Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution provides for freedom of speech, including for the press, but the government sometimes failed to respect this right. There were significant limitations on freedom of speech. Some journalists self-censored their criticisms of the government due to harassment and fear of reprisal.
Freedom of Expression: The constitution equates criticism of the constitution with sedition. Punishment for sedition ranges from three years’ to life imprisonment.
The law limits hate speech but does not define clearly what constitutes hate speech, which permits the government broad powers of interpretation. The government may restrict speech deemed to be against the security of the state; against friendly relations with foreign states; and against public order, decency, or morality; or that constitutes contempt of court, defamation, or incitement to an offense. The 2016 Foreign Donation (Voluntary Activities) Regulation Act criminalizes any criticism of constitutional bodies. The 2006 Information and Communication Technology Act references defamation of individuals and organizations and was used to prosecute opposition figures and civil society.
The 2018 Digital Security Act (DSA), passed ostensibly to reduce cybercrimes, provides for sentences of up to 10 years’ imprisonment for spreading “propaganda” against the Bangladesh Liberation War, the national anthem, or the national flag. Human rights groups, journalists, media outlets, and political opposition parties denounced the DSA for suppressing freedom of expression and criminalizing free speech.
Press and Media, Including Online Media: Both print and online independent media were active and expressed a wide variety of views; however, media outlets that criticized the government experienced negative government pressure. In October the World Economic Forum found press freedom declined over the past year.
The government maintained editorial control over the country’s public television station and mandated private channels broadcast government content at no charge. Civil society organizations said political interference influenced the licensing process, since all television channel licenses granted by the government were for stations supporting the ruling party.
Violence and Harassment: Authorities, including intelligence services on some occasions, and student affiliates of the ruling party, subjected journalists to physical attack, harassment, and intimidation, especially when tied to the DSA. The DSA was viewed by human rights activists as a tool to intimidate journalists. The Editors’ Council, an association of newspaper editors, stated the DSA stifled investigative journalism. Individuals faced a threat of being arrested, held in pretrial detention, subjected to expensive criminal trials, fines, and imprisonment, as well as social stigma associated with having a criminal record.
On October 21, police arrested Munir Uddin Ahmed, a district correspondent of the newspaper New Nation and former general secretary of Khulna Press Club, in a case filed under the DSA for mistakenly posting on his Facebook a photograph of the Chittagong Metropolitan police commissioner instead of the Bhola superintendent of police. Although the court twice denied Ahmed’s bail, the Khulna Metropolitan Magistrate court rejected a police request to interrogate him. Observers commented police interrogation–known as remand–occasionally involved mistreatment of the detained. Ahmed remained in prison at year’s end.
Censorship or Content Restrictions: Independent journalists and media outlets alleged intelligence services influenced media outlets in part by withholding financially important government advertising and pressing private companies to withhold their advertising as well. The government penalized media that criticized it or carried messages of the political opposition’s activities and statements. Reporters without Border alleged media self-censorship was growing due to “endemic violence” against journalists and media outlets and the “almost systematic impunity enjoyed by those responsible.”
Privately owned newspapers, however, usually enjoyed freedom to carry diverse views. Political polarization and self-censorship remained a problem. Investigative journalists often complained of their management and editors “killing” reports for fear of pressure from the government and its intelligence agencies. Some journalists reportedly received threats after publishing their stories.
According to some journalists and human rights NGOs, journalists engaged in self-censorship due to fear of security force retribution and the possibility of being charged with politically motivated cases. Although public criticism of the government was common and vocal, some media figures expressed fear of harassment by the government.
On January 2, the newspaper Daily Star reported the government detained Khulna reporter Hedait Hossain Molla to investigate accusations he violated the DSA by reporting “false information” about the number of votes cast from Khulna during the 2018 general elections. Following the elections, Molla reported that official initial elections results showed the number of votes cast was higher than the number of eligible voters. A Khulna elections official later corrected the official vote tally, lowering the number of votes cast, but reporters had already published their stories. Molla was then arrested under the DSA for spreading false information. Although Molla was released on bail, he was obliged to appear regularly before the court, since the case remained active.
Journalists claimed the government penalized media that criticized the government or broadcast the opposition’s activities and statements. In April the government cancelled the publishing rights of Juger Chinta, a daily newspaper in Narayanganj. This move sparked a human chain protest in Narayanganj. Journalists claimed the government penalized Juger Chinta because it published reports criticizing the ruling party’s local member of parliament (MP).
Libel/Slander Laws: Libel, slander, defamation, and blasphemy are treated as criminal offenses, most commonly employed against individuals speaking against the government, the prime minister, or other government officials. The DSA provides for sentences of up to 10 years’ imprisonment for spreading “propaganda” against the Bangladesh Liberation War, the national anthem, or the national flag. As of July a total of 420 petitions requesting an investigation had been filed under the act with more than 80 individuals arrested.
In March law enforcement arrested Federation Internationale de Football Association (FIFA) Council member Mahfuza Khter Kiron for allegedly defaming the prime minister after saying on a television talk show that Prime Minister Hasina was neglecting football in the country in favor of cricket, maintaining a double standard rewarding the cricket team’s successes, but ignoring those of the football team. In April, Kiron was granted bail, but the charges against her were not dropped.
Nongovernmental Impact: Atheist, secular, and LGBTI writers and bloggers reported they continued to receive death threats from violent extremist organizations.
The government restricted and disrupted access to the internet and censored online content in isolated incidents. The government prohibited Virtual Private Networks and Voice over Internet Protocol telephone but rarely enforced this prohibition.
In several incidents the government interfered in internet communications, filtered or blocked access, restricted content, and censored websites or other communications and internet services. It suspended or closed many websites based on vague criteria, or with explicit reference to their pro-opposition content being in violation of legal requirements.
The Bangladesh Telecommunication Regulatory Commission (BTRC) is charged with the regulation of telecommunications. It carries out law enforcement and government requests to block content by ordering internet service providers to take action. The BTRC filtered internet content the government deemed harmful to national unity and religious beliefs.
In March the government blocked al-Jazeera’s English news website hours after it published an article detailing the alleged involvement of a senior security and defense figure in the disappearance of three men as part of a business dispute involving his wife. Joban, a local news and discussion site that published a summary of the article in Bengali, was also inaccessible during that time. No other local or foreign outlets covered the story.
In the past, the country’s security services instructed the BTRC to block websites by emailing all International Internet Gateways. During the year the Department of Telecommunications and the National Telecommunication Monitoring Center launched a new system that allowed the agencies to block websites centrally without having to involve the BTRC.
Although the government placed few restrictions on academic freedom or cultural events, authorities discouraged research on sensitive religious and political topics that might fuel possible religious or communal tensions. Academic publications on the 1971 independence war were also subject to scrutiny and government approval.
The government limited or restricted freedoms of peaceful assembly and association.
The law provides for the right to peaceful assembly, but the government limited this right. The law gives the government broad discretion to ban assemblies of more than four persons. The government requires advance permission for gatherings such as protests and demonstrations.
According to human rights NGOs, authorities continued to use approval provisions to disallow gatherings by opposition groups and imposed what observers saw as unreasonable requirements for permits. Occasionally, police or ruling party activists used force to disperse demonstrations.
While the government allowed the primary opposition party, the BNP, to hold political rallies throughout the country during the year, the government occasionally imposed restrictions. In July, Chittagong Metropolitan Police gave the BNP conditional permission to organize a rally the evening prior to the event. Conditions for the rally included making paper copies of the permit for all rally participants, estimated at 100,000-200,000 persons before the event took place.
In September, 80 BNP leaders were apprehended immediately before a Rajshahi rally. BNP leadership alleged the Rajshahi Metropolitan Police (RMP) arrested the party leaders to weaken the rally. RMP said 150 individuals were arrested in the same timeframe, all for drug peddling, and none for political activities.
During the year police used force to disperse peaceful demonstrations. In July leaders and activists with Left Democratic Alliance (LDA) protested a proposed gas price hike. Newspaper New Age reported police injured 25 LDA marchers when police charged them for trying to remove barbed wire barricades placed by police along the protest route.
The law provides for the right of citizens to form associations, subject to “reasonable restrictions” in the interest of morality or public order, and the government generally respected this right. The government’s NGO Affairs Bureau sometimes withheld its approval for foreign funding to NGOs working in areas the bureau deemed sensitive, such as human rights, labor rights, indigenous rights, or humanitarian assistance to Rohingya refugees (see sections 2.d., 5, and 7.a.).
The 2016 Foreign Donations (Voluntary Activities) Regulation Act places restrictions on the receipt of foreign funds by NGOs or government officials and provides for punishment of NGOs making any derogatory comments regarding the constitution or constitutional institutions (see section 5). In August the government announced a number of NGOs, including foreign-funded relief organizations, were no longer allowed to operate in the Rohingya camps in Cox’s Bazar, following a peaceful rally commemorating the two-year mark of the 2017 Rohingya crisis (see section 5).
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, except in two sensitive areas: the CHT and the Rohingya camps in Cox’s Bazar. The government enforced restrictions on access to the CHT by foreigners.
In-country Movement: The government is not a party to the 1951 Refugee Convention and the 1967 Protocol. As a result the government claims it is not bound under legal obligation to uphold the basic rights enshrined in this document.
The government did not recognize the new Rohingya arrivals as refugees, referring to them instead as “forcibly displaced Myanmar nationals.” In practice, however, the government abided by many of the established UN standards for refugees. One notable exception was that the Rohingya did not enjoy full freedom of movement throughout the country. While the refugees were able to move largely unrestricted in the Ukhia and Teknaf subdistricts, the government established checkpoints to prevent their movement outside this area.
Foreign Travel: Some senior civil society representatives reported harassment and delays at the airport when departing the country. The government prevented war crimes suspects from the 1971 independence war from leaving the country. The country’s passports are invalid for travel to Israel, according to government policy.
Societal tensions and marginalization of indigenous persons continued in the CHT as a result of a government policy initiated during an internal armed conflict from 1973-97. This policy relocated landless Bengalis to the CHT with the implicit objective of changing the demographic balance to make Bengalis the majority, displacing tens of thousands of indigenous persons.
The internally displaced persons (IDPs) in the CHT had limited physical security. Community leaders maintained indigenous persons faced widespread violation of their rights by settlers, sometimes supported by security forces.
In 2016 the government amended the Chittagong Hill Tracts Land Dispute Resolution Commission Act to curtail the unilateral authority of the commission chair to make decisions on behalf of the commission. The amended act failed to resolve the disputes during the year as tribal leaders insisted on establishing a governing framework for the law before hearing disputes for resolution. In 2017 the government reappointed Justice Mohammad Anwarul Haque chair of the commission for three years. The Land Ministry formulated rules for implementation of the act, but the rules had not been officially promulgated by year’s end.
The number of IDPs in the CHT remained disputed. In 2000 a government task force estimated it to be 500,000, which included nonindigenous as well as indigenous persons. The CHT commission recently estimated slightly more than 90,000 indigenous IDPs resided in the CHT. The prime minister pledged to resolve outstanding land disputes in the CHT to facilitate the return of the IDPs and close remaining military camps, but the taskforce on IDPs remained unable to function due to a dispute over classifying settlers as IDPs. The commission reported authorities displaced several indigenous families to create border guard camps and army recreational facilities. No land disputes were resolved during the year.
Prior to the August 2017 Rohingya influx, the government and the UN High Commissioner for Refugees (UNHCR) provided temporary protection and basic assistance to approximately 33,000 registered Rohingya refugees from Burma living in two official camps (Kutupalong and Nayapara), while the government and the International Organization for Migration (IOM) provided assistance to approximately 200,000 undocumented Rohingya living in makeshift settlements in Cox’s Bazar. In August 2017 more than 700,000 Rohingya fled ethnic cleansing in neighboring Burma to seek safe haven in Bangladesh. As a result of this influx, approximately one million Rohingya refugees were living in refugee camps, makeshift settlements, and host communities. According to the United Nations, more than half of the population was younger than 18 years old. A National Task Force, established by the Ministry of Foreign Affairs, led the coordination of the overall Rohingya crisis. The Ministry of Disaster Management and Relief coordinated the Rohingya response with support from the Bangladesh Army and Border Guard Bangladesh. At the local level, the Refugee, Relief and Repatriation Commissioner provided coordination.
The government temporarily deployed the military to Cox’s Bazar District in the fall of 2017 to streamline relief activities and to assist in registration of Rohingya in coordination with the civilian administration. In response to growing security concerns, the military again became more active in the refugee camps. In September the Ministry of Home Affairs announced the army would begin taking over security tasks the police and other law enforcement agencies had held since 2017. In the same month, the government introduced restrictions on telecommunication services in Cox’s Bazar. This move limited access to mobile and internet service in and around camps and hampered emergency response and coordination of life-saving services, including the Protection Hotline for reporting incidents of violence or abuse.
Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to Rohingya refugees. As of August the IOM identified 96 Rohingya trafficking victims from the camps, the overwhelming majority for labor exploitation. While the majority of the victims were women and girls, there were indications many Rohingya men and boys did not self-identify, nor did they seek services following their return. When discovered, government officials returned trafficking victims to the camps.
International organizations reported an increase in gender-based violence directed against women in the camps, with intimate partner violence comprising an overwhelming majority–approximately 70 to 80 percent–of the cases. International organizations warned the numbers could increase further if the dearth of livelihood and educational opportunities for Rohingya men continued.
Accountability for all crimes, including human trafficking, remained a problem. Rohingya relied on government officials responsible for each camp (also known as the Camps in Charge, or CiC) to address allegations of crime. The CiCs were largely autonomous in practice and varied in terms of responsiveness to camp needs. According to international organizations, some were susceptible to corruption. International organizations alleged some border guard, military, and police officials were involved in facilitating the trafficking of Rohingya women and children, ranging from “looking the other way,” to bribes for allowing traffickers to access Rohingya in the camps, to direct involvement in trafficking.
Refoulement: According to UNHCR, the government sent six Rohingya back to Burma in September in a possible incident of refoulement. There were no other reported cases of potential refoulement or forced repatriation. On August 22, authorities sent buses to selected Rohingya camps to pick up and transport anyone ready to return to Burma. They called off the initiative when no refugees volunteered. Several times during the year, senior government officials reaffirmed the country’s commitment to voluntary, safe, dignified, and sustainable refugee returns, based on informed consent. On September 27, at the United Nations, Prime Minister Sheikh Hasina underscored voluntariness and safety as necessary requirements for any repatriation.
Access to Asylum: The law does not provide for granting asylum or refugee status, nor has the government established a formal system for providing protection to refugees. The government provided significant protection and assistance to Rohingya refugees resident in the country. The government cooperated with UNHCR to provide temporary protection and basic assistance to registered refugees resident in two official camps. After the 2017 arrival of Rohingya refugees, the government started to register the new refugees biometrically and provided identity cards with their Burmese address. The government was working jointly with UNHCR to verify Rohingya refugees and issue identity cards that replaced prior cards and provided for protection of Rohingya refugees, consistent with the government’s commitment against forced returns to Burma. Despite this documentation system, the lack of formal refugee status for Rohingya and clear legal reporting mechanisms in the camps impeded refugees’ access to the justice system, leading to underreporting of cases of abuse and exploitation and impunity for traffickers and other criminals.
Freedom of Movement: There continued to be restrictions on Rohingya freedom of movement. According to the 1993 memorandum of understanding between Bangladesh and UNHCR, registered Rohingya refugees are not permitted to move outside the two camps. After the August 2017 influx, police set up checkpoints on the roads to restrict travel by both registered refugees and new arrivals beyond the Ukhia and Teknaf subdistricts. In November the government began erecting fencing to better secure the camp and protect Rohingya from migrant smuggling.
Many camp authorities introduced curfews and law enforcement patrols, particularly at night, in response to reported concerns about violent attacks, abductions, or kidnappings in the camps.
Employment: The government did not formally authorize Rohingya refugees living in the country to work locally, although it allowed limited cash-for-work schemes for Rohingya to perform tasks within the camps. Despite their movement restrictions, some refugees worked illegally as manual laborers in the informal economy, where some were exploited as labor trafficking victims.
Access to Basic Services: The rapid increase in the population strained services both inside and outside of the designated camps and makeshift settlements. The UN-led Inter Sector Coordination Group (ISCG) coordinates the many actors and agencies providing basic services to the Rohingya. Nonetheless, according to the ISCG, refugees lived in congested sites that were poorly equipped to handle the monsoon rains and cyclone seasons. While agencies made significant efforts to move those most vulnerable, the shortage of land remained a central issue that hindered the ability of Rohingya to access basic services.
Public education remained a problem. The government continued its policy prohibiting formal education but allowed informal education of Rohingya children. UNICEF led the education sector in developing a comprehensive learning approach to guide the education interventions of humanitarian partners in the camps. Primary education followed a learning framework developed by UNICEF and endorsed by the government; it does not confer recognition or certification of students having attained a specific education level by the Bangladeshi or Burmese government, however. Rahima Akter, a Rohingya woman, hid her identity to enroll in Cox’s Bazar International University to study law. In October 2018 Rahima was featured in a video by the Associated Press in which she discussed her dreams to study human rights. The video went viral and revealed her identity. In September the university expelled her for being Rohingya.
Government authorities allowed registered and unregistered Rohingya formal and regular access to public health care but Rohingya needed authorities’ permission to leave the camp. Humanitarian partners ensured their health-care expenses were covered and that they returned to the camps. The health sector maintained information about all of the health facilities within the camps and the surrounding areas. Based on the data available, overall coverage met the minimum requirements.
The Rohingya in the country were legally or in fact stateless. They could not acquire citizenship, nor does the government of Burma recognize them as citizens.
The estimated 300,000 Urdu-speaking population (known as Biharis, originally Urdu-speaking Muslims who migrated to then East Pakistan before the 1971 war of independence) were formerly stateless but received Bangladeshi citizenship through a 2008 court case that directed the Election Commission to issue national identity cards to every member of the community who applied and met the legal and administrative requirements. Nevertheless, members from this community said their requests to obtain passports were rejected by immigration officers due to their address. The overwhelming majority of this population still resided in refugee-like camps established by the International Community for Red Cross in the 1970s, when many believed they would return to Pakistan following the 1971 Liberation War.
Section 3. Freedom to Participate in the Political Process
The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.
Elections and Political Participation
Recent Elections: Prime Minister Sheikh Hasina and her AL party won a third consecutive five-year term in an improbably lopsided December 2018 parliamentary election that was not considered free nor fair and was marred by irregularities, including ballot-box stuffing and intimidation of opposition polling agents and voters. With 96 percent of the vote, the AL and its electoral allies won 288 of 300 directly elected seats, while the main opposition BNP and its allies won only seven seats. Despite their initial announcement of a boycott of the newly formed parliament, terming it illegitimate, the BNP MPs-elect, except BNP Secretary General Mirza Fakhrul Islam Alamgir, joined the parliament session on April 29. Parliament conferred the official status of the opposition to the Jatiya Party, a component of the AL-led governing coalition, which seated 22 members in parliament. During the campaign leading to the election, there were credible reports of harassment, intimidation, arbitrary arrests, and violence that made it difficult for many opposition candidates and their supporters to meet, hold rallies, and campaign freely.
During the December 2018 national elections, the government did not grant credentials and issue visas within the timeframe necessary to conduct a credible international monitoring mission to the majority of international election monitors from the Asian Network for Free Elections. Only seven of the 22 Election Working Group NGOs were approved by the Home Ministry, NGO Affairs Bureau, and the Election Commission to conduct domestic election observation.
On March 11, Dhaka University held its first Dhaka University Central Students’ Union election after more than 20 years, with 47,000 students registered to vote. Students alleged the election was marred by ballot-box stuffing in favor of the ruling AL-backed candidates by teachers responsible for conducting the election.
Political Parties and Political Participation: The government mobilized law enforcement resources to level civil and criminal charges against opposition party leaders. BNP leader Khaleda Zia was convicted and imprisoned in February 2018 based on corruption charges filed under a nonpartisan caretaker government in 2008. She was unable to take advantage of bail awarded in this case pending appeal due to more than two dozen other charges filed against her in recent years by the government. The BNP maintained police implicated thousands of BNP members in criminal charges prior to the 2018 national election and detained many of the accused. Human rights observers claimed many of these charges were politically motivated.
Opposition activists faced criminal charges. Leaders and members of Jamaat-e-Islami (Jamaat), the largest Islamist political party in the country, could not exercise their constitutional freedoms of speech and assembly because of harassment by law enforcement. Although Jamaat was deregistered as a political party by the government, prohibiting candidates from seeking office under the Jamaat name, the fundamental constitutional rights of speech and assembly of its leaders and members continued to be denied. Media outlets deemed critical of the government and the AL were subjected to government intimidation and cuts in advertising revenue, and they practiced some self-censorship to avoid adverse responses from the government. AL-affiliated organizations such as their student wing, the Bangladesh Chhatra League (BCL), reportedly carried out violence and intimidation around the country with impunity, including against individuals affiliated with opposition groups.
On October 7, Abrar Fahad Rabbi, a student at Bangladesh University of Engineering and Technology (BUET) was beaten to death over suspected involvement with the group Shibir, Jamaat-e-Islami’s student wing, and following several Facebook posts criticizing recent bilateral agreements with India. A medical examiner determined Fahad died from internal bleeding and excessive pain after being subject to repeated blows of blunt force from cricket stumps. In the days following his death, authorities arrested 18 persons, including BUET BCL leadership, in connection with Fahad’s death. A BCL leader confessed to beating Fahad along with other BCL leaders. This incident sparked student protests across the country, and civil society spoke out against political student organizations carrying out violence under a culture of impunity. On October 11, the BUET vice chancellor declared a ban on political activities of all student organizations in response to Fahad’s killing. On November 13, police filed a charge sheet accusing 25 BUET students in Farhad’s killing.
The 86 criminal charges filed by the government against BNP Secretary General Mirza Fakhrul Islam Alamgir in the previous years remained unresolved. Alamgir remained free on bail. The charges involved attacks on police, burning buses, and throwing bombs. In some instances, the government interfered with the right of opposition parties to organize public functions and restricted the broadcasting of opposition political events. Unlike in the preceding years, the government allowed BNP limited freedom to hold a few rallies and form human chains demanding release of jailed BNP chairperson Khaleda Zia and free and fair elections.
Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. In July 2018 parliament amended the constitution to extend by 25 additional years a provision that reserves 50 seats for women in parliament. These female parliamentarians are nominated by the 300 directly elected parliamentarians. The seats reserved for women are distributed among parties proportionately to their parliamentary representation.