Anti-discrimination law needed to sustain democracy – The Daily Star

Report on the Imperative of Anti-Discrimination Legislation for Sustainable Development in Bangladesh

Introduction: A Call for Legislative Action to Achieve the SDGs

A high-level discussion organized by the Citizen’s Platform for SDGs, Bangladesh, in collaboration with prominent legal and civil society organizations, underscored the critical link between the enactment of an anti-discrimination law and the successful realization of the Sustainable Development Goals (SDGs). Political analysts, legal experts, and civil society leaders convened to argue that eliminating discrimination is fundamental to sustaining democracy, ensuring justice, and achieving equitable development, directly aligning with the core principles of the 2030 Agenda.

Discrimination as a Core Threat to SDG 16: Peace, Justice, and Strong Institutions

Professor SR Osmani of the University of Ulster articulated that persistent discrimination poses a direct threat to democratic stability and the integrity of national institutions, which are central tenets of SDG 16. His analysis highlighted a causal chain where inequality undermines democratic engagement.

• Erosion of Institutions: Discrimination, initially rooted in socio-economic disparities, evolves into political power imbalances. This dynamic has historically led to the destruction of state institutions for partisan and individual interests.
• Voter Apathy: Marginalized and oppressed groups, while preferring democracy, become frustrated and apathetic over time due to systemic discrimination.
• Rise of Autocracy: This apathy creates a vacuum that ruling groups can exploit to accumulate power, leading to a gradual decline of democracy and enabling the rise of autocratic governance.
• Conclusion: Eradicating discrimination is therefore a prerequisite for building the effective, accountable, and inclusive institutions targeted by SDG 16.

Upholding SDG 10: Reducing Inequalities as a Foundation for Development

Speakers emphasized that the proposed anti-discrimination law is essential for fulfilling the commitment to SDG 10 (Reduced Inequalities) and the overarching principle to “Leave No One Behind.”

The Link Between Equality, Justice, and Reform

Debapriya Bhattacharya, Convener of the Citizen’s Platform for SDGs, stated that the spirit of recent social and political movements was fundamentally anti-discriminatory. He argued that progress on justice and reform is contingent on eliminating inequality.

• Failure to address discrimination will not only hinder justice but will ultimately endanger both democracy and national development, impeding progress across all SDGs.
• Empowering citizens by protecting them from discrimination allows for their active participation in political and governance processes, a key component of sustainable development.

The Stalled Progress of Anti-Discrimination Legislation

Shaheen Anam, Executive Director of the Manusher Jonno Foundation, provided a historical context for the legislative efforts, noting the long-standing advocacy by civil society to address various forms of societal discrimination.

• Forms of Discrimination: The law aims to tackle discrimination based on caste, creed, ethnicity, and gender, directly addressing targets within SDG 10 and SDG 5 (Gender Equality).
• Legislative Delay: A draft law, initiated in 2013 and approved by the cabinet in 2022, was inexplicably stalled and never passed in parliament, despite prior commitments.
• National Promise: This delay contradicts the foundational promise of the nation to build a humane, non-discriminatory society free from inequality.

Addressing Systemic and Political Divisions

Attorney General Md Asaduzzaman highlighted the contradiction between constitutional guarantees of equality and the pervasive reality of social divisions. He noted that beyond religious discrimination, a new and damaging form of political discrimination has emerged, leading to a “vicious cycle of criminalisation of politics.” This directly undermines the goal of creating peaceful and inclusive societies as outlined in SDG 16.

Recommendations and Path Forward

The forum concluded with clear calls to action aimed at embedding the principles of non-discrimination into the legal and political framework of the nation to accelerate the achievement of the SDGs.

1. The interim government is urged to issue an ordinance of the anti-discrimination law to provide immediate legal protection.
2. All political parties should be compelled to include the formal passage of the anti-discrimination law as a core commitment in their upcoming election manifestos.
3. A renewed societal effort is required to overcome social, religious, and political divisions that hinder the nation’s progress towards a just, equitable, and sustainable future.

Analysis of Sustainable Development Goals (SDGs) in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 5: Gender Equality – The article explicitly mentions the long-standing experience of discrimination based on “gender,” which directly connects to the goal of achieving gender equality.
• SDG 10: Reduced Inequalities – This is a central theme of the article. The entire discussion revolves around eliminating discrimination based on “caste, creed, ethnicity,” and socio-economic disparities that lead to political inequality. The call for an “anti-discrimination law” is a direct effort to reduce inequalities within the country.
• SDG 16: Peace, Justice and Strong Institutions – The article links the elimination of discrimination to the sustainability of democracy, the protection of institutions, and the guarantee of justice. It discusses the need for legal frameworks (“anti-discrimination law”), the rule of law (“constitutional guarantees”), and citizen participation in the “political and governance process,” all of which are core components of SDG 16.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Under SDG 5: Gender Equality
   • Target 5.1: End all forms of discrimination against all women and girls everywhere. The article’s reference to societal discrimination based on “gender” and the civil society’s long-standing effort to address it aligns directly with this target.
2. Under SDG 10: Reduced Inequalities
   • Target 10.2: By 2030, empower and promote the social, economic and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status. The article highlights how “socio-economic disparities… ultimately turns into a disparity in political power” and mentions discrimination based on “caste, creed, ethnicity and gender.” The goal is to empower citizens so they can “actively take part in political and governance process.”
   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and action in this regard. The primary focus of the article is the call to “issue an ordinance of the anti-discrimination law” and ensure it is “passed by the next parliament” to eliminate various forms of discrimination.
3. Under SDG 16: Peace, Justice and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. The article argues that “in order to get justice, citizens must be protected from discrimination” and references constitutional guarantees of equality, highlighting the need for a legal framework to ensure justice.
   • Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels. The article states that when “citizens are empowered, they can express their opinions and actively take part in political and governance process,” which is the essence of this target. Discrimination is presented as a barrier to this participation.
   • Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development. The central demand of the speakers in the article is to “enact” and pass an “anti-discrimination law,” which is a direct reflection of this target.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Existence of a legal framework (Indicator for Targets 10.3 and 16.b): The most direct and measurable indicator mentioned is the status of the anti-discrimination law. The article provides a clear timeline: a draft was initiated in 2013, approved by the cabinet in 2022, but was “not passed for unknown reasons.” Progress can be measured by the successful issuance of an ordinance and the law being “passed by the next parliament.”
• Proportion of population reporting discrimination (Implied Indicator for Targets 5.1 and 10.3): While not stated as a formal metric, the article is based on the premise that “various forms of discrimination in society in the names of caste, creed, ethnicity and gender” exist. The success of the proposed law would be measured by a reduction in the number of people who are “victims of discrimination.” Therefore, tracking the proportion of the population that feels they have been discriminated against is an implied indicator.
• Citizen participation in political processes (Implied Indicator for Target 16.7): The article suggests that discrimination leads to “apathy” and prevents people from entering the “discussion forum” and taking “part in political and governance process.” An increase in active and meaningful participation by marginalized groups in political and public life would serve as an indicator of progress in reducing the political disparity caused by discrimination.

4. Table of SDGs, Targets, and Indicators

Source: thedailystar.net