the nhrc chairman in an interview with probe news magazine

"THE NHRC CHAIRMAN IN AN INTERVIEW WITH PROBE NEWS MAGAZINE "
by ANWAR PARVEZ HALIM
The National Human Rights Commission is still not adequately equipped for full
investigation into serious incidents of human rights violations
How empowered is the Commission to protect human rights? Can you compel the
government to implement your recommendations?
The reply to this question requires a comparative discourse. Nowhere in the world does any
human rights commission have executive powers or authority. Generally speaking, the role of the
commission is supervisory, monitoring. It is a watchdog. As a watchdog it identifies violations of
human rights, weaknesses and then submits appropriate recommendations in this regard to the
authorities.
It is a general assumption that since the government has created such an institution, it has all
intentions to pay attention to the recommendations of the institution and implement these
accordingly. But this does not always happen. Then again, the law has specific provision for
protection of human rights.
If the commission notes that the government is not paying heed to its recommendations, it can
submit a report to the President in this regard. If the President finds the report valid, he can send
this on for discussion in the parliament. This is mentioned in the law pertaining to NHRC. This is
the strength.
As NHRC was launched during the rule of this government, without drawing reference to
the past, has human rights violations increased or decreased under this government?
Human rights is a broad concept. It is not simple to draw any final conclusions in this regard.
Just as human rights covers civil and political rights, it also encompasses economic, social and
cultural rights. Then there is rights for peace, development, right for demilitarisation — all these
are linked to human rights. In that respect I would say that there has been an improvement in the
protection of civil and political rights. The situation has much improved in this regard in
comparison to what it was during the last caretaker government when human rights were violated
rampantly.
Under the present government there has been many instances of human rights violations by the
law enforcement agencies. These are the human rights violations which cause most concern to
the common people. College student Limon being crippled by RAB is one such instance. What
happened to Limon in the end? Could you all protect him?
Such stray incidents do occur. We were very active in the case of Limon; we protested in no
uncertain terms. The government did not muffle us. We are not opponents of the government.

But the government acted as an opponent to the poor college student Limon, even though you
may have stood by his side. So does the government pay any importance to you, that is the
commission? Has it punished the guilty persons?
Actually the top level of the government is not informed of the role of the government’s various
human rights organisations and perhaps a misconception exists in this regard. Limon was really
being harassed but at one point that halted due to the Prime Minister’s intervention. For four
hours continuously, Bangladesh Sangbad Sangstha relayed the Prime Minister’s directives in this
regard, scrolled on TV. Later this was removed. But if the Prime Ministers simply utters one
word, that is enough. This was very effective. The Prime Minister said that no one should
unnecessarily issue statements about Limon because by then investigations has proved he was
still a minor and that he was not involved in any form of violence. After that, there had been no
excesses. The incident was extremely unfortunate. Maybe Limon had to suffer due to an error on
someone’s part.
Limon’s case continues. Will you continue to support him?
We have been with him from the start. Even then we declared we would remain by his side, even
provide him with legal aid if necessary. I am confident that Limon will receive justice from the
lower court. The people have seen the incident, the court has seen it, the judges have seen it. I
believe justice has not disappeared altogether from the country and Limon will receive justice.
A year has passed since the launching of the Human Rights Commission. Is it a full-fledged
commission now or does it still have the limitations it has at the start?
It is about to become a full-fledged institution and I have approval for 28 members of staff. They
have had taken their appointment exams and hopefully will join on November 1. Then NHRC
will be able to function in full force.
What are the commission’s achievements over the past year?
There are many incidents. Without naming names, there was a certain person who was detained
and his relatives apprehended they would not see him alive again. But through our efforts, we
managed to release him and hand him over to his family alive. Then there was the incident of a
few young girls being abducted from the road, but then due to our intervention the police and
RAB could speedily rescue them. These are a few instances of NHRC’s success.
We also have played a role concerning extrajudicial killings, remaining alert in this regard. That
is why there has been a considerable fall in deaths in custody and extrajudicial killings. Due to
our active role, the law enforcement bodies have realised that they must follow the rule of law.
At a meeting you recently mentioned about people disappearing and then bodies turning up here
and there. You perhaps were referring to the three youths of Dayaganj and the Jubodal leader at
Jatrabari. Will the Commission investigate these incidents?
NHRC has received several such complaints. It has been said the persons in civil garb came and
picked up these youth and they haven’t been heard of since then. None of the state agencies
admit that these missing persons are in their custody. Such incidents are very alarming. The law
enforcement agencies can detain citizens if they commit crimes and take legal measures

accordingly. In such cases, the families of the detained persons have the right to know that they
have been detained. The complaints we have been receiving indicate that such incidents are
occurring. The state is duty bound to protect its citizens.
So will you be investigating the disappearance of the three young men in Dayaganj?
We still don’t have the capacity to carry out such investigations. We lack the logistics. What we
do now is issue a letter to the Home Ministry in regard with such incidents and give a certain
time limit for an inquiry committee to be formed to look into the matter and submit a report to
the commission. NHRC has the right to reject the Home Ministry’s report if it is not found to be
satisfactory.
So can we take it that you have issued a letter to the Home Ministry concerning these missing
young men?
Definitely.
Our democracy is feeble and, on top of that, the governments are aggressive and obdurate. Is it
possible, under such circumstances, for a person to be ensured of his or her personal security?
Human rights violations occur when the state is somehow or the other involved in the violation.
In the case of an individual, when a violation of human rights occurs, we approach the ministry
connected with the concerned agency for a resolution. We even say that if a resolution is not
reached, we shall go into legal action on behalf of the victim. So no matter how weak the victim
is, we shall be by his or her side. We can file a case in court on behalf of anyone, against the
violator of human rights.
Generally speaking the heads of government have a lot of rhetoric in such cases, but the state
agencies like the police and others are extremely hostile.
To understand human rights, there has to be a finer perception. That is why the fundamental
objective of NHRC is to create a culture of human rights in Bangladesh. This cannot be done
overnight; it takes time. We have just begun.
You are very vocal in the media, but is there any indication that the government is responsive at
all?
The Prime Minister indeed attaches importance to the statements of the commission. We had
visited the Shishu Sadan and reported that the funds allocated for the orphans there was not
adequate enough to meet their nutritional requirements. After that the State Minister Shireen
Sharmin Chowdhury submitted a proposal to the Prime Minister and immediately the Prime
Minister raised the budget from 1150 taka per child to 1900 taka.
Then we visited the home for destitute girls and found that meals were cooked for 100 girls and
it was the little children who were working in the kitchen, cleaning, cutting, lighting the stoves.
All of this was totally inappropriate for such young children. On one hard we speak against child
labour and on the other hand the children of this home were involved in such work. This was
unacceptable. Upon learning this, the Prime Minister immediately ordered cooks to be appointed
to all 64 such homes situated in the respective 64 districts of the country.

Recently you were not permitted to enter the Sylhet Jail. The IG Prisons and the relevant
Secretary said that prior permission was required in this regard. Do you agree?
The IG Prisons had instructed his subordinates not to allow my entry into the prison. I think he is
unaware of the law pertaining to the National Human Rights Commission. They do not know
that we are empowered with the rights to inspect the jails. They should read the relevant laws.
When government officials visit the prisons, they inform the authorities in advance. That is the
tradition. But their visits and mine are quite different matters. If I announce my visit in advance,
I will not see the real picture of the prison. They will clean up the place in advance. The relevant
persons must be conscious about the stratus of the Human Rights Commission.
The IG Prisons informed me through officials of the Sylhet Jail that this time they couldn’t
permit me to enter, but next time if I let them know in advance, they would give me a grand
reception, guard of honour, garlands and all. I let them know I was not interested in any guard of
honour or garlands because that was not the function of the commission. Our function was to pay
surprise visits, observe any incongruities and report these to the government along with
recommendations.
This incident indicates that the government organs are not sincere concerning human rights.
They adhere to the old traditions.
This is true and I cannot disagree. They need to be much more conscious about human rights.
They need to study this.
Other than you the Chairman, there are six other members of NHRC. Some of them are quite
renowned personalities. But other than you, no one seems to be really active in the commission.
Any decision or policy adopted in the commission is done so based on discussion by the full
commission. In other words, the decisions are taken in presence of everyone. According to the
rules, the commission holds a meeting every two months. We do this regularly.
This sounds very bureaucratic, but human rights is more of a movement. It is a matter of
teamwork. If you could involve persons like Aroma Dutta or Selina Hossain actively, wouldn’t
that be more effective?
Among the members, one member is full time and the remaining five are part time. That is why
in our annual report to the President, we have stated that in order to fully utilize the experience
and skills of the part-timers, we need them to be full time members. We also have several
committees. You may not see them in the media, but they are working behind the scenes. Their
views are taken in each and every decision.
You were placed in this position as you were a pro-Awami League teacher, but now you are a
stern critic of the government. It is heard that some of the commission members are not pleased
with this stand of yours and that is why they are no very visible.
Certain extremely sensitive incidents have occurred in recent times, such the Limon incident, the
beating to death of six youths in Aminbazar and so on. The role of the commission in connection
with such incidents was decided upon by all the members together. The members even decide

who will be the spokesperson to communicate with the media. And I do not see the government
as an opponent and it is not my job to belittle the government. We are simply doing our duty.
Such allegations are not true. If indeed any members is unhappy with my role, that is
unfortunate.
You have pointed out several instances of human rights violations. Recently it was seen that a
policeman held a person under his boots and beat him up. Will you still say that the human rights
situation has improved?
If any organ of the state violates human rights, the government certainly must take responsibility.
The government can only be blamed, however, if it does not punish the guilty persons but adopts
a biased stand and remains silent about the violation. In this case the government immediately
suspended the policeman involved. This can no longer be regard as a violation of human rights
as the police committed a crime and will have to face punishment for this. Had no action been
taken against the policeman, then I could have said that the government or the state had violated
human rights.
The state is duty bound to protect its citizens
- Dr. Mizanur Rahman, Chairman, NHRC