Country Report on Human Rights Practices for 1986
BANGLADESH
Bangladesh underwent a transition from a Martial Law
Administration (MLA) to civilian rule in 1986. The Chief
Martial Law Administrator and President, H.M. Ershad, had
taken power in a bloodless coup in March 1982 and had ruled
under martial law from that time. Under Ershad' s guidance, a
series of steps was taken leading up to the return of civilian
rule; these included Bangladesh's first parliamentary elections
in 7 years in May 1986, the surrender by military courts of
their civil jurisdiction, the return of regional martial law
administrators to the barracks, the lifting of most
restrictions on political activity, and, in October, the
election of Ershad to a 5-year term as civilian President.
Earlier, Ershad had given up his post as Chief of Army Staff
and retired from the army. On November 10 Ershad officially
lifted martial law.
During the last year of martial law, the Martial Law
Administration (MLA) continued to be restrained in its
application of theoretically unchecked powers. The regime
became less heavy-handed as the leadership became less
preoccupied with its initial objective of eradicating
corruption and more concerned with the normal chores of
governing, such as encouraging economic development,
implementing administrative decentralization and reform, and
attracting civilian political support.
The trend toward political liberalization, interrupted in
March 1985 with the banning of political and trade union
activity, was resumed in October 1985 with the relaxation of
the ban and its elimination on January 1, 1986. In May 1986,
several opposition parties campaigned actively in the
parliamentary elections. The campaign was marred by the deaths
of at least 20 people nationwide. However, although opposition
parties and independents won 122 of the 300 directly elected
seats, the major opposition parties charged gross
irregularities in the conduct of the elections and of
subsequent by-elections in August, in which the government
party swept all 8 seats. In October the major opposition
parties chose not to participate in the presidential poll,
which was won by incumbent President Ershad, who overwhelmed a
field of 11 independents.
Bangladesh remains one of the poorest and most densely
populated countries in the world. An estimated 70 percent of
Bangladeshis subsist below an absolute poverty level, and the
population is increasing by 2 . 6 percent a year. Agriculture
accounts for half of the gross domestic product and about
74 percent of employment. The Government's avowed priority
has been economic development. Its key programs have been
aimed at increased agricultural yields, reduced population
growth, decentralization of administration, and development of
the private sector. Although an important Government goal in
implementing its policies has been the eradication of
corruption and inefficiency, reports persist of widespread
corruption at all levels of the Government.
In 1986 there continued to be instances of press restrictions
as well as cases of arbitrary arrest and detention. Reports of
violence against ethnic communities in the more remote areas of
the country increased during the year.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
A small, simmering insurgent movement bred of social disruption
and economic decline continued in the Chittagong Hill Tracts,
where some 600,000 tribal people live. Sporadic clashes
reportedly took place between government forces and small
groups of armed tribal insurgents, the Shanti Bahini (Peace
Force). Although some observers allege that the frequency of
confrontations and the number of deaths are increasing, no
reliable statistics are available. The Shanti Bahini launched
an offensive in May, killing armed forces personnel and
civilian settlers in a series of apparently coordinated
attacks. In retaliation, the military, accompanied by
settlers, attacked tribal villages. An Amnesty International
report of September 1986 provided first-hand accounts of the
violence and death which occurred during May and accused the
Government of sanctioning unlawful killings. Despite an
amnesty for all insurgents proclaimed in October 1983 and
again in May 1986 for a brief period, the area was off-limits
to foreigners, and contact between tribal people and foreigners
was actively discouraged by the Government. The tribal leaders
continued to demand the preservation of their autonomous
culture and an end to Bengali settlement in the Chittagong
Hill Tracts.
In the country at large, killing for directly political motives
remains uncommon, although violence between factions, gangs,
and economic adversaries sometimes assumes political
coloration .
b. Disappearance
There were no confirmed reports of disappearance resulting
from official actions.
c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment
There were reports of torture of some political prisoners, as
well as criminal suspects. A June 1986 Amnesty International
(AI) report on torture in Bangladesh cited allegations that
the Directorate General for (Armed) Forces Intelligence
tortured some political prisoners held for short periods of
interrogation. Many of the prisoners who were reportedly
tortured were student activists. AI asked the Government to
undertake impartial and independent investigations into
allegations of torture and to file criminal proceedings against
law enforcement personnel when justified. According to AI , no
such investigations were made. Articles of the 1972 Bangladesh
Constitution specifically prohibiting torture were in suspense
from 1982 when martial law was declared until the recent
lifting of martial law.
Although police treatment of accused criminals is often rough
and can include abusive interrogations and beatings, reports
of fatalities from such mistreatment are rare. According to
one report, however, a 17-year old student died in a hospital,
where he had been transferred from police custody, from a
brain hemorrhage caused by a blow to the back of his head.
There were also reports that landless workers and activists
promoting landless workers' rights have been ill-treated or
tortured while in police custody. Punishment of police and
jail officials involved in mistreating prisoners sometimes
takes place in cases where the victim or his friends and
family can attract publicity, but mistreatment of ordinary
citizens often goes unpunished.
The year saw an increase in reports of torture of tribal
villagers by security personnel. Allegations ranged from
harassment and extortion to rape and murder. These reports
came from human rights groups which believe that the Government
should protect the rights of tribal people, particularly
property rights, against settlers from other parts of the
country.
Conditions in Bangladesh's overcrowded jails reflect the
country's extremely poor living conditions. Amnesty
International reported that cells for prisoners in the Dhaka
cantonment had neither light nor furniture. The grill door to
many cells was covered by a wooden board, increasing the sense
of the prisoner's isolation. In the larger prisons, prominent
persons and political prisoners are held in conditions which
are markedly better than those afforded to ordinary criminals,
as is customary in South Asia. Prospects for the
implementation of prison reforms remain slight.
d. Arbitrary Arrest, Detention, or Exile
Under long-time provisions of the law, reaffirmed by the
Special Powers Act of 1974, persons can be detained without
charge for 24 hours, held with the consent of a magistrate for
30 days, and held with government approval for an indefinite
time. Although these powers provide broad flexibility, the
Act was reportedly disregarded entirely for some persons held
in the custody of military personnel during the martial law
period. For others in custody, the Act was breached by the
failure to comply with time limits or to produce a prisoner
before a magistrate. Prior to the May parliamentary elections,
the Special Powers Act was invoked against several prominent
opposition leaders who threatened to disrupt the elections
with demonstrations. In general, whenever participation in
demonstrations or other political activity prompted the MLA
summarily to detain individuals, the authorities sought to
notify families expeditiously of the detained and arrested
persons' whereabouts. Such demonstrators and activists were
seldom held for long periods. Observers estimated that fewer
than 100 people were detained for other than common law
offenses .
In what could have been a significant development, the
Government began honoring writs of habeas corpus, even before
martial law was lifted. However, some prisoners released as a
result reportedly were arrested again within 24 hours.
Bangladeshi legal and human rights organizations reported cases
of suspects arrested on minor charges who remained in jail for
long periods without trial.
There was no report of forced labor.
e. Denial of Fair Public Trial
The MLA suspended martial law courts prior to the May
parliamentary elections. Since then, civil and criminal cases
have been heard by civilian courts in public trials in which
the right to counsel is respected. Civil courts are
overburdened and available only to those who can afford
representation but are generally considered fair. Processing
cases can be both time-consuming and expensive, working a
hardship on the vast majority of litigants and discouraging
many from seeking redress through the courts. There are few
legal aid programs to assist indigents.
To accomplish the goal of speedy justice and relieve court
dockets of a reported backlog of some 60,000 cases, the MLA
had required that cases be concluded within 6 months. The
result was that new cases came to trial and were decided in a
timely fashion, while older cases were postponed.
The MLA dispersed magistrate courts to the newly established
Upazilla (subdistr ict ) level of government and decentralized
the administration of high court appellate benches. Many
considered court decentralization an important step in
bringing judicial relief to the majority of the population
living outside the capital city.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Bangladesh authorities do not normally engage in arbitrary
invasion of the home, although MLA officials are known to have
entered the homes of opposition leaders, detained individuals,
and searched their premises without warrants. The law requires
a judicial warrant before authorities enter a home, and courts
require evidence supporting a reasonable basis of suspicion
before issuing a warrant. Wiretaps are believed to be used
selectively, as is the monitoring of private correspondence.
The Government maintains civilian and military intelligence
services which concern themselves, in part, with domestic
events. Although not pervasive, the influence and capability
of these services is thought to be growing.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government owns and operates all radio and television
facilities. In 1986 Bangladesh television and radio focused
heavily on the activities of government leaders and virtually
neglected the opposition. In the print media, the Government
controls one of Dhaka's four English-language daily newspapers,
a Bengali-language daily in Dhaka, and a Bengali-language
weekly through a national press trust. The Government owns
the major Bangladesh News Agency (BSS) as well as a daily
newspaper in Rajshahi. Three of the Dhaka English dailies and
most of the many Bengali-language periodicals and newspapers,
however, are privately owned; some are supported by political
parties and reflect various political views. Major newspapers
report on both the Government and opposition, although coverage
of opposition political activities is usually somewhat less
extensive than that of official activities. The Bangladesh
news media, including the BSS, did not repeat any open or
implied criticism of either the President or the armed forces.
Explicit criticism of any foreign country (unless made by the
Government) or criticism of any authoritarian order was also
avoided. The Government denied the application of a biweekly
to publish more frequently, reportedly because the publisher
refused to print progovernment stories.
In 1986 the MLA exercised its authority to ban foreign and
domestic publications. Three Bengali- language magazines.
Ekota, Amader Kotha, and Sangbadik were closed. They joined
the popular weekly Jai Jai Din (closed in 1985, reopened and
closed again in 1986), Ittehad (closed in 1984), and Jooi Jatra
(also closed in 1984). None of the three closed in 1986 was
allowed to reopen. Reprints of an article from the London
Observer critical of President Ershad were confiscated by the
Government. Distribution of selected editions of other papers
was also banned.
Five journalists, including the president of the Weekly
Newspaper Journalists Union, were released by the MLA in June
1986. The MLA also detained journalists for writing articles
critical of martial law (an offense under martial law
regulations), but eventually released all of them. No
journalists were known to have been imprisoned in 1986.
A ban on political activity at all universities was lifted in
1985, and many students were vocal in their criticism of the
MLA. Taking advantage of the relative freedom enjoyed on the
Dhaka University campus, opposition parties attacked the
Government through their student fronts. Students were free
to express a wide range of political opinion through campus
organizations and their publications.
b. Freedom of Peaceful Assembly and Association
By the beginning of 1986 all martial law restrictions on
political activities were removed, paving the way for a new
round of elections later in the year. Subsequently, the
Government allowed the major opposition parties to campaign
openly or protest peacefully. A ban on antielection
activities was imposed prior to the May 1986 parliamentary
elections and the October presidential election. Restrictions
were placed at times on public assemblies. These restrictions
have since been lifted.
A ban on trade union activity instituted in March 1985 was
lifted on January 1, 1986. The Bangladesh labor movement held
an open election for federation officers of the Bangladesh Free
Trade Unions Congress (BFTUC) in March. Delegates freely
elected the winners by secret ballot. Throughout the campaign
for the May parliamentary elections, the Government allowed
union activity, which included numerous local labor actions.
A call for a general strike by a coalition of 14 trade union
federations in support of the program of the main alliance of
opposition political parties was called off because of a lack
of rank-and-file support. Labor activity increased throughout
the year, but the general strike was employed less frequently
than in 1985.
Workers in Bangladesh generally enjoy the right to associate
freely, to organize, and to bargain collectively. Because of
a low level of industrialization, labor unions represent no
more than 5 percent of the work force. Although only a small
portion of the work force is unionized, unions are powerful
and important in certain key sectors such as jute, tea, and
transportation. Unions are heavily involved in politics; of
17 trade union federations, only 1 claims no political
affiliation. Most unions are urban-based and serve as fronts
for political parties. Bangladesh's progressive labor law is
often ignored by both management and labor.
Unions are free to draw up their own constitutions and rules,
elect officers, and formulate programs. There are no
restrictions on joining confederations and affiliating with
international organizations. Individuals need government
clearance to travel to international labor conferences and
attend programs sponsored by foreign labor institutions; such
clearances are routinely granted. Under a provision of
Bangladesh's labor law, the Government can suspend or dissolve
individual unions. In theory, Bangladeshi workers enjoy
participatory rights in all union business; in practice, these
rights are often violated by both employers and union leaders.
In theory, unions and their members are fully protected against
antiunion discrimination; in practice, employers regularly fire
workers for union activities and harass union activists and
leaders .
Antiunion discrimination is especially prevalent in the garment
industry, where most of the workers are young women.
Following labor agitation and violence against firms and
personnel in the Export Processing Zone in Chittagong, the
Government banned union activity in an effort to enhance its
attractiveness to foreign investors. Employers, through
connections in the Government and the military, often succeed
in having legal actions that unions file against them forgotten
or quashed.
c. Freedom of Religion
Predominantly Muslim, Bangladesh continues to permit conversion
from one religion to another. Prosyletizing by Bangladeshi
citizens is allowed under Article 41 of the Constitution,
subject to law, public order, and morality. Proselytization
is largely directed toward minority groups such as Hindus and
tribal peoples. There is strong social resistance to efforts
to convert persons from Islam. Certain Islamic organizations
continue to voice concern over Christian missionary activities
and the conversion of Muslims to Christianity. Some Christian
missionaries face delays in renewing their visas and are
concerned that the Government might make it difficult for them
to stay in the country.
The Government has continued to pledge equality of treatment
and freedom of worship to Hindu, Buddhist, and Christian
minorities, who constitute approximately 13 percent of the
population. Although this policy is substantially respected,
the numerical predominance of Muslims and South Asia's history
of communal violence and discrimination contribute to minority
concern.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Bangladesh citizens are free to move within the country, except
within designated "red areas" in the Chittagong Hill Tracts.
There are also areas near the borders from which all
nonresidents are banned. Bangladeshis are generally free to
visit and emigrate abroad, subject to foreign exchange
controls. In some instances, persons deemed to be security
risks are not allowed to travel abroad. Civil servants must
obtain "no-objection certificates" from the ministry in which
they are employed before traveling abroad, and citizens going
overseas to work must register with the ministry responsible
for manpower export. The right of repatriation is observed.
Approximately 250,000 non-Bengali Muslim Biharis, or "stranded
Pakistanis," remain in Bangladesh pending resettlement in
Pakistan. After independence in 1971, these non-Bengalis opted
for Pakistani citizenship. Pakistan agreed to take them back
provided financing for resettlement costs was made available
from outside sources. A Saudi-based Islamic social
organization continues its efforts to raise money for these
resettlement costs. Camp dwellers may seek employment and
conduct other activities but face disadvantages as noncitizens.
Some Biharis have lost property as a result of laws
confiscating Pakistani holdings, but those Biharis who chose
to become Bangladeshi citizens in 1971 are entitled to full
rights of citizenship. Biharis may still apply for Bangladeshi
citizenship at any time.
The United Nations High Commissioner for Refugees (UNHCR)
reported that seven Iranians and one Afghan were arrested in
Bangladesh with false entry papers. Considered security risks
by the Government, the refugees were imprisoned for 6 months
until released on bail by the UNHCR. The Iranians, several of
whom were accepted for resettlement, faced legal charges. The
Afghan remained in prison and was not allowed to receive
visitors .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.
Bangladesh held its first parliamentary elections in 7 years on
May 7, 1986. An alliance of opposition parties contested the
elections against candidates associated with the party formed
by the President. A second alliance of opposition parties
chose to boycott the polls, claiming they could not be free
and fair unless martial law were lifted and other conditions
met. The progovernment party won 178 out of the 300 directly
elected seats, and opposition parties and independents won 122.
Despite this record showing by the opposition, opposition
party leaders cited incidents of fraud and intimidation.
Opposition winners were sworn in as members of Parliament in
July but declined to take their seats in protest against the
continuation of martial law and the conduct of the May
elections. By-elections were held in August for eight
parliamentary seats; candidates from the same major opposition
alliance which participated in the May elections again took
part. The progovernment party swept all eight seats, in most
cases winning by lopsided margins. No major opposition party
participated in the October presidential poll. With the
lifting of martial law, the opposition parties have announced
their intention to take the seats to which they were elected.
President Ershad played a major part in the moves to restore
constitutional government under his own civilian leadership.
In August he gave up his post as Chief of Army Staff and
retired from the army. He then joined the progovernment party
and became its chairman in preparation for his candidacy in
the October 15 presidential election. Contesting as a
civilian, Ershad received approximately 85 percent of the
vote. Opposition political figures and members of the foreign
press corps contended that the 55 percent turnout claimed by
the Government was greatly inflated and that the Government
had used fraudulent means on a wide scale. On November 10,
President Ershad signed a proclamation withdrawing martial
law. Earlier that day. Parliament passed a constitutional
amendment ratifying as law acts promulgated by the MLA and
giving immunity from prosecution to the martial law
authorities .
Since independence in 1972, members of Bangladesh's elite have
periodically endeavored to establish a democratic form of
government by framing a constitution and experimenting with
parliamentary and presidential systems. Nonetheless,
Bangladesh has spent 9 of its 15 years since it gained its
independence from Pakistan under martial law, which has
contributed to the fragility of its institutions. This in
turn has fostered a belief among the military that it is the
only national institution able to bear responsibility for
national affairs.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Several international nongovernmental human rights
organizations, including Amnesty International, the
International League for Human Rights, the Law Association for
Asia and the Western Pacific (LAWAASPA), and the International
Commission of Jurists continue to be represented in Bangladesh.
The Government has not obstructed independent outside
investigations of alleged human rights violations.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Underlying 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 live in
rural areas, early marriage, high child-bearing rates, and
long hours of household labor leave little opportunity for
nonfamily interests or outside employment. Even in urban
areas and among the affluent, the traditional social system
makes women economically dependent on their husbands or other
male relatives.
By custom and by Islamic tradition, women occupy a subordinate
place and receive unequal treatment before the law on a
widespread basis. The ability of a family to seclude its
women is a symbol of middle or high social status. Women are
virtually absent from the cash work force, except in the
export-oriented garment industry. Their wages lag behind
those of men, even for the same work.
The daily press testifies to a pattern of domestic violence
(murder, rape, torture), breach of matrimonial contract,
denial of inheritance rights, and desertion which victimizes
women and which is particularly acute among the poor. The
rate of suicide among women is reportedly almost three times
higher than among men. The Government promulgated a stringent
ordinance in 1983 to deter such cruelties to women as murder,
kidnaping, abduction, and trafficking in women. The number of
reported cases of acid-throwing against women, a crime which
leaves its victims dead or badly scarred, declined during the
past year. The penalty for acid-throwing is death. The death
penalty is also imposed against those directly responsible for
"dowry killing" or for killing a woman in the course of a
rape. "Dowry killings" usually share a common theme: the
bride's family has not made full payment of a supposedly
promised dowry, so the husband or his family attacks and
sometimes murders the bride. There is generally little
recourse for abused women, especially for crimes within the
family or home.
Members of minority religious groups are disadvantaged in
practice, although not in law, in their access to government
positions and political office. Members of some minorities,
principally Hindus, have lost or have had serious difficulty
retaining their properties as a result of prejudicial
administration of vested property laws which provide that
property belonging to persons who left Bangladesh between 1965
and 1971 should be managed by the Government. The Government
is authorized to use and sell this property, which it has
sometimes done to the disadvantage of the former owner.
Reports also persist that the property rights of tribal
peoples are being violated. Tribal land, for which there is
freqiiently no deed, is said to have been parceled out by
Bangladesh authorities to Bengali Muslim settlers. Over the
past decade, successive governments settled close to 300,000
ethnic Bengalis in the Chittagong Hill Tracts. Tribal people
also face the loss of land through failure to meet mortgage
payments, false deeds, and physical attacks. In areas where
the tribal insurgency is active, the army can take land
without compensation. Dhaka-based legal aid organizations
have been offering representation to a limited number of
tribal people illegally removed from their lands.
CONDITIONS OF LABOR
Bangladesh's labor law stipulates minimum ages for various
types of employment; in industries where unions are strong
these minimums are enforced, but the poverty of the country is
such that children are regularly engaged in any line of work
they can get, especially fieldwork. In general, regulations
regarding minimum wages, hours of work, and occupational safety
and health are not strictly enforced.
Child labor increased in 1986. As estimated by the Bangladesh
Bureau of Statistics, the number of child laborers was 3
million, compared to 2.5 million in 1981. Of the manual
laborers in the markets of Dhaka, 70 percent of those surveyed
were between the ages of 7 and 15. Children pedaled cycle-
rickshaws, worked as helpers in transport services, carried
loads at railway stations and river terminals, and worked at
construction sites.
