ONE STEP FORWARD: BANGLADESH PARLIAMENT PASSES

C O N F I D E N T I A L SECTION 01 OF 02 DHAKA 000747 SIPDIS E.O. 12958: DECL: 07/27/2019 TAGS: BG KDEM PGOV PHUM PREL SUBJECT: ONE STEP FORWARD: BANGLADESH PARLIAMENT PASSES WATERED-DOWN NATIONAL HUMAN RIGHTS COMMISSION ACT REF: DHAKA219 Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b) and (d). Summary -------------- ¶1. (C) On July 9, 2009 the Bangladesh Parliament passed legislation establishing a long-awaited National Human Rights Commission (NHRC). The new law includes significant changes to the composition of the commission first created by the then-Caretaker Government in an ordinance in 2007. While recognizing passage of this law as progress, human rights activists deemed the act inadequate to protect rights and criticized "partisan" changes to the selection committee. As it begins work, the NHRC faces serious personnel challenges as only two of the seven commissioners will work full time. We will work with other donors to build the commission,s capacity and support the institution in engagement with the GOB and our public outreach. The Old and the New -------------- ¶2. (SBU) Per the Constitution, Bangladesh,s new parliament was required to ratify the ordinances of the caretaker government within the first 30 days for them to take effect as law. When this did not take place, ordinances including that establishing a long-awaited Human Rights Commission lapsed. However, the Human Rights Commissioners continued to work in a highly limited capacity. Legislation passed at the end of the June budget session established the NHRC and endowed it with functions similar to those given it by the ordinance of the Caretaker Government. In broad terms the NHRC was granted four types of powers: investigation of alleged human rights violations and recommendation of necessary remedial measures; standards and legislation review; public education; and counsel to the government. The NHRC also received authority to request reports from the government based on alleged claims of human rights violations and was required to submit an annual report to the President. The law empowered the Commission to settle disputes through mediation. Unlike the ordinance from the Caretaker Government period creating the NHRC, however, the NHRC Act did not require the government to accept its directives. Nor did it give the NHRC a mandate to publish any reports of its investigations. Broad Mandate -------------- ¶3. (C) In a January meeting with the Ambassador, the Chairman of the NHRC, Justice Amirul Kabir Chowdhury, stated that the government would need to amend the ordinance in order to create an effective Commission (see reftel). He pointed out that the NHRC would need to be given jurisdiction to investigate cases that were already in the court system or tribunal. The Parliament did not include that provision in the new Act but gave the Commission the authority to weigh in on cases in process. Separately, despite concern from civil society, the Commission,s mandate covered human rights broadly but did not specifically emphasize the need to look at issues such as the rights of ethnic and religious minorities or women and children,s rights. Government Selects Members -------------- ¶4. (C) The new law provides for a commission consisting of a maximum of seven members to serve for three year terms. The Commission is to include at least one woman and one representative from the non-Bengali ethnic minority communities. The chair and one other member will serve the commission in a full-time capacity while the others would have honorary status. While the original ordinance provided for a six-member selection committee consisting of civil servants and others in the government, headed by a Supreme Court judge, the new law provides for a seven-member committee headed by the Speaker of Parliament. The Home, Law and Justice Ministers, the Law Commission chairman, the Cabinet Secretary, and one ruling party and one opposition party Members of Parliament (both chosen by the Speaker) are named to serve on the nomination panel. It remains unclear whether the current Commissioners are to remain in their office. DHAKA 00000747 002 OF 002 NGOs critical, hopeful -------------- ¶5. (C) Human rights NGOs have criticized the law for replacing the non-partisan selection committee provided for in the original ordinance with a ruling-party dominated committee to select the commission members. They also had hoped for additional powers to be given to the commission to take remedial measures, including filing cases with trial courts, in addition to its mandate to recommend that "appropriate authorities" take action. Activists agreed that the increase in the size of the Commission and the provision for representation from women and ethnic groups were positive steps. The head of the country,s leading human rights organization told PolOff that it was better not to have a commission at all than having one that would serve the interest of the ruling party, adding that he was skeptical that parliament could be independent under such circumstances. Ruling party legislators argued that the new selection commission democratized the process and put the decision making in the "hands of the people,s representatives." Comment -------------- ¶6. (C) The creation of a National Human Rights Commission by the Government of Bangladesh (GOB) was an important milestone in the protection of human rights in this country of 150 million people, however the NHRC does not have any teeth. The creation of the NHRC had long been a demand of domestic and international human rights groups. Moreover, the nature of the selection process for the new NHRC, and the GOB,s decision to create only two positions for full time commissioners, were troubling and gave rise to questions about the organization,s independence and capacity. We have already noted the NHRC,s funding constraints (see reftel). Post will continue to work with the GOB, the NHRC directly, and others to strengthen the Commission,s independence and its ability to function as a credible body safeguarding human rights. MORIARTY