Dr. Salim Mahmud
In the joint statement issued by several foreign embassies in Bangladesh on the occasion of Human Rights Day, their statement could not be free from violation of the Vienna Convention, although the international law governing diplomats was observed to be free from violation of the Vienna Convention.
The statement referred to elections as part of universal human rights and the comments made about the electoral process in Bangladesh amounted to interference in the internal politics of Bangladesh. As according to international law, diplomats cannot interfere in the internal politics of any country, so they cannot interfere in any matters related to elections. Another thing is that even on human rights, foreign diplomats cannot make any comments that involve interference in internal affairs.
The statement is said to be inspired by the spirit of the United Nations Universal Declaration of Human Rights made in 1948 under the auspices of the United Nations. Those diplomats must remember that the Bangladesh Awami League under the leadership of Father of the Nation Bangabandhu included universal human rights in the constitution of Bangladesh. The illegal governments after August 15, 1975 have repeatedly violated these human rights protected by the constitution. Wounded the constitution with the thrust of the bayonet. Have the diplomats forgotten the two most important international covenants derived from the Declaration of Universal Human Rights i.e. International covenant on economic social and cultural rights of 1966 and International covenants on civil and political rights due to the ratification by Father of the Nation Bangabandhu’s daughter Sheikh Hasina in 1998 and 2000 respectively. Bangladesh International was a party to both these agreements. Bangladesh did not ratify any international human rights treaty during Khaleda Zia’s 10-year rule. Such was the picture during the unconstitutional governments. Almost all international human rights treaties except the government of the Father of the Nation have been ratified during the government of Bangabandhu’s daughter Sheikh Hasina.
The diplomats’ statement commented on the election process in Bangladesh. Do they know that the present election system in Bangladesh is of international standard. The Awami League government has done all the reforms to keep the election system completely impartial and transparent, including the establishment of the Independent Election Commission in Bangladesh.
Why do you have to reform the election? After August 15, 1975, after illegally seizing power and taking away people’s right to vote and abandoning democracy, military dictator Zia seized power by declaring himself army chief and president at the same time, setting up a subordinate election commission and using the election commission as a rubber stamp, yes no vote for the president. Elections, party formation, parliamentary elections were all frauds with the people. Another military ruler followed in Ershad Zia’s footsteps by seizing power, forming parties and rigging elections. Ershad was forced to resign in the mass movement. After the 1993 Dhaka City Corporation elections, when the Awami League candidate won, Khaleda Zia killed six Awami League workers with a terrorist force. Magura rigged votes extensively in by-elections including by-elections. On February 15, 1996, Khaleda Zia conducted a one-party election under mass curfew and rigged the vote extensively. Khaleda Zia was forced to resign on March 30 after a month of mass protests due to flagrant vote rigging.
After the 2001 elections, the BNP-Jamaat alliance committed massive human rights violations in Bangladesh. Thousands of Awami League leaders and workers and religious minorities were subjected to massive persecution in different parts of the country. As a result of BNP’s corruption creating terrorism and militancy, the people got angry and formed a mass movement. BNP added 1 crore 23 lakh fake voter list to voter list in 2006 election. At one point, a state of emergency was declared in the country. Awami League presented to the people various reform proposals in the election system with the aim of ensuring the voting rights of the people and institutionalizing democracy. After winning the 2008 elections, Awami League came to power and implemented reforms one by one.
Sheikh Hasina’s government enacted several laws, regulations, policy guidelines and in some cases amended existing laws and regulations to make the election system in Bangladesh completely transparent and impartial. All administrative, legal, regulatory, legislative and financial powers were conferred on the Election Commission through the enactment of the Election Commission Secretariat Act in 2009. But before 2009, the Election Commission was an office under the office of the Prime Minister. Election Commission is now completely independent due to Sheikh Hasina’s initiative. It is in no way a government front.
Diplomats know that in no country in the world has a government delegated its own constitutional power to appoint Chief Election Commissioners to an impartial search committee. Sheikh Hasina has done this work by making laws in Bangladesh. Currently, no country in the world has a more transparent election process. However, we do not understand why some diplomats have made statements about the election process of this country. This is a violation of the Vienna Convention on International Law. This type of work is not only a concern for Bangladesh. It is also a threat to the world community. Because condoning this type of violation of international law can happen in any country. Those diplomats who are doing this illegal act in Bangladesh will encourage other country’s diplomats to do this in their country as well.
According to the provisions of the Vienna Convention, diplomats shall act with full faith in the constitution and laws of the country in which they work. Cannot interfere in any internal affairs of that state. The Convention also provides that all activities of diplomats shall be conducted through the Ministry of Foreign Affairs of that country (receiving state) or any competent authority of that country. Outside of this process, diplomats are not allowed to comment on that country’s political or other issues in any other way.
One thing is noteworthy here. Some international organizations and some states publish human rights reports every year on the human rights situation of all countries. All these reports reveal human rights violations and raise concerns about them. Apart from this, diplomats cannot comment on matters that involve interference in the internal affairs of another state, including the human rights situation of that state.
