History and Theoretical Approach of Bangladesh in International Law
Bangladesh’s Approach to ‘Law’ and ‘International Law’
UN General Assembly – Security Council – Multilateralism – Coherence and Complementarity
Statement by Bangladesh at the Open Debate of the Security Council on New Orientation for Reformed Multilateralism at the Security Council Chamber, 14 December 2023
Bangladesh highlighted how the foundation of international peace and security has been jeopardized by multidimensional challenges, including climate change, conflict, food, energy, and financial crises, the COVID-19 pandemic, and the conflict in Ukraine. An ardent advocate of multilateralism, Bangladesh made the following observations:
First, the UN’s Security Council’s membership and structure are not in sync with current realities. For it to be fully representative, relevant, effective, democratic, transparent and fit for purpose, it must be reformed, having due regard to the representation and inclusiveness of all regions and the judicious use of veto power.
Second, the General Assembly symbolizes multilateralism and reflects better the will of the world’s people than the Security Council does. There is a need to revitalize the work of the GA to preserve its inter-governmental, inclusive, consultative and democratic nature. It is important to bridge the power gap between the General Assembly and the Security Council as a matter of priority. Aligning the GA agenda with the goals and targets of the 2030 Agenda, eliminating duplication and overlap, promoting complementarity of related issues, and further reform of the working methods of the General Assembly and its main Committees must be prioritized.
Third, it is imperative to enhance synergy, coherence and complementarity among the agendas of the Assembly and its Committees, the ECOSOC and its subsidiary bodies. Interaction with the Security Council also must be improved.
Fourth, it is important to reform other multilateral institutions such as the International Monetary Fund (IMF), World Bank (WB), World Trade Organization (WTO), and World Health Organization (WHO) to enhance their capacity to effectively address the diverse challenges of current times and to adapt to twenty-first-century realities with particular focus on developing countries.
Territory and Jurisdiction
Authority and Sovereignty over Territory
Transnational Crimes – Cybercrime – Cyber Defence – Privacy and Data Protection – Due Diligence
Cyber Security Act, 2023 (Law No. 39 of 2023)
The Act replaces the Digital Security Act of 2018 to ensure cybersecurity and make new provisions for the detection, prevention, suppression, and prosecution of crimes committed through digital or electronic means and related matters. The Act shall be applicable extra-territorially. If any person commits any offence under this Act beyond Bangladesh which would be punishable under this Act if committed in Bangladesh, the provisions of this Act shall be applicable in such manner as if he had committed such offence in Bangladesh (Section 4(1)). If any person commits any offence within Bangladesh under this Act from outside of Bangladesh using any computer, computer system, or computer network situated in Bangladesh, the provisions of this Act shall be applicable in such manner as if the entire offence had been committed in Bangladesh (Section 4(2)). If any person commits any offence beyond Bangladesh under this Act from within Bangladesh, the provisions of this Act shall apply in such manner as if the offence had been committed in Bangladesh (Section 4(3)).
The government shall establish a National Cyber Security Agency (NCSA) consisting of 1 (one) Director General and several Directors as specified in the rules for carrying out the purposes of this law (Section 5). The Agency shall function under the direction and advice of the National Digital Security Council, chaired by the Prime Minister (Section 12). To carry out the purposes of this Act, there shall be one or more digital forensic labs under the control and supervision of the Agency (Section 10). The government may declare any computer system, network or information infrastructure as critical information infrastructure (Section 15). The law defines “critical information infrastructure” as any external or virtual information infrastructure that controls, processes, circulates or preserves any information, data or electronic information and, if damaged or critically affected, may adversely affect public safety or financial security or public health and/or national security or national integrity or sovereignty.
Section 16 of the Act sets out measures for monitoring and inspecting a critical information infrastructure. The Director General of NCSA shall, if necessary, from time to time, monitor and inspect any critical information infrastructure to ensure that the provisions of this Act are properly complied with and submit a report on this behalf to the Government. If the Director General has reason to believe that any activity of an individual regarding any matter within his jurisdiction is threatening or detrimental to any critical information infrastructure, then he may, suo moto, or upon a complaint of any other person, inquire into the matter.
The Act prescribes steps to prevent potential threats to cybersecurity. If any data information related to any matter within the jurisdiction of the Director General of NCSA, being published or propagated in digital media, creates a threat to digital security, s/he may request the Bangladesh Telecommunications and Regulatory Commission (BTRC) to remove or, as the case may be, block the said data-information (Section 8(1)). If it appears to the law enforcement that any data information published or propagated in digital media hampers the solidarity, financial activities, security, defence, religious values or public discipline of the country or any part thereof, or incites racial hostility and hatred, they may request BTRC through the NCSA Director General to remove or block the data-information (Section 8(2)). In the case of both the above instances, the BTRC shall, with intimation to the Government of the said matters, instantly remove or, as the case may be, block the data information (Section 8(3)).
The Act sets out elaborate provisions on offences and punishment. It treats quite a few acts as offences punishable by imprisonment, a fine, or both. Some offences are cognizable and bailable, some are non-cognizable and non-bailable, while others are non-cognizable, bailable and subject to the permission of the court, and may be compromised (Section 52). Without going into the details of punishment, the acts that constitute offences under the Act are discussed.
According to Section 17, it is an offence if any person intentionally or knowingly makes illegal access to any critical information infrastructure; or uses illegal access, causes or tries to cause harm or damage to it, or makes or tries to make it inactive. It is also an offence if any person makes or abets to make illegal access to any computer, computer system or computer network; or makes or abets to make illegal access to any computer, computer system or computer network with the intent to commit an offence (Section 18).
Section 19 lays down that it shall be an offence if any person –
(a) collects any data, data storage, information or any extract of it from any computer, computer system or computer network, or collects information with movable stored data information of such computer, computer system or computer network, or collects a copy or extract of any data; or
(b) intentionally inserts or tries to insert any virus or malware, or harm-ful software into any computer or computer system, or computer network; or
(c) willingly causes or tries to cause harm to data or data storage of any computer, computer system, computer network, or causes or tries to cause harm to any program saved in the computer, computer system, or computer network; or
(d) obstructs or tries to obstruct a valid or authorized person from accessing any computer, computer system or computer network by any means; or
(e) willingly creates or sells or tries to create or sell spam or sends unsolicited electronic mails without permission of the sender or receiver, for marketing any product or service; or
(f) takes service of any person or deposits or tries to credit the charge fixed for the service to the account of any other person fraudulently or using unfair interference to any computer, computer system or computer network.
It shall be an offence if any person intentionally or knowingly hides, damages or modifies the source code used in any computer program, computer system or computer network, or tries to hide, damage or modify the source code, program, system or network through another person, and if such source code is preservable or maintainable, then such act of the person shall be an offence (Section 20).
If any person, using digital or electronic medium, makes or instigates any propaganda or campaign against the liberation war of Bangladesh, the spirit of the liberation war, the father of the nation, the national anthem or the national flag, then such an act shall be an offence (Section 21). It shall be an offence if any person commits forgery by using any digital or electronic medium, then such an act of the person shall be an offence (Section 22). For purposes of this section, “digital or electronic forgery” signifies operating without any right or more than the authorized right or using unauthorized practice, erroneous data or program, information or wrong activity, information system, computer or digital network by producing, changing, deleting and hiding input or output of any computer or digital network by any person. If any person commits fraud by using any digital or electronic medium, then such an act shall be an offence.
If any person commits fraud by using any digital or electronic medium, then such an act of the person shall be an offence (Section 23). For purposes of this section, “digital or electric fraud” means to change or delete any information of, or add new information to, or tamper any information of, any computer program, computer system, computer network, digital device, digital system, digital network or social media by a person, intentionally or knowingly or without permission, and doing so, to diminish the value or utility thereof, or try to get any benefit for himself or any other person, or to cause harm to, or deceive, any other person.
According to Section 24, it shall be an offence if any person, intentionally or knowingly, by using any computer, computer program, computer system, computer network, digital device, digital system or digital network –
(a) holds the identity of another person or exhibits the personal information of another person as his own to deceive or cheat; or
(b) holds the personal identity of any person, alive or dead, as his own by forgery to –
(i) get or cause to get a benefit for himself or any other person;
(ii) acquire any property or any interest therein;
(iii) cause harm to a natural person or individual by impersonating another.
It shall be an offence if any person, through any website or any other digital or electronic medium, intentionally or knowingly transmits, publishes or propagates any data information which he knows to be offensive, false or threatening to annoy, insult, humiliate or malign a person; or publishes or propagates or abets to publish or propagate any information, wholly or partly, which he knows to be propaganda or false, to affect the image or reputation of the country, or to spread confusion (Section 25).
If any person collects, sells, possesses, provides or uses the identity information of any other person without lawful authority, then such an act shall be an offence (Section 26). For purposes of this section, “identity information” denotes any external, biological or physical information or any other information which, singly or jointly, can identify a person or a system, such as name, photograph, address, date of birth, mother’s name, father’s name, signature, national identity card, birth and death registration number, fingerprint, passport number, bank account number, driving license, e-TIN number, electronic or digital signature, username, credit or debit card number, voice print, retina image, iris image, DNA profile, security related question or any other identification, which are available for advance technology.
A person shall be said to have committed the offence of cyber terrorism if s/he
(a) obstructs legal access, or makes or causes illegal access to any computer or computer network or internet network to jeopardize the integrity, security and sovereignty of the State and to create a sense of fear or panic among the public or a section of the public; or
(b) creates pollution or inserts malware in any digital device which may cause or is likely to cause death or serious injury to a person; or
(c) affects or damages the supply and service of daily commodities of the public or creates adverse effects on any critical information infrastructure; or
(d) intentionally or knowingly gains access to, or interferes with, any computer, computer network, internet network, any protected data-information or computer database, or gains access to any such protected data information or computer database which may be used against friendly relations with another foreign country or public order, or may be used for the benefit of any foreign country or any individual or any group (Section 27).
According to Section 28, if any person or group willingly or knowingly publishes or broadcasts or causes to publish or broadcast anything on any website or in any electronic format which hurts religious sentiment or values, intending to hurt or provoke religious values or sentiments, then such act shall be an offence. It shall be an offence if any person publishes or transmits any defamatory information as described in section 499 of the Bangladesh Penal Code (Act XLV of 1860) on any website or in any electronic format (Section 29).
If a person (a) makes any e-transaction through electronic and digital means from any bank, insurance or any other financial institution or any organization providing mobile financial service without legal authority; or (b) makes any e-transaction notwithstanding the Government or the Bangladesh Bank declaration that such e-transactions are illegal, such an act shall be considered an offence (Section 30). For purposes of this section, “e-transaction” signifies the deposit of money to or withdrawal from any bank, financial institution or a specific account number through digital or electronic medium or the giving of a direction or order for withdrawal, or legally authorized money transaction and transfer through any digital or electronic medium by a person for transferring his fund.
If any person intentionally publishes or transmits anything on any website or digital layout that generates enmity, hatred or hostility among different classes or communities of society, or destroys communal harmony, or creates unrest or disorder, or deteriorates or helps to deteriorate the law-and-order situation, then such act shall be an offence (Section 31). Hacking is also an offence under the Act. “Hacking” in this context means (a) to destroy, cancel or change any information of the computer data storage, or to reduce its value or efficacy or to cause harm in any way; or (b) to cause harm to any computer, server, computer network or any other electronic system by gaining access thereto without ownership or possession (Section 32).
If any person abets any offence under this Act, s/he shall be deemed to have committed the offence (Section 33) and shall be punishable with the same punishment as provided for the particular offence. It shall be an offence if any person files a suit or complaint against any other person without any just or lawful cause with the intent to injure that person (Section 33).
Where an offence under this Act is committed by a company, every owner, chief executive, director, manager, secretary, partner or any other officer or employee or representative of the company who is directly involved with the offence shall be deemed to have committed the offence unless s/he proves that the offence was committed without his knowledge or that s/he exercised all due diligence to prevent the offence (Section 35).
If any person causes financial loss to any other person using digital or electronic forgery under Section 22, digital or electronic fraud under Section 23 and identity fraud or personation under Section 24 of this Act, the Tribunal may issue an order to compensate the affected person with money equivalent to the loss caused, or such amount of money as it considers to be sufficient (Section 36). No service provider shall be liable under this Act, or rules made thereunder, for facilitating access to any data information, if he proves that the offence or breach was committed without his knowledge or that s/he exercised all due diligence to prevent the offence (Section 37).
Any offence committed under this Act shall be investigated by a police officer, referred to as the Investigation Officer (Section 38). The time limit for investigation has been set at ninety days from the date of taking charge of the investigation; however, the time limit can be extended with the permission of the controlling officer to whom the investigation officer is reportable or the Tribunal, as the case may be (Section 39). All persons, entities or service providers involved in the investigation shall keep all investigation-related information confidential; the Act permits persons, entities or service providers to provide or publish such information in the interest of the investigation (Section 46).
The investigation officer is vested with the power to (a) take into his custody any computer, computer program, computer system, computer network or any digital device, digital system, digital network or any program, data-information which has been saved on any computer or compact disc or removable drive or by any other means; (b) take necessary initiatives to collect data-information of traffic data from any person or agency; (c) take such other step as may be necessary for carrying out the purposes of this Act. In carrying out his duties, the Investigation Officer may take assistance from any specialist or any specialized organization (Section 40).
If a police officer has reasons to believe that (a) any offence has been committed or is likely to be committed under this Act; or (b) any computer, computer system, computer network, or data information related to an offence committed under this Act, or any evidence thereof has been preserved in any place or to a person, he may, for reasons of such belief to be recorded in writing, obtain a search warrant from the Tribunal or the Chief Judicial Magistrate or the Chief Metropolitan Magistrate, as the case may be. S/he may take the following steps, namely, (i) take possession of the data-information of traffic data in the possession of any service provider; (ii) create obstruction, at any stage of communication, to any telegraph or electronic communication, including recipient information and data-information of traffic data (Section 41). A police officer may act even without a warrant if he has reasons to believe that an offence under this Act has been or is being committed, or is likely to be committed in any place, or any evidence is likely to be lost, destroyed, deleted or altered or made unavailable in any way. Putting on record the reasons for his belief, s/he may undertake the following measures, namely –
(a) enter and search the place, and if obstructed, take necessary measures in accordance with the Code of Criminal Procedure;
(b) seize the computer, computer system, computer network, data information or other materials used in committing the offence or any document supportive to prove the offence;
(c) search the body of any person present in the place;
(d) arrest any person present in the place if the person is suspected to have committed or is committing an offence under this Act.
If an offence is committed under this Act, the computer, computer system, floppy disk, compact disk, tape drive or any other related computer materials or instrument through which the offence has been committed shall be liable to forfeiture according to the order passed by the Tribunal. However, if the Tribunal is satisfied that the person, under whose control or possession the computer, computer system, floppy disk, compact disk or any other computer-related material or instrument has been found, is not responsible for committing the offence, then such materials shall not be forfeited (Section 53).
If any regional or international cooperation is necessary in investigating or trial of an offence committed under this Act, provisions of the Mutual Assistance in Criminal Matters Act, 2012 (Act No IV of 2012) shall be applicable (Section 54).
Treaties Bilateral Agreement
Development Cooperation
Bilateral Agreements between the Governments of Bangladesh and the Federal Republic of Germany, 3 September 2023, Dhaka
Two bilateral agreements on Development Cooperation have been signed between Bangladesh and the Federal Republic of Germany, following up on their negotiations and commitments in December 2022. The total volume of the agreements is 191 million euros (about BDT 2215 crore), of which 55 million euros would be available for Technical Cooperation and 136 million euros for Financial Cooperation.
Bilateral Trade – Transit Facilities – Economic Relations
Bilateral Agreement between Bangladesh and Bhutan on Multi-modal Transit, 22 March 2023, Thimpu
The Governments of Bangladesh and Bhutan signed an agreement on the Movement of Traffic-in-Transit and Protocol aimed at introducing multimodal transit facilities to landlocked Bhutan and providing them access to Mongla, Payra, and Chattogram ports of Bangladesh for the movement of their imported and export-oriented goods. Bangladesh similarly granted Bhutan access to its roads, waterways, railways and airways to move goods to and from third countries. Under this agreement, Bangladesh will also be able to export goods to other countries via Bhutan’s roads. In addition to strengthening bilateral trade and commerce between the two countries, this agreement is expected to induce infrastructural development in Bangladesh, increase its revenues and benefit the private sector.
International Relations and Co-operation
Bilateral Cooperation
Bilateral Trade and Investment – Labor Reforms – Workers’ Rights – Personal Data Protection
The United States and Bangladesh Convene the 7th Bilateral Trade and Investment Cooperation Forum Agreement Council Meeting, 20 September 2023, Dhaka
The United States and Bangladesh held the 7th meeting of the United States-Bangladesh Trade and Investment Cooperation Forum Agreement (TICFA) Council in Dhaka in September 2023. Representatives of both countries engaged in discussions on issues ranging from bilateral trade relations, labor reforms, policies impacting the investment climate, digital trade, intellectual property protection and enforcement, and bilateral cooperation in the agricultural sector. Appreciating Bangladesh’s efforts at amending its labor laws, the United States encouraged Bangladesh to ensure freedom of association and collective bargaining to Bangladesh’s Special Economic Zones (SEZ s) and the Export Processing Zones (EPZ s), introduce a simplified and impartial trade union registration process, and dedicate more resources to labor inspections and enforcement. Both sides emphasized the importance of ensuring the protection of personal data and of intellectual property through law and policy reforms.
Foreign Direct Investment – Economic Growth – Market Access – Sustainable Development
Bangladesh and the United Kingdom Hold the 2nd Trade and Investment Dialogue, 19 February 2023, Dhaka
Bangladesh and the UK discussed issues of mutual interest, such as cooperation in areas including the least-developed countries’ LDC graduation,1 investment cooperation, pharmaceuticals, ease of doing business, financial sector development, higher education, taxation issues and intellectual property protection. Commending the UK’s Developing Countries Trading Scheme (DCTS), Bangladesh acknowledged its role in helping Bangladesh to integrate into the global economy and creating stronger trade and investment opportunities for it. The UK reiterated the commitments under DCTS to international conventions on labor standards and human rights, anti-corruption, climate change and the environment.
The two countries discussed possible collaboration in investment opportunities in the areas of financial and professional services, ready-made garments, private sector-led aerospace and higher education. The UK emphasized the importance of Bangladesh initiating necessary economic policies and systems to achieve rapid, sustainable and green economic development. The UK also stressed the importance of maintaining a level playing field for foreign companies interested in investing and operating in Bangladesh. Both countries recognized that the development of a conducive business environment and the removal of market access barriers would benefit both countries.
Japan-Bangladesh Joint Statement on Strategic Partnership, 26 April 2023, Tokyo
Bangladesh and Japan issued a joint statement during the Bangladesh Prime Minister’s official visit to Japan from 25th to 28th April 2023. The highlights of the statement are summarized below:
The two countries reaffirmed their commitment to realizing a free and open Indo-Pacific based on the rule of law, where the rights, freedoms and sovereignty of all countries, regardless of size, influence or power, are protected by international law, rules and norms. They recognized that the maritime order based on common values such as freedom of navigation is crucial for the stability and prosperity of the international community;
They emphasized the importance of transparent and fair development finance to achieve sustainable development and highlighted the importance of adhering to international rules and standards, such as debt sustainability and transparency. They recognized the importance of economic security, including strengthening the resilience of the supply chain, and the rules-based international economic order to resist challenges like economic coercion;
Considering the Memorandum of Cooperation and Exchanges between the defence authorities of both countries, they pledged to continue to promote security cooperation such as mutual visits by vessels and aircraft, unit-to-unit exchange, training programs and goodwill exercises, and strengthen security cooperation;
The two countries recognized that the war in Ukraine constituted a violation of international law, in particular, the UN Charter, and as such, posed a threat to the international order. They reiterated the call for a peace process through dialogue and diplomacy. Expressing deep concern over the loss of lives, they called for unhindered access to humanitarian assistance;
The two countries expressed their commitment to fully comply with the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and reiterated that any unilateral attempts to change the status quo by force or coercion that could undermine regional stability, and the rules-based international order are unacceptable. They underscored the importance of the freedom of navigation and overflight of the high seas and civil aviation safety under the principles of international law and the relevant standards and recommended practices of the International Civil Aviation Organization (ICAO);
Reiterating their commitment to realizing a world without nuclear weapons, the two countries reaffirmed that the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) is the foundation of the international nuclear disarmament and non-proliferation regime and is essential for the pursuit of nuclear disarmament and the peaceful uses of nuclear energy;
The two countries shared common concerns over international terrorism and underscored the importance of dismantling terrorist networks and financing channels and halting the cross-border movement of terrorists.
Official Statements
Cyber Security – Protection of Critical Infra-structure – Trusteeship Council – International Cooperation
Statement by Bangladesh at the United Security Council Arria-Formula Meeting on the Responsibility and Responsiveness of States to Cyberattacks on Critical Infrastructure, Trusteeship Council on 25 May 2023
Referring to the 2023 Global Cybersecurity Outlook report, Bangladesh recognized the emerging risks to cybersecurity that are likely to be exacerbated by emerging technologies like artificial intelligence. It pointed out a projection which estimated that by 2025, cybercrime will cost the global economy a staggering $10.5 trillion annually and underscored the critical nature of the issue. Bangladesh emphasized a coordinated and enhanced response to cybercrimes, where the Trusteeship Council can help in countering this challenge by promoting international norms, fostering trust between states, and facilitating dialogue and cooperation to prevent conflicts arising from malicious use of ICT. Bangladesh observed that cyberattacks on critical infrastructure require a collaborative approach involving states, public and private entities, and international organizations. This demands a new social contract for the digital age that redefines the relationship between public and private sectors and establishes new obligations, with the private sector firms prioritizing security and resilience in their hardware manufacturing and software development, and the government providing the necessary support.
While reiterating the applicability of international law, including the UN Charter, to maintain peace, stability, and an open, secure, stable, accessible, and peaceful ICT environment, Bangladesh recognized the existing legal gaps, such as the attribution of cyberattacks, the threshold of State responsibility, and the use of force in cyberspace. In this context, it called to the Council to complement the work of the Group of Governmental Experts (GGE s) and Open-Ended Working Group (OEWG) on ICT by enhancing understanding of international law in cyberspace.
Bangladesh called for closing the Skill Gap through collective action, particularly in the Global South. This includes enhancing digital literacy, technical skills, promoting cybersecurity education, and fostering international cooperation. It stressed that the Council could promote confidence-building measures and effective information sharing to mitigate cyber threats.
It concluded by seeking strong international cooperation, harnessing digital technology, and upholding international law for a safer and more resilient digital world.
Global Crises – Pandemic – War – Inequality – Inclusive Development – SDG s – Technology Transfer
Statement by Bangladesh at the Eighth Multi-stakeholder Forum on Science, Technology, and Innovation for the Sustainable Development Goals (Theme: Science, Technology, and Innovation for Building Back Better from COVID-19 While Advancing the Full Implementation of the 2030 Agenda for Sustainable Development at All Levels), New York, 03 May 2023
Bangladesh recognized that achieving sustainable development goals has become increasingly difficult in the fast-evolving global context affected by crises like the Covid-19 pandemic, the Ukraine war, the existing climate crisis and growing inequality – all of which underline the need for a long-term focus on resilient, sustainable and inclusive development. It recalled how digital technologies played a critical role in mitigating the impacts of different crises but pointed out that they also deepened inequalities and exclusion across and within countries and regions. Bangladesh stressed that many developing countries, especially the LDC s, paid a high cost of exclusion, failing to access or use these technologies; they became mainly users and data providers rather than participating productively in the global digital value chains. Bangladesh acknowledged that science, technology and innovation were fundamental to sustainable industrial transformation and economic growth. Unfortunately, developing countries, particularly the LDC s, face many barriers in harnessing technology to drive innovation because they lack the resources to transform their traditional labor-intensive economies into modern, high-tech, technology-driven ones, facilitated by high investment in R&D.
Bangladesh stated that technological divides between the developed and the developing countries must be addressed through international cooperation. Developing countries must be given access to various new technologies to compete in and benefit from the increasingly complex technological landscape. Effective channels for technology transfer, particularly those related to sustainable development, green and low-carbon technologies, capacity-building, and assistance in research and development, are of paramount importance. It recognized that the new AI and data-driven frontier technologies hold enormous economic potential, but the global South countries would need investments in digital infrastructure, affordable internet access, and digital skills development to benefit from them. In this regard, Bangladesh asked for more efforts and policy interventions at the national and international levels to harness these technologies and mobilize the financing and capacity-building required for an equitable digital economic transformation. Bangladesh also observed that the world needs to use scientific innovation and technological intervention to address the climate crisis and other environmental challenges. Hence, transitioning to green technologies is key to offsetting carbon emissions, limiting the scale of climate change and mitigating already-occurring impacts. Bangladesh emphasized that tech providers and businesses have responsibilities for minimizing the negative environmental impacts of digital infrastructure, devices and services, to “green the Internet” and new technologies in the future.
Bangladesh concluded by highlighting the vital role of the South-South and Triangular Cooperation in facilitating access to technology and equitable distribution of the benefits of a digital transformation as many technological innovations are now taking place in the global South nations. Recognizing the benefits reaped by many of these countries by harnessing science and technology to spur economic growth and sustainability, Bangladesh proposed that the exchange of knowledge, experiences and best practices through effective South-South and Triangular cooperation can help find innovative technological solutions to advance sustainable development.
International Economic Law
Intellectual Property (WIPO) Paris Convention for the Protection of Industrial Property – Locarno Agreement
Bangladesh Industrial Designs Act (Law No. 22 of 2023)
With the necessity to make amendments on industrial design matters, this law has been enacted to repeal the Patents and Designs Act of 1911 (Act No II of 1911). The Act defines industrial design as the aesthetic visibility of the characteristic shape, line, color, graphical user interface, calligraphy, etc., of any manufactured product (Section 2).
Section 3 provides for establishing a Directorate, led by a Director General appointed by the government. Without prejudice to the generality of the Directorate, this Act, the Trademarks Act, 2009 (Act No. 19 of 2009), the Geographical Indication Products (Registration and Protection) Act, 2013 (Act No. 54 of 2013) and the Bangladesh Patents Act, 2022 (Act No. 5 of the year), the Directorate shall have the following four units, namely –
(a) Industrial Design Unit;
(b) Trademarks Unit;
(c) Geographical Indication Unit; and
(d) Patent Unit.
The Act also spells out the industrial designs that shall not enjoy any protection under this Act, namely –
(a) any industrial design, in which only technical or practical aspects have been considered;
(b) any industrial design, the commercial use of which is contrary to public order, environment and morality;
(c) any unregistered industrial design; and
(d) any design consisting of national emblems (Section 4).
Section 5 of the Act states that an industrial design shall be registrable under this Act – (1) if it is novelty, distinctive and industrially producible or usable; (2) if it contains any words, letters, trademarks, numbers, etc. subject to the submission of a non-claim letter by the applicant. According to this section, an industrial design shall be deemed to be new if – (a) before the date of filing of the application or, as the case may be, before the priority date of filing of the application for registration, it has not been disclosed to the public by publication, exhibition, trade or any other use in a visible form in Bangladesh or anywhere in the world; (b) the design affixed to any part of the composition of the composite product is visible during normal use. For purposes of this law, “composite product” means a product of which each part can be manufactured and sold separately and which, when combined, forms a complete product.
Section 6 of the Act lays down that the right to register an industrial design shall belong to the owner or designer of the said design. If two or more persons jointly create an industrial design, such persons shall be entitled to joint registration thereof. The right to register an industrial design is assignable and can be inherited or transferred. Where an industrial design is created by a person employed under an agreement executed to create one or more designs, the employer shall have the right to register the same, unless the agreement expressly provides otherwise.
To register any industrial design, a person or his legal representative shall apply to the Director General in the prescribed form, subject to payment of a fee, along with the following documents –
(a) a photocopy of the design, but if the design is embodied in a two-dimensional object, a sample of the object instead of a photocopy;
(b) If the applicant is not the designer himself, a statement containing the justification on behalf of the applicant for obtaining the registration of the said industrial design; and
(c) other documents as prescribed.
An application shall be made separately for each industrial design specifying the international class of goods related to the similar industrial design as per this Act and the Rules. If an applicant claims to be a joint designer of an industrial design, he may apply to the Director General in the prescribed manner to add him as a joint designer or, as the case may be, a co-participant in the registration of the said industrial design. An applicant may, at any time, apply for amendment or modification of the application so filed without altering or adding to the original design under consideration. An applicant may at any time during the pendency of the application withdraw their application in the prescribed manner (Section 7).
According to Section 11, the Director General or the officer so authorized shall examine any application for registration of industrial design filed under this Act. At the time of examination of an application for registration of an industrial design, the following matters shall be ascertained – whether the said application for registration has been duly filed in compliance with the provisions of the Act; whether the industrial design for which registration is sought is new, distinctive and industrially producible or usable in accordance with the provisions of this Act. In case of deviation from any of these requirements, the Director General shall inform the applicant and ask for an explanation. The applicant must respond within two months from the date on which the notice of explanation was served. The Director General may, for reasonable cause, extend the said period by one month. If the applicant does not provide an explanation on the said matter within the prescribed period, the application shall be deemed to have been withdrawn.
Section 13 of the Act lays down the rights that accrue upon registration of an industrial design. The owner of an industrial design shall have the right to prevent the use of their registered industrial design by any other person. For the purposes of this section – (a) a registered industrial design shall be deemed to have been used if it has been incorporated into any product; (b) Where an industrial design is registered only for such part of a product, which is an essential and integral part of the product, the said industrial design shall be treated as the overall visibility of the integrated product.
However, these rights are not absolute and are subject to certain limitations. The rights in industrial design registration shall not be protected in the following cases, namely –
(a) the use of any industrial design in any part of any aircraft, land craft or watercraft which has temporarily or accidentally entered the geographical limits of Bangladesh or any parts or accessories imported for the repair of such aircraft, land craft or watercraft;
(b) activities performed on a personal basis and for non-commercial purposes;
(c) activities carried out for educational or research purposes in educational or research institutions;
(d) works carried out for experimental purposes in respect of any industrial design; and
(e) reproduction of any particular part of an industrial design, which is governed only by practical or technical considerations or which is necessary for the fulfilment of technical purposes.
According to the Paris Convention, if an applicant or proprietor has previously applied for the same industrial design in a country covered by the Paris Convention, he can claim the date mentioned in the said application as the priority date. Section 8 of the Act provides that the period of priority shall be 6 (six) months, and the said period shall be calculated as per the provisions of Article 4 of the Paris Convention. An application filed in Bangladesh before the expiry of the said period shall not be invalidated by any act done within that period, and no right of a third party shall arise as a result of the filing of any other application, disclosure of the invention, use or any such act. If any application filed under this section contains a declaration of priority claim, the applicant concerned shall file with the said application within the prescribed period a copy of the application certified by the authority of the country in which the previous application was filed and the date of filing of the application on the said certified copy.
Subject to the prescribed procedure and payment of fees, any person may apply to the Director General for cancellation of the registration of any industrial design for the following reasons: (a) the said industrial design is not an industrial design as defined in this Act; (b) the design is not new, distinctive and industrially producible or usable within the meaning of this Act; and industrial designs that are not protected under this Act. An application for cancellation of an industrial design registration may be filed within two years from the date of the grant of such registration. If any industrial design registered under this Act is cancelled, it shall be deemed to have been cancelled from the date of grant of registration and not to have been registered at all (Section 16).
Section 19 mentions the change or acquisition of ownership. Any person may apply to the Director General in writing for a change of ownership or appropriation of industrial design registration, subject to the prescribed procedure and payment of fees. No industrial design registration under this Act shall create any third-party right until an application for change of ownership or appropriation is recorded.
The law allows the proprietor of a registered industrial design to grant a license to any third party to use such registered industrial design by a written agreement to that effect (Section 20). For registration of any license agreement, the applicant shall submit the following documents with the application: (a) a copy of the license agreement showing the parties and any rights being licensed, certified by the relevant government authority; or (b) a certified statement of the license signed by the registered proprietor and the licensee.
Any interested party may request the Director General to register a license in respect of any registered industrial design, and no license shall create any rights of the third party until so registered. If any partner of the license to be recorded is not a party to the license agreement, the said license shall not be recorded unless the said partner consents to the said license in a document signed and submitted to the Director General. If the registration of any industrial design is cancelled under this Act, the license to use the industrial design shall cease to be in force and any payments made under the said license agreement shall be recoverable by the parties, in whole or in part, unless the payer in good faith benefits from using the said license (Section 20).
If a person, despite not being the owner or licensee of a registered industrial design, uses such an industrial design in his business, he shall be deemed to have infringed the registered industrial design, if it –
(a) is identical to the registered industrial design, and the product in which it is used is similar to the registered industrial design;
(b) is similar to the registered industrial design, and the goods or services in which it is used are identical to the registered industrial design; or
(c) is identical with the registered industrial design, and the product in which it is used is identical with the registered industrial design and is likely to confuse the public or create a false impression that the similar industrial design is related to the registered industrial design (Section 21).
The law provides both administrative and judicial measures to compensate for infringement of an industrial design. Section 22 states that if any person infringes an industrial design, the proprietor may apply to the Director General for administrative compensation against such an infringing person by paying the prescribed form, procedure and fee.
If the Director General, after examining the application, is satisfied that there has been an infringement of the industrial design, he shall, after giving the person concerned a reasonable opportunity of being heard, order administrative compensation against the violator and may also, if deemed appropriate, order the confiscation of the concerned product or materials, materials, etc. If the compensation is not paid within the prescribed period, the concerned owner can file a case against the industrial design infringer in a court of competent jurisdiction. The court may pass the following orders in cases of infringement of industrial designs – (a) prohibitory injunction;(b) payment of compensation; or (c) any other remedy granted (Section 23). Courts may issue interim injunctions or temporary injunctions under the Code of Civil Procedure to prevent infringement of industrial designs if a suit is filed by the proprietor of an industrial design (Section 24).
If any person fails to comply with any order made under this Act, the Court may levy compensation or make such other order as it deems fit. If any person knowingly or having reasonable cause to know infringes any industrial design registered under this Act, the Court shall order compensation of a sum of not less than Taka 0.1 million or the amount of loss suffered by the person of not more than Taka 1 million (Section 25). To prevent repeated infringements of the industrial design, the court may order the seizure or destruction of the goods in which the industrial design has been used or the raw materials or products with which the counterfeit industrial designs have been prepared (Section 26).
Intellectual Property – Bern Convention – TRIPS – Marrakech Treaty
Copyright Act, 2023 (Law No. 34 of 2023)
The Act repeals the Copyright Act of 2000 (amended in 2005), ushering in significant changes, like the incorporation of the liberal version of the ‘fair use’ provision (Sections 70, 73). Section 2 of the Act offers a comprehensive list of definitions related to copyright. The new law widens copyright protection to include literature, drama or music, folk knowledge and folk culture; films, information and communication technology (ICT)-based digital work, sound recording and artistic works (Section 14). It also provides new definitions for anonymous or owner of pseudonymous work, database, public domain, monogram, producer, person, editor, and property rights (Section 2). Recognizing the need to protect folk culture, folk music and songs, the Act dedicates extensive provisions to the preservation and protection of these traditions (Sections 34–37). Section 2(42) of the Act includes the term “innocent commercial use”, as opposed to unreasonable commercial use of copyrighted works, which prejudices the interests of the owner.
Sections 7–13 deal with operational/administrative matters, e.g., the copyright office, the registrar and the copyright board, and their role and functions. The copyright office performs specific tasks, including issuing copyright registration and certifying, licensing of translation, stopping the import of illegal copies of any intellectual products, conserving folk culture, advising the government about copyrights and providing incentives to the original artists. The Act provides for the appointment of additional copyright registrars. The copyright board is empowered to address copyright-related grievances (Section 18).
Sections 15–21 cover ownership rights. The law explicitly states that the innovator or creator will be the original owner of the copyright of his/her work and goes on to illustrate the application of this right in respect of literature, drama, photography, art, engraving, film, public speech or statement, etc. Pursuant to this Act, upon the death of the creator, copyright ownership of manuscripts will pass to the rightful heir mentioned in the will or codicil (Section 19). A creator or innovator can surrender ownership of the copyright of his/her work by informing the copyright office in due process (Section 20). Copyright ownership in case of literature, drama, music or artistic works (except photography) shall remain in force throughout the lifetime of the creator and will remain in force for 60 years after his/her death (Section 22(1)). Copyright ownership in the case of films, photography, sound recordings, and digital works using ICT shall remain in force for 60 years from the date of its publication/release (Sections 23–26). Every broadcasting organization shall have the right to reproduce legally produced broadcast material, and this right shall subsist for 25 years from the date it was first produced (Section 30).
The Act provides stricter punishment for the infringement of copyright, which includes both fines and imprisonment in Sections 84–107. Offences such as publishing, serving, or performing someone else’s content or work can result in a fine of Tk500,000. In the case of infringement of film copyrights, the penalty has been set at Tk1 million and a maximum of five years’ imprisonment.
Intellectual Property – WTO – TRIP s
Bangladesh Patent Act 2023 (Law No. 53 of 2023)
The Act repeals the Patent Act of 2022. Aimed at strengthening the rights and responsibilities of patent holders and striking a balance between the protection of patent rights and addressing public interest, the new Act shifts administrative power from the Office of the Registrar to the Director General of the Department of Patents, Industrial Designs, and Trademarks to streamline decision-making processes. It grants certain powers to the Director General like those of civil courts, thereby boosting the efficiency of the patent system (Section 56). It establishes a clear court structure, with District Courts handling patent cases and the High Court Division addressing appeals. The Act excludes some matters from the ambit of patent protection, for instance, invention, scientific theories and mathematical procedures; treatment of humans or animals through surgery or therapy; any invention that is frivolous or any process that contradicts established natural laws; any invention, the primary/potential/commercial use of which erodes public discipline or integrity or which is harmful to the health of people, animals, plants or environment, etc. (Section 6).
The Act offers a comprehensive list of various reliefs that the District Court may grant to patent holders in the event of infringement of patent rights. Section 25 of the Act provides holders with two-fold rights – first, when the subject matter of the patent is a product, the right to prevent the manufacture, use, proposal to sell, sale or importation to Bangladesh with similar intentions, a product without the consent of the patent holder, and second, when the subject matter of the patent is any process, the right to prevent the application and use, proposal to sell, sale or import of the process with similar intentions by a third party without the permission of the owner. Patent infringement occurs when these rights are violated (Section 44(1)). The Act prescribes several actions in the event of a patent infringement, for example, invoking the grounds of revocation (Section 33), withdrawing the patent in public interest (Section 34) and filing a suit (Section 44). A concerned individual can move the court seeking cancellation of the patent (Section 32). The Act outlines certain exemptions to patent rights (Section 62), that is, patent rights will not apply to work done for personal or non-commercial purposes, and purposes of education, testing or research; the use of the patented product or process in good faith before the filing of the patent application; any work conducted in a pharmacy or treatment by a physician as per medical guidelines or any drug manufacturing or treatment-related work for personal purposes; and, temporary use of a patented invention in foreign ships, aircraft, or land vehicles while they are in Bangladesh.
The Act provides both civil and criminal remedies for patent infringements. It empowers the court to grant interim or temporary injunctions to restrain activities that violate the rights of the patent holder (Section 47(3)). The court is also empowered to award damages in the form of financial compensation (Section 49(1)). The court has full discretion to determine the amount by considering factors, such as the date of registration of the patent, availability of the patent, and adverse effects on the local Industry (Section 49[2]). Criminal remedies include prosecution (Section 44(1) and penalties (Section 54) for various offences related to patent infringement, including making false entries in registers, falsely representing patented products, and unauthorized use of certain expressions related to patent authorities. Offenders may be liable to pay fines as specified by the Act.
A patent will remain valid for 20 years from the date of submission of the patent application or the right of priority, as the case may be (Section 28). The law empowers the government to issue a compulsory license during a state of emergency or for official purposes (Section 39). It offers flexibility to patent holders by waiving the obligation to apply for renewal five years before the expiry date. It sets a three-month fixed period for the annual fee payment with no extension possibilities, which serves as a reference point for patent holders to fulfil their financial obligations within the prescribed time.
While primarily focused on regulating patent rights within the country, the provisions of the Act recognize the importance of international norms and practices in patent enforcement. For instance, patented products introduced by any person into the market of any country are eligible for parallel importation (Section 60(1)). Resonating with the international practice of exhausting patent rights upon the first sale of a patented product, this provision potentially facilitates trade and efficient market access. Moreover, this provision simultaneously acknowledges the validity of foreign patents, respects the rights of patent holders in those jurisdictions (Section 60(2)), and recognizes patents as territorial rights granted by individual countries.
International and Regional Trade Treaties and Bodies
Transparency and Fairness in Public Procurement – UNCITRAL – WTO Government Procurement Agreement (GPA)
Bangladesh Public Procurement Authority Act, 2023 (Law No. 32 of 2023)
This Act was enacted to ensure increased transparency, accountability and efficiency in public procurement and to enable a level playing field for all parties interested in competing in the bidding process. The Act also aims to strengthen professionalism in the regulation and management of government procurement processes.
The law converted the Central Procurement Technical Unit (CPTU) into the Public Procurement Authority (PPA) to regulate government purchase processes, to ensure that all government procurement laws are followed, and to take responsibility for inspections, adjustments, management and supervision. A legal entity, the authority can sue and may be used in its name (Section 4). Located in the capital, Dhaka, the functions and administration of the PPA are vested in the Regulatory Board, consisting of 10 members and headed by the Minister for Planning (Section 7) as Chairman of the Board. The Regulatory Board shall meet at least four times a year, and decisions shall be reached based on majority votes, with the Chairman having the casting vote (Section 8). The PPA will have a Chief Executive Officer (CEO), reportable to the Regulatory Board (Section 10).
Section 9 of the Act spells out the duties and functions of the PPA. They include but are not limited to – developing policies, rules and laws for government procurement; introducing necessary amendments to existing regulations; ensuring execution of government procurement-related laws; monitoring compliance with procurement laws; efficient coordination, management and supervision; developing professionalism in government procurement entities; ensure sustainable and easy procurement for the best possible use of public funds, etc.
World Trade Organization – International Trade – Export Diversification – Consumer Welfare – Transparency
National Tariff Policy 2023
Bangladesh has formulated its first tariff policy, with the objective of “achieving sustainable economic growth, including increasing the competitiveness of domestic industries, expanding and diversifying exports, encouraging investment and creating employment through trade liberalization and tariff structure rationalization” [clause 5.1]. The policy aims at achieving the targets set in Vision Plan 2041 and the 8th Five Year Plan; addressing post-transition challenges from LDC s; expanding and diversifying exports by reducing anti-export bias; rationalizing Tariff Structure; encouraging domestic and foreign investment by ensuring Predictable Tariff Regime; increasing employment; enhancing Bangladesh’s participation in global and regional value chains; addressing the challenges of external shocks on the economy; and, reducing disparities in prices of products in the local market and to promote consumer welfare by reducing the burden of excessive protection [clause 5.2].
The policy is a step towards Bangladesh’s attempt to diversify exports, attract foreign investment, sign free trade agreements, and enhance economic progress. Some of the key considerations that the policy addresses include, inter alia,
Duties and taxes imposed on imports are to be aligned with the rate that Bangladesh committed to the World Trade Organization;
Greater transparency should be brought into the customs system by maintaining the same duty and tax rates for similar products;
Tariffs imposed on imports are to be reduced gradually to a reasonable level for the welfare of the consumer;
User-specific tariff concessions should be avoided;
To encourage competitiveness in the domestic industry, the duty protection rate should be reduced step by step;
Supplementary duties and value-added tax should be converted into ‘trade-neutral taxes’;
Regulatory duty is to be levied only in exigent circumstances;
Measures relating to anti-dumping duties, countervailing duties, and safeguard duties on imported items should be taken;
The Minimum Import Value system should be abolished in line with the World Trade Organization;
The bond facility system is provided for hundred per cent export-oriented industries, and disguised exporters should be made more transparent and simplified;
The Duty Drawback scheme for exports is to be made transparent and simplified to refund all duties and taxes paid on raw materials [clause 6].
The National Board of Revenue has been tasked to develop an action plan to harmonize the country’s tariff regime in line with policy requirements [clause 7.1]. There shall be a sixteen-member Monitoring and Review Committee to be headed by the Minister, Ministry of Commerce, which will meet biannually [clause 7.2]. The Committee shall be empowered to (a) supervise the implementation of the tariff policy as per the action plan; (b) review the progress of implementation of recommendations related to industrial defense by the Bangladesh Trade and Tariff Commission; (c) provide necessary advice for the implementation of the tariff policy; and (d) undertake necessary revisions [clause 7.2.2].
Official Statements
Development Financing – SDG s – Debt Distress – Domestic Resource Mobilization – Reform of the International Financial Architecture
Statement by Bangladesh at the Second Committee General Discussion on Agenda Items 16 and 17 on Macroeconomic Policy Question: Follow-up to and Implementation of the Outcomes of the International Conferences on Financing for Development, 05 October 2023, New York
Bangladesh maintained that its economy grew by 8.15% just before the pandemic, after which a series of crises jolted its growth trajectory and put its economy under stress. It shared how it negotiated a loan package of 4.7 billion dollars with the IMF to curb inflation, manage the balance of payment, and maintain its development expenditures. Referring to discussions on how developing countries could access finance to address the multi-dimensional issues facing developing economies, Bangladesh expressed its concern that the resources available barely aligned with the SDG s, nor were they being channeled at the scale and speed necessary to achieve the SDG s. It stressed that international public finances were often costly and out of reach of developing countries that needed them the most. Bangladesh maintained that the focus should be on finding ways to divert the available resources for achieving the SDG s. In this connection, Bangladesh highlighted a few points:
First, realign priorities of multilateral development banks (MDB s), international financial institutions (IFI s), and private lending agencies to mobilize additional funds for SDG implementation and climate action;
Second, attach highest priority to delivering concessional resources to developing countries, in particular the LDC s, climate and debt-vulnerable countries, for a longer term and preferably in a higher quantity of grants;
Third, have in place disaster clauses in all lending instruments to allow vulnerable countries to absorb shocks during crises;
Fourth, prioritize fair and effective debt relief measures based on coordination and transparency among creditors;
Fifth, fix SDR borrowing limits based on needs and vulnerability, instead of quota, supported by easy lending processes;
Sixth, review the global credit rating system as the current rating system further restricts access to funds for many low- and middle-income countries. The limits on their voting rights, quotas, and representation in MDB s and IFI s also undermine their bargaining power;
Seventh, ensure that official development assistance (ODA) and climate funds commitments made by development partners are met. Currently, ODA accounts for only 0.09 % of developed countries’ GNI, far below the 0.20% for LDC-specific targets. The promised $100 billion climate funds must also be fully delivered, providing climate-vulnerable countries with much-needed funds for adaptation and mitigation.
In conclusion, Bangladesh stated that the international financial architecture must be inclusive and representative of the Global South. Development narratives from countries like Bangladesh demonstrate that they can do their part, and it is high time the international financial system responded to their expectations.
International Environmental Law
Official Statements
Paris Agreement – Climate Finance Governance – Loss and Damage – Energy Transition – Territorial Sovereignty
Joint Statement by Bangladesh and France, 11 September 2023, Dhaka
President Emmanuel Macron paid a bilateral visit to Bangladesh from 10–11 September 2023. The President of France and the Prime Minister of Bangladesh met to reiterate the deep-seated friendship between the two countries based on shared democratic values, the promotion of human rights, sustaining peace and sustainable development. Some of the key issues that featured in the joint statement include –
Swift implementation of the Paris Pact for People and the Planet and the mobilization of additional financing from all sources for development, climate and biodiversity. Both countries recognize the need for more inclusive governance of global financing architecture;
Accelerate global efforts to facilitate access to climate finance for developing countries and assist developing countries vulnerable to the adverse effects of climate change in responding to loss and damage;
Accelerate the global energy transition away from fossil fuels to meet the targets for renewable energy production and energy efficiency around the world;
Strengthen mutual cooperation in sustainable and resilient food and agriculture systems to support food security;
Joint ventures in leveraging marine resources in the Bay of Bengal in a sustainable manner;
Expand bilateral trade and explore potential for investment in quality and resilient infrastructure development in Bangladesh, including in the railway sector;
Shared growth and inclusive development through economic partnership, spanning every sector from industry to services, and expansion of business-to-business collaboration;
Joint efforts towards efficient management of cybersecurity issues for a global, open and secure cyberspace governed by international law;
Strengthening scientific, technological and research cooperation and encouraging academic exchange.
Both countries reaffirmed their unwavering commitment to upholding international law and the UN Charter, notably the principle of peaceful resolution of conflicts, and territorial sovereignty. Both countries condemned unconstitutional change of government and unlawful military takeover in any country and called for urgent and unimpeded humanitarian assistance for those displaced by conflicts, violence and atrocity crimes.
Climate Change – Sea Level Rise – Forced Displacement – Adaption and Mitigation
Statement by Bangladesh at the Security Council Open Debate on Threats to International Peace and Security – Sea-Level Rise: Implications for International Peace and Security, 14 February 2023, UN Security Council Chamber of the United Nations Headquarters, New York
Bangladesh stated that the rise in sea levels is a risk multiplier affecting human security, creating new risks or exacerbating existing ones by undermining food, energy and water security and even causing the loss of national territory. It also causes forced displacement, triggering challenges in population management, housing and social security architecture in the affected regions. Bangladesh stressed the need for a concrete legal framework and effective response mechanisms to address the issue of forced displacement. As one of the countries that is vulnerable to the effects of climate change, Bangladesh contended that comprehensive national policies and strategies would have an impact if the global response to sea level rise and its diverse implications remains slow and inadequate. It maintained that a broad understanding and recognition of the implications of the sea-level rise is critical for taking appropriate action at the national, regional and global levels. Bangladesh urged that these risks and vulnerabilities must be addressed holistically, including through measures that contribute to mitigation and adaptation. In this regard, climate finance, technology transfer and capacity building are crucial. Bangladesh urged developed countries to fulfil their commitments to strengthen support for vulnerable countries.
Human Rights
Protection under International and Domestic Law
Women’s Rights – Children’s Rights – Access to Justice
Family Courts Act, 2023 (Law No. 26 of 2023)
The Family Courts Act (FCA) repeals the long-standing Family Courts Ordinance of 1985 and, among other things, establishes family appellate courts consisting of one district judge in each court to hear appeals from family courts. The Act will apply to the whole of Bangladesh except Rangamati, Bandarban and Khagrachari Hill districts – areas primarily hosting minority indigenous communities. The law does not define family or family matters; it only determines the jurisdiction of the court in divorce, dower, maintenance, restitution of conjugal rights, and guardianship and custody matters (Section 5). Issues arising from the formation of marriage, inheritance, will, hiba (gift), maintenance of parents, adoption, etc., cannot be brought before the court.
While many of the provisions of the 1985 Ordinance have been retained in the new law, two significant changes have been brought by the Act related to the Family Courts’ procedures, such as increasing the court fee of family court cases and augmenting the definition of the family appellate court. Section 25 of the FCA has increased the family court case fee from BDT 25 to BDT 200. The new law allows appeals against the decree of Family Trial Courts to the Courts of District Judges, including to any courts of other judges equivalent to district judges, e.g., Women and Children or Labor Courts, which is expected to help reduce the burden of cases. The FCA permits to adduce of witness evidence in the court through an affidavit without being present at the trial (Section 13(6)). Previously, according to Section 17(2) (b) of the 1985 Ordinance, no appeal shall be made from a decree passed by a Family Trial Court for a dower not exceeding BDT 5000. The FCA has repealed the said provision of the 1085 Ordinance and increased the dower amount to not exceeding BDT 50000 for appeal purposes. Although appeals against the judgments of the Family Courts could only be brought to the Court of District Judges as per the previous law, the new law has provisions of appeal to the District Judge Court as well as the courts of other judges equivalent to the district judges, i.e., women and children or labor courts. It has been updated to reduce the increased pressure by the provision of an appeal in the previous law for the district judge to hear the appeals.
Democratic Governance – Right to Vote – Right to Participate in Public Affairs – Rule of Law – ICCPR – UNCAC
Representation of the People (Amendment) Act 2023 (Law No. 17 of 2023)
This Act has brought major amendments to the 1972 Representation of the People Order (President’s Order No. 155) (RPO). The new law, which replaces the contents of Article 25 of the earlier RPO, states that if at any stage of polling, the Presiding Officer finds that (a) the poll is so interrupted or obstructed for reasons beyond his/her control of the Presiding Officer that it cannot be resumed during the polling hours prescribed by this law; or (b) any ballot box used at the polling station is unlawfully and forcibly taken out of the custody of the Presiding Officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered to the extent that the poll results cannot be properly; or (c) a person or persons legally or illegally entering the polling station, prevents the Presiding Officer or other polling officers from performing their electoral duties by exerting physical force or displaying arms, s/he shall stop the poll immediately, and seek assistance from the nearest law enforcing agencies. On receiving such information, members of the law enforcement agencies shall remove and arrest the concerned person/s instantly and restore law and order inside the polling station. If they fail to do so, the Presiding Officer shall stop the poll and leave the polling station with all his officers and report the matter to the Returning Officer, who will immediately report the circumstances to the Election Commission. In the circumstances, the Election Commission shall direct a fresh poll at that polling station, unless it is satisfied that the result of the election has been determined based on the results of the polling at other polling stations in the same constituency. All electors shall be entitled to vote in the fresh poll, and the votes cast in the poll that was stopped shall not be counted.
The new law has added a new section (Section 84A) to supplement Section 84 of the earlier RPO. According to the new provision, if a person, by threat, intimidation, hurt or otherwise by application of force, obstructs or tries to obstruct any person from performing duties in connection with any election under this law, or obstructs or tries to obstruct any media representative or observer authorized by the Election Commission in connection with any election, and/or does any harm to his body or damage to his equipment related to performance of duty or prevents or tries to prevent any voter from going to polling station to cast vote or any candidate from submitting nomination paper, or compels or tries to compel any candidate to withdraw nomination paper, shall be guilty of an offence and shall be punishable with rigorous imprisonment for a term which may extend to seven years, but not less than two years, and also with fine.
The new law has replaced the term “election” with “polling” as per the new Section 91, which states that the Election Commission may withhold the result of any polling station/s if it is convinced that the result of such polling station/s was grossly prejudiced by malpractices including coercion, intimidation, manipulation or otherwise. After a prompt inquiry in an appropriate manner, it shall direct publication of the result of the polling station/s or cancel the polling with a direction for holding a fresh poll in such polling/s stations, as may seem just and appropriate.
Rights of PWD s – Non-Discrimination – Inclusion – Affirmative Action
National Foundation for the Development of Persons with Disability Act 2023 (Act No. 44 of 2023)
The Act establishes a Foundation for the development of persons with disability (PWD) (Section 3). Section 3 of the law empowers the Foundation to undertake several activities aimed at helping persons with disability on various fronts. Some of these activities include but are not limited to – ensuring the rights and safeguarding PWD s as prescribed by the Rights and Safeguarding of Persons with Disability Act 2013; facilitating employment, grants and loans for PWD s; offering financial and administrative assistance to PWD s; providing technical assistance and cooperation to government and non-government initiatives for the care and development of PWD s; providing opportunities for therapy and rehabilitation of PWD s; taking necessary steps to ensure the rights, dignity, welfare, protection and quality of life of PWD s; taking initiatives to increase awareness about the special needs of PWD s and incorporating the same in educational curricula at all levels; ensuring the inclusion of PWD issues in media and communications to facilitate their artistic and cultural development; ensuring safe access to all places; providing caregiver services to PWD s, etc. The work of the Foundation will be guided by an Executive Board headed by the Secretary of the Ministry of Social Welfare (Section 7).
Migrant Workers – Accountability in Recruitment Process – Workplace Safety – International Convention on the Protection of All Migrant Workers and Members of Their Families
Overseas Employment and Migrants (Amendment) Act 2023 (Law No. 41 of 2023)
This law amends the Overseas Employment and Migrants (Amendment) Act 2013 by ushering in a new category of personnel to safeguard the interests of aspiring migrant workers who are often exploited by unscrupulous intermediaries. The amendment aims to bring intermediaries within the accountability framework by engaging “sub-agents” or “representatives”, who are registered persons who collect migrant workers for overseas employment as per the recruiting agent’s requirement (Section 2). Under this law, every recruiting agent would be able to appoint a person registered as a sub-agent in the due process determined by rules. S/he would discharge his/her role and responsibility according to the rules [Section 4]. Section 5 adds the words “migrant workers’ duties” along with their rights.
Section 7 of the new Act replaces Section 30 of the earlier law. Section 30 now states that the government will, if necessary, take steps to ensure easy access to bank loans, tax exemptions, savings investments, stipends, financial assistance, skills training, and reintegration for the benefit of migrant workers and members of their families. The government may take necessary financial and protective measures to safeguard the rights, dignity, and physical integrity at every stage migration process and in destination countries. Section 8 of the law adds a new Section 30A, which provides that every migrant worker will receive requisite training and migrate legally and will not engage in illegal activities in the destination country. Every migrant worker will be bound to provide all requisite information for the preparation of necessary documents in support of his/her travel and employment abroad.
Section 10 adds a new Section 33A which states that if any recruiting agent continues to engage in recruitment or related work after his/her license has been withdrawn or cancelled, s/he will be liable for a minimum of one year but not more than two years’ imprisonment, and a minimum of BDT 10,000 but not more than BDT 500,000 fine. Section 11 of the new Act replaces the contents of Section 35 of the earlier Act, which prescribes both imprisonment terms and fines for violating the provisions. Section 35 now provides that if any recruiting agent continues his/her business in violation of the provisions of this Act, or without employing a registered sub-agent, s/he shall be punishable with both imprisonment and fines.
Environment – Pollution – Right to Life
Environmental Conservation Rules 2023, SRO NO. 53/LAW/2023 Dated 5 March 2023 Issued by the Ministry of Environment and Forests
Under Section 20 of the Bangladesh Environment Conservation Act of 1995, the Government passed the Bangladesh Environment Conservation Rules (2023) in a bid to reduce environmental pollution. According to Rule 3, any person affected or likely to be affected by environmental pollution may apply for redress to the Director General (DG) of the Directorate of Environment. The DG shall address the matter within 30 working days of receiving the application at a public hearing unless he considers it necessary to extend the time limit. The owner, occupier or agent of the factory, premise or place shall be duly notified by the officer authorized by the DG to collect samples of air, water, soil or other substances for analysis [Rule 4].
In complying with standard practice, the Rules require industrial units and projects to be classified into four categories – red, yellow, orange, and green, based on their activities, levels of pollution, and potential harm to the environment and health [Rule 5]. The green category indicates low impact on human health and environment, yellow symbolizes moderate/medium impact, orange denotes significant impact, and red signifies strong/severe impact on human health and environment. Rule 6 requires the owner of a new industrial unit or project in the yellow, orange and red categories to obtain both a location clearance certificate and an environmental clearance certificate from the Department of Environment. For green-categorized industrial units and projects, owners only need to obtain an environmental clearance certificate. However, industrial units and projects set up in government and private export processing zones, economic zones, and industrial cities of Bangladesh Small and Cottage Industries Corporation are required to obtain only an environmental clearance certificate, regardless of how they are categorized; they are required to secure a location clearance certificate [Rule 6]. Rule 6 further states that no one is allowed to establish infrastructure in the categories of yellow, orange and red without having first obtained a location clearance certificate from the Department of Environment. Gas, electricity, water, and other essential services cannot be provided to new industrial units or projects categorized as yellow, orange, or red unless they have obtained a location clearance certificate. New industrial units of all categories must have an Environmental Clearance Certificate before conducting trial production or launch projects. Applications for the requisite certificates must be made in the prescribed form [Rules 10–13]. Applicants seeking a location clearance certificate shall receive the certificate within 21 working days from the date of submission of the application. If the application is rejected, the applicant shall be notified within 5 working days of the decision along with the grounds of rejection. In the event of an environmental clearance certificate, the applicant shall receive it within 20 working days from the date of submission. If it is rejected, the applicant shall be notified, along with the grounds of rejection, within 7 working days of the decision.
According to Rule 20, an environmental clearance certificate for green category industrial units or projects will be valid for 5 years from the date of issue and shall be renewable in 5-year intervals. A yellow category industrial unit or project’s location or environmental clearance certificate shall be valid for 2 years from the date of issue, renewable at 2-year intervals. Location or environmental clearance certificate, orange and red categories industrial units or projects shall be valid for 1 year from the date of issue, renewable at 1-year intervals. All categories of industrial units or projects must apply for renewal 30 days before the expiry of the certificate/s and by paying the required renewal fee [Rules 21–22].
If any individual or initiator of an industrial unit or project is aggrieved by any notice, order, or directive under these Rules, s/he may file an appeal to the government-established appellate authority within 30 days of receiving such notice, order, or directive [Rule 27]. For purposes of the Act and Rules, the appellate authority shall be comprised of –
Secretary, Ministry of Environment, Forests and Climate Change (who will serve as the Chairman of the appellate authority).
Additional Secretary (Environmental Pollution Control), Ministry of Environment, Forests and Climate Change.
Joint Secretary (Environment-II), Ministry of Environment, Forests and Climate Change, Representative (not lower than a joint secretary) nominated by the Legislative and Parliamentary division.
Deputy Secretary, (Environmental Pollution Control-Sub Wing), Ministry of Environment, Forests and Climate Change (who will also be the Member Secretary) [Rule 28].
Rule 29 lays down the procedure to be followed by the appellate authority in handling an appeal. Upon receiving an appeal, the appellate authority shall fix a date for hearing of the appeal and notify the parties concerned. The parties will be asked to furnish relevant information, documents, and oral testimony where necessary. According to Rule 30, if the appellant does not appear on the day fixed for hearing, the Appellate Authority may dismiss the appeal. However, it may extend the time for hearing based on the appellant’s request. If an appeal application is rejected, an application for execution may be submitted to the Appellate Authority within 21 working days from the date when the order of rejection was issued. No clearance certificate will be issued or renewed pending the disposal of the appeal.
The Department shall furnish a report containing the analysis of the samples of water, liquid waste, air and sound and the information or data derived from such analysis upon application of any person, industrial unit or project entrepreneur or organization, subject to payment of the applicable service fees [Rule 34]. The fees so payable shall be deposited in the government treasury through appropriate means, and evidence shall be preserved by the depositor [Rule 35].
Official Statements
Refugee Protection – Safe and Orderly Return – International Solidarity
Statement by Bangladesh at the Adoption of the 3rd Committee Resolution about Rohingya Muslims in Myanmar, 15 November 2023, Conference Room-1, UNHQ s, New York
Recalling how, despite collective efforts, no real progress has been achieved in enabling the Rohingyas to return to their homes, Bangladesh observed how the root causes of their persecution remained unaddressed and demands for justice were unmet due to continued armed conflicts and deteriorating conditions. Stressing the urgent need for the safe, voluntary and dignified return of the Rohingyas to Myanmar, it observed that the responsibility lay with Myanmar to create conditions for the protection of their basic rights, including the right to movement and access to livelihood opportunities. Pending their return, the Rohingyas living in the camps in Bangladesh deserved the solidarity of the international community. In this connection, Bangladesh appreciated the first-ever Security Council Resolution on Myanmar (2669) adopted in December 2022, which recognized the profound impacts of the ongoing state of emergency, increasing incidents of violence, arbitrary detention and executions of civilians in Myanmar and hoped for continued attention of the international community to this cause, as reflected in this resolution.
UN Peacekeeping Missions – Sexual Abuse and Exploitation – Criminal Accountability – Rights of Victims
Statement by Bangladesh at the General Debate on “Criminal Accountability of the UN Officials and Experts on Missions”, 78th UNGA, 10 October 2023, Trusteeship Council Chamber, UNHQs, New York
Commending the UN officials and experts on missions who play a central role in upholding international peace and security through unwavering commitment, bravery and personal sacrifice, Bangladesh emphasized the need for accountability measures when individuals associated with these missions engage in criminal activities. It called for prompt and thorough investigations into allegations of wrongdoing to uphold the image, credibility, and integrity of the United Nations and its Charter principles. As one of the major contributors to UN peacekeeping missions and an early endorser of the Secretary General’s voluntary compact on preventing and addressing sexual exploitation and abuse, Bangladesh attached utmost importance to the issue of criminal accountability of UN officials and experts on missions and maintained a ‘zero tolerance’ policy on any allegations of misconduct against its peacekeepers, including allegations of sexual exploitation and abuse.
Bangladesh expressed disappointment at the slow progress in ensuring criminal accountability of UN officials and experts on missions for their misconduct despite significant efforts across the UN system. To strengthen the collective commitment to eradicating this problem, Bangladesh flagged a few points:
First, invest more in preventive measures. In this regard, develop customized training modules for in-mission and pre-deployment training, including refresher training. Equally important is to ensure access to the training materials, including in native languages.
Second, it is important to harmonize the standards of investigation of the crimes allegedly committed by United Nations officials and experts on mission. In this regard, regular exchange of information and sharing of best practices among the stakeholders is important.
Third, ensuring criminal accountability of UN personnel and experts on Missions is a shared responsibility. All parties must collaborate, including by providing timely information and other materials required for investigations and criminal proceedings.
Fourth, it is critical to ensure the capacity building of the host country, particularly by strengthening the Judicial and Security Sectors.
Finally, while addressing the issue of criminal accountability, the rights and protection of victims. Enhanced measures to support victims of misconduct must be in place in coordination with the victim’s home country.
It is imperative to exercise extreme caution to safeguard the confidentiality of communications regarding allegations of misconduct. This is crucial to prevent unfair stigmatization of individuals, especially when allegations have yet to be proven beyond a reasonable doubt.
Migration – Displacement – Diaspora – Skills Transfer – Inequalities – Racism – Xenophobia
Statement by Bangladesh at the International Dialogue on Migration (IDM) Panel Discussion on “Empowering Diasporas, Migrants and Displaced Persons as Development Agents”, 30 March 2023, UNHQ s, New York
Bangladesh underscored the role of migration in achieving sustainable development. It observed how diasporas are a great resource for both the countries of destination and origin through the transfer of skills, culture and innovative ideas that contribute to trade and investment, technology transfer and poverty reduction. Recalling how, despite their contribution, migrants continue to be the worst victims of widespread inequalities, racism and xenophobia, and protracted separation from their families, including during the pandemic, Bangladesh advocated for safe, orderly, and regular migration.
Bangladesh shared the contribution of the Bangladeshi diaspora to remittance, development of business networks, investments and philanthropy – all of which helped boost the economy of the country, diversify exports, undertake charitable activities, and establish new business models.
Calling for the empowerment of migrants and a global policy framework for their meaningful engagements, Bangladesh stressed the need to design policies to protect and safeguard their rights against all forms of discrimination, including social, economic and cultural. Bearing this in mind, Bangladesh emphasized that it is more important now than ever that the developed countries fulfil their ODA commitment and deliver at least 0.15 to 0.20% of their GNI to the LDC s and the most vulnerable countries. Development partners must collaborate further to ensure the effectiveness of ODA and foreign financial flows. One way could be promoting a tripartite model involving the diaspora, the development partners and the national government. It suggested that official development assistance can be directed towards nurturing the successful business models of the diaspora, particularly in the field of ICT – enabled start-ups and other ventures through collaboration between diaspora entrepreneurs and the host government.
Bangladesh also called on the development partners to invest in skills development, ICT education, bridging the digital divide and building capacity in developing countries, including by using ODA.
International Humanitarian Law
Official Statements
War Crimes – Genocide – Crimes against Humanity – ICC
Statement by Bangladesh at the General Debate of the 22nd Session of the Assembly of States Parties of the International Criminal Court, New York, 07 December 2023
Reiterating its commitment to the principles and purposes of the Rome Statute, Bangladesh recognized the potential of the International Criminal Court (ICC) to advance the global commitment to end impunity and prevent the occurrence of the most serious crimes under international law. It emphasized the following points:
First, Bangladesh believed that the credibility of the Court lies primarily in its ability to serve the victims, particularly those who are the most vulnerable and the least heard. Alluding to the Rohingya refugee situation, it sought early completion of the investigation undertaken by the Office of the Prosecutor which is critical for ending the longstanding culture of impunity in Myanmar and supporting the right of the Rohingyas to safe, voluntary, and dignified return to their homeland.
Second, as a criminal court, the ICC is mandated to deter perpetrators from continuing or re-committing the crimes under its jurisdiction. It is critically important that the ICC remains objective in its attention to the protracted situations. Bangladesh remains concerned by the failure of the ICC to make any progress in the investigation of the Palestine situation, which has only encouraged the State of Israel to continue its atrocities in the occupied Palestinian Territory. Given the ongoing Israeli aggression and atrocities in Gaza, Bangladesh, along with four other countries, made a referral to the ICC seeking an investigation by the Office of the Prosecutor of possible commission of genocide, war crimes and crimes against humanity in the occupied Palestinian Territory. Bangladesh called upon the Office of the Prosecutor to prioritize this investigation, with the view to preventing the continuation of Israel’s genocidal actions in Gaza.
Third, the mandate and responsibility of the ICC to punish the most serious crimes can be better realized by the effective use of its complementarity principle. To this end, Bangladesh called for enhanced institutional arrangements for disseminating the ICC’s norms and practices with interested national jurisdictions for further strengthening complementarity, bearing in mind the varied contexts of national jurisdictions. Bangladesh stressed the importance of expanding ICC’s technical cooperation capacity, particularly in terms of victim and witness protection.
Fourth, the ICC must ensure good governance and equity in its work. Bangladesh encouraged the Court to uphold geographical representation and gender balance in its structure and urged for all possible efforts towards addressing the gaps in equitable geographical representation.
Finally, Bangladesh emphasized the importance of promoting the universality of the Rome Statute. While countries must ratify the Rome Statute, the ICC must also demonstrate, through its actions, that it can deliver justice to the victims and hold the perpetrators accountable, no matter how powerful they are.
Official Statements
Human Rights – Genocide – Crime against Humanity – Humanitarian Assistance
Statement by Bangladesh at the Fourth Committee of the 78th Session of the UNGA under Agenda Item 50: Israeli Practices and Settlement Activities Affecting the Rights of the Palestinian People and Other Arabs of the Occupied Territories, 06 November 2023, Conference Room 4
Recalling the atrocities committed by Israel on Palestinians, Bangladesh asked to ensure immediate, continuous, sufficient and unhindered provision of essential supplies and services to civilians throughout the Gaza Strip. Alluding to the reports of the Secretary-General and the Special Committee, both of which narrated how the rights of the Palestinians and other Arabs of the occupied territories have been affected by the illegal Israeli practices and settlement activities and the latest update of Israel’s illegal acts of settlements, demolition, and forced evictions, Bangladesh stated that Israel’s illegal practices and policies, and the UN’s failure to take any action, have contributed to the deterioration of the situation. Bangladesh referred to the observations and recommendations made by the Secretary-General and urged for consensus actions to make Israel comply with those recommendations. Bangladesh also referred to the resolution adopted at the 10th Emergency Special Session on 27 October 2023, which firmly rejected any attempts at forced transfer of the Palestinian civilian population.
Bangladesh observed that despite decades of talks about protecting the rights of the Palestinians under the illegal occupation of Israel, and making Israel accountable for the flagrant disregard for and violation of international human rights, humanitarian law, and numerous resolutions adopted in the General Assembly and the Security Council, there has been no tangible progress in taking concrete actions to solve the crisis, particularly in respect of achieving the “two State” solution. Consequently, the world today is a witness to one of the direst humanitarian crises of our times, characterized by willful blockade of humanitarian assistance, targeted killing of civilians and UN personnel, and the use of white phosphorus in artillery shells.
Statement by Bangladesh at the Informal Plenary Meeting of the General “Briefing on the Humanitarian Situation in the Gaza Strip”, General Assembly Hall, 17 November 2023
Bangladesh recalled witnessing the escalation of war crimes and genocide in the Gaza Strip, including the targeted killing of civilians and humanitarian workers and obstructing access to humanitarian assistance to the dying. Bangladesh urged to take immediate action in line with the Resolution ES 10/21 adopted in the emergency session on 27 October 2023, for an immediate humanitarian truce and to ensure unhindered and sufficient supply of humanitarian assistance in Gaza. Bangladesh maintained that it is unacceptable that the international community, including the United Nations, has failed to take any visible action against such gross violation of international human rights and humanitarian laws, including the 4th Geneva Convention by the Israeli Occupying Forces. It called out to Israel to comply with all norms and principles of protection of civilians and the inviolability of civilian structures under international humanitarian and human rights law. Bangladesh contended that Israel has been enjoying impunity, given the unconditional support it receives from some countries. Demanding an end to the culture of impunity, Bangladesh reiterated its call to bring the perpetrators of genocide and crimes against humanity to justice.
Armed Conflict – Child Rights – Violence against Children – CRC – Optional Protocols
Statement by Bangladesh at the Open Debate of the Security Council on the Theme “Children and Armed Conflict: How to Prevent and Respond to Grave Violations against Children in Armed Conflict”, 5 July 2023
Bangladesh observed that the grave violations against children in many conflict zones around the world marred our collective conscience and required enhanced measures to protect children in armed conflict. Drawing from its own experience of the horrors of war, Bangladesh reiterated its commitment to protecting civilians, especially children, in armed conflict.
Bangladesh recognized that the protection of children in armed conflict is primarily the responsibility of the State. Thus, States should ensure that their national laws are in line with international human rights and humanitarian law, such as the Convention on the Rights of the Child and its Optional Protocols. This includes enacting legislation that criminalizes grave violations against children and establishing robust judicial systems to effectively hold perpetrators accountable. Bangladesh noted the significance of integrating child protection provisions and capacity in UN peacekeeping operations and special political missions. However, it observed that the available resources did not match the scale of child protection risks in conflict-affected areas and hence, urged to increase the allocation of critical resources to effectively address the protection needs of children in conflict.
Bangladesh conceded that innovation plays a crucial role in addressing the evolving challenges faced by children in armed conflict. As such, innovative approaches to child protection must be explored and piloted, leveraging technology, digital platforms, and data-driven solutions. It is advised that leveraging technological advancements for the collection and analysis of data to anticipate risks and taking early action for protecting children in armed conflict is equally important. Bangladesh recommended to tailor responses be tailored to the specific needs of girls. This involves investing in gender-responsive programming, empowering girls through education, and challenging harmful gender norms. It stressed the importance of addressing child protection concerns in early warning, conflict analysis, mediation, transitional justice, disarmament, demobilization, and reintegration processes as recommended by the Secretary-General.
Use of Threat or Force
Nuclear Weapons and Disarmament
Nuclear Disarmament – Preserving Humanity – Environmental Protection
Statement by Bangladesh at the Second Meeting of States Parties to the Treaty on the Prohibition of Nuclear Weapons under Agenda Item 10: General Exchange of Views, 28 November 2023, UNHQ s, New York
Observing that nuclear weapons continue to pose the most significant threats to humanity, resulting in catastrophic consequences, Bangladesh made the following points:
First, to realize the shared objective of the total elimination of nuclear weapons, the global community must unequivocally reject the use of nuclear weapons while actively supporting the peaceful application of nuclear technology for the collective benefit of humanity.
Second, the international community must recognize that the use or threat of nuclear weapons constitutes a clear violation of international law, including the Charter of the United Nations, not to mention the devastating humanitarian and environmental consequences. As such, nuclear deterrence in military and security concepts, doctrines, and policies must be shunned.
Third, allocating significant financial resources to modernize and expand nuclear arsenals is unjustifiable in a world struggling to fulfil basic human needs. These resources could be better utilized to protect the planet and the people and build a world free of conflicts.