In Defence of ASK Human Rights 2012 Working areas of ASK outside Dhaka Outreach Investigation :JH.:$:`. GSJ= Gender & Social Justice HRA= Human Rights Awareness MIA= Media & International Advocacy :CIQR .:@%`$:QJ J1`.: 1C].:I:`1 1J:=]%` %`1$`:I :J$]%` INDIA :1G:JR.: Q7]%`.: .V`]%` :Q$:QJ %J:I$:J= 7C.V Q$`: :I:C]%` :1:G$:J= V `:@QJ: 7IVJ1J$. :=.:.1 :%C01G:<:` 1`:=$:J= :G1$:J= : Q`V :J$:1C 1.Q`V$:J= :<1]%` INDIA :GJ: :`1 J$R1 `:.I:J V.VR %.: .:@: :`1: `]%` :J1@$:J= :`R .%:R 1J$R1 :J$: :=G:`1 :`:7:R .VJ:1R:. %J.1 J$:J= :`1R]%` :J= :$%`: QI1CC: .:`1R .:JR]%` ]%` .:$`:R :R:`1R ..:`1 %` VQ`V :`:1C Q]:CR :@.R INDIA :J= 1]%` VJ1 Q:@.:C1 :`1:C :J$:I: : @.1`: 1`QR :$V`.: =]%` .1:$QJ$ .:CQR @: .%CJ: : %:R @.:C1 .QC: :`$%J: :JR:`G:J Bay of BENGAL Q6 :<:` JV`VJHVQ`%I:J1$. %I 2012 Ain o Salish Kendra (ASK) PREFACE This year ASK will complete 27 years as a human rights and legal aid organization. Established during a regime which marked its reputation as an era of autocracy, ASK’s motivation was to see that rule of law and democratic norms are respected in society and citizens have access to justice not only in case of violation but also in their real life experience of day to day living. It was also a commitment on the part of ASK to see that women enjoy full dignity and security in every sphere of their life. Gradually child rights advocacy, with a particular focus on working children at home or in the market - formal or informal, occupied a significant place in ASK’s programs. ASK used to be described by one of the founder members and the first executive director of the organization Barrister Salma Sobhan as a collective. Subsequently it grew organically into an institution with 17 units providing varied but interlinked services to meet the objectives set out in ASK’s Memorandum of Association. The organization has now earned its status as a relentless frontline advocate in the area of protection and promotion of women’s and human rights. Responding to the feedback from all concerned, ASK has presented the 2012 Report in a different form than the previous ones. The report details the different strategies used by ASK over a continuum of time to promote and protect specific rights, and how it networks for greater solidarity. The chapters relate to Right to Life and Right to a Fair Trial, Right to Shelter, Worker’s Rights, Rights of Minorities, Violence against Women, In Defence of Children’s Rights. This will provide readers an understanding of the deficits in human rights in Bangladesh, ASK’s responses, the challenges faced by human rights defenders over the past years and the way forward. We hope this format will help our readers to see ASK in a broader and deeper perspective. The annex gives a summary of the activities carried out by each Unit over the year, and other information on ASK’s partners, networks and donors. I most sincerely thank my colleagues at ASK for working hard to bring the report to light. I also thank Paperplane for assisting ASK in the preparation of the Report. I will be failing in my duty if I don’t thank and express my gratitude to all the members of ASK who, at every stage, advised us to improve, correct and make the Report as perfect and reflective as possible. Special mention must be made of ASK Chairperson Dr. Hameeda Hossain who very kindly took the trouble of reading each chapter, adding modifying, and editing it to reach the final stage of publication. I thank all our donor partners for playing a very helpful role all along ASK’s journey in its efforts to reach its goal. I wish a hopeful new phase of activism for all. Sultana Kamal Executive Director Contents Right to Life and Right to a Fair Trial 1 - 5 Rights of Minorities 6 - 10 Workers' Rights 11 - 15 Right to Shelter 16 - 20 Violence Against 21 - 27 Women In Defence of Children’s Rights 28 - 35 Annex I: 36 ASK Programs & Units Annex II: 52 ASK Support System Annex III: 55 Financial Statement Annex IV: 56 ASK Members Annex V: 57 ASK Team Annex VI: 59 Sponsors of Working Children Acronyms ADR : Alternative Dispute Resolution MSP : Manobadhikar Sangrakkhan Parishad BNAD : Biddalaya Nattya Dal (School Theatre Team) MNS : Manobadhikar Nari Samaj CAT : Convention Against Torture MAP : Manobadhikar Ainjibi Parishad CBO : Community Based Organisation MIS : Management Information System CDW : Child Domestic Worker MRRU : Mediation and Rapid Response Unit CEDAW : Convention on the Elimination of All forms of NGO : Non-Governmental Organizations Discrimination Against Women. PIL : Public Interest Litigation CHT : Chittagong Hill Tracts PNGO : Partner Non-Governmental Organization CO : Community Organiser PSH : Psycho-Social Counselling CRC : Convention on the Rights of the Child PME : Planning, Monitoring and Evaluation Unit DIC : Drop-In Centres RBA : Rights Based Approach FGD : Focus Group Discussion SOL : Social Opinion Leader FIR : First Information Report TOR : Terms of Reference GD : General Diary TOT : Training of Trainers GLAF : Government Legal Aid Fund GSJ : Gender and Social Justice Unit UMNP : Union Manabadhiker Nattya Parishad HR : Human Rights UN : United Nations HRAU : Human Rights Awareness Unit UP : Union Parishad HRDF : Human Rights Defenders' Forum UNO : Upazila Nirbahi Officer HRV : Human Rights Violation UzMNP : Upazila Level Manabadhiker Nattya Parishad MIA : Media and International Advocacy Unit VAW : Violence Against Women MNP : Manobadhikar Nattya Parishad WLUML : Women Living Under Muslim Laws Glossary Fatwa: Arabic for opinion of a person knowledgeable in Shariah. In Bangladesh villages, it is decreed by people who have no legal authority. Hilla: Intervening marriage often imposed in cases where the husband -- on an impulse -- verbally divorces the wife, repents later and wants to take her back. Shalish: An informal, traditional system of mediation used to settle marital and land disputes outside the court. Shalishkar: Mediators who conduct shalish. Generally, local elected representatives, school teachers, NGO workers, religious leaders, etc. Right to Life and Right to a Fair Trial Limon, a 16 year-old student, was shot in the leg by a RAB personnel on 23 March 2011, while he was grazing his cows by a river bank in Saturia village, Rajapur thana of Jhalakathi district. He was rushed to the hospital and survived but his leg had to be amputated. In response to a question from a journalist on 11 April 2011, the Director General of RAB admitted that Limon had been shot accidentally, but subsequently RAB filed two cases against him - first for possession of arms and the second for obstructing them in their duty. His mother Henoara Begum also filed an FIR with the police accusing RAB of shooting her son. The Government formed five enquiry committees. into the shooting. The Media and International Three were formed by the Home Ministry, one by RAB Advocacy Unit filed a report on the incident with the and one by Police. None of their reports were made Special Rapporteur on Extra Judicial, Summary and public. Limon and his family had not been interviewed Arbitrary Executions on 31 October 2012. or questioned by the investigators. After delayed On 30 August, ASK Investigation Unit assisted by submission of charge sheets, numerous the Jhalakathi Human Rights Defenders’ Forum postponements of court hearings, almost a year and a (HRDF), organized a public rally in front of the Press half later, the police investigation report cleared RAB Club in protest against his harassment. On the same members on grounds of no evidence. Limon’s mother, day, a discussion meeting was organized at the on 13 August 2012, filed a Naraji (no confidence) Jhalakhati Press Club with local and national petition against the police report. On 20 August 2012, journalists, lawyers, political and social workers. The Limon and his family members were attacked and meeting emphasized the need for an impartial falsely accused by a local person reportedly a RAB investigation and a fair trial. A 21-member team from informant. Dhaka 1 visited Limon and his family members at their In 2012 ASK along with members of the Human village at Saturia, Jhalakhati. They attended the public Rights Defenders’ Forum in Jhalakathi and other rally and a discussion meeting in Jhalakathi. Various support groups continued to support Limon Hossain in political parties, student and local social organizations his fight for justice and to challenge RAB’s impunity. including CPB, Gono Sanghati Samity, Bangladesh The Litigation and Investigation Units provided legal Students Union, etc. supported Limon’s cause for aid to Limon and his family. In 2012, through press justice. Their demands were covered in print and statements ASK demanded an impartial judicial inquiry electronic media. 1. Dr. Hameeda Hossain, Chairperson, ASK, Khushi Kabir, National Coordinator, Nijera Kori, Professor M.M. Akash, CPB Leader, Professor Rahnuma Ahmed, S.M Rezaul Karim, Director and Legal Advisor, BLAST 1 400 362 Table 1: Death by Law Enforcing Agencies 300 229 180 200 175 Number of Incidents 133 91 100 100 0 Source: ASK Documentation Unit 2012 2011 2010 2009 2008 2007 2006 Limon’s case is not the only instance of arbitrary action a child was shot dead by a RAB personnel. An eye by law enforcement agencies. Several victims’ families witness reported that Momin was on a rickshaw around alleged that RAB was responsible for such incidents, 1 pm on 1 April 2012, when six or seven people but they did not file cases for fear of repercussions. As identifying themselves as RAB members surrounded in previous years, the Government failed to take the rickshaw, handcuffed Momin and two of them rode measures to investigate and prosecute members of the with him.