Sara Hossain in an interview with Star
Justice and accountability for the egregious human rights violations of the past is crucial, but the challenge lies in ensuring this is not done by repeating patterns of reprisal and retaliation, warned Sara Hossain, a senior lawyer at the Supreme Court, as she spoke about the role of political parties in protecting human rights.
"We are undergoing a transition from prolonged autocratic rule marked by severe suppression of civil and political rights," she said, noting that the former ruling party captured key institutions and repressed opponents through enforced disappearances, extrajudicial killings, restrictions on expression, and pervasive surveillance.
"Judicial harassment was a key tool for political repression, complementing the role of security and law enforcing agencies in suppressing fundamental rights.
"All of this was met with blanket denials from the ruling party and its allies, and strategic silences from aligned civil society groups who continued to assert that any change in the political order would disrupt the march of development. Some remained silent even in the face of the mass killings of July."
She said they also deny the findings of the OHCHR's Fact Finding Mission while selectively citing its recommendations.
"One of the most positive changes we have seen in the past year following the July uprising is the unequivocal condemnation by political parties -- other than the Awami League -- of the most horrific violations of the past years, in particular enforced disappearances, and their unanimous pledges to ensure such cases never recur."
But even as women led these campaigns, she said, they are now being pushed out of public life, facing increased denigration and continued denial of their right to equality.
"Human rights encompass not only the rights to life and liberty, but also equality and non-discrimination, alongside economic, social and cultural rights. Beyond the July Charter's promise 'to expand rights', the parties have not clarified their positions on addressing discrimination or promoting inclusion.
"We are also observing a cycle of revenge politics and the parties are, in too many cases, part of initiating and fuelling this process."
"Under the last government, many members of opposition groups were criminalised and faced the full force of the law simply for exercising their right to support a political party other than the ruling one. Many know they will likely never have their suffering acknowledged or receive justice. They could have been at the forefront of changing these practices, yet some are now accused of perpetuating them by using legal processes to retaliate against political opponents."
Hossain said members of previously allied parties are also resorting to "lawfare" against one another.
She noted that parties continue to use draconian laws -- many from the colonial era -- including those related to "hurting of religious sentiments" against their opponents.
"Emerging from a prolonged period of autocracy, many had hoped to see significant efforts to rebuild the criminal justice system. Disturbingly, we are seeing renewed use of laws long known as tools of repression and applied again to harass political opponents, including laws on sedition, terrorism, defamation and 'hurting' religious sentiment. These laws are also being used to threaten civil society.
"During the AL-era, the jailing of baul singers like Rita Dewan and Shariat Boyati on trumped-up charges of 'hurting religious sentiment' was clearly considered an abuse of process. Should the arrest and incarceration of Baul Maharaj -- following a case filed by a political party member, among others -- now be seen any differently?"
Hossain called it "unfortunate" that parties have failed to ensure meaningful participation of women and diverse groups in consultations and political actions.
"We've seen renewed patterns of targeting vulnerable groups," she said pointing to recent public commitments by some political figures about declaring Ahmadiyyas as non-Muslims.
"When the chief adviser first took office, it was heartening to see how he firmly condemned the attacks and intimidation of Ahmadiyyas. Unfortunately, some political leaders have made disturbing public statements threatening this community, in derogation of their own constitutional duties to respect the rights of others."
She stressed that Bangladesh is a country of people of diverse faiths and beliefs, shaped by progressive interpretations of rights through legal changes, court judgments and social mobilisation. "It's crucial to build a common political agenda and consensus about driving this process forward. Consensus is needed to move away from our culture of retaliation and denial, and to instead foster tolerance of offence and enable genuine dissent.
"We have seen a clear regression in women's visibility in public dialogue and discourse, accompanied by a sharp rise in visible misogyny, especially online."
She added that while women's rights are constitutionally guaranteed, political parties have yet to commit to many recommendations made by the Women's Affairs Reform Commission. "Some have not only rejected these, but sought to threaten and vilify the commission's members."
Hossain underscored the need to address the demands that catalysed the uprising. "How are the demands of the anti-discrimination movement reflected in the current political consensus or in different parties' demands? How are inclusive practices being built?" she asked.
She noted that although disinformation campaigns and "gross lies" have been spread about the state of minorities, "the lies being told does not mean there are no underlying facts".
"A consequence of that is, when we see attacks on indigenous people, women or religious minorities, we see a denial or dismissal -- a minimisation of their ordeal."
Hossain also criticised the failure of political parties to take strong action against mob violence. "Unless political parties set some red lines, we will see these shifts -- in intolerance, discrimination and exclusion -- becoming more deeply entrenched."
She said it is imperative to stop dividing and excluding people from participation in public or political life or access to opportunities, based on political or religious belief or other identity.
"Promises of constitutional and institutional reform will mean little unless we see political actors play a strong role to call out and change the culture of violence and denial that we have seen in the past.
"This means political parties need to stand up against the reiteration or reflection of past practices, to break the cycle of revenge. Will this happen?"
Human Rights Day and the Universal Declaration of Human Rights
Human Rights Day is observed annually around the world on December 10. It commemorates the anniversary of one of the world's most groundbreaking global pledges: the Universal Declaration of Human Rights (UDHR). This landmark document enshrines the inalienable rights that everyone is entitled to as a human being - regardless of race, colour, gender, religion, sex, language, political or other opinion, national or social origin, property, birth or other status.
The Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 and sets out, for the first time, fundamental human rights to be universally protected.
