VZCZCXRO2662
OO RUEHAST RUEHBI RUEHCI RUEHLH RUEHNEH RUEHPW
DE RUEHKA #0129/01 0351201
ZNR UUUUU ZZH
O 041201Z FEB 09
FM AMEMBASSY DHAKA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8252
INFO RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RHHMUNA/USCINCPAC HONOLULU HI

UNCLAS SECTION 01 OF 02 DHAKA 000129 
 
SENSITIVE 
SIPDIS 
 
DEPT PLEASE PASS PEACE CORPS, USAID 
DEPT FOR SCA/PB, SCA/FO, DRL 
 
E.O. 12958: N/A 
TAGS: BG KDEM PGOV PHUM PREL
SUBJECT: BANGLADESH,S NEW NATIONAL HUMAN RIGHTS COMMISSION: 
HIGH ON POTENTIAL BUT LOW ON FUNDS 
 
Summary 
======= 
 
¶1.  (SBU) In a recent meeting with the Ambassador, the 
Chairman of Bangladesh,s newly appointed National Human 
Rights Commission (NHRC), Justice Amirul Kabir Chowdhury, was 
optimistic that the Commission would be able to tackle some 
of the country,s many human rights problems.  The retired 
Supreme Court Justice stated that within a few months of 
coming into existence the NHRC had already received over 30 
written petitions and has been given a broad scope of 
responsibilities.  He emphasized, however, that the NHRC 
still faced financial difficulties and was waiting to receive 
funding from the government to hire staff and rent permanent 
office space.  Without funding, the NHRC will not be able to 
effectively carry out its mandate.  COMMENT/ACTION REQUEST: 
The U.S. Government (USG) should seriously consider 
supporting the NHRC as a means of helping Bangladesh improve 
its human rights record. 
 
How the NHRC was born 
===================== 
 
¶2.  (U) The Caretaker Government (CTG) created the National 
Human Rights Commission (NHRC) through an ordinance which 
came into effect on September 1, 2008.  (Note: Under the 
Constitution, all ordinances promulgated by the caretaker 
government must be passed by parliament within the first 30 
days for them to take effect as a law (septel).  End note.) 
The CTG established the body to provide opportunities for 
people to seek redress in a society with significant barriers 
to access to the judicial system * among them the cost of 
litigation and complexity of procedures and evidentiary 
rules.  Observers also point out that the NHRC, as an 
independent entity, is better placed to deal with abuses by 
the state and to perform preventive and promotional functions 
with respect to human rights. 
 
Is it toothless? 
================ 
 
¶3.  (U) In broad terms the NHRC has four types of powers: 
investigation of alleged human rights violations, standards 
and legislation review, public education, and counsel to the 
government.  It is also required to submit an annual report 
to the President.  According to the Chairman, the NHRC will 
have the power to issue directives the government is bound to 
accept and can also inform the President and the Parliament 
of its findings.  In the meeting with the Ambassador, the 
Chairman and the two other commissioners agreed that their 
independent authority gave them the security to aggressively 
deal with human rights concerns. 
 
The future of the NHRC 
====================== 
 
¶4.  (SBU) According to February 4 newspaper reports, the NHRC 
ordinance is expected to be ratified by Parliament in an 
upcoming session.  Chowdhury remarked, however, that the 
ordinance would need to be amended in certain areas.  For 
example, he said the NHRC should be given jurisdiction to 
investigate cases that are already pending in the court 
system or administrative tribunal.  Whether the Parliament 
would pass the ordinance with amendments remains unclear. 
 
Finances still in doubt 
======================= 
 
¶5.  (SBU) The NHRC currently operates out of temporary 
offices located in a government residence and has not yet 
hired permanent staff.  At full strength, the Chairman 
anticipated the entire organization would consist of 64 
employees.  Although he had already submitted a budget for 
10, he expected funding would be slow in coming due to 
bureaucratic formalities.  Throughout the meeting, the 
Commissioners pointed to potential projects that could be 
undertaken if funding were available. 
 
Comment 
======= 
 
¶6.  (SBU) The creation of the NHRC is clearly an important 
step in the protection of human rights in this country of 150 
million people.  Civil society and the international 
community are pressing the government and Parliament to 
uphold the NHRC ordinance, just as they pushed the Caretaker 
Government to create the body in the first place. Given the 
 
DHAKA 00000129  002 OF 002 
 
 
broad mandate of the Commission, we expect the NHRC to be 
busy.  Funding, however, will likely dictate how effective 
the Commission will be.  Embassy Dhaka along with other 
international donors are looking at ways to help the NHRC. 
Supporting the NHRC presents an important opportunity for the 
USG to help Bangladesh improve its human rights record.  Post 
will work closely with the NHRC, USG agencies and donor 
partners to find ways to support and strengthen the 
institution. 
MORIARTY