UN Reform
UN Human Rights Council
Bangladesh's pledge for the membership: The question of credibility
Ahmed Sayeed
After the swift funeral of the stinking 'UN Human Rights Commission', a new council is being formed with the name of 'Human Rights Council'. The 191 Member States of the United Nations will vote on 9 May to elect the 47 members of the Council.
A total number of thirteen members are to come from Asia. Many of the Asian states like Bangladesh, India, Pakistan, China, South Korea and Japan have already publicly declared their interests as potential members of the new HR Council. As required by the General Assembly Resolution on the Council (A/60/251, paragraph 8), Bangladesh has made a 17-point public pledge to support its candidacy. But the pledges made by Bangladesh falls short of substantive steps forward to ensure effective promotion and protection of human rights domestically and internationally. Let's look at some of the points of the document (PMBNY/Elections/HRC/06, New York, 13 April 2006) and compare it with the ground reality-
In pledge no 5, it has been mentioned-'Remain prepared to be reviewed under the universal periodic review mechanism'
In Pledge no 9, Bangladesh has mentioned-'Strengthen its efforts to meet its obligations under the treaty bodies to which she is a party'
Bangladesh is making such commitment when seven of her reports are overdue. Following chart will show the details -
Treaty |
Type of report |
Number of years overdue |
| ICCPR |
Initial report |
5 (due November 2001) |
|
ICESCR |
Initial report |
6 (due June 2000) |
| ICERD |
12th periodic report |
4 (due July 2000) |
| |
13th periodic report |
2 (due July 2004) |
| CAT |
Initial report |
7 (due November 1999) |
| 2nd periodic report |
3 (due November 2003) |
| CEDAW |
6th periodic report |
1 (due December 2005) |
In pledge no 11, Bangladesh committed to 'Continue to cooperate with the special procedures and mechanisms of the'
The reality is quite contrary with this claim. The Special Rapporteur on the right to freedom of opinion and expression made her request in 2003 and the Special Rapporteur on adequate housing in 2005 for country visit, which are still pending.
Bangladesh is still in the place to ratify the two optional protocols to the ICCPR (individual communications and abolishing the death penalty), Declaration under article 14 of CERD, Declaration under article 22 of CAT (both on individual communication), ILO Convention 138 (Minimum Age Convention). Moreover Bangladesh did not make any pledges to remove the present reservations. Bangladesh has made reservation on Article 14, ICCPR (no trial to be permitted in absentia), Article 2 (principles of non discrimination and elimination of discrimination against women) and 16 (c) of CEDAW, Article 14 (freedom of thought, conscience and religion) and Article 21(procedures for the adoption of a child) of CRC Bangladesh did not pledge to support any new treaties. To prove its strong commitment to the promotion and protection of human rights it should commit itself to the speedy approval of the draft Convention for the protection of all Persons from Enforced or Involuntary Disappearances and the draft Declaration on the rights of Indigenous Peoples which are on the table for a couple of years.
Many countries have issued stronger commitments that they will undertake as a member of the council, such as:
Issuing standing invitations to the Special Procedures;
Improving opportunities for contributions to the Council by NGOs;
Ratifying all core human rights treaties;
Submitting the reports to the Treaty Bodies within the deadline and ensuring the follow-up to the recommendations.
Will Bangladesh go for similar type of commitments, which have substantive value?
The author is a human rights activist, working as the Coordinator, Media & Communication Unit, Ain o Salish Kendra (ASK).
