HRW criticises govt for banning AL, suppressing its supporters

Highlights 

• HRW criticises the interim government for banning the Awami League
• Draft law on enforced disappearances fails to meet global standards
• HRW urges fair trials for past abuses, not repression of supporters

Human Rights Watch (HRW) has raised concerns over recent ban of the AL and suppression of its supporters, stating that these measures risk undermining fundamental freedoms. 

In a report titled "Bangladesh: Review Laws and Protect Human Rights Standards," published yesterday (21 May) where the New York-based international organisation asserts that, instead of pursuing its pledge to reform the criminal justice system and ensure accountability for serious abuses, the government, led by Nobel laureate Muhammad Yunus, is attempting to suppress the rights of supporters of the deposed leader, Sheikh Hasina, and the Awami League party.

On 12 May, the interim government imposed a "temporary" ban on the Awami League, utilising newly introduced powers under a stringent amendment to the Anti-Terrorism Act. This ban encompasses meetings, publications, and online speech supporting the party.

Concurrently, draft legislation addressing enforced disappearances, which were prevalent under the previous government, reportedly fails to meet international standards and scarcely addresses accountability for past crimes.

Meenakshi Ganguly, deputy Asia director at Human Rights Watch, commented, "Sheikh Hasina's government abused legal powers to silence political opponents, but using similar methods against the supporters of her Awami League party would also violate those same fundamental freedoms." 

She further stated, "The draft legislation on enforced disappearances, on the other hand, does little to advance justice or provide answers for the hundreds of victims and families affected by disappearances under Hasina's rule."

"After three weeks of protests in which around 1,400 people were killed, Sheikh Hasina's government was toppled on August 5, 2024. The interim government led by Yunus pledged to restore democratic principles and respect for human rights before holding a free and fair general election. The new government has taken several positive steps, but these recent measures are disappointing," the report said. 

Following the announcement of the suspension, the Election Commission revoked the Awami League's registration. 

These actions were taken after the interim government's ordinance amending the International Crimes (Tribunals) Act, 1973, granting the Tribunal broad powers to prosecute and dismantle political organisations. The new provision expansively defines "organisation" to include any political party or affiliated group, or individuals deemed to propagate or support their activities. 

HRW warns that such broadly drafted powers could contravene international standards of due process and freedom of association.

HRW acknowledges the establishment of a commission of inquiry on 27 August 2024 to investigate enforced disappearances committed under Hasina's rule. The commission's preliminary report recorded 1,676 complaints, with approximately 200 victims' whereabouts remaining unknown. 

It described the "systematic design" of enforced disappearances, primarily targeting political opponents, and uncovered evidence of torture and inhumane conditions at secret detention sites operated by Bangladeshi security agencies.

However, HRW criticises the proposed legislation on enforced disappearances, stating that it does not mention any role for the commission's findings and excludes enforced disappearances committed in a "widespread" or "systematic" manner, leaving them to the jurisdiction of Bangladesh's under-resourced and controversial International Crimes Tribunal. 

The organisation also highlights concerns over the lack of provisions to ensure the independence of the proposed National Commission on the Prevention and Remedy of Enforced Disappearances.

HRW urges the interim government to reverse actions that suppress the rights of Awami League members and supporters and to focus on prosecuting members of the former government accused of crimes based on credible evidence. 

The organisation emphasises the importance of refraining from politically motivated pretrial detentions and ensuring that such detentions remain the exception, only when necessary in individual cases.

Ganguly concluded, "There is widespread anger against the Awami League for the many abuses committed during Hasina's rule, but stripping supporters of opposition parties of their rights isn't a way forward. Instead, the interim government should ensure progress on revealing what happened to the disappeared and holding perpetrators accountable through fair trials."