GHRD's Human Rights Blog

Minority Chakma’s in India: “We are victims of constant human rights violations.”

2011-08-25T16:17:00.003+02:00

As one of the tribes of the Jumma People, the Indigenous Peoples of Bangladesh, those who belong to the Chakma ethnicity are constant victims of abuses and racial discrimination, and have been for the past 40 years. The Jumma People have inhabited the Chittagong Hill Tracts for centuries but, following the partition of India in 1947, various governments have extensively and severely oppressed the minorities.

In 1964, about 35,000 Chakmas fled to India, mainly to the state of Arunachal Pradesh. Nowadays there are 64,000 of them living in those territories. The central government of India had issued valid migration certificates indicating legal entry into India and the government’s willingness to accept the Chakmas as future citizens. However, today the Chakmas remain stateless.

Up until 1980, the Chakmas in Arunachal Pradesh enjoyed all the rights, freedoms and facilities accorded to the fellow local tribes but, as the anti-foreigner movement swept the North East, in 1991, the Arunachal Pradesh Government withdrew these rights. Since then the Chakmas have been fighting for citizenship rights under the leadership of the Committee for Citizenship Rights of the Chakmas of Arunachal Pradesh (CCRCAP). Their situation continues to deteriorate.

We have interviewed a group of 40 boys that for the past two years have been given the chance to study in a private school in Bihar, the Alice Project Education School. After reading their answers, we felt we couldn’t sum them up. We copy them literally, in order not to modify the boys’ original voice.

When the Chakma came from Bangladesh to India as refugees:

1. At first, in the former the Chakma used to stay at Bangladesh. In 1964 the Chakma escaped from Bangladesh. Some stayed at Tripura, some at Mizoram and some escaped to Arunachal Pradesh. They are facing problem in the following reasons:

2. Still we did not get the citizenship. Somebody got but not all because they need document. We even don’t have the right to vote.

3. We did not get any sanition facilities like electricity supply, water supply and other facilities.

4. We did not have proper education, governmental school, good health care centre and public health care centre. We did not have enough land, enough house and enough hospitals. The boys are regretting for good education and teaching. They don’t give any job.

5. In my village the boys are facing problems because there is no good school. There is only one governmental school there. The teachers of that school do not teach properly. From another school the tribal people, I mean the local people, led the Chakma students out from class 1st till 10th. Now those students want to study but they can’t. Now they are wandering here end there. The tribal people do whatever they want. We don’t have any authority. If any facility comes from the government in our village, the local people take those facilities and they don’t give it to the village.

6. They faced lot of problems and they give lots of trouble. Sometimes they burnt the houses. The people can’t escape or save anything. Sometimes the terrorists, who are from other tribes, came to the village and demanded for money. They go to the head of the village and they asked for money. They threatened people not to inform about those things to the police or to military, otherwise we will abolish you all. One day the terrorists came to my grandfather’s house and looted his shop. They took away everything they found. The villagers don’t want to be crabbed against others out of fear. If it’s real, even then they don’t want to be crabbed against the other tribes.

7. Last year a dangerous thing happened because of the land. Since the Chakma came from Bangladesh and took shelter in that place, they settled there and started to do agriculture in that place. When the other tribes came to know about that place that it was very good for agriculture, they also wanted to take that land. They started to claim our places as their own. The Chakma refused to give those lands because they had settled there after fleeing from Bangladesh and had no other shelter. So one day the other tribal came in a car with gun and knife to fight. That time the Chakma people became united and faced the problem. When the other tribal came to know about this they went away. But still they use to come and claim for those lands.

Indigenous recognition still lacking in Bangladesh

2011-08-09T15:49:00.003+02:00

Special Announcement: International Day of the World’s Indigenous Peoples

Indigenous recognition still lacking in Bangladesh

On this, the International Day of the World's Indigenous Peoples, Global Human Rights Defence (GHRD) would like to remind everyone that many Indigenous communities around the world remain unrecognized and unprotected by their governments. In Bangladesh, indigenous Jumma communities continue to fight for recognition of their indigenous status in the national constitution and experience human rights abuses on a daily basis without protection from their government.

Recently, government representatives have proclaimed that ethnic minorities in Bangladesh, particularly the Jumma living in the Chittagong Hill Tracts are “not indigenous” but are rather to be considered as “tribal groups”. The Government went even further and stated that Bangladesh does not have an indigenous population within its borders.
This argument is used to avoid responsibility and defer the focus from their suffering. The unwillingness to recognise indigenous peoples is a commonly used mechanism of Governments to deny their rights and dismiss international scrutiny.

In reaction to this, indigenous peoples, academics and rights groups have recently protested in Dhaka, denouncing these statements and demanding their recognition in the constitution of Bangladesh.

GHRD, along with many international human rights organizations, rejects these statements and maintain that the Jumma clearly meet the available criteria to identify indigenous peoples, they have close link to natural resources, a distinct social, economic and political system, a distinct language and culture, and particularly the most crucial element: self-identification.

On this day, we wish to emphasise the responsibility of all governments and of the Bangladeshi in particular, to protect its indigenous population from destruction, and to provide its vulnerable communities with special protection. The rightful recognition of indigenous status, as well as constitutional protection is one clear and strong indicator of such commitment.

GHRD, The Hague, The Netherlands
9 August, 2011

Dealing with a Burning Issue

2011-06-06T13:13:00.000+02:00

Naila Furath was on her way home from school, in Pakistan. She was only 13 years old when she was burnt by an acid attack. Two young men (Irshad Hussein, and Furath`s science teacher: Mazhar Hussein) ambushed the girl and threw a cup of acid-like liquid in her face, which disfigured her for life. Naila`s ‘crime’ was to have refused a man, and to have dishonoured him for rejecting his interest in her. The man punished her by perpetrating an acid attack to avenge his pride. These types of stories are extremely common in Pakistan and are often crimes committed against women, but perhaps now something can be changed due to the recent implementation of a new law on May 11th 2011. Members of the Pakistani Parliament were unanimous in their approval of the legislation.

The Bill in question is called “The Acid Control and Acid Crime Prevention Bill 2010,” (which has become an Act under the aegis of the ‘Code of Criminal Procedure (Amendment) Act, 2011) which stipulates a minimum of 14 years with a maximum of life imprisonment, and a fine of more than 12.000 Euros for those charged with these types of offences. It is important to note that these types of provisions are crucial in paving the way for the abolition of this type of violent assault. Acid throwing attacks disfigure around 200 women a year.

Naila had the courage and determination to let her voice be heard: Hussein has recently been fined 10.000 Euros and her case was brought before the Supreme Court of Pakistan. This particular case was taken into account in order to raise the consciousness of Pakistani lawmakers about the need for specific legislation to punish perpetrators committing acid attacks.

We do have wait and see what type of effect this will have on Pakistani society; whether they continue to perceive acid attacks as an integrated part of their culture or, acknowledge the bill as a legislative tool that can really alter Pakistan’s global image! Lastly, we have to assess whether the Bill will be put into practice as opposed to just being written in theory, but at least we can assure ourselves of the fact that the legislation has now been approved and that citizens are obliged to respect the law. Is Pakistan evolving, only time will tell!

If you would like to find more information on the new law, please click on the link below: http://www.na.gov.pk/private_bills/pvt_bill2010/acid_control_act2010_260110.pdf

Virgina Pierfelice ©

Killing in the Name of...

2011-05-18T12:31:00.004+02:00

Osama Bin Laden, the “most-wanted” person by USA, was killed by American forces in his residence of Abbottabad, Pakistan.

Early this year and also in Pakistan, another not so well known fact took place: the Governor of Punjab (Pakistan), Salman Taseer, was assassinated by his bodyguard who objected to his attempts to repeal the blasphemy law, an arbitrary and controversial law that persecutes those who in any way insult the prophet Muhammad. The law is most often used as a tool to persecute religious and other minorities.

There are several obvious differences between these two deaths but there is one common factor we can observe from these killings: they were celebrated by many different groups from different corners of the globe, and many treated the perpetrators of these killings as heroes – in the USA, the killing of Osama was seen as a victory for the war on terror and in Pakistan, the death of Salman Tasseer was viewed as a victory for Muslim extremists.

The right to life and the right to fair trial are human rights which should be respected and upheld. Regardless of the fact that OBL allegedly killed many persons, the man should still have his right to a fair trial preserved, something that was denied him. Despite the circumstances, human rights must remain inviolable.

By celebrating a murder of these two persons, society has emphasized its total disregard for the human rights precepts that apparently govern our society.

By Julia Rodero Castro

From the Himalayas to Limburg, in search of peace and happiness.

2010-08-20T15:14:00.004+02:00

Bhutan is portrayed as a peaceful country, where ‘gross national happiness’ is the government’s top priority. However, starting in the early 90s, over 100,000 Bhutanese citizens, mainly Hindu and Nepalese speaking minorities were driven from Bhutan at gun point, and warned that attempts to return would be met with lethal force. Most of them have been living as refugees in U.N.-administered camps in Nepal ever since, denied a future and the most basic human rights. In 2007, the UN refugee agency (UNHCR) launched a resettlement programme, allowing Bhutanese refugees to resettle in various countries. Photo: Peter de Ruiter

The Netherlands receives 500 refugees from various countries each year, and approximately 250 Bhutanese are currently resettled throughout the country, from Friesland in the North, to the South of Limburg. Leaving many of the hardships behind them, new challenges await in adapting to a new culture, learning the Dutch language and eventually find work. The health facilities in the camps are poor, and in the Netherlands they are given the chance to rebuild their life and the right medical treatment.

GHRD currently travels throughout the country, interviewing Bhutanese refugees about their experiences.

One of them is the Khadka family, who moved to a small village in Limburg in 2009. Akil and Til live with son Yog, daughter in law Sabitra, and ten month old grandson. The parents and son fled Bhutan following the detention and torture of Mr. Khadka Sr. Their property was seized and they have lived in a Nepali camp for 17 years. Due to the poor medical facilities, Sabitra endured three miscarriages in the camp, but she gave birth to a healthy son soon after arriving to the Netherlands.

GHRD visited the family together with photographer Peter de Ruiter in their beautiful home with a spacious garden in Limburg. The Khadka family are grateful for the resettlement, and optimistic about their future. They appreciate the Netherlands as a safe, peaceful country with good rules and regulations. “I just want to live a simple life here free from torture. I will get a job, and my child will do better.”(Yog Khadka). Mrs Til Khadka too is optimistic: “ I know there is a future for my son and grandson.” (Til Khadka).

The only thing missing is some of the remaining family members that are resettled in other countries. And a Bhutanese Hindu priest. Akil explains; ”There is no Bhutanese Hindu priest here, I wish they could send one with the next group, so I can practice my religion with a fellow countryman.”

Photos: Peter de Ruiter

Note: Global Human Rights Defence (GHRD) has supported the Bhutanese for years, through projects in the camps and in the Netherlands. As from 2010, GHRD conducts research in partnership with the Dutch Refugee Council (VluchtelingenWerk Nederland), into the situation for the Bhutanese in the Netherlands.

Jahangir Alam Akash; ‘ No one can ever stop me from continuing to fight for the voiceless.’

2010-05-11T14:51:00.006+02:00

Recently the ‘Committee to protect journalists’ published its impunity index list of countries were journalists are regularly killed and governments failed to solve the crimes. Bangladesh ranked as the 11th country, a rank higher than last year.

Jahangir Alam Akash is one of those journalists and writers living in exile as a result of his reporting of human rights issues in the country. On numerous occasions he disclosed. the atrocities of the armed forces in cases involving human rights violations, and he has faced at least four politically motivated cases based on false charges as a result.

He was brutally tortured by the law enforcement agencies (RAB) in 2007, and fled to Germany fearing his safety after the Awami League came into power in 2009. The Hamburg Foundation has hosted Mr Akash as a guest for the politically persecuted, for a duration of one year.

Global Human Rights Defence invited Mr Akash to celebrate International Human Rights Day in The Hague, and took the opportunity to discuss the situation for Bangladeshi journalists and to obtain his view on the human rights situation after the national elections. Mr. Akash shared his concerns about the corrupted system, and fears that little has changed despite the return to democracy in Bangladesh.

At the time of the incident when you were tortured, several organisations, like GHRD, Asian Human Rights Commission and Amnesty International lobbied for your safety. What impact did the work of international organisations have on your work, especially the time after you were tortured?

-'In Bangladesh I feared for my life, I felt unsafe and helpless. The support I received from organisations like GHRD, Amnesty International, The Asian Human Rights Commission, Bangladesh Rehabilitation Centre for Trauma Victims (BRCT), meant a lot to me and my family. The pressure that has been put on governments and international bodies, in the form of urgent appeals and other requests demanding my safety and protection helped to ensure the safety of myself and my family. Since the government is still very concerned about its image, the international support and attention that I received through the work of these different organisations was one of the main reasons why I was actually not killed during those two days of torture.’

How would you say is the human rights situation today, compared to the situation during the emergency powers?

- ‘The elections were considered democratic. However, the democracy in the country does not work in practice. Persecutions against religious minorities, extra judicial killings, attacks against journalists and other human rights violations still occurs. The government has been warned by the High Court regarding the situation of the growing and ongoing illegal activities of the RAB. It demanded that the government immediately have all these types of activities banned. But still you can’t see any changes.’

As long as the lack of political will to address human rights violations continues, he sees no possibility to return:

- ‘Because of the widespread corruption throughout the country’s legal instances, I have learned that you cannot depend on the system to serve you justice. The legal, political and governmental system is not strong enough to fight the atrocities and human rights violations. So far there has been no response whatsoever from the government in regards to the torture they subjected me to.’

According to Akash, it is not to be expected that the government will ever recognise or acknowledge these types of incidents:

- ‘The government’s actions are controlled by its political interests and agenda, which obviously overshadows the population’s human rights. The governments way of “handling” the extra judicial killings conducted by RAB forces in the country is an example of this.’

What practical changes do you think the government should undertake to improve the situation?

- ‘The government has some major obstacles to tackle in order to get the human rights situation under control, such as the fact that the country has no working educational system or the gross poverty that prevails in the country. As of right now the judiciary system is not functioning, the main reason is the widespread corruption. The system is filled with corruption, from top to bottom.’

Akash explains further:

- ‘Religion is also present in the politics and Islam is announced as the state religion. The “islamisation” of the government is a serious problem, especially for the religious minority groups and also for the process of building a secular democracy. To remove Islam as the state religion would be a critical step to achieve secularism, which is of great importance to release the tension between religious groups in the country.’

Do you feel optimistic about the future of Bangladesh with the new government?

- ‘The process will be long and time consuming but I stay positive. There are alot of people working and hoping for a better future for Bangladesh. There will come a day of happiness and peace. After coming to Europe I have been able to conduct my work for the people in Bangladesh who are living in oppression, people who are marginalised and who live in poverty.

No one can ever stop me from continuing to fight for these voiceless people’.

To Sue A State

2009-09-08T15:03:00.002+02:00

I am watching the peace palace from my office at the ‘NGO building of the Hague’ - the building where Non Governmental and ‘human rights organizations’ are sharing their offices in the city of peace and international justice.

And for the third time in a few months I just faced human injustice at the door step.

A man with rough clothes, a big bag and desperation in his eyes wanted to ‘talk to a human rights organization’ to ‘file a complaint against a country for human rights abuse.’ My heart stops every time. The situation and country are different; what they share is the experience of great injustices, the fear, and despite endless efforts, they have nowhere to turn to for help. They have desperately wandered around, stopped at the sight of the shiny tags with names of organizations such as the ‘UNHCR’ (United Nations High Commissioner for Refugees) ‘UNOY Peacebuilders’ and yes, “Global Human Rights Defence” on the large entrance door.

He had slept outside the door, another night on the streets. He doesn’t want to share the ‘shelter with all the junks’. Its safer on the street. But he is not here for himself. He want to help his friend in Morocco whose refugee status was taken back, kicked out of his home and now lives on the streets in Rabat where he is beaten because he is a Christian. He fears death if he returns home too.

Before hearing his story, I know I cannot help him. I offer a cup of coffee and a few minutes of my time to a man whose life experiences probably outnumber those of all the hundred -something- ‘NGO staff’ with fancy titles in this building.

It makes complete sense that he rings the door bell. The bizarre is: nobody will be able to help him. He has already appealed to Amnesty International, The UN offices in Geneva, the European Court of Human Rights in Strasbourg…. But due to many different and complex reasons, legal, procedural, practical, financial, political: many victims of human rights violations are still left without access to remedies.

I send him downstairs to the UNHCR. I know they cannot help him either.

What’s your caste, madam?

2009-06-22T12:52:00.001+02:00

As a human rights defender on a mission in India surely I should not be surprised to discover that the caste system prevails in the country. As repelling as the thought is to me, I was prepared to observe such phenomena. It is common knowledge that social hierarchy is deep rooted, despite the legal prohibition of ‘the caste system’.

However, I did not expect to personally experience ‘casteism’ i.e.to be treated differently due to my ‘position’ in society or even the colour of my skin. It soon became clear to me that my ‘ethnic origin’ was in itself an achievement that was praised. At first I was flattered by the smiles and the interest in my person, after a while I understood that my ‘position’ as a white European contributed to the bows and friendly smiles. My opinion, or rather appearance, was cherished and equalised with an ‘international’ – white-position and thus sometimes considered more important than that of ‘the Indians’.

Whether concerning the press interest in my (read; a white) presence, or the employees in the service sector desire to be ‘at my service’. I was touched by the devotation of the security guard at the hotel, who stood up at their desk every time I appeared with a smile and a ‘hello madam, good morning madam’. Despite my friendly response, they never sat down to relax.

On the last day the guard, encouraged after days of confidence building, smiles and chocolates gifts (for the children I assumed he had), approached me and asked:

“What’s your religion madam?”

A little surprised and stunned by this personal intervention I smiled back and replied: none, sir, I am an atheist. The man looked at me with great surprise, and the reply was a fast:

“What’s your caste, madam?”

The caste system is very much alive.

A beautiful lie or the ugly truth?

2009-02-20T18:12:00.003+01:00

This Monday afternoon I packed a bag with teddy bears and went together with two exiled Bhutanese to Amsterdam Airport to receive their long awaited relatives. Me too felt the excitement as 33 tired but happy Bhutanese refugees quietly entered the arrival’s hall with IOM marked suitcases and young children in their arms. Their journey towards a new life had started in Kathmandu, Nepal several days ago. Emotionally, it has been a journey for seventeen years, and it is far from over yet.

These refugees are some of the 100,000 Bhutanese whose government refuse to acknowledge as citizens. They have been forced to reside in simple refugee camps in Nepal for almost twenty years with little opportunities to education, employment and medical care. Some of them are allowed resettlement in a third country they never heard of before. A small number of them are resettling in the Netherlands. 33 of them arrived this rainy Monday afternoon.

They are calm but also full of expectations about their new life in this new country. ‘ We are so happy to be here. We want to work hard and do our best to learn Dutch customs.’

A young, educated father looked my straight into my eyes with great anticipation: ‘Do you think we will have a good life here? Will our children be ok?’ Yes, of course I responded with as much optimism as I could manage. And I believe it. The Bhutanese are so full of desire, motivation and eager to integrate. Still, I feel guilty and a little worried as I hear the many stories of refugees that suffer sever traumas long after they are ‘integrated’. The experiences these people must endure in the near future should not be underestimated. Many arrive with great hopes for the future and are soon disillusioned.
But there is a place and time for such insights. The day of arrival is a time for celebration and optimism. I guess sometimes it is preferred to use a - somewhat modified - beautiful lie to a direct and ugly truth.

Young journalist sentenced in Bhutan

2009-02-11T09:51:00.002+01:00

Global Human Rights Defence (GHRD) is deeply concerned about the sentencing of journalist Shanti Ram Acharya (20), a correspondent of the The Bhutan Reporter. Mr Acharya has been sentenced for seven and a half years for alleged involvement in Maoist-related activities. However, such involvement is denied and the judgement is claimed to be politically motivated.

According to local sources, it was based on confessions obtained under torture, and the overall trial was inadequate and failed to comply with the most fundamental principles of due process. The case must be re-investigated to ensure that the fundamental rights of Mr Acharya are safeguarded.

Mr Acharya was a camp based correspondent for the monthly The Bhutan Reporter, published in exile from Nepal and funded by GHRD. It seeks to uphold and safeguard the people's right on information in the Bhutanese society.

In January 2007, on his way to visit his family, Shanti Ram Acharya was arrested and accused of entering Bhutan to ‘carry out terrorist activities’. He was taken to police custody where he was tortured and forced to confess the charges. The Association of Press Freedom Activists (APFA) claims that he was kept in secret detention for almost two months.

The Bhutanese High court found him "guilty of involvement in subversive activities" against Bhutan. He was also accused for participating in military training conducted by the Nepali chapter of Communist Party of Bhutan. (Banned party in Bhutan.) However, the Communist Party of Bhutan denied any link with Mr Acharya, saying in a press release this week that the jailed reporter was never a member of the party.

The trial is widely considered unfair, politically motivated and not fully comprehensible to the accused, who is an ethnic Nepali. In addition, Mr Acharya could not hire a lawyer to defend himself. It is of outmost concern to impose such harsh punishments on such dubious charges and under such circumstances.

GHRD joins The Association of Press Freedom Activists (APFA), and International Federation for Journalists (IFJ) demanding the Bhutanese authorities to immediately take action to review the trial of Mr Acharya. The practice of torture is one of the most serious human rights crimes under which no derogation is allowed. No person, regardless whether he is a criminal or not, should be subjected to torture in any circumstances.
In particular, GHRD urges that

- The trial is reviewed and Mr Acharya is provided with an independent lawyer.
- The whereabouts and condition of Mr Acharya are closely monitored and made public.
- The serious allegations of torture are investigated and the perpetrators of such crimes punished
- Adequate compensation and legal assistance is granted Acharya for the damages caused.

And so they lived happily ever after?

2009-01-06T16:30:00.000+01:00

The New Year started hopefully for the people of Bangladesh. Finally, after two years of repressive military rule they were allowed to cast their votes in parliamentary elections which even included women and minorities. So far the election has generally been considered free and fair, not only by the ‘international observers’ paying their quick visits but by local human rights activists and investigators as well. Well at least so they say.

Awami League defeated the BNP four party alliances in the Bangladeshi 9th parliamentary election on the 29th December, 2008. Sheik Hasina’s government is expected to be sworn in by Tuesday.

Looking back to the violent situation in 2001, where in particular women and minorities were severely persecuted, there were legitimate concerns that the elections would be unfair and that the minorities would be hindered to cast their votes freely.

The elections were indeed preceded by scattered violence and there were some attacks reported against Hindu and Buddhist minorities by cadres from both coalitions.

Despite of this, with an amazing 87 percent turnover the outcome must somehow reflect the popular will. The high turnover in itself was unusual because in the past women and minority voters were prevented from voting.

Although concerns regarding corruption and violence remain, the return to democracy in Bangladesh is welcomed, it brings hope. A government elected by most of the people is preferable to any military dictatorship.

Especially one that remain in power through the methods of terror, torture and killings of its own citizens.

Let us hope that the new government will make a real effort to bring and end to ‘traditional’ Bangladeshi ruling methods. Introduce the rule of law, respect for human rights for all. Let the people of Bangladesh live happily ever after!

A time for reflection

2008-12-19T11:35:00.003+01:00

Another year has passed. It is a good time for reflection – if one find time in between the season evaluations, newsletters, annual reports, cleaning…out of a sudden the entire year must be wrapped up in one package! What a year it was. Trying to determine the highlights and set backs is not easy.

I appreciate the meetings with the incredible Bhutanese families that were evicted from their homeland, some tortured and imprisoned, and then lived seventeen years in refugee camps before being sent to a country they never heard of. I remember their hospitality and kindness, their gratefulness for being given the chance to start a new life, but also their despair for the loved ones that were left behind.

I remember the excitement at the birth of the FLARE network at the European Parliament in Brussels. The feeling of success and being invincible when we walked together with almost 100,000 others in Bari, Italy taking stand against the mafia.

I recall anger and frustration when a certain ambassador claimed that no- one is being tortured in Bangladesh. I remember the excitement of taking part of history when former prime minister Sheik Hasina entered the House of Lords after almost a year in captivity.

It hurts to think of the pain in the eyes of the families who lost everything, whose child committed suicide after a brutal gang rape and left with no assistance, the human rights defenders who risked their life to report about them, and the frustration I felt so many times that we could not do more to help them in their struggle!

But I can also smile looking back on how 50 children, newly arrived from conflict zones all over the world, were singing and jumping up and down of excitement to meet Sinterklaas and receive their presents!

2008 was the year of survival for GHRD. It was a constant battle to continue achieving results, with no resources. 2009 is the year where we finally have the opportunity to grow, expand our networks and strengthen our capacities.

The year of 2009 will be an important one in GHRDs history. I want to do more, do better. There is enough to do. I am looking forward to share it with you!

BANGLADESH: Paying The Price For Press Freedom

2008-10-07T10:21:00.000+02:00

BANGLADESH: Paying The Price For Press Freedom

Bangladesh - Rape as Genocide Under International Criminal Law - Research Report

2008-07-14T11:53:00.000+02:00

Bangladesh - Rape as Genocide Under International Criminal Law - Research Report

Bangladesh - Petition to Stop the Gang Rapes in Bangladesh

2008-07-14T11:51:00.000+02:00

Bangladesh - Petition to Stop the Gang Rapes in Bangladesh

Lord Voldemort of Bangladesh

2008-06-24T11:17:00.008+02:00

I went to Brussels and the European Parliament last week to take part in an informal hearing about the human rights situation in Bangladesh. The situation is alarming - more the 25.000 people were arbitrary arrested over the past two weeks.

Approximately half a million people have been arrested in Bangladesh since the proclamation of state of emergency 16 months ago. Most of them are political opponents; many will be tortured into accordance by the military regime.

Those who were able have gone into hiding; or maybe they ‘disappeared,’ or mysteriously died from ‘heart problems’ after days of torture. Others are simply shot in the back, with the official explanation that they ‘attempted to escape’.

As expected, the present representative of the Bangladeshi Embassy denied any governmental involvement in human rights abuse. The ambassador was ‘surprised to hear that the human rights situation is bad in Bangladesh’ he claimed the Bangladeshi human rights record have ‘always been good’, and; ‘no-one is being arrested without reason in Bangladesh’.

In reality, state security forces can arbitrarily arrest and detain individuals without warrant or evidence[1]; in fact, they can 'produce' evidence through the use of force. Soldiers and police responsible for torture and killings enjoy impunity.

Journalists and human rights activists that are brave enough to report about the abuse become targets themselves. Ahmed Swapan, a torture victim and exiled Bangladeshi journalist said; ‘I am afraid to speak here today. I am one of those whose right hand still is dysfunctional because of my reporting in Bangladesh.’ The torture of Tasneem Khalil, who reported to, amongst others, CNN and Human Rights Watch, made it to the international press last year. If they beat a journalist who is working for a distinguished media and human rights organisation unconscious with batons – what will they do to others who have less chance of getting their story out?

“In Bangladesh, they have their own Lord Voldemort – the DGFI. They
are so feared that people don’t even dare mentioning its name,”

William Sloan (International Association of Democratic Lawyers), during his last visit to Bangladesh, was held up and interrogated at the airport, cautioned by the DGFI[2], barred from the courtroom where Sheikh Hasina was on trial, interdicted from holding a press conference, confined in his hotel room for ten hours, and escorted to the airport by police and detained until boarding time. “In Bangladesh, they have their own Lord Voldemort – the DGFI. They are so feared that people don’t even dare mentioning its name,” he said, making a reference to the Dark Lord in the Harry Potter books.

Indeed, over the year we have seen a mobilisation of dark forces in Bangladesh. Terror, torture and intimidation are the main tools used by the military government to maintain power. However, whereas Lord Voldemort made no secret of his intention of dictatorial rule, the Bangladeshi government is still attempting to hide behind a democratic façade and maintain its international reputation.

Perhaps it is time to stop allowing the military regime in Bangladesh to hide behind the term ‘caretaker government,’ and instead start calling it what it is: a military regime. Because, as the Harry Potter fans will know; fear of a name only creates fear of the phenomenon itself.

[1] Emergency Powers Rules, Section 16 & 20, EPR 2007
[2] Directorate General of Forces Intelligence; one of the main Bangladeshi intelligence services

The truth, and nothing but the truth…says who?

2008-04-14T10:54:00.005+02:00

GHRD ended up in the middle of the Swedish media battle last week when investigating a murder in Bangladesh. Ashit Biswas, 32, disappeared in 2005 and the remains of his body were found last week – elucidating another uninvestigated crime in Bangladesh. Usually, the ‘West’ show little interest in what’s going on in Bangladesh.

But this case is different. The suspect, Joy Rahman, is something of a media celebrity in Sweden, where he spent eight years in prison for murder, before being found innocent by the Supreme Court. It was the scandal of that time. Rahman cried out in media, a victim of a racist prejudiced justice system. He moved back to Bangladesh and started a foundation for the money he was given as compensation. Not that money could ever compensate eight years of declined freedom! But it helps. Especially in Bangladesh, where money is the answer to all problems, including legal ones.

Now, everyone wanted their share of this story. The question of guilt – and victimization is central and divided the Swedish and Bangladeshi press. In Sweden, they are eager to portray Joy Rahman as another victim of corruption and illegality in a non-existent Bangladeshi justice system. In Bangladesh, some media want to see Joy Rahman hanged by tomorrow, whether there is evidence or not.

As for me, I am referring to the rule of law, to objective reporting and to respect Rahman’s right to presumption of innocence whilst searching the truth about Ashit’s death. Media cannot, and should not, determine guilt. In Western Europe, most of us are skeptical to the ‘facts’ produced by media, but rely on a court verdict.

But when working in Bangladesh, this perception of ‘truth’ is challenged. Here, police investigations and verdicts are for sale. The police fabricate charges, plant evidence and force through confessions under torture on routine. Meanwhile, many media in Bangladesh are opposing this corrupt system, struggling to work independently to expose the truth.

So what do we know? Well, whereas many criminals escape trials; innocents are also convicted, imprisoned and executed. The question now is; to which category does Rahman belong? And says who?

The power and downfall of the masses

2008-03-19T16:26:00.003+01:00

GHRD participated in another FLARE meeting last week, this time in Bari, southern Italy. I had the privilege to meet and listen to Mr Luigi Ciotti, president of Libera, the largest network against the mafia in Italy. For obvious reasons, this man is most wanted and he has miraculously survived years of assassination attempts. When this honorable man sat down in front of me, turned around and shook my hand, for a moment, I felt afraid. A pathetic thought crossed my mind; what if someone will attack him now, when I am behind him? In the next second, I felt a strong wave of guilt. What a coward! There are people willing to sacrifice their lives for something they believe in, and then you are afraid to even sit behind one of them? What kind of human rights defender are you? Well obviously, a human rights officer, with emphasis on office. I felt pathetic.

Then, luckily, I gained some strength again when taking part in a huge demonstration against the mafia. It felt powerful and important to walk there in the burning sun, shouting “FREEDOM LEGALITY AND RIGHTS IN EUROPE” amongst 100,000 people, all brought together around one common goal; to speak out against corruption and organized crime. There is something extraordinary about public manifestations where thousands of strangers with different background, age, gender, nationality and religion have taken a standpoint about something that matters to them, and then unite to express this position.

Tragically, another protest was brutally smashed down at almost the same moment. Dozens of innocent Tibetians are feared dead, many are arrested and likely to be tortured or ‘disappear’ - simply because they claimed their right to peaceful demonstration. My thoughts are in Tibet today.

It’s safe being a ‘human rights officer’ in The Hague.

India untouchable

2008-02-21T15:11:00.003+01:00

I went to Nijmegen last Sunday to take part in a cultural event focusing on development and human rights in India. Unsurprisingly, one of the main topics was the Dalits (Harijans) or the untouchables. Despite its constitutional abolition in 1950, the caste system is a cruel reality in a large part of rural India. Dalits are considered less human then other castes, they are thought to be ‘polluted’ and should thus never be touched by anyone from a higher caste. For this reason they are discriminated against in all spheres, an exclusion that applies to adults and children alike. The story of the little boy that fell into the water and drowned because no-one wanted to touch him is hard to forget. It is one of the most severe human rights catastrophes in the world today.

But it is disturbing to see how this complex issue continues to be analysed and discussed in the simplest manner. The movies show fat and inherently evil Brahmins that shout that Dalits are inferior by nature and thus destined to clean their toilets. And this is described as the very essence of Hinduism. Religion is immediately given the blame. It is equally disturbing whenever ‘ Islam’ is equalised with terrorism. Even though religion plays an undeniable role in both of the above mentioned examples, it is hardly the one and only factor. It is not religion by itself that generates conflict, violence or human rights abuse. Religion, is a social construction such as ethnicity, or nationality, that is used as a tool to manifest other interests. It is the interpretation and violent enforcement of religion/ethnicity or nationality that is dangerous.

This clearly requires a higher level of analysis, which is more demanding than finding some Brahmins that are willing to misbehave in tv for their five minutes of fame (or bearded Muslims for that matter).

It is natural and inevitable in popular science and media to simplify complex social and political phenomenon in order to make them easy to comprehend. But this simplification also undermines the opportunities for accurate analysis and ultimately, a change.

The social order is based on our need to distinguish between good and evil and us and them; and evil is inherent in‘them’. Religion is an easy target because it allows us to project evil acts on ‘the others’.

In some instances, the solution to the ‘problem’ then simply is conversion to the ‘good’ religion. Unsurprisingly, yet shocking, conversion to Christianity is often proposed as a solution to the Dalits by Christian charity organisations.

And then we are surprised when the western human rights regime is being accused of pursuing a post colonial agenda?

Religion alone does not constitute the root cause of human misery. And it certainly does not hold the key to its solution.

Never again?

2008-01-25T14:06:00.001+01:00

GHRD attended an international conference in Krakow, Poland last week; FLARE – Freedom Legality and Rights in Europe. FLARE is a European network of more than 40 civil society organisations with the aim to promote legality and human rights in Europe. It was an interesting (and hectic) week and I enjoyed the workshops and in particular to discuss human rights with representatives from Italy, Romania, Serbia, Moldova, Russia, Ukraine, Poland, …

But it is the visit to the concentration camp Auschwitz-Birkenau that I remember the most. It was a horrific day in every sense. I thought I was prepared. After all, I deal with cases of gang rape, torture and murder on a daily basis at work. And I specialised in genocide at university. I have studied the holocaust in every detail; seen the photos, films, read the books of survivors, and experts; I even analysed the toilet system in the camps (!). But to walk for hours through this death camp, created by humans with the sole intention of exterminating others, where over one million human beings lost their lives in the most dehumanising way, gave rise to feelings that no books could ever convey. I felt sad, helpless, empty, angry, disillusioned; the importance of keeping Auschwitz as a painful memory felt stronger than ever. Indeed we must remember, and the words never again must never silence.

But it did happen again. And it happened before. Again and again and right now.

The Holocaust was unfortunately neither the first nor the last moment in history where one group organised, planned and executed the killings of another group, with intent to destroy, in whole or in part. Indigenous peoples were extincted with genocidal intent as soon as Europeans ‘discovered’ their continents over 600 years ago. Genocides took place in Bangladesh, Ottoman Empire (Armenian genocide), East Timor, Cambodia, Rwanda, Bosnia- Herzegovina, and Sudan, to name a few.

A genocide does not take place overnight – it requires structure and planning. Major genocide characteristics are: the division of people between ‘us and them’, hate speeches, dehumanisation, propaganda, targeting of a specific group because of their ethnic/religious identity, which finally leads to the extermination of this group.

The development in some South Asian countries such as Bangladesh, Jammu/Kashmir, Malaysia, and Pakistan is not too far away from this description. Now it is up to us to decide if again will ever turn into never.

The slave trade of our time

2008-01-14T09:48:00.000+01:00

Welcome back to the first blog of the year 2008!

I have been preparing a lecture for The Hague University and the cultural week this upcoming Tuesday. I am aware that it’s a privilege to be able to stand in front of 200 students, that (whether they like it or not) will have to listen to what I have to say about such an important subject as human rights. It’s also a challenge to compose a comprehendible introduction to the entire international human rights system – in only 45 minutes. I have been thinking a lot about how I can make maximal use of this time; what aspect of human rights is the most crucial to emphasise, what is it that I want people to know about human rights?

One crucial and always relevant point I will emphasize on Tuesday is that the international human rights system as we know it today is the result of historical processes and it is thus changing over time. The norms and values underlying it, including the concepts of rights and which groups we consider human enough to be granted these rights, are dynamic. It is therefore crucial that we always continue to evaluate and criticize this system and the groups that we consider ‘humans’ and thus should be granted rights.

Throughout history, human rights have been violated in the most atrocious manners; we have raped and murdered and enslaved people; but at the time it was often not considered a human rights violation. We have justified the enslavement of native Africans, the wiping out of entire indigenous populations, the repression of homosexuals, women, disabled, political opponents, the persecution of the Jews, just to name a few, legally, morally and scientifically.

Women are too stupid to vote or attend university, homosexuality is a disease that can be cured, Africans and Native Americans needed to be saved by the ‘civilized’ Europeans, and the Jewish conspiracy was reaching such dangerous levels that the holocaust almost should be considered collective self defence. These have all been arguments that have justified the infringement of rights for certain groups, and they were more or less accepted by the public at their time. Today, it sounds horrific. Today, we think we know better. But do we?

We have seen a scary development, in particularly after 9/11, moving towards a system where human rights become relative and depends on your belonging to religious/ethnic groups, where torture and arbitrary arrests are being justified in the name of ‘war on terror’.

So, two questions I am looking forward to discuss on Tuesday are:

What is the slave trade of our time? And who are the 'Jews' in 2008?

Banished within and without

2007-12-21T12:03:00.000+01:00

I was deeply touched and inspired this week by two women, and although the stories and background of these women are completely different, the essence is the same: imprisonment.

One is Taslima Nasrin - a world famous and outspoken women’s rights activist, forced into exile and a life under constant threat. Ms Nasrin wrote a letter entitled ‘Banished within and without” about how she lives her life: “my world is gradually shrinking. I, who once roamed the streets without a care in the world, am now shackled. Always outspoken, I am now silenced, unable to demonstrate, left without the means of protesting for what I hold dear. […] I spend my existence surrounded by walls: a prisoner.”

The other story concerns a woman who has spent time in an Asian prison and now she is trying to help her friends that are left ‘in hell’ without any contact with the outside world.

Whether physical or mental, and regardless of reason, I can’t think of anything worse than being denied your personal freedom. I can’t imagine how it would feel to be expelled and forced into exile in a foreign country; to be sentenced to life in a remote and primitive prison, tortured in a secret detention center, or how and if I would survive if I was sold into sexual slavery or forced labour.

What I do know is that these are some of the major human rights catastrophes of our time. In Christmas times like this, and whilst being all excited about going back home to friends and family, my thoughts are with all those women, men and children who are unable to do so.

When rights become privileges

2007-12-07T16:04:00.000+01:00

We are currently preparing for human rights day that is celebrated worldwide on 10 December. I will proudly spend this day gagged and tied up walking through the rainy streets of The Hague in a silent protest for those who are suffering in silence and silenced after being abused.

Freedom of speech and association is a basic human right and all we had to do was to send a fax to the police and voila’ - we can hit the busy shopping streets with our placards and banners. We are even allowed to enter the parliament to talk to those in power!

It strikes me how privileged we are, and how ironic it is that those that suffer the most, living in countries where there is a true and pressing need to speak out, also are those unable to do so. Freedom of speech is a human right governments easily grant - in countries where it won’t constitute a threat to the said regime.

Indeed this applies not only to civil and political rights but to the general adaptation of international human rights standards as well. Since the creation of the United Nations and the promotion of universal human rights for all, it has been the most repressing regimes that have been objecting the most. The international human rights regime has been rejected as ‘post imperialism’ or ‘western, neo-liberal propaganda’ by governments in attempts to justify practices such as genital mutilation, torture, persecution of minorities and/or homosexuals and gender discrimination.

It is true that the contemporary human rights doctrine was based on a ‘western’ liberal philosophy, and some of the critique may be justified.

Nonetheless, it also appears that the people it is set out to protect - those who are tortured in prisons or forced into exile because of their identity - rarely object to the idea of universal human rights. What they want is the right to live a life in peace, free and equal, regardless of ethnicity, sex, religion or political/sexual orientation.

You can use your democratic freedom and give others a voice by joining us in our protest this Monday, 10 December on Human Rights Day in The Hague.

I am looking forward to meet you there!

For more details about our demonstration see www.ghrd.org

Victim of Rape - Guilty as charge

2007-11-23T18:11:00.000+01:00

Sunday 25 November is the International Day for the Elimination of Violence against Women. Governments, international organizations and NGOs are encouraged to organize activities designated to raise public awareness of the problem. From the day we are born, women in all countries and from all backgrounds are subjected to various forms of violence, simply because we are women. The type and severity of violence vary, ranging from structural violence, e.g. sexism, to direct violence such as rape.

The case of the 19 year old victim of gang rape in Saudia Arabia shocked the world this week. In addition to being gang raped, this girl was being punished with 90 lashes because she had met with an unrelated man at the time of the rape. The amount was then doubled (!)because she spoke out in media. Horrendous.

But sadly, it is a universal phenomenon that victims of sexual violence are being punished when the rapists are released. A raped woman needs to have four male eye witnesses in order to have her complaints considered in Pakistan. Raped women are being convicted for adultery, imprisoned or socially ostracised to extents where suicide appears to be the only solution.

Yes, but only in fundamental countries with old fashioned laws, many would say.

But here in the “West” too are women being held responsible for sexual crimes committed against them. Victims of rape are being blamed in court and by society. Rape is possibly the only crime where the burden of proof lies on the victim. You have all heard it; prove that you said NO! Leave marks! Scream! Don’t walk home alone in the dark! And for God’s sake do not wear a short skirt if you do! Can you imagine the same reasoning for other crimes? “So, Mr X when you went to see Germany – UK, did you not consider the high risk of getting your face smashed by football hooligans?”

Yes girls are told at an early age not to put themselves in a situation that may provoke men to give in to their sexual lusts. Ironically, since being a woman apparently is enough to provoke sexual violence. How to avoid that situation? Sex change?

A question of accountability

2007-11-16T16:58:00.000+01:00

The Bangladeshi chief adviser said in a statement this week that women must be given “equal rights considering them equivalent to man in family, social and state systems.” He further claimed that “If inequality and injustice persist within the family, all our achievements at national level would go in vain.”

I should cheer this acknowledgement, of course. This statement is basically identical to the conclusion I made in a report on rapes in Bangladesh. However, in this report I also raised the question of accountability. One of the reasons that I find it difficult to applaud the chief adviser’s recognition is that it is difficult to hold him accountable if this promised change will remain beautiful words with little action taken.

Accountability is a delicate problem for human rights defenders.

The State has traditionally been considered the main protector of its citizens, a world view that was brutally overthrown with the horrors of World War II. The United Nations was created to control suppressing regimes and prevent States from further attempts of ethnic cleansing and genocide. However, in reality it remains difficult to hold states responsible for human rights atrocities.

No state seems willing to take responsibility for a sustainable solution for the hundred thousands of Kashmiri pandits and as many Bhutanese that have been forced into exile and a hopeless life as refugees. Minority groups world wide are persecuted despite all conventions that are prohibiting discrimination and proclaiming universal rights. Some states, like Bhutan, simply choose not to ratify the UN treaties, which are based on a voluntary commitment from the state. What to do when states choose not to ratify the conventions? Or, when they ratify but not implement its provisions?

The creation of the International Criminal Court provided a unique opportunity to hold individuals internationally responsible for human rights atrocities and gave rise to much optimism. But what to do when the most abusing states are the ones that choose not to ratify the statute and thus not acknowledge the Court?

I recall how my university professor emphasized that Non Governmental Organisations (NGOs) are playing an import role in this process, since they have the ability to ‘blame and shame’ the suppressing states and thus hold them accountable for human rights abuse. But what to do when the state is ignorant to critique?

Promoting universal human rights can surely give rise to a lot of frustration, especially for someone that wants to see immediate result of their endeavor. And then, sustainable change takes time. Surely, the international human rights regime has seen a major improvement the past decades and grass root movements and NGOs have a great part of this. So we will continue our reporting of today, hoping for a better tomorrow.

Welcome to Global Human Rights Defence’s new Human Rights Blog!

2007-11-09T14:46:00.001+01:00

This blog will be used as a forum for a weekly reflection about human rights issues, in particular those relating to minority rights, in South Asia. Here you can expect some more personal thoughts in contrast to the regular news reporting where objectivity is crucial. It is also an opportunity for me to share the latest updates relating to GHRD’s activities both in the Netherlands and internationally, and for you to respond directly. I am looking forward to hear your opinions and feedback!

Today, almost sixty years after the adaptation of the UN Universal Declaration of Human Rights, universal human rights for all is still a utopian concept for the majority of the world population.

As the Human Rights Officer of GHRD, one of my main responsibilities is to ensure that the often unheard stories of human rights abuses will be told. They are not pleasant, these stories. Families are being evicted and forced into a life as refugees, their houses are burnt to ashes, fathers are being tortured in prison, women and children gang raped and journalists and human rights defenders that are trying to speak up are being threatened into silence.

It has been an eventful week in South Asia. Pakistan introduced a state of emergency and massive human rights abuse immediately followed. Magistrates, lawyers and activists have been detained and unlawfully placed under house arrest. The similarities with the creeping militarization over the past year in Bangladesh are many and frightening.

On the positive side, Bangladesh has finally (officially) separated the judiciary from political control. The actual implication remains to be seen - Bangladesh provides a textbook example of how development is hindered despite new legislation; it is the implementation that is the real challenge. Human rights continue to be violated in the shadow of new protective regulations, with the only difference that the government earned an international alibi through the new legislation. For example, (Gang) Rape, domestic violence, acid attacks, trafficking in women and dowry related violence is still a major problem, despite the new Suppression of Violence against Women and Children Act, the Dowry Protection Act and the Acid Control Act in Bangladesh.

And speaking of discrepancy between theoretical framework and reality: The United Nations continue to produce empirical reports stating evident facts about world wide human misery. “Sex is being used as a tool of weapon under conflict” is the title of a ‘new’ UN report. “Sex-ratio values in India contribution to the overall ‘masculinization’ of Asia” says another. As important information as it is; it’s hardly news.

I would be much more shocked if I was to read about practical and achievements or strategies of the UN to battle these problems, or about the development of a rigorous monitoring system to hold the states accountable.

One of the most horrific readings this week was a case about the death in custody of an Adibashi leader in Bangladesh in March. According to the police: “he ran away, tripped, and lost consciousness and died at the hospital”. However, when the family recovered the body it bore torture marks like eyes plucked, testicles removed, anus mutilated, two hand palms smashed, and nails of three fingers of the right hand removed, to name a few. If that is how a body leaves a Bangladeshi hospital, then I surely would not like to end up in one of their prisons…

We are preparing for a silent protest in The Hague on Human Rights Day on 10^th December and the Dutch Human Rights Commissioner will receive our petition and Annual Human Rights Reports. Time and route will be announced soon for all of you that want to join us and express your outrage against such abuse!

Finally, Hindus worldwide celebrate Diwali today – the festival of lights that encourages people to “finding light in darkness, achieving knowledge where there is ignorance, and spreading love amidst hatred.”

Regardless of belief or religion, this is certainly something we all could (should) relate to.

Links

The UN News Centre

http://www.un.org/apps/news/search.asp

Diwali festival

http://www.diwalifestival.org/the-tradition-of-lights.html