Applying for bail

If you are arrested and detained due to sedition charges, you can ask for bail by the police, namely, to be released on the condition that you appear in Court whenever you are required to. 

Note that not all offences are bailable. Bail can be asked for less serious offences. Section 496 of the Criminal Procedure Code states that the Officer in Charge of a police station must grant bail for bailable offences if you are prepared to furnish a bail bond. If the police officer does not comply with Section 496, this will amount to dereliction of duty.

In contrast, more serious offences are non-bailable. For those offences, bail cannot be granted if there is evidence that the person could be found guilty of an offence punishable by death or life imprisonment. However, in a few cases, persons charged with non-bailable offences might be granted bail.

Once the charges against you have ended

Filing a criminal complaint 

It might be the case that a state official illegally arrested you or unlawfully accused you of sedition.  This amounts to a malicious exercise of duties by the said official if it falls under the following sections:

• Section 166 of the Penal Code prohibits public servants from disobeying the law, “as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person.”
• In addition, the Penal Code in Sections 191- 211 penalises behaviours that aim to obstruct justice by wrongfully initiating criminal cases against someone and making a false statement against someone. Section 211, stipulates “Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
• More specifically concerning public servants, Section 219 penalises public servants who make reports contrary to the law during judicial proceedings and Section 220 punishes persons having authority to commit persons for trial or confinement of malicious exercises of their duties. 
• Section 220 of the Penal Code states “Whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or confinement, or keeps any person in confinement, in the exercise of that authority, knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.”
• Sections 339, 341,  248 of the Penal Code punish wrongful restraint and wrongful Confinement.
• If you have been arrested and detained due to the wrongful charges brought against you and you were being ill-treated during detention, Sections 330 and 331 of the Penal Code are pertinent as they prohibit anyone, including state officials from voluntarily causing you hurt or grievous hurt in order to exhort confession.

If you think that the state official who illegally arrested, detained or accused you of sedition, has committed any of the criminal offences above,  you should consider reporting the incident to the authorities. This can be done by:

1.  Reporting the incident to the nearest police station. 

Depending on the specificities of your case, the police officer will do one of the following:

1. If the offence is cognizable, he/she will file a First Information Report and will conduct an investigation without requiring an order from the magistrate. If during the investigation, the officer reasonably suspects that a particular individual or individuals committed the offence, they may arrest the suspect or suspects without a warrant of arrest.
2. If it is a non-cognizable offence, the police officer will record the complaint and make a case entry in the Diary (known as a ‘GDE’). Then, he/she will refer you, together with the original copy of the GDE to a Magistrate to obtain permission for investigation.

2. You can file a complaint directly to the Magistrate. 

When a cognizable offence is reported directly to a Magistrate, the Magistrate may refer the petition of complaint to the police as a First Information Report for the police to investigate further. If the Magistrate is of the opinion that the petition does not need to be referred to the police, they can interview the complainant and any witnesses and record what they have to say in writing (Section 200 of the Criminal Code of Procedure). If the Magistrate is of the opinion that there is no substance to the complaint, they may dismiss it. If they believe there is a case to answer, they will take cognizance of the case and proceed.

Where the complaint for a non-cognizable offence is made directly to a Magistrate, the Magistrate will examine the complainant (and any other witnesses present) under oath. If the Magistrate believes an offence has been committed, they will instruct the police to investigate. If not, they may dispose of the case. 

What can you expect? 

Once the police have identified a suspect or suspects and have finished the investigation, they will arrest them or a Court will summons them to appear in Court in minor cases. In non-cognizable cases, the police may arrest an accused without a warrant of arrest. If it is a cognizable offence, they will need to ask a Court to issue a warrant of arrest before arresting the accused.

The case will then go to the trial stage. After hearing the prosecution’s case and examining the accused and allowing him to present the case, the court will decide whether the accused should be acquitted for lack of evidence or whether he/she should be convicted. The burden of proving the case lies with the prosecutor. To be convicted, the commission of the offence should be proven beyond reasonable doubt.

What if you are not satisfied with the outcome? 

If you are not satisfied with the outcome of the trial, because, for example, you believe that the accused was unlawfully acquitted, then you can file an appeal. The appeal should be filed before the High Court Division and should be based on the belief that the lower Court made a mistake of fact or an error of law. 

You can also ask for ‘revision,’ of the decision by a higher court when you think that the correct procedure was not followed. If the higher court finds problems, it will send the case again to the lower court or try the case on its own. 

How can you get compensation? 

You can ask the Criminal Court for compensation, on the basis of Section 545 of the Code of Criminal Procedure. That section foresees that when a Criminal Court imposes a fine on an accused, then the Court might order that this fine is paid as compensation for any loss or injury caused by the offence to the victim. For such an order, the case should have reached the appeal stage.

Furthermore, under Section 250 of the Code of Criminal Procedure, in cases tried by Magistrates which are proven to be frivolous, the Magistrate may ask the person who instituted the frivolous complaint to pay compensation to the accused. If they do not comply with the Magistrate’s order to pay compensation, then the Penal Code foresees thirty-day imprisonment. 

Applying for bail during your criminal detention

If you are arrested and detained due to sedition charges, you can ask for bail to the Court, when you first appear before it or at any other time. If the offence you are charged with is bailable, then the Court is obliged to grant bail, whereas if the offence is non-bailable, it is upon the discretion of the court to grant it or not. 

Note that the legal framework foresees also anticipatory bail. If you are likely to be arrested and detained, you have the option to ask for anticipatory bail according to Section 498 of the Criminal Procedure Code. This petition is filed to the High Court Division or to a Court of Sessions.

Not all offences are bailable. Bail can be asked for less serious offences.

Challenging the legality of your arrest or detention

If you have been arrested or detained on wrongful charges of sedition, you are entitled to approach the High Court Division of the Supreme Court and file a ‘habeas corpus’ petition in accordance with Article 102(2)(b) of the Constitution. With this petition, you ask the court to decide on the legality of your detention and order your release. 

You can file a habeas corpus if:

• You are not produced before within 24 hours of your arrest.
• The arrest has been made without any violation of law done by the person
• The arrest has been made for an unconstitutional law i.e. a law against the provisions of the Indian Constitution
• Detention is done with mala fide intent, or with the intent to harm the persons
• The prisoner is maltreated by the detaining authorities

Challenging the legality of preventive detention

If you are detained under a law allowing preventive detention, the authority making the order must tell you the grounds for the order as soon as possible and you should be given the opportunity to challenge such an order. The detention order is amenable to judicial scrutiny by the High Division of the country in its writ jurisdiction.

Asking higher courts to quash orders

If an administrative authority, a state official or a court, carry out an act, issue a decision or omit to do so, which somehow influence your human rights protection during your trial, you can consider filing a writ petition. Those petitions can be filed, when you want to ask the court to issue an order directing lower courts or authorities to do something or stop them from doing something. Depending on the specific circumstances of your case, you might choose to file one of the following writs:

1. Writ of Mandamus: with this petition you ask the higher courts to order the lower court, tribunal, forum or any other public authority to do some particular act that is related to its duties, under the law or the constitution. By filing for a writ of mandamus, you ask the Court to order an authority or official to properly fulfil their official duties according to the law.
2. Writ Of Prohibition: with this petition you ask the higher courts to prohibit lower courts, including the tribunals, forums or any public authority (magistrate, commissions, or any other judicial officers), from exceeding their jurisdiction or abusing their power.
3. Writ of Certiorari: with this p,etition you transfer the matter before a superior authority for proper consideration because the lower one has exceeded or did not have jurisdiction or violated the principle of natural justice. It cannot, however, be used to amend a conviction.

Example: After you are arrested and detained, and to address the wrongful proceedings instituted against you, you can file a writ petition before the High Court, using Section 561A of the Code of Criminal Procedure. Section 561A enables the High Court to make the necessary orders to prevent abuse of the process of any Court or otherwise to secure the ends of justice. With this petition, you will ask the High Court to quash the FIR against you or to correct any similar unfairness in your case. You will bear the burden of proof to prove that the FIR has been lodged only for malicious reasons and to trouble you.

In your writ petition, you can also ask for compensation.

Where should you file a writ petition? 

To the High Court Division of the Supreme Court.

Defences during your criminal trial

In order to defend yourself against the sedition charges, you should put forward your constitutionally protected freedom of expression and thought. 

In addition, Section 124A of the Penal Code criminalises statements that ‘excite disaffection towards the lawful Government.’ The expression "disaffection" under this section includes disloyalty and all feelings of enmity. However, any comment expressing disapprobation of the measures of the Government with a view to obtaining their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, does not constitute an offence under this section. Even comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt, or disaffection, do not constitute sedition. You can therefore claim that your statement or action does not amount to sedition, and it is a mere disapprobation of the government.

Further to that, you might be charged with Section 153A of the Penal Code for promoting feelings of enmity or hatred between different classes of the citizens of Bangladesh. In that case, you should claim the exception provided by the article. Namely, it does not constitute an offence if someone merely pointed out, without malicious intent and with an honest view to their removal, matters which are producing or tend to produce, feelings of enmity or hatred between different classes of the citizens of Bangladesh.

Filing appeal against the judgement of the lower court

If you have been wrongfully prosecuted and convicted for sedition, you can consider using the remedies provided by law to reverse the judgment of the lower court and have your case re-decided by a higher court. Those remedies are appeal and revision. If you are not satisfied with the outcome of the trial, because, for example, you believe that the accused was unlawfully acquitted, then you can file an appeal. The appeal should be filed before the High Court Division and should be based on the belief that the lower Court made a mistake of fact or an error of law. 

You can also ask for ‘revision,’ of the decision by a higher court, when you think that the correct procedure was not followed. If the higher court finds problems, it will send the case again to the lower court or try the case on its own. 

Once the charges against you have ended

Asking compensation from the state

If your trial was unfair, or principles regarding arrest and detention, as well as trial and punishment, were not respected, then you can consider filing a writ petition claiming compensation from the state for the violation of your freedom of expression (constitutional tort), under Articles 44 and Article 102(1) of the Constitution. 

Your rights in relation to arrest and trial procedures are enshrined in Article 33 of the Constitution on ‘safeguards in relation to arrest and detention,’ Article 35 on protections in respect to trial and punishment, Article 31 on the right to protection of the law and Article 27 on equality before the law.

For which cases? 

Public law tort can be used as an instrument to get compensation from the government authorities in cases of tortious liability like wrongful confinement by th law enforcement agencies, death from the negligence of government authorities, and unlawful arrest.

Is there immunity of public officials?

 The Court in the CCB Foundation vs Government of Bangladesh case, held that Article 146 of the Constitution of Bangladesh does not make any distinction between sovereign and non-sovereign acts, and thus, the claim for compensation against any public authority is not barred by the Constitution.

Where should you file it? 

To the High Court Division of the Supreme Court.

Hello MP System

Hello MP System was developed by the Institute of Informatics and Development. Its aim is to connect citizens of remote villages with their respective Members of Parliament (MP). If you have a complaint about a human rights violation by the state or a state agency, you can use the Hello MP to inform about your situation. 

National Human Rights Committee (NHRC)

The National Human Rights Commission has the mandate under Section 12 of the National Human Rights Commission Act to handle complaints relating to allegations of human rights violations. If a state official or agency violated any of your rights, by wrongfully prosecuting you or contributing to your wrongful prosecution for sedition, you may file a complaint to the National Human Rights Commission.

What should you expect? 

• The National Human Rights Commission has the competence to inquire into complaints but also to initiate inquiries on its own initiative. 
• It focuses on violations committed by a person, the State, a government agency, institution, organisation, or public servant, including violations committed by law enforcement officials. In that regard, it enjoys the power of a civil court.
• When investigating a violation, the Commission can appoint mediators or propose arbitration. 
• It can also provide legal aid.
• If the Commission finds the complaint is true, after concluding the inquiry, it may recommend the government initiate prosecution or other legal proceedings against the offender. The Commission can also submit a petition before the High Court Division of the Supreme Court on behalf of the victim if certain criteria are met. 
• The Commission may recommend the government or concerned authority to sanction such an amount of temporary grant to the victim or his family as it considers appropriate. 
• Section 19(4) stipulates that the Commission shall send a copy of the inquiry report with recommendations to the government or the concerned authority. If the government or the concerned authority does not take action, then they should inform the Commission about it and provide reasons. Equally, they should inform the Commission, if they are willing to take other measures than the ones proposed. 

How to submit your complaint? 

The Commission has a hotline number 16108, e-mail, online through NHRCB website: http://nhrc.org.bd/, by post, in person complaint lodging system at present. 

UN Human Rights Council Special Procedures

The Special Procedures of the UN Human Rights Council (‘Special Procedures’) are independent human rights experts (‘Rapporteurs’) and ‘Working Groups’ with mandates to report and advise on thematic human rights issues. 

With the support of Office of the United Nations High Commissioner for Human Rights (OHCHR), special procedures can:

• Undertake country visits
• Act on individual cases of reported violations and concerns of a broader nature by sending communications to States and others
• Contribute to the development of international human rights standards, and
• Engage in advocacy, raise public awareness, and provide advice for technical cooperation.

In cases of business-related human rights abuses, you can draw the attention of your government and raise public awareness by submitting a complaint to the Special Procedures. You can submit a complaint to the Special Procedures if you have suffered an abuse by the state or by a business. Where a business has caused harm, the state is also responsible for failing to protect you, investigate the harm, and/or provide remedies.

The UN has established various Special Procedures. In cases of attacks against human rights defenders that work on business and human rights issues, the most relevant are:

• Special Rapporteur on the situation of human rights defenders
• Working Group on the issue of human rights and transnational corporations and other business enterprises (also referred to as the “UN Working Group on Business and Human Rights”)
• Special Rapporteur on the promotion and protection of human rights in the context of climate change
• Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy, and sustainable environment
• Working Group on Arbitrary Detention
• Special Rapporteur on extrajudicial, summary, or arbitrary executions
• Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
• Special Rapporteur on the rights to freedom of peaceful assembly and of association
• Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
• Special Rapporteur on the rights of indigenous peoples
• Special Rapporteur on the right to privacy
• Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
• Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes

These are just a few of the Special Procedures. You can find a comprehensive list here: https://spinternet.ohchr.org/ViewAllCountryMandates.aspx?Type=TM&lang=en

In addition, in June 2022, the world’s first Special Rapporteur on environmental defenders was elected under the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention).  The function of this new Special Rapporteur is to ‘take measures to protect any person experiencing or at imminent threat of penalization, persecution, or harassment for seeking to exercise their rights under the Aarhus Convention'. You can submit a complaint to the Special Rapporteur even if domestic remedies have not been exhausted and any information submitted will be kept confidential.  The new Special Rapporteur has various tools for resolving complaints and protecting environmental defenders quickly including: 

• Issuing immediate protection measures; 
• Using diplomatic channels; 
• Issuing public statements; and 
• Bringing the matter to the attention of human rights bodies and the government concerned. 

Who can submit information? 

Information submitted to the mandate-holders may be sent by a person or a group of persons who claim to be the victim(s) of human rights abuses. Non-governmental organsations (‘NGOs’) can also submit information, provided they have direct and reliable knowledge of the alleged abuse. 

Under what conditions? 

Your communication should fulfil the following conditions:

1. Communications must not be exclusively based on mass media reports. 
2. The communication should contain a factual description of the alleged human rights abuses, especially any available information as to the date and place of the incidents, alleged perpetrators, suspected motives, and contextual information.
3. The communication should be submitted based on credible and detailed information.
4. Include full details of the sender’s identity, address, the name of each victim (or any other identifying information), or of any community or organisation subject to the alleged abuse. In communications to governments, the mandate-holders normally preserve the confidentiality of their information source, except where the source requests that its identity be revealed. 
5. Indicate any steps you have already taken at the national, regional, or international level in relation to the case. However, you do not need to have exhausted domestic remedies to have your allegation examined by Special Procedures.

How to submit information?

The application for all Special Procedures is the same. Upon receiving the information on your case, the UN will notify the relevant mandate holders. Therefore, you do not have to choose the specific mandate holder for your case, but you must present your case so that all appropriate offices are notified.

Any communication addressed to Special Procedures mandate-holders must clearly indicate what the concern is in the subject heading of the message and be addressed to: 

Special Procedures Division c/o OHCHR-UNOG

 8-14 Avenue de la Paix 1211 Genève 10, Switzerland 

Fax: +4122 917 90 06 

Email: urgent-action@ohchr.org (for complaints and individual cases) 

For any other information: spdinfo@ohchr.org

You can find the link here [Office of the High Commissioner for Human Rights - Submission of information to Special Procedures (ohchr.org)]

What should you expect? 

It is left to the discretion of the mandate-holder to decide whether to act in a given situation. Usually, the Special Procedure will investigate the case and send a letter to the government regarding the abuse that you reported. The letter will ask for clarifications. Where necessary, the Rapporteurs may request that the concerned authorities take action to prevent or stop the abuse, investigate it, bring to justice those responsible and/or make sure that remedies are available to the victim(s) or their families. In these letters, the Rapporteurs may also inform the state of the applicable human rights provisions. In cases where the state is repeatedly failing to reply, the mandate holder might issue a press release. Upon receiving information on abuses, mandate-holders may carry out visits to countries to investigate the human rights situation on the ground. 

! Note that the Special Procedures Rapporteurs do not have power or authority to enforce their views or recommendations.

Who can you reach out to for support? 

To increase exposure and collaboration with the OHCHR, it is recommended that you build relationships with your local OHCHR office. Bangladesh is covered by the OHCHR Headquarters in Geneva. 

If possible, it is also recommended to visit the OHCHR in Geneva or network with organisations that work directly with the OHCHR. 

The Complaint Procedure of the Human Rights Council
 

What is the Procedure? 

It is a confidential procedure that aims to address consistent patterns of gross and reliably attested human rights violations in all UN member states, irrespective of whether they have ratified any particular treaty. It is useful for drawing attention to serious underlying problems and calling on the UN to investigate human rights situations in different countries. However, it is not a procedure that will provide a tangible remedy in a particular case. 

Who can submit a complaint? 

The complaint  must come from a person or a group of persons alleging a violation of their human rights and fundamental freedoms. In addition, NGOs are permitted to lodge a communication provided they have direct and reliable knowledge of the violations.  

Under what conditions? 

Your complaint will be admissible if the following conditions are met: 

1. It should include your name or the name of the organization who is filing it. Its subject should be consistent with the Charter of the United Nations, the Universal Declaration of Human Rights (UDHR) and international human rights law. Your application should not be politically motivated.
2. Your complaint should give a complete description of the facts of the alleged violations, the rights that were violated as well as the perpetrator(s). It should not be based exclusively on mass media reports. 
3. You should attach to your complaint  copies of all documents of relevance, especially administrative or judicial decisions on the complaints issued by national authorities.The language of the communication must not be abusive. 
4. Your complaint should not have already been dealt with by a Special Procedure, a treaty body, or any other UN or similar regional complaints procedures in the field of human rights. 
5. You should have first exhausted domestic remedies, (i.e., you should attempt to use the available national legal protections to seek accountability or reparation for the violation, appealing as necessary until the claim can be pursued no further at the national level) , unless those remedies would be ineffective or unreasonably prolonged. You should demonstrate the steps you took to exhaust domestic remedies in your application.

Process for filing under that procedure? 

You should send your complaint to:

Complaint Procedure Unit

Human Rights Council Branch

Office of the United Nations High Commissioner for Human Rights

United Nations Office at Geneva

CH-1211 Geneva 10, Switzerland

Or by e-mail to: cp@ohchr.org or to any country or regional office of the United Nations High Commissioner for Human Rights.

What should you expect?

After an initial screening is done, your complaint will be transmitted to the State concerned to obtain their views on the allegations of violations contained therein. You will be informed of the proceedings at the key stages and you might be asked to provide further information if necessary. 

The Human Rights Council will examine a report of your case in a confidential manner (unless it decides otherwise) and may decide one of the following: to discontinue considering the situation when further consideration or action is not warranted; to keep the situation under review and request the State concerned to provide further information within a reasonable period of time; to keep the situation under review and appoint an independent and highly qualified expert to monitor the situation and report back to the Council; to discontinue reviewing the matter under the confidential complaint procedure in order to take up public consideration of it; to recommend to OHCHR to provide technical cooperation, capacity building assistance or advisory services to the State concerned. 

All material provided by individuals as well as the replies by the Government remains of confidential nature during and after the consideration by the Complaint Procedure.

Filing a communication to the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of the Child, the Committee on the Rights of Persons with Disabilities

Some treaties also establish a ‘Committee’ which you can approach when your rights are violated. If an abuse occurs in Bangladesh, the Committees of the following three conventions have the competence to investigate complaints:

• the Convention on the Elimination of All Forms of Discrimination against Women 
• the Convention on the Rights of Persons with Disabilities foresees a complaint procedure

Therefore, if your rights as a woman, a child or a person with disabilities have been harmed by the threats, intimidation or harassment that you suffered, then you can file an ‘individual communication’ to the respective Committee.

• Women Committee on the Elimination of Discrimination against Women
• Persons with Disabilities Committee on the Rights of Persons with Disabilities

! Note that your rights can be violated

• By the state directly.
• By the state indirectly, if a corporation has committed an abuse against you, and your state fails to prevent the abuse, investigate your case and/or provide remedies.

Under which conditions can you file a communication?

1. You should be the direct victim or a group of victims. You may also bring a claim on behalf of another person, with proof of his/her consent (unless the person is in prison or is a victim of an enforced disappearance).
2. The complaint should include your name, nationality, date of birth, mailing address and email, and specify the State party against which the complaint is directed. If the complaint is brought on behalf of another person, proof of his/her consent should be provided. You can request that your personal information remains confidential.
3. Your communication should be very specific when describing the act or omission that amounts to an abuse of human rights. You should also give sufficient information regarding the facts and the arguments put forward.
4. You should refer to the treaty provision(s) that you allege has been violated.
5. You should give detailed information on the alleged perpetrator.
6. You can file the communication alone, but you should also consider the assistance of a lawyer or an NGO.
7. You should avoid bringing the same complaint before the same Committee if no new circumstances have arisen.
8. Your complaint should not be under consideration in another international or regional mechanism at the time of submission. 
9. You should first exhaust domestic remedies, unless they are unduly prolonged or clearly ineffective, including any judicial or administrative remedies, and appeal processes to obtain protection and/ or just and fair reparation for the violations suffered.
10. You should file your communication as soon as possible. 
11. You should file the complaint in one of the official UN languages (Chinese, Russian, Arabic, English, French or Spanish).
12. You can attach to your communication any supporting documentation you deem appropriate (translated into one of the official UN languages), such as the authorisation to act for another person, decisions of domestic courts and authorities on the claim, the relevant national legislation, any document, or evidence that substantiates the facts, etc.

What can you ask for?

You might ask for interim or provisional measures before the adoption of a final decision. Those measures can be asked in urgent cases to prevent irreparable harm to the alleged victim, while the case is still pending consideration by the Committee. 

“Irreparable harm” refers to harm which, due to its nature, cannot be susceptible to reparation.

If you request interim measures, you must demonstrate that the risk of harm is real and personal and that, should it materialise, the damage would be irreparable. Typical interim measures include, for example, the suspension of the execution of a death sentence or deportation to a country where the person faces a risk of torture or ill treatment.

! At any stage of the process, you can also request the adoption of protection measures from reprisals and retaliation. 

Who to reach out for support? 

It is recommended that you work collaboratively with NGOs to bring the abuse to the attention of UN bodies. If you require support with your communication, you can find a list of organisations that can provide you with guidance and assistance here. See Ressource Hub. 

Necessary information to include in the communication

You can find the form here PUAS-online-form-E.docx (live.com)

1. Signature
2. Date
3. The treaty provisions invoked
4. The Committee it is addressed to
5. Your personal information and contact details to be used for communication
6. The capacity in which you submit the communication (victim, parent of the victim, another person) 
7. Name of the state concerned.
8. Information and description about the alleged perpetrator(s) of the violation(s). 
9. Description of the alleged violation(s)
10. Description of the action taken to exhaust domestic remedies. If they have not been exhausted, explanation of why this has not happened. 
11. Action taken to apply to other international procedures (if any). 
12. Supporting documentation

Where to send the communication?

• Mail:
  Petitions and Inquiries Section
  Office of the High Commissioner for Human Rights
  United Nations Office at Geneva
  1211 Geneva 10, Switzerland
• Fax: 
  + 41 22 917 90 22
  (particularly for urgent matters)
• Email: 
  ohchr-petitions@un.org

What can you expect?

The respective committee will receive information from you and the state. Depending on the situation it might ask the state to adopt interim or protective measures to prevent irreparable harm from being done to the victim of the alleged violation. Then, it will decide – if applicable – if the state will recognize the violation or find it ill-founded. The committee’s decisions are not legally binding, but the state has a good faith obligation to take it into consideration and implement the recommendations, simply because they have signed the respective treaty.

More information can be found here: OHCHR | Individual Communications

International Labour Organization - Representations’ procedure

The International Labour Organization (‘ILO’) is a specialised agency of the United Nations, responsible for developing and overseeing international labour standards. It has adopted 189 Conventions. The most important of them are the eight fundamental Conventions, which cover a broad range of topics concerning work, employment, social security, social policy and related human rights. They are legally binding on the states that have ratified them. 

Bangladesh has ratified the following fundamental conventions: 

• Forced Labour Convention (No. 29)
• Freedom of Association and Protection of the Right to Organise Convention (No. 87)
• Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
• Equal Remuneration Convention (No. 100) 
• Abolition of Forced Labour Convention (No. 105)
• Discrimination (Employment and Occupation) Convention (No. 111)
• Worst Forms of Child Labour Convention (No. 182)

You can find the Conventions ratified by Bangladesh here.

Note that the Minimum Age Convention (No. 138) will enter into force for Bangladesh on 22 March 2023. 

What protections does the ILO offer? 

If any of your rights that are protected by an ILO Convention have been violated by your state, then you should consider approaching the ILO, through the ‘Representations’ procedure.’ 

The procedure allows employers’ or workers’ organisations to make a representation against any Member State that has failed to respect the convention. You can also resort to that procedure, if a private company is violating your rights, and your state fails to protect you.

Who can file a complaint?

Individual victims are not permitted to file complaints before this Committee. Rather, you should inform a national or international organisation of workers (trade union) and they can file the complaint on your behalf. In Bangladesh these include: the Bangladesh Free Trade Union Congress (BFTUC), the Bangladesh Jatyatabadi Sramik Dal (BJSD), the Bangladesh Labour Federation (BLF), the Bangladesh Mukto Sramik Federation (BMSF), the Bangladesh Sanjukta Sramik Federation (BSSF) and the Jatio Sramik League (JSL). 

Conditions:

The representation must:

1. allege that a Member State has failed to adhere to a Convention which it has ratified;
2. be communicated to the ILO in writing;
3. come from an industrial association of employers or workers;
4. make specific reference to article 24 of the ILO Constitution;
5. concern a Member State of the ILO;
6. refer to a Convention to which the Member State in question is a party; and
7. indicate in what respect it is alleged that that Member State has failed to secure the effective observance within its jurisdiction of that Convention.

Note that it is not necessary to exhaust all domestic remedies before applying for representation with the ILO. If a case is pending before a national court, this will be taken into consideration by the ad hoc Committee. 

How to submit a representation?

All applications should be addressed to the Director General at the following address: 

4 Route des Morillons, CH-1211 Genève 22, Switzerland 

Or by email to: normes@ilo.org

Building a Strategic Campaign

The first thing you may want to consider is building a strategic campaign. A strategic campaign aims to exert pressure on the different strategic relationships of a business or state actor. To develop a strategic campaign, you should carefully analyse your situation and decide which actions will have the most positive impact for your case. 

For example, you will have to decide whether you want to deal with your case publicly or privately, loudly or quietly, in a manner that takes into account the political and other sensitivities that exist in your country. The purpose of the strategic campaign is for you to get a clear picture of the situation, the direction you want to take your case and the concrete actions you can attempt to take to achieve this result. 

This whole process will be demanding on your resources and your mental and physical health so do not hesitate to reach out and ask for help from organisations that are used to dealing with similar cases! There is no shame in doing so and they can provide you with valuable expertise. See Resource Hub.

To build a strategic campaign you and your collaborators can follow these five steps:

1- Identify your objectives and overall goal: You can do this by asking yourself questions such as What do I want to happen? What do I hope to achieve?

Your overall goal will be the long term and general outcome that you want to achieve. To reach this goal you will need to identify smaller steps and specific milestones that need to take place, these will be your objectives. 

! When deciding on your objectives, make sure that they are SMART:

• Specific - well detailed, well defined and action oriented;
• Measurable- meaning that you can quantify and have an indicator of progress;
• Achievable- meaning that they can be realistically accomplished in the proposed time-frame and with the resources you possess;
• Relevant- meaning that they are relevant to your overall goal and work;
• Time-Bound- meaning that you have set a clear deadline. 

2- Take the time to do a policy analysis and identify your audience: You can identify the policies and regulations that need to change, the key actions and stakeholders who can influence decisions and understand the overall political context that will influence your overall goal. You will further need to identify the stakeholders that can help you achieve your objectives. For example, who are the decision makers involved in the issue? What are the power dynamics at play? You should understand why and how each audience you approach can play a role in reaching your goal or can hinder it. Do not forget, when considering actors that could hinder your goal, to be as specific as possible and write down all details you can find on them including their names and functions. 

! Note that if some corporate actors can hinder your goal, other business representatives might help you achieve it! Businesses do not all have the same policies and attitudes when it comes to the respect of human rights and the environment. By interacting with business representatives and industry groups you might find valuable allies that can provide you with support in a variety of ways including testifying on your behalf, paying for bail and fines, or speaking up on your behalf. 

3- Identify your strengths, weaknesses and your message: It will be helpful for you to reflect on your internal strengths - skills, knowledge, resources, past experience - and weaknesses - missing networks, capacity for lobbying, contacts in the media or funding. Once you have identified these, you can search for opportunities that exist around you and will enable you to tackle your weaknesses and achieve your objectives. You should further consider the threats that could prevent you from achieving your objectives by asking yourself who are your opponents? Is there a negative political climate around your objective? Identifying them early will enable you to minimise the damage and safety risks they can present.

Once you have reflected on your strengths and weaknesses, you will need to identify what your audience needs to hear and present your message in a persuasive and appealing way. At their core, your messages should be the same, however, depending on the audience you will target, you will need to adapt the way they are framed. Most of the time, advocacy messages have two major components: (1) a calling for what is right and (2) a calling for the audience’s self-interest. You can find different methods to develop advocacy messages by using the key words “advocacy message” and “effective” on google.

4- Identify your tactics and activities: Depending on your situation and objectives, you will have to use different strategies and tactics to reach your goal. To choose the appropriate tactics for you to use, you can develop a ‘results chain’. The chain will start with your overall goal and outline the small steps you will need to take to get there. In your chain you can describe the assumptions you are making about the impact of the activities you plan on doing. This will help you reflect on your logic and might show you missing activities. It will further help you understand the kind of resources, be it financial or volunteers, that you will need to put your campaign into action. There are various organisations that you can reach out to for financial support. See Resource Hub. 

A few examples of activities include one-to-one meetings with high level representatives, the organisation of workshops and conferences, the drafting of a letter to international civil servants, a mass participation event engaging members of the community, social media posts or petitions. 

5- Monitor and Evaluate: Finally, you want to make sure that you are keeping track of the efforts you are putting into your campaign to ensure that they are working. You will also want to organise meetings to monitor the campaign and make sure it is going in the direction you want. 

Coalition Building

Grassroots mobilisation is about bringing together individuals - in your district, region, or community - to influence a specific outcome. It is one of the key elements in successful campaign strategies. Grassroots mobilisation can be highly effective, as we have seen with the #SaveAru movement, because it uses collective action at a local level to influence outcomes at the national level. When every member of the community is participating in ways that they can, and are equally responsible and invested in the cause, the movement is truly powered by collective leadership. The costs of the movement are further distributed between all members of the community and thereby become more affordable. 

To build grassroots mobilisation, you and your collaborators can follow five simple steps: 

1- Identify the cause you want to address and make a plan of action;

2- Find supporters and volunteers to join your campaign; 

3- Reach out and partner with local organisations and community leaders;

4- Implement your plan of action; and

5- Regularly evaluate your progress. 

! Do not forget that, when it comes to mobilising members of a community, listening and understanding is more important than influencing and persuading. Having several short conversations will be more efficient than a one-off long speech to a general audience! 

To get started, you should identify the cause you want to address 

(1). The problem that you want to tackle most probably has a root cause. For example, it can be the lack of respect for human rights and the environment by a company which operates in proximity to your village and has threatened you; the absence of legislation by the government to protect people defending the environment; or the inefficiency of local government officials to implement a law, among other potential root causes. You need to identify the root cause you want to tackle so that you can clearly define the actions and steps you want to take to resolve the issue. Defining the outcome, you are looking to achieve will also be crucial to give your movement a clear direction. 

Once you have identified the cause you want to address, you can start creating awareness about your campaign and get interest from individuals in the community 

(2). Communication will play a key role here and you can use different approaches such as door-to-door canvassing, face-to-face conversations, emails, phone calls or social media to reach as many community members as possible. Having a campaign website or a Facebook page can be a useful tool to speed up this process and will make you gain important visibility online! It will further constitute a good opportunity to start building the next step by building a list of potential partner organisations. 

Using your website and the networks of members from the community you can approach like-minded local organisations and community leaders. See Resource Hub.

(3). To reach out to them you could offer to give a short presentation about your campaign during their events or simply provide your help during their rallies to get to know like-minded people and talk about your campaign. Usually, civil society organisations have dealt with or assisted defenders in similar contexts in the past. They can share their valuable experience with you, guide you on what to do, explain the law and your rights, guide you on where to find support and identify pro bono lawyers that can help you plead your case or provide support in building an advocacy campaign. 

! You should not ignore community leaders! Community leaders can be valuable allies that you can collaborate with to convey important messages of your campaign. If a community leader endorses the changes and propositions you raise, they will be more likely to be accepted and followed by the community and your movement will gain traction. Examples of community leaders that can help you are religious leaders, local political office holders or village figureheads. 

Once you have built a solid basis of supporters you can start implementing your plan of action 

(4). You can take a variety of actions as part of your plan including rallies, outdoor events, in-house groups, training sessions, organising for a group of volunteers to exchange with the local representative or staging a demonstration. No matter the activity that you choose to conduct, the key to success will be having successful communication. You can keep your supporters up to date on actions conducted through SMS, WhatsApp, and encrypted apps such as Telegram and/or post your announcements for events on your campaign website and Facebook page. Do not forget to communicate with your organisers and volunteer team to make sure everyone has the same information including the date, time, and place of the events. 

During your campaign, you can organise regular meetings with your supporters to evaluate the success of your actions 

(5). This will enable you to reflect on what went well and what did not and give you avenues for improving your upcoming events. At the end of the campaign, it will also enable you to see if you have reached your objectives. 

Coalition Building

Reaching out to other organisations and talking about your case will give you the opportunity to build coalitions. A coalition is a temporary alliance of individuals, groups or organisations that want to achieve a common goal. Forming a coalition with other organisations that have similar values, interests, and goals as your own will allow you to combine your resources and thereby have more impact than if you acted alone. It can be of great help to shift the balance of power and increase the impact of each of your organisation's efforts. Actions taken by the coalition can be focused towards bringing attention to your and other human rights defender cases in the media, requesting for a motion filed by lawyers to be considered or request the international community to act. 

To successfully build a coalition you need to take a series of steps.

1. Before anything else, you should define what your main goal is. Your main goal will be at the centre of the initiative and organisations that you are going to approach are going to ask about it regularly. Ideally, you want to be able to present your goal in a manner that is easy to understand and appears attainable. To do so, you can present it through bullet points illustrating the key ideas and goals and condense it to one sentence. 
2. Then you should identify your key stakeholders, leaders, and players. You should be strategic when choosing the organisations to enrol in your coalitions, recognising compatible interests between you, your organisation and other groups or organisations. Stakeholders may include local civil society organisations, international non-governmental organisations and national or international trade unions. 
3. Once you have identified who you want to be a part of your coalition, you can start approaching and trying to mobilise them. You may need to demonstrate to the organisations that your goals are similar and compatible. You can also show them how working together will have a positive impact on everyone’s ability to reach their objectives and that the benefits from building a coalition will outweigh the costs. 
4. While attempting to mobilise partner organisations, you must keep in mind that building a coalition can be a long process and that your short-term goals might transform into longer-term battles. Keep committed to your objectives, with a little flexibility, so you can take advantage of new and innovative opportunities to reach your goals. Also take into account that the level of commitment of your partner organisations will differ, and although it is perfectly normal, you should hold tight to the organisations that are in it for the long haul. To do so you can see them as a steering committee for your coalition and regularly require their inputs. 
5. Once you have gathered all members of your coalition, you can host an event to bring all of them together and connect with one another, collaboratively discuss your goals, and show them the actions you had in mind. Adding value to your event can help attract participants. For example, you could invite a guest speaker, provide training, or build the event around a known human rights celebration. 
6. As you will move forward with your coalition, keep in mind to follow up with your members. Regularly thanking them for their input and recognising their efforts will keep everyone motivated and encourage initiatives. You can achieve that by using email newsletters, posts on social media or SMS channels and face-to-face meetings. 

Bring media attention to your case

Another complementary strategy for your case may be to gain visibility and attention by getting media coverage. Before deciding if you want to use this strategy, you should ask yourself whether you want your case to be publicly known and talked about or if you would rather go about, it quietly. Gaining media coverage can play a pivotal role in presenting your case, promoting it in public debate and positively shaping public opinion in your favour. However, this may expose you to further retaliation, as companies may use strategic lawsuits against public participation [See Section on SLAPPs] to try to silence you. For example, the company could bring a defamation suit against you, the journalist who interviewed you and/or the organisation that published the article. Importantly, you must be careful that the journalist does not reveal your current location so as not to compromise your safety.

To attract media coverage, your story should be prepared in such a way as to catch the attention of readers. You can do this by highlighting why your organisation exists, how important your work is to society and by providing details about the abuse that you have suffered. If you can, try to link your story to an issue that is currently talked about in the public space as this will be more likely to interest the media. Finally, if you can show how your story affects other people and has an impact on wider society, this will increase the interest of newspapers. 

Once your story is ready, you can use social media to promote it by publishing blog posts, Instagram stories, Facebook posts and/or tweets. This will enable you to gain public attention and establish your cause before getting traditional media interested in what you have to say. 

If you want the attention of mainstream media, you can collaborate with other national and international organisations to contact reporters. You can reach journalists by email, through their social networks (such as LinkedIn, Facebook or Twitter) or through partner organisations. You will have a better chance of getting your interview request accepted if you choose journalists who are used to covering the same kind of story as yours. 

! Be aware that journalists can receive a lot of requests so keep your emails short and to the point! 

If you don't get a response to your first contact request, you can follow up by tweeting the reporter or trying to contact them by phone. Don't get discouraged as getting media attention can be a long process during which you may end up sending your story to twenty journalists before one responds. 

When a journalist becomes interested in your story, they will most likely want to talk to you in person. To make sure you are well prepared for the interview, keep in mind three key points you want to make and practice answering questions with a colleague. 

Once the interview is over, do not forget to thank the journalist for his or her time. Following the publication of the article, you can forward it to regional or national newspapers thereby gaining exposure and/or circulate it among your partner organisations.

Bring attention to your case to other businesses and industry groups

Although business-related human rights abuses find corporate actors at the heart of the human rights abuses, you should not forget that businesses and industry groups do not all have the same policies, attitudes, and views when it comes to the respect for human rights and the environment. 

You might want to look for allies in the private sector by reaching out to business representatives and industry groups and explain the issues you are facing. Private actors might become valuable allies who can provide you with support in a variety of ways including by testifying on your behalf, paying for bail and fines, or speaking up on your behalf.

Bring attention to your case at the international level

Equally important is to make your case known at international level. 

National and international non-governmental organisations are allies in your strategic campaign and have a fundamental role to play in channelling information to relevant institutions abroad. One of their main tasks is to submit the so-called shadow reports to international bodies or during the Universal Periodic Review Process. Those reports analyse how and if the government is realising human rights at the national level and provide the necessary background information to international organisations. In turn, if the shadow reports reveal information on serious and systematic violations of the rights protected by the conventions in the country concerned, international institutions can initiate inquiries or visits to the territory of a State Party. By making your case known to NGOs and INGOs, it can be included in their shadow report. Although this will not give you a tangible remedy, you will have added your brick to the wall of human rights in your country. 

You can also bring international attention to your case through the various organisations worldwide that work to protect human rights defenders - including Frontline Defenders, Protect Defenders and Peace Brigades International. You can register your case with one of them, and they will identify the best ways to support you internationally. Be aware that they may publish something on their website or link you with other victims or experts worldwide. If your case is widely known, the offenders might hesitate to retaliate against you in the future. There are also many organisations that work on business and human rights issues that can share legal resources with you, both domestically and internationally. Most importantly, both kinds of organisations can direct you on where to find funding and donors to continue your legal case and to propose other resources necessary for your work as a human rights defender.

Bring attention to your case in political spheres

You can also contact political figures to draw attention to your case. For example, you can ask a foreign diplomat - by contacting the foreign ministry of the country in question or the embassy - to listen to your story, to come to your trial or simply to have a photo taken with you. This will show your abuser that your case is being taken seriously at the international level and may make them think carefully about retaliatory actions in the future. 

If you are uncomfortable with contacting diplomats of foreign countries, you can contact international civil servants instead. International civil servants are not linked to a specific country but rather to an organisation. To contact them, you can look up the offices of OHCHR, UNDP or the ILO in your country. These organisations often organise informal events such as consultations and webinars during which you can have the opportunity to raise your concerns and build a support network.