Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech, expression, and press, subject to
"reasonable restrictions" in the interest of security, friendly relations with foreign
states, public order, decency, or morality, or to prohibit defamation or incitement to
an offense. The Government generally respects freedom of speech, with the
exception of perceived criticism of Islam (see below).
There are frequent public rallies and speeches in opposition to government
policies. Opposition political parties used public rallies as the main venue to
express their views after they walked out of the Parliament in early 1994.
Newspaper ownership and content are not subject to government restriction. The
press, numbering hundreds of daily and weekly publications, is a forum for a wide
range of views.
The Government seeks to influence newspapers by the placement of advertising.
The Information Minister has publicly stated that one criterion for the placement of
government advertising is the "objectivity" of a newspaper's reporting. Some editors
complain that the Government's use of its advertising budget to punish critical
newspapers leads to self-censorship.
The Government also owns the only newsprint mill in the country, giving it the
power to shut down a newspaper by denying it newsprint. It determines how
newsprint is allocated, and, until recently, prohibited its import.
Foreign publications are subject to censorship. An issue of Time magazine was
banned in January, reportedly for publishing a photo of a model wearing a dress with
verses from the Koran embroidered on it. On the other hand, the authorities
permitted entry of foreign newspapers carrying editorials critical of the Government's
handling of the Taslima Nasreen case (see below).
The Government arrested several journalists for "offending the religious
sentiments of the people"--a violation of Section 295(a) of the Penal Code. Three
editors of the daily Janakantha were arrested for printing a satirical fable mocking
Islamic clerics who misinterpret the Koran. One editor was granted bail; the others
were imprisoned for several weeks. Their case is still pending. The authorities
issued warrants for the arrest of a reporter and editor of Ajke Kagoj and sued
the editor for publishing an article critical of the Jamaat-i-Islami, an Islamist political
party.
Two editors were threatened with legal action. In one case the editor of Bangla
Bazaar Patrika, Motiur Rahman Chowdhury, wrote a story about the alleged
involvement of Special Advisor to the Prime Minister Morshed Khan in a banking
scandal. Khan brought a case against Chowdhury, who was arrested and released on
bail. The case has not yet come to trial. In the second case, the editor of Ajker Kagoj,
Kazi Shahed Ahmed, wrote stories on the alleged role of leaders of the Jamaat-i-
Islami Party as collaborators with the Pakistanis during Bangladesh's 1971 war
for independence. Charges brought by Jamaat partisans resulted in warrants for
Ahmed's arrest. He surrendered to the court and was granted bail. The case remains
in the court system.
Several media organizations and bookstores were attacked with stones and
Molotov cocktails by groups of Islamic fundamentalists because they were allegedly
"against religion." The Information Minister condemned the attacks, but the
Government took no legal action against the instigators.
Some fundamentalist groups threatened a number of journalists, set fire to
newspaper offices, intimidated newspaper sellers, and offered rewards for the
murder of well-known writers and editors. The Government did not fully investigate
such incidents and failed to prosecute the perpetrators.
In May, while visiting India, author Taslima Nasreen became the target of
Islamists' ire after the Indian newspaper, The Statesman, quoted her as saying that
the Koran should be revised. Nasreen had gained prominence in 1993 when the
Government banned her book "Lajjya" ("Shame"), a fictional account of atrocities
committed against a Hindu family by Muslim neighbors, for inciting communal
misunderstanding and violence.
After The Statesman interview, Nasreen claimed that she had stated only that
Islamic law should be changed to improve the lot of women, and that the Koran was
"out of place and out of time"--rather than in need of revision. Nonetheless, Nasreen
became the object of death threats and protests staged by fundamentalist groups. In
June the Government issued a warrant for her arrest, citing the section of the Penal
Code which stipulates punishment of anyone who intentionally insults religious
beliefs. As a result of the arrest warrant and death threats, Nasreen went into hiding.
International media, human rights groups, and foreign governments criticized the
Government for failing to take action against those calling--and offering money--for
Nasreen's death. The Government finally warned the public against making
death threats. On August 3, Nasreen appeared under heavy guard before the High
Court which granted her bail and police protection. Following a court order voiding her
arrest warrant, Nasreen departed Bangladesh on August 9 for Sweden and did not
return to Bangladesh in 1994. Nasreen's trial continues, although in January 1995
the High Court ruled that the Government must provide a special sanction for the
charges because Nasreen's acts allegedly took place in a foreign country. The
Government has not yet responded to this order. By law, Nasreen may be tried in
absentia.
The Government owns and controls all the broadcast media which provide more
favorable coverage of the Government than of the opposition. This was particularly
true of government television's very slanted coverage of January mayoral elections
in Dhaka and three other major cities.
The availability of Cable News Network (CNN) and the British Broadcasting
Company's (BBC) international news and features for several hours a day on
government television has considerably increased the public's access to
international news.
The Government's film censor board continues to exercise control over films. In
May it banned a locally produced documentary on Chinese prodemocracy
movements because the film would injure the "susceptibilities of foreign nations."
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of every citizen to form associations,
subject to "reasonable restrictions" in the interest of morality or public order. In
practice, individuals are free to join private groups, but a local magistrate must
approve public meetings. Occasionally, the Government prohibits ralling.
