Student Politics in Bangladesh Violated Right to Life – Cambridge International Law Journal

Editor’s Notice: That is the fourth submit of the CILJ Symposium on ‘Human Rights in Disaster: The July Revolution in Bangladesh.’

Scholar Politics in Bangladesh: Background

Scholar politics has traditionally been a strong driver of democratic actions in Bangladesh. From the Language Motion in the course of the Pakistani period to the July Revolution of 2024, college students performed a considerable position in virtually all main democratic actions. At its core, scholar politics was meant to champion democratic values, i.e., to signify the pursuits of the scholars, advocate for points affecting them, and promote freedom and civil liberty. Nevertheless, the observe of main political events utilizing the scholar our bodies to serve their very own pursuits has considerably undermined these beliefs. The evolution of scholar politics right into a software of partisan violence, particularly for the reason that Nineties, has raised essential human rights considerations, notably concerning the contestation between the correct to life and the correct to political participation. This pressure reached its most violent type in the course of the July 2024 revolution, when Bangladesh Chhatra League (‘BCL’), the scholar wing of the political occasion within the former authorities,  dedicated severe human rights violations by brutal assaults, sexual violence (paras 202-203) and assaults on injured protesters inside hospital grounds. Their act as a ‘de facto paramilitary pressure’ for the ruling occasion starkly illustrates how the unexamined proper to (scholar) political participation can immediately violate the basic proper to life.

Whereas worldwide human rights legislation ensures each these rights, the stability can collapse in observe when political expression turns into weaponised and used to suppress dissenting views. Analyzing the state of affairs in Bangladesh, notably the occasions in the course of the July revolution, this piece investigates how an unrestrained proper to political participation can result in violations of the correct to life.

Proper to Life and Proper to Politics below Worldwide Legislation

Based on Article 3 of the Common Declaration of Human Rights (UDHR), each particular person has a proper to life. The fitting can be set out in Article 6 of the Worldwide Covenant on Civil and Political Rights (ICCPR). The significance of the correct to life might be understood from the Human Rights Committee’s Common Remark 36, which stipulates that ‘the correct to life is a supreme proper from which no derogation is permitted, even in conditions of armed battle and different public emergencies that threaten the lifetime of the nation.’ Moreover, the correct to life contains bodily integrity, i.e., safety from sexual violence and different types of violence, in addition to the correct to make choices concerning one’s physique.

The fitting to politics can be safeguarded by worldwide legislation, guaranteeing a person’s potential to have interaction within the political capabilities of their state. It has been recognised as ‘the correct of rights’, which is important for countering autocracy and enhancing basis for democracy. It’s intently linked with rights of expression, meeting, and affiliation. Article 21 of the UDHR enshrines this proper, which can be echoed by Article 25 of the ICCPR. These rights allow people to decide on their representatives and take part in governance. Collectively, these interconnected rights safeguard the circumstances mandatory for open and participatory political methods.

Scholar politics, as a manifestation of those rights, permits college students to freely specific their opinions on their campuses, run scholar unions and contribute to societal and political change. For instance, the landmark U.S. Supreme Courtroom case Tinker v Des Moines affirmed college students’ proper to have interaction in political expression inside academic establishments, supplied it doesn’t trigger substantial disruption. Though Tinker primarily addressed freedom of speech, its broader interpretation extends to political participation, together with organising, protesting and forming scholar unions. Likewise, Articles 37, 38 and 39 of the Structure of Bangladesh assure the rights to freedom of meeting, affiliation, and speech in an analogous method–‘topic to any affordable restrictions imposed by legislation within the pursuits of public order.’ Though Tinker is a U.S. Supreme Courtroom case, it has been extensively cited by the worldwide human rights our bodies (right here, right here and right here), different nationwide jurisdictions’ circumstances (right here and right here), and implicitly acknowledged by regional courtroom determination. Additionally, the Supreme Courtroom of Bangladesh determined within the landmark judgment of Ershad v Bangladesh that the nationwide courts mustn’t overlook worldwide legislation or persuasive international judgments, leaving the scope of implying Tinker from the Bangladesh perspective.

Scholar Politics in the course of the July Revolution and Violation of the Proper to Life

Nonetheless, scholar politics demonstrates a paradoxical nature. On the one hand, scholar actions have been as soon as the vanguards of social justice and standard resistance, from anti-colonial actions within the Indian sub-continent to the autumn of autocracy in Bangladesh. Then again, nevertheless, whereas traditionally it has superior democratic reform across the globe, in modern Bangladesh, it has typically been used to take care of authoritarian management by the earlier ruling political occasion. Scholar political organisations have more and more lowered to being enforcement arms of political events over the previous couple of many years. This shift has allowed teams just like the BCL to wield violence, silence dissent, and dominate campus environments. Their crimes, nevertheless, lengthen past political suppression. Their members have typically been accused of harassing college students and in excessive circumstances, a few of such incidents may escalate to the extent of rape and even homicide.

Moreover, in accordance with the report of Odhikar, a outstanding native human rights organisation, they’ve engaged in extortion and numerous types of different prison actions each inside and outdoors college premises, making a hostile atmosphere that suppresses tutorial freedom and freedom of expression. Their brutality reached an alarming peak in the course of the July 2024 Revolution, the place a student-led anti-quota protest escalated right into a nationwide rebellion; and the makes an attempt to suppress it, in accordance with OHCHR evaluation, might need killed 1,4000 folks and over 12,000 accidents (para 56).

The BCL actively took half in suppressing the student-led rebellion in July 2024. Their activists coordinated intently with the legislation enforcement businesses (para 90), sheltering behind police strains, timing assaults to coincide with violent police crackdowns, and even serving to detain protesters by invading their houses. BCL members additionally reportedly dedicated sexual violence towards feminine demonstrators, utilizing sexual assaults and threats of rape as instruments of political suppression (para 73). Such acts represent a blatant violation of the correct to bodily integrity, which is a core part of the correct to life below worldwide human rights legislation. Furthermore, survivors of the preliminary assaults who sought medical remedy have been focused once more by armed BCL members who stormed the hospital compound. Such coordinated violence, notably in healthcare settings, stripped victims of their most simple proper to obtain medical remedy assured below Article 25 of the UDHR. This denial or obstruction of important medical care constituted a direct risk to their proper to life, because it elevated the danger of initially preventable loss of life and extended struggling. It seems that the enforcement of the correct to life below Article 32 of the Bangladesh Structure was undermined by the unchecked train of political actions permitted below Article 38, resulting in violent abuses that contradict the Structure’s human rights commitments.

The systemic abuse of scholar politics was fuelled by a number of interrelated elements. Firstly, these concerned in political violence typically loved impunity from prosecution, particularly when affiliated with ruling events. To make it worse, private political affiliations of the campus administrative members arguably resulted in an institutional failure to handle the crimes dedicated by scholar activists, additional reinforcing the tradition of impunity. Secondly, scholar politics regularly resulted in political polarisation throughout the campus for the reason that college largely ignored their actions. This can be as a result of the college authorities’ arms have been tied as a consequence of their political affiliation. Thirdly, scholar organisations have been topic to the direct management of the political events they have been affiliated with and have been regulated by nationwide political events. Such extreme political patronage incentivises college students to take part in violence for rewards, equivalent to authorities jobs, enterprise contracts, corridor seats or ascent inside occasion ranks.

Scholar Politics within the post-July Revolution: Reforms

The occasions of 2024 revealed the darkish aspect of scholar politics, highlighting its potential penalties of violating a number of basic human rights. Based on the ILC Draft Articles on State Duty, when a State knowingly permits or helps a non-public armed group that makes use of violence, the group’s conduct is ‘attributable’ to the State. The previous regime not solely failed in its worldwide authorized obligation to forestall, punish and tackle human rights violations dedicated by non-state actors it controls or helps (e.g., its affiliated scholar wing), but additionally intentionally engaged them in suppression. Such suppressions have been overwhelmingly opposed by the general public. Staff, enterprise homeowners and college students alike have been pissed off by the BCL’s extortion regardless of their direct involvement within the nation’s independence motion in 1971. Additionally, a web based ballot by the Prothom Alo confirmed 93% of the 350,133 respondents supported banning campus politics, adopted by BCL’s on-campus actions. The incidences of politically motivated killings, violent suppression of dissent, and violent crackdowns by scholar teams affiliated with main political events require actions to strike the stability between the correct to life and the correct to political participation.

The mass wave of concern over the BCL’s violent actions in the course of the July 2024 revolution led the interim authorities of Bangladesh to ban the organisation below the Anti-Terrorism Act of 2009. Nevertheless, except significant reforms are applied, the hazard stays that another political events could set up an analogous scholar wing to proceed exploiting younger activists for partisan violence. The BCL members have been persevering with their actions on-line (right here and right here) and in individual (right here, right here and right here) to this present day regardless of the ban.

In contrast, in lots of established democracies, college students often organise by issue-focused unions and advocacy societies somewhat than occasion branches, for instance, U.S. knowledge present campus teams are overwhelmingly issue-based somewhat than partisan, whereas UK guidelines require college students’ unions to stay impartial towards political events whilst they marketing campaign on scholar points. Notably, most personal universities in Bangladesh, and a few public universities, have formally banned partisan politics inside campus premises to take care of tutorial neutrality and security. Since there haven’t been any documented situations of political violence on these campuses, the institutional limitation on campus politics appears to ascertain a tradition of accountability, decreasing violence and criminality on campus.

Conclusion

To deliver related stage of stability to Bangladesh, universities should guarantee scholar our bodies are impartial from political events. They need to signify college students somewhat than any specific political occasion. Whereas strict enforcement of legal guidelines prohibiting any form of misconduct is crucial, establishing clear oversight mechanisms on this regard may also play a constructive position. On the identical time, civic training targeted on accountable political engagement and moral management have to be promoted, in addition to advocating for establishing platforms for dialogue between college students and authorities. With out these reforms, scholar politics in Bangladesh dangers persevering with its descent right into a software of terror, somewhat than a pressure for democratic progress.

Dr. Md. Towhidul Islam is a Professor of Legislation, College of Dhaka, Bangladesh. He holds a PhD in Mental Property from Macquarie College, Australia and an LLM in Human Rights from College of East London, UK. He additionally has one other LL.M and an LL.B. from the College of Dhaka.