Ain o Salish Kendra (ASK)

Annual Report 2 0 1 0

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Acknowledgements

SK is happy to present the Annual Report for the year 2010. The report endeavors to communicate to the readers the tasks accomplished by the organization over the defined period, the challenges met and also the emerging issues it had to deal with. Needless to say it

would not have been possible to achieve many of the goals without the assistance provided by different sections of people. Planning, Monitoring and Evaluation unit of ASK prepared the report by collecting and compiling information from different programmes. All the staff including the Executive Director and members went through the draft and commented upon it. ASK expresses its thanks to them. Dr. Hameeda Hossain who kindly read the draft before finalization of the report. The final product of formatting and lay out of the report was the responsibility of Anil Chandra Mandal. Advocate Z. I. Khan Panna Secretary General

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Contents Acronyms 4 Glossary 4 ASK at a Glance 5 Implementing Partners of ASK Outside Dhaka 6 Preface 7 Introduction Challenges for Human Rights Defenders 8 Part One Programme and Activities 10 Part Two Advocacy for Law and Policy Reform 23 Annexure Annex I Activity Tables 28 Annex II ASK Support System 37 Annex III Ain o Salish Kendra (ASK) Balance Sheet 40 Annex IV ASK Members/ Executive Committee 41 Annex V ASK Personnel 42 Annex VI Sponsors of Working Children in 2010 43

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Acronyms

ADD : Action for Disability and Development BELA : Bangladesh Environmental Lawyers Association BIDS : Bangladesh Institute of Development Studies BLAST : Bangladesh Legal Aid and Services Trust BRAC : Bangladesh Rural Advancement Committee CEDAW : Convention on the Elimination of all Forms of Discrimination against Women CO : Community Organizer CUP : Coalition for the Urban Poor CUS : Centre for Urban Studies DSK : Dushtha Shasthya Kendra EC : Executive Committee ED : Executive Director FIR : First Information Report GD : General Diary GLAF : Government Legal Aid Fund GT : Guide Teacher HR : Human Rights MNP : Manabadhiker Nattya Parishad MSP : Manabadhiker Sangrakkhan Parishad, voluntary, human rights monitors (men and women) TA : Theatre Activist TOT : Training of Trainers UMNP : Union level Manabadhiker Nattya Parishad UPPR : Urban Partnersip for Poverty Reduction UzMNP : Upazila Level Manabadhiker Nattya Parishad (federations of union based theatre groups) VAW : Violence Against Women MNS : Manabadhiker Nari Samaj voluntary women’s groups monitoring violence against women. MAP : Manabadhiker Ainjibi Parishad lawyers’ groups formed to assist villagers to access justice

Glossary Fatwa: Arabic for opinion of a person learned in Shariah. Fatwas have no legal validity in Bangladesh. A High Court judgment in 2011 has declared illegal fatwas that inflict penalties. Hilla : Intervening marriage often imposed in cases where the husband -- on an impulse -- verbally divorces the wife, repents later and wants to take her back. It is not legal in Bangladesh. Shalish : An informal, traditional system of mediation used to settle marital and land disputes outside the court. Shalishkar : Mediators who conduct shalish. Generally, local elected representatives, choolteachers, NGO workers, religious leaders, etc. Village Court : A court constituted under the provisions of the Village Court Ordinance, 1976. Any party in a dispute may in the prescribed manner and with a prescribed fee, apply to the village court. Chairman of the Union Parishad constitutes a village court for the trial of a case. Apart from the chairman, each party nominates two members. It has no power to pass a sentence for imprisonment, but may order the accused to compensate the aggrieved party, paying him/her an amount not exceeding Tk 25,000.0.

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ASK at a Glance

in o Salish Kendra (ASK), a national legal aid and human rights organization, provides legal and social support to the disempowered, particularly women, working children and workers. Its goal is to create a society based on equality, social and gender justice and rule of law. It seeks

to create an environment for accountability and transparency of governance institutions. ASK was registered with the Registrar of Joint Stock Companies and Firms under Societies

Registration Act, 1860 in 1986, and with the NGO Affairs Bureau under Foreign Donation Regulation Ordinance, 1978 in 1993. It acquired special consultative status with UNECOSOC in 1998. ASK programmes Promotion and protection of legal and human rights are carried out by l7 units and one component through delivery of legal and social support, campaigns and advocacy. Delivery of Legal and Social Support Trained lawyers in eight legal aid clinics in Dhaka resolve disputes through mediation or litigation. An outreach programme has extended legal clinics in seven districts (Barisal, Bogra, Chittagong, Hobigonj, Rajshahi, Satkhira and Tangail) in partnership with local NGOs. Health and Education Support and Legal Protection is offered to working children at six sites in Dhaka and for domestic child workers at 27 sites.

Promoting Community Activism In partnership with ten NGOs and CBOs ASK has trained and facilitated the formation of 90 voluntary groups to monitor human rights, prevent violations and protect victims in forty unions in 10 upazillas. Forty school teams and 52 youth teams have been trained in 10 districts to perform human rights theatre.

Accountability of Public Institutions News clips of legal and human rights violations are compiled from ten national newspapers. Fact finding investigations into incidents of hr violations are carried out by ASK staff and locally by 15 human rights defenders forums trained by ASK in 15 districts.

Advocacy for Law and Policy Reform Research into situation of human rights and impact of laws and policies. Publication and dissemination of four periodical Bulletins, books and pamphlets on legal rights.Nine public Interest litigations were filed in 2010, in coordination with several other human rights organisations; favourable judgments were obtained in two cases. Judgments were pending in 42 PILs filed since 2000. Remedial steps were taken for extension of stay, to maintain status quo, for direction for compliance with Court’s orders, issuing legal notices, etc.).

Enhancing Capabilities of Human Rights Defenders ASK’s courses on legal and human rights aim to enhance awareness of human rights, increase community activism for justice, and encourage interventions to prevent violations and protect survivors.

These core programmes are supported by a consortium of five donors, and specific programmes by four donors.

Networks ASK is associated with eight national and nine international networks. Members ASK is a membership organization founded by nine individuals (4 women and 5 men, 3 deceased) and currently has 27 general members (17 women and 10 men)

Executive Committee members: 9 (7 women and 2 men) Staff 236 (including regular, under contract, full time and part time) Women: 174 Men: 62

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Preface

010 has been an especially significant year for ASK as the organisation passed its 25th year in human rights activism. Established in 1986 by a group of humanitarians, ASK has successfully fared through the long journey amidst huge challenges from the vested interest groups, state

and non-state agents. On the other hand, ASK is very happy to acknowledge the increased awareness in people about human rights issues and also the cooperation and support it received from many belonging to different walks of life.

The challenges basically were the same ASK had to face from the very beginning since 1986. The areas the organization had to focus most were related to violence against women, at home and outside. ASK’s efforts to reach the larger/wider segments of the population, particularly at the grassroots level continued through formation of CBOs like the Manbadhikar Shongrokkhon Parishad (MSP), Manbadhikar Nari Samaj (MNS), Human Rights Defneders Forum (HRDF) as well as the Biddaloy Nattya Dol (BNAD) to engage the youth in human rights awareness and promotion and protection activities. That awareness about human rights is increasing among the people, especially women is evident in the fact that at least 10% more women came to ASK seeking legal assistance compared to the previous year. Long years advocacy in which ASK played a major role resulted in the passing of the domestic violence (prevention and protection) act 2010. Participation and sharing in the various events of ASK, such as festivals of Wall Magazine, Human Rights Drama, conference of Gender and Social Justice etc. reflects people’s concern about respect for human and gender equality and rights in the society.

ASK, often by itself or with other organisations filed PILs on different issues that affected the life of large number of people. One of the most serious issues ASK had to deal with in 2010 was the issue of harassment of women which was trivially termed as ‘eve teasing’. ASK acted on different fronts from awareness building to litigation to stop such harassment of women in educational institutions, workplace, on the street. Following a court order ASK had to take the responsibility of sitting on committees in various institutions to hear complaints from women of different age and profession. More and more people affected by violence and injustice showed interest in the psychosocial service ASK started providing as part of legal aid. In 2010 ASK organised courses offered to university students, physicians, lawyers and other social and NGO workers. Training on civil and political rights, economic, social and cultural rights, human rights and gender rights were organised and conducted either on request by other organisations, both government and non-government or for ASK staff as planned. Bulletins came out in time and other publications like the annual human rights report, issue based books and booklets and articles were produced to meet the demand of the academics, international NGO’s and agencies and the wide audience including the general members of the citizenry. ASK staff and the members attended meetings, conferences, seminars at home an abroad as participants as well as resource persons and gave leadership to various issue based and long term networks. In the 2010 retreat, ASK staff and members were together in working on the strategic planning for 2011 after a stocktaking of its activities and achievements of 2010 They also looked at what could not be achieved and did an evaluation of ASK’s work in the context of national, regional and international social and political currents. As has been reflected in the Report, despite considerable activism, extra judicial killings continued to happen. Added to that was a new phenomena of forced disappearance in alarming numbers. ASK followed both the strategies of court room and out of court advocacy to intervene in the issue which is marked by success in some cases, but much remains to be done in this sector.

Programs with the working children ran in full vigour with logical expansions in new areas. ASK’s outreach programs carried out their planned activities successfully and the support services were busy meeting the demands of the programs related.

I, in my executive duty was given full support by all my colleagues in the office and by the members, particularly by the EC. I feel extremely thankful to all of them.

I wish ASK a successful year in 2011.

Sultana Kamal Executive Director

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Introduction

Challenges for Human Rights Defenders

SK believes that respect, promotion and protection of human rights are essential preconditions for a democratic society. It has therefore tried to contribute towards a human rights culture by building awareness of rights, respect and tolerance amongst citizens, and motivating human

rights defenders to monitor state institutions and hold them responsible for maintaining human rights standards and constitutional rights. Political, social, gender and class based hierarchies act as major constraints to the rule of law, democratic participation and realization of human rights.The challenges for human rights defenders in establishing democratic and human rights norms emerge from the impunity of state actors in resorting to lawless means of law enforcement, community tolerance of violence and submission to injustice. Some of the challenges faced by human rights defenders and ASK are explained below: Right to Life

(i) Extra judicial killings in ‘cross fire’ or ‘encounter’ continue to be a source of insecurity and fear for citizens. News reports tabulated by ASK’s Documentation Unit show that in 2010, different law enforcing agencies admitted to 133 deaths in “crossfire” and 74 deaths occurred in jail custody. Incidents of torture in custody and suicide were also reported.

(ii) Recent allegations of disappearances, following arrest and abduction by law enforcement agencies showed that the mode and nature of violations had taken new forms.

(iii) Shooting at the border by the BSF resulted in the death of 26 Bangladeshi citizens. (iv) Violence upon women was instigated by fatwa notwithstanding a recent judgment declaring

such penalties illegal.

Right to Freedom of Expression • Religious extremist groups disrupted ASK’s human rights awareness programmes in 10 districts.

Women members of religion based political parties made door to door visits, held talim classes to influence women to wear hijab and deter parents/guardians from allowing students to participate in cultural programs.

Rights at Work • Police used force to suppress workers’ protest rallies demanding minimum wages and other

rights, which led to five deaths and 466 injured. Work was disrupted as unrest continued. The posting of industrial police was seen as a potential threat to the workers.

Violence against Women

(i) Increase in reportage of incidents of rape and sexual harassment. (ii) Stalking of young women in public was a threat to women’s mobility and autonomy. News reports indicated that fear of sexual harassment/stalking led to 32 suicides by school girls in 2010. ASK received five cases of suicide.Dropouts of girl students at secondary level caused by child marriage and sexual harassment.Schools with a large number of students from poor families faced severe problems. (iii) Domestic violence persisted. Many more women sought safe shelter outside the family

because of fear of domestic violence.

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Concerns Raised by Human Rights Defenders Regarding State Institutions • Impunity of state actors was encouraged by the absence of transparency and accountability of

state institutions, lack of action against perpetrators and weaknesses in law enforcement mechanisms.

• Investigations and prosecution by state institutions were inadequate and faulty leading to mis-trials.

• Citizens were denied access to official information/records by restrictions imposed by police and court on their entry into police stations/custodial institutions, which obstructed their defense in cases of illegal arrest, custodial torture or death.

• The executive and administration failed to comply with court directives eg in the case of slum eviction, extra judicial killings, illegal punishments pronounced by fatwa, etc.

• Political confrontation between major political parties and armed political cadres led to the emergence of a gang culture that bred a culture of fear in the community, and allowed powerful groups to perpetrate human rights’ violations.

• Intimidation of journalists and human rights defenders resulted in a degree of self-censorship. • Non-compliance with judgments in public interest litigation by the executive and administration

and poor dissemination of judgments was a deterrent to their implementation. Regarding System of Justice • Judicial bias in determining cases of a political nature or in cases of dower or maintenance were

contrary to the principle of justice. • Corruption in court administration. • Delays due to shortage of judges and lengthy legal procedures. • Limits on power of the National Human Rights Commission. • Intimidation of complainants seeking to file cases in Court. Regarding Community Culture • Social conservatism or community tolerance of discrimination and violence. • Traditional norms of gender subordination. • Community culture of fear or tolerance of perpetrators due to their political power and influence

was a threat to human rights defenders. • Insecurity of individuals filing complaints of discrimination or violence. • Individuals seeking counseling support are stigmatised as “mentally disturbed”. • Discouragement of voluntarism in the community. • Lack of expertise and professionalism amongst local volunteers. • Insecurity and isolation of field workers.

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Part One Programmes and Activities

Strategies ASK’s strategies for the promotion and protection of rights and justice have evolved in response to its experiences in the defense of human rights at the grassroots and in promoting accountability of state institutions. These strategies aim to: • Generate human rights awareness and community initiatives to protect human rights. • Promote community activism for gender equality and social justice. • Ensure access to justice through legal support. • Provide emergency support service to survivors of human rights violations. • Campaign and advocacy for law and policy reforms. • Ensure transparency and accountability of public institutions. • Enhance capacity of human right defenders. • Ensure an effective institutional management.

ASK’s activities are implemented separately by 17 units and one component. The outcome of each programme leads to follow up activity by other units, or to collective action by several units. For example, knowledge of human rights awareness leads participants to seek legal aid or to build the capacity of human rights defenders. Experiences of legal aid or of community voluntary groups help identify issues for research, media campaigns and advocacy. Similarly investigation and documentation reports are useful in monitoring human rights situation. ASK clusters its activities under eight outputs, one or more units being responsible for each output. ASK works closely with a network of partners, in local areas, in the national and international arenas.

Goal: Rule of Law Established based on Principles of Equality, Democracy, Human Rights, Justice and Gender Equity

Purpose: An enabling environment for demanding good governance, non-discrimination and social justice OUTPUTS UNITS

1. Human rights awareness increased from grassroots to state institutions

• Human Rights Awareness (HRA)

2. Community activism for gender and social justice promoted.

• Gender & Social Justice (GSJ)

3. Access to justice system increased • Mediation & Rapid Response (MRR) • Litigation • Child Rights (CRU) • Outreach

4. Emergency support service system established • Support Services & Half Way Home (SS&HH) • ??Psycho-social Help Component

5. Advocacy initiatives to influence law and policy reform strengthened

• Publication & Communication • Research (RES) • Legal Advocacy & Policy Reform (LAPRU) • Media and International Advocacy (MIA)

6. Human rights situation addressed to increase transparency and accountability in public institutions

• Investigation Unit (INV) • Documentation (DOC)

7. Capacity of human rights actors enhanced • Training Unit (TRU)

8. Effective institutional system strengthened

• Accounts & Finance (ACFIN) • Administration (ADMIN) • Planning, Monitoring & Evaluation (PME)

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Human Rights Awareness ASK seeks to create an human rights culture, by promoting tolerance for cultural and political diversity and commitments to democratic values and practice. ASK trains young students and cultural activists to dramatise human rights so as to encourage a discourse on these concerns and sensitize the community to realize rights and entitlements. Voluntary student teams attend a six-day residential course on human rights and gender relations under the supervision of a Guide Teacher.1 The training has resulted in the formation of 40 volunteer groups amongst 40 secondary school students known as Biddaloy Nattya Dol (BNAD) and amongst the youth known as Manabadhikar Nattya Parishad.

The BNADs have performed dramas, published wall magazines, participated in debates and cultural competitions and celebrated significant days, to increase awareness of human rights in the community and enhanced their own understanding through study circles.The theatre themes dramatized in 2010 were on trial of war criminals, extra judicial killing, sexual harassment, discriminatory education system, dowry, domestic violence, under age marriage etc. After each performance 10 to 15 persons participated in discussions.

The Third National Wall Magazine festival was organized in Dhaka in January. More than a hundred high schools and organizations displayed 200 students’ wall magazines with illustrated poems, stories, articles, drama, comics on liberation war of Bangladesh, history, human rights, gender, science, current affairs, ethnic diversity, climate, agriculture and local scholars. A large number of teachers, guardians, organizers, journalists and readers attended the festival which was covered by both the

electronic and print media. This led to a mass awareness of HR and gender relations.

ASK participated in the annual national human rights theatre festival in March in Dhaka, at which 21 theatre groups, including representatives from the MNPs from 10 districts, performed dramas on different issues. Both print and electronic media covered the festival highlighting the spirit of human rights and popular protests against HR violations. Three renowned persons, Abdul Matin (Language Movement), Ferdousi Majumder (Theatre) and Professor Sarder Fazlul Karim (Education) were recognized for their outstanding contributions to the Language Movement, liberation war, Bangla Literature and Democratic and cultural struggles in Bangladesh.

BNAD members participated in a competition on general knowledge and acting skills, with members being judged on solo performances and responses to questions on HR, history, liberation war, science, current affairs, etc.

The contribution of MNPs or human rights theatre groups to the cultural and social life in the districts was recognized by national cultural groups such as Uddichi, Shommilito Shanskriti Jote and Group Theatre Federation etc. They invited MNPs to their programmes and, in return, attended the performances, rallies, and protests sponsored by the MNPs. Neighbouring communities too trusted the MNPs to take up local problems and emerging issues.

Community Activism for Gender and Social Justice ASK promotes dialogues with local elected representatives, officials and members of the community, both men and women on concepts of gender equality and human rights in the family, community and within state institutions so as to motivate the community towards gender and social justice.

Gender and Social Justice (GSJ) Unit has been instrumental in developing and sustaining three Community Based Organisations (CBOs) that act locally to promote and protect human rights. Among these, Manobadhikar Sangrakkhan Parishad (MSP) and Manobadhikar Nari Samaj (MNS) function at 1 The Guide Teachers were familiarized with concepts of human rights, gender and family laws and in dramatizing these

concepts.

Third National Wall Magazine festival in Dhaka

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the union level, monitoring incidents of domestic violence, fatwa-instigated violence, child marriage, custodial violence and other violations and demand deterrent action by concerned authorities in partnership with 10 PNGOs in 10 Districts. In 40 Union MSP and MNS members have played a proactive role to protest and prevent HRV, by collecting information on rights violations, escorting victims to thanas, hospitals, lawyers, court, and conducting/attending shalish to resolve disputes, organizing rallies, submitting memoranda and issuing press alerts in cases of HR violation. As a result, members of the community have raised demands for justice, good governance and elimination of discrimination. The unit has assisted in the formation of Manobadhikar Ainjibi Parishad (MAP), is a federation of district lawyers, whose members offer legal advice and voluntary services to the disempowered. MAP extends its voluntary support through attendig legal camps organised by CBOs, giving legal advice, filing cases under Govt. Free Legal Aid Fund (GLAF)2 and follow up cases through PNGOsand CBOs and conveyed the problems of GLAF to the District Judges.

In 2010, MSP and MNS responded to 178 incidents, by escorting 36 victims to thana, hospital and courts, attending 22 shalishes, holding 15 workshops with PNGOs, 8 workshops with the government legal aid committees, activating Village Courts, organizing 107 legal camps at which 123 men and 209 women received legal assistance from MAP members and helped to file 20 cases under Government Legal Aid Fund.3

Women’s Groups held 6 workshops with Union Shalishkars to sensitize them to women’s rights and gender issues. 80 MNS groups participated in or observed shalishes. They took action in 27 cases of domestic violence, by escorting victims to police thanas, hospitals and lawyers. Participation of women

has increased substantially as a result of these activities. MAP members were motivated in meetings, workshops

and trainings to extend voluntary support in cases of violence against women and to assist clients who could not afford court expenses. MAP is now functioning as an independent organization giving voluntary support to the community. Their members attended 107 Legal Aid Camps organised by MSP and MNS, where they gave legal advice to 85 men and 25 women. MAP lawyers filed 20 cases under GLAF on behalf of 9 men and 13 women and organized two study circles on right to information, national human rights commission rules and Public Interest Litigation.

On 10 December, 2010 participants from MSP, MNS, MAP, PNGOs for the first time attended a conference on the eve of 10 December to commemorate Rokeya Dibash and Human Rights day. They explored means to intensify their activities, strengthen their organization, overcome their weaknesses, and formulate future plans.

PNGOs documented and followed up HRVs and crimes every month; they monitored and reported on actions taken by MSP, MNP and MAP; they held 30 workshops and meetings and organised five trainings on organizational development, advocacy, good governance, leadership, gender relations analysis, legal and HR issues and held study circles on current national issues and observance of national days.

2 “Aingoto Shahayata Prodan Ain, 2000” (Free Legal Aid Fund) enacted on 26 January, 2000 to provide financial support (to

the extent of taka 300,000 in each district) for legal aid for insolvent persons. Provides subsidies for lawyer’s fees, expenses during trials and additional charges. Constituted with the District Judge (as President), Secretary of the Bar Association (Secretary of the Committee), District Magistrate, Police Super, Public Prosecutor, Representatives of Department of Women and Child Affairs, Department of Social Welfare, Local NGOs and others. Lawyers have to submit quarterly reports on their cases to the Committee.

3 See Annex, table 1.

National flag hoisted by ED at the opening of CBO Conference

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Case Study

Kakoli of Hazipara village,Shoulgachi Union, Noagaon, was raped by Morshed Alam when she went fishing. She did not tell her parents because she felt ashamed and was afraid. When her mother came to know that she was 4 months pregnant, she went to Momena, President of Shoilgachi MNS. Momena advised her to go to the police. The police took up the case and arrested Morshed. Morshed admitted the fact. MNS president and others kept in touch with Kakoli’s family. In this case the police officer’s action was prompt because the MNS and MSP maintained regular contact with the Police Station and because the police were aware of their interventions against the violation of human rights. In the entire incident PNGO and CBO leaders helped file cases, monitored case proceedings in case of intimidation of the complainant or influencing the administration to withdraw the case. The staff of PNGO, CBO and ASK’s monitored the case.

Access to Justice Four units (Mediation and Rapid Response, Litigation, Outreach and Child Rights Units) provide access to justice. This extends from legal support to economic and social support and counselling. ASK initiatives for a legal support system in the city now extend to villages in collaboration with partner NGOs. Women, workers and working children have gained access to both the formal (court) and informal (shalish) systems of justice.

Mediation and Rapid Response Women prefer to settle family disputes through mediation, because the formal judicial system is time-consuming, expensive, and perceived to be corrupt and biased particularly when it concerns women’s issues. Legal aid services are provided at eight on-site clinics in Dhaka and sometimes outside Dhaka in immediate response to a situation report. Mediation and Rapid Response Unit (MRRU), as the name suggests, negotiates settlements amongst disputants in family disputes and responds to emergencies. After the terms of the settlement are agreed upon by both parties, they are recorded and given to the parties concerned. The woman client is visited by the Unit’s field workers to ensure compliance with the settlement. If the complaint refers to a cognizable offence, the matter is referred to the Litigation Unit.

Rapid Response to emergencies or incidents of human rights violations reported by the media or at other times to requests from clients or different organisations provides immediate protection to victims of HR violations.

Complaints Received by Legal Aid Clinics in 2010 (Annex table 2)

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In 2010, the Mediation and Rapid Response Unit took the following action: • In 2,221 out of 2,303 requests for legal advice/assistance received from clients physically or by

telephone, email and letters. This was 11% higher than in the previous year. • Responded to 3,818 complaints, out of which 993 complaints were registered in 2010 and 2,825

were carried over from previous years. After taking proper steps 1,260 complaints were disposed. • Responded to 669 requests for urgent help against HRV at district level. • Coordinated a legal internship program by placing 26 students from Social Work Department of

Lalmatia Women’s College, Women and Gender Studies Department and Law Department of Dhaka University in different units of ASK. Fifteen interns were placed in the MRR unit. Length of internship varied from seven to 60 days, and was determined by the sending institution.

• Advised 25 couples to marry under the Special Marriage Act, and rescued two victims who were illegally confined by their parents because they were married under this Act.

• Took up 26 complaints of stalking between January to May 2010. In two incidents, after ASK’s interventions, police filed cases whereas earlier it had been reluctant to take necessary steps.

• Contributed to drafting the Domestic Violence Act, as member of the drafting committee set up by MOWCA.

The Unit responded to 669 requests for urgent help against HRV at district level. Litigation Staff and panel lawyers conduct cases both in and outside Dhaka for complaints of cognizable offences such as rape, murder, torture, acid burns, dowry, polygamy, detention, civil revision, criminal appeal, or other human rights violations. It has facilitated women’s access to the courts, especially in family disputes relating to dower, maintenance, guardianship, divorce, etc., and provided them protection and security. The recovery of dower and maintenance money through the courts has enabled ASK’s clients to invest in self-employment schemes that make them self-reliant. The Unit has also filed workers’ rights cases in court.

In 2010, the Unit lawyers have attended to 784 clients in the office by registering complaints, giving advice, etc. Lawyers filed 202 new cases4 and conducted 405 cases from the previous year. Eight cases were filed outside Dhaka. 95 cases (60%) were disposed off in favour of ASK’s clients, 20% cases settled by clients out of court. In 10% of cases clients gave up their case because of lengthy court process and in 10% cases court decision went against the clients. Lawyers recovered taka 1,386,424.0 (One million, three hundred and eighty six thousand, four hundred twenty four taka only) as dower, maintenance of clients and maintenance of child through the court. Outreach Women in rural areas are in greater need of legal support. This is because development programmes in rural areas tend to focus heavily on health, education, micro-finance, and promote income generation and production without using a rights based approach. ASK has extended its legal aid clinic system in partnership with nine partner NGOs (PNGOs) in seven districts. The Outreach Programme assists a PNGO to establish, manage and operate a legal aid clinic, maintain liaison with a panel of lawyers, practicing in the District Court, and provide free legal representation to clients. A major proportion of complaints are settled through mediation. The clinics are run by para-legal staff trained by ASK. The duties of a para-legal include registering complaints, conducting mediations and follow-up, linking clients with panel lawyers and attending court cases.

The Outreach Unit interacts with local Bar Association members and judges for prompt settlement of cases. It has developed a working relationship with local administration, police officials, DCs, Magistrates, public prosecutors, media, NGOs, etc. with whom it has dialogued on issues of gender discrimination, discriminatory access to justice due to class, lack of education, and misinterpretation of religious rules.5

In 2010, with supervision by the Outreach Unit, legal aid clinics registered 801 complaints, its para- legals mediated 373 complaints, and panel lawyers filed 85 cases. Together with its partners

4 See Annex table 4 5 See Annex table 5

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ASK organised discussions and demos to protest sexual harassment and stalking, at which there was a spontaneous participation by school students and local people. Media coverage showed an increasing pro-active response in the locality. Training courses and workshops were held to upgrade the knowledge and capabilities of PNGO staff and community group members on legal and human rights, HR monitoring, gender relations analysis, personal laws. The Unit responded to 277 requests from districts for urgent help in cases of HRV. The Outreach Unit held formal dialogues with members of the local administration i.e. police officials, District Commissioners, magistrates and lawyers, public prosecutors, media, local NGOs to coordinate official responses in support of victims of violations. At periodical workshops the Outreach staff explained to clients the current status of their mediation and legal cases and assisted them with psycho-social support when needed with the help of psycho-social component of ASK. The Unit also reviewed with CLAG lawyers progress of legal cases.

Sixty district lawyers have joined the panel for filing and conducting court cases, and some of them have provided voluntary services. • ASK published and disseminated 15,000 copies of two awareness raising posters on 1. Equal

rights, Equal opportunity, Progress for all and 2. Narider Uttaykta Korle Khoma Nei, Ghrinnaya E Aparadh Rukhe Dharao. Ghore Baire Nari Thakuk Nirbhoy o Nirapod (No tolerance of sexual harassment. Women fearless and safe, in and outside of home). This campaign material created a positive impact in the community which was reflected at different meetings, workshops and individual contacts.

Case Study

ASK-SoDESH joint legal aid program in defending Burn Victim’s Death Case On 9 May 2011, 26 year old Ms. Khadiza Begum, d/o Abu Bakar and Monowara, village Ilishpur,Thana Kolaroa, District Stakhira was sleeping in the courtyard, when her husband Asadul along with four other accomplices set her on fire and ran away. Khadiza was severely burned. Immediately after the incident she was taken to nearby Kolaroa hospital. As her condition beame worse, she was referred to Satkhira Sadar hospital, and then to Khulna Sadar hospital. The next day she died.

ASK and Shodesh organised a human chain, which was joined by 20 local organizations and a large number of individuals who demanded fair investigation into her death. A case filed jointly by ASK-Shodesh is under trial.

Child Rights ASK runs six Drop-in Centres where working children are able to attend a flexible system of non-formal education. They are also provided health care and legal protection, in case of abuse by employers, parents and/or law enforcement personnel. Child Rights Unit provided health and legal support to 1,564 working children in 2010.

ASK organised separate meetings with local elected representatives, community members, parents, employers to sensitize them to the negative consequences of child labour. This has led to the formation of active employers and parents groups in each community who promote and protect the rights of the child. Since 2007, ASK has been running 27 Drop-in Centres for full time domestic workers in cooperation with employers. The programme promotes health, education and legal protection of Child Domestic Workers (CDWs) and enourages Ward Commissioners to maintain a record of CDWs in their localities. Employers are encouraged to observe a code of conduct, and violence protection committee are formed with employers, teachers, businessmen, retired doctors and government officers Household owner associations

Ward Commissioners presented survey findings on CDWs to the City Mayor and ED of ASK

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play an active role in the committee member. To discourage rural urban migration of children, ASK decided to replicate their Drop-in Centre

programme in Mymensingh and Netrakona, so that children would stay in their villages and access health and education.

In 2010, ASK made significant interventions to influence policies and programmes for working children: • As a member of the network “Establishment of Domestic Workers Rights” ASK engaged actively

in drafting the Domestic Workers Protection and Welfare Policy 2010 which was submitted to the Ministry of Labour and Employment.

• Formulated a Dhaka Declaration to incorporate a Code of Conduct for protection of child domestic workers, after consultations with employers, parents, ward commissioners and CDWs at a national convention which was organized in collaboration with Save the Children Sweden-Denmark and Together for Working Children.

• Supported four ward commissioners conduct surveys of 6,400 households which identified the total number of child domestic workers living in four wards.

• ASK and Save the Children Sweden-Denmark conducted a study titled "Child domestic workers living inside room and outside law: Role of government and civil society" in preparation of a national level advocacy plan.

• Awareness raising materials were developed to sensitize middle class children to the situation of child domestic workers. These were included in the creativity class of some formal schools.

• ASK facilitated the formation of three violence protection committees in three working areas of Mohammadpur, Mirpur and Kalabagan to prevent abuse and exploitation of child domestic workers. For example, Mohammadpur Violence Protection Committee rescued one child domestic worker from violence.

Emergency Support Service System ASK’s emergency support system provides protection to survivors of violence, particularly women and children during court proceedings. It runs a half way home which offers a short term stay (l0-l5 days). This period can be extended up to an year, with permission of the chief executive. For longer term stay, ASK arranges their clients’ (violence survivors) stay at other shelter homes, if they are unable to return to their own community because of fear of recurrent violence or social stigma. During their stay they are able to access skill training. They are also provided psycho-social counseling.

ASK has formed a voluntary committee of social workers who oversee the activities of the Halfway Home, discuss clients’ concerns and problems, and suggest remedial action. Women and children in need of protection during their case trial are provided with shelter, medical help and counselling. ASK maintains liaison with clients after a setlement is mediated to ensure that the agreement is observed by both parties.

Support Service and Half Way Home arranges orientation for ASK’s clients (attending legal aid clinics) and staff of partner NGOs on family laws, women’s rights, violence against women to help them understand their legal rights, legal procedures, ASK’s mediation and litigation process. In 2010, ASK organized training on gender relations analysis for clients and staff of half way home. Workshops were held on mental health, sexual harassment and HIV/AIDS. Women’s rights in marriage, divorce under personal laws were explained. Counseling was also provided to address tendencies to depression and suicide amongst women survivors of violence. Clients at the halfway home were given lessons in cutting, tailoring and needlework.

ASK’s psycho-social counselling has broken new ground in survivor assistance and rehabilitation; it has shown that mental well being is just as important as physical health. Certified/trained ASK staff provided psycho-social counselling to 132 clients (l22 women and l0 men) in 20l0 to address their emotional stress and help cope with their situation.

Since 1998, ASK has arranged courses in Certified Professional Development in Counselling which has built a team of professional counsellors in the country. Qualified experts from other countries were invited to conduct the courses. 63 professionals participated this year. ASK also organised Basic Counselling training/orientation for 155 participants for its own staff and staff from different organisations. Four organisations (Program for Eco-Social Development (PESD), Palli Shayastha Unnayan Shangstha (PSUS), Moitree Palli Unnayan Sangathan (MPUS) andConcern

17

Worldwide) requested ASK for training on Counselling & Effective Communication, Psycho-social Support & Counselling skills, Communication strategies of Psycho-social support, Basic Counselling and Listening Skills. Local and foreign experts conducted courses on psycho-social counseling for 63 participants, and basic orientation to l55 ASK staff and staff from other organizations. One Dissemination Forum on Psychological well-being of the Society: Need for Professional Mental Health Counselors was formed with 144 participants (56 women, 88 men) at Dhaka University.

In 2010, 376 registered legal aid seekers (Annex table 7) stayed in the Half Way Home and received other support. Awareness raising courses were held for 567 clients, and liaison was maintained with them. Advocacy for Law and Policy Reform ASK’s campaigns and advocacy for law and policy reform to prevent, promote and protect human rights of all irrespective of class, caste, sex, religion, language, age, sexual orientation have been carried out by four units: (a) Research to identify the gaps between the law and its implementation (Research Unit) (b) Publications, periodicals and commissioned articles to mobilise public opinion and stimulate

discussions on the need for new laws, amendments or policy reform (Publication and Communication Unit)

(c) Legal advocacy through public interest litigation or lobbying with policy makers (Legal Advocacy and Policy Reform Unit)

(d) Publicity through mass media (print and electronic), alternative media (website, blogs) and international forums (Media and International Advocacy Unit)

Research Human Rights in Bangladesh 2009: A summary human rights report of 2009 (in English) and full report (in Bangla) was published (with contribution from different units and individual writers. New Research theme: Assessment of situation of ASK’s clients during the last decade, and its role in defending their rights.6 The objectives were to (i) identify the social and economic background of ASK clients, nature of their legal problems, their expectations; (ii) assess if ASK’s legal aid system responds to clients’ expectations and (iii) suggest improvements and need for legal reform. Ongoing research study: 'Quantitative Survey of Rag pickers in Dhaka Metropolitan City' undertaken by ASK’s Research Fellow.

Joint Research: With Oxfam-Novib and TISCO (Tilburg Institute for the Interdisplinary Studies of Civil Law and Conflict Systems) on effectiveness of justice system of Bangladesh. The research findings were shared at study circles. Communication and Publication ASK’s publications have raised issues of public interest, particularly relating to rule of law, democracy and human rights and stimulated discussions on good governance, non-discrimination and social justice. Bulletin Bulletin is a quarterly publication that focuses on contemporary law and policy issues. Four issues were published during the year, the total print number being 24,000 copies. Lead stories: 6 ÒweMZ `k‡K AvmK n‡Z AvBb mnvqZv cÖvß K¬v‡q›U‡`i eZ©gvb Ae ’̄v Ges K¬v‡q›U‡`i AwaKvi

wbwðZKiY I m‡PZbZv ˆZwi‡Z Avm‡Ki fywgKvÓ

Launching of Human Rights Report, 2009

18

Distribution of Bulletin by Category

March issue - rehabilitation of women war victims based on an interview with Taherunnesa Abdullah (founder member of ASK) and an article on international perspective of women’s post war rehabilitation. Other write ups: constitutional amendment, human rights, student politics, Pilkhana tragedy, National Human Rights Commission. June issue - “National Human Rights Commission (NHRC)” based on interviews with former chairman of NHRC, Justice Amirul Kabir Chowdhury and present chairman Dr. Mijanur Rahman. Other articles: law, human rights and women related issues. September issue - War Crimes Tribunal. Other write-ups including High Court judgment on Fatwa and Borkha, and sexual harassment by teachers in educational institutions. December issue - Rehabilitation of women war victims based on interview with Dr. Hameeda Hossain (founder member and Chairperson of ASK). Other write ups:constitutional amendments, review of all laws and amendments of 2010, legal, human and women rights issues. Publications in 2010 3rd edition of Public Interest Litigation- ‘Jonosharthey Mamla’ (500 copies. 250 copies distributed to members of ASK, law students, lawyers, human rights activists, NGOs, donors and Bulletin readers). Shompadak Shomipeshu, a compilation of ASK Press releases published between 2000 to 2009 (500 copies).

2nd edition of Paribarik Ain e Bangladesher Nari, a compilation of personal laws of all religions-Muslim, Hindu and Christian (1000 copies). The first edition was published in 1997.

Six issues of Ainer Katha (Paribarik Adalat Addhadesh, Hindu Paribarik Ain, Muslim Ain e Bibaha, Denmohor, Talak, Abhibhaabakatta, Bharanpashan) for training unit (See Annex table 8).

Newspaper articles Twenty articles by ASK staff and writers published in ASK’s Bulletin were written for newspapers on following subjects: trial of war criminals, student politics, review of laws, National Human Rights Commission, garment workers, migration, sexual harassment, extra judicial killing, eve teasing, Consumer Protection Act 2009, maritime boundaries of Bangladesh, compilation of laws which have passed and amended in 2009, early marriage, fatwa, family violence 2010, human rights activist Salma Sobhan. Discussion Meetings/study circles were held with journalists/ bulletin readers/law students/lawyers

Publication Ceremony of the Book Shompadak Shomipeshu at Ekushey Book Fair

19

in Dhaka and outside to get a feed back on issues raised in the Bulletin, and to identify potential contributors. Two meetings were held with law students of a private University in Sylhet and in Chittagong University, with students, lawyers, journalists, NGO staff, and members of local community organizations. Advocacy for Law and Policy Reform Advocacy for law and policy reform was carried out by filing public interest litigation in collaboration with other organizations and senior lawyers), organising campaigns, preparing policy briefs and submitting memoranda to national and international agencies. PIL briefs and policy memoranda were based on fact finding investigations (sometimes in cooperation with the Investigation Unit) and legal research into incidents of human rights violations. Public Interest Litigation (PIL) The Unit filed nine PILs to protect the following rights: • Right to Life-Writ Petition No-4919/2010 (BELA and ASK) • Right to Freedom from Torture-Writ petition No- 5684/2010 (BLAST and ASK) • Right to Shelter-Writ Petition No 974 of 2010 (Petitioners- ASK and four slum dwellers-Madina

Begum, Kajal Tara, Feroza Bagum and Md. Hanif). • Right to Health-Writ Petition No.1360/2010 (Petitioners- BLAST, ASK and Ainur Rashid,

Complainant. • Writ petition No-4319/2010 (Petitioner- ASK) • Right to Privacy-Writ Petition No- 146/2010 (Petitioners-ASK and Nowrin Tabassum,

Complainant. • Right to Employment -Writ Petition No- 2932/2010 (Petitioners-Shapan Chowkider, Complainant,

ASK, BLAST and ADD). • Environmental Rights-Writ Petition No-6072/2010 (Petitioners- BELA and ASK).

42 PIL cases are pending for hearing and steps have been taken for extension of stay, maintaining status quo, applying for court direction to comply with orders, legal notices, so as to carry the process forward. • High Court Division gave favourable judgments in two PILs: Writ petition no 754/20l0 (fatwa case)

and 234/2004 (Biri Factory Case).7 Law and Policy Review • The Unit reviewed and commented on draft of a Private Member’s Bill on Prevention of eviction of

Slum Dwellers from Public Land 2009 and submitted recommendations on the draft to the Parliamentary Standing Committee on the Land Ministry.

• In collaboration with Manusher Junno drafted recommendations for the proposed Hindu Marriage Bill and submitted to the committee working on the draft.

Institutional Accountability • Particulars of completion of sentences of foreign prisoners from different jails of Bangladesh were

submitted to relevant embassies for repatriation. • Reported complaint to police that village arbitration concealed an attempted rape in Muradnagar

thana, Comilla district. Police registered case under section 9(4)(b) of Nari o Shishu Nirjatan Daman Ain (amendment) 2003.

• Submitted documents on war crimes to the Chief Investigator of the War Crimes Tribunal. This included a copy of the East Pakistan Razakars Ordinance which could not be located in any Government office.

• Requested the Commissioner, Khulna Metropolitan Police to take necessary steps against the persons involved in handing over the bodies of unidentified dead from Khulna Medical College Hospital without informing the police and conducting postmortem.

7 See pages 23-25 for details of cases

20

Campaigns for Implementing Policies • ASK participated in campaigns and dialogues, which led to implementation of schemes for

constructing ramps, proper toilet facilities and installing elevators in the Supreme Court for physically challenged persons.

• Consultations were held with lawyers of BLAST, BIDS, CUS, CUP, UPPR and DSK on the implementation of the Government’s Rehabilitation programme for slum dwellers and to finalize draft bill on prevention of eviction of slum dwellers.

Media & International Advocacy ASK has used the print media and its own website to disseminate appeals and alerts on student clashes at Dhaka and Rajshahi Universities, misuse of power by law enforcement agency, extra judicial killing, border clashes, stalking, violence on journalists, labour unrest, etc. Two Opeds titled ‘Human Rights situation of Bangladesh 2010- ASK’s observation’ and ‘Home Minister-Control your agencies’ regarding ongoing extra judicial killings were published in national print media and two press conferences were organized one on stalking against women and another to launch the Human Rights Report 2009.

In accordance with its consultative status with UNECOSOC, in 2010 ASK disseminated information relating to rights in Bangladesh, liaised

with the UN Mission in Geneva and endorsed several memoranda to UN bodies (see page 27). Media and International Advocacy Unit coordinated the visit of three Women Parliamentarians from Indonesia, along with Steps Towards Development sponsored by APWLD’s Exchange Programme and improved website layout and updating of information. Transparency and Accountability of Public Institutions Investigation and Documentation Units are responsible for field investigations and compilation of data from the print media on human rights violations. The purpose is to draw attention to the role of public institutions in preventing and promoting human rights. Fact finding reports were used for legal action, published in ASK’s Bulletin or in national newspapers. Fact-finding investigations and documentation help to create an indirect pressure for accountability and transparency of public institutions.

Since information leads to a demand for recognition of rights amongst survivors and the local community, ASK has trained journalists in fact finding investigations and formed human rights defenders forums in in l5 districts. This has facilitated local responses and pressed for action by public institutions to prevent injustice and promote good governance. Training in investigation methodology has increased capacity of human rights defenders to conduct fact-finding investigation. 52 participants from 15 districts attended the training, during which they reported on 62

Discussion Meeting on Stalking against women

Fact-finding training conduct by Investigation Unit

21

incidents. Local investigations were an effective means of alerting the administration and in procuring legal remedy for the victim. (Annex table 9). • In 2010, the Unit sent letters and

memoranda in 183 cases (including 58 investigation reports), to relevant authorities including the Chairmen, National Human Rights Commission, Secretary, Director/Assistant Secretary of relevant ministry, IGP, Police Superintendent, Officer in Charge and other government officers to request action.

• Qualitative Investigative reporting and documentation of at least 105 incidents of HRVs were made available to HR activists, and GO/NGO for legal action, litigation, research and advocacy.

• Investigation Unit formed l5 HRD forums (three formed in 2010) in fifteen districts to monitor, investigate and respond to HR issues at the local level.

• At least 30% of reports on HRV incidents (620) were shared with ASK units, HRD Forum members and submitted to relevant government authorities.

• The HR Resource Centre has a collection of law books, reports, human rights literature and newspaper clippings in both English and Bangla. Newspaper clippings filed subject wise by the Documentation Unit were used during the year in filing complaints, sending alerts and drafting memoranda. ASK’s collection of 8,970 books and reports is maintained in a CDS/ISIS database.

Enhancing Capacity of Human Rights Actors ASK seeks to impart knowledge on legal and human rights so as to strengthen community activism and enhance the capacity of human rights defenders to prevent violations. The courses have clarified some legal issues, encouraged peaceful means of dispute resolution, emphasised importance of networking, etc. User-friendly modules and materials have been replicated by several other organisations.

Course evaluations and follow-up reports showed that ASK’s training programmes have significantly raised (a) consciousness of human rights and justice; (b) enhanced activism for a fair justice system and (c) facilitated intervention in incidence of domestic violence, torture, etc.

In 2010, the Training Unit organized and conducted 53 courses (total participants: 1138, Women: 719 women and Men: 419) on Human and Women Rights, Legal Issues, Combating Violence against Women, Gender Based Violence (GBV), Advocacy and Campaign, Facilitation and Communication Skill, Gender Relations Analysis, TOT on Module Writing and Manual Development and Foundation course for ASK staff. Forty two courses were planned and 11 were conducted upon requests from different organizations (See Annex tables 11and 12).

Stregthening Institutional System The Administration Unit provided administrative and logistic back up, information, human resources development for implementation of ASK’s programmes. Accounts and Finance Unit was responsible for financial transactions, monitoring budget expenditure and explaining to staff about budgeting and financial management. The Planning, Monitoring and Evaluation (PME) Unit prepared project

Human Rights Violations Investigated in 2010 (Annex table 10)

22

proposals, coordinated plans and monitored implementation; maintained liaison with donors; compiled and prepared reports; maintained management information system. In 2010, institutional system was improved by the following actions:

Amendment and implementation of Service Rules; operationalisation of purchase policy; implementation of Gender Policy; facilitating trainings/workshops/seminars/meetings/study circles, etc.; selection of a l2 member committee and a Gender Focal person (The Sr. Deputy Director of Gender and Social Justice Unit selected as the Gender Focal Point); selection of Information Officer for ASK in compliance with Bangladesh Information Act, 2009 (Senior Investigator Abu Ahmed Faijul Kabir of Investigation Unit selected as the Information officer); formed and operationalised Sexual Harassment complaints Committee.

23

Part Two

Advocacy for Law and Policy Reform

ublic interest litigations filed in the higher courts by legal aid and human rights organizations have set precedents for institutional intervention in compliance with state obligations. Favourable judgments have been used in aid of advocacy for legislative reform and

implementation of policy. Below are listed some of the public interest litigations filed by ASK together with several leading human rights organizations to correct collective wrongs. ASK has also interacted with Government initiatives for changes in policies and laws. The purpose it to create a framework of rights to implement constitutional guarantees in line with Bangladesh’s commitment to international human rights.

Right to Life 1. Fatwa Case Investigation, Litigation, Mediation and Advocacy Unit staff visited the victim’s house to verify news reports of 101 lashes inflicted upon a 16 years old girl in Kashba Upazilla, Brahmanbaria district on grounds of extra marital pregnancy. With Advocate Salauddin Dolon as petitioner, ASK, BLAST, Nijera Kori, Mohila Parisad and BRAC filed a writ petition in the High Court (Writ Petition No.754 /2010).

The Court declared fatwas instigating extra judicial punishment illegal and punishable offence and issued the following directions: • Persons involved in pronouncing and executing punishment in the name of fatwa or in abetting in

the act shall be liable for committing a criminal offence. • Law enforcement agencies, Union Parishad and Pourashava members shall take immediate

steps against persons pronouncing fatwa and shall undertake awareness-building programmes to prevent the same.

• Ministry of Education shall include a chapter on the supremacy of the Constitution, rule of law in the syllabus of all educational institutions to discourage extra-judicial punishment in the name of fatwa.

ASK took the responsibility to disseminate the judgment to all 4,700 Union Parishads, all Police Superintendents and Deputy Commissioners and 55 NGOs working for women rights and did the same. 2. Fire and Safety Following newspaper reports on a devastating fire in a building in Neemtali, Dhaka, ASK, BLAST, BELA and Nijera Kori filed a writ petition in the High Court challenging the failure of the government to prevent fire and limit damage and to prevent unauthorised expansion of hazardous chemical warehouses in Old Dhaka City (Nimtoli) resulting in 120 deaths.

The High Court issued show cause as to why the government should not be declared to have failed to prevent fire out breaks in old Dhaka City and to prevent unauthorized setting up of chemical warehouses, and why the Government should not be directed to remove the chemical warehouses from old Dhaka City. The case is now pending for hearing.

The Government formed a committee to identify dangerous constructions and to remove chemical warehouses. Right to Freedom from Torture Following news reports published between March and July 2010 regarding corporal punishment in educational institutions, ASK and BLAST filed a writ petition (Writ Petition No.5684 of 2010 on 18.07.2010) challenging the failure of the Government to prevent degrading punishment leading to physical and mental injury by teachers on school and Madrassah students.

P

24

The High Court issued Rule Nisi directing the Ministry of Education to investigate and prosecute the teachers responsible for corporal punishment on students, and directed the Education Ministry to issue a circular to all primary, secondary and Madrassah educational institutions instructing them to refrain from corporal punishment on students.

In response the Ministry of Education issued instructions to all Primary, Secondary schools and Madrassahs to refrain from corporal punishment. The Government also formulated guidelines against corporal punishment. The case is pending for hearing.

Child Rights 1. Custody: Two minor children aged about three and five years respectively were taken forcefully by their father from their mother's custody. In writ petition No. 6332 of 2010 the High Court directed the father to hand over the minors to their mother. 2. Children in hazardous occupations: Writ petition No.1234/2004 (Biri factory case) was filed

against the Government for its failure to ensure healthy and hygienic conditions and safe working place for 25,000 child workers in biri factories under Haragach of Rangpur district resulting in their exposure to tuberculosis, jaundice, bronchitis, kidney infection, skin and eye diseases. Although child labour is not legal in Bangladesh, but children are found in many occupations particularly in the informal sector, and the government with NGOs has adopted policies and programs to eliminate children from hazardous occupations. but for the extreme poverty children are working as labour in Bangladesh. Nevertheless, due to poverty, many children continue to work in dangerous and dirty conditions.

The High Court issued directions to the Government to (i) ensure compulsory education of the children employed in biri factories by providing financial benefits to their families so that their attendance at the school should not result in reduction of the family income; (ii) amend Bangladesh Labour Law 2006 to include adequate deterrent punishment for employers who violate legal requirements, and fix a reasonable remuneration to the workers engaged in biri factories.

The High Court also issued directions to employers of biri factories to (i) ensure healthy environment in the factories and provide adequate medical facilities and medical insurance to all employees. The Court further gave directions against the use of bonded child labour in the coastal areas of the country. Right to Shelter On a complaint from residents of Shahidertek basti regarding an eviction notice, ASK with three slum dwellers filed a writ petition (Writ Petition No. 974 of 2010) challenging the illegal eviction of 2,100 inhabitants of Shahidertak basti, Sher e Bangla Nagar, Dhaka, who have been living there 25 years.

The High Court issued a show cause to the Ministry of Housing and Public Works as to why the eviction should not be declared without lawful authority and why the respondents should not be directed to comply with the principles/guidelines for resettlement/rehabilitation of slum dwellers. The Court also stayed the eviction process till disposal of the case. Over 2,000 persons were protected from illegal eviction. The case is pending for hearing. Right to Health 1. Illegal Medical Practice: After the national newspapers Prothom Alo, Ittefaq and Janakantha (dated 4.11.2009, 5.11.2009 and 28.10.2010 respectively) reported about unsafe blood transfusions, and Mr Ainur Rashid, complained about receiving unsafe blood transfusion, ASK investigated the hospital occurrence and with BLAST and the victim filed a writ petition (Writ Petition no 1360/2010 on 14.02.2010) to challenge the failure of the Government to perform their statutory duties under Safe Blood Transfusion Act 2000 and Rules, to (i) take effective measures to prevent licensing of blood centres that collect unsafe blood from drug users causing various diseases and (ii) for regular inspection to ensure that licensed blood centres are compliant with the provisions of the law for safe, risk free collection and transfusion of blood components.

The High Court issued a show cause and directed the Government to submit a report on measures taken against unlicensed blood centers. Government has submitted the report and the case is pending for hearing.

25

The Government formed a committee headed by the Director General of Health to prevent operation of unlicensed blood centres and to monitor the activities of the licensed blood banks. Bangabandhu Sheikh Mujib Medical University established a safe blood transfusion centre. 2. Medical Negligence: Following a fact-finding investigation into reports of a strike by intern doctors that jeopardized patients’ lives, ASK filed a case challenging the failure of the Government to take action against frequent strikes by intern doctors resulting in denial of access to emergency medical treatment and frequent deaths.

The High Court issued a show cause as to why the strikes called by the intern doctors should not be declared illegal and without lawful authority and why the Government should not be directed to take action against such misconduct by the intern doctors under Bangladesh Medical and Dental Council Act, 1980 and to adopt " B›Uvb©x Wv³vi (k„sLjv I AvPiY) wewagvjv” 1998 (Interns Doctors- discipline and conduct Rules). The case is pending for hearing.

All Medical Colleges and hospitals informed ASK in writing of warnings issued by them to intern doctors that they would be charged with professional misconduct if they called further strikes. Subsequently the intern doctors called off their strike. Right to Privacy On a complaint from a victim of sexual harassment regarding publication by the Jahangirnagar University authority of her name in a circular (in the daily Janakantha dated 27.04.2010, Daily Star dated 28.04.2010 and daily Prothom alo dated 30.04.2010) and negative comments by the Vice Chancellor (VC) in the electronic media, ASK, with the victim, filed a case on 02.06.2010.

The High Court directed the VC and Registrar to appear in person before the Court. They apologized and promised that it would not happen again. The case was dissolved. Right to Employment In March 2010, Swapon Chawkidar informed ASK that he could not appear in the 30th BCS examination due to a Government rule barring persons with disabilities. After collecting relevant information and documents ASK, with BLAST, ADD and the victim filed a writ petition (Writ Petition No.2932 of 2010) in April.

The High Court issued a show cause to the Ministry of Establishment as to why it should not allow persons with disability to appear for BCS exams and join any cadre under PSC. The case is pending for hearing

In response to this order, the Ministry of Establishment submitted a report explaining PSC quotas and age ceiling for appearing in BCS examinations. The Government declared a ten per cent quota for persons with disabilities for 3rd, 4th grade appointments and one per cent for grade one employment. Environmental Rights In July 2010, ASK and BELA filed a writ petition (Writ Petition No. 6072/2010) on 27.07.2010 challenging the Government for failure to prevent earth filling, advertisements and selling of plots of an unauthorized private housing project proposed or being implemented in the area under the Dhaka Metropolitan Development Plan.

The High Court issued a show cause on the Government as to why it should not be directed to protect and restore the flood zones and water retention ponds from illegal earth filling and other activities of the private housing companies for their illegal and unauthorized housing project. As part of an interim order the Court directed the respondents to take effective measures to stop advertisements for earth filling and selling of plots in unauthorized private housing projects. The case is pending for hearing.

26

Campaigns and Advocacy for Legal Reform Domestic Violence Act 2010 In 2004 ASK prepared a draft on domestic violence which was submitted to the Law Commission. The Law Commission received several drafts from other organizations as well and consolidated all the recommendations into a single draft in 2006. ASK submitted its comments on different sections of the bill to reflect the need of survivors for right to safety in the home.

As a member of the Action Network to Combat Violence against Women (AN-CVAW) and Citizens’ Initiatives against Domestic Violence (CiDV) ASK took several initiatives in support of a Bill on Domestic Violence. In 2010, ASK served as the secretariat for the 34 members CiDV network and was a member of the drafting committee for the draft bill on domestic violence submitted by the CiDV network.

ASK also maintained liaison with MOWCA (Ministry of Women and Children’s Affairs) and participated actively in consultations and submitted its comments on the bill drafted by MOWCA to the Parliamentary Committee on MOWCA in September 2010.

In October, the Parliament passed the Domestic Violence Act of 2010 which was gazetted on 28 December 2010.

The journey might seem to end, but in reality it has only begun and in the coming years. ASK will continue to press for drafting rules and for proper implementation of this Act. Stalking In 2010, stalking of school/college girls in public was widely reported in the media. ASK urged the administration to take proper steps against the perpetrators and protect the survivors. It tried to follow steps taken by the administration for the protection of the survivors. Subsequently ASK maintained communication with the families of the victims and local administration. ASK was able to convince the girls and their families to continue going to school.

ASK formed a committee headed by the executive director and staff members from all other ASK Units to plan an effective strategy against stalking. This included initiatives to raise awareness in the community to protest against stalkers, to network with school authorities and teachers through a focal person appointed at the school, who could report on incidents, build solidarity amongst students and take steps to prosecute stalkers.

ASK decided to build coalitions against stalking and to coordinate legal action. Together with members of Bangladesh Legal Aid and Services Trust, Bangladesh Mahila Parishad, Nijera Kori, BRAC and Nagorik Uddyog, ASK visited places where the perpetrators had killed or intimidated individuals who protested against stalking. The team visited Faridpur Madhakhali to activate legal action and campaign against the murder of Champa Rani who was killed because she protested against her daughter’s stalker and Natore where a teacher had been killed because he protested. Sexual Harassment Following the sexual harassment guidelines approved by the Honorable High Court in 2009, in 2010 ASK became a member of a government committee on complaints of sexual harassment. In various cases, ASK continuously investigated the harassment incidents and submitted the report to the concerned authorities as a committee member. In different institutions ASK staff were serving as voluntary members on their sexual harassment committee. Human Rights Report ASK has published an annual report on the situation of human rights in Bangladesh since 1996. It has been an important source of information for researchers, academics, policy makers and activists. This year a summary report (Human Rights in Bangladesh 2009) and full report (gvbevwaKvi evsjv‡`k 2009) in Bangla was published (Human Rights in Bangladesh 2009) with contribution from different units and individual writers.

27

International Campaigns In 2010, UPR Forum handed a memorandum to the Secretary of Foreign Affairs on 23rd June 2010 on the human rights situation in Bangladesh. Monitoring the function of NHRC Article for NI watch (Quarterly bulletin of Asian Network of NGOs for National Institutions-ANNI) and Report for ANNI Annual Report. Responding to global Human Rights Violations (HRVs) Solidarity messages, urgent appeals and memoranda disseminated on the following issues- • Release of Human Rights defenders and prisoners of conscience in Iran, 11 January 2010. • Against brutal attack on Anti-Corruption HRD in South Jakarta. • Memorandum to urge protection of a leading voice of civil society, Republika, Serbia, 1 August

2010. • Joint Statement on the Principle of Non-Refoulement and the Recent Forced Deportations of the

Uighurs from Cambodia and the Lao Hmong from Thailand, 14 January 2010. • Asian NGOs Concern Over Failure of Governments to Appoint Members of NHRIs, 7 June 2010. • Memorandum urging Thai government and protestors to restrain from violence immediately, 3

May 2010. • Protest against the issuance of a new regulation in the district of West Aceh, Indonesia, which

strictly forbids Muslims, especially women, to wear tight clothes on 9 June 2010.

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Annex I

Activity Tables

TABLE 1 Major Activities of GSJU in 2010

Event Male Female Total MSP Accompany victims to thanas, hospitals, lawyers, courts. 36 35 31 66 Collect reports on HR violation & other documentation 178 138 85 223 Convene & conduct shalish (ADRs) 220 586 135 721 Follow up compliance with shalish 10 243 202 445 Legal Camps organized by MSP 107 123 209 332 Meeting: With adjacent union by MSP 10 363 114 477 Meeting: Monthly Union Meeting of MSP 200 2342 1136 3478 Meeting: Public meetings to share HR situation by MSP 07 1433 2297 3730 Meeting: Upazila Meeting of MSP 50 824 340 1164 Organise rallies, submit memorandum, and issue press releases. 08 198 240 438 Workshop: Upazila wide Annual Planning Workshop & council of MSP

06 128 69 197

MNS Accompanying victims to thana, hospital, lawyers, court & CBOs by MNS

27 01 26 27

Documenting incidents of domestic violence 30 Meetings: Cluster meeting of MNS 864 1104 11368 12472 Meetings: Tri-Monthly Union Meeting of MNS 86 182 1832 2014 Shalish; Participate & facilitate shalishes 80 31 119 150 Training on GRA, legal & human rights for MNS 03 0 75 75 MAP Law suits filed under Govt. legal aid to the poor 20 09 13 22 Legal camps attended by lawyers 107 85 25 110 Meeting: Bi-Monthly meeting of the lawyers forum 30 480 86 566 Study circle by the members of the lawyers forum 02 33 06 39

29

Table 2 Complaints Received by Legal Aid Clinics in 2010

Complaints Total Family Related Problems Child Custody 29 Desertion 252 Divorce 68 Dower 8 Dowry 55 Force marriage 2 Maintenance of wife 58 Polygamy 88 Mal adjustment 8 Child maintenance 10 Need for Shelter 6 Others 15 Subtotal 599 Violence Related Problems/ Disputes Mental torture 16 Missing 18 Assault/Battery 271 Kidnapping 4 Rape 8

• Gang rape 1

• Illegal arrest 2 Fatwa 3 Safe custody 1 Acid throwing 1 Murder 9 Illegal captivity 6 Cheating/ fraudulence 2 Others 46 Subtotal 388 Property Or Money Related Disputes Land 1 Money 1 Other

• Deprived from husbands property 1

Subtotal 3 Employment Related Disputes Wrongful Termination 1 Non-Payment of Wage’s 1 Other* 1 Subtotal 3 TOTAL 993

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TABLE 3

Number of Cases Followed-up in 2010 by Mediation & Rapid Response Unit

Number of Cases Followed in Full

Of which Mediation Completed in: 2009 In 2010

249

145

104

TABLE 4

Cases Conducted in Court by Staff & Panel Lawyers in 2006-2010 & Applicable Laws

2006 2007 2008 2009 2010

STAFF LAWYERS

The Family Courts Ordinance – 1985 119 109 103 108 118

Nari o Shishu Nirjatan Daman Ain 2000/2003 25 25 35 29 33

Penal Code, 1860 16 31 38 11 15

Dhaka Metropolitan Police Ordinance, 1976 3 2 - - -

Code of Criminal Procedure, 1898 1 2 2 4 6

Dowry Prohibition Act., 1980 12 7 - - -

Guardianship Act., 1890 5 3 6 4 10

Acid Aparadh Daman Ain, 2002 2 - 5 1 1

Civil Suit - - 2 - -

Bangladesh Labour Law, 2006 - - - 4 -

Negotiable Instrument Act-1881 (Ammended-2006) - - - - 1 Hindu Married Women Right to Separate Residence and Maintenance Act 1946 - - - -

1

Certificate Case - - - - 1

Arms Act - - - - 1

Title suit - - - - 1

Total 183 179 191 162 188

PANEL LAWYERS

Criminal Appeal 6 8 6 4 2

Criminal Miscellaneous 15 2 7 2 5

Criminal Revision 0 0 1 2 1

Civil Revision 2 10 1 1 -

Civil Appeal 0 0 1 - -

Labour Law 8 0 4 1 3

Jail Appeal 1 1 - - -

Doctor's Negligence 1 - - - -

Writ 2 - - - 3

Total 35 21 20 10 14

31

TABLE 5

Activities of Outreach Unit in 2010

ACTIVITY Events Participants

ESTABLISHING/ OPERATIONALISING LEGAL AID CLINICS

Planned Actual F M Total % Female

Assist PNGO's to organize & implement the program

06 06

Assist PNGO's to organize & implement the program in Bogra

03 03

Registration of clients seeking legal aid from PNGO staff at clinics:

200 274 274 274 100%

Registration of clients at Bogra 360 527 527 527 100%

Workshop to form Upazila based Community Legal Aid Groups (CLAG)

02 02 51 49 100 51%

MEDIATION

Convene & Conduct Mediation by paralegal worker under supervision of ASK

100 100 154 286 440 35%

Convene & Conduct Mediation by PNGO Staff at Bogra

As per need

273 819 2184 3003 28%

TRAINING (WORKSHOPS, COURSES, DISCUSSIONS)

Training on RBA 03 03 31 44 75 41%

Training on Legal Aid Procedure 4days at Bogra

03 03 18 8 36 50%

Training on Rights, Human Rights, Gender , CEDAW ,Child Rights, for CBO, PNGO Staff & Others (3 days) at Bogra

06 06 68 84 152 45%

Refreshers course on Paralegal training 01 01 6 8 14 43%

Refreshers course on Paralegal training at Bogra

2 2 26 24 50 52%

Follow up Training 4 4 44 45 89 50%

Orientation on Basic in Counseling 4 4 44 56 100 44%

GRA 3 3 40 35 75 53%

Training, Orientation Session: Resource Development

1 1 4 6 10 40%

Client Workshop 30 42 696 93 789 88%

Client Workshop at Bogra 27 13 168 89 257 65%

Court yard Meetings

45 45 3115 766 3881 80%

Observance of National and International Events

60 14 1500 1700 3200 47%

Issue based discussions 2 2 16 20 36 80%

Issue based discussions with Student at Bogra

15 15 703 943 1646 43%

Legal Camps 36 36 284 481 765 37%

32

Activities of Outreach Unit in 2010

ACTIVITY Events Participants Planned Actual F M Total %

Female ADVOCACY EVENTS

Organize day long advocacy workshop with local bar on higher court’s judgement which implement in lower court

3 3 22 56 78 28%

Annual Workshop on legal aid for district level panel lawyers to sensitize on human rights lawyering

1 1 4 22 26 15%

Day long advocacy workshop for Govt. officials on Human Rights

3 3 32 76 108 42%

Workshop with different NGOs on different issues

1 4 20 46 66 43%

Day long advocacy workshop on Women Rights for gov't. officials in Bogra

6 6 158 296 454 35%

Media Advocacy (Press statements, Press release, Writer up etc) on Women Rights issues at Bogra

3 3 40 65 105 38%

Organize legal awareness workshop for grass-root people

60 188 3482 1136 4618 75%

Meeting with Union Parishad Member on Women Issues at Bogra

20 14 206 456 662 31%

LITIGATION

Conduct cases (Panel Lawyers activity) 50 56 56 0 56 100%

Conduct cases (Panel Lawyers activity) at Bogra

Need based

29 29 0 29 100%

Legal Notice (Trough Legal Aid Clinic) Need based

27 27 0 27 100%

RAPID RESPONSE & RESCUE

Rapid response to HRV at District level 60 172 172 0 172 100%

Rapid response to HRV at Bogra Need based

105 105 0 105 100%

OTHER

Base line Survey 0 0 0 0 0 0

Base line Survey at Bogra 0 0 0 0 0 0

33

TABLE 6

Activities of Child Rights Unit in 2010

Activities/ Sub Activities Achievement

Event Girls Boys Total

Registration - - - - Working children - 647 892 1564 Domestic worker - 2363 124 2487 Children at risk (Mymensing) - 590 230 820 Mymensing Direct service Non formal education - 240 160 400 Pre school - 216 84 300 Vocational - 118 02 120 Advocacy Introduce registration system at UP 12 - - - Job placement - 64 - 64 Awareness Parents meeting /workshop 132 3234 1386 4620 Employers meeting /workshop 32 448 672 1120 Networking meeting 2 7 49 56 Meeting with UP 33 132 528 660 Dhaka

Direct service Provide literacy learning - 1694 1242 2936 Indoor/ Outside workshop 336 1521 1232 2753 Arrange newspaper assembly 574 2961 3072 6033 Enrollment to other school - 308 238 546 Vocational training - 51 11 62 Provide first aid & medicine - 1953 3191 5144 Buy / cook food - 22867 20919 43786 Buy warm cloth 233 - - - Provide counseling - 85 178 263 Provide legal aid - 12 3 15 Arrange art class 181 2057 1886 3943 Participate in art competition 33 82 166 248 Prepare creative production 1000 - - - Arrange excursion 3 161 273 434 Drama in festival observation 4 151 98 249 Children gathering 3 202 182 384 Print Srijonshil Magazine 6 - - - Advocacy National child domestic worker convention 1 144 69 213 Meeting with ward commissioner 5 55 32 87 Meeting with Mayor 1 35 94 129 Meeting on code of conduct 5 143 7 150 Area based Survey on CDW 6 - - - Meeting with meddle class children on CDW rights 14 200 175 375 Encourage good practice 6 - - - Awareness Parents meeting /workshop 43 606 99 705 Employers meeting /workshop 16 285 52 337 Community meeting/ gathering/ discussion 30 1012 215 1227 Rally 3 108 127 235 Meeting with teacher 4 78 2 80

34

TABLE 7

Services Provided by Support Services & Half-Way Home in 2010

HALF WAY HOME Accommodation (bed days) 422 clients Meals (clients) 422 clients Medical treatment (clients) 287 clients Clothing (clients) 254 clients Psychosocial counselling (clients) 282 clients Vocational training (clients) 272 clients Referrals to other organisations for additional assistance, e.g. long-term stay at shelters (clients)

21 clients 6 children

SUPPORT TO LEGAL AID CLINICS HR orientation workshops for clients Client Workshop 24

(Participant - 259) HR training workshops for group leaders of NGOs Training – 15

(Participant - 308) Medical assistance (clients) 19 clients Food & transport to clients (clients) 149 clients No. of legal notices served 512 Follow-up of mediation agreements (clients) 687 clients

TABLE 8: Publications & other activities of Publication and Communication Unit in 2010

Title Language Description Status (Dec 2010)

Periodicals, Books, Pamphlets

Bulletin Bangla Quarterly publication Published- March, June, September and December 2010

Paribarik Ain e Bangladesher Nari (Women in Family laws of Bangladesh)

Bangla Book on existing Family Laws in Bangladesh.

Published- November 2010

Shompadok Shomipeshu Bangla Book, Collection of press release of ASK.

Published- February 2010

Manobadhikar Bangladesh 2009 (Human Rights Report 2009)

Bangla Book, Annual report on HR in Bangladesh

Published- December 2010

Human Rights in Bangladesh 2009-A Summary Report

English Summary report on HR in Bangladesh

Published- 2010

Ain er Kotha(About Laws) Bangla Handbook on family laws consisting of stand-alone booklets on specific laws & implications for women. Booklets updated or reprinted as needed. Extensively used by ASK units and other NGOs.

Six issues of Ainer Katha printed (Paribarik Adalat Addhadesh, Hindu Paribarik Ain, Muslim Ain e Bibaha, Denmohor, Talak, Abhibhaabakatta, Bharanpashan)

Newspaper Articles 21 Articles Bangla Topic: Human right activist and

founder member of ASK Salma Sobhan, student politics, trail of war crime, review of law, human rights commission, garments, migration, eve teasing etc

Janakantha-6 Sombad-6 Protnhom Alo-6 Nogor Dorpon-2 Somokal-1

Workshops 2 workshops with journalists/ bulletin readers/ law students/ lawyers.

35

TABLE 9

Investigation Unit: Activities Targeted and Achieved in 2010

Activities Targeted Achieved Investigations conducted by own staff

80 105

Investigations conducted by local HR Defenders Forums.

75 62

Meetings of Human Rights Defenders Forum attended.

as needed 8

Conducted Training in Fact Finding Methods

2 2

Follow-up visits to districts 36 51 Letters of appeal to authorities 180 183

TABLE 10

Human Rights Violations Investigated in 2010 & Follow-Up

No. Subject Completed Referred for Action Lau Adv Appeal to

Authority Media Article

I. STATE VIOLENCE Death in Crossfire (RAB/ POLICE) 27 7 14 23 3 Custodial Death by Police & RAB 13 5 4 11 - Physical Torture by Police & RAB 6 2 2 2 - Missing 5 2 2 3 II. VAW Unnatural death of Domestic worker/ Suicide 1 1 - - - Provoke to suicide young girl 3 3 - 2 1 Physical torture 3 2 - 2 - Rape 4 2 - - - Fatwa 4 2 4 3 1 III. ATTACKS ON MINORITIES Hindu Community 6 2 - 3 - Adibashi People 3 - - 2 1 IV. CHILDREN Unnatural death of domestic maid 2 1 - - - VI. INSTITUTIONAL VIOLENCE Garments 6 3 1 2 2 Medical negligence 3 1 3 1 - Safe Blood Transfusion 3 - 3 - Drug Addiction reform center 2 - 2 - VII. OTHERS Political clash 3 - - 2 1 BDR (unnatural death) 4 4 2 - 2 Migration 3 - 2 - 1 Slum 2 - 2 - - Miscellaneous 2 1 1 2 - TOTAL 105 38 42 58 12

Row totals do not agree due to multiple follow-up of a case.

36

TABLE 11:

List of Training Courses Conducted by Training Unit

Course Title Duration (Days)

Event Male Female Total

Training on Communication skill and foundation course

2days 2 15 26 41

Training on Gender relation analysis (GRA), HR, Good Governance, CEDAW and OP, Child Rights, Advocacy

3 days 1 15 11 26

Training on Human Rights, Women Rights and VAW and legal issues and CRC

3 days 2 28 24 52

Paralegal training 6 days residential

1 8 17 25

Training on effective Communication & Facilitation Skill & Documentation for NGO staff & others

6 days, Residential

1 6 19 25

Training on basic and general education ()

3 days 1 5 15 20

Refreshers course on Paralegal training 4 days residential

2 13 21 34

Conduct training on Skill building of CBO’s & Women’s group (Result -2)

7 113 62 175

Training on Family law, VAW, CRC, Succession Act for awareness build up (Result -4)

15 307

2 309

Follow up 3 days 3 39 20 59 Follow up visit & Training monitoring 2 days 6 55 30 85 TOT on Facilitation Skill 1 10 5 15 Training on Gender Based Violence for Concern Worldwide Bangladesh

5 131 25 156

Training on Paralegal For Research Initiatives (RIB)

1 12 5 17

Training on Advocacy and Campaign Management for National Counsel of Disability Women (NCDW)

1 - 17 17

Training on Legal issues for USCC Bangladesh

2 10 35 45

Training on Communication and Facilitation Skill for the staffs of CBSDP

1 1 19 20

TOT on Human Rights and Legal Issues for ZABARANG

1 13 4 17

Total 53 781 357 1138

Table: 12: Participants Attending Training Course

In 2010 by Category

ASK Staff 152 CBOs & Group members 674 PNGO Staff 110 NGOs (Staff & Group members) 255 Total 1191

37

Annex II

ASK Support System Legal Aid Clinics in Dhaka: 8 (l) Dholpur at Jatrabari Police Station (2) Shantibagh (3) Goran (4) Johnson Road (5) Kamrangichar (6) Keraniganj (7) Shah Ali Bagh, Mirpur (8) Victim Support Centre (VSC) Drop-in Centres For Working Children = 6 For Child Domestic Workers: 27 Bashabo: 1 Ekota (Johnson Road): 1 Goran: 1 Mirpur: 1 Mohammadpur: 1 Shantibag: 1

Part Time Kalabagan 1 Kallyanpur 2 Mohammadpur 5 Madartek 2 Mirpur 9

Full Time Dhanmondi 1 Kalabagan 1 Kallyanpur 1 Mohammadpur 2 Madartek 1 DOHS 1 Mirpur 1

Partner NGOs: (19)

Barisal: Association of Voluntary Action for Society (AVAS). Bogra: Moitree Palli Unnayan Sangathan (MPUS). Bogra: Palli Shayastha Unnayan Shangstha (PSUS). Bogra: Program for Eco-Social Development (PESD). Chittagong: Organization for Women’s Development in Bangladesh (OWDEB). Hobigonj: Hobigonj Unnayan Sangsta (HUS). Rajshahi: Barendra Unnayan Prochesta (BUP). Sathkhira: Society for Development and Education of Small Household (SoDESH). Tangail: Rural Poor Development Organization (RPDO). Gaibandha Sadar: Gana Unnayan Kendra (GUK). Jhenaidah Sadar: Welfare Efforts (WE). Joypurhat Sadar: National Development Council (NDC). Kishoreganj Sadar: Bandhan Society. Kushtia Sadar: Mukti Nari o Shishu Unnayan Shangstha. Mymensing Sadar: Social Association for Rural Advancement (SARA). Naogaon Sadar: Adarsha Shapla Unnayan Sangstha (ASUS). Netrakona Sadar : Shabolomby Unnayan Samity (SUS). Pabna Sadar: Pabna Prostisruti (PP). Sirajganj Sadar: Sirajganj Uttaran Mohila Shangstha (SUMS). Schools: 40 Gaibandha: Sadhinotar Rojot Joyonti Girls High School, Modern N.H. High School, Tulshighat Kashinath High School, Rabeya Habib Girls High School. Jhenaidah: Shisukunja School & College, Fojor Ali High School, Jhinaidah S.P. Secondary School, New Academy School. Joypurhat: Khanjanpur Mission Girls High School, Joypurhat Girls High School, Teghor High School, Teghor girls high school. Kishoreganj: Arjot Atorjan High School, Ajimuddin High School, Kishoreganj Girls High School, Zila Smarani Girls High School. Kushtia: Kolokakoli Secondary School, Mohini Mohon Biddyapith, Milpara Secondary School,Housing Estate Girls High School. Mymensingh: Mymensingh Laboratory High School, Premier Ideal School, The Edward Institution, Police Line High School. Netrokona: Jahanara Smrity Girls High School, Rajur Bazar Collegiate School, Krisnogobindo High School, Netrakona Girls High School.

38

Naogaon: Central Girls High School, P.M. Girls High School, Chok Enayet High School, Jonokolayan Model High School Pabna: Jannat Bibi Jubily Girls High School, Central Girls High School, Selim Najir High School, Saheed Fajlul Haque High School. Sirajganj: Victoria High School, Sobuj Kanon High School, Koumi Jute Mills High School, Hoimobala Girls High School. Manobadhikar Nattaya Porishod (MNP): 10 Joypurhat, Naogaon, Gaibandha, Sirajganj, Kushtia, Kishoreganj, Jhinaidah, Mymensing, Netrakona, and Pabna Donor Partners: 9 Donor Consortium Oxfam-NOVIB (Netherlands) The Royal Norwegian Embassy, Dhaka The Swedish Embassy, Dhaka (Consortium partner, renewed funding from 2009) NETZ-Germany DANIDA Individual Donors Save the Children Sweden-Denmark Manusher Jonno Foundation (MJF) FK Norway Drishtipat Networking National Networks Bangladesh Shishu Odhikar Forum (BSAF): 170 member organisations to campaign for the implementation of the Child Rights Convention. Beijing plus Five for Women’s Rights: a coalition of women’s organisations to implement the Beijing Platform for Action, adopted by the Government of Bangladesh. Coalition for the Urban Poor (CUP): coordinates campaigns for the right to shelter of slum dwellers and mobilises them to demand their rights. Citizen’s Initiative on CEDAW: a network of 38 organisations formed in 2007 to prepare an alternative report for the UN CEDAW Committee and to campaign for implementation of CEDAW. Citizen’s Initiatives to Address Domestic Violence: a network of 40 organisations formed in 2007 for advocacy on legislation for Domestic Violence. Sramik Nirapotta Forum: a network of 14 organisations concerned with safety at the workplace and workers’ health. Formed after the collapse of the Spectrum Sweater Industries building in Polashbari, Savar it has campaigned for workers’ safety through the media, and filed PILs to establish corporate responsibility for workers’ deaths and injuries. Samajik Protirodh Committee: a network of 52 women’s groups formed to resist violence against women by both state and non-state actors, to campaign for participation of women in public decision-making and to resist the rise of religious extremism. The Secretariat is located in the Bangladesh Mahila Porishod. Human Rights Forum on Universal Periodic Review (UPR), Bangladesh: a coalition of 17 human rights and development organizations of Bangladesh formed to prepare a joint stakeholders’ report for the UPR and carry out advocacy activities. International Networks Asia Pacific Forum for Women, Law and Development (APWLD): formed after the Nairobi Conference. Based in Chiang Mai, Thailand, APWLD networks with legal and women’s rights organisations across Asia and the Pacific to campaign for women’s rights, to create awareness of rights and to draft recommendations for legal reform. Asian NGO Network on National Human Rights Institutions (ANNI): a network of human rights NGOs in Asia engaged with NHRIs to strengthen domestic human rights protection mechanisms in accordance with international human rights standards. End Child Prostitution, Child Pornography and the Trafficking of Children for Sexual Purposes (ECPAT International): works against commercial sexual exploitation of children. Member NGOs in 70 countries and the secretariat is in Bangkok.

39

Forum Asia (FA): promotes human rights through training, education and awareness of international standards for different constituencies. Secretariat based in Bangkok. International Women’s Rights Action Watch (IWRAW): promotes women’s rights under CEDAW and other UN Conventions. It supports and trains organizations to prepare shadow reports for treaty bodies. Secretariat located in Kuala Lumpur. Migrants’ Forum in Asia (MFA): raises awareness about migrant workers’ rights and fair working conditions and creates structures of support. Secretariat located in Manila. South Asians for Human Rights (SAHR): a network of human rights defenders and organizations based in South Asia. The secretariat is in Colombo. We Can End Violence against Women: an international campaign against domestic violence. Holds meetings, seminars, workshops and publishes materials on violence against women and personal and collective measures to prevent gender-based violence. ASK is currently Chair of the national committee. Women Living Under Muslim Laws (WLUML): an international solidarity network that has engaged with problems faced by women in contending with Islamic laws.

40

Annex III

Ain o Salish Kendra (ASK) Balance Sheet

As at 31 December 2010

Particulars 2010 2009

Source of Fund: Capital Fund (ASK Equity) 119,041,554 110,651,717 Liabilities 18,885,644 8,473,304 Gratuity Fund 18,885,644 8,473,304

Total 137,927,198 119,125,021

Application of Fund: Fixed Assets at cost Less Depreciation 40,299,768 40,642,743

Current Assets: 98,530,570 79,168,016 Security Deposit 28,000 28,000 Membership Subscription 900 4,400 Stock of Stationary 413,753 1,309,453 Fund Receivable 8,500,110 - Cash in Hand & at Bank Balance 89,587,807 76,486,163 Office Rent (Adv & Security) - 1,340,000

Less: Current Liabilities: 903,140 685,738 Liability for Expenses 801,388 338,713 Advance Membership Fees 1,400 900 Provision for Tax 100,352 346,125 Net Current Assets 97,627,430 78,482,278

Total 137,927,198 119,125,021

41

Annex IV

ASK Members

Founder Members Abdul Khaleque Aminul Haq (Late) Amirul Islam Fazle Hasan Abed Hameeda Hossain Khursheed Erfan Ahmed K.M. Subhan (Late) Salma Sobhan (Late) Taherunnessa Abdullah Executive Committee Members Dr. Hameeda Hossain (Chairperson) Advocate Z I Khan Panna (Secretary General) Barrister Nihad Kabir (Treasurer) Dr. Meghna Guha Thakurta Member Fatema Rashid Hasan Member Tahmina Rahman Member Taherunnessa Abdullah Member Sultana Kamal (Ex-Officio) Member Dr. Faustina Pereira Member General Members Afsana Wahab Dr. Faustina Pereira Fatema Rashid Hasan Isaac Robinson Khurshid Alam Karunamoy Chakma Dr. Meghna Guha Thakurta Md. Asaduzzaman Md. Nur Khan Barrister Nihad Kabir Neela Matin Roushan Jahan Parvin Rokshana Khondokar Roushan Jahan Sultana Kamal Barrister Sara Hossain Shameem Akhtar Syed Mahbubar Rahman Tahmina Rahman Tanzina Huq Tiru Advocate Z.I. Khan Panna

Zaved Hasan Mahmood

42

Annex V

ASK Personnel

Executive Director Sultana Kamal

Directors Md. Nur Khan, Investigation and Documentation

Md. Shah Newaz, Director, Admin & Programme Support

Human Rights Awareness Unit: Koyela Sharmin, Md. Jahedul Alam (Sr. Coordinator), Joganmoy Paul, Motahar Uddin Akand (Sr. Deputy Director), Md. Mubinur Rahman, Suraiya Akhter, Monira Nahar, Md. Amiruzzaman. Gender and Social Justice Unit: Md. Abu Sayed Sumon, Gulsan Ara Parvin, Mozahidul Islam, Sanaiyya Faheem Ansari (Sr. Deputy Director), Sitara Shamim, Taufiq Al Mannan (Sr. Coordinator), Sabbir Mahmud, Masuma Akter, Mahbubul Alam. Mediation & Rapid Response Unit: Asma Khanom Ruba, Kuheli Sultana, Mahjabin Robbani, Nina Goswami (Sr.Deputy Director), Nahid Shams, Selina Akhter, Shithi Rani Das, Shilpi Saha, Shamsun Nahar, Sharmin Sultana, Sumita Bagchi, Umme Kulsum Akter Parvin, Mirana Sabir. Litigation Unit: Abdur Rashid, Farhana Afroze, Mizanur Rahman, Momtaj Begum, Monira Akter, Nasreen Akter, Nilufa Akter, Salma Jabin (Deputy Director), Snigdha Saha, Topan Kumar Sarker, Atqullah Nurul Kabir, Md. Shohel Rana. Outreach Unit: Dilip Kumar Paul (Sr. Coordinator), Rehana Sultana, Rahat Uddin, Roushan Jahan Parvin (Sr. Deputy Director), Md. Shahinuzzaman, Abdul Alim, Sofia Hasen, Animesh Chandra Sarkar. PHRD Project: Ms. Farhanat-Ul-Alam, Ms. Dil Afroz Akter, Mr. A.S.M. Mahmudul Huq, Ms. Tamanna Parvin, Ms. Ishrat Jahan, Ms. Saifun Nesa Zaman, Md. Shahadot Hossain, Mst. Afroza Khatun, Shanzida Parvin, Mahmuda Begum, Ms. Ajufa Khatun, Ms. Sefali Begum, Rashida Khanam, Sayda Parvez Khanam, Ms. Sabrina Naz, Sanjida Islam. Support Service and Half Way Home Unit: Arpita Rani Das (Coordinator), Ayesha Islam, Ayesha Begum, Dilara Momtaz Moni, Shanta Ahmed, Ishrat Jahan Mithila, Rokeya Begum, Maleka Begum, Maru Baroi. Child Rights Unit (Consortium): Gita Chakraborty (Sr. Deputy Director), Moqsud Maleque (Sr. Coordinator), Meheraj Jahan, Jahan Ara Pervin, Runa Khandakar, Mina Sanyal, Shamsunnahar Shewly, Ali Akram Tarafder, Kamrun Nessa, Atia Afrin, Rehana Pervin, Nargis Akter Mafia, Nazma Akter, Shammi Akter, Shahana Sultana, Ferdousi, Lutfunnessa, Nahida Sultana Pali, Hasina Nazneen Sathi, Rehana Pervin, Sayeda Nupur, Sharmin Akter Sonia, Nazma Akter Suborna, Sharmin Sultana, Rashida Akter Rozi, Waresh Banu, Soniya Rashid, Farhana Parvin Keya, Maksura Akter Jhuma, Farhana Afroza Shimu, Sufia Akter Sufi, Farhana Momtaj Liza. Child Rights Unit (SCSD Project: Rita Parven (Asstt. Coordinator), Rasheda Akter, Ambica Roy, Asadujjaman, Luna Sarkar, Pervin Akter Baby, Shaheen Mahbub, Selina Akter Seli, Farzana Khanam, Mohsena Begum, Reshma, Akhter, Shahanaz Akhter, Rabeya Akter Himu, Padmabati Debi, Nahid Sultana Runi, Nayon Shaha, Jebun Nahar, Shanaj Akhter, Mabia Akhter, Anwara Begum, Nabila Iqram, Mizanur Rahman, Lutfa Begum, Jesmin Islam Child Rights Unit (CAUSE Project): Nargis Akhter (Coordinator), Monika Rani Dey, Rokeya Begum, Mst. Sharifa Jafrin, Maksuda Khan, Rafiza Akter, Pushpa Rani, Shammi Akter Neela, Mirza Shammi Akter, Roksana Parveen Shukla, Hosne Ara Hoque, Tahmina Akter Mili, Humaira Khanam, Nurun Nahar Taniya, Mst. Mahmuda Akter, Shamima Yasmin, Umme Kulsum Rekha, Roksana Akter Sewly, Fariya Biplobi, Maksuda Akter. Psycho-Social Help (Component): Nasima Akter (Counsellor), Shahin Islam (Advisor). Investigation Unit: Abu Ahmed Faijul Kabir, Anirban Saha, John Asit Das, Khorshed Alam, Mohammed Tipu Sultan (Deputy Director), Shah Alam Faruk. Documentation Unit: Fahmida Zaman, Fatema Zannati, Jharna Khanam, Nargis Akhter, Zafreen Sattar (Sr. Coordinator). Publication & Communication Unit: Kaniz Khadija Surovy, Shaheen Akhter (Editor), Srabantee Shegufta Media & International Advocacy Unit: Syeed Ahmed (Sr. Coordinator), Prashanta Kumar Roy, Subarna Sarkar, Fariha Zaman. Research Unit: A.T.M. Morshed Alam, Lubana Rashid, Sabetun Nahar. Legal Advocacy and Policy Reform Unit: Abu Obaidur Rahman (Sr. Coordinator), Abantee Nurul, Kamrujjahan Flora, Shirina Akhter, Md. Abul Basher. Training Unit: Tanvia Roselin Sultana, Momy Monzury Chowdhury, Sadia Tasneem, Iffat Jarin, Md. Shakhawat Hossain, Tasmin Akter, A.K.M. Bulbul Ahmed, Farhana Lokman, Israt Jahan Tamanna, Mst. Wahida Begum, Ripon Paul Sku. Administration Unit: Abu Musa, Abedul Moula, Amena Begum, Anil Chandra Mandal, Fazila Begum, Fatema Begum, Laila Begum, Laily Begum, Md. Haider Ali, Khokon Gomez, Mahmuda Sultana, Mariam Begum, Mintu Barua, Majeda Begum, Mahbub Alam, Mosharaf Hossain, Md. Moshin Ali, Nur E. Alam, Nurun Nahar Rekha, Rizwanul Hoque, Sabina Yeasmin, Shamim Hossain, Shirin Aktar, Tahsina Ahmed, Zahera Begum, Md. Sekander Ali. Finance Unit: Hosne Ara Begum, Ishtiak Ahmed, Md. Shahidullah (Sr. Deputy Director), Philip Arnold, Tahera Begum, Sabila Moqtader, Ms. Mahfuza Khanam. Planning, Monitoring and Evaluation Unit: A M Rasheduzzaman Khan (Data Analyst), Fatema Mahmuda (Deputy Director).

43

Annex VI

Sponsors of Working Children in 2010 Sponsors Names of Children Sarah Leigh Asma, Rabeya, Rashidul Islam Patrizia Maksuda, Santa, Sumaia and Jakir Zafrin Sattar Rubel Hameeda Hossain Rabiul, Rubina