Md. Shawkat Alam Faisal

On July 16, 2024, the quota reform movement in Bangladesh took a terrible turn as university students clashed with authorities, resulting in multiple injuries and deaths. Students from all around the country have joined the protests, which are motivated by discontent over the reintroduction of a quota system in government positions that favors the descendants of liberation fighters. The ongoing student protests against the reinstated government job quota system took a sad turn when at least four students were slain.

The victims included one student from Begum Rokeya University in Rangpur, two from Chittagong University, and one from Dhaka University, demonstrating the widespread and deadly crackdown on the movement. According to reports, thousands of students from other institutions across the country were injured during the demonstrations.

Protests were motivated by long-held frustrations against the quota system, which reserves 56% of government job posts for specified groups such as independence warrior descendants, women, and ethnic minorities. Students believe that this method undermines merit-based recruitment and fosters inequality, particularly in a country where graduates face high jobless rates. This year's protests grew stronger after the Supreme Court affirmed the High Court's decision to reinstate quotas, undoing reforms implemented following similar protests in 2018.

The government's response has been severe. On July 16, student protesters were confronted with violent assault by law enforcement and pro-government student groups like the Bangladesh Chhatra League (BCL). The government's heavy-handed methods, which included deploying live bullets against unarmed students, have sparked widespread criticism both domestically and internationally.

Prime Minister Sheikh Hasina's recent comments were viewed as dismissive of the students' concerns, exacerbating the turmoil. She stressed the importance of quotas in ensuring opportunities for underprivileged groups, implying that changing the system would be damaging to societal equity. Many people interpret this viewpoint as justification for keeping a system that supports the political elite at the expense of greater societal meritocracy.

The killings on July 16 constitute a watershed moment in the quota reform movement, demonstrating how easily the government may use violent force against its constituents. The propensity to employ such force points to a larger issue in Bangladesh: official repression and dissent suppression. The international community has taken notice, with calls for the government to safeguard the safety of its students and resolve their issues via dialogue rather than violence.

The situation in Bangladesh remains heated, with students and activists continuing to call for the removal of the quota system and justice for victims of government violence. The government is under rising pressure to alter its approach to public service recruiting and protect its citizens' democratic rights.

The government's attack on student demonstrators is exacerbated by a worrying tactic: identifying dissident students as sympathizers of opposition political organizations like Jamaat-e-Islami, its student branch Islami Chhatra Shibir, or the Bangladesh Nationalist Party (BNP). The government's goal in designating these students as "rajakar" (traitor, a term historically used to denote collaborators with Pakistani forces during the 1971 Liberation War) is to delegitimize their demands and justify repressive measures against them. This technique not only stigmatizes the protestors, but also fosters fear and mistrust, further polarizing society and weakening the students' legitimate grievances.

This labeling method isn't new. It has been utilized in prior movements, most recently during the 2018 protests, when similar claims were used to undermine the cause and justify violence against students. The government and its allies, particularly the Bangladesh Chhatra League (BCL), have been known to disrupt protests and harass demonstrators in the name of keeping order, frequently portraying them as political adversaries to justify their actions. This manipulation of political narratives enables the government to repress dissent while maintaining control, at the expense of democratic principles and human rights.

Even if the students who protested were members of opposition parties, the Bangladesh Chhatra League (BCL) or any other group does not have the authority to attack, harass, or break the law. According to Bangladesh's Constitution, citizens have the right to peaceful assembly and protest. This fundamental right is protected by Article 37, which protects the freedom of assembly, and Article 38, which provides the freedom of association. However, the reality on the ground is radically different from these basic guarantees. According to reports, police often beat and jail nonviolent protestors, but BCL members who assault students in front of law enforcement face no consequences.

This selective implementation of the law weakens the rule of law and reduces public trust in the justice system. The impunity granted by BCL members encourages them to continue their violent actions while also discouraging lawful and peaceful protests. These acts by the police and pro-government groups violate both domestic laws and international human rights standards, which Bangladesh is required to follow. The state's failure to safeguard peaceful protestors, as well as its apparent encouragement of violence against them by silence or direct backing, are troubling signs of the country's deterioration of democratic norms. The fundamental rights protected by the Bangladeshi constitution under Articles 27 (Equality before the law), 31 (Right to protection of the law), 32 (Protection of life and personal liberty), and so forth are violated by this selective application of the law, which also threatens the rule of law.

On July 15, the day before the murders, similar violent episodes were recorded at practically every campus in Bangladesh, particularly at Dhaka campus. Social media videos and photographs showed BCL members beating students with bamboo and hockey clubs in the presence of inactive police officers. What's more horrible is that they were beating unarmed female students! Following the pandemonium on campus, BCL members attacked injured students seeking medical attention at Dhaka Medical College Hospital (DMCH). The violence spread to the residential halls and hostels, where students were thrashed at night. Students from Jahangirnagar University were compelled to seek sanctuary in front of the Vice Chancellor's residence to avoid the abuse.

The actions of the Bangladeshi government and pro-government parties during the quota reform demonstrations breached a number of international laws and standards. According to Article 3 of the Universal Declaration of Human Rights (UDHR), "Everyone has the right to life, liberty, and security of person." The use of fatal force against unarmed protestors goes directly against this precept. Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights both defend the right to freedom of thought and expression.

The violent suppression of peaceful protests violates these rights, as students were expressing their right to voice criticism and demand improvements. Article 20 of the Universal Declaration of Human Rights and Article 21 of the International Covenant on Civil and Political Rights protect the right to peaceful assembly and association. The horrific attacks by the Bangladesh Chhatra League (BCL) and law enforcement's refusal to protect demonstrators are evident violations of these rights. Furthermore, Article 7 of the ICCPR forbids torture and cruel, inhuman, or degrading treatment or punishment. The reports of BCL members hitting students, including females, with bamboo sticks and hockey sticks, as well as attacks on injured students in hospitals, are clear violations of this rule.

These acts demonstrate the Bangladeshi government's disdain for international human rights responsibilities, raising serious concerns about civil liberties and the rule of law in the country. These incidents highlight the deterioration of student rights and the overall human rights situation in Bangladesh. The government's failure to protect peaceful protestors from violence by pro-government groups demonstrates a serious breach in democratic values and human rights norms.

The writer is an Apprentice Lawyer at the Bangladesh Bar Council.