The public perception of human security in Bangladesh is one of widespread violations, especially against the poor and disadvantaged, and of an inefficient, complex and corrupt criminal justice system. This report reviews human security and provides recommendations for change. It finds that ‘anti-poor’ elements of Bangladesh’s criminal justice system include the bail system, costly and cumbersome court procedures, and wide misuse of discretionary powers by the police. There is also a significant ‘implementation gap’ in the enforcement of existing laws due to police and court inefficiencies. Political leaders and the elite should ensure the implementation and monitoring of the whole criminal justice system, taking a multidisciplinary approach to address the multifaceted nature of human security.
Welcome efforts have been made to raise awareness of human security and human rights, and to increase the capacity and improve the efficiency of law enforcement agencies, the judicial system, traditional dispute resolution forums and community policing. Government efforts to improve the human security situation have included: the establishment of Law and Order Monitoring Committees (at national, District and Upazilla levels); the preparation of legal instruments to ensure the separation of the judiciary from the Executive; and plans to establish an independent Anti-Corruption Commission, a National Human Rights Commission, and an Ombudsman. Much more, however, remains to be done, and this requires political will. Findings and recommendations address the following areas.
- The legal framework for human security: Repressive laws have been misused by powerful sections of society. Key recommendations include: repealing the Special Powers Act (1974); reviewing and amending legislation relating to violence against women; amending provisions of the Criminal Procedure Code relating to bail; reviewing the out-of-date Vagrancy Act; and introducing clear rules and procedures for police power of arrest and investigations.
- Rights awareness and legal aid facilities: Non-governmental actors provide legal awareness campaigns and legal aid, but further action is needed, including: awareness-raising on the Constitutional rights relating to human security; coverage of human rights and human security laws in school curricula; and the establishment of a statutory legal aid authority.
- Recording and investigating human security violations: Legalistic policing approaches should be changed to community or service-oriented policing. Police training should be more oriented towards the concerns of vulnerable groups. Anti-corruption procedures should be strengthened, and police awareness of human rights and human security laws and the monitoring and civilian oversight of police services should be improved. Investigation procedures should be made more transparent and accountable, and a separate bureau of investigation should be established. Community policing should be introduced countrywide.
- Prosecuting and punishing human security violations: Political interference with the police and judicial officers should cease. Imposition of time limits for investigation and trial should be considered. Adequate resources should be supplied, a professional cadre of prosecutors should be created, and the number of (properly trained) magistrates and judges should be increased. Superior courts should regularly inspect subordinate courts and monitor follow up actions. The security of witnesses should be guaranteed.
- Human security in prisons: Outdated laws and procedures should be amended; separate prisons for female prisoners should be established; medical administration should be improved; training, working conditions and performance monitoring should be improved for prison staff; prisoners should be given training according to their individual needs; formal complaint mechanisms for prisoners should be established, and the visiting system reformed.
- Informal systems and village courts: Two-thirds of disputes do not enter the formal court process; they are either settled at the local level by local leaders or a village court, or they remain unsettled. Local dispute-resolution mechanisms cover both civil and criminal cases. Villagers prefer informal local arbitration (Salish) to the village courts, but this is very difficult to institutionalise. The village court has contributed to the maintenance of law and order in rural communities, but it has yet to live up to people’s expectations in terms of productivity and quality. Administrative and logistical support should be given to the village courts, and the informal Salish system should also be strengthened. Community policing should be used in villages, and ward-based law enforcement committees should be established.
- Violence against women and children: The Suppression of Violence Against Women and Children Act (2000) expanded definitions of rape and dowry and introduced offences of sexual harassment and sexual assault, but did not address domestic violence, and is not fully aligned with international human rights instruments. However, media reports of violence against women, children and vulnerable groups have increased awareness.
