The UN's top human rights official visited Bangladesh this week, availing an opportunity to survey the situation on the ground following the ouster of the authoritarian government of Sheikh Hasina and the Awami League.

Volker Turk, the Austrian lawyer who has been the UN High Commissioner for Human Rights since 2022, held meetings with Chief Adviser Prof Muhammad Yunus, Chief Justice Syed Refaat Ahmed, Army Chief General Waker-Uz-Zaman, advisers, civil society members, UN officials, diplomats and Dhaka University students who took part in the July protests during his two-day stay in Dhaka.

The UN Human Rights Commission is engaged in legal reforms to enhance the acceptability of the International Crimes Tribunal (ICT) law. The UN system is also expected to provide forensic assistance and technical capacity-building.

Besides, an independent UN Fact Finding Mission is investigating atrocities committed during the July-August mass uprising. It is expected to finalise its report by the first week of December.

Turk laid emphasis on investigating "all killings" and offences related to freedom of assembly or expression during the period in question.

This runs contrary to the recently issued directive of the Home Ministry, which said no cases will be filed over any incident during the July-August uprising, against those who were involved in the student-led movement that led to the fall of the Sheikh Hasina-led government.

"Students and mass people who had actively worked to make the mass uprising a success from 15 July to 8 August will not be arrested or harassed either," said a media statement from the ministry.

But Turk, while responding to a question on the day of his departure, said: "All killings need to be investigated. We can't allow killings to happen."

It is crucial that the strong winds of change are harnessed and directed with human rights as the compass, added the UN rights chief.

Türk said to restore social cohesion and trust in institutions of the state, it will be crucial to rebuild the civic space that was progressively strangled in recent years.

"This will require reforming repressive laws, as well as state institutions that have been in the habit of stifling dissent," he said, adding that old habits die hard - only systemic change will ensure that the freedoms of expression, of association and peaceful assembly, and the right to political participation are respected.

The UN rights chief welcomed steps taken to repeal the Cyber Security Act, and to withdraw old cases of speech crimes under this law and the Digital Security Act.

He also welcomed statements by Chief Adviser Prof Muhammad Yunus that reinforce Bangladesh's commitment to human rights, to social justice, and accountability, that acknowledge the need for comprehensive reforms in various institutions, including law enforcement, as well as the need to address economic inequalities.

The rapid establishment of commissions to recommend reforms in the judiciary, the election system, the administration, police, the constitution, and Anti-Corruption Commission is commendable, Turk said.

"I understand further commissions are being formed on health, media, labour rights and women's affairs. In my discussions today with several of the commissioners, we discussed the importance of trust-building, inclusivity and the lessons that Bangladesh can draw from experiences in other countries that have grappled with similar issues," he added.

Turk said all these reforms could be a powerful step towards easing decades of intense political division in the country and curbing the patronage politics that have weakened its democratic foundations.

The pursuit of justice for the brutal violence against protestors and other people - including children - killed and seriously wounded in July and August is a priority, he said.

He was encouraged that in many of the discussions, there was a call for enhanced support of his office, including through a strengthened presence.

"We look forward to concluding the discussions on the modalities of our enhanced presence in Bangladesh with the interim government," said the UN rights chief.

The invitation for his office to deploy a fact-finding mission on human rights violations in the context of protests which took place in July and August this year was an important initiative by the interim authorities.

"A stronger presence in Bangladesh will enable my office to accompany and support the transition process in this area and in other areas, including by offering advice on legal, institutional, economic and social reforms, transitional justice, reconciliation, and healing," Turk said.

It is a priority for his office to support "this dynamic, diverse country" and its people through this period of transition, and to do everything they can to help ensure the protection and promotion of human rights for all in Bangladesh, he said.

Earlier, the UN rights chief received an official invitation from the Chief Adviser to conduct an impartial and independent fact-finding mission into human rights violations committed from 1 July to 15 August.

The office deployed a fact-finding team to Bangladesh, with a view to reporting on violations and abuses perpetrated during the protests, analysing root causes and making recommendations to advance justice and accountability and for longer-term reforms.

Volker Turk made a phone call to Prof Muhammad Yunus in August. Thereafter during the CA's visit to New York for the UN General Assembly, Prof Yunus sought support from foreign friends for Bangladesh's new journey towards a happy and prosperous future, stressing that they do not want to miss the opportunity to build a new Bangladesh.

As part of the continued engagement with the interim government, an advance team of the UN rights body visited Bangladesh from August 22-29. Members of the team started arriving in Dhaka in mid-September, and were expected to stay in the country for four weeks or so, including visits to all eight divisions. Turk informed the CA that it is expected to finalise its report by the first week of December.

Capital punishment to stay

Another point raised by Turk during his stay was on the question of the death penalty and its place in this new Bangladesh. The UN has a stated position that encourages the abolition of the death penalty worldwide. Notably New York-based Human Rights Watch last week raised this point as well. The suggestion has received short shrift however, from Bangladeshi officials.

Law Adviser Asif Nazrul informed Turk that abolishing the death penalty is not feasible in the current context. He made the remark following a meeting with Turk in Dhaka. During the discussion, Turk was told that such a change is impossible given the established penal system and century-old justice framework in Bangladesh.

He added: "With thousands of young lives lost at the hands of fascists, it is out of the question to suddenly abolish the death penalty. Any significant legal reform must align with societal aspirations."

The law adviser reassured Turk that justice would be served in the tribunal, clarifying that the proceedings are not motivated by vengeance. "There will be no injustices like those seen in previous courts. Nothing will be concealed; anyone can come and observe the trials," he stated.

Moreover, Asif Nazrul noted that Turk expressed support for the current government's reform initiatives, particularly regarding transitional transformation and the historical uprising of students and citizens.

Turk highlighted two key expectations, one of which was judicial independence. In response, the adviser confirmed the government's commitment to this goal and mentioned a proposal for a separate judicial secretariat put forth by the Chief Justice.

'A line in the sand'

During his visit to Dhaka University, Türk praised Bangladeshi students for standing up for human rights, equality and justice, and called upon them to keep human rights and rule of law as the compass to move forward.

"Human rights and the rule of law can be your roadmap and the compass, as you navigate the path from the violence of the recent past towards a new society and future," he said, while speaking at the University's Senate Bhaban on Tuesday (Oct. 29).

He said Bangladesh is a rich tapestry of promise, culture, and creativity. Full of potential ideas and justifiable demands for a better present and a brighter future.

"To realise that potential, Bangladesh must draw a clear line in the sand," he said.

"Inequality, cycles of revenge and retribution, marginalisation, corruption, and gross human rights violations must be consigned to the past. There must be no repetition, no going back. The present and future belong to equality, to justice."

"I stand together with all of you, as you look to build a more equal, more inclusive, and more just Bangladesh for all," he told the students while remembering their heroic movement in July-August and giving his proposals for the way forward.

"We have been inspired by the courage and sacrifice of your struggle. This is your journey - and we are here to accompany and support you on the way," he said.

"My office is ready to play its part, starting with the Fact-Finding Mission already underway. I will be discussing with the interim government areas where we can support on institution building, rebuilding civic space, accountability and healing processes, from a human rights perspective," he said.

"Young people, everywhere, are facing a tumultuous world, filled with deepening inequality and ongoing economic crises and uncertainty. Your present and future are being threatened by climate chaos that is becoming more destructive and ferocious every day.

"In Bangladesh, you know this better than most," he said.

While global leaders play politics with your future, young people are showing true leadership. Everywhere, they are standing up for climate action, justice and human rights, he said.

"Together with other students from both private and public universities, from madrasas, colleges and schools, together with people from across the country you have shown great courage in standing up for justice and equality for the people of Bangladesh.

"So, I am truly honoured to be speaking here today - at a pivotal time, and in a symbolic place.

"Our presence here today, marking a new beginning for Bangladesh, is a testament to their courage and a memorial to their sacrifice," he said.

"For much of your lives, destructive and corrupt politics entrenched an economy of inequality, irrespective of who was in charge. Political opposition, civic dissent and peaceful protest were suppressed, often violently. Atrocious violations - like extrajudicial killings, enforced disappearances, arbitrary arrests and detentions and torture - were met with denial and impunity.

"Prosperity, opportunity, decision-making, and equality were off limits for many people. And young people struggled in specific ways. Many were marginalised and disenfranchised, without access to quality education and jobs," he said, hailing the students to seize the moment in July "to put your country on a different pathway"

."Bangladesh now has an historic opportunity to renew and revitalise a genuine democracy. To deliver deep reform. To start a process of truth, justice and healing. To ensure that the benefits of development are enjoyed by all people," he added.

"And to rebuild your country on a foundation of equality - where every voice is heard and valued, irrespective of class, gender, race, political ideology or religion. And it is young people who have led the way. They provide understanding and clarity."

Fascism to fight fascism?

Hundreds of people were killed during the mass uprising that led to the ouster of Sheikh Hasina. But after she fled to India, many people, including police and Awami League activists, were killed in retaliation. Besides, there were attacks on minority communities.

At least 1,695 murder cases, including 75 against high profile politicians and businesspeople linked to the Awami League, have been filed since the formation of the interim government on August 8, according to a count maintained by The Daily Star.

Many of the cases were filed under the International Crimes Tribunal (ICT) Act, which has a provision of death penalty.

During his meetings with the advisers, Turk said there were issues in the ICT law that needed compliance with international human rights standards.

"Killings, all killings need to be investigated. That's what human rights demand, because we cannot allow killings to happen with impunity," Turk said. Bangladesh needs to establish justice, truth and reconciliation, he added.

About the government decision that no cases would be filed against people who worked to make the mass uprising a success, he said killings should be properly investigated irrespective of the identity of the perpetrators.

He also criticised the propensity for filing cases with unspecified, unnamed accused.

"We cannot have the filing of cases on charges that are not properly done and it is therefore extremely important to resolve this and there is a commission set up precisely to address this issue," Turk said.

"It is important in such a period that we don't repeat the past, that justice is properly served ... which means cases are properly investigated and charges are brought against precisely those who have committed crimes and they are also entitled to fair trial."

About the ban on Bangladesh Chhatra League under the anti-terrorism law, Turk said, "The world has seen the consequences of the so-called global anti-terrorism campaign .... Often, people who opposed the authorities were labelled as terrorists. We often see labelling of the terrorists to stifle the dissent. It is important to learn lessons from this country in the way terrorism label was used to stifle the dissent."

Volker's prescription

First, a human rights approach calls for truth, justice, and healing for recent events and past human rights violations.

These are the vital building blocks of just societies. Without healing, the legacy of violence is simply more violence and more victims. We cannot allow a vicious new cycle of reprisals and revenge to repeat itself. Take inspiration from role models such as Nelson Mandela, he said.

"The pursuit of justice must also go beyond trials of those responsible, and address the root causes to achieve the broader social transformation to which you aspire. We need to look forward, not only backwards.

"Such an approach should begin with a broad-based national dialogue to design a pathway towards truth, accountability, reparation, and national healing.

"It must be inclusive and centred on survivors and victims," he said.

He also urged the international community to provide psychological support in this healing process.

Second, at a broader level, he said, Bangladesh has an important opportunity to confront longstanding human rights violations, rebuild an open, diverse and tolerant civic space, and reform key State institutions.

"This is essential to rebuild social cohesion, restore trust in institutions and ensure such abuse of power can never happen again.

"A human rights approach requires examination, abolition and reform of repressive laws and institutions that stifle dissent.

"It means questioning whether punishments like the death penalty will help to take society forward. I am firmly against the death penalty and will continue advocating for its abolition here in this country and elsewhere.

"And a human rights approach requires an open environment for journalists, trade unionists, civil society activists and other human rights defenders to work freely and independently," he said.

"Beware of the idea that the ends justify the means. The process through which you seek change is just as crucial as the outcome.

"Strengthening institutions can be more important in the long term than tearing them down. A State cannot function without strong and independent institutions anchored in human rights. This will take time."

Third, human rights should underpin the democratic process.

"Bangladesh will have to grapple with decades of divisive politics that have not served its people well."

A human rights approach calls for a level playing field that enables all political parties to participate freely, he said.

Citizens must be able to participate in democratic governance and have a real say in decision-making.

Free and fair elections require an environment where freedom of expression, association and peaceful assembly are respected, he said.

Fourth, this is an opportunity for inclusive, sustainable development policies that benefit everyone.

Bangladesh has one of the fastest-growing economies in the world. But economic growth has been uneven, and the benefits have been concentrated among a small segment of society, resulting in high levels of inequality and even oppression, he said.

"A human rights approach also requires action to root out and prevent corruption, end cronyism and oligopolies, and ensure that public finances are managed transparently."