Rule of law in Bangladesh: Challenges and the way forward

This year has proven to be a significant turning point in the history of Bangladesh. It is marked by a seismic shift in the political order due to the fall of the Awami League government after 15 years, following a mass uprising and the installation of an interim government led by Dr. Muhammad Yunus. It has rekindled people’s hope for a Bangladesh where discrimination is a relic of the past, and every individual is afforded equal rights and opportunities. It has also revived the dream of a future where justice and fairness are not just ideals but lived realities, ensuring that all voices, regardless of gender, ethnicity, or social standing, are heard and valued.

However, the realisation of this dream is contingent upon establishing the rule of law in the country. At its core, the rule of law is the idea that no one is above the law, everyone is equal before the law, and all are entitled to equal protection under it. It provides a foundation for justice, equality, and accountability within a country, ensuring that both individuals and institutions are governed by the law and held accountable for any violations. The World Justice Project (WJP) defines the rule of law as “a durable system of laws, institutions, norms, and community commitment that delivers four universal principles: accountability, just law, open government, and accessible and impartial justice.” WJP has also identified nine factors for assessing the state of rule of law in a country. These are as follows: (i) Constraints on Government powers, (ii) Absence of corruption, (iii) Open government, (iv) Fundamental rights, (v) Order and security, (vi) Regulatory enforcement, (vii) Civil justice, (viii) Criminal justice, (ix) Informal justice.

Despite the rule of law being widely recognised as a defining feature of constitutional democracies and a fundamental prerequisite for establishing open, fair, and peaceful societies where citizens and businesses can prosper, it has received very little attention from policymakers in Bangladesh. We have seen no serious attempts from their end to identify and address the challenges that have weakened the rule of law over the years. Consequently, the rule of law has continued to decline in the country, as evidenced by the performance of Bangladesh in the WJP Rule of Law Index over the past decade. In 2015, Bangladesh was ranked 93rd on the index, but by 2024, it had dropped to 127th.

It is well-documented that rule of law is interconnected with peace, justice, and economic development. Improving the rule of law can foster peace and justice, while a weak rule of law can significantly hamper progress in these areas. Given the deterioration of the rule of law in the country over the past decade, it should come as no surprise that the state of peace and justice has also been far from satisfactory. In terms of peace, one major indicator of this is the declining position of Bangladesh on the Global Peace Index. There, in 2015, the country was ranked 84th, but by 2024, it had fallen to 93rd. Justice has also remained out of reach for many. The Judiciary is burdened with a backlog of 4.7 million cases and it is increasing at an alarming rate of approximately 200,000 cases each year. It is worth mentioning that, in the 2024 Global SDG Index, SDG 16 (promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels) is the only goal for which Bangladesh’s progress is reported as ‘decreasing.’

Thus, moving forward, it is of utmost importance that the key actors come together and take immediate steps to both identify and remove the challenges that have undermined the rule of law in Bangladesh. Acknowledging this, the Centre for Peace and Justice (CPJ), Brac University, has engaged with relevant stakeholders to identify and explore effective ways to address these challenges. As part of its efforts, CPJ recently organised a roundtable discussion titled “The Rule of Law in Bangladesh: Challenges and Way Forward.” The participants included a diverse group of journalists, academics, NGO and INGO representatives, lawyers, activists, university students, and other relevant stakeholders. This diversity led to a rich exchange of insights and perspectives on three key points.

The first point of discussion focused on identifying the factors contributing to the weakening of the rule of law in Bangladesh. Several factors were highlighted, including:

(i) Lack of accountability of law enforcement agencies.

(ii) Tacit political influence over the Judiciary.

(iii) Weak democracy.

(iv) Lack of legal knowledge among citizens.

(v) Lacklustre implementation of laws.

(vi) Inadequate allocation in the national budget for the Judiciary.

The second point of discussion focused on identifying the key challenges in improving the rule of law. The following challenges were identified:

(i) Decline in ethical values.

(ii) Inadequate attention to minority rights.

(iii) Power politics leading to state capture of institutions.

(iv) Lack of attempts to replace outdated laws and policies.

(v) Lack of institutional and individual accountability.

(vi) Insufficient awareness about rights and responsibilities among citizens and other key stakeholders.

The following recommendations were articulated:

(i) Conduct regular, evidence-based evaluations of the justice system.

(ii) Ensure that institutions uphold democratic norms and are able to operate without undue political pressure.(iii) Reform the education system to integrate ethics and integrity into the curriculum.

(iv) Foster social cohesion among communities.

(v) Reform and/or strengthen key institutions, including the Judiciary, the Election Commission, the Anti-Corruption Commission, and the National Human Rights Commission.

(vi) Modernise outdated laws and policies and ensure their proper implementation.

To conclude, it is important to emphasise that CPJ has previously held numerous Key Informant Interviews and Focus Group Discussions on related issues for other initiatives, during which similar challenges and recommendations were raised by the participants. Thus, we hope policymakers will treat these findings with the seriousness they deserve and take necessary steps to translate them into tangible actions. 

* Arafat Reza is a Research Associate at the Centre for Peace and Justice (CPJ), BRAC University. He can be reached at arafatrezabd@gmail.com