Recent legislative initiatives by Bangladesh's interim government risk undermining fundamental freedoms: Human Rights Watch

Human Rights Watch said that instead of pursuing its pledge to reform the criminal justice system and bring accountability for serious abuses, the government, led by Nobel laureate Muhammad Yunus, is attempting to suppress the rights of supporters of Awami League party.

On May 12, the interim government ordered a "temporary" ban on the Awami League, using newly introduced powers under a draconian amendment to the Anti-Terrorism Act. The ban includes, among other actions, meetings, publications, and online speech supporting the party.

The draft legislation to address enforced disappearances, "which were widespread under the previous government", does not meet international standards and scarcely addresses accountability for past crimes, Human Rights Watch said.

"Sheikh Hasina's government abused legal powers to silence political opponents, but using similar methods against the supporters of her Awami League party would also violate those same fundamental freedoms," said Meenakshi Ganguly, deputy Asia director at Human Rights Watch. "The draft legislation on enforced disappearances, on the other hand, does little to advance justice or provide answers for the hundreds of victims and families affected by disappearances under Hasina's rule."

The release said that after three weeks of protests in which around 1,400 people were killed, Sheikh Hasina's government was toppled on August 5, 2024. The interim government led by Yunus pledged to restore democratic principles and respect for human rights before holding a free and fair general election. The new government has taken several positive steps, but these recent measures are disappointing, the release said.

The ban on the Awami League will apply until party leaders have faced trial for abuses committed during their 15-year rule, a process that could last years, thus effectively proscribing the party. The interim government has prohibited "all activities including any kind of publication, media, online and social media, any kind of campaign, procession, meeting, gathering, conference, etc. by Bangladesh Awami League," curtailing supporters' freedom of speech and association, the release said, adding that the Awami League, which has been active since before independence, has a wide base of supporters.

After the suspension was announced, the Election Commission stripped the Awami League of its registration.

Human Rights Watch said that those accused of committing crimes under Hasina's government should be appropriately prosecuted, but imposing a ban on any speech or activity deemed supportive of a political party is an excessive restriction on fundamental freedoms that mirrors the previous government's abusive clampdown on political opponents.

Already a wide range of people including actors, lawyers, singers, and political activists have been arrested on politically motivated murder charges, with prosecutors justifying the arrests by accusing them of backing the "rule of fascist Hasina," the release said.

On August 27, 2024, the interim government established a commission of inquiry to investigate enforced disappearances committed under Hasina's rule.

The commission has sought an extension until December 2025 to submit all its findings.

The release said that the proposed legislation on enforced disappearances does not mention any role for the commission's findings, and excludes enforced disappearances committed in a "widespread" or "systematic" manner, leaving them to the jurisdiction of Bangladesh's under resourced and controversial International Crimes Tribunal.

The priority should be to deliver justice for human rights violations, particularly unlawful killings and enforced disappearances, it said.

"There is widespread anger against the Awami League for the many abuses committed during Hasina's rule, but stripping supporters of opposition parties of their rights isn't a way forward," said Ganguly. "Instead, the interim government should ensure progress on revealing what happened to the disappeared and holding perpetrators accountable through fair trials." (ANI)