Reimagining the July Uprising through a transitional justice framework
The fall of authoritarian rule has left Bangladesh confronting decades of repression, violence and impunity. A truth commission may offer the nation a path to justice, reconciliation, and reform
The July 2024 uprising in Bangladesh has brought about a moment of profound change. The fall of an authoritarian regime amidst massive public protest has uncovered a painful history marked by mass violence, enforced disappearances, political repression, and a culture of impunity. Now, Bangladesh must ask itself how to confront its difficult past and build a future founded on justice, democracy, and peace.
In this context, establishing a truth commission offers a more feasible and impactful path to address past abuses, rebuild trust, and initiate meaningful reforms.
The role of a truth commission
A truth commission is a temporary, official body charged with investigating widespread human rights violations. Unlike courts, which focus on holding individuals legally responsible, truth commissions emphasise uncovering the full scope of abuses, listening to victims, and fostering national dialogue and healing. Given the deep wounds and political divisions in Bangladesh today, such an approach provides a safer and more inclusive space for collective reflection.
Keep updated, follow The Business Standard's Google news channel
Other countries have walked this path. South Africa's post-apartheid Truth and Reconciliation Commission famously showed how public testimony can spark reconciliation, even when prosecutions are limited. Tunisia and Sierra Leone similarly demonstrated how truth commissions can document abuses and recommend reforms without necessarily punishing every offender.
For Bangladesh, a truth commission could:
- Thoroughly document abuses such as disappearances, torture, extrajudicial killings, and political repression.
- Honour victims by acknowledging their suffering and giving them a platform to be heard nationwide.
- Propose practical reforms to prevent future violations, including changes to security forces, laws, and oversight bodies.
Legal duties and international support
Bangladesh is bound by international treaties like the International Covenant on Civil and Political Rights and the Convention Against Torture, which require it to investigate serious violations and prevent impunity. International human rights organisations also recognise truth commissions as a vital tool, especially in situations where prosecutions may be too politically sensitive or impractical.
Truth commissions are not "soft" justice. On the contrary, they are increasingly viewed as an essential part of transitional justice efforts worldwide, complementing legal accountability with broader social healing.
Challenges and conditions for success
The uprising exposed a deeper crisis of legitimacy in Bangladesh's institutions: courts, security agencies, and electoral bodies have lost public confidence. A truth commission could help restore this trust by operating transparently and involving victims and civil societies.
To work effectively, the commission must be:
- Independent from political influence.
- Inclusive, reflecting voices from all segments of society, especially marginalised groups.
- Empowered to recommend reparations, legal reforms, and safeguards against future abuses.
- Open to the public, through hearings and reports, to engage the whole nation.
Most importantly, the commission should be a unifying national effort, not a political tool.
Looking ahead
Some may worry that truth commissions let wrongdoers escape punishment. The goal is not to replace justice, but to prepare the ground for it. By establishing a clear historical record and identifying systemic patterns, truth commissions set the stage for future accountability.
Bangladesh stands at a pivotal moment. The path forward will be difficult, filled with political tension and doubt, but ignoring this opportunity risks deepening divisions. With a truth commission grounded in Bangladesh's realities and international standards, the country can begin a process of genuine reconciliation by honouring victims, reforming institutions, and building a democratic future free from fear.
The writer is a Legal Officer at the Bangladesh University of Professionals (BUP).
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.
