Not so happy with the state

In the last six years, people saw one man running from one corner of the country to the other, visiting hospitals and orphanages, enquiring about the people oppressed and deprived of basic rights. Chairman of the National Human Rights Commission Prof Mizanur Rahman's tenure is going to be over on June 22. He shared his invaluable experience and insight with PORIMOL PALMA and RAFIUL ISLAM of The Daily Star at his office on Wednesday.

TDS: How do you evaluate Bangladesh's human rights situation between 2010 and now?

Mizanur: Human rights violations ultimately affect an individual or a community, not the whole nation on any particular situation. It might be that the individual is aggrieved and suffering. When the system overall is faulty, it leads to injustice. The question is whether and how we are addressing these two different dimensions of the human rights violations.

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If we look at it from the individual's perspective, our rate of satisfaction is quite high. When an individual comes with complaints of rights violations by state actors, it is for us to make the government agency or authority concerned accountable and try to address it. Take the case of Limon, for example. The NHRC took up the matter when this college-going student was shot point-blank by Rab. We fought for two years and then the government was compelled to withdraw all fabricated and false cases lodged by Rab against him. That was I think a litmus test for the NHRC and we passed the test, I think, in a manner that the number of extra-judicial killings in the country came down drastically.

However, another symptom emerged in the country -- forced disappearances. The rise in its number is a matter of concern. Whether there is a correlation between the reduction of extra-judicial killings and the rise of forced disappearances is something that the researchers have to find out.

However, the state actors are directly and flagrantly perpetrating and violating the human rights of the citizens.

There was noticeable change in the attitude of the state actors. When party politics is involved, the NHRC has more difficulties in playing a role. There we find that the executive response is rather at very low ebb.

Yesterday [Tuesday], we submitted our annual report 2015 to the president along with a memorandum where we gave a long list of pending cases concerning either extra-judicial killings or forced disappearances or custodial tortures.

Some of these cases have been pending for three to five years. We have been seeking reports repeatedly from the home ministry, but it did not even bother to send us any response whatsoever or even acknowledge the receipt of our letters. I think it is a disgrace for the home ministry that it did not pay any heed to serious questions that we raised about the safety and life and liberty of the citizens.

TDS: Dozens of free thinkers, bloggers and religious minorities came under attack and were killed in the last two years. How do you look at it?

Mizanur: The space for free thinking is shrinking not as much because of intervention by state actors as much by non-state actors. We immediately expressed our concerns and protested each of the killings and demanded the state take effective and quick action so that the perpetrators are brought to justice. But, we were not happy with the way the state responded.

On the contrary, we found some people holding high positions in the government coming up with statements, which in our opinion rather encourage, stimulate the killers than protect and secure the bloggers. So, the NHRC is very critical of what is happening.

On religious minorities or even a sectarian movement within a particular religion, we believe there are certain attempts from certain quarters to create instability, chaos in society and in the country. We think the state should have taken more safety measures and protective measure. Unfortunately, we have had words and statements but no noticeable action on the ground.

The way the religious minorities are being treated, I don't think the state response to that is adequate. If it goes on, I think within 15 years there will be no Hindus in Bangladesh. We don't want to see that Bangladesh which is of one particular religion and other religions would be ignored. Here the state has to take a more pro-active role that is visible.

TDS: How effective was the NHRC? Could it really bite?

Mizanur: Well … you see human right is something which makes a society civilised. Whether we are civilised or not can be measured on the basis of your respect towards human rights. If the recommendations we made are not respected, it shows probably ours is not yet a civilised country. However, if we claimed ourselves to be civilised, then whether I have the teeth to bite should not be the real question. Rather it should be whether my recommendations were taken seriously and with due gravity.

Yes I cannot bite but I can make noise. I can shout. When I shout my voice reaches to the farthest corner of the state. I must say that over the six years we have been extremely fortunate to have the support of the media to reach to people. And it has become so that when we name and shame someone, it really means naming and shaming that also has an impact in a civilised society.

In the world, you will see majority of the human rights commissions have recommendatory jurisdiction, not mandatory. On an occasion, I met the chair of the Canadian Human Rights Commission and asked what they do when their recommendations are not implemented. He just stared with big eyes and asked what are you talking about? He said how can you think that human rights commission has made recommendations and it is not respected?

That is the level of respect to human rights. It depends on the human rights culture. Our long-term strategy is to create a human rights culture. We are working on it.

TDS: The long-term goal is fine. But, addressing each violation of human rights is important. That's how violations can be prevented. Isn't it?

Mizanur: I completely agree. But you see if you talk about certain compliance that will lead to systemic change, it becomes very difficult. But when you talk about some individual cases, then compliance is there.

For example, if I tell the police or the home ministry, any custodial death must be reported to the NHRC within 24 hours with pictures and video, that is not complied. It is because it leads to systemic change and is a very sensitive area and probably they are deliberately taking too long … We are gradually progressing. It is slow and steady, and that gives us hope.

TDS: You are leaving the NHRC at a time when countrywide crackdown has just ended, and many innocent had allegedly been arrested and harassed.

Mizanur: If there is massive and mass arrest without distinction whether someone is really guilty or not, without having adequate evidence, even any kind of suspicion, I think that is a disgrace for the legal system of the country. I think the judiciary must be more careful, and there are certain situations where the judiciary probably has to come up with a proactive role, what we say judicial activism.

And, in this rare opportunity if judicial activism is not visible, I don't know any other situation where judicial activism should be more applicable. In such operations, at times if some innocent people are detained, they must be released at the soonest, and must not be tortured or harassed.

Dissenting opinion is the beauty of democracy. If there is no space for dissent, then democracy does not sustain. I also say you can have astonishing economic development, you can have infrastructural development, but it is not true development. True development always denotes human development, and it cannot happen without respect to and for human rights.

TDS: What did you find the most disgusting thing that you cannot accept?

Mizanur: It is the mindset of the bureaucracy, especially of the law enforcement agencies. They think that any critic of their action is done with malafide intentions only to disgrace them and so the human rights commission is not doing anything good for the country. We should be open to dissenting opinion, and that is what is lacking. That is a bit frustrating in the country's culture.

TDS: What has made you cry?

Mizanur: When I find that the state is so unresponsive to the very poor needy people of this country. When I see that an eighty-year-old lady comes all the way from Madaripur to the NHRC because her only one-room house was taken away by the land grabber and the law is of no use. No state institution is coming forward to protect this lonely lady. And there was none to see the human face of the lady. That is what brings tears to my eyes.

TDS: What reforms do you suggest to improve HR situation of the country?

Mizanur: There should be more civil society participation in the selection process of the commissioners. Now it is a seven-member commission, but only two are full-time, while the rest are part-time. Since they are part-time, it is very difficult for them to serve the commission full-time. Let it be a four-member commission, but they all should be full-time members so that they can properly concentrate on the work of the NHRC to make it a vibrant institution.

Independence of the NHRC must be preserved and respected at all levels. There is a tendency of the ministry of law, justice and parliamentary affairs to look at the NHRC as an institution that is subordinate to the ministry. Independence of the NHRC must be upheld both in spirit and practice.

For the state, I believe that the state must take necessary practical steps to establish the rule of law. In a weak rule of law or absence of rule of law, there cannot be any place for human rights.

TDS: Do you think justice was delivered to Limon?

Mizanur: No ... I don't think that. He has been relieved of the fabricated false charges, and that is only one part of justice, but that Limon has lost his leg, made disabled for the rest of his life. He should have been compensated by the state. We demanded it, but unfortunately this country is yet to establish this culture.

TDS: Did you take any initiative that you failed to achieve?

Mizanur: I wanted to involve and engage all the law faculty and students of the public and private universities to reach out to the furthest corners, to the remote villages of the country and carry the message of human rights and inform the people what the citizen rights are. But, I could not do it. Until and unless you are aware of your rights, you cannot claim your rights.

And you don't know if the state is at fault or not and whom you claim to and what you claim. Sometimes you simply become fatalistic. We don't want people to be fatalist. We want that every single individual of the country must reap the benefits of the Liberation War that gave us independence, the constitution and the fundamental freedom.

But, I was not able to do it.

TDS: What is your future plan?

Mizanur: I go back to Dhaka University and continue teaching. My hands-on experience has given me a new perspective of the real world. I also want to concentrate on writing books. And, finally if the state thinks that I can do something and that I am capable of, I can take a challenge.