As Bangladesh observes the International Day of the Victims of Enforced Disappearances on Friday (30 August) along with the rest of the world, this year's commemoration in the country stands in stark contrast to those of previous years.
In the past, relatives of the victims of enforced disappearances and civil society organisations marked the day with heavy hearts, silenced by the inability to speak out or seek justice for their lost loved ones.
However, on Thursday (29 August), the chief adviser to the interim government, Professor Muhammad Yunus made a bold move by signing the Instrument of Accession to the International Convention for the Protection of All Persons from Enforced Disappearances.
This significant step is expected to hold the government more accountable and pave the way for justice for the victims.
The signing took place at the weekly meeting of the Council of Advisers, where the chief adviser was met with applause from fellow advisers.
"It is a historic occasion," Professor Yunus remarked.
The signing occurred just one day before the International Day for the Victims of Enforced Disappearances.
Earlier this week, the interim government also formed a commission tasked with investigating every case of enforced disappearance carried out by security forces.
Following the fall of former prime minister Sheikh Hasina, an illegal and secret detention centre known as "Aynaghar" was uncovered, and some individuals who had been illegally detained there for years have recently been released.
Widespread allegations have surfaced that many people were abducted, killed, and disappeared during Sheikh Hasina’s 15-year rule.
In response to the regime's downfall, on 14 August, Mayer Dak, a platform of relatives and civil society, issued a 24-hour ultimatum demanding the arrest of those responsible for enforced disappearances during Sheikh Hasina's tenure, including ex-Major General Ziaul Ahsan.
The law enforcement agency subsequently dismissed and later arrested Ziaul Ahsan, who is commonly accused of orchestrating enforced disappearances.
Legal cases have been filed against the ousted Prime Minister Sheikh Hasina and several others in various locations concerning the disappearance of individuals.
Sanjida Islam Tulee, the co-founder of Mayer Dak, told Bangladesh First that no one in the previous government had ever admitted that enforced disappearances occurred in the country.
"We did not receive justice. The interim government, however, has signed such an important international instrument in a very short time, which is a positive step," said Sanjida Islam Tulee.
Attention now turns to how long the government will take to enact laws in accordance with the international instrument.
Saad Hammadi, a fellow at the Balsillie School of International Affairs in Canada and a long-time advocate for human rights in Bangladesh, noted that Bangladeshi ministers have long denied the crime of enforced disappearances.
He stated that accession to the international convention provides the government with the premise to acknowledge this crime, investigate it, and be accountable for the allegations. This move will also define the scope of the newly formed inquiry commission to investigate these disappearances.
"Local and international human rights groups have documented at least 600 cases of enforced disappearances since 2009. Some individuals have returned after nearly a decade of being forcibly disappeared by state security forces," Hammadi said.
He emphasised that a domestic law would be necessary to determine the consequences of these crimes.
Furthermore, the government and the domestic inquiry commission should support an international investigative mechanism under the UN to ensure that perpetrators, some of whom may have fled the country, are brought to justice through international accountability mechanisms.
Noor Khan, a human rights activist in Bangladesh, praised the move, stating that from now on, Bangladesh will have to report to the United Nations about enforced disappearances.
"Now Bangladesh will have to make laws to implement it," said Noor Khan.
In August last year, Human Rights Watch reported that according to Bangladeshi human rights monitors, security forces have committed over 600 enforced disappearances since 2009.
While some individuals were later released, produced in court, or reported to have died during an armed exchange with security forces, nearly 100 people remain missing.
The government has previously refused offers from the United Nations to help establish a specialised mechanism to investigate allegations of enforced disappearances in line with international standards.
"Bangladesh authorities are fooling nobody by continuing to deny the reality of enforced disappearances, and instead, they are prolonging the suffering of families who are desperate to know the whereabouts of their loved ones," said Julia Bleckner, senior Asia researcher at Human Rights Watch.
"The government should show genuine commitment to addressing abuses by cooperating with the UN to open an independent commission of inquiry into enforced disappearances," she added.
On 10 December 2021, the US government imposed Global Magnitsky human rights sanctions against Bangladesh’s Rapid Action Battalion (RAB) and top commanders implicated in abuses, particularly enforced disappearances and extrajudicial killings.
