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Anti-Discrimination Movement

UN team due today to discuss probe framework of killings

Published : Thursday, 22 August, 2024 at 12:00 AM  Count : 142
A three-member UN fact-finding mission will arrive in Dhaka today (Thursday) to start its primary work for investigating the killings and atrocities that took place during the recent student protests.

This will be the first time the UN is sending a fact-finding mission to Bangladesh since its independence in 1971 to investigate widespread human rights abuses in the country.

Fact-finding missions have been sent by the UN to a number of conflict areas over the past 50 years, on a case-by-case basis. There are legal and political parameters for fact-finding, which provide a basis for more comprehensive use of this tool, particularly by the UN Secretary General.

"The United Nations is sending a UN fact-finding team to probe atrocities committed during the Student Revolution in July and early this month. UN human rights Chief Volker Turk announced the move when he called Chief Adviser Professor Muhammad Yunus," the Chief Adviser's office said in a post on X recently.

Meanwhile, Volker Turk assured his support and said an inclusive, human rights-centred approach will ensure the transition succeeds.

"The Foreign Ministry is ready to provide all kinds of support to the UN team," Foreign Secretary Masud Bin Momen said on Wednesday. 

 According to available public reports by the media and the protest movement itself, between July 16 and August 11, more than 600 people were killed. 

Volker Turk in a post recently has said "Promising phone call with @ChiefAdviserGoB Muhammad Yunus. I assured him of @UNHumanRights Office's solidarity with the people of #Bangladesh & our support to the interim govt at this pivotal time. An inclusive, human rights-centred approach will ensure this transition succeeds."

Chief Adviser Dr. Muhammad Yunus said Human rights will be the cornerstone of his administration and the protection of every citizen is the top most priority of the government, Muhammad Yunus, who has sought UN cooperation to uphold human rights.

Meanwhile, the International Crimes Strategy Forum (ICSF) has urged the UN rights body to investigate events which took place both before and after August 5.

The ICSF has written a letter to UN High Commissioner for Human Rights Volker Turk seeking his initiative in this regard.

"Given the UN's intention to help Bangladesh with the transition, we believe that the investigations should look into the events which took place both before and after August 5," the letter reads.

The organisation mentioned the killings of students and other civilians, the targeted attacks on, and killings of, law enforcement agents (LEAs), the revenge attacks on, and killings of, people affiliated with the party led by the former Prime Minister, targeted attacks on religious minorities, indiscriminate attacks on culture and heritage, attacks on free speech and press freedom, targeted attacks on genocide researchers, cultural activists, free thinkers, attacks on judicial independence, purge of academics and officials of a certain political ideology by unruly mobs, breach of constitutional processes, and the widespread destruction of state properties.

The OHCHR is sending a team to Dhaka to explore areas for assisting Bangladesh's transition and discuss the modalities for an investigation into human rights violations in the context of the recent violence and unrest.

The ICSF welcomed this offer of assistance from the OHCHR.

It is imperative that the events of the last month or so in Bangladesh be investigated by a neutral and impartial authority.

"We believe that without such international oversight and/or involvement, the investigations could be non-transparent, incomplete and lack the necessary credibility," ICSF said.

ICSF's Concerns and Suggestions Regarding UN's potential involvement:
1. Given the continuous and connected chain of events over the last four weeks or so, the UN should not limit its investigations with any arbitrary cut-off date. We learnt from media reports that the Law Advisor of the Interim Government Dr Asif Nazrul wants the UN to look into events "only" up to August 5, 2024.

2. The UN should disclose, in advance, the methodology to be used for conducting the investigations. 

This is crucial as, given the prevalent climate in Bangladesh, unless proactively approached by the UN with guarantees of security, many stakeholders and/or witnesses may not feel safe enough to come forward to offer their insights, testimonies, and/or evidence. In any event, the investigation should not be limited to the interviews of a few people or analysis of media reports alone. Rather, the UN should consult all affected groups (including LEAs and security forces), conduct forensic examinations, collect and analyse audio visual and ballistic evidence etc. Additionally, the UN should be weary of disinformation and misinformation, and should be cautious regarding the authenticity of each and every evidence.

3. In order for the investigations to be effective and credible, it should not be hurried and should afford itself ample time to examine the various testimonies and evidence.

4. The identities and areas of expertise of the UN personnel conducting such investigations should be disclosed in advance to generate confidence in the quality of the investigation. Furthermore, any capacity, resource or other limitation on part of the UN investigation team should also be disclosed in advance.

5. The UN should also look into previous investigative and accountability initiatives started during the last government, including a departmental inquiry initiated by Bangladesh Police looking within two days into the death of student Abu Syed on Rangpur on July 16, a judicial inquiry commission set up on July 18, and a National Public Inquiry Commission formed by eminent citizens on July 29, 2024.

 ICSF believes that, while abruptly halted due to regime change, these initiatives could also offer invaluable insights into the subject matter of the UN investigation.

6. The current spate of cases against members of the previous government, often with no discernible links between the accused and the subject matter, whether filed in police stations or courts, do not complement the initiative to undertake a UN-led investigation. It is therefore important that the UN stresses to the interim government that prosecutions should follow proper investigations, and not the other way round.

7. The UN must note that this potential investigation would not only carry legal significance in terms of ensuring accountability for wrongs committed, but also carry huge political significance in the days to come towards lasting political stability and peace and put an end to the culture of politics of revenge. Without such a vision to guide itself, the UN may risk being used as a tool for political suppression.

8. It is crucial that the UN or UN-led investigation be part of a broader reconciliation and healing process, and not simply provides the basis for the interim government in Bangladesh to summarily dispense penal measures against offenders, further perpetuating the politics of revenge.

The ICSF has undertaken an initiative of its own titled "Bangladesh Conflict Watch" to document each and every incident which took place in Bangladesh in the last five weeks surrounding the Quota Movement and thereafter, with the aim to provide a complete picture of the recent violence and unrest in Bangladesh.

ICSF volunteers its assistance to, and meaningful engagement with, the UN investigation.

The UN human rights office has said around 250 people were reportedly killed following the new wave of protests between August 5 and 6.

The number of reported killings in revenge attacks since that time still remains to be determined.

Of these, nearly 400 deaths were reported from July 16 to August 4, the UN rights body in its report titled "Preliminary Analysis of Recent Protests and Unrest in Bangladesh."



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