Author: City Law Forum

Student protests in Bangladesh

By Muhammad Tanvir Hashem Munim

For the last few days, Bangladesh has seceded from the outside world. The government has imposed a communication blackout amid its crackdown on the student protestors demanding quota reforms. It has enforced a nationwide curfew and deployed military forces.

The student protests in Bangladesh demanding quota reforms began in early 2018. The movement was sparked by growing frustration among university students over the existing public sector job quota system, which they felt disproportionately favoured certain groups at the expense of merit-based selection. The quota system in the country reserves 56% of government first-class and second-class jobs for some specific groups. In some job sectors, this quota reservation may reach as many as 96% of the jobs. Such a system caused discontent among the university students.

The discontent led to organised demonstrations, initially gaining momentum at Dhaka University and quickly spreading to other universities across the country. The students’ primary demand was to significantly reduce the quotas and allocate more jobs based on merit, ensuring equal opportunities for all candidates. The movement gained widespread support, highlighting broader issues of fairness and transparency in government recruitment processes.

Over the last week, these protests reignited following the Bangladesh Supreme Court’s (High Court Division) decision to reinstate the controversial quota system, which reserves a significant portion of public sector jobs for certain groups. According to reports, 174 people have been killed nationwide (Source: The Independent, 23.07.2024). Local sources indicate that the actual number of deaths may be significantly higher, but the ongoing communication blackout has obstructed the flow of information from the conflict-ridden country (Source: The Independent, 23.07.2024). The demonstrations have escalated into violent clashes, with thousands of students, journalists, and police officers injured. These demonstrations, initially peaceful, saw an increase in violence after those in power made inflammatory comments comparing the protesters to historical collaborators with Pakistan, prompting hundreds of thousands of students to take to the streets. The government’s response has included, amongst others, educational institutions closures and an internet blackout in an attempt to quell the unrest.

Article 37 of the Bangladesh Constitution guarantees the right to assemble and participate in peaceful demonstrations, while Article 39 guarantees freedom of speech, subject to ‘reasonable’ restrictions imposed by law. While the spectrum of ‘reasonable’ is debated it can never extend to such an extent that leads to the deaths of the protestors. The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly on December 10, 1948, which serves as a significant milestone in the promotion and protection of human rights globally, declares freedom of speech (Article 19 of UDHR) and freedom of assembly (Article 20 of UDHR) as inalienable rights of all human being. It is extremely sad to see how these inalienable rights of Bangladeshi Citizens have been violated in this quota protest, leading to the violation of superior rights like the right to life and liberty guaranteed in the Bangladesh Constitution (Article 32 of the Bangladesh Constitution).

The legality of quota reform in Bangladesh is undoubtedly a matter open to debate, involving complex legal, social, and political considerations. However, the tragic deaths of protesters of the quota system transcend legal arguments and touch on fundamental human rights and ethical principles. Regardless of one’s stance on the reform, the loss of life during such protests is unequivocally unacceptable and cannot be justified or supported under any legal framework. The focus must be on ensuring that the rights to peaceful protest and freedom of speech are upheld and that such tragic events are addressed with accountability and respect for human dignity rather than being overshadowed by contentious legal and political debates.

Bangladeshi students at City, University of London express their profound concern and anguish over the deaths during the ongoing protests. Demonstrating solidarity with their peers protesting in Bangladesh, they strongly condemn the violence and call for an immediate end to the repression. They urge the government to halt the ongoing atrocities. They want to see that those responsible for these tragic losses are held accountable. They stand united with the protestors in safeguarding their democratic rights, emphasising that no cause justifies the loss of life or the suppression of voices calling for change.

 

Caption: Abu Sayed, a student from English Department of Begum Rokeya University, Rangpur, Bangladesh, standing with his arms wide open and chest out in front of the police force during the protests, moments before his tragic death.

Insights from the Conference on Trade Negotiations, Trade Policy, and Law-Making in an Era of Soft Law

By: Nouf Ali S AlGazlan

With a new era come new challenges. So, what are the challenges of the rise of ‘soft law’ in lieu of trade agreements? The conference, organised by Professor Elaine Fahey at City Law School entitled “Trade Negotiations, Trade Policy and Law-Making in an Era of Soft Law” explored not only the possible challenges of such non-binding agreements, but also their effectiveness, impact, and most importantly, whether the EU is emerging as a leader or laggard in this new era. Below is a summary of each panel’s discussions, where experts including academics, practitioners and think-tanks came together to discuss such issues.

 

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