Bangladesh is one of the 49 countries in the list of Asian continent, which got independence in the year 1971 after having a bloody war of nine months. Since independence, a series of felony has been experienced by the populace of Bangladesh over times either by the internal rulers or by the external forces and thence continues to be wracked by human rights violations. Even though, Bangladesh became the member of United Nations in 1974 and have ratified a number of international human rights instruments such as: The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (United Nations Convention against Torture) 1984 and The International Convention for the Protection of All Persons from Enforced Disappearance (ICCPED) 2006, which are indispensable to prevent torture within the border, and forbids state to transport people to any country where there is reason to believe that they will be tortured, there remain perceived cases of serious abuse, including extra-judicial killings, custodial deaths, arbitrary arrest and detention, and harassment of populace over the recent past five years. Moreover, the failure to investigate fully extra-judicial killings by security forces (such as: police, RAB and BDR) including the deaths under custody, remained a matter of serious concern. Some members of the security forces acted with impunity and committed acts of physical and psychological torture. Violence against women and children remained a serious problem, as did trafficking in persons. This paper will pose a critical analysis on how provisions of such international conventions (for the protection of human rights) are being violating in Bangladesh and suggest some guidelines for implementing such human rights instruments contingenting upon the present impasse.

1. THE FRENZY EFFECTIVENESS
OF INTERNATIONAL HUMAN
RIGHTS TREATIES IN
BANGLADESH.
By:
Md. Zubair Kasem Khan & Md. Mosa Shakil.
Ahmad Ibrahim Kulliyyah Of Laws (AIKOL)
International Islamic University Malaysia (IIUM).

2. Outline of the Presentation
 The Locus of Bangladesh in Asia: At a Glance.
 Concept of Human Rights (Both in Conventional & Sharīʿah point of
views.
 Protection of Human Rights Under Constitution and Int’. Conventions.
 Violation Of Human Rights Convention In Bangladesh
Mass Killing & Genocide. Extra-judicial killing. Enforced Disappearance.
 Conclusion And Policy Recommendations.

3. The Locus of
Bangladesh: At a Glance
Situated: North-Eastern part of South Asia, secure independence in 1971
after having a tear’s war of nine months.
Administrative segregate: 7 Divisions, 64 Districts, 481 Upazillas (sub-districts)
and 4498 Unions.
Estimated Population 152(+) million, per Capital Income $ 848, GDP
is $ 2475.97 (per capita), GDP Growth Rate 6.01 %, Gross National
Product (GNP) 4773.82 (BDT Billion) in the year 2013.
Ratio of Religious Believers: Muslim holds 90.4%, Hindus 8.3%,
Buddhists 0.6%, Christians 0.4%, Others 0.3%.
Bangladesh became the Member State of the United Nations on
17 September 1974, have ratified and become accession to
several Conventions and Covenants such as: Convention against
Torture (CAT); Civil and Political Rights (ICCPR) and
Economic, Social and Cultural Rights (ICESCR) only to ensure
the human rights over the citizens of Bangladesh.

4. Concept of Human Rights
Human Rights refers to the concept
of human beings as having universal
natural rights, or status, regardless of
legal jurisdiction or other localizing,
such as ethnicity, nationality, and
sex.
The aspiration of Human Rights
includes-
 Set of standard that guarantee a
life befitting a rational human being.
 Are basic and minimum standards
without which people can’t live in
dignity.
 Guarantees the development and
wholeness of our being.
 Are the “Foundation of freedom,
justice, and peace in the world.”

5. Continuing…
CIVIL
RIGHTS
Pertaining to
those rights
which are related
to the protection
of the right to life
and personal
liberty
Example: right to
life, liberty,
freedom from
torture and right
to own property.
POLITICAL
RIGHTS
Enables the
people to
participate in
running or
influencing the
administration of
the government
Example: right to
vote, right to be
elected and right
to take part in
conduct of public
affairs.
ECONOMIC
RIGHTS
Pertains to access
to resources- such
as land, labor,
physical, and
financial capital-that
are essential
for the creation,
legal
appropriation,
and market
exchange of
goods and
services
Example:Right to
work, right to
own property.
SOCIAL
RIGHT
S
Relates to
living
together
or
enjoying
life in
communit
ies or
organized
groups.
Example:
right to
social
security,
right to
social
welfare,
etc.
CULTU
RAL
RIGHT
S
Ensures
the well-being
of
the
individual
,
enrichmen
t &
dynamic
evolution
of arts,
manners
& way of
living of a
group
Example:
right to
take part
in the
cultural
life, right
to social
security.

6. Human Rights in Sharīʿah point of
views
The Birth-rights of Life and Security:
In Islam, life is a sacred trust from God and the most basic right of a human being. Allah
Sub’hana wa Ta’ala recognizes this right in the Quran:
“…Nor take life – which Allah has made sacred – except for just cause…” (Sura Al Israa: 33).
He also says, “…if anyone kills a person – unless in retribution for murder or spreading
corruption in the land – it is as if he kills all mankind while if any saves a life it is as if he
saves the lives of all mankind…” (Sura Al Maaida: 32).
The Entitlement to Justice:
Islam requires that Muslims possess upright character and deal justly with the entire human
race. Allah says in the Quran:
“You who believe, be firm in your devotion to God and bear witness impartially: do not let
hatred of others lead you away from justice, but adhere to justice, for that is closer to
awareness of God. Be mindful of God: God is well aware of all that you do” (Sura Al Maaida
:8)
“… Allah does not forbid you from those who do not fight you because of religion and do not
expel you from your homes - from being righteous toward them and acting justly toward them.
Indeed, Allah loves those who act justly…” (Surah Al-Mumtahana: 8).

7. Protection of Human Rights Under the
Constitution of Bangladesh.
The Constitution of Bangladesh (Bangladesh's Constitution of 1972, Reinstated in
1986, with Amendments through 2011) is considered as the major policy document
of the Bangladesh government, in which the human rights has got the utmost
preponderance. Several Articles give protection of Human Rights for the citizens’ of
the People’s Republic Of Bangladesh. These are:
 Article-11: “ The Republic shall be a democracy in which fundamental human
rights and freedoms and respect for the dignity and worth of the human person
shall be guaranteed…”
 Article-31: “ To enjoy the protection of the law, and to be treated in accordance
with law, and only in accordance with law, is the inalienable right of every
citizen … no action detrimental to the life, liberty, body, reputation or property
of any person shall be taken except in accordance with law.”

8. Continuing…
 Article- 32: “ No person shall be deprived of life or personal liberty save in
accordance with law.”
 Article- 33(1): “ No person who is arrested shall be detained in custody without
being informed, as soon as may be of the grounds for such arrest, nor shall he
be denied the right to consult and be defended by a legal practitioner of his
choice…”
 Article- 33(2): “ Every person who is arrested and detained in custody shall be
produced before the nearest magistrate within a period of twenty four hours of
such arrest… and no such person shall be detained in custody beyond the said
period without the authority of a magistrate…”
 Article- 35(5): “ … No person shall be subjected to torture or to cruel, inhuman,
or degrading punishment or treatment ...”

9. Protection of Human Rights Under
International Conventions.
The United Nations has adopted a number of international treaties over times for the
protection of inherent Human Rights of every individual. Some Human Rights
instruments are:
International Convention Against Torture And Other Cruel, Inhuman Or
Degrading Treatment Or Punishment (10 December 1984):
Bangladesh ratified and become accession to this Int’. Convention on 5th Oct, 1998 for
the protection of Torture & Other Cruel, Inhuman or Degrading Treatment or Punishment.
Art. 2(1)
Each State Party shall take effective legislative, administrative, judicial or other
measures to prevent acts of torture in any territory under its jurisdiction.
Art. 2(2)
No exceptional circumstances whatsoever, whether a state of war or a threat of
war, internal political instability or any other public emergency, may be invoked
as a justification of torture.
Art. 4
(1&2)
Each State Party shall ensure that all acts of torture are offences under its criminal
law…shall make these offences punishable by appropriate penalties which take
into account their grave nature.

10. Continuing…
International Covenant on Civil and Political Rights (16 December 1966, and
Bangladesh ratified and become accession to this Int’ Covenant on Civil and Political
Rights (ICCPR) (on 6 September, 2000) only to ensure the human rights over the
citizens of Bangladesh. Some Civil and Political Rights includes.
Art 6(1)
in force from 23 March 1976)
Every human being has the inherent right to life. This right shall be protected
by law. No one shall be arbitrarily deprived of his life.
Art 7
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment…
Art 9
Everyone has the right to liberty and security of person. No one shall be
subjected to arbitrary arrest or detention. No one shall be deprived of his liberty
except on such grounds and in accordance with such procedure as are
established by law.
The right of Peaceful assembly shall be recognished. No restriction may be
Art 21 placed on exercise of this right…

11. Continuing…
International Covenant on Economic, Social and Cultural Rights (16 December
1966, and in force from 3 January 1976)
Bangladesh ratified and become accession to this Int’ Covenant on Economic, Social
and Cultural Rights (ICESCR) (5 Oct 1998) only to ensure the human rights over the
citizens of Bangladesh. Some Social and Cultural rights under this Covenant includes:
Art 1
All peoples have the right of self-determination. By virtue of that right they
freely determine their political status and freely pursue their economic, social
and cultural development.
Art 5
No restriction upon or derogation from any of the fundamental human rights
recognized or existing in any country in virtue of law, conventions, regulations
or custom shall be admitted on the pretext that the present Covenant does not
recognize such rights or that it recognizes them to a lesser extent.

12. VIOLATION OF HUMAN RIGHTS UNDER
INT’. CONVENTIONS IN BANGLADESH
The recent past 4 years of case study shows that, Bangladesh continues to
be wracked by human rights violations in divergent ways. These may be
seen Sometimes:
 By way of Mass killing and genocide.
 By way of Extra judicial killing.
 In the form of being Tortured to deaths
 By way of Grievous Injured, which sometimes tends to Permanent
disablement.
 Disappearance and
 Political violence.

13. Mass killing and Genocide at Shapla
Chattar in Matijhil on 5 May 13
 “Hefazate Islam” is a Non-Political Party.
 Their were 13 point demands.
 Although this mob of Ulema supposed to end with the
arrival of the Chief Ulema “Alama Ahmad Shafi”, he
could not arrived due to Political matter.
 At night, the attack done by the joint forces over the
innocent peace loving Ulemas.
 202 activist were deaths and around 2500 persons
missing.

14. Violation of Human Rights on
Shapla Chattar

15. Mass killing and genocide at Shapla Chattar in Matijhil on 5
May 13
 .

16. Mass killing and genocide in Bangladesh
on 28th February 2013.
 Allama Delware Hossain Sayedee.
 Has been sentenced to death for allegedly committing crimes
against humanity during the war in 1971.
 Supporters took to the streets and protested the verdict.
 Police put down the mass protest using fire arms, guns, tear
shells, charging baton .
 At Least 81 Have Been Killed, Including 4 Police Men.

17. Mass killing and genocide in Bangladesh on 28th
February 2013.

18. Genocide on the basis of Allam Delowar Hossain
Saydee

19. Extra-judicial killing and Disappearances
 On April 18, 2012, former Member of Parliament, M Ilias Ali
and his driver Ansar Ali.
 On April 4, 2012 Aminul Islam (41), a leader of the Bangladesh
garments and industrial workers federation.
 On Dec 4,2013, 7 person had been disappeared in Dhaka City.
 On April 27,2014, 7 person had been disappeared in
Narayongong City.

20. Continuing…
Violation of Human Rights were:
Article 31 of BD Constitution
….no action detrimental to the life, liberty, body, reputation or property of
any person shall be taken except in accordance with law.”
Article- 35(5) of BD Constitution
“ … No person shall be subjected to torture or to cruel, inhuman, or
degrading punishment or treatment ...”
Art. 2(1) of ICATOCIDTP
…prevent acts of torture in any territory under its jurisdiction…

21. Continuing…
Art 6(1) of the ICCPR
Every human being has the inherent right to life. This
right shall be protected by law
Art 7 of the ICCPR
No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment…
Art 21 of the ICCPR
The right of Peaceful assembly shall be recognished.
No restriction may be placed on exercise of this right…

22. Statistics on January to April
2011

23. Statistics on January to April 2012

24. CONCLUSION AND POLICY
RECOMMENDATIONS…
 Reformation of investigation committee.
 Assurance of the rights of every people.
 Ensure the security of their right to life and property.
 Implementation of law (both in domestic and international) within
the country.
 Accountability of the law enforcement agents need to be ensured.
 Proper Training should be given to the law enforcement Agents.
 Rule of Law must to established.

25. Thank you