democracy and increasing cases of arbitrary arrests, torture, and custodial killings [21]. AL came to power in 2009, and consecutively won elections in 2014 and 2019 [20].

3.2 State of human rights in current Bangladesh

The current human rights regime in Bangladesh has been under the democratic governance of the Awami League party which has come to power through wins in three consecutive national elections. As a result, if the current status of human rights is to be analyzed, the time frame of this governance period is adequate. In this chapter, three main factors of the human rights state will be discussed—the institutions that are responsible for maintaining human rights, the policies that are capable of protecting human rights, and the responsibility of law enforcement agencies in ensuring human rights.

3.2.1 Institutional violation of human rights

In the late 90s, the National Human Rights Commission Ordinance 2007 was created, which combined Bangladesh’s Constitution, the NHRC Act 2009, and international conventions to protect citizens’ human rights. The commission was aimed at protecting, promoting, and ensuring human rights, but its effectiveness in violation cases was questionable. Despite creating hotlines, appointing more manpower and lawyers, monitoring activities, and increasing local offices, the commission failed to address issues like blogger-killing by extremist groups, torture, brutality, arbitrary detention, and summary executions. It was unable to contribute to any aspects of the rule of law and was not vocal about freedom of expression issues and citizen safety [22, 23, 24].

Public administration, bureaucracy, and judiciary, once dedicated to serving the people, are now themselves inflicting significant human rights violations, restricting the public from receiving legitimate services due to corruption [25]. However, the judiciary is taking a more robust position and allowing help from NGOs and local organizations to make justice accessible. In 2010, the Supreme Court criticized the government for not protecting citizens, especially women, from cruel, inhuman, and degrading treatment. NGOs and the High Court are taking the initiative to combat the pervasive numbers of extra-judicial cases, including allegations of custodial death, torture, and inhuman treatment [26].

3.2.2 Policies and laws: Protecting or violating human rights?

Bangladesh’s laws and policies are derived from the constitution, which is intended to protect human rights [27]. Although most of the policies are formulated accordingly, their practical implementation often falls short of actual human rights protection. As a signatory to the United Nations Convention against Torture (UNCAT), Bangladesh enacted the Torture and Custodial Death (Prevention) Act in 2013 [27]. From 2013 to 2019, only 18 cases were filed under this act in the High Court due to victim harassment and threats from perpetrators. Additionally, victims and their families were forced to withdraw cases out of fear [27]. Inactivity in filing cases may be due to the lack of an adequate legislative framework, low-level focus on marginal perpetrators, laws that serve as barriers to domestic proceedings, or general issues of political will and judicial capacity [28].

Although laws dating back to British rule are still in force, such as Sections 54, 61, and 167 of the Criminal Procedure Code (CPC) of 1898, it is inappropriate to assume that they are suitable for the modern world. Sections 54, 61, and 167 of the CPC allow the arrest of defendants without a warrant and detention in police custody for over 24 hours. If investigations cannot be completed within this time frame, the risk of torture and ill-treatment increases [27]. Amnesty International has suggested the abolition of the Special Power Act and a review of the CPC to establish clear and enforceable safeguards against it [29]. On a positive note, the government established a committee in 2018 to modernize the Code of Criminal Procedure, 1898 [30].

Despite some regulations being enacted to safeguard human dignity and uphold the rule of law, they are being used with impunity. The Information and Communication Technology (ICT) Act and the Digital Security Act (DSA) are the two primary legal tools authorities use to detain critics on social media platforms. The Digital Security Act was developed to prevent the spread of extremism, terrorist propaganda, and hatred against religious or ethnic minorities through social or mass media but is frequently used to arrest and charge those who express opinions critical of the government [31]. Laws regulating online news and NGO operations have curtailed media and civil society’s freedom to hold the government accountable [31]. The ICT Act was passed in 2006 and allows for the arrest of suspects without a warrant, increasing the maximum jail term from 10 to 14 years, and making offenses under Section 57 of the act nonbailable [31, 32]. This provision has led to the arbitrary detention of editors, journalists, teachers, social media users, and free thinkers charged with defamation and the dissemination of false information on Facebook [32]. Thus, law enforcement authorities have been given arbitrary power to arrest anyone based on suspicion, violating the right to justice and freedom [31].

3.2.3 Human rights violations by the law enforcement agencies

In Bangladesh, law enforcement agencies such as the police, Rapid Action Battalion (RAB), military and civilian intelligence agencies, and Bangladesh Ansar have been accused of human rights violations like extrajudicial killings, torture, and enforced disappearances [33]. The police and RAB have been the primary agencies in these allegations, with the police refusing to record complaints and investigate cases, and demanding bribes from the families of those detained [27]. The RAB also conducted 136 extrajudicial killings under the “war on drugs” operation in 2018 [34], leading to the US Treasury Department imposing sanctions on the force and several of its current and former officers in 2022 [35]. Despite the government’s efforts for development, civil society repression and human rights violations continue with impunity [27]. However, there is hope in the government’s efforts to reform the agencies and prevent such violations [31].

Bangladesh needs to work rigorously in many sectors to improve its human rights situation amidst the challenges of a fast-paced developing world, globalization, capitalism, cross-border disputes, and mass killing weaponry. This section will discuss the challenges that the human rights regime might face with globalization and recommend domestic and international curricula for human rights work in Bangladesh’s current situation.

4. Challenges toward human rights protection in the twenty-first century

Life in the twenty-first century is challenging, with changes in political, social, and economic circumstances making it difficult to protect basic human rights. The increasing population and decreasing resources have resulted in conflicts for survival, propagating more violations. Providing support to victims, protecting children, empowering women, and ensuring good governance are also facing serious threats from transnational conflicts, climate change, and deteriorating governance. This section will discuss the challenges human rights face due to globalization, capitalism, technological development, and transnational conflicts. It will also suggest how these factors can be utilized to protect human rights. The focus will be on Bangladesh.

4.1 Uncontrolled globalization impacting human rights protection

Rampant human rights violations lead to feelings of deprivation and injustice among populations worldwide, which has been exacerbated by advancements in communication technology [36]. While technology has allowed for greater access to information and activism, negative aspects of globalization continue to rise, posing threats to vulnerable groups in developing nations [37]. These threats are exemplified in Bangladesh’s ready-made garment industry, which lacks infrastructure and safety measures, pays low wages, and suppresses worker associations [38]. Such conditions have resulted in major tragedies such as the Rana Plaza incident and the fire at Tazrin Fashions [39], with many more accidents occurring since 2010 [40]. The role of globalization is double-edged, with positive and negative impacts on human rights, and it is essential to understand these impacts to develop effective strategies for protecting human rights in the current globalized world.

Globalization challenges the traditional notion of sovereignty by allowing transnational entities to gain greater power over state institutions. As a result, foreign actors who are not relevant to a particular society, gain control over the lives of individuals [38]. Multinational corporations (MNCs) are becoming stakeholders in the economic and political might of many modern states. However, their profit-generating schemes often ignore the protection of human rights [41] and extend beyond legislation to influence policy and law-making in areas such as public health, foreign investment, consumer protection, environmental protection, women’s rights, child labor, workers’ rights, and indigenous people’s rights.

4.2 Capitalism leading to violation of human rights

Capitalism is seen as a hindrance to protecting human rights and observing universal human rights. Three models of human rights testing economic, political, cultural, and demographic factors found more support for the negative human rights-capitalism theoretical perspective [42]. Although capitalism has become a focal point for free-market scholars whose main focus is democratic development [43], it poses a threat to democracy and human rights. The dominance of free-market capitalism without social norms such as income redistribution is considered a challenge to democracy and human rights practices [44].

Despite the opposition of scholars, capitalism has negative impacts on human rights as it is built on little state intervention, reducing the protection of workers. Multinational companies often abuse the free market to exploit cheap labor, disregarding UDHR Article 23 on workers’ rights. Chomsky and Herman argue that capitalist states are driven by economic interests, which depend on political instability in developing nations. The IMF and World Bank forced developing states to reduce state intervention, leading to a deterioration of human rights conditions. However, some argue that capitalism and human rights are linked by guarantees of freedom, and some governments demand businesses provide basic social and economic rights [45, 46, 47].

4.3 Climate change and human rights

Climate change poses a significant threat to human life and well-being globally, with immediate and gradual impacts on access to resources like clean water and food. Different regions experience varying attributes of climate change, such as coastal areas experiencing adverse effects from sea level rise and Arctic ecosystems undergoing significant changes affecting indigenous communities. IPCC projections indicate that dry subtropical regions will be most affected, with competition for resources like water causing security issues for agriculture, settlements, industry, ecosystems, and energy production. This will impact economic sectors and services, leading to violations of various human rights like the right to water, health, life, food, and self-determination [48, 49, 50].

Bangladesh is highly vulnerable to climate change and ranks in the top positions of the Climate Change Vulnerability Index. As a result, potential climate-induced migration in Bangladesh is an overwhelming concern, and it is the national government’s responsibility to protect its citizens and establish protection instruments to safeguard the rights of climate migrants [51, 52].

4.4 Lack of good governance causing violation of human rights

Corruption, political aggression, and economic imbalances have led to massive human rights violations and a breakdown in governance [53]. Transparency International’s Corruption Perceptions Index found that the judiciary is perceived as the most corrupt institution [13]. Systemic corruption has become a key part of the political order, allowing for the capture of the majority of the government by corrupt individuals or groups [54]. This has resulted in political instability, which has paved the way for populist leaders and movements [55]. Globalizing forces have also threatened the realization of democracy and human rights, leading to a “democratic deficit” [56]. This issue is severely threatening allegiance to democratic institutions which were supposed to look into the concern of its citizens’ rights rather than prioritizing the interest of the political and societal elite.

4.5 Transnational threats and human rights

During transnational conflicts, human rights face gross violations, particularly during armed conflicts, and the changing pattern of war poses unprecedented challenges for human rights protection [57]. The Russia-Ukraine crisis, ongoing for 8 years, has killed over 16,000 people, displaced close to 1.5 million people, and violated fundamental rights such as the right to life and the duty to ensure judicial review [58, 59]. The recent war raised the death toll to over 8000 and caused injury to more than 13,000 human beings, of which a considerable number are civilians [60].

One of the biggest byproducts of cross-border conflict is the refugee situation all over the world. Around a million Rohingyas, victims of severe human rights violations, are currently residing in camps in Southeastern Bangladesh due to persecution in Myanmar [61]. The Rohingya refugee crisis is just one example of the larger refugee situation worldwide, with 59 million people displaced, including 32.5 million refugees, who are victims of similar violations [62].

4.6 Technology and violation of human rights

Technology can improve human rights by providing access to information, education, and entrepreneurship, as seen in Bangladesh’s poverty reduction which has allowed it to overcome poverty from 40 percent in 2005 to 24.3 in 2016. In this scenario, instruments like digital centers, e-Education, and internet-boosted entrepreneurship have significantly helped [63, 64]. However, technology can also be used to restrict human rights, such as China’s mass surveillance and censorship system [65]. Authoritarian governments use highly classified technologies to censor expression, filter information, and monitor online activities to control citizens. China is a prime example of cyber-suppression, where the government uses digital tools for mass surveillance, censorship, and social monitoring to control citizens’ daily life, creating a system that effectively controls what people think, want, and how they should act. In the name of national security and counterterrorism, democratic states are also violating human rights by imposing expansive and vague cyber-related laws [65]. The uncontrolled use of technology has led to grave violations of human rights, and law enforcement agencies have been unwilling to stop unethical use despite knowing its implications.

Finally, in the context of a digitally connected world, cyber-vulnerability can be the biggest threat, as seen in the 2016 cyberattack on a Ukrainian power plant [65]. The question arises of how technology can be used to enhance freedom, governance, and globalization, rather than facilitate repression. This threat puts the basic human rights of life, liberty, and security at risk, and developing countries like Bangladesh are more vulnerable. The chapter concludes with significant recommendations to make Bangladesh fit for this changing world, with mechanisms to address the human rights of all citizens.

5. Human rights in Bangladesh: solving the challenges

In the twenty-first century, protecting human rights is a challenge that transcends borders and political regimes. Bangladesh, as a developing nation, faces a significant concern in this regard. While the wheels of development must keep turning, a coordinated effort among all institutions is critical to defying this problem. Although international community intervention may be necessary to resolve some human rights issues, the state must create an environment conducive to the protection of basic rights. Any infringement within the state structure creates a domino effect that can lead to the breakdown of all other structures. Waiting for an individual to face a violation and resort to the law for protection is impractical in this rapidly changing world. Instead, mechanisms for checks and balances among institutions must be managed to prevent any human rights violations from occurring in the first place.

This part of the chapter highlights some realistic recommendations that are viable and urgent to be applied in the present Bangladesh scenario. The suggestions are expected to be constructive in assisting policy-makers to come up with instruments that might stand against the ongoing human rights violation prospects of the country:

• The highest instrument for protecting human rights is the Constitution. It is the protector of every right with sufficient guidance to cease the violation. According to Article 11 of the constitution of Bangladesh, “the Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed” [7]. Based on this provision, the state must ensure a full guarantee of the basic human rights and principles of freedom to each citizen. Our constitution is the reflection of the international standard of protecting human rights and it covers every kind of human rights segment. Thus, complete obedience to the constitution is the first pillar to creating a concrete ground for human rights protection. All other institutions and laws that are under the regime of human rights protection are created following the basic extract of the constitution. So, if the constitution can be strictly in every segment of societal direction, protecting human rights becomes complimentary.

• Law enforcement agencies should not be seen as the violator of rights, but the protector of them—as their oath of profession summarizes. The United Nations Human Rights Office of the High Commissioner’s Code of Conduct for Law Enforcement Officials of 1979 has been devised to guide the duty of law enforcement forces in protecting human rights. Article 2 states that, “In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.” [66]. The articles of the UN mandate outline the role of policing as being the representative of human rights protection, and accountable to the entire community for establishing a peaceful environment. Likewise, The Vienna Declaration and Programme of Action states that “the administration of justice, including law enforcement, is essential to the full and nondiscriminatory realization of human rights.” It suggests that necessary means need to be taken to ensure systematic education for law enforcement officials to let them know about their restrictions, duty, the arena of power, and most importantly to create a clear conscience of what they are enforcing [67]. Unless a clarified sense is created that the unlimited range of power does not allow any of the forces “to bend rules,” it would always be difficult to create an environment of trust between the agencies and the public. Without this trust, it is not possible to establish the rule of law with the help of effective policing. The system needs to embed that these agencies must prevent assaults on human dignity and not become a source of it [68].

  Quoting all these international documents clarifies that in the case of Bangladesh also the law enforcement agencies need to be the first protector of human dignity. It has become mandatory to provide human rights training to each member of the force before they start their duty. A medium of trust needs to be established between the police officers and citizens to maintain a relationship of impartiality which will lead to the protection and enhancement of human rights. That includes considering any form of unwarranted arrest, extra-judicial killing, police brutality, and agency harassment as a crucial violation of the law and bringing about the perpetrator under strict jurisdiction to confirm justice for the victims. These actions need to be brought under a strict provision of criminal justice with the top priority of discernment.

• The magnitude of institutional violation cannot be prevented if the application of laws is not robust enough. To create a circumstance where no agency can stay beyond the shade of law, the Code of Criminal Procedure should be modified in sections 54, 167, and 344 to eliminate the possibility of any circumstances where police employees can involve themselves in any action of violating human rights [69]. Besides, an amicable situation should be created where the interaction between police officers and citizens can be unbiased and based on grounds of trust and empathy. The violations of Human Rights by any agency, institution, or individual should be subjected to exemplary punishment so that others can learn about the consequence of such action and refrain from any such perpetration. Violation of any form of human rights should be considered under emergency jurisdiction and reported to the pertinent agency [69]. A separate protection cell for the victims can be created to keep him/her safe from further harassment. To assure unbiased predication at all levels the inquiry department should be kept apart from the police department that is investigating the accused.

• With the view to protecting and sheltering every citizen from infringement of human rights, the National Human Rights Commission, Bangladesh (NHRCB) has the mandate under Section 12 of the National Human Rights Commission Act (NHRC) 2009 to handle complaints relating to allegations of human rights violation [70]. The Human Rights Commission has been allowed with such an extent of provision that it can ask for a report from the disciplinary forces or the law enforcing agencies on the allegation of human rights violation, can inquire and report a matter being referenced by the Supreme Court of Bangladesh on a written petition heard by it, recommend the government to provide a temporary grant to the aggrieved person or his family, directly bring any matter of noncompliance to the notice of the President who shall cause it to be laid before parliament, and can even apply to the High Court Division if the case fits with the conditions of filing writ petitions under the constitution [70]. These reflect upon the broad perspective arena where the commission can exercise its power to protect the citizens from harm. It is high time that the mandate of the commission that provided a such strong base for the institutional exercise of protection bring into proper realization. Letting the commission sit as an audience watching all the violations in the society and not letting it intervene for political, bureaucratic, or internal reasons should be overcome. This institution itself can work as a concrete wall against all kinds of violations and ensure justice for any victim of human rights violation. It is time we used this valuable entity for the service of society.

• A considerable amount of human rights violation cases goes beyond acknowledgment because—many even do not realize that their rights have been violated. Lack of literacy on the national and international provisions of human rights, most importantly the unawareness about the protective nature of the constitution, often creates an environment that structurally nurtures the scope of the violation. Educating the citizens about their rights with the help of relevant organizations needs to be the foremost duty of states. To establish the practice of human rights protection in the core of society, the topic of human rights literacy should start from the primary level of schooling. Children who know about human rights and whose human rights are respected will grow up to be responsible citizens [71]. Unfortunately, there is no independent initiative on human rights education in any university in Bangladesh except a few. To overcome these lacking, immediate steps should be taken to develop a human rights-focused education curriculum. To give a head start, a national policy can be adopted where the inclusion of a syllabus on human rights is mandatory. It needs to reflect on the objective, purposes, and contents of the various levels of human rights education and training that have been focused on national and international mandates. The curriculum needs to be developed in line with the spirit and obligation of the constitution and international treaty obligation. Human rights should be added elaborately at the primary and secondary levels as well as introduced as a separate graduate-level department in the topmost universities [72]. Because with education comes awareness.

• The biggest problem of the human rights regime in Bangladesh is that most people do not know whom to reach out to in case of any incidents of violation. A people-to-government interaction is highly needed for this purpose. Policy-makers need to know where the gap is existing and exactly where more focus is needed. An elaborate view from the mass people’s perspective would help in extensive research at the academic level, from where viable recommendations might emerge.

  The general public needs to be made aware of their basic rights via public-private organizational campaigns. Besides, communities and societies can provide a broader platform where people can practice the ways of fostering the traditional culture that poses respect and promotion of human rights. In this way, they can not only help in creating awareness for human rights but also supplement the efforts of the government and other relevant bodies in the proper implementation of these laws. Communities can play a very effective role in protecting human rights and creating a comfortable environment for the victim in case of violation or denial of their rights by resorting to all sorts of assistance. Communities can contribute extensively to financing, spreading awareness, sheltering them, or protecting their rights through effective advocacy [73].

• Human rights organizations and activists have proliferated globally in the past few decades, advocating for the rights of oppressed and underprivileged people. In Bangladesh, powerful civil society and nongovernmental organizations (NGOs) are working to attract state attention to rampant human rights issues, while young people are using digital activism to intervene in different forms of violations. Instead of suppressing activism, it should be used to identify issues that need work. Misuse of policies to shut down activism creates a situation where perpetrators know they will not be opposed. Therefore, adequate provisions of digital and practical activism should be maintained, and voices should be acted upon through proper jurisdictions [74]. Keeping in check the adequate provisions of digital as well as practical use of different activism methods, these voices should be paid hid to and acted upon via proper jurisdictions.

• NGOs, civil societies, and the media are crucial in raising awareness about human rights issues, but their work is limited and dependent on external factors. While they play vital roles in promoting social welfare, criticizing policies, and increasing awareness, a comprehensive set of strategic actions is necessary to counter challenges. Mushroom organizations have grown, violating rather than protecting rights, and authorities restrict organizations from fearing loss of control. The government must surveil both situations through a comprehensive strategic action plan to ensure human rights protection [74].

• Globalization can serve as an important tool to protect human rights by promoting cross-border collaboration and increased mobility, despite the potential threats it may pose. It enables more monitoring of social conditions and opportunities for economic expansion, while also allowing for increased cooperation among transnational activist networks [75].

  Technology, including satellites, artificial intelligence, and forensic tools, can aid human rights work and help track abuses. If used ethically, these tools can enhance the work of human rights organizations, as they provide advanced tracking and communication tools. Technologies are being used to track information on human rights abuse and can amplify the capacities of human rights practitioners in all sectors of human rights work [76].

• When comes to the discussion of human rights in Bangladesh, an ending cannot be pulled without talking about the human rights of one million forcefully displaced Myanmar nationals (Rohingyas) living inhumane life in the congested camps of Cox’s Bazar. Over a million Rohingya refugees living in congested camps in Bangladesh’s Cox’s Bazar are victims of decades-long discrimination and repression in Myanmar. Stateless and without government protection, they are denied citizenship under Myanmar’s 1982 Citizenship Law and left with no access to basic rights [77]. Though not citizens of Bangladesh, their inhumane living conditions violate universal human rights, and their long-term solution is their repatriation with full rights in Myanmar. Several organizations are working to educate them about their rights, but returning to their home country is necessary for them to practice them.

6. Conclusion

Fifty-three years of independence have given a defining shape to the human rights regime of Bangladesh that was beyond prediction. From a war-torn country seeking recognition from big states to becoming a member of the UN Human Rights Council for the fifth time in 2022—the pattern of development is itself visible [78]. But the journey does not stop here. The Human Rights regime is facing continuous deliberate challenges, and the system needs to be reevaluated in such a manner that it addresses these issues. With the fast-pacing world, Bangladesh is also facing these major challenges in human rights protection and many of its basic institutions are still in need of revolutionary changes to keep up. Maintaining the notion that the constitution is the ultimate guardian of the human rights of the citizens, every prospect needs to be aligned. Every sector of human rights implementation needs to keep in consideration that violation of any clause of the constitution is followed by the strict prohibition of law and is punishable under various jurisdictions. As a result of institutional reforms, respect for human rights, the rule of law, and better governance would be safeguarded for human rights within the domestic regime. Keeping respect to the provisions of the constitutions and the institution responsible for realizing them, all sectors of the state, the bureaucracy, law enforcement agencies, judiciary, legislature, relevant commissions, etc., need to be more transparent and public-friendly to create a system complementary to human rights work. As these sectors are brought under rigorous monitoring and made responsible to the wider people, the incidence of human rights violations will predominantly decrease. The stakeholders that are innately involved and responsible to act as a check and balance mechanism in ensuring human rights protection need to be more strong and more aware of their duties. Civil society and NGOs need to be more aware of their responsibilities and boundaries to play their role in this dynamic. However, spectating from the perspective of constitutional and legal reforms, many of the country’s laws require changes to reflect the democratic values of the twenty-first century by enforcing fundamental rights. Initiatives should be taken to introduce policies that ensure the execution of steps like bringing about judicial independence, strengthening parliamentary supremacy, reducing dependency among the branches, reforming security agencies from the root to put an end to the violation of civil liberties, and repealing laws that restrain freedom of the press [79]. The global challenges originating from uncontrolled globalization, excess and illegal use of technology and information, transnational conflicts, refugee influx, insufferable climate change, etc., need to be kept under check to create a congenial environment that is convenient for human rights protection. Only through the development of proper instruments to defend against the challenges against human rights and rigorous reform of institutional structure with an embedded oath in protecting human rights, a better Bangladesh where every individual is treated equally by the law and provided access to the benefits of development can be ensured.