The belief that NHRC carries the voice of the masses has been shaken

Law Desk (LD): How would you evaluate the overall situation of human rights compliance in Bangladesh right now?

Mizanur Rahman (MR): The human rights situation in the country has experienced ups and downs over the years. There were times when we were quite pleased that a certain degree of human rights compliance was being maintained, especially in a developing country like Bangladesh. However, there have also been times when the condition had deteriorated. In my opinion, this cannot be linked to any specific political regime - with all governments over the years, we have had some challenges. Right now, we are at a critical period, due to the difficulties posed by the COVID-19 pandemic. Although urban and district areas have been coping somehow, rural areas have been left entirely at the mercy of the Almighty. It is interesting to note how many people in impoverished classes have been found to assert that the COVID-19 is a disease for the rich, and not for them. While this may be construed as ignorance, it is also a reflection of their helplessness and attitude towards the system in general. It is indeed saddening that even after nearly 50 years of independence, the impoverished people are left behind.

Moreover, the pandemic has clearly revealed the fragility and inadequacy of our healthcare system. Although there was a shortage of necessary equipment, in response to the Honorable PM's question, not a single member of the local authorities said that they were unprepared. But when the pandemic hit, the real scenario became apparent. For these reasons, it is crucial that we develop a system of transparency and accountability wherein the authorities may be held accountable. 

The group that is facing significant difficulties during these challenging times are the human rights defenders as well. It is important that the human rights defenders and journalists get the space within which they can do their part in upholding democratic governance. This is particularly relevant in the light of the recent decision of the European Union of including human-rights compliance as a requirement that must be met in order to receive development aid and GSP facilities from EU member states.

LD: How do you evaluate the criticisms that the National Human Rights Commission faces on a regular basis?

MR: This is a delicate question – especially because there was a time when I led the organisation too. It saddens me to say that NHRC has not lived up to our expectations and played the role that it ought to have performed, particularly keeping pace with the needs of the current times. The people have not heard much from the NHRC during the recent incidents of human rights violations. The belief that NHRC carries the voice of the masses has been shaken and people are doubtful of its relevance.

In the past, although there may have been some failures, people knew, at least to some extent, that they could reach out to the NHRC with their grievances. This public confidence has weakened significantly. This is also true for other government institutions as well. When the organisations that are essential for the flourishing of democracy weakens, it poses a grave risk to the overall human rights compliance situation within the country. It is important that we evaluate where we stand in this regard.

LD: Are the constraints mostly practical or legal?

MR: One of the reasons behind the shortcomings of the NHRC is the National Human Rights Commission Act itself. The law has significantly reduced the powers and functions of the NHRC. When we were first evaluated by the Global Alliance of National Human Rights Institutions (GANHRI) (which at the time was known as International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights), we received a B status which reflects partial compliance with the Paris Principles, despite tremendous works, research and publications. The resolution identified the weakness of the law, especially with regard to the composition of the Selection Committee. It stated that the Selection Committee is largely a governmental composition with no effective representation from civil society. The resolution also mentioned that since the funding for NHRC comes through the Ministry of Law & Justice, NHRC is made financially dependent upon the Ministry. Financial independence is an essential aspect of the autonomy of the NHRC as an institution which is now constrained. Another important aspect is that of transparency in the selection process. An amendment was proposed wherein the provision of inviting opinions from the people was sought. This has not yet come to fruition, but in my opinion, there should be proper scrutiny of possible candidates.

Furthermore, in cases of violations by law enforcement agencies, NHRC can merely ask for a report from the Ministry of Home Affairs and provide recommendations. This often translates into delays in receiving responses and lack of follow-ups from the Ministry. Besides, the NHRC has a dearth of skilled workforce which affects its efficacy to a great extent. All these have contributed to the current perception of people towards the NHRC. In 2019, the HCD observed that NHRC has become a club of retired bureaucratic officers. This is indeed disappointing.

LD: Is there any scope to still meaningfully contribute despite the constraints?

MR: There indeed is. A lot also depends on the leadership skills of the individuals who run the institution. Building a capable team and leading them in the right direction is a crucial aspect of making NHRC effective. The NHRC should be led by people whose hearts bleed for the less fortunate and who can drive the organisation with passion and dedication.

We must remember that the robust presence of the NHRC can enhance the image of the country in international platforms. Therefore, it is imperative that the present role of NHRC be examined and a system be established wherein it can realise its fullest potential. Therefore, proper amendment of the law to ensure the autonomy of NHRC is crucial.

LD: The 2020 theme for Human Rights Day is Recover Better - Stand Up for Human Rights. Would you please share your thoughts on this?

MR: In the past few years, the US President Trump has caused serious damage to human rights and international relations. At the UN podium, he stated that the future belongs to the patriots (implying the ultra-nationalists, chauvinists) and not the globalists. This worked as motivation for countries around the world. As a result, authoritarianism has engulfed democratic governance across many states of the world. The COVID-19 has made inequalities more prominent - richer countries are already accessing vaccines but other countries are being deprived. This is antithetical to the principles of international cooperation and sovereign equality.

Now we need to rise above the past weaknesses, recover and stand up for our and others' rights. We need human rights defenders who shall be the voice for the voiceless and the strength of the weak.

LD: Thank you for your valuable time.

MR: Thank you.