Tuesday, November 30
প্রেস বিজ্ঞপ্তি : চট্রগ্রামে যৌন সংখ্যালঘু সমকামী কিশোরকে নির্যাতন, নগ্ন করে ভিডিও ধারণ ও চাঁদা আদায়ের ঘটনায় মানবাধিকার প্রতিষ্ঠান বিআইএইচআর এবং জাস্টিসমেকার্স বাংলাদেশ উদ্বিগ্ন।
Monday, November 15
Freemuse, BIHR and JusticeMakers Bangladesh call on Bangladeshi authorities to end the investigation of band Meghdol
Image: Screenshot from Meghdol’s music video Esho Amar Shohore / Meghdol on YouTube |
“Investigating members of the band Meghdol over their music
is in clear violation of the musicians’ human right to freely express
themselves artistically,” said Gerd Elmark, Freemuse Interim Executive
Director. “The right to freedom of expression is guaranteed by Article 19 of
the ICCPR and should be protected. Artists should not be subjected to legal
prosecution for their political beliefs or stances towards religion. We call on
the Bangladeshi authorities to end the investigation against Meghdol.”
“We are gravely concerned over
the incident of investigating members of music group Meghdol for hurting
religious sentiment. […] Instead of constitution guaranteeing freedom of
artistic expression as free-thinking, artists and activists are continuously
facing obstacles and barriers to exercise their constitutional rights by state
and non-state actors in Bangladesh. […],” said Shahanur Islam, Secretary
General, Bangladesh Institute of Human Rights (BIHR) and JusticeMakers
Bangladesh. “We are urging the Prime Minister of Bangladesh to do everything
in her power to ensure to drop the case against members of Meghdol after a full
and impartial investigation into the reported case […].”
According to Dhaka
Tribune, the seven band members Shibu Kumar Shil, Mezba-ur Rahman Sumon,
Rashid Sharif Shoaib, MG Kibaria, Amjad Hossain, Tanvir Dawood Rony and Sourav
Sarkar are under investigation after lawyer Imrul Hasan filed a complaint to
the court alleging that his “religious sentiments” had been hurt. Hasan claims
that Meghdol insulted his religious
sentiments during the performance of the song Om at the concert Against Violence
at Dhaka University held on 22 October 2021, which was later streamed on
YouTube.
Freemuse sources report that Hasan
filed a complaint under Section 295(A) of the Penal code, criminalising “insults
or attempts to insult the religion”. If
found guilty, the band members could be punished with imprisonment for up to
two years, a fine, or both.
Hasan claims that the band used the melody
from the Islamic prayer the Talbiyah and
“disrespectfully” sang the verse
“Labbaik Allah humma labbaik”, meaning “Here I am, O Allah, here
I am” during their performance.
The court ordered the PBI to submit its report by 1
December 2021.
As mentioned in the State of Artistic Freedom 2021 report, there
were 24 persecuted artists in 2020 under the pretext of religion.
This is not the first instance of Hasan
targeting Bangladeshi musicians with complaints of this nature. In February 2020, the lawyer filed a complaint
against Rita
Dewan, Baul singer, under section 28 of the Digital Security Act (DSA),
which prohibits broadcasting any content “with the aim of hurting religious
sentiments or values”.
Freemuse, the Bangladesh Institute of Human Rights and
JusticeMakers Bangladesh call on the Bangladeshi authorities to end the
investigation against Meghdol.
You can also read the statement at Freemuse and JusticeMakers Bangladesh page visiting the following links:
https://freemuse.org/news/freemuse-bangladesh-institute-of-human-rights-and-justicemakers-bangladesh-call-on-bangladeshi-authorities-to-end-the-investigation-of-band-meghdol/
https://justicemakersbt.blogspot.com/2021/11/freemuse-bihr-and-justicemakers.html
Thursday, November 11
The Council of Bars and Law Societies of Europe (CCBE) urges Prime Minister of Bangladesh H.E. Sheikh Hasina to do everything in her power to ensure that a full and impartial investigation into the reported attack is being carried out, with a view to bringing those responsible to justice in accordance with international standards, as well as to ensure the safety of lawyer Shahanur Islam and his family members, since they believe that the continuous harassment against Mr. Shahanur Islam is based solely on his legitimate activities as a human rights lawyer.
The CCBE also express its serious concern over the prosecution and continuous harassment of lawyer Shahanur Islam as well as draw attention to the United Nations Basic Principles on the Role of Lawyers, in particular Principles 16, 17 and 18 on Guarantees for the functioning of lawyers and Principle 23 on Freedom of expression and association.
The President of the Council of Bars and Law Societies of Europe (CCBE) Margarete von Galen sent the letter to the Prime Minister of Bangladesh H.E. Sheikh Hasina on 10th November 2021 over email and fax.
The CCBE represents the bars and law societies of 45 countries, and through them more than 1 million European lawyers. The CCBE places great emphasis on respect for human rights and the rule of law and is particularly concerned with the situation of human rights defenders around the world.
The CCBE mentions the letter that on 26 August 2020 lawyer Shahanur Islam was attacked by approximately 10 individuals at the court premises of Naogaon district in the northern part of Bangladesh. As a result of the attack, he suffered serious face and body injuries and was subsequently hospitalised.
The CCBE also mentions the letter that the attack took place just after he left the hearing; he took part in against Md. Jahurul Islam, Member of District Parishad. The hearing in question concerned a fraudulent court summon issued by Jahurul Islam against lawyer Shahanur Islam in an on-going case between lawyer Shahanur Islam and Jahurul Islam, which began in late 2018 when the latter made false allegations against lawyer Shahanur Islam and two other members of his family. It is reported that the attack was led by Jobayer Hossain, son of Jahurul Islam.
Furthermore the CCBE mentions the letter that In this regard, they understand that although a criminal case was filed against Jahurul Islam and his associates, only two of the assailants were arrested and no proper impartial investigation was conducted by the police. It is also reported that the two arrested assailants were then released on bail. In addition to this, it is reported that lawyer Shahanur Islam has repeatedly received threats against him and his family over social media and on his cell phone to withdraw the case against Jahurul Islam as well as stop raising his voice for ensuring the rights of the LGBTQI+ people.
Again the CCBE mentions the letter that they understand that it is not the first time that the lawyer is under attack. It is indeed reported that he has been receiving death threats and has been the victim of physical assaults and hate speeches since 2016. It is notably reported that in February 2018, the Magistrate Court of Naogaon issued an arrest warrant against Mr. Shahanur Islam in relation to his work in the defence of LGBTQI+ persons from discrimination.
Finally, the CCBE mentions the letter also mentions that Lawyer Shahanum Islam is a well-known human rights lawyer who has defended the rights of ethnic, religious, political and sexual minorities (LGBTQI+), as well as in cases of torture, extrajudicial killing, enforced disappearance and organised violence. He was awarded the JusticeMakers Fellowship in 2010 by the International Bridges to Justice (IBJ) for his work promoting human rights in Bangladesh.
To read the original letter in pdf visit the following link:https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/HUMAN_RIGHTS_LETTERS/Bangladesh_-_Bangladesh/2021/EN_HRL_20211110_Bangladesh_Prosecution-and-continuous-harassment-of-lawyer-Shahanur-Islam.pdf?fbclid=IwAR004tySaowUeooJxQiiLArhuasyWalQ7j6iAROU-ZyyuVuV5YEdg-rwipk
Monday, November 1
BIHR Joint Statement: No Climate Justice without Debt Justice
The climate emergency is fuelling the accumulation of debt in countries in the global south.
Countries suffering from the worst impacts of climate change have contributed very little to it, yet they are facing more expensive borrowing costs because of their climate vulnerabilities. They are left with almost no option but to borrow to finance climate mitigation and adaptation, and fund reconstruction and recovery after an extreme climate event. Countries that have accumulated unsustainable debt levels have reduced fiscal space and opportunities to invest in adaptation and mitigation, as well as to recover from loss and damage from increasingly severe climate extreme events, slow onset events and environmental hazards. At the same time, climate finance - which should respond to the principle of common but differentiated responsibilities, as formulated in the 1992 Rio Principles to reflect historical climate debt - is being delivered mainly through loans and debt-creating modalities, placing the financial burden onto the shoulders of the global south.
All this is happening in a context of increasing debt vulnerabilities. Even before the Covid-19 outbreak, countries in the global south were facing an unfurling debt crisis, which has been fuelled by the economic impacts of the pandemic. Lending to fund fossil fuel projects, by multilateral development banks, export credit agencies and other financial institutions in the global north, has added to the unsustainable and illegitimate debts in the global south.
One of the consequences of having high debt levels is a sharply reduced fiscal space for public spending and therefore very limited opportunities to invest in the adaptation and mitigation measures necessary to guarantee people’s right to a healthy environment. Moreover, this puts countries in an even worse situation when recovering from loss and damage after a climate disaster. The demand that countries prioritise debt payments, often at high interest rates, means that they cannot respond adequately to the emergencies faced by their populations, such as the pandemic and the climate emergency. The cost of servicing debt has also largely affected women and children who are the most vulnerable groups in society in most countries in the global South. This is so because when governments reduce public spending especially on social protection women and children will suffer the most.
On the other hand, the global north economies have built up an enormous climate debt to the people and countries in the global south due to their disproportionate contribution to carbon and other greenhouse emissions, amounting to nearly two-thirds of aggregate ‘carbon space’ since the 1800s. The concept of climate debt calls for systemic change. Such change entails not only a recognition of climate debt, but also restitution and reparation for the multiplicities of financial, social and ecological debt owed by the global north to the global south, built in the colonial past and through neo-colonial dynamics today.
In this context, the need to transition globally towards a more sustainable and equitable economy will not be possible without sustainable, responsible, sufficient, fair and non-debt creating climate finance, as well as finance for transition that does not exacerbate debt vulnerabilities in the global south. Furthermore, debt cancellation is needed for countries not only to be able to fight the Covid-19 pandemic, but also to address the challenges of climate change and pursue a green and inclusive recovery. The urgent message is precisely that: climate justice will not be possible without economic and debt justice. And debt and economic justice won’t be possible without environmental and climate justice.
This means recognising the climate debt that the global north owes to the global south, and providing sufficient and quality debt-free climate finance as partial restitution for that climate debt. Climate debt reparations also mean that global north countries must contribute to ecological restoration, end extractivism and the use of fossil fuels, and shift to low and zero carbon modes of production, distribution and consumption, rooted in legal and policy paradigm changes for technology transfer and equitable trade rules. Debt cancellation is also necessary, recognising the role that it has historically played in promoting and imposing a “development” model that is unjust and unsustainable, and the obstacle it represents today for a fair, equitable and sustainable recovery.
We demand much more than piecemeal flows of climate finance and one-off instances of “debt relief,” we demand a guarantee of non-repetition through structural change for climate justice and debt justice. We demand systemic change.
We call on world leaders, national governments, public and private financial institutions, to take urgent, just, ambitious action, in compliance with their obligations and responsibilities and commit to the following:
- Recognition of the existence of a climate debt, additional to a historical, financial, ecological and social debt, that the global north owes to the global south. This recognition should lead to structural and financial reparations, including delivery of climate finance obligations and debt cancellation, as well as ecological restoration, phasing out fossil fuel subsidies, ending extractivism, and shifting to decarbonized modes of production, distribution and consumption.
- Urgent delivery of new and additional, non-debt creating climate finance beyond the unfulfilled $100 billion per year target, that is sufficient and responsive to the climate mitigation, adaptation and loss and damage needs of the peoples and communities of the Global South. The priority given to mitigation in climate finance needs to be reversed, addressing and prioritizing the needs that climate vulnerable communities have to adapt and address every worsening losses and damages. Climate Finance delivery must have an inclusive process that will ensure the contributions are based on fair-shares and will warrant equitable allocation and access, especially to the most vulnerable nations.
- Climate finance should be non-debt creating and without conditions. This means it should be primarily delivered in the form of grants. If loans are to be used, it should only be in highly concessional terms and only for certain purposes and programs that will not lead to the accumulation of unsustainable and illegitimate debt burdens. Climate finance should also be public and disbursed for public and publicly accountable programs and projects rather than private for-profit initiatives or public-private partnerships.
- Lenders and IFIs should take immediate action to implement ambitious unconditional debt cancellation of unsustainable and illegitimate debts, particularly those generated by funding fossil fuel projects, in order to enable sovereign and participatory policy decisions by those countries so they can meet their human and nature rights’ responsibilities.
- An automatic mechanism for debt payments suspension, debt cancellation and debt restructuring, covering public and private lenders, in the aftermath of extreme climatic events, in addition to immediate access to non-debt creating resources for loss and damages. A disaster related to a weather, climate or water hazard occurred every day on average over the past 50 years – killing 115 people and causing US$ 202 million in losses daily. Governments in the global north must set up a separate and additional mechanism for loss and damages in recognition of their responsibility in causing the increased frequency and severity of these extreme events.
- In addition to climate finance and debt cancellation, governments in the global north should provide sufficient additional non-debt creating resources to support countries in the global south to tackle the health, social and economic crises. Any new lending and borrowing should be made following responsible lending and borrowing rules, including hurricane clauses and other state contingent clauses so that debt cancellation is automatically granted in the case of climate, health and other emergencies.
- Governments and international organisations should promote an open review of the approach to debt sustainability, with UN guidance and civil society participation, in order to move towards a debt sustainability concept that has at its core environmental and climate vulnerabilities, together with human rights and other social, gender and development considerations. Debt cannot be considered sustainable if its payment prevents a country from affording climate resilience plans.
- Governments and international organisations should support and work towards the reform of the international financial architecture, in order to bring international finance in line with universally accepted human rights obligations, including the right to development, gender equality and the right of all to live in a healthy environment. Such reform should address the need for a fair, transparent and multilateral framework for debt crisis resolution, under the auspices of the UN and not in lender-dominated arenas, that addresses unsustainable and illegitimate debt;
- Governments and international organisations should focus on actions that address the root causes and historical responsibilities for the present debt and climate emergencies. Peoples´ rights to participate in and control the decision-making and implementation of policies to ensure a just and inclusive transition must be guaranteed. There are a number of initiatives being discussed, such as debt-for-climate swaps, and market-based solutions like green bonds and nature-performance bonds that are unlikely to generate fair outcomes in this regard, and could actually add to the debt burden of climate vulnerable countries.
Signatories