MOTION FOR A RESOLUTION on Bangladesh: human rights and forthcoming elections

19.11.2013 - (2013/2951(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 122 of the Rules of Procedure

Helmut Scholz, Marie-Christine Vergiat, Willy Meyer, Patrick Le Hyaric, Younous Omarjee, Thomas Händel on behalf of the GUE/NGL Group

B7‑0539/2013

European Parliament resolution on Bangladesh: human rights and forthcoming elections

(2013/2951(RSP))

The European Parliament,

–         having regard to its previous resolutions on Bangladesh, in particular those of 17 January 2013, 6 September 2007, and of 10 July 2008;

–          having regard to the Cooperation Agreement between the European Community and the People's Republic of Bangladesh on partnership and development;

–        having regard to the principles of the United Nations Charter, to the Universal Declaration on Human Rights, to the 1993 Vienna Declaration and Programme of Action of the World Conference on Human Rights, and to the 1995 Copenhagen Declaration and Programme of Action on Social Development,

–         having regard to the International Covenant on Civil and Political Rights,

–         having regard to Rule 122 of its Rules of Procedure;

A. Whereas the situation in Bangladesh is getting increasingly tensed in the lead-up to general elections scheduled for January 2014, whereas it is characterized by the challenges to overcome extreme poverty, violent confrontation between the ruling and opposition parties and horrific accidents linked to the garment industry: whereas protests and police actions are becoming more and more violent and impunity for violations of human rights and law is prevailing;

B. Whereas Bangladesh has been hit in recent months by a wave of violent protests over war crimes convictions; whereas more than 100 people have been killed in the clashes this year; whereas Bangladesh's main opposition party refused a request from the prime minister to form an all-party government to oversee upcoming elections;

 

C. Whereas massive workers and trade union mobilisations have been taking place in Bangladesh, demanding the rise of the minimum wage with a particular view to the garment industry, whereas sections of workers continue to protest despite an agreement being reached  between employers and Bangladeshi authorities as they want to see the full implementation of their demand of a monthly  minimum wage of USD 100.

 

D. Whereas NGO activists, lawyers, journalists and trade unionists trying to defend the victims of human rights violations are massively and suffer repression for carrying out legitimate activities under international law; whereas, two members of the human rights organization Odhikar, Adilur Rahman Khan, Secretary of Odhikar and a member of the General Assembly of the World Organisation Against Torture (OMCT), and Mr. Nasiruddin Elan, Director of Odhikar, are facing judicial harassment for publishing a report on police repression;

E. Whereas the UE has a long standing opposition against death penalty, whereas the trade union environment are facing daily harassment by the authorities: whereas the authorities fail to launch effective investigation into extrajuridical killings, torture and disappearance, as the case of labour leader and human rights defender Aminul Islam in 2012 shows;

F. Whereas the Bangladeshi International Crimes Tribunal (ICT) sentenced five people to death, including Salahuddin Quader Chowdhury a senoir leader in the opposition Jamaat-e-Islami party: whereas the death sentence against Abdul Qader Mollah was based on the retroactive application of amended legislation after the conclusion of his trial; whereas there is no possibility to appeal this death sentence because there is no higher court to hear it; Whereas the death sentence without the possibility of appeal is incompatible with Bangladesh’s obligations under international human rights law; whereas the number of convicts on death row in Bangladesh rose to 1,102;

 

1. Expresses deep concern over the recent political unrest and violence in Bangladesh; supports the protestors in their struggle and urges all political leaders in the country to de-escalate political tensions and to enter into dialogue with each other; calls on all political forces to find a consensus on the modalities for an inclusive electoral process;

 

2. While supporting peaceful protest as fundamental to the exercise of democratic rights, condemns the use of violence by any political party or group; calls the opposition parties and independent organizations to take steps to deter their supporters from carrying out unlawful attacks, including on law enforcement officers or members of the public with different political views; Urges the Bangladeshi government to ensure that the security forces immediately stop using excessive force against protesters; urges the Bangladeshi authorities to ensure that all allegations of torture and ill-treatment are investigated impartially, and that those found responsible are brought to justice; supports the proposal to appoint an independent commission to investigate the deaths of dozens of protesters, including children;

 

3. Condemns the deterioration of the situation of human rights defenders in the country, including any acts of harassment, arrest and violence against members of human rights NGOs, journalists and labour rights activists, and stresses that those responsible for such abuses and violations must be held accountable;

 

 

4. Calls on the government and parliament of Bangladesh to recognise and defend the vital role of human rights defenders in the advent of democracy and the rule of law, and to create an enabling environment so they can carry out their activities freely and without hindrance; calls on the Bangladeshi authorities to put an end to any act of violence and harassment, including at the judicial level, against human rights defenders and to guarantee, under all circumstances, their physical and psychological integrity ;

 

5. Defends the rights of workers in Bangladesh to form, register and join independent trade unions without fear of harassment; considers the existence of democratic trade union structures to be a vital instrument in the struggle for better health and safety standards and working conditions, including higher wages; calls on the government of Bangladesh to guarantee these fundamental rights;

 

 

6. Notes the recent promise by garment producers to agree to an increase in the minimum wage in to 68 USD month and awaits the speedy implementation of this promise, however, continues to support the demand of Bangladeshi garment industry workers for a decent minimum wage of USD 100 per month, regards this as a vital step towards improving living conditions in the country

 

 

7. Calls on the government and parliament to respect the liberty of expression and solve the problems regarding the status of NGOs, notably the excessive delays in obtaining authorisations and the arbitrary de-registration and the renunciation to the adoption of any additional and disproportionate obstacles to their activities (as for example by adopting or by giving some substance to the controversial bill drafted by the NGO Affairs Bureau (NGO AB) on Foreign Donations Regulation to be integrated in the Foreign Donations (Voluntary Activities) Regulation Ordinance of 1978 and the Foreign Contribution (Regulation) Ordinance of 1982);

 

8. Calls on the government and parliament the full cooperation with ILO regarding the implementation of the action plan signed on May 2013; underlines the importance of the adoption of the additional labour law reforms and the implementation of the current regulations in force; urges the government to extend the coverage of the Labour Act to categories of workers currently excluded; calls to facilitate the registration of trade unions, to support their work and their protection and to improve the workplace safety; calls for the adoption Adopt a prohibition for employers to interfere in internal trade union affairs

 

9. Reiterates its strong opposition against the use of the death penalty in all cases and under any circumstances and its call on the Bangladesh authorities to commute all death sentences and introduce a moratorium on executions as a first step towards abolition of capital punishment;

 

10. Recalls that the issue of compensation for families and victims of the collapse of the Rana Plaza building on April 24th, making 1130 casualties and hundreds injured, is still not resolved ; calls companies including European ones to fulfill their commitments;

 

11. Deeply regrets that the violations of the obligations under the international human rights law during the trials against the perpetrators of crimes committed during the 1971 war undermine the historic opportunity for justice and reconciliation in Bangladesh; urge the Bangladeshi authorities to commute death sentence; urges the Bangladeshi Government to create the conditions for the independence of the International Crimes Tribunal and all other courts and their adherence to national and international judicial standards, including notably the guarantee of a free, fair and transparent trial as well as victim's right to protection, witnesses protection, truth, justice and reparation;

 

12. Calls on the government of Bangladesh to fully cooperate with UN Treaty Bodies, and in particular with the Committee Against Torture (CAT), the Human Rights Committee (CCPR), the Committee on Economic, Social and Cultural Rights (CESCR), and the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW); Calls to allow United Nations special rapporteurs to visit the country with a view to conduct independent assessment of the human rights situation;

 

13. Instructs its President to forward this resolution to the Council, Commission, the European External Action Service, the High Representative of the Union for Foreign Affairs and Security Policy / Vice-President of the European Commission, the EU Special Representative for Human Rights, the governments and parliaments of the Member States, the UN Secretary General, the UN Human Rights Council and the Government and Parliament of Bangladesh.