Dhaka to join int’l convention for protection from enforced disappearance

Bangladesh has been subject to criticism in the international arena over the allegations of state-sponsored enforced disappearance for over one and a half decades.

The issues came to limelight once again following the release of several people from a secret prison known as ‘Ayanaghar' or 'The House of Mirrors’ after a long time following the fall of the Sheikh Hasina government.

Relatives of the victims of enforced disappearance have long been demanding justice over such human rights violations, but it did not work out.

The incumbent interim government will join the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), and Dhaka wants to sign the convention before the next International Day of the Victims of Enforced Disappearances, to be marked on 30 August.

The United Nations High Commissioner for Human Rights Volker Turk is likely to visit Dhaka in September and the government is giving special importance to joining the conviction before his visit.

Foreign secretary Masud Bin Momen told Prothom Alo that the matter of joining the convention for protection from enforced disappearance has been finalised without any objection from the government’s ministries and various agencies concerned.

Diplomatic sources from Dhaka and New York said Dhaka will send a letter to the United Nations secretary general’s office on the joining of the international convention for protection from enforced disappearance.

Since the convention is attached to the UN Human Rights Council, the UN secretary general will forward the letter to the Office of the United Nations High Commissioner for Human Rights (OHCHR) for the next steps.

According to the statistics of the rights body Odhikar, more than 700 people fell victims of enforced disappearance over the last 15 years and over 150 of them are still traceless.

Sanjida Islam, coordinator of ‘Mayer Daak,’ a platform for the families of those who have been victims of enforced disappearance, told Prothom Alo, “We have long been demanding that people responsible for enforced disappearance be held accountable. Since Bangladesh is joining the convention for the protection from enforced disappearance, we are hopeful we will get justice. We expect the government will now form a commission and will ensure justice to all incidents of enforced disappearance.”

The UN General Council adopted the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) in 2006. It entered into force in December 2010 with 32 countries endorsing it. Currently, 75 countries join the convention. The convention aims to prevent enforced disappearances and combat impunity for the crime of enforced disappearance, as well as to establish the right of any person not to be subjected to enforced disappearance, and the right of victims to justice and to reparation.

Bangladesh has so far signed eight out of nine UN conventions on human rights. The UN has long been asking Bangladesh to join the international convention for protection from enforced disappearance, but Dhaka did not join it. The interim government wants an end to a culture of enforced disappearance, which is why they are going to sign it.

According to foreign ministry sources, two inter-ministerial meetings were held over the signing of the convention for protection from enforced disappearance at the foreign ministry last week, and a final decision on joining the convention came from the meeting. Now it will go under the law ministry’s vetting process, which will followed by the decision of the advisory council, and Bangladesh wants to send a letter to the UN before 30 August to join the convention. Dhaka will also sign other necessary agreements later. The UN will play a role in holding the government or any government agency accountable for state-sponsored enforced disappearances once a country joins the convention.

Regarding this, foreign secretary Masud Bin Momen said, “The International Day of the Victims of Enforced Disappearances is on 30 August. The government aims to join the convention before that day. We held two inter-ministerial meetings last week and it has been unanimously decided at the meetings that Bangladesh will join the convention without any reservation.”

Replying to a query on whether any commission would be formed, he said the government would form a commission to ensure investigation and justice to enforced disappearance.

Diplomatic sources in Geneva and Dhaka said talks are underway between the Bangladesh government and the OHCHR to arrange the visit of Volker Turk in the second week of September. Meanwhile, the UN is going to join the investigation into torture and killings that took place during the Students Against Discrimination movement and the student-people moment at the request of Bangladesh. Besides, the global body will also join the process of upholding democratic practices and human rights in Bangladesh.

The visit of Volker Turk is very significant. Sources said Volker Turk will also discuss with the chief adviser to the interim government Muhammad Yunus, in which aspects the UN can join Bangladesh in future.

A three-member UN by Rory Mungoven, chief of the Asia-Pacific Region with the Office of the High Commissioner for Human Rights, is currently in Bangladesh to set a framework for the fact-finding mission that would investigate the killings and rights violations committed during the student-people movement. The delegation held meetings with various stakeholders including several advisers of the government, officials of foreign and several other ministries, leaders of student mass uprising and representatives of civil society. The delegation will hold another meeting with the foreign ministry before leaving Dhaka.

According to several sources, the delegation held a primary discussion on the modalities of the UN investigation mission, as well as on the involvement of the UN Human Rights Council in democratic reform. The decision will be made on the UN's involvement in the investigation and reform process based on the report of the delegation.

A UN source from Geneva said another UN delegation is preparing to visit Dhaka.

The International Convention for the Protection of All Persons from Enforced Disappearance has 45 articles. A committee constituted of 10 UN member states supervises the implementation of the convention, as well as reviews various reports of the signatory countries.

Article 33(1) of the convention states, “If the Committee receives reliable information indicating that a State Party is seriously violating the provisions of this Convention, it may, after consultation with the State Party concerned, request one or more of its members to undertake a visit and report back to it without delay.”

However, many signatory countries do not abide by this certain section. Any UN member country which signs the convention can inform the UN they will not obey ‘certain or several articles’ of the convention.

Sri Lanka and Maldives are the countries in South Asia which have ratified the convention, and that means they enforce it as a part of their internal laws. India signed the convention but did not ratify it. Besides, France is the lone country among five permanent UN Security Council members that ratified the convention.

Regarding this, former permanent representative of Bangladesh to the UN Offices in Geneva Mohammad Sufiur Rahman Bangladesh's signing of the international convention for protection from enforced disappearance is not only related to upholding human rights it also involves various issues like establishment of rule of law, democratic practices and social justice. As a result, it Bangladesh should have taken some time to join the international convention, considering the relationship with various countries in the international arena along with the UN, he added.

This report appeared in the print and online editions of Prothom Alo and has been rewritten in English by Hasanul Banna