BANGLADESH,S NEW NATIONAL HUMAN RIGHTS COMMISSION:

UNCLAS SECTION 01 OF 02 DHAKA 000129

SENSITIVE
SIPDIS

DEPT PLEASE PASS PEACE CORPS, USAID
DEPT FOR SCA/PB, SCA/FO, DRL

E.O. 12958: N/A
TAGS: BG KDEM PGOV PHUM PREL
SUBJECT: BANGLADESH,S NEW NATIONAL HUMAN RIGHTS COMMISSION:
HIGH ON POTENTIAL BUT LOW ON FUNDS

Summary
=======


1. (SBU) In a recent meeting with the Ambassador, the
Chairman of Bangladesh,s newly appointed National Human
Rights Commission (NHRC),Justice Amirul Kabir Chowdhury, was
optimistic that the Commission would be able to tackle some
of the country,s many human rights problems. The retired
Supreme Court Justice stated that within a few months of
coming into existence the NHRC had already received over 30
written petitions and has been given a broad scope of
responsibilities. He emphasized, however, that the NHRC
still faced financial difficulties and was waiting to receive
funding from the government to hire staff and rent permanent
office space. Without funding, the NHRC will not be able to
effectively carry out its mandate. COMMENT/ACTION REQUEST:
The U.S. Government (USG) should seriously consider
supporting the NHRC as a means of helping Bangladesh improve
its human rights record.

How the NHRC was born
=====================


2. (U) The Caretaker Government (CTG) created the National
Human Rights Commission (NHRC) through an ordinance which
came into effect on September 1, 2008. (Note: Under the
Constitution, all ordinances promulgated by the caretaker
government must be passed by parliament within the first 30
days for them to take effect as a law (septel). End note.)
The CTG established the body to provide opportunities for
people to seek redress in a society with significant barriers
to access to the judicial system * among them the cost of
litigation and complexity of procedures and evidentiary
rules. Observers also point out that the NHRC, as an
independent entity, is better placed to deal with abuses by
the state and to perform preventive and promotional functions
with respect to human rights.

Is it toothless?
================


3. (U) In broad terms the NHRC has four types of powers:
investigation of alleged human rights violations, standards
and legislation review, public education, and counsel to the
government. It is also required to submit an annual report
to the President. According to the Chairman, the NHRC will
have the power to issue directives the government is bound to
accept and can also inform the President and the Parliament
of its findings. In the meeting with the Ambassador, the
Chairman and the two other commissioners agreed that their
independent authority gave them the security to aggressively
deal with human rights concerns.

The future of the NHRC
======================


4. (SBU) According to February 4 newspaper reports, the NHRC
ordinance is expected to be ratified by Parliament in an
upcoming session. Chowdhury remarked, however, that the
ordinance would need to be amended in certain areas. For
example, he said the NHRC should be given jurisdiction to
investigate cases that are already pending in the court
system or administrative tribunal. Whether the Parliament
would pass the ordinance with amendments remains unclear.

Finances still in doubt
=======================


5. (SBU) The NHRC currently operates out of temporary
offices located in a government residence and has not yet
hired permanent staff. At full strength, the Chairman
anticipated the entire organization would consist of 64
employees. Although he had already submitted a budget for
10, he expected funding would be slow in coming due to
bureaucratic formalities. Throughout the meeting, the
Commissioners pointed to potential projects that could be
undertaken if funding were available.

Comment
=======


6. (SBU) The creation of the NHRC is clearly an important
step in the protection of human rights in this country of 150
million people. Civil society and the international
community are pressing the government and Parliament to
uphold the NHRC ordinance, just as they pushed the Caretaker
Government to create the body in the first place. Given the

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broad mandate of the Commission, we expect the NHRC to be
busy. Funding, however, will likely dictate how effective
the Commission will be. Embassy Dhaka along with other
international donors are looking at ways to help the NHRC.
Supporting the NHRC presents an important opportunity for the
USG to help Bangladesh improve its human rights record. Post
will work closely with the NHRC, USG agencies and donor
partners to find ways to support and strengthen the
institution.
MORIARTY