A/HRC/31/18/Add.2
without specifying what this cryptic warning is supposed to mean, thereby sending unclear
messages to society in general and law enforcement agencies in particular. In a climate of
increasing public nervousness, lack of clarity in public statements can have disastrous
effects.
38.
The shrinking space for civil society was a main issue in discussions with human
rights activists, journalists, academics and independent intellectuals. While chiefly feeling
under pressure from religious militants, some also experienced what one interlocutor called
“friendly fire”. Restrictive laws, such as section 57 of the Information and Communication
Technology Act, which threatens draconian sanctions for vaguely defined defamation
offences, have created an atmosphere of legal insecurity, in which people are afraid to
participate in public debates on sensitive issues, including religious issues.
39.
Even civil society activists who largely agree with the “secular” political agenda of
the current Government have expressed feelings of alienation and frustration. Arrests of
certain members of human rights organizations that have long existed in Bangladesh, using
the Information and Communication Technology Act, have added to the perception of a
rapidly shrinking space.
C.
Obstacles in consistent implementation
40.
The Special Rapporteur repeatedly came across assessments that constitutional
provisions, legal norms and political reform agendas lack consistent implementation, in
particular at the local level. This problem seems to affect various societal sectors, such as
education, public welfare, religious affairs, property issues and even guarantees of physical
safety by law enforcement agencies. Some members of religious minorities attributed this
problem to the mindset of certain people working in the administration who allegedly do
not accept minorities and thus tend to obstruct the implementation of laws favourable to
them. Others pointed to widespread corruption, which leaves economically impoverished
strata of society without sufficient influence. Moreover, some referred to a lack of
systematic monitoring, resulting in much arbitrariness exercised by local authorities, in
particular in remote areas.
41.
During the limited time of the visit, the Special Rapporteur could not go into a
comprehensive analysis of the various root causes underneath the lack of efficient
implementation. It seems clear in any case that the issue as such warrants heightened
attention also from the perspective of freedom of religion or belief, since members of
minorities may be particularly affected by protection and implementation gaps.
42.
People living in the intersection of different vulnerabilities — religious minority
status, gender, low economic income etc. — may suffer even more. Thus, training of law
enforcement agencies concerning the rights of minorities, effective policies of combating
endemic corruption and systematic monitoring of the administration are priority issues
identified by many civil society organizations.
V. Feelings of insecurity and vulnerability
43.
In discussions with religious minority communities, indigenous peoples and civil
society organizations, the Special Rapporteur often sensed feelings of anxiety and
insecurity. Such insecurity has different political, legal and societal dimensions, which may
affect individuals and groups in various ways.
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