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| Title | USCIRF Annual Report 2008 - Bangladesh |
| Publisher | United States Commission on International Religious Freedom |
| Country | Bangladesh |
| Publication Date | 1 May 2008 |
| Cite as | United States Commission on International Religious Freedom, USCIRF Annual Report 2008 - Bangladesh, 1 May 2008, available at: http://www.unhcr.org/refworld/docid/4855699cc.html [accessed 27 May 2012] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Since the declaration of a state of emergency in January 2007, Bangladesh has been in the throes of a political and constitutional crisis, the resolution of which will determine whether religious freedom and other universal human rights will be protected by democratic institutions and the rule of law, or whether the country will continue on a downward spiral toward authoritarianism, militarization, and intolerance. Since January 2007, previously scheduled national elections have been postponed, political freedoms severely curtailed, and human rights abused with impunity by the security forces. These deviations from democratic norms under the current "caretaker government" raise troubling questions about the future prospects for respect for a range of freedoms, including potentially freedom of religion or belief. The Commission placed Bangladesh on its Watch List in 2005 due to a number of concerns, some of which have increased in severity in the past year:
These concerns led the Commission to visit Bangladesh in February – March 2006 and to hold a public forum on Bangladesh the following October. Although the political context has been altered considerably with respect to the ongoing suspension of democracy, the Commission finds that religious freedom remains under threat in Bangladesh. If left unchecked, current trends toward greater intolerance and religiously-motivated violence, particularly toward Hindus, non-Muslim tribal residents, Ahmadis, and Christians, could further undermine human rights protections for all Bangladeshis. Accordingly, the Commission continues to place Bangladesh on its Watch List.
Between 1991 and January 2007, notwithstanding difficult economic conditions, pervasive corruption, and devastating natural disasters, Bangladesh had a representative government, regular changes of power through free elections, a judiciary that sometimes ruled against those in authority, a lively press often critical of government policies, active participation of women in the workplace, and a functioning civil society with active human rights groups, women's organizations, and numerous NGOs. However, democratically-elected governments in office since 1991 left untouched and, in some cases, supported overtly Islamic elements introduced in the constitution by previous military regimes, including the establishment of Islam as Bangladesh's official religion, as described below.
Following independence from Pakistan in 1971, Bangladesh was established as a secular state in which national identity was based on Bengali language and culture. The 1972 constitution contained strongly-worded guarantees for freedom of religious belief and practice, as well as equal treatment by the government for citizens regardless of religious affiliation. Subsequent military regimes amended the constitution, however, to introduce Islamic elements, including the affirmation that "absolute trust and faith in Allah" is to "be the basis for all actions" by the government. Although not judicially enforceable, this change in the constitution has been cited by minority rights advocates as diminishing the status of non-Muslims as equal members of Bangladeshi society. Islam was made Bangladesh's state religion in 1988 under the military dictatorship of H.M. Ershad.
Aided by the expansion of Islamic schools (madrassas), charities, and other social welfare institutions, many of which receive foreign funding with varying degrees of government oversight, Islamist activists have gained significantly in political, economic, and social influence in Bangladesh in recent years. Since independence, those associated with Islamist political parties seeking to replace secular law with sharia (Islamic law) have generally been outside the political mainstream because of their support for Pakistan in Bangladesh's 1971 war for independence. In the 2001 national elections, Islamist political parties, including the now-prominent Jamaat-e-Islami, were courted by and subsequently supported the center-right Bangladesh Nationalist Party (BNP). Members of Jamaat allegedly then used their positions in the BNP-led government to deny funding to or otherwise disadvantage groups viewed as opposing the Islamist political and social agenda championed by Jamaat. Although some of those who call for a more Islamist Bangladesh engaged in peaceful political and social activities, others adopted a more violent approach towards perceived opponents of Islam.
The 2001 elections occasioned the most serious episode of anti-minority violence since independence, with killings, sexual assaults, illegal land-seizures, arson, extortion, and intimidation of religious minority group members, particularly Hindus, because of their perceived allegiance to the Awami League. The new BNP-led government essentially denied the scope of these abuses and few perpetrators were brought to justice.
This lack of accountability for anti-minority violence associated with the 2001 election led the Commission, minority advocates, and many others to be concerned that Bangladesh's next national elections would also result in anti-minority violence. Some individuals with whom the Commission met during the February – March 2006 visit to Bangladesh were themselves experiencing difficulties in becoming registered. Others claimed that locations dominated by minority voters had not been visited by registration officials or, on the other hand, alleged that non-citizens believed to favor Islamist parties were being registered. Widespread concerns regarding the registration process were underscored by a U.S. National Democratic Institute study that found 13 million more individuals on the voter rolls than would be eligible according to Bangladesh's census.
On January 11, 2007, threats by the main opposition party to boycott the national elections, alongside the ongoing controversy over voter registration and the impartiality of the electoral process, prompted the caretaker government to declare emergency rule and indefinitely suspend the national elections that were scheduled for later in the month. President Iajuddin Ahmed resigned, under opposition pressure, from his controversial position as Chief Advisor to the caretaker government charged with administering the country during the national election period. Under the supervision of Chief of Staff Moeen U Ahmed, the military was given sanction to enforce emergency rule, which included the suspension of the freedoms of speech and assembly, and due process, among other rights. Fakhruddin Ahmed (no relation), the head of the current caretaker government and a former World Bank official, has publicly declared his intention to hold "free, fair, and participatory" elections "within the shortest possible time," pending correction of deficiencies in the electoral process, including the voter rolls.
Although the caretaker government has undertaken some needed measures, such as the January 2007 separation of the judiciary from the executive branch and the March 2008 decision to provide mobile phone coverage to the Chittagong Hill Tracts, home to many non-Bengali indigenous tribal groups, these actions also signal the tendency of the caretaker government to take actions well beyond its role of facilitating the resumption of democracy. More importantly, despite the caretaker government's repeated public promises to uphold human rights, there have been numerous reports detailing serious human rights abuses, including suspected extrajudicial killings by the security forces, arbitrary detentions, torture, curbs on press freedom, and violations of the right of due process. Many of the reported abuses have been associated with the high-profile anti-corruption campaign spearheaded by the military and the Anti-Corruption Commission, which have arrested thousands of individuals since January 2007, many of whom have been detained in harsh conditions without due process. Current detainees include former Prime Ministers Sheikh Hasina and Khaleda Zia, as well as other senior members of both parties. Sheikh Hasina, current leader of the Awami League, has been incarcerated since July 2007 on charges of extortion, and Khaleda Zia, current leader of the BNP, has been jailed since September 2007 on accusations of graft.
The role of the military under the current caretaker government raises questions about the future of democracy, rule of law, and respect for human rights in Bangladesh. These institutions, important guarantors for religious freedom, could be further eroded if the country's caretaker government prolongs its tenure in office by impeding efforts to prepare for the free and fair election of a national government truly representative of the popular will, such as by refusing to lift the state of emergency. The Election Commission, a non-governmental entity charged with organizing voter registration, has maintained since April 2007 that emergency restrictions on the freedom of political assembly seriously hinder the preparation of new voter rolls. Party leaders expressed concern in March 2008 that the Election Commission was unable to meet its internal deadlines for voter registration due to these constraints, raising doubts over the legitimacy of the proposed election timetable. Elections are currently scheduled to occur at the end of 2008. On the positive side, unlike the anti-minority violence surrounding the 2001 national elections, the political turmoil that led to the postponement of the January 2007 elections has not resulted in widespread anti-minority, particularly anti-Hindu, attacks.
Bangladesh's high levels of political violence and instability have provided opportunities for religious and other extremist groups to expand their influence. Due to a weak legal system and corrupt law enforcement, gangs employed by politicians and armed groups of Islamist or freelance vigilantes have engaged in criminal activities, particularly in rural areas, with relative impunity. Authors, journalists, and academics expressing opinions allegedly offensive to certain interpretations of Islam are subject to violent, sometimes fatal, attacks. Extremists oppose NGOs that promote the economic betterment of women and protection of women's rights. Some such organizations have been bombed, presumably by these extremists.
Since the onset of the state of the emergency, Islamist groups have risen in political prominence and public visibility. In September 2007, restrictions on assembly under the emergency rules were apparently waived to allow Jamaat and other Islamist group supporters to burn effigies and stage widespread public protests against the publication of a newspaper cartoon they believed mocked an element of Bangladeshi Islamic culture. The newspaper Prothom Alo was pressured into firing a deputy editor, and the cartoonist, Arifur Rahman, was jailed without charge until his March 2008 release, following a global campaign by human rights and legal activists. In March 2008, restrictions on assembly were again lifted to allow protests by Islamic groups against a policy proposed by a consortium of women's organizations to strengthen the constitutional provision for the equal rights of women.
Bangladesh has the unusual distinction of having its two major parties, the BNP and the Awami League, led by women, both whom have served as Prime Minister, yet religious extremism, mostly among Muslims, victimizes Bangladeshi women of all faiths. Some Muslim clerics, especially in rural areas, have sanctioned vigilante punishments against women for alleged moral transgressions. Rape is also reportedly a common form of anti-minority violence, and incidents regarding Hindu women were reported in 2007. The government commonly fails to punish the perpetrators of these acts against women, since the law enforcement and the judicial systems, especially at the local level, are vulnerable to corruption, intimidation, and political interference.
Politically-motivated bombings, assassinations, and other terrorist acts, often ascribed to Islamist militants, have exacerbated partisan tensions and increased the vulnerability of minority communities. In August 2004 and January 2005, such attacks resulted in the deaths of prominent opposition political figures. In February 2005, the government banned two militant groups implicated in a series of bomb attacks on NGOs. Militants have been blamed for a coordinated wave of almost simultaneous bomb attacks, numbering in the hundreds, carried out in all but one of Bangladesh's 64 districts on August 17, 2005. Militants were also implicated in a series of bomb attacks on Bangladesh's judiciary in October-November 2005. Among the victims was one of the country's few judges from a religious minority community, a Hindu. The bomb attacks were accompanied by militant demands to substitute sharia law for Bangladesh's current system of secular jurisprudence, and by threats against courts and judges who do not apply sharia. The then-government of Prime Minister Khaleda Zia responded with a campaign of arrests of militants suspected of involvement in the bombings and in other violent incidents. As a result of arrests made during this campaign, more than 30 suspected militants were detained and later sentenced to death. In March 2007, six members of the Islamist militant group Jamaat-ul-Mujahideen Bangladesh (JMB), including JMB leader Sheikh Abdur Rahman and notorious Islamist vigilante Siddiqul Islam, better known as "Bangla Bhai," were executed for their involvement in bombings that took place in 2005.
Despite constitutional protections, Hindus and other non-Muslims in Bangladesh face societal discrimination and are disadvantaged in access to jobs in the government, armed forces, and police, as well as public services and the legal system. Religious minorities are also underrepresented in elected political offices, including the national parliament. Minority group advocates claim that religion plays a role in property and land disputes, pointing to expropriations of Hindu property since the Pakistan era and the gradual displacement of non-Muslim tribal populations by Bengali Muslims in the Chittagong Hill Tracts and other traditionally indigenous areas. Such disputes occasionally result in violence.
The Commission was told on its visit to Bangladesh that Hindus have left the country in large numbers in recent decades because of the atmosphere of uncertainty and fear under which religious minorities must live. Hindus, Christians, and representatives of other minority religious communities continue to express concerns regarding the safety of their co-religionists, citing the growth in Islamist radicalism and instances of violence, including fatalities, in which the victims' religious affiliation or activities may have been factors. In June 2005, there were arson or bombing attacks against Ahmadi mosques in three locations. In July 2005, two Bangladeshis working for a Christian NGO were murdered, allegedly for showing a film depicting the life of Jesus. There are also occasional reports of violence by members of the majority religious community against individuals who convert from Islam to Christianity
In addition to incidents of violence, the Vested Property Act (VPA), a pre-independence law enacted in 1965 in the wake of the India-Pakistan war, continues to be used as justification by some Muslims to seize Hindu-owned land. The 2007 report of the prominent Bangladeshi human rights organization Ain O Salish Kendra (ASK) stated that in 2006 there were 54 seizures by Muslim individuals of Hindu-owned land and 43 attacks against Hindu temples by Muslims. The VPA's implicit presumption that Hindus do not really belong in Bangladesh contributes to the perception that Hindu-owned property can be seized with impunity.
The most serious and sustained conflict along ethnic and religious lines has been in the Chittagong Hill Tracts, located on Bangladesh's eastern border with India and Burma. The varied but wholly non-Bengali/non-Muslim indigenous peoples in this formerly autonomous area (often referred to collectively as Adivasis or Paharis) had opposed inclusion in East Pakistan during the partition of 1947, due to their identification with other tribal groups in northeast India. After Bangladesh won its independence in 1971, Bangladeshi authorities ignored appeals for restoring local autonomy in the Hill Tracts and indeed promoted an acceleration in Bengali settlement. The resulting armed indigenous people's insurgency ended in December 1997 with the signing of the Chittagong Hill Tracts Peace Accords. Resentment remains strong, however, over settler encroachment, human rights abuses by the Bangladeshi military, and the slow pace of the government's implementation of the peace agreement. Muslim Bengalis, once a tiny minority in the Chittagong Hill Tracts, now reportedly equal or outnumber members of indigenous groups. In 2007, Bangladesh human rights organizations reported a surge in Bengali settlements on tribal land in the Chittagong Hill Tracts.
Islamist extremists in Bangladesh have also engaged in a public campaign against the Ahmadi community, which is viewed as heretical by many Muslims. The Ahmadis, also referred to as Ahmadiyya, are estimated to number about 100,000 in a population of 150 million. Anti-Ahmadi demonstrators have called on the government of Bangladesh to declare Ahmadis to be "non-Muslims," as was done in Pakistan, and subsequently used in Pakistan to justify a range of legal limitations on the Ahmadi community and individual Ahmadis. The demonstrators have also called for curbs on Ahmadi missionary activity to the broader Muslim community. Although Bangladesh has thus far refused to declare Ahmadis to be non-Muslims, in January 2004, the then BNP-led government bent to militant pressure and banned the publication and distribution of Ahmadi religious literature. Police seized Ahmadi publications on a few occasions. The ban was stayed by the courts in December 2004, with further legal action still pending. Although the ban is not currently being enforced, it was not withdrawn by the BNP-led government before leaving office in October 2006, or by the subsequent caretaker government.
Anti-Ahmadi activists object to Ahmadi houses of worship being called "mosques" and on a number of occasions have organized mass demonstrations in order to occupy or attempt to occupy the sites. In several instances, anti-Ahmadi activists have forcibly replaced signs identifying Ahmadi places of worship as mosques, putting in their place anti-Ahmadi signs warning Muslims away, sometimes with the assistance of the police. In some instances, the anti-Ahmadi agitation has also been accompanied by mob violence in which Ahmadi homes have been destroyed and Ahmadis held against their will and pressured to recant. Although the campaign against the Ahmadis has continued, the violence has diminished due to improved and more vigorous police protection. In February 2007, Ahmadis in Brahmanbaria were able to hold a major convention, which they had been unable to do for over a decade because of hostility from anti-Ahmadi militants.
The Commission visited Bangladesh February 26 – March 2, 2006 at the invitation of the government of Bangladesh. The Commission delegation met with a broad range of individuals, including government officials, political leaders, human rights monitors, journalists, women's rights advocates, Muslim religious leaders, leading members of the Ahmadi, Hindu, Buddhist, and Christian communities, and civil society representatives. The government of Bangladesh received the delegation at a high level, including individual meetings with four members of the Cabinet: the Foreign Minister; the Minister for Law, Justice, and Parliamentary Affairs; the Minister of Education; and the Minister of Industries, who heads Jamaat-e-Islami Bangladesh. The delegation also met with the Minister of State for Religious Affairs and with the Secretary for Home Affairs, whose responsibilities include law enforcement.
The Commission also has met on a number of occasions during the past year with human rights monitors, representatives of religious communities, Bangladeshi diplomats, and others to discuss religious freedom in Bangladesh. In October 2006, with the participation of the International Republican Institute and the National Democratic Institute for International Affairs, the Commission held a public forum in Washington, D.C. on the topic "The Bangladesh Elections: Promoting Democracy and Protecting Rights in a Muslim-majority Country." Coincident with the forum, the Commission issued a Policy Focus on Bangladesh that included several policy recommendations. In April 2004, the Commission, together with Congressman Joseph Crowley, a member of the House Committee on International Relations, held a public hearing in Flushing, New York, on "Bangladesh: Protecting the Human Rights of Thought, Conscience, and Religion."
With regard to Bangladesh, the Commission makes the following recommendations.
I. Urgent Measures to Prevent Anti-Minority Violence in the Upcoming Elections
In light of Bangladesh's upcoming national elections, currently scheduled for December 2008, the Commission recommends that the U.S. government should:
II. Urgent Measures to Protect Those Threatened by Religious Extremism
The Commission recommends that the U.S. government should urge the government of Bangladesh to:
III. Urgent Measures to Condemn the State of Emergency
The Commission recommends that the U.S. government should call on Bangladeshi authorities, particularly the caretaker government and the military, to:
IV. Longer-Term Measures to Protect Universal Human Rights
The Commission recommends that the U.S. government should urge the government of Bangladesh to:
V. U.S. Assistance to Promote Human Rights, Including Freedom of Religion or Belief
The Commission recommends that the U.S. government should:
Topics: Indigenous persons, Hindu, Religious minorities, Religious discrimination, Opposition, Rule of law, Muslim, State of emergency, Freedom of religion,