The use of enforced disappearance in Bangladesh as a tool of political oppression : Human rights in retreat

Journal article


Bari, M. Ehteshamul. (2021). The use of enforced disappearance in Bangladesh as a tool of political oppression : Human rights in retreat. Michigan State International Law Review. 29(3), pp. 413-468.
AuthorsBari, M. Ehteshamul
Abstract

During the period between August 14, 1947 and December 15, 1971, when Bangladesh was in a union with Pakistan as its eastern province, the inhabitants of Bangladesh frequently witnessed the violation of their fundamental human rights in the hands of the Punjab-dominated establishment in the western province due to its frequent use of various arbitrary measures, such as the tool of enforced disappearance. Thus, when Bangladesh ultimately emerged as an independent nation on December 16, 1971, the founding fathers endeavored to establish a liberal democracy that would uphold the liberties of individuals. To this end, they incorporated extensive guarantees in the Constitution of Bangladesh (1972) for promoting and protecting the dignity and worth of individuals. However, this Article will demonstrate that almost fifty years since the nation achieved its independence, the promise of a liberal democracy has remained unfulfilled. The current government of the Bangladesh Awami League has indiscriminately used the tool of enforced disappearance to eliminate any perceived threats to its life and to, consequently, instill fear among the population, thereby consolidating its grip on power. Accordingly, this Article will put forward concrete recommendations for promoting and protecting the virtues which are essential for the establishment of a democratic society in Bangladesh based on the rule of law and human rights.

Year2021
JournalMichigan State International Law Review
Journal citation29 (3), pp. 413-468
PublisherMichigan State University Press
ISSN2328-3068
Web address (URL)https://heinonline.org/HOL/P?h=hein.journals/mistjintl29&i=440
Research or scholarlyResearch
Page range413-468
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online2021
Publication process dates
Deposited28 Oct 2021
Permalink -

https://acuresearchbank.acu.edu.au/item/8wy00/the-use-of-enforced-disappearance-in-bangladesh-as-a-tool-of-political-oppression-human-rights-in-retreat

Restricted files

Publisher's version

  • 136
    total views
  • 0
    total downloads
  • 9
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Human rights in South Asia during the COVID-19 pandemic : An overview
Bari, M. Ehteshamul and Shankar, Uday. (2024). Human rights in South Asia during the COVID-19 pandemic : An overview. In In Bari, M.Ehteshamul and Shankar, Uday (Ed.). Human Rights During the COVID-19 Pandemic : The South Asian Experience pp. 1 - 10 Springer Singapore. https://doi.org/10.1007/978-981-97-1480-3_1
The executive response to the COVID-19 emergency and the issue of protecting rights : The same old South Asian story
Bari, Muhammad Ehteshamul. (2024). The executive response to the COVID-19 emergency and the issue of protecting rights : The same old South Asian story. In In Bari, M. Ehteshamul and Shankar, Uday (Ed.). Human Rights During the COVID-19 Pandemic: The South Asian Experience pp. 13 - 36 Springer Singapore. https://doi.org/10.1007/978-981-97-1480-3_2
Criminalisation of media reporting on the government response to the Covid-19 pandemic in India, Pakistan and Bangladesh : Freedom of press in peril
Bari, Muhammad Ehteshamul and Naz, Safia. (2024). Criminalisation of media reporting on the government response to the Covid-19 pandemic in India, Pakistan and Bangladesh : Freedom of press in peril. In Human Rights During the COVID-19 Pandemic : The South Asian Experience pp. 89 - 99 Springer Singapore. https://doi.org/10.1007/978-981-97-1480-3_6
Emergency Powers and Martial Law under the Constitution of Bangladesh
Bari, Muhammad Ehteshamul. (2023). Emergency Powers and Martial Law under the Constitution of Bangladesh. In The Constitutional Law of Bangladesh: Progression and Transformation at its 50th Anniversary pp. 367-385 Springer. https://doi.org/10.1007/978-981-99-2579-7_21
Local Governance in India during a Pandemic : A Case for Granting Agency to Municipal Governments
Bari, Muhammad Ehteshamul and Dey, Pritam. (2022). Local Governance in India during a Pandemic : A Case for Granting Agency to Municipal Governments. In International Handbook of Disaster Research pp. 1-19 Springer Singapore. https://doi.org/10.1007/978-981-16-8800-3_66-1
Extrajudicial killings in Bangladesh : Exploring the phenomenon of human rights violations as a means of maintaining power
Bari, M. Ehteshamul. (2022). Extrajudicial killings in Bangladesh : Exploring the phenomenon of human rights violations as a means of maintaining power. Emory International Law Review. 36(1), pp. 35-79.
The independence of the judiciary in Bangladesh : Exploring the gap between theory and practice
Bari, M. Ehteshamul. (2021). The independence of the judiciary in Bangladesh : Exploring the gap between theory and practice Springer Singapore. https://doi.org/10.1007/978-981-16-6222-5
States of emergency and the law : The experience of Bangladesh
Bari, M. Ehteshamul. (2020). States of emergency and the law : The experience of Bangladesh Routledge.
The use of preventive detention laws in Malaysia : A case for reform
Bari, M. Ehteshamul and Naz, Safia. (2020). The use of preventive detention laws in Malaysia : A case for reform Springer. https://doi.org/10.1007/978-981-15-5811-5
The recent changes introduced to the method of removal of judges of the Supreme Court of Bangladesh and the consequent triumph of an all-powerful executive over the Judiciary : Judicial Independence in peril
Bari, M. Ehteshamul. (2020). The recent changes introduced to the method of removal of judges of the Supreme Court of Bangladesh and the consequent triumph of an all-powerful executive over the Judiciary : Judicial Independence in peril. Cardozo International & Comparative Law Review. 4(2), pp. 653-696.
The impact of declarations of emergency on human rights : A perspective from the Indo-Pak-Bangladesh subcontinent
Bari, M. Ehteshamul. (2019). The impact of declarations of emergency on human rights : A perspective from the Indo-Pak-Bangladesh subcontinent. Zeitschrift für Menschenrechte. 13(2), pp. 98-114.
The establishment of the judicial appointments commission in Malaysia to improve the constitutional method of appointing the judges of the superior courts : A critical study
Bari, M. Ershadul, Bari, M. Ehteshamul and Naz, Safia. (2015). The establishment of the judicial appointments commission in Malaysia to improve the constitutional method of appointing the judges of the superior courts : A critical study. Commonwealth Law Bulletin. 41(2), pp. 231-252. https://doi.org/10.1080/03050718.2015.1049634
The Unjust Exercise of Emergency powers in Bangladesh and their conquest impact on the fundamental rights : A critical study
Bari, M. Ehteshamul. (2014). The Unjust Exercise of Emergency powers in Bangladesh and their conquest impact on the fundamental rights : A critical study. Jurisprudence. 21(1), pp. 578-598. https://doi.org/10.13165/JUR-14-21-2-12
The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench : Advocating the establishment of an Independent Judicial Commission
Bari, M. Ehteshamul. (2014). The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench : Advocating the establishment of an Independent Judicial Commission. International Review Of Law. 2014(1), pp. 1-17. https://doi.org/10.5339/irl.2014.1