Professor Dr. Mizanur Rahman talks with the First News about ...

Professor Dr. Mizanur Rahman talks with the First News about Contemporary Human Rights Issues in
Bangladesh
Professor Dr. Mizanur Rahman, Chairman, National Human Rights Commission
Professor Dr. Mizanur Rahman was appointed chairman of Bangladesh Human Rights
Commission in June 2010. He was a professor and chairman of the Law Department at Dhaka
University prior to his appointment. He joined the University as an assistant professor in 1989
and has published a significant number of articles in research journals at home and abroad.
Dr Rahman is the founding coordinator of Professional Legal Education in Bangladesh, a legal
education initiative of Bangladesh Bar Council. He also has pioneered and designed a range of
innovative and practical courses on human rights for the Council. He has been a consultant to a
number of national and international organizations including Government of Bangladesh, World
Bank, UNDP, UNICEF and ILO. He has also served as a visiting professor at several universities
in Asia, Europe, the Americas and Africa.
Rahman is a Fulbright scholar. He achieved a postgraduate degree in Comparative Legal System
from Stockholm University. He also obtained LL.M., PhD and a diploma in journalism
from the Friendship University, Moscow. He was awarded the prestigious 'Professor N.R.
Madhava Menon Best Law Teacher Award" in 2010. He has been appointed the NHRC
chairman for a second term in June 2013. Irin Khan interviewed Dr Mizanur Rahman on behalf
of First News. Excepts:
FN: How do you evaluate your role as head of the human rights watchdog in Bangladesh? What
are your achievements?
MR: As the chief of a national institution like the National Human Rights Commission (NHRC),
established for the first time in the country, I believe my role is both crucial and critical. From
the very beginning of assuming this responsibility I have been trying to live up to the
expectations of the people, of course within the bounds of the law, specifically the National

Human Rights Act 2009. In that sense I would say NHRC has been able to bring at least a visible
change in the human rights culture in the country. We probably should have done more with
regards to forced disappearances and extrajudicial killings. But those kinds of issue need political
and national commitments. NHRC alone cannot address these human rights challenges no matter
how hard and honestly it may try. If you go through our strategic plan for 2010-2015, extra
judicial killing and forced disappearances, in other words, violations by the state actors and the
state mechanism, have been identified as one of the key concern areas requiring NHRC
intervention. However, I would like to say that our effective intervention so far has visibly
reduced the number of extra judicial killings compared to the previous years. Forced
disappearances still remain an alarming subject. We are putting our efforts to address this
problem.
FN: How independent is the Human Rights Commission? How much interference do you get
from the government?
MR: It depends on how you look at independence. Unfortunately there is a general perception
that no commission or institution is independent in this country, and I totally disagree. From the
day one, we have made sure that NHRC is a fully independent state institution and not a
government institution. We are accountable to the country via its president. Independence needs
some practical elements. For you to be independent, you need adequate human resources,
financial resources and logistics. There is no denying that we are inadequate when it comes to
fulfilling these requirements. There has not been a single instance of government interference in
NHRC—not a single call from a minister, government officials or prime minister's office.
FN: You have been recently criticized over the Limon issue. How do you defend yourself?
MR: From day one, we, for obvious reasons, sided with Limon, demanding withdrawal of false,
fabricated cases filed against him. We also demanded compensation for the loss of his leg, which
he has to bear for the rest of his life. So for obvious reasons we were against the authorities. It
has been alleged that I have recently asked Limon to withdraw his case against RAB. That was a
misunderstanding. There was no proposal for compromise from my side. After the government
withdrew cases against Limon, he came to my office and in front of the press he did not mention
even for a single time that I had asked him to withdraw the case. The reporters printed the story
without even bothering to check the facts with me.
FN: Your critics say that your words are seldom followed by actions. Is it true?
MR: The nature of my job entails that my words are also actions. You see, I have to build
awareness of human rights in a society where it is little understood. We did not have a human
rights commission before. It is a new thing. So I have to show emotion to rally people around it.
Emotional commitment is the first step to action. I cannot just get things done by asking or
ordering. I have to convince people, and get them imbued with the right set of values before they
will take human rights issues seriously.
FN: NHRC as a human rights defender and promoter has not taken any steps or issued any
statements on the killing of Hefazat-e- Islam activists on May 5. Why?

MR: We must be very cautious in making a distinction between human rights violation and law
and order situation. Law and order situation is something, which is within the ambit of the law
enforcement agencies of the state. If the law enforcement actions trespass the due process of law
or the abuse of authority, then it amounts to human rights violation. Then the question is whether
what happened on May 5 crossed that limit. Even when there was allegation that a good number
of citizens were killed and shot down by the law enforcing agencies, we made an appeal that
anyone who thinks his/her relative was shot dead or has gone untraced, should come to us to
lodge a complaint to the NHRC so that we can investigate the case of human rights violation and
come up with the findings. Let me state, till today we did not receive a single complaint from a
single citizen alleging his/her relative/friend/ acquaintance has been missing or got killed.
FN: But one NGO named Odhikar has claimed that they have a list of 61 people who were killed
that night?
MR: That is true. They claim there has been 61 deaths but they could not come up with even 16
names. They were still digging. So NHRC cannot act upon mere suspicion or hearsay. We must
have concrete evidence or complaint based on which we can act.
FN: Do you believe Hefazat members were killed that night? If yes, do not you believe you had
a role in protesting those killing?
MR: I do not know the answer for sure. I have already said it. Right on that day I was in Geneva.
I heard from a Bangladeshi expatriate there that 25,000 people were killed that night. I was
shocked to hear that but then I realized that number had no basis. You see people were
speculating all kinds of numbers but I am yet to see hard evidence. What happened to the dead
bodies if so many were killed indeed? And the stains of blood flowing from that many bodies
could not be washed that quickly.
FN: Amongst the developing countries, Bangladesh has one of the most dismal human rights
record. How do you plan to change that impression?
MR: At the very outset I would disagree with the first part of the question that human rights
situation is amongst worst in Bangladesh. Probably you are not aware that there are many
countries in the world where human rights is far worse than in Bangladesh. For example,
Burundi, Somalia, Ethiopia, Pakistan, Guatemala. I can give you hundred names straightaway. If
we have got issues, we have also got success stories to be proud of. Bangladesh has achieved
tremendous success in improving socioeconomic rights and that success has been acknowledged
internationally of which our reaching MDG goal two years ahead of time is but one example.
NHRC has different groups or cells working on various issues. For example, Child Rights Act
2013 has been enacted. We made a good number of suggestions and recommendations of how it
should be adapted, and developed. And those have been incorporated in the new legislation.
FN: Do you have any particular suggestion regarding effective functioning of the country's
autonomous commissions so that those can work more effectively for benefit of the common
people?

MR: I do not know about the other commissions, but NHRC has been functioning and acting
quite independently. But for us to be independent, we need adequate human resources, financial
resources and logistics. Whatever law we have, we can act within those far more effectively if
we have more resources. The other commissions should know better how to become more
effective. I cannot judge them.
FN: Women and children are particularly vulnerable to human rights violations. We know the
present laws are not enforced or the social condition has not yet given the weakest the
opportunity to get justice. What are your observations and suggestions in this regard?
MR: The poor and the weak always pay a greater price for everything. They are the hardest hit
segment of the population, most vulnerable and marginalized. Keeping this in mind, we have
special cell in NHRC to address issues involving women and children. And the cell has been
functioning in collaboration with a number of NGOs and international donor agencies. We are
also dealing on women's rights with special focus on indigenous women. The challenges are
tremendous. NHRC is only a three-year-old organization, and you cannot expect it to solve all
the woes and troubles within such a short time.
FN: Have you done enough to deserve a second term in your position?
MR: Whether I deserve or not, I have been given a second term. In the first term I have built the
framework of the organization and tested some of its policies on the ground. I also believe that I
have put NHRC on the map of this country. People know the organization and they also talk
about it; may not do so always in the positive sense. The commission has earned trust and
confidence of the people. Here people do not have to pay single penny to lodge a complaint or to
get some of our service. Anyone can enter our office anytime during the working hours in any
dress. I doubt if any other commission in the country offers such an open-arm privilege to the
common people.
FN: What do you think about the present political stalemate? Do you believe the country is
heading for a confrontation?
MR: As the chairman of the NHRC, I cannot comment on the political situation. But this country
has a historic legacy of confrontational politics. At least that is what we have seen for last few
decades. We should come out of that confrontation culture and reach national consensus on
certain fundamental issues. One of the cardinal issues is respect for human rights. Human rights
is not safe without democracy. Democracy and human rights are two sides of the same coin.