Country Report on Human Rights Practices for 1992
BANGLADESH
Bangladesh is a parliamentary democracy in which Prime Minister Khaleda Zia's
Bangladesh Nationalist Party (BNP) enjoys a parliamentary majority. The party attained
a plurality in the February 1991 election and reached a majority through the
nomination of female members of Parliament to reserved seats and through subsequent
by-elections.
The police and paramilitary forces, which are controlled by the Home Affairs Ministry,
bear primary responsibility for maintaining internal security. The army and
the paramiutary forces play an mtemal security role in the Chittagong Hill Tracts
(CHT), where an insurgency by a tribal group, the Shanti Bahini, is entering its
20th year. The first 7 months of 1992, some of the most violent in recent years, were
marred by a series of attacks by the insurgents and reprisals by the security forces
and Bengali settlers. On April 10, a reprisal attack involving security forces occurred
at Logong Village in the CHT. According to the official government report
on the incident released in October, 13 tribals were killed, 13 injured, and 550 nuts
burned. The report also criticized the security forces for concentrating on areas like
law enforcement best left to civil authorities. In August the insurgents proclaimed
a unilateral cease-fire, which lessened tensions and led to the scheduling of talks
between the insurgents and the Government in the fall. The initial meetings between
the two sides in November and December were introductory in nature, and
the two sides were planning to meet again in February 1993. According to the US
Arms Control and Disarmament Agency, total military expenditures for 1989 were
$323 million. There is no indication that efforts will be made to reduce these expenditures
in the near future.
Bangladesh remains one of the world's poorest countries. Agriculture, largely subsistence
farming heavily dependent on monsoonal rainfall, makes up about half of
the gross domestic product. Jute, garments, and fish are the nation's leading exports.
The new Government has promised to undertake reforms in the economic sector,
but so far implementation has been slow and uneven. These reforms face resistance
from many who fear losing de facto monopolies and guaranteed jobs or who
want protection from foreign competition.
The human rights situation deteriorated in 1992 compared with the previous
year. Free and fair elections to local government councils were held, but' the Government
showed hei^tened sensitivity to criticism and dissent and increasingly used
the Special Powers Act (SPA) t' detain citizens without formal charges. There were
credible reports of custodial abuse and death. A rally of former president Ershad's
party, the Jatiyo Party (tJP), was disrupted by orchestrated attacks by government
supporters, reportedly with police assistance. The Government's own commission on
the Logong incident criticized the military for overreacting. Lethal force was used
on four occasions to quell disturbances among the Rohingya refugees, who fear
forced repatriation to Burma. Antirepatriation refugees attacked both refugees wishing
to return and government officials working in the camps. There were also credible
reports that the Government used coercion in repatriating a number of refugees.
Child labor also remains a serious problem, with an estimated 3 million children
in the work force. There were numerous reports of violence against women in 1992.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom from
a. Political and Other Extrajudicial Killing.
Violent confrontations between rival
student groups, representing different political parties, plagued university and
lower-level educational institutions throughout 1992. A rash of particularly gruesome
executions took place at several universities. The year also witnessed an increased
number of politically motivated strikes which resulted in violence. The participants
in these clashes were often armed, and their confrontations resulted in injury
and sometimes death. The police and security forces, aware of the political nature
of these disputes, were reluctant to intervene.
The Union Parishad (local council) elections in January and February resulted in
approximately 20 deaths (compared to several hundred killed during the previous
such elections in 1988). There were a number of credible reports of deaths in police
custody during 1992 (see Section I.e.). There was no indication that the authorities
investigated these reported deaths or punished those responsible. However, in an
effort to curb abuse in prisons, the Minister of Home Affairs now requires a magistrate's
investigation ofany deaths in police custody.
For a discussion of killings related to the Chittagong Hill Tracts (CHT) insurgency,
see Section l.g.
b. Disappearance.
There were no confirmed reports of disappearance resulting
from official actions in 1992. There were press reports that tribal insurgents in the
Chittagong Hill Tracts kidnaped an undetermined number of Bengali settlers. Most
of these settlers were reportedly released after the payment of small ransoms.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
Although the Constitution forbids torture and cruel, mhuman, or degrading punishment,
police treatment of accused criminals and other detainees, including those
held on political charges, is usually rough and can include torture and other abusive
treatment during interrogations. Sometimes the abuse leads to the death of the prisoner,
and in 1992 human rights activists reported that between 5 and 15 persons
died while in police custody. Although the exact figure of deaths in police custody
cannot be confirmed, a large proportion of such deaths are believed to occur while
detainees are held under police remand, the period between arrest and incarceration
in one of the country's jails. In practice, remand often appears intended to extract
confessions or other information throu^ the use of physical intimidation. While detainees
are legally entitled to see an attorney during remand, many detainees in
fact are not allowed to contact legal help, cannot afford it, or are not aware of their
rights. The Government requires a magistrate's investigation of deaths in detention.
While there were no reported prosecutions for such deaths in 1992, there were reports
of suspensions pending the outcome of administrative investigations.
There are three classes of prison facilities. Class "C" cells generally hold common
criminals, suspected terrorists, and low-level political workers. They often have dirt
floors, no furnishings, and poor quality food, and the use of handcuffs and fetters
is common. Prisoners in these cells reportedly suffer the most abuse, such as beatings
and being forced to kneel for long periods. Conditions in "B" and "A" cells are
maricedly better, with the latter reservea for prominent persons.
Supporters of former President Ershad continue to maintain that his prison conditions
are inhumane. They complain that he is being kept in solitary confinement
and denied access to medical tests he can only receive outside of prison. In October
a fact-finding report sponsored by the Supreme Court stated that Ershad receives
substantially better treatment than other "A" cell prisoners. The Supreme Court has
not yet rendered judgment on the merits of the case.
In 1992 there were a number of claims filed with magistrates against police and
jail officials involved in alleged cases of abuse. However, none of the accused was
brought up on legal charges, although several police officers were temporarily suspended
pending an administrative inquiry into the beating of a suspect.
The Government seldom undertakes an investigation or punishes those responsible
for such abuses. The Government does not interfere with human rights groups'
inquiries into cases of alleged prisoner abuse.
d. Arbitrary Arrest, Detention, or Exile
Under the Special Powers Act of 1974
(SPA), the Government may detain a person without charge for an initial period of
30 days to prevent the commission of any prejudicial act,' as loosely defined in the
legislation. The Government is obligated to charge the detainee formally by the end
of this period or release him if it fails to file a chaise. In practice, prisoners are
held for longer periods without charge. The person may legally be held until completion
of an investigation if the Government brings a chaiye. In practice, though not
in law, the detainee has 15 days to respond to the specific charge in writing to the
Home Affairs Ministry, which may grant early release.
Detentions under the SPA are not subject to judicial review until after 6 months,
at which time a panel of three officials, including two judges, examines the case to
ascertain whether there is sufficient reason to continue the detention. Although the
detainee is legally entitled to see a lawyer at the time he is detained, in practice
a lawyer is generally not allowed to see the detainee until a specific charge has been
filed. Detainees are allowed to see visitors and are not held incommunicado.
Although the Government pledged to repeal the SPA during the 1991 election
campaign, it now asserts that the SPA is needed to deal with the deteriorating law
and order situation. The Home Ministry confirmed that over 3,000 people are currently
being detained under the SPA. Additionally, in the year from August 1991
until July 1992, out of 1,742 detainees held under the SPA whose cases nave been
examined by the High Court, 1,691 were freed on the grounds that their detention
was illegal.
These statistics belie the Government's claim that the SPA is only used against
those facing legitimate criminal changes. Human rights monitors allege, with some
justification, that the SPA is being used to settle political scores against members
of the opposition, including members of Ershad's Jatiyo Party.
In September a new antiterrorism ordinance was promulgated by the Government
and approved by Parliament in November. The new law, entitled "The Suppression
of Terroristic Offenses Bill," provides that special tribunals will be created to try
various offenses within specined and compressed time frames. The listed offenses
include: extortion, destruction of property, n^acking, abduction, and "creating anarchy."
No warrants will be required for the arrests, and during the initial investigatory
stage of 1 month no bail may be set for the detainee. Following considerable
controversy after the ordinance was first promulgated, the bill was rewritten to
allow the Chief Justice (instead of the Government) to select the tribunal judges,
appeal of all sentences to the High Court, and compensation for those wrongfully
convicted by the special tribunals. Additionally, the bill will only be operative for
a period of 2 years, unless extended by Parliament. Even with these adjustments,
opponents of the bill remain concerned that it could be applied as indiscriminately
as the SPA and lead to many more arbitrary detentions.
There were no reports of persons being exiled in 1992.
e. Denial of Fair Public Trial
The Supreme Court and the High Court division
are considered to act independently in most cases. Civilian courts hear civil and
criminal cases in public trials, and the right of counsel is respected but not guaranteed.
Criminal courts are considered to be rife with corruption. Civil courts are overburdened
and effectively available only to those who can afford representation. The
time-consuming and expensive process of pursuing cases discourages many from
seeking redress throu^ the courts. There are few legal aid programs to assist litigants
and no public defenders. A shortage ofjudges and courts and a backlog of over
500,000 criminal emd civil cases makes long delays a common occurrence. Additionally,
the appellate courts report a backlog of 47,465 cases. Prominent lawyers believe
there is little chance these backlogs will be cleared, especially since the Government
has taken no measures to augment the size and efficiency of the judiciary.
Former President Ershad, who had earlier been convicted on charges of illegal
possession of weapons, was convicted and sentenced in 1992 on the charge of possessing
wealth beyond his known source of income. He was sentenced to 3 years'
imprisonment and is currently interned in Dhaka's central prison. Other cases
against him and members of his regime for corruption are currently being tried.
Ershad has been represented by counsel throughout the proceedings. His trims have
been open to the press and public, and appear to conform to standard Bangladesh
legal practice.
The Government claims to hold no political prisoners. Bangladesh human rights
groups assert, however, that some persons detained under the SPA are political
prisoners, including individuals arrested for allegedly aiding the CHT tribal insurgency
as well as members of Ershad's Jatiyo Party.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Bangladesh
law ordinarily requires a judicial warrant before authorities may enter a
home, and courts require evidence supporting a reasonable suspicion before issuing
a warrant. However, the SPA permits authorities to search premises without a warrant
under certain circumstances. The Government's civilian and military intelligence
services are believed to monitor the opposition by such means as selective
wiretaps and interception of mail.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts.—
A Bangladeshi tribal insurgent group called the Shanti Bahini has been enfaged
in a low-level conflict with Bangladesh security forces in the Chittagong Hill
racts (CHT) since the early 1970's. Ine insureency is sustained by the tribal people's
fears that their traditional way of life and special status in the hill areas are
being undermined by Bengali settlers.
The Government is attempting to address tribal grievances by establishing and
supporting elected district councils and by discouraging further settlement. First established
m 1990, the councils assumed de jure control of local government in June
1991, subject to the military's veto power over any matter that could affect security.
The councils have not yet been given control over the issues of greatest concern to
the tribals, including control over land and law and order.
Since 1985, the Government has tried to discourage Bengali settlement in the Hill
Tracts, and there has been no fiirther large-scale systematic settlement. Individual
Bengalis continue to settle in the CHTT, however. Although there are no precise figures
available, the number of Bengalis residing in the Hul Tracts continues to grow
but not at the same rate as in the 1960's and 1970's. In 1947 only 3 percent of the
CHT's inhabitants were Bengali. At present, Bengalis make up 45 percent of the
CHT's population.
Both the Shanti Bahini and the Government accuse each other of human rights
violations. Because access to the Hill Tracts is limited by government travel restrictions,
difTicult terrain, and the unsafe travel conditions caused by the ongoing insurgency,
it is difficult to verify allegations of atrocities. In the past, Shanti Baliini attacks
on Bengali settlers have led to reprisal attacks by Bengalis on tribal settlements.
On April 10, a reprisal attack took place in Logong village in Khagrachari district.
According to the Government's Inquiry Commission's report issued in October, 13
tribals were shot and killed and 13 otners injured by regional and village security
forces, while Bengali settlers burned down 550 huts. These actions were taken in
retaliation for the killing of one Bengali settler by the Shanti Bahini. The Inquiry
Commission criticized the military for strajdng from counterinsui^ency efforts into
areas—such as law enforcement tmd judicieu areas—best left to the civil authorities.
Human rights monitors have asserted that the Inquiiy Commission's report
underestimates the number of tribal casualties, and they continue to claim that anywhere
from several dozen to hundreds died in the attack. The Commission's explanation
of events at Logong is credible, but it is not possible to confirm the nunu>er
of casualties. The Logong incident coincided with an mcrease in CHT violence whidi
began in June 1991 when the Shanti Bahini mounted a number of attacks against
Bengali settlers and security forces. This was viewed by many observers as an attempt
to disrupt the Government's local autonomy program. In July the Government
formed a parliamentary committee to look into tne causes of CHT violence and
assess possible solutions. In August, possibly in response to the formation of the
parliamentary committee, the Shanti Bahini unilaterally announced a 3-month
cease-fire. On November 5 and December 26, the parliamentary committee met with
representatives of the Parbattya Chattagram Jana San^ati Samity (PCJSS), the
politicEil wing of the Shanti Bahini which includes Shanti Bahini members. The two
sides agreed to meet again in February 1993, and the PCJSS agreed to extend the
cease-fire until March 31, 1993.
In May 1991, the Chittagong HiU Tracts Commission, composed of a group of European,
Canadian, and Australian nongovernmental organizations, issued the first
concise report on the human rights situation in the CHT. The report was critical
of some aspects of past and present Bangladesh government policy in the CHT. In
particular, the report criticized the militarization of all facets of life in the CHT and
the destruction of tribal society and culture, as well as its indigenous economy, by
concentrating the population into cluster villages aspart of the counterinsurgency
strategy. Logong village was itself a cluster village. The Commission also concluded
that government development and agricultural programs are causing grave ecological
damage to the area and destrojdng the habitat of the tribal peoples. The Commission
noted that all parties to the conflict suffer violence and human rights
abuses, but it was most critical of the effects of continued Bengali settlement and
government policies on the indigenous tribal peoples of the CHT. The Government
disputed many of the report's claims and criticized it as one-sided.
Section 2. Respect for Civil Liberties, Including
a. Freedom of Speech and Press
Freedom, of speech and the press are provided
for in the Constitution, subject only to "reasonable restrictions." Freedom of speech
is generally respected, although some entertainers working for the Government reportedly
were blacklisted temporarily due to their opinions on the controversy surrounding
Golam Azam, the leader oi the fundamentalist Jamaat Islam! Party who
is now in prison. Under the current Government, speech and press rights are respected
to a far greater extent than they were under the Ershad regime, which
ended in December 1990.
There are a large number of publications, with a wide variety of editorial views.
There is no overt censorship but, according to some journalists, self-censorship is a
routine practice. No newspapers were seized or shut down in 1992. The Prime Minister
is criticized directly by the opposition press, as are government policies, and
opposition leaders and policies receive ample press coverage. However, in 1992 two
monthlies published by tribals in the Chittagong Hill Tracts were banned for allegedly
supporting the cause of tribal insurgents there. Additionally, two other
monthlies were oanned on the grounds that they contained pornography. The import
of an Indian journal, Desh, also was banned.
The Government's control of a significant advertising budget continues to fiiel
charges that the it uses its leverage to pressure editors to moderate their criticisms.
Government advertising reportedfy accounts for as much as 75 percent of advertising
revenue. All publications are legally eligible to receive public sector advertising
if they meet circulation requirements. Editors complain, however, that the placing
and withholding of advertising, as well as pajnment for it, are used as a means of
influencing the press and punishing those publications that frequently criticize government
policies.
Concerns about government advertising policy were heightened in 1992 due to the
Minister of Information's repeated remarks that the Government would distribute
advertisements to publications based on their "objectivity." Such a policy would
mean overturning tlie present sjrstem of giving papers with the highest circulation
the most advertisements. The Minister's comments were sharply criticized by the
journalists' union, and no govenmient policy changes had been implemented as of
the end of the year. The Government continues to provide at least some advertising
to all papers. Such allotments are not always in direct proportion to circulation,
however. The opposition Jatiyo Party newspaper Janata receives less advertising
than its circulation would merit, while the ruling party's newspaper Dinkal has
more advertisements than this relatively less popular daily would merit.
The relationship between the press and the police became heated following a
widely publicized incident on June 21 when police beat several photographers, then
chased a group of journalists into the National Press Club. This incident took place
during a protest over the imprisonment of Golam Azam. The incident was substantially
defused when the Government subsequently appointed an inquiiy commission
to investigate the incident. The commission's report has not been released, and no
police officers have been disciplined.
The political storm around Golam Azam also led to attacks on several newspaper
offices Dy private citizens. During these attacks, a number of journalists were injured,
and several offices were destroyed. The Government was not implicated in
these attacks, which were reportedly carried out by extremists on both sides of the
Azam issue.
Foreign publications are generally available in Bangladesh. However, the Government
has sometimes used the Customs Act of 1969 to prevent or delay the importation
of foreign material. For example, the Government ban on the book "The Satanic
Verses'* remains in effect, and an issue of the Far Eastern Economic Review was
delayed 1 week due to an article on the Golam Azam matter. However, no foreign
journalists were arrested, barred from entry, or expelled in 1992. No arrests were
reported under the 1991 Penal Code which contains a clause prohibiting the publication
or circulation of any statement "prejudicial to the interest of the security of
Bangladesh or public order."
A pledge made by the BNP before the February 1991 elections to grant autonomy
to the broadcast media has not been carried out, and they remained under government
ownership and editorial control. While both television and radio did cover opposition
activities in 1992, this coverage was not extensive; the Government consistently
received substantially lai^ger and more favorable coverage. The Government
also owns BSS, the national news service. The other wire service, the United News
of Bangladesh, is privately owned.
Academic liberties, for the most part, are not challenged. Teachers and students
enjoy free expression, but drama giDups are required to obtain official approval to
perform. An American musical group featuring imitation of current rock stars was
banned after two performances, apparently because the performances were found
morally offensive. South African ana Israeli films continue to be banned. Films and
publications are routinely censored for pornography.
b. Freedom of Peaceful Assembly and Association
The Constitution assures every
citizen the right to form associations, subject to 'Reasonable restrictions" in the interest
of morality or public order. In practice, individuals are free to join private orfpnizations
and associations. Permits from a local district magistrate are required
or public meetings. Sit-ins, marches, and rallies are common forms of political expression
in Bangladesh. They occasionally lead to violence. The Jatiyo Party of deposed
President Ershad attempted to hold a rally in Dhaka on February 29. The
Government refused permission for the rally to be held in front of the national Parliament
building, the usual venue for such demonstrations. The rally was moved to
a suburban location but was disrupted by what were reportedly systematic attacks
by government supporters. The police reportedly did not intervene.
c. Freedom of Relieion.—With the passage of the Eighth Amendment to the Constitution
in 1988, Islam was recognized as the state religion in Bangladesh, where
87 percent of the population are Muslims. Despite official assurances of freedom of
religion and equality of treatment, the establisnment of Islam as the state religion
continued to cause concern in 1992 among Hindu, Christian, and Buddhist minorities.
Some minority group members complain that this constitutional change has
emboldened some Muslims who are hostile to other religions.
Proselytizing by Bangladeshi citizens is permitted by the Constitution. Although
conversion is possible, there is strong social resistance to conversion from Islam.
Most proselytizing by Bangladeshi citizens is directed toward such minority groups
as Hindus and tribal people.
Government policy continues to permit various religions to establish places of worship,
train clergy, travel for religious purposes, and maintain links with coreligionists
abroad. Foreign missionaries are permitted, but they may not proselytize Muslims.
Some missionaries perceive the various obstacles they face, including lengthy
delays in obtaining or renewing security clearances and residence and reentry visas,
as intended to curb Christian influence.
There are also reports that Christian nongovernmental organizations face bureaucratic
obstacles in carrying out their activities, including the threatened withdrawal
of their government registrations. Appeals to the Government have sometimes been
successful in removing such obstacles.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Except in designated areas of the CHT^ Bangladeshi citizens are free
to move about within the country. Travel by foreigners is also restricted in the CHT
and some other border areas. Bangladeshis are generally free to visit and emigrate
abroad, subject to foreign exchange controls, but civil servants wishing to travel
abroad must obtain clearance from the Prime Minister's office. In soma instances,
persons considered to be security risks are barred from traveling abroaa. Tfie right
of repatriation is observed.
Since the fall of the Ershad regime, the former President, his family, and several
senior members of his regime have been barred from leaving the country. A leader
of the small JSD party, &rajul Alam Khan, was arrested at the airport to stop him
from attending an academic seminar in the United States. In addition, the passports
of Jatiyo Party Members of Parliament and others associated with the previous refime
have been confiscated by the Government, even though the Supreme Court in
uly 1990 declared illegal the seizure in 1986 of a former Member of Parliament's
passport. Some of those affected by such restrictions have successfully challenged
them in court. Some former hig^-level oflicials in former President Ershad's Government
have been banned from traveling even though they won their passports back
in the courts; several say they need to travel for medical treatment.
More than 250,000 non-Bengali Muslims, known as Biharis, remain in Bangladesh
pending resettlement in Pakistan. After independence in 1971, these persons
opted for Pakistani citizenship, and Pakistan agreed in principle to accept
them. The Pakistan Government is now said to be building housing for an unspecified
number of returnees. During Prime Minister Zia's visit to Pakistan in August,
she received assurances that 3,000 families could be accepted as early as January
1993. TTie Biharis, most of whom stUl reside in 66 camps throu^out Bangladesh,
may seek employment and conduct other activities, but as noncitizens they do not
vote, hold seats m Parliament, or hold passports. Biharis may apply for Bangladeshi
citizenship at any time, and those who do are granted fuU rights of citizenship.
Since early 1991, approximately 265,000 Rohingyas, Muslims from Burma's
Arakan province, have crossed into southeastern Bangladesh, fleeing the repression
of the Burmese security forces. Currently, they are living at 19 sites near Cox's Bazaar.
The internal movement of these refugees has been severely restricted by the
Bangladesh Government, which is under heavy domestic pressure to repatriate the
refiigees expeditiously. On September 22, 49 Kohingyas were repatriated, according
to the Bangladesh Government, voluntarily. The United Nations High ConMnissioner
for Ifefiigees (UNHCR) was not permitted to interview these refugees prior
to their departure, and consequently it is not possible to verify the Govermnent's
claim. In two separate repatriations in October, a total of 167 refugees were returned
to Burma after UNHCR representatives had determined that their return
was voluntary in predeparture interviews. On November 25, amid credible reports
that the Bangladesh Government was using coercive means to convince some refugees
to return to Burma, 932 refiigees were repatriated. There has been chronic unrest
in the refugee camps prompted in large part by refugee fears about forced repatriation.
To queU this unrest, Bangladesh security forces resorted to lethal force on
four separate occasions, resulting in over 15 deaths and over 100 wounded. The
Government claims that the security forces only shoot in self-defense. Refugees opposed
to r^atriation have attacked both refugees willing to be repatriated and government
ofncials. Excesses by the security forces in dealing with this situation may
in some instances have precipitated violence.
There are varying estimates of the numbers of Bangladeshi tribal refugees residing
in India. The Government of India claimed there were 50,000 in 1992. The Bangladesh
Government disputed this figure, claiming that there were never more than
40,000 such refugees. There have been reports that some refugees have already returned.
The number of returnees is difficult to verify, but it is believed that up to
15,000 may have returned in the last several years. During the Prime Minister's
visit to India in 1992, Bangladesh and India agreed to work toward eventual repatriation
of all refugees.
There are also conflicting claims regarding the treatment of the returned refugees.
The Government has announced an ambitious rehabilitation program which includes
subsidies, housing, and job training. Some tribals charge that the military
is concentrating returnees in camps with little opportunity to work, thus perpetuating
dependence on the national Government.
Section 3. Respect for Political Rights: The Right of Citizens to Change Their Government
Since the change of Government following President Ershad's resignation in December
1991, Bangladesh's citizens have enjoyed the right to change their government
democratically. Bangladesh has a multiparty parliamentary system in which
elections by secret ballot are to be held every 5 years on the basis of universal suffrage
for all citizens 18 years of age and over. The parliamentary opposition is led
by Sheikh Hasina Wajed, who heads the Awami League. Ershad's Jatiyo Party and
the fundamentalist Jamaat Islami are the other major opposition parties. The Parliament
has 300 elected members and 30 reserved seats for women, who are chosen
after the election by the seated Parliament. Candidates may contest a maximum of
five seats in any one election. Bangladesh's President is elected to a 5-year term by
Parliament. The President's duties are largely ceremonial.
Under the Ershad regime, Bangladesh citizens had little confidence in their ability
to change their government through elections. Violence at the polls and questions
about the impartiality of voting officials led various opposition parties to boycott
elections. The February 1991 parliamentary elections, by contrast, were relatively
free of these impediments. International and domestic observer groups
praised the holding of the election, calling it the freest and fairest in Bangladesh's
history. The Bangladesh Nationalist Party emerged from the election with a plurality
of seats and was invited to form a Government. It successfully did so and currently
holds a slim majority in Parliament.
In 1992 the only elections of note were the January and February Union Parishad
(local council) elections. These elections were held on a nonparty basis, with no partisan
political activity allowed. They were largely free of the violence that marred
the 1988 Union Parishad elections in which several hundred people were killed in
election-related violence. In comparison, in 1992 only 20 people were believed killed
in such violence. Overall, the elections were considered free and fair, with only
minor irregularities reported.
Tribals in the Chittagong Hill Tracts have full national voting rights, and are represented
in the Bangladesh Parliament by three members. Tribals by law control
the majority of seats, including the chairmanship, of the three local district councils
in the CHT. However, tribals complain that issues such as law and order and land
rights are not yet within the purview of the councils.
Section 4. Governmental Attitude Regarding International and Nongovernmental Investigation
ofAlleged Violations of Human Rights
There are a number of local human rights oivanizations that investigate allegations
of abuse and seek prosecution of human rights violators. Human rights groups
are also active in promoting awareness of human and legal rights among the country's
largely uneducated rural majority. Althou^ the Government generally does
not hamper these groups' activities, it occasional^ reminds them to avoid sensitive
political issues, sum as the CHT issue.
The Government remains sensitive to international opinion regarding human
rights issues and in the past has responded to inquiries concerning specified incidents.
In 1992 an Amnesty International team visited Bangladesh and did not report
any interference from the Government. When security conditions permit, the
Government has allowed occasional escorted visits to the Chittagong Hill Tracts by
members of the diplomatic corps or concerned organizations. In part because of criticism
by international and domestic human rights groups, the Government decided
to appoint a one-person inquiry commission headed by a retired justice to investigate
the events that led up to the violence in the CRT's Logong village in April
1992 (see Section l.g.).
In August 1991, two members of the independent Bangladesh Human Rights
Commission were arrested under the SPA for distributing copies of the CHT Commission
report, "Life is Not Ours." The two were soon released; however, they continue
to claim that 1,0(X) copies of the report were seized by the (jovemment. The
Supreme Court has not yet ruled on a leg^d challenge to the alleged seizure.
International human rights organizations represented in Bangladesh include the
International League for Human Ki^ts, the Law Association for Asia and the Westem
Pacific, and the International Commission of Jurists.
Section 5. Discrimination Based on Race, Sex, Religion, Language, or Social Status
By custom and Islamic tradition, women occupy a subordinate place in society.
The underljring attitudes and social barriers circumscribing the participation of
women in activities beyond the home are strongly entrenched and show few signs
of weakening. For the approximately 86 percent of Bangladeshi women who Uve in
rural areas, early marriage, high childbearing rates, and long hours of household
and fann labor leave little opportunity for nonfamily interests or outside employment.
Even in urban areas and eunong the affluent, the traditional social system
makes women economically dependent upon their husbands and other male relatives.
Except in the export-oriented garment industry, women are virtually absent
from the cash-earning work force.
Bangladeshi women are also subject to discrimination inherent in Islamic family
and inheritance law. While women must demonstrate legally specified grounds for
divorce, men may divorce without grounds. Islamic family law also permits MusUm
men four wives, and requires a man with more than one wife to treat each of his
wives equally. In practice, men sometimes favor some wives and abandon others.
Under Islamic inheritance law, a daughter's share of an inheritance is half that of
her brother's, although the brother has financial obligations to his mother and sister.
Property rights in Bangladesh are a matter of civil law, and women are allowed
to own and enter into contracts concerning land and its uses.
Although there are no reliable statistics on the extent of violence against women,
there were hundreds of press reports of such violence: murder, rape and other physicsJ
abuse, breach of matrimonial contract, denial of inheritance rights, and desertion.
There have also been reports of Bangladeshi women being lured into travel to
foreign countries, where they are often sold into prostitution.
Laws to protect women include the Anti-Dowry Prohibition Act of 1980, the Cruelty
to Women Act of 1983, the Child Marriage Restraint Act of 1984, and the Illegal
Trafficking of Women Act of 1988. Enforcement of these laws is lax, however. It is
a capital offense to traffic in women, to kill a woman in the course of rape, or to
murder a woman over dowry. Even so, dowry killings, in which the husband or his
family attack and sometimes murder the bride for nonpayment of a supposedly
promised dowry, are believed to occur frequently in rural areas. Although newspapers
occasionally print reports of cases in which a husband accused of dowry killing
is tried and punished, the vast majority of these cases are believed to go unreported
and unpunished.
The National Advisory Committee Against Repression of Women has established
local branches in rural areas to address the problem of abused women. Most observers
agree that this Committee's impact has been negligible in providing recourse for
victims of crimes within the family or home.
Members of minority religious groups are disadvantaged in practice, though not
in the law, and their access to government jobs, including in the military, and political
office is limited. Selection boards for these jobs are often without minority group
representation. Despite the fact that minorities make up 13 percent of the population,
only 12 members of the Parliament, including one woman, are from minority
groups.
In the years immediately following Bangladesh's independence, members of some
minorities, principally Hindus, lost or had serious difficulty retaining their properties
as a result of the prejudicial administration of vested property laws. These
laws permitted the Government to use or even sell property belonging to persons
who left what is now Bangladesh between 1965 and 1971. Although President
Ershad reaffirmed a 1984 executive order requiring the return of such property to
the original owners, in practice this order has not oeen widely followed, and there
has been no indication that the current Government is planning to implement such
laws.
Discrimination against the tribal people in the CHT with respect to property
rights has been an issue in the past. Until 1985, tribal land, for which there is fre-
2uently no deed, was parceled out by authorities to Bengali Muslim settlers in the
IHT. Tribal people's property rights were also violated by the issuance of false
deeds, physical attacks, sudden foreclosure following the failure to meet mortgage
payments, or confiscation by the army in areas where the tribal insurgency was active.
There have been no reports of such violations in the past 5 years. Tribals in
other areas of Bangladesh have also reported that they have lost land to Bengalis
through legal trickery and other means.
The Government has suspended the transfer of land and taken additional steps
to grant authority over land allocations and regulation to the tribal-dominated local
government councils. In July 1991, the councils assumed control over primary education,
health, family welfare, and agricultural extension. However, many tribals
still believe that the Bangladesh security forces have inordinate control over their
lives and they remain concerned about tneir ability to retain their distinct culture
in the face of incessant pressure from the dominant Bengali culture.
Section 6. Worker Rights
a. The Right of Association
Freedom of association and the right to join unions
are guaranteed in the Bangladesh Constitution. The right to form a union, subject
to government approval, also is guaranteed. Military, police, and state administration
workers are forbidden to join unions, except workers in the railway, postal, telegraph,
and telephone departments. The constitutional right to join a union does not
apply in the country's Efxport Promotion Zone (EPZ), though EPZ workers (as well
as Bangladeshi civil servants) have formed associations which perform functions
similar to labor unions. The Government has stated that labor law restrictions on
freedom of association and formation of unions in the Chittagong EF'Z will be lifted
in the next 5 years.
Bangladesh s work force numbers approximately 50 million people, with only
about 3 million in the industrial sector. Approximately SVz percent of the work force
is unionized. Labor unions remain most powerful in the traditionad jute, textile, and
transportation industries. Under current law, professional and industry-based
unions are not allowed. Ten to 15 percent of Bangladesh's approximately 4,200 labor
unions are affiliated with 23 National Trade Union (NTU) centers. There are no
legal restrictions on political activities by labor unions. Unions in Bangladesh are
highly politicized, and virtually all the NTU centers are afliliated with political parties,
including one with the ruling BNP. Some unions are militant and engage in
extortion ana other strong-arm activities. The lai^e numbers and politicization of
Bangladesh's labor unions cause dissension within the labor force. At Adamjee jute
mill, for example, clashes between rival labor groups resulted in numerous injuries
and several deaths in 1992.
To obtain and maintain its registration, 30 percent employee participation in a
union is required. Workers are eligible for membership on the unions' executive
stafT, the size of which is set by law in proportion to the number of union members.
Registration of a union may only be canceled by the Registrar of Trade Unions with
the concurrence of the Labor Court, but no such actions were known to have been
taken in 1992. There are no restrictions on afiiliation with international labor organizations,
and Bangladeshi unions and federations maintain a wide variety of such
links. Trade unionists are required to obtain government clearance to travel to
international labor organization meetings. However, no clearances were denied in
1992.
The right to strike is not specifically recognized in the law but is an accepted form
of protest. There were a number of strikes in 1992. Early in 1992, primary and high
school teachers struck for wage increases and other benefits. Other sectors affected
by agitation at that time were power, chemical, steel, sugar, and the national airlines.
Though the teachers received some concessions, the other actions were largely
unsuccessful. In June and July, there were a number of "Ulegal" (i.e., without proper
notification) strikes over the Government's failure to honor a memorandum of understanding
(MOU) signed in 1991 with textile and jute workers in which it agreed
to establish a tripartite commission to address grievances, including over minimum
wages. The strike actions resulted in another, similar MOU being signed. The country
nas also been subject to a number of "hartal" (general strike) actions. TTiese politically
motivated stnkes had the effect of shutting down industry for a day or halfday
and keeping workers at home.
The Essential Services Ordinance permits the Government to bar strikes for 3
months in any sector deemed "essential," and the Government occasionally has applied
this authority to sectors not usually considered essential. In cases of pubnc
utilities, the Government is empowered to prohibit a strike or lockout at any time
before or after the strike or lockout begins and refer the dispute to the Labor Court.
Public utUity services include electric power generation and supply, sanitation, hospital
and ambulance services, fire fighting, railroad, air transport security services,
and communications.
Mechanisms for conciliation, arbitration, and Labor Court dispute resolutions
were established under the Industrial Relations Ordinance of 1969. Workers have
the right to strike in the event of a failure to achieve a bipartite settlement. If a
strike lasts 30 days or longer, the Government may prohibit the strike and refer
the dispute to the Labor Court for adjudication.
b. The Right to Organize and Bargain Collectively
Free collective bargaining is
legal only for private sector workers in Bangladesh, on condition that the workers
are represented by unions legally registered as collective bargaining agents by the
Registrar of Trade Unions. Pubfic sector industries' workers' pay levels and other
benefits are recommended by the National Pay and Wages Commission. The Commission's
recommendations are binding and may not be msputed except on the issue
of implementation.
Under the Industrial Relations Ordinance, there is considerable leeway for discrimination
against union members and organizers by employers. For example, the
Ordinance allows arbitrary transfer of workers suspected of union activities. Complaints
that employers routinely flout ordinance rules against antiunion discrimination
are particularly high in the garment industry. The Registrar of Trade Unions
disposes of discrimination complamts. There have been a number of cases in which
the court has ordered the reinstatement of workers fired for union activities. However,
the Labor Court's overall effectiveness is damaged by a serious case backlog,
and there have also been allegations that some of its deliberations have been corrupted
by employers.
As noted in Action 6.a., no collective bargaining takes place in the Chittagong
EPZ.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced
or compulsory labor. The Factories Act and Shops and Establishment Act, 1965, set
up inspection mechanisms to enforce laws against forced labor, but resources for enforcement
are sUm, and the laws are not rigorously enforced.
d. Minimum Age for Employment of Children
Bangladesh has laws that ostensibly
prohibit labor by children, with legal working ages determined by type of industry.
For example, children between the ages of 15 and 17 are allowed to work,
but not for more than 9 hours a day, inclusive of a 2-hour break for rest. They are
not allowed to work between 10 p.m. and 7 a.m. Children under 12 are forbidden
employment in such industries as railroads, garments, construction, rickshaw pulling,
and street trading.
In reality, however, enforcement of these rules is lax. The United Nations has estimated
that fully 32 percent of Bangladesh's population under the age of 18 is
working. The widespread prevalence of child labor is a consecpience of Bangladesh's
condition of extreme poverty, one of the worst in the world. In January 1990, in an
attempt to curb child labor, the Bangladesh Government began implementing a
compulsory education bill. Under the law, each child must attend school through the
5th grade. However, the Government maintains that it does not have the resources
to implement this law immediately in the entire country. The initial program has
concentrated in only a few areas; to be effective, it must be expanded considerably.
e. Acceptable Conditions of Work
There is no national minimum wage. Instead,
the Minimum Wage Commission sets wages industry-by-industry. In most cases,
private sector employers ignore this wage structure with apparently little fear of
prosecution.
The law sets a standard 48-hour workweek with 1 rest day mandated. However,
a 60-hour workweek, inclusive of a maximum 12 hours of overtime, is allowed. The
law is poorly enforced in industries such as hosiery and ready-made garments,
elative to the average standard of living in Bangladesh, the average monthly wage
could be described as a living wage but not by any means a decent wage for a family-
The Factories Act of 1965 provides occupational health and safety standards. The
law is comprehensive but is largely ignored by most Bangladeshi employers. Enforcement
by the Labor Ministiys Industrial Inspectorate is weak in terms of personnel
and logistical support. Workers may also resort to legal action for enforcement
of the law's provisions, but few cases are actually prosecuted.
