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Bureaucracy trying to torpedo move for effective HR body

By Nurul Kabir
A government initiative (o set up an independent national human rights commission has drawn stiff resistance from the bureaucracy, active to make it a "toothless institution".
The resistance came recently from the secretariat of the home ministry even after Sheikh Hasina's Cabinet approved a draft Bill seeking constitution of the commission, sources said.
The ministry objected to those provisions of the draft law which, if remain unchanged. would substantially contribute to prevention of human rights violation by government officials In general and law enforcing agencies in particular.
In the first place, the ministry raised objection to the definition of human rights'. The draft Bill said that the phrase human rights' would mean the right to personal life, freedom, equality and status guaranteed by the state's constitution, the rights enshrined in international human rights Instruments ratified by Bangladesh and those enforceable through any court of the country."
The home ministry found the definition "broad-based" and was unhappy" as the Bill envisaged violation of the rights as punishable offence. Arguing for trimming the definition. the home ministry secretariat said that it "would enable any person to sue the
Prime Minister. Ministers and government officials on charge of human rights violation", while "law enforcing agency people have to face cases very often".
The ministry suggested dropping of another provision that would give the proposed commission the authority to conduct investigation - suo moto or on application of vic-tlm/s - into allegation of human riglits violation, or failure by any person, group, organisation or public servant in preventing violation of human rights If the provision is not dropped, certain "NGOs working on so-called human rights issues would have the scope for blackmailing or embarrassing government officials out of political motives", the ministry argued.
The ministry seems to have ignored the fact that human rights can not be ensured at all without a legal mandate for probing into ^legations of human rights violation by any in-dlvidual or quarter - be it pubUc or private.
The home ministry also objected to another provision that gives the commission the authority to take part in proceedings of cases of human rights violation, subject to prior permission of the court concerned. ~An embarrassing situation will be created for government officials, if the commission takes part in court proceedings". the ministry said.
Opposing the idea of "encouraging NGOs in human rights activities', the ministry rather recommended "provisions to ensure proper monitoring and control of NGO activities"
The ministry suggested deleting another provision that allows the commission to recommend financial compensation to the victims or their families. In this regard, the ministry suggested "considering the implications of introducing such a legal provision when the High Court instructed the government and a district magistrate to pay compensation even in the absence of such a provision".
"If the provisions are kept, police officials would be inactive in arresting the accused or interrogating them for fear of being charged with human rights violation. They would also get scared of taking the accused on remand for interrogation". the ministry said.
"Enactment of such a law would make it very difficult for police to play a bold role during hartals and other political demonstrations. Innumerable cases would be filed by demonstrators against police".
It would also create problems for the jail administration. the home ministry observed "Inmates would have the scope to sue the authorities concerned for human rights violation as the prisons keep inmates much more than their capacities".
The secretariat of the home ministry came up with the observations on January 2. a day after President Shahabuddln Ahmed announced in the Jatiya Sangsad that an independent human rights commission was In the offing.
A Tk 1.5 crore project - Institutional Development of Human Rights in Bangladesh (IDHRB) - was approved by the government of Khaleda Zia in 1995. Sheikh Hasina's government. especially the law ministry. went for implementing the project in March 1996.
Following a lot of field work, discussions and consultative meetings with local and foreign experts. IDHRB authorities submitted the draft Bill in early 1998 seeking setting up of a national human rights commission.
The Cabinet on April 12. 1999 in principle approved the Bill and a law ministry proposal for setting up of a national human rights commission.
The Cabinet however formed a six member ministerial committee headed by Education Minister ASHK Sad’eque to review certain legal and technical aspects of the draft legislation. Other members of the committee were Industries Minister To-fail Ahmed. Home Minister Mohammad Nasim. Law Justice and Parliamentary Affairs Minister Abdul Matin Khashru. State Minister for Textile K M Jahangir anti State Minister for Planning Mohiuddin Khan Alamgir
Alter three meetings between April and October last year, the ministerial committee proposed certain changes in the draft Bill. However, one of the committee recommendations may eventually affect effective functioning of the proposed commission. It suggested "deleting" a provision that the executive authorities of the state would co-operate with the commission in discharging its functions.
According to press reports, Prime Minister Sheikh Haslna told President of the UN Human Rights and Equal Opportunity Commission Prof. Alice Tay in Sydney on October 22 last year that tier government had approved a draft law. to be placed in the next parliament session, to constitute a national human rights commission
However, the draft Bill came up again for discussion in the Cabinet meeting on February 28 According to Oabineft sources, the PM found a provision of the proposed law inconsistent with a Constitutional provision which said that the President would act. except in two cases, only on the advice of the Prime Minister.
But the draft Bill that has vested the authority of appointing the commission in the President said that he would made the appointments in consultation with a four member panel comprising the Prime Minister. Speaker. Leader of the Opposition in Parliament and Chief Justice of Bangladesh.
The Cabinet therefore decided to send it back to the ministerial committee to "make the draft consistent with constitutional provisions". But what is alarming is that the Cabinet also asked the ministerial committee to consider the home ministry observations.
Human rights experts believe that the proposed commission. even if set up tn the light of the proposed Bill, would not be very effective as it would not have the authority to punish any human rights violator. It would only have the right to recommend punishment. Now. if the government incorporates the home ministry objections in the draft, the commission would eventually be a toothless institution which would only serve governments to secure foreign aids and grants', they observed while talking to this correspondent.