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How Dhaka will adapt its legal system to ICPPED

Published : Saturday, 7 September, 2024 at 12:00 AM  Count : 293
Ataur Rahman Kollol
Bangladesh's recent ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) signifies a pivotal moment in the nation's ongoing commitment to human rights and justice. This move, initiated by the interim government led by Dr. Muhammad Yunus, comes at a time when Bangladesh is grappling with the dark legacy of enforced disappearances, most notably the "Aynaghor" scandal. These incidents have not only traumatized the nation but also underscored the urgent need for comprehensive legal reforms to prevent future occurrences.

This column delves into the historical backdrop of enforced disappearances in Bangladesh, the legal challenges that have hindered justice, and the essential steps required to align domestic laws with the ICPPED. By examining international best practices and the specific legal amendments needed, this piece outlines a clear roadmap for embedding the ICPPED into Bangladesh's legal framework, ensuring that justice is served, and accountability is maintained.

Bangladesh's path towards ratifying the ICPPED is deeply intertwined with its tumultuous political history. Since gaining independence, the nation has experienced periods of political unrest and authoritarian rule, during which enforced disappearances were used as a tool of repression. The "Aynaghor" scandal, which involved the disappearance of political activists, journalists, and dissenters, brought international condemnation and highlighted the absence of adequate legal mechanisms to address such gross human rights violations.
Despite being a party to several international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture (CAT), Bangladesh's domestic laws have not fully conformed to these international standards, particularly concerning enforced disappearances. The ratification of the ICPPED now presents an opportunity to rectify these gaps and fortify the country's commitment to human rights.

The ICPPED, adopted by the United Nations General Assembly on December 20, 2006, is a groundbreaking international treaty aimed at addressing the crime of enforced disappearance. It defines enforced disappearance as the arrest, detention, abduction, or any other form of deprivation of liberty by state agents or individuals acting with state authorization, followed by a refusal to acknowledge the deprivation of liberty or concealment of the fate or whereabouts of the disappeared person.

The convention mandates that states take concrete steps to prevent enforced disappearances, including criminalizing the act, ensuring thorough investigations, prosecuting perpetrators, and providing reparations to victims and their families. For Bangladesh, the challenge now lies in effectively integrating the provisions of the ICPPED into its domestic legal system.

The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) establishes a comprehensive legal framework against enforced disappearances.

Article 1 defines enforced disappearance as actions by state agents or authorized individuals that lead to the deprivation of liberty, coupled with denial of acknowledgment or concealment of the individual's fate. Article 2 prohibits enforced disappearance, deeming it a crime under international law. States must prevent such acts (Article 3) and criminalize enforced disappearance in domestic law (Article 4).

 Article 5 emphasizes that no exceptional circumstances can justify enforced disappearance. Additionally, Articles 6 and 7 require states to investigate these acts and prosecute offenders, respectively. Article 8 affirms victims' rights to remedies and justice, while Article 9 ensures non-discrimination. Lastly, Article 24 promotes international cooperation among states to prevent and address enforced disappearances, highlighting the collective responsibility of state parties.

Bangladesh's ratification of the ICPPED is not just a legal obligation; it is a moral imperative that reflects the nation's commitment to upholding human rights. As a signatory to various international human rights instruments, Bangladesh has a duty to protect its citizens from violations such as enforced disappearances. Ratifying the ICPPED signals the country's dedication to ending impunity for such crimes and bolsters its diplomatic standing by demonstrating adherence to international norms.

Moreover, this move sends a clear message to the international community that Bangladesh is serious about collaborating with global bodies to ensure justice and accountability for enforced disappearances. It also sets a precedent for other countries in the region to follow suit.

The interim government led by Dr. Muhammad Yunus has a unique opportunity to cement its legacy by ensuring that the ICPPED is fully implemented. This includes passing the necessary legal reforms, establishing the required institutions, and fostering a culture of accountability. The government must also work closely with civil society organizations, victims' groups, and international human rights bodies to ensure that the voices of those affected by enforced disappearances are heard and that justice is served.

The ratification of the ICPPED marks a critical step forward in Bangladesh's journey towards justice and accountability. However, the true test lies in the effective implementation of the convention's provisions. By reforming its legal framework, strengthening institutions, and drawing lessons from other countries, Bangladesh can ensure that enforced disappearances become a thing of the past.

The "Aynaghor" scandal and other cases of enforced disappearances serve as stark reminders of the consequences of impunity. The interim government must seize this moment to enact meaningful change and ensure that all persons are protected from enforced disappearances. This will not only uphold Bangladesh's international obligations but also restore the faith of its citizens in the rule of law and the pursuit of justice.

The writer is an Advocate at Dhaka Judge Court


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