Harassment, Arrest, Intimidation of Bauls threatens Freedom of Expression

GLOBAL MEDIA STATEMENT

[18 February 2020]

We, the media rights defenders of international and national freedom of expression organizations are concerned regarding the recent harassment, detention, and intimidation of the traditional Bauls, the mystic singers of Bangladesh.

In the month of January 2020, Sufi folk singer Baul Shariat Sarkar was arrested under the draconian Digital Security Act, 2018 when an Islamic cleric filed a blasphemy case against Sarkar for "stating that music is not forbidden in the Quran."

Similarly, two cases were filed against Baul Rita Dewan for “hurting religious sentiments” of the Muslims for her Pala-Gaan (logical debate through folk songs) performance. In fear of retaliation and personal harm, she long with her two young daughters made a public apology.

In both cases, a vested group is misusing the Digital Security Act, 2018, as a weapon to punish minorities of other faiths, folk singers and social media users too. If convicted, the Cyber Tribunal (Bangladesh) can give a verdict of a hefty fine and jail-term for up to seven years.

Notwithstanding, the media rights defenders had been warning the authorities about the misuse of the draconian Digital Security Act, 2018 which criminalizes freedom of expression and has been applied to detain several journalists, writers, poets, publishers, and bloggers.

Surely, the Islamists are a serious threat to the Baul community as they often preach hate against the women, people of other faiths and of course music and cultural events. They intimidate the Baul singers to silence the traditional cultural heritage.

The question and answer session in Pala-Gaan used mystical and esoteric language, which may be misunderstood by the audience which focuses on external, literal interpretations of Sufi interpretation of the society.

Conventionally the mystic song is an icon of rich folklore tradition, which is imbibed into Bangla heritage and must be protected as a cultural tradition.

To engage in Pala-Gaan, the mystic Sufi singers must have deep knowledge of different faiths, spiritualism, philosophy and contemporary issues.

The Bauls are essential in strengthening democracy, freedom of expression, philosophical debate, as well as tolerance in diversity.

Instead of protecting the folklore heritage, the draconian laws challenge the century-old tradition of freedom of belief and freedom of expression.

The nation-state was founded on the principles of secularism, pluralism, and equality for all to promote harmony among the diverse communities and cultural traditions of the land.

We are deeply disturbed that the intimidation on the Bauls violates the basic freedom of expression and freedom of faith.

We urge the Government of Bangladesh to protect its citizens from the radicalized religious groups.

We expect that the Government must act in upholding the unique traditions of secularism, freedom of faith, and tolerance in a bid to strengthen the visions of Bangabandhu Sheikh Mujibur Rahman, the architect of Bangladesh.

Endorsed and signed by Media Rights Defenders:

1. Dr. Aireen Jaman, General Secretary, PEN International, Bangladesh, London;

2. Faruq Faisel, South Asia Regional Director, Article 19, London;

3. Saleem Samad, Correspondent, Reporter Without Borders (RSF), Paris;

4. Ahmed Swapan Mahmud, CEO, VOICE, Dhaka

5. Khairuzzaman Kamal, Representative International Federation of Journalists (IFJ), Brussels;

6. Mainul Islam Khan, Representative, Committee to Protect Journalists (CPJ), New York;

7. Biplob Mostafiz, Member, Mukto Prakash (FExB), Media Rights Defender;

8. Sayeed Ahmad, Representative, Front Line Defenders, Dublin, Ireland;

9. Ahamad Ullah, Member, Bangladesh Manabadhikar Sangbadik Forum (BMSF), Dhaka;

10.GM Mourtaza, CEO, CCD Bangladesh; Rajshahi.

11.Jana Syeda Gulshan Ferdous, somewhereinblog.net

For more information, please contact Saleem Samad: +88-01711-530207; email: saleemsamad@hotmail.com OR, Faruq Faisel: +88-01730-710267, emails: faruq@article19.org

Historic judgment for Gautam Das murder in Bangladesh

SUMIT GALHOTRA

Almost eight years have passed since the murder of Bangladeshi journalist Gautam Das, but the slow wheels of justice have finally rotated. Late last month, a court sentenced nine individuals to life in prison in connection with the scribe's murder. Many local journalists have hailed the verdict as a landmark, the first time a Bangladeshi court has successfully prosecuted a murder of a journalist.
 
Eight of the nine convicted on June 27 are junior politicians belonging to the opposition Bangladesh Nationalist Party, including the son of a former parliamentarian, according to news reports.
 
"This marks the first time in Bangladesh's 42-year history that the police thoroughly investigated the murder of a journalist, arrested the perpetrators, and that a court delivered a favorable verdict," said Manjurul Ahsan Bulbul, a prominent journalist and former head of the Bangladesh Federal Union of Journalists.
 
Shortly before his murder in November 2005, Das published a series of reports for the Dhaka-based daily Samakal, detailing corruption by BNP officials, according to news reports. His body was found strangled in his bureau in the town of Faridpur, 40 miles outside the capital. The following day, Das' colleague filed a complaint with local police, accusing 10 individuals in connection with the murder, many of whom were members of the then-ruling BNP, according to reports.  
 
But the long road to justice was pitted with potholes. One of the accused died during the course of the trial. Others were released on bail. Witnesses scared of testifying backed out, according to Saleem Samad, a local journalist who knew Das. And in 2006, the case was transferred from the local district court to the Dhaka Speedy Tribunal Court 1 for an expedited judgment after pressure from local journalists. One defendant challenged the legality of this transfer, resulting in further delays.
 
Seven years later, this "speedy" court delivered its decision. While many journalists and press freedom advocates have welcomed the verdict, Das' widow, Dipali Das, expressed her disappointment and concerns to local media that the convicts would try to use their finances to get out of jail. Her concerns are legitimate; Bangladesh is consistently rated one of the most corrupt nations in the world. Dipali Das said the killers deserved the death penalty.
 
It is widely accepted by those who knew Das that those sentenced are the individuals behind the murder. It remains unclear if these men are the masterminds based on the police investigation, eyewitness accounts and confessions of the convicts, according to local journalists. Bulbul warned that the judgment will likely be appealed, and in a politicized place like Bangladesh, there is always the possibility that the defendants walk free.
 
Impunity for journalists' murders runs deep in Bangladesh. At least 14 journalists have been killed in direct relation to their work since CPJ began keeping records in 1992. Six others have been killed for reasons that remain unclear. Bangladesh ranks as the world's 19th deadliest country for the press, according to CPJ data. "For last 40 years hardly any journalists silenced for their profession had received justice, despite media pressure. In some incidents the family members have rejected the court verdict, some have even withdrawn their case out of frustration," said Samad.

Bulbul is hopeful this may change. "This is the beginning of the end of the culture of impunity that exists for journalist murders in Bangladesh," he said.

First appeared in Committee to Protect Journalists (CPJ) blog, July 10, 2013

Sumit Galhotra is the research associate for CPJ's Asia program. He served as CPJ's inaugural Steiger Fellow and has worked for CNN International, Amnesty International USA, and Human Rights Watch. He has reported from London, India, and Israel and the Occupied Territories, and specializes in human rights and South Asia