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Friday, May 18, 2007

Bangladesh under emergency rule for 125 days: A dismal report card

A.H. JAFFOR ULLAH

THE big bombshell from the U.S. Senate reached Dr. Fakhruddin Ahmed’s desk on May 15, 2007. Fifteen prominent U.S. senators including John Kerry, Ted Kennedy, and Hillary Clinton wrote collectively a letter to the Chief Advisor requesting him to lift immediately the emergency rule, restore full civil rights of people, and disclose a roadmap towards a free and fair election. It will be interesting to note how the caretaker government reacts to this high octane plea.

No one really told the 145 million citizens of Bangladesh to fasten their seat belt for the nation’s uncertain and bumpy ride. And bumpy it was. This article will summarize the triumph and failure of the military-backed technocrat run administration, a first of a kind for this beleaguered nation that has seen many ups and downs in the last 35 years.

Bangladesh started out being a war-torn nation in December 1971 after fighting a bloody war against an occupation force in which an estimated 3 million people lost their lives. The nation became a Peoples’ Republic after a new secular constitution was ratified by the national assembly. A parliamentary election was held in March 1973 to legitimize the first government led by Sheikh Mujibur Rahman. However, Bangladesh’s journey to democracy was derailed by army on August 15, 1975. The nation was virtually under military rule for the next 15 years during which time two successive military General rule this tiny nation with absolute power. In late 1980s when Eastern European nations one-by-one came out of the Soviet bloc to embrace democracy and free market economy, the whirlwind also touched Bangladesh. Democracy re-entered the nation of about 100 million in 1991. The military leader was not only booted out of office but also disgraced and jailed on corruption charges; in its place came a truly democratic government. Three consecutive democratically elected governments ruled the impoverished nation from 1992 through 2006. I won’t call the democracy as practiced in Bangladesh a perfect system but the nation made a stride to establish various institutions to foster democracy.

Even though the nation made progress in various field notably in food production during 1996 through 2001 and made inroads in garments and apparel industries but politically-backed corruption and graft were on the rise exponentially. The country topped the list of most corruption consecutively for the last 3-4 years as per Transparency International (TI), which assigns the ranking of most corrupt nations on earth. Also, the very political parties that ruled the nation for last 15 years were not practicing democracy themselves. The leadership was confined to two political families and there were no signs in the horizon to indicate that the leadership of two major parties was about to change anytime soon. The corruption was so endemic and deep rooted that the eldest son of Khaleda Zia, the departing Prime Minister earned the dubious distinction of Mr. Ten Percent. The prodigal son ran a parallel government and he took bribes right and left thus becoming a billionaire in a short span of 5 years. A new class of super rich was born in Bangladesh; they all had connection to the past government of Khaleda Zia. Such were the ground realities in Bangladesh.

In October 2006, Khaleda Zia’s government resigned after completing the term and the nation was preparing to hold another parliamentary election on January 22, 2007. The opposition vehemently protested against the holding of election fearing that a level playing field did not exist and the administration and election commission was restructured by departing administration in a way to allow for massive vote rigging. The opposition also complained about the veracity of the voters’ list, which supposedly contained 10% fake voters. A supposedly “neutral” interim caretaker government took power in the last week of October 2006 headed by the partisan president by breaching the constitution. That caretaker government did not do any reform of the Election Commission and nor did they correct the voters’ list that contained enough ghost voters to sway the election result in favor of Khaleda Zia’s party. Consequently, there was a stalemate, which led to the paralysis in government. On January 11, 2007 barely 11 days before the election emergency was declared at the behest of the military. Buckled under pressure, the partisan president, Iajuddin Ahmed, resigned from the position of the chief adviser of caretaker government. A new interim government was formed on January 12, 2007 again breaching the constitution, which was led by 10 technocrats headed by Fakhruddin Ahmed.

The events of last 125 days under the military-backed interim government kept the masses on their toe. The government was set to clean up the Augean stable of Bangladesh politics. A massive campaign by the joint forces of police, RAB, and military netted about 160,000 citizens from the four corners of the country. About 100 political leaders and dozens of top businessmen were also incarcerated. The government is trying to frame cases against the arrested politicians and businessmen. This Herculean task has earned a good reputation for the interim government both inside the country and abroad.

The second task the government took was to reform the existing political parties. They formulated a plan, which was dubbed by the press as "Minus Two" plan. Under this plan the two party chairpersons, Khaleda Zia and Sheikh Hasina Wazed, would be sent to exile and the two major parties, Awami League and BNP, would undergo reform. It was expected that the new leadership will take charge of these two parties. There was another initiative taken by the military-backed government that concerns the birth of a third political party. Bangladesh’s glitterati Nobel Laureate, Muhammad Yunus, was propped up to float a party. The government thought the voters would show their solidarity with Yunus’s new party. However, the high-tech method that Yunus chose to communicate with the masses did not garner him any support from the hoi polloi and the initiative just simply withered in the vine. Rumor is persistent now that the government is trying to float yet another new party headed by Dr. Kamal Husein, the leader of Gono Forum. It is expected that many seasoned politicians from BNP would join the new party. It however remains to be seen what lies ahead vis-à-vis the floating of this third party.

In March 2007 Sheikh Hasina visited America to be with her son and daughter’s family. A month later, the government blocked Hasina’s re-entry to Bangladesh by declaring her a persona non grata. This move by the government eventually backfired. Hasina garnered enough support both inside the nation and abroad and the government swallowed their pride while lifting the ban. The government’s half-hearted effort to force Khaleda Zia to find a safe haven in Saudi Arabia also failed miserably. In a hurry, the government abandoned their “Minus Two” policy to reform the political parties. Hasina triumphantly returned home on May 7, 2007. Defying the emergency rule an estimated 25,000 people flocked to the air port and vicinity to greet her.

The interim government did everything to prolong their grip on power. It spent too much time to accost the alleged corrupt politicians without reforming the election commission. It revamped the anti corruption commission placing a new administrator from military background. However, no real effort was made to change the voters’ list. The government to support their ‘go slow’ policy said it may take 2 years before the election could be held. Sheikh Hasina vehemently protested against the long delay and the US Administration is also applying pressure on the government to hold the election at an earlier date.

The two major areas where the interim government failed miserably are: controlling the price of staples and foodstuffs; gross human rights violation. The spiraling price hike of rice, lentil, and other agro-commodities led to inflationary tendencies in Bangladesh. The government essentially failed to check the inflation. This is causing a great deal of concern among Bangladeshis. There are no signs anywhere that indicate the inflationary pressure is ebbing. If this trend continues, the interim government may become very unpopular and the politicians may foment agitation by their incendiary remarks.

The Fakhruddin Administration has earned a bad name due to their poor human rights record. First, to clean up the capital the government demolished slums that housed tens and thousands of poor people. The poor has no lobby whatsoever; therefore, the government in their zeal to clean up the capital city had displaced thousands of residents. Second, an estimated 170,000 people or even more are now languishing in jail without any formal charge against them. Third, the elite law and order force, RAB, had killed few dozens people under custody. Fourth, the military also killed many people and one such instance had caught the attention of International organizations, Amnesty International that deal in human rights violation. Bangladesh’s premier civil rights organization, Odhikar; is also very vocal on the spate of civil rights violation carried out by government’s forces.

A tribal leader belonging to Garo community was arrested by the military, tortured, and killed in March 2007. This news has already embarrassed the government but a deafening silence centering this gross abuse of human rights has mired the military and the government. The Fakhruddin Administration is acting like the proverbial ostrich by burying its head in the sand. The human rights abuses done by the government agencies may however break the proverbial camel’s back. Bangladesh already had portrayed a bad image in respect to corruption by the powerful bodies and on top of it the nation will surely earn the distinction of most violator of human rights.

In summary, the Fakhruddin Administration is in power for over 125 days. Some say that it is a government that cannot be supported by the existing constitution of the country. While the government is trying to break the monopoly of the two families, the Chief Advisor had appointed three of his family members in the interim government. Some progress has been achieved to apprehend corrupt politicians but the administration is too slow to frame charges against the arrestee. The government’s initiatives to float a new political party centering Yunus had failed and so did the exile attempt on Sheikh Hasina and Khaleda Zia. There are persistent rumor that the government is working to float yet another party with the help of Dr. Kamal Husein. The inflationary pressure on foodstuffs has not yet ebbed thus causing price to escalate further. The government gets an F mark in upholding the civil rights of the citizens. The death of Cholesh Richil, the Garo community leader and others who dies under custody may make waves and send a very negative image of the nation. The government is surely acting like a behemoth too slow to prepare the voter list. While the spokesperson for the government had alluded to the media that it may take even two years to hold the election, the major political parties are showing their dissatisfaction to the proposal. And now comes the wake-up call from 15 senior U.S. senators. The road to next election is bumpy and strewn thick with uncertainties. Therefore, stay tuned because more is yet to come. #

Dr. A.H. Jaffor Ullah, a researcher and columnist, writes from New Orleans, USA

2 comments:

  1. Well-said. I agree with you. The human rights situation is bad.

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  2. APPEAL FOR JUSTICE TO SAVE FROM OPPRESSIVE LAWS

    Dear Sir
    From 1972 after independent ,Bangladeshi Nationals started to Established Industries investing family resources ,adopting innovative technology as SELF EARNER & to create job for million of unemployed & to achieve economic freedom when everything were damaged and leftover ,taking all the risk
    Government being willing to help these fast growing PRIVATE SECTOR INDUSTRIES with fund from International Grant Offering Agencies and stated to distributed through different Bank. From 1979 to1980 period..
    But unfortunately Owner of Industries becomes victims of deep rooted conspiracy & Anti Propaganda .. The Bank Official refrain themselves from ascertaining production capacity of imported machineries and to provide required working capital loan in time extending total non-cooperation, negligence or even were reluctant to receive back their loan money if any Industrial Owner decided to pay back the loan for non-banking activities These have been done willing to jeopardize the Government decision & Policy of Privatizations as well to occupy the mortgaged properties of the Owner of The Industries
    In this way Hundreds & Thousand of Industries in Bangladesh have been destroyed by Bank Officials & Policy Maker who are not aware of First Changing Technology even .
    Due to Such conspiracy , negligence’s , fraudulent activities including Non Banking Activities of Bank Official & Policy Maker, most of the these Industries have became in-operative or closed & have lost their Cash Capital, Expatriate Capabilities. And became helpless victims of such deep rooted conspiracy. Having no Legal Protections and remedies throwing large number of WORKER & STAFFS JOBLESS who were engaged in these Industries for their livelihood.
    In 1992 &1996 the Sick Industries Rehabilitation Cell were formed by GOVERNMENT OF BANGLADESH & have Identified and Registered these Industries as SICK INDUSTRIES declaring not as defaulter but victims due to Violation of Contract, Negligence, Fraudulent Activities, Malpractices of Bank Officials including Policy Maker. And due to lack of Accountability .which are no more hidden matter .
    THE OWNER OF THE INDUSTRIES OF BANGLADESH ARE LOOKING VERY DESPERATELY FOR JUSTICE BUT THE DOOR OF JUSTICE HAVE ARE CLOSED FOR UNKNOWN REASONS.
    The owner of Industries of Bangladesh are deprive of Legal Right due to enactment ARTHA RIN ACT ACT ( Money Landing Act ) on 1989 which were amended several time till 2007 and Bankruptcy Act on 1997 treating the INDUSTRIAL ENTRPRENEURS OF PRIVATE SECTOR as like as SLAVE of Primitive Age.

    But these laws are not applicable in Nationalized Sector where Billions of Dollars are invested with no result an unaccounted till today .
    Total outstanding Defaulted Bank Loan are about 60 to 70 % lying with Government Sector / Nationalized Concern ,
    And less then 10 % Bank loan are lying with Small & Medium Size Industries of Private Sector & Bank Official can explain well about the balance of the remaining out standing Loan.

    LAW OF TORTS ARE MOST COMMON LAW IN USA , EUROPE or AUSTRALIA and even in our SOROUNDING COUNTRIES , BUT NOT APPLICABLE IN BANGLESH YET DUE TO WHICH BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION BY ALL GOVERNMENT ORGANAZATIONS forcing the Process of increasing - Poverty line in Geometric Ration .

    OWNER OF INDUSTRIES OF PRIVATE SECTOR CAN NOT CLAIM ANY COMPENSATION OR SET OFF on the Suit filed by the Bank Official or Loan Giving Agencies FOR VIOLATION OF CONTRACT, NEGLEGIENCES, MALPRACTICES, including fraudulent activities of Bank officials instead of huge loss and damages although Bangladesh is known as DEMOCRATIC COUNTRY and never was a COMMUNIST COUNTRY .
    CONDITION OF SICK / DISTRESSED INDUSTRIES are in deplorable now due to lack of Accountability of Bank Official / Policy Maker & due to restriction as per SECTION NO 18 ( 2) & ( 3 ) of ARTHA RIN ACT allowing total Indemnity to Bank Official / Loan Giving Agencies .
    These have been done to hide out existing high profile Malpractices, Corruption and Fraudulent Activities & Negligence as per opinion of Expert Personals depriving the Owner of Industries from Justice like those of Common PEOPLE WHO ARE FACING ANOTHER TYPE OF REPRESSIVE LAW KNOWN AS CERTIFICATE LAW for realization of Taxes , Agricultural loan , including weaver Loan etc.
    The Owners of Industries in Bangladesh have no legal right to protect themselves and from the oppression of Bank Official & Policy Maker & Officials which are no more hidden matter rather a part of deep rooted conspiracy till date forcing the TALENTED PEOPLE TO LEAVE THE COUNTRY BY LARGE
    Bank official have given absolute Indemnity for Violation of Contract , Negligence Malpractices & Fraudulent Activities
    OWNER OF INDUSTRIES can only file a separate suit for compensation in separate CIVIL COURT CREATING MORE complicacy for life long litigation WITH OF NO RESULT due to restriction to obstruct or resist any order / decree of ARTHA RIN ACT / COURT by any other DECREE OR ORDER OF OTHER COURT or even of by HIGHER COURT. THE RIGHT OF EQUITY OF LAW HAVE COMPLETELY BEEN DENIED TO THE INDUSTRIAL ENTREPRENEUR OF PRIVATE SECTOR IN BANGLADESH

    Sections 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT are directly repressive types violating of ARTICLE NO : 8, 15, 26 and 27 of BANGLADESH CONSTITUTION and self contradictory to the policy of Government to resist Malpractices and Corruption and Privatization programmed ax Mentioned in Industrial Policy adopted time to time having no force of law at all.

    Now there are no other alternative way but to draw the kind attention of Concerned Authority Including International Community / Organizations seeking help for JUSTICE and Support to save & protect the OWNER OF SICK OR DISTRESSED INDUSTRIES OF Bangladesh under Private Sector, including their properties from such deep rooted conspiracy and oppressive laws as well to protect the interest of large number of workers, staffs of the Private Sector and also for CHANGE of such oppressive laws to restore Accountability of Bank Official / Loan Giving Agencies including Policy Maker to ensure for National Interest

    ( A ) - Humble appeal before the Government of Bangladesh to kindly allow Industrial Entrepreneur to claim Set Off or Compensation on suit filed by the Bank or loan Giving Agencies. or allow to Run Compensation Suit Simultaneously with suits file by Bank Officials under ARTHA RIN ACT with equal opportunity and equal right so as to restore total accountability .

    (B)- Considering the Heavy loss and Damages of Government Registered and Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector since last 25 years due to Non-Banking Activities of Bank Officials and Policy Maker may kindly be allowed 100 % weaver of all type of Bank loan liabilities to minimize their heavy loss and damages to certain extent

    ( C )- The system of keeping mortgage of Land & Properties from the Owner of Industries by Bank or any Loan Giving Agencies as Securities are mostly responsible for Malpractices and ever growing Corruption, & Fraudulent Activities in Banking Sector, which are now proven matter and may kindly be completely abolished as a part of reform programs at earliest possible time to ESTABLISH ACCOUNTABILITY and Check Malpractices, Fraudulent Activities which are now growing by large in Banking Sector or in other Loan Giving Agencies upto root Levels

    ( D ) - All suits of Artha Rin Court may kindly be transferred to Civil Commercial Court providing Equal right of justice .

    OR

    The above mentioned Sections 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT may kindly be abolished immediately to unearth y & check existing Negligence , Malpractices & Fraudulent Activities of Banking Sector.

    ( E ) – And Section 28 ( Ka ) of BANKING COMPANY of 2001 which explain WRITTEN OFF does not mean Weaver were included just to or misguide the International Community & Bangladesh National so as to serve the interest of the Vested Group & to hide out the above also

    ( F ) And also take immediate steps to reform or abolished the system of CERTIFICATE CASE Which are nothing but abuse of Law for realizing Government Taxes , Agricultural Loan etc and is one of the worst system of CLONIAL RULE

    ( G ) - It would be an extreme favors if your good self kindly collect the PRINTED COPIES OF THE ABOVE MENTION LAWS for confirmation of mentioned facts .& to help the Suffering Groups by circulating this appeal among Honorable Member of your Organization and Partner’s Organizations & to Publish in WEBSITES or News Bulletin or News Media, Electronic Media of your territory to bring to the knowledge of Concern Authority including International COMMUNITY OR ORGANIZATIONS working for HUMAN RIGHT & FUNDAMENTAL / Democratic Right of People to prevent legal abuse for immediate help and support to protect the Owner of the Sick Industries / Distressed Industries of Bangladesh and their properties from such OPPRESSIVE LAWS for which they all would be ever grateful as well for change of all types of oppressive laws restoring accountability at all organization of Bangladesh.

    ********* N.B. the Summery of above mentioned Section of Artha Rin Act at a Glance:

    (A)- In section 18 ( 2 ) & ( 3 ) Defendant or Owner of Industries will not be able to claim any set – off or to make counter claim against the Bank or Bank Official nor will be allowed to claim any Compensation by submitting any Suit against Bank ( Plaintiff ) analogously or simultaneously in Artha Rin Court due to violation of contract, fraudulence activities including negligence, malpractices of Bank officials.
    (B)- Section 21: Settlement Conference between Borrower and Bank is a misnomer of Law of Arbitration or just to divert the attention of common people in the name arbitration or to make everybody fool .
    (C) -As Per Section 19 (6) of Artha Rin Act of 2003 no suits can be declared to be dismissed or discharged for default or above mentioned fault of Bank Official. As per Section 20 regarding any order or proceedings of Artha Rin Act can not be raised to Higher Court or to any Other Superior Authority without paying 50 % of claimed or Decretal Amount if the order is totally misleading or against any law or illegal one even .
    (D) - As per Section 34 Defendant or the Owner of Industries in Artha Rin Adalat Case can be put to the Jail for compelling or forcing him to pay the Bank Money without considering the fault or negligence’s of Bank Official without allowing him to proof the matter of violation of contract, fraudulence activities , negligence, malpractices of Bank officials. V- As per section 41 and 42 -The Owner of Industries are not allowed to file any appeal or revision to High Court or Superior Court against any order of Artha Rin Court without paying 50 % of the claimed amount or Decretal amount in advance , But the Bank Official are not require to pay any amount in advance in the Higher Court, allowing A Great Disparity of Law and Justice.
    (E) - Under section 47 and 50 , The learned Court under Artha Rin Act of 2003 have been bared to make any exemption of principal loan amount for Violation of Contract , Negligence’s Malpractices, including fraudulent activities or any fault of the bank official uni laterally

    (F)- Section 12 ( Kha ) Imposed a bar for filling write petition to Higher Court which are direct violation of human right and constitutional right of the citizen and reflects the negative attitude of Policy Maker and the Law Maker .

    Suffering Groups of Owners of Industries of Bangladesh under Private Sectors

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