n° 421/2 June 2005 International Federation for Human Rights Report International Fact Finding Mission Speaking out Makes of You a Target Human Rights Defenders and Journalists at Risk Grave Violations of Freedom of Expression and Association in Bangladesh Introduction . 4 I. History and Politics of Bangladesh . 5 II. Freedom of expression . 7 III. Freedom of association1 . 17 IV. Conclusions and Recommendations . 24 Annex 1: Persons Met by the Delegation, Bangladesh 2004 . 26 Annex 2: Follow up Mission to Bangladesh, 25-28 September 2005. 27 1. This section of the report takes place in the framework of the joint programme of FIDH and OMCT, the Observatory for the Protection of Human Rights Defenders. Speaking out Makes of You a Target Human Rights Defenders and Journalists at Risk Summary Introduction. 4 I. History and Politics of Bangladesh . 5 II. Freedom of expression . 7 1. International legal framework . 8 2. Legislative texts pertaining to freedom of expression and of information, or used to limit it . 8 3. The situation of journalists. 11 a. General pattern of repression . 11 b. Using the financial leverage against the media. 15 4. Intimidations and threats faced by academics . 16 III. Freedom of association1 . 17 1. General remarks . 17 2. Legal framework for NGO activities . 17 3. Current situation of NGOs . 19 a. PROSHIKA. 19 b. PRIP Trust . 21 c. IVS. 22 d. ADAB. 22 e. NGOs active on the rights of minorities . 22 IV. Conclusions and Recommendations. 24 Annex 1: Persons Met by the Delegation, Bangladesh 2004. 26 Annex 2: Follow up Mission to Bangladesh, 25-28 September 2005 . 27 1. This section of the report takes place in the framework of the joint programme of FIDH and OMCT, the Observatory for the Protection of Human Rights Defenders. FIDH / PAGE 3 Speaking out Makes of You a Target Human Rights Defenders and Journalists at Risk Introduction Alerted by reports from various NGOs in Bangladesh, the FIDH decided to send an international fact-finding mission in Bangladesh in order to investigate the situation of freedom of expression and association in Bangladesh. The mission was composed of two representatives: Mrs. Cynthia Gabriel, Deputy Secretary General of FIDH and Executive Director of Suaram (Malaysia); and Dr. Anne-Christine Habbard (France). The mission took place from 9 to 18 December 2004, and stayed in Dhaka. Requests for meetings were sent to a number of authorities; the requests were addressed to the authorities in conformity with a well-established practice of the FIDH, through the FIDH member organization in Bangladesh, Odhikar; the letters were notably sent to Mr. Lutfozzaman Babar, State Minister for Home Affairs; Mr. Omar Faruque, Home Secretary; Mr. Abdul Mannan Bhuyan, Minister for Local Government; and Mr. A. F. Hassan Ariff, Attorney General for Bangladesh. Among those authorities, only Mr. Hassan Ariff, Attorney General, accepted to meet with the FIDH Delegation. The others authorities were mobilized by the organization of the SAARC summit (which eventually did not take place due to diplomatic reasons). The mission also met with a number of representatives of NGOs, journalists, etc. (see annex 1). Some of those meetings were also organized by Odhikar. The FIDH would like to thank all the persons met by the mission, as well as Dr. Hameeda Hossain and Mrs. Sultana Kamal from ASK, and Mrs. Aroma Dutta from PRIP Trust. The present report only reflects the views of the FIDH and the Observatory. The scope of this report is mainly on NGOs and journalists, and does not cover the situation of trade unions and political parties. FIDH / PAGE 4 Speaking out Makes of You a Target Human Rights Defenders and Journalists at Risk I. History and Politics of Bangladesh Bangladesh has a rich and vast history. Portuguese traders The government formed by the Awami League set up a arrived in Bangladesh in the late 15th century. The Dutch, Constituent Assembly with the parliament members of the French, and British East India Company followed soon after. then Pakistan National and Provincial Assembly, who were Britain’s political and economic influence grew significantly elected from the then East Pakistan. In 1972 a Constitution and in 1859, the British Crown replaced the East India for Bangladesh came into being by this Constituent Assembly. Company. The state of Bengal (at present Bangladesh and The Awami League recorded a victory in the first West Bengal, Bihar and Orissa of India) was an independent Parliamentary elections in 1973, the credibility of which was state till the British East India Company imposed its colonial challenged by the opposition parties. The Awami League at occupation after the battle of Palassy in 1757. In 1857, the that time was the main party with broad appeal and ability to British Crown replaced the East India Company after the espouse the struggle for a new and independent nation. defeat of the first insurrection for independence, which was Hardly a year into government, Sheikh Mujibur Rahman3, brutally suppressed by the Company army. declared a state of emergency. A para-military force called ‘Jatio Rakkhi Bahini’ was formed and about 30,000 (thirty In the century that followed, there was a wave of nations thousand) supporters of leftist parties were extra-judicially seeking independence from their colonial masters and India killed. The Constitution was amended on 25 January 1975 was among those leading pro independence movements. In (known as 4th amendment of the Constitution) to limit the the late 19th century and early 20th century, the local people powers of the legislative and judicial systems, and all existing succeeded in getting more independence. political parties were dissolved. At the core of the struggle was the Indian National Congress.2 Implementation of promised political reforms was slow, and The Muslims in India then formed the All India Muslim League Mujib was increasingly criticized. On 15 August 1975, Mujib in 1906. The idea of a separate Muslim state emerged in the along with his family members except two daughters (who 1930s, during discussions for an independent India. were abroad at that time) was killed in a coup organized by a group of mid-level army officers, a new government, headed On 23 March 1940, Muhammad Ali JINNAH leader of the by a former minister of Mujib, Khandakar Moshtaque, was Muslim League publicly endorsed the creation of a Muslim formed and Martial Law was declared. Successive military state and affirmed the independence granted to two separate coups occurred on November 3rd (four top Awami League countries India and Pakistan. Divided by religion, areas leaders were killed during this time at Dhaka Central Jail) and populated in majority with Muslims were designated as November 7, resulting in the emergence of Army Chief of Staff Pakistan, which included four provinces in the west and one Gen. Ziaur Rahman (Zia), as strongman. He pledged the in the east. East and West Pakistan were separated by more army’s support to the civilian government headed by the than 1600 miles of Indian soil. President, Chief Justice Sayem. Acting at Zia’s behest, Sayem then promulgated martial law, naming himself Chief Martial This division apparently became more tense as the years Law Administrator (CMLA). went on. Much focus was on west Pakistan, and the east was clearly neglected from a political and socio-economic point of Ziaur Rahman was elected for a 5-year term as president in view. Frictions culminated between east and west Pakistan in 1978. His government removed the remaining restrictions on an army crackdown on 25 March 1971. Independence was political parties and encouraged opposition parties to declared by East Pakistan on 26 March 1971 and the war of participate in the pending parliamentary elections. In 1979, liberation started. The ensuing war was one of the shortest Ziaur Rahman removed secularism and socialism from the and bloodiest of modern times; 10 million people, irrespective Constitution and inserted “total and absolute faith in Allah”; in of religion, out of 75 million, crossed the border to India, 1978, he also allowed Golam Azam, a leader of the Islamic which is an unprecedented exodus. The Joint command of the party Jamaat-e-Islami in East Pakistan, to come back to Bangladesh Freedom Fighters and Indian Army defeated the Bangladesh4. More than 30 parties participated in the Pakistan army in occupied Bangladesh, which resulted in the parliamentary elections of February 1979, but Zia’s surrendering of the Pakistani Army at Dhaka on 16 December Bangladesh Nationalist Party (BNP) won 207 of the 300 1971, setting the stage for the new country called Bangladesh. elected seats. FIDH / PAGE 5 Speaking out Makes of You a Target Human Rights Defenders and Journalists at Risk In May 1981, Zia was assassinated. The Vice-President Justice approved changes to the Constitution, formally creating a Abdus Satter took over as Acting President and a Presidential parliamentary system and returning governing power to the election was held where he was elected President. The then office of the Prime Minister, as in Bangladesh’s original Army Chief of Staff, Lt. Gen. H.M. Ershad took over the reins of Constitution. In October 1991, members of Parliament power in a bloodless coup in March 1982. He acted to dissolve elected a new head of state, President Abdur Rahman Biswas. Parliament, declared martial law, suspended the Constitution, and banned all political activity. Ershad reaffirmed In 1994, opposition leaders resigned en masse and initiated Bangladesh’s moderate, non-aligned foreign policy. In a joint movement led by Awami League, Jamaat e Islami (JI) December 1983, he assumed the presidency. and Jatiyo Party to unseat Khaleda Zia’s regime. President Abdur Rahman Biswas dissolved the Parliament in November Over the ensuing months, Ershad sought a formula for 1995 and an election was held on 15 February 1996 which elections to legitimise his position.