Zafirah Rahman reports on the recent crackdown on freedom of expression in Bangladesh.
The recent arrest of a reporter in Bangladesh, which triggered nationwide protests and international condemnation, sheds light onto the wider issue of press freedom in the country. During the Covid-19 pandemic, the continuing government crackdown on media saw a surge in arbitrary arrests, harassment and intimidation. The suppression of the right to freedom of expression of journalists who have reported on the pandemic infringes Article 19 of the International Covenant on Civil and Political Rights, to which Bangladesh is subjected.
Journalist Rozina Islam arrested and charged over alleged document theft
Rozina Islam, a Bangladeshi investigative reporter, was arrested on May 17, 2021 under sections 3 and 5 of the Official Secrets Act 9 (OSA) and sections 379 and 411 of the Penal Code, for allegedly attempting to “collect sensitive government documents and taking photos of them” at the Health Ministry.1 This carries a sentence of up to 14 years in prison and the possibility of the death penalty. Islam had visited the Health Ministry in Dhaka to meet the Health Services Division Secretary and perform her duties as a diligent reporter but after a few hours, news broke out that Rozina had been detained in the Health Ministry without an official arrest warrant issued by the authorities. Islam denied all allegations against her and claimed that she went in to meet the Health Services Division secretary at around 3.30 pm, after which she was put in confinement for five hours. During this time, it has been reported that she was denied access to a doctor, even though she felt unwell and fainted. Later, Islam was handed over to the police.2
Brad Adams, executive director of Human Rights Watch’s Asia Division, stated that “Bangladesh authorities should produce evidence of wrongdoing or immediately release Rozina Islam and stop arresting journalists for doing their job, which is also to highlight governance flaws… Instead of locking up critics, encouraging a free press should be central to the government’s strategy to strengthen health services in combatting the pandemic.”3 Islam has reported on cases of government corruption, such as the country’s response to the coronavirus pandemic, which includes reports on the alleged mismanagement and bribery in recruitment at the health board, irregularities in the purchasing of emergency medical supplies to respond to the pandemic, and the holding of donated emergency medical supplies at the airport for ten months.4
The legal issue with the detention and subsequent arrest of Islam is that she had organised the meeting with the Health Services Division Secretary and was carrying out a standard journalistic practice when she was at the Health Ministry, one which was facilitated and known about by the government, and so, the fact that her actions were criminalised appears to be highly arbitrary. Islam’s detention sends a chilling message to reporters uncovering corruption in Bangladesh and sparked days of nationwide protests demanding her release.5 By speaking out about Islam, thousands of journalists, as well as political and civil rights activists, stood with journalists across the country to highlight the wider issue of press freedom. Islam’s arrest comes at a time when the Bangladesh government has been accused of aggressively suppressing press freedom.6 Notable journalists in Dhaka as well as international human rights groups commented on Rozina’s arrest, as it appears to be a result of her honest reporting on the government’s response to the pandemic.7
On 23 May, Rozina Islam was granted bail under the condition that she surrenders her passport. The next hearing in her case is scheduled for 15 July, 2021.8
Press freedom and human rights in Bangladesh
In accordance with international Human Rights law, Bangladesh has an obligation to ensure the right to freedom of expression, as enshrined in Article 19 of the International Covenant on Civil and Political Rights (ICCPR). 9 Although the rights to freedom of expression and access to information may be restricted, these restrictions must be provided by law, pursue a legitimate aim, and be necessary and proportionate.10 Responding to a public health crisis is arguably a legitimate aim but that does not give the government authority to disproportionately deprive a citizen of their right to freedom of expression completely and is likely not necessary to safeguard the health of the nation. In order to maintain the freedom of the press and to hold the government accountable, the media and press in Bangladesh should be able to able to carry out their legitimate activities without any hindrance or fear of reprisals. The arbitrary detention and judicial harassment of Rozina Islam illustrates the government’s misuse of the Penal Code and the Officials Secrets Act (OSA) to restrict Islam’s right to freedom of expression.
The OSA, under which Islam was charged, is an anti-espionage law adopted under the British colonial rule that has received criticism because of its recent application against Islam, with legal experts arguing that the law cannot coexist with contemporary journalism.11 Section 3 criminalises spying and Section 5 criminalises unauthorised disclosure of secret government information.12 The use of the OSA to legitimise the arrest of Islam highlights a concerning escalation in the crackdown on human rights defenders and freedom of expression in Bangladesh, including the continuing attacks on the media. Amnesty International reported that at least 247 journalists were subjected to attacks, harassment and intimidation by state officials and others affiliated with the government in 2020.13
Moreover, the introduction of the draconian Digital Security Act (DSA) 2018 was widely enforced to curtail freedom of expression. The government has continued to use the DSA 2018 to suppress the right to freedom of expression and to target and harass journalists and human rights defenders.14 The controversial provisions of the Act have received condemnation from civil society and human rights organisations, including the UN High Commissioner for Human Rights, who declared that the Act is not in accordance with international standards of human rights. Despite these criticisms, it has not been amended. This is therefore undermining Article 39 of the constitution of Bangladesh which guarantees freedom of thought and conscience and of speech, as well as Article 19 of the ICCPR.15
How press freedom has been affected by the pandemic
The coronavirus pandemic hit Bangladesh in early March 2020, and by the end of that month, dozens of people, including journalists, academics, opposition activists, a doctor, and students, had been arrested by the government for posting content on social media critical of the government.16 It was reported in May 2020 that since the start of the pandemic in Bangladesh, there had been a surge in the number of arrests, harassment and intimidation of journalists in particular, who were increasingly persecuted for reporting corruption and criticising the government’s COVID-19 policies.17 85 journalists have reportedly been charged under the notorious 2018 Digital Security Act. One of the most significant charges was of writer Mushtaq Ahmed, who died in prison after being locked up under the DSA for nine months.18 Furthermore, 11 people, including a cartoonist, two journalists and a writer, were charged under the DSA for allegedly posting about the coronavirus pandemic “to negatively affect the nation’s image and to create confusion among the public through the social media and cause the law and order situation to deteriorate”.19
Although Bangladesh’s freedom of the press has worsened dramatically over the last year, this is neither new nor unexpected. It is instead a continuation of the ongoing deterioration of human rights in the country including the right to freedom of the press and freedom of expression in past years. It has been argued that the current regime is growing closer to an authoritarian rule through state repression and removal of the opposition from the public sphere, particularly since the election of 2014, which was impacted by a low turnout, widespread violence and boycotted by the opposition.20 This is illustrated in the press freedom rankings, in which Bangladesh has seen a rapid decline in for the past six years, maintaining its status as the worst performer in South Asia since 2017.21 This is because the use of arbitrary measures to intimidate and harass journalists and media has created a culture of fear.
Alongside the obvious risk to life of inaccurate reporting of the pandemic, there have been concerns due to the government’s lack of transparency, poor state of public health facilities, and lack of preparedness. However, there is a larger political issue here for Bangladesh. Bangladesh is often referred to as a ‘paradox’ as on the one hand, the country’s economy has seen a stellar record of development as one of the fastest growing economies of Asia, whereas on the other hand, there is a weakness of governance in the social and political sphere.22 The assaults on media during the pandemic draws attention to the government’s claim of successful development and economic growth, perhaps exposing the hollowness of the development strategy being pursued. The ruling Awami League (AL) party has restricted freedom and democratic space, winning a third consecutive term in a 2018 election that was marred by violence and claims of vote rigging. It can be argued that the ongoing human rights violations have been overshadowed by the narrative of booming economic growth in the country in an attempt to keep international communities satisfied.23 The government continues to undermine the human rights of its citizens, including the right to freedom of expression, in order to limit the damage.
Conclusion
The actions taken by the government to manage the coronavirus pandemic calls into question the extent to which citizens in Bangladesh have the ability to express their opinions without being imprisoned or attacked. In order to bring back faith in the country that freedom of expression will not be targeted, the authorities must take effective action to stop the escalating attacks on the press and media and prevent any further harassment, as well as seek accountability for any past conduct of that nature. The government should conduct a full, independent review of the Official Secrets Act 2018 and Digital Security Act 2018 and bring them in line with the International Convention on Civil and Political Rights, ensuring that laws are sufficiently precise so as not to arbitrarily target the press so that they can carry out their peaceful and legitimate activities through the exercise of the right to freedom of expression. In addition, all those arbitrarily arrested and detained should be released.
[1] Dhaka Tribune. 2021. Investigative Journalist Rozina Islam Lands In Jail. Available at: <https://www.dhakatribune.com/bangladesh/court/2021/05/18/prothom-alo-journo-rozina-islam-sent-to-jail-in-official-secrets-act-case> [Accessed 13 June 2021.
[2] International Federation for Human Rights. 2021. Bangladesh: Release on bail of journalist Rozina Islam. Available at: <https://www.fidh.org/en/issues/human-rights-defenders/bangladesh-release-on-bail-of-journalist-rozina-islam> [Accessed 13 June 2021].
[3] Human Rights Watch. 2021. Bangladesh: Arrest of Journalist Investigating Corruption. Available at: <https://www.hrw.org/news/2021/05/20/bangladesh-arrest-journalist-investigating-corruption> [Accessed 13 June 2021].
[4] Rozina Islam, 2021. Discrepancies of Tk 3.5b in emergency procurement. Prothomalo. Available at: <https://en.prothomalo.com/bangladesh/discrepancies-of-tk-35b-in-emergency-procurement> [Accessed 19 June 2021].
Rozina Islam, 2021. There are life-saving materials. Prothomalo. Available at: <https://www.prothomalo.com/bangladesh/coronavirus/%E0%A6%AA%E0%A7%9C%E0%A7%87-%E0%A6%86%E0%A6%9B%E0%A7%87-%E0%A6%9C%E0%A7%80%E0%A6%AC%E0%A6%A8-%E0%A6%B0%E0%A6%95%E0%A7%8D%E0%A6%B7%E0%A6%BE%E0%A6%95%E0%A6%BE%E0%A6%B0%E0%A7%80-%E0%A6%B8%E0%A6%BE%E0%A6%AE%E0%A6%97%E0%A7%8D%E0%A6%B0%E0%A7%80> [Accessed 19 June 2021].
[5] Dhaka Tribune. 2021. Journalists across Bangladesh demand Rozina’s release. Available at: <https://www.dhakatribune.com/bangladesh/nation/2021/05/18/journalists-across-districts-demand-rozina-s-release> [Accessed 19 June 2021].
[6] Human Rights Watch. 2021. Bangladesh: Arrest of Journalist Investigating Corruption
[7] Front Line Defenders. 2021. Rozina Islam Released From Jail. Available at: <https://www.frontlinedefenders.org/en/case/rozina-islam-released-jail> [Accessed 19 June 2021].
[8] International Federation for Human Rights. 2021. Bangladesh: Release on bail of journalist Rozina Islam.
[9] United Nations General Assembly, International Covenant on Civil and Political Rights, Article 19
[10] Media Freedom Resource Centre OBCT. 2021. General Comment No. 34 On Article 19 ICCPR. Available at: <https://www.rcmediafreedom.eu/Tools/Legal-Resources/Legal-docs/General-comment-No.-34-on-Article-19-ICCPR> [Accessed 19 June 2021].
[11] Dhaka Tribune. 2021. ‘Official Secrets Act does not provide for punishment of journalists’. Available at: <https://www.dhakatribune.com/bangladesh/law-rights/2021/05/19/official-secrets-act-does-not-provide-for-punishment-of-journalists> [Accessed 19 June 2021].
[12] Official Secrets Act 1989
[13] Amnesty International, 2021. Amnesty International Report 2020/21. London, pp.70-82. Available at: <https://www.amnesty.org/download/Documents/POL1032022021ENGLISH.PDF> [Accessed 13 June 2021].
[14] Front Line Defenders. 2021. Two years since coming into force, Bangladesh’s Digital Security Act continues to target human rights defenders and suppress free speech. Available at: <https://www.frontlinedefenders.org/en/statement-report/two-years-coming-force-bangladeshs-digital-security-act-continues-target-human> [Accessed 19 June 2021].
[15] Bangladesh, The Constitution of the People’s Republic of Bangladesh 1972, Article 39
[16] Human Rights Watch. 2021. World Report 2021: Rights Trends in Bangladesh. Available at: <https://www.hrw.org/world-report/2021/country-chapters/bangladesh> [Accessed 19 June 2021].
[17] Article 19. 2021. Bangladesh: Alarming crackdown on freedom of expression during coronavirus pandemic – ARTICLE 19. Available at: <https://www.article19.org/resources/bangladesh-alarming-crackdown-on-freedom-of-expression-during-coronavirus-pandemic/> [Accessed 13 June 2021].
[18] The Diplomat. 2021. Bangladesh Journalist’s Arrest Highlights Growing Curbs on Press Freedom. Available at: <https://thediplomat.com/2021/05/bangladesh-journalists-arrest-highlights-growing-curbs-on-press-freedom/> [Accessed 13 June 2021].
[19] Article 19. Bangladesh: Alarming crackdown on freedom of expression during coronavirus pandemic.
[20] The University of Manchester. 2021. Bangladesh is booming, but authoritarianism could burst its bubble. Available at: <https://www.manchester.ac.uk/discover/news/bangladesh-is-booming/> [Accessed 20 June 2021].
[21] The Business Standard. 2021. Bangladesh still has lowest press freedom in South Asia. Available at: <https://www.tbsnews.net/bangladesh/bangladesh-still-has-lowest-press-freedom-south-asia-72217> [Accessed 19 June 2021].
[22] The Sunday Guardian Live. 2021. Development paradox: Bangladesh witnesses economic growth, but lacks in governance – The Sunday Guardian Live. Available at: <https://www.sundayguardianlive.com/news/development-paradox-bangladesh-witnesses-economic-growth-lacks-governance> [Accessed 20 June 2021].
[23] Dhaka Tribune. 2021. OP-ED: Development need not come at the price of human rights. [online] Available at: <https://www.dhakatribune.com/opinion/op-ed/2021/03/21/op-ed-development-need-not-come-at-the-price-of-human-rights> [Accessed 20 June 2021].
Image credit: © Adam Jones, Flickr
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