Mujib’s challenge was the road to democracy

Bangabandhu Sheikh Mujibur Rahman - Photo Credit: Rafiqur Rahman, Reuters

SALEEM SAMAD

How the architect of our independence paved the way for a democratic nation

Days after Bangabandhu Sheikh Mujibur Rahman returned from Pakistan, after languishing in solitary confinement in Mianwali prison, the stalwart politician quickly understood the challenges ahead.

The architect of Bangladesh’s independence, by dint of political wisdom, overcame the crisis. His first task was to bag diplomatic recognitions. Except for India, Bhutan, and later the Soviet bloc, no Western country had recognized independent Bangladesh.

Mujib decided to send strong messages to the global community and international bodies that war-torn Bangladesh had stepped into democracy.

Just a day after his home-coming on January 10, 1972, Bangabandhu promulgated the “Provisional Constitution of Bangladesh Order of 1972.” The order stated that those elected in the national and provincial parliament held in December 1970 and January 1971 would be deemed as members of the Constituent Assembly of Bangladesh. On the second day, January 12, the leader took an oath of office as the prime minister of Bangladesh and formed an 11-member cabinet of ministers.

Of course, no other political leader had ever been able to drive their country to the road to democracy after a bloody war of independence. In less than three months, Sheikh Mujib held Awami League’s first Council Session on April 7, 1972.

Two days later, the Constituent Assembly held its first session at the Constituent Assembly Hall, which is now the prime minister’s office.

The Constituent Assembly merged all 403 elected members from the national and provincial assembly as Members of the Constituent Assembly. Among the 401 members, all were from Awami League, except for Surenjit Sen Gupta from NAP (Muzaffar), and independent member Manebendra Narayan Larma from the Chittagong Hill Tracts; they were in the opposition bench.

On the first day, the Constituent Assembly formed a 34-member Constitution Drafting Committee with Dr Kamal Hossain, Law and Parliamentary Affairs Minister in the chair.

Kamal Hossain wrote the draft in English and Anisuzzaman, a professor of Bangla from Chittagong University, painstakingly translated it to Bangla. Kamal Hossain was twice summoned by Bangabandhu for consultation regarding the draft constitution. On both occasions, he was accompanied by Professor Anisuzzaman.

Bangabandhu advised constitutional provisions to bifurcate religion and politics. The second was to block party law-makers from crossing the floor during voting in the parliament. Both pieces of advice were included in the first constitution and both the clauses had drawn flak from lawmakers.

The third issue regarding the citizenship was debated by independent lawmaker Manabendra Larma, for the use of the term “Bangali” to describe all Bangladeshi citizens.

He argued: “Under no definition or logic can a Chakma be a Bangali or a Bangali be a Chakma … as citizens of Bangladesh, we are all Bangladeshis, but we also have a separate ethnic identity.”

Nevertheless, the draft constitution was adopted with thunderous applause on November 4, 1972, and took effect from December 16, 1972 -- the day 93,000 marauding Pakistan troops surrendered at Dhaka -- and lawmakers decided to commemorate the day as Victory Day.

On December 17, Sheikh Mujibur Rahman and his cabinet colleagues took a fresh oath on the new constitution -- the four pillars of which were nationalism, democracy, socialism, and secularism. The Constituent Assembly decided to hold the first general election on March 7, 1973, to commemorate Bangabandhu’s historic fiery speech at Suhrawardy Uddyan.

After 25 years, the political battle of realizing regional autonomy against the Pakistan junta had yielded a constitution for an independent and sovereign nation.

As Mohiuddin Ahmed, a writer and political historian, described in his book “Bela Obela,” Awami League had envisioned to draft and adopt a constitution in the Constituent Assembly in the shortest time.

Finally, the “road to democracy” adopted a new path after the constitution came into effect.

First published in the Dhaka Tribune on 17 March 2020

Saleem Samad is an independent journalist, media rights defender, and a recipient of the Ashoka Fellow and Hellman-Hammett Award. He can be followed on Twitter @saleemsamad

Too Little, Too Late For Bangladesh Democratic Roadmap

SALEEM SAMAD

On the eve of the military-installed interim government’s chief adviser Dr. Fakhruddin Ahmed’s crucial address to the nation [http://www.thedailystar.net/story.php?nid=36326] was interpreted in a first-page commentary in a Bangladesh newspaper that it would be a “landmark speech” and believes it would be a “Magna Carta” for the Bangalee nation.

In January 2007 the over-zealous military generals bulldozed the constitutional means for a transition to democracy, fired the caretaker government, declared a state of emergency and of course installed an interim government with hand-picked advisers they hire and fire.

Well, the much ado about Monday's speech to the nation was too little and too late for the restoration of democracy. Though the election has been planned days after the Victory Day celebration in mid-December, the chief adviser deliberately avoided any commitment about the deadline to withdraw the dreaded emergency rules.

It seems that the chief adviser was cruel about the aspiration of the people at large and instead advised the political parties not to question the results of the general elections. This statement came, when the “Election Commission, which has already made itself controversial through various actions and inactions and whose credibility remains eminently questionable,” remarks an editorial in New Age.

Despite passionate requests to withdraw Emergency Power Rules by the political parties, the interim government’s chief made it clear that the emergency has come to stay. But was too benevolent to relax or suspend certain provisions of the Emergency Powers Rules as and when his government deemed it fit.

Aptly said by a university teacher that the withdrawal of emergency is a prerequisite for dialogue, which has disappointed the nation. The political concession laid out to the nation is a political farce.

1. The long-running ban on indoor politics all across the country will ease from May 13.

2. The government will start a dialogue with political parties, starting on May 22. The Chief Adviser's Office will send out invitation letters to political parties from Tuesday.

3. The government will either relax or suspend certain provisions in the emergency powers rules to facilitate electioneering and create a proper context for the polls.

4. Ahead of elections, the government will form a national charter with the opinions of all related parties, which is meant to bring a qualitative change to government and politics.

In a bid to create a “congenial atmosphere” for elections, the indoor politics would continue to be “indoors”. With conditions attached there are half a dozen do’s and don’ts which flouts the constitutional provision of freedom of assembly and freedom of expression. The bindings include that political parties cannot assemble more than 50 people during indoor activities. The meeting agenda will discuss organisational matters only. They cannot use a public address system during the meeting. Media cannot broadcast live of political events. The meeting venues are limited to designated places. Lastly, the party has to inform the nearest police station at least 48 hours before the event. Possibly to ensure transparency of indoor politics!

He did not mention the names, nor indirectly referred to the two women leaders Khaleda Zia and Shiekh Hasina presently languishing in special prisons. Well, he also did not hint whether the interim government has dropped the “minus-two” formula which was meant to banish them from politics forever. He failed to mention their status of standing trial for corruption and extortions. Even he did not indicate whether they could be invited for the political dialogue. Also, it is not clear whether they can participate in the planned election at the end of this year.

Fakhruddin said, "The precondition of a meaningful, free, fair and acceptable election was checking black money and muscle power, establishing the rule of law, conducting an anti-corruption drive, improving law and order and, above all, making state institutions effective and dynamic."

Whereas, the Brussels based International Crisis Group recent report in April 2008 states: The caretaker government, along with the international community, must take credible steps to restore democracy to Bangladesh ahead of the December 2008 general elections.

His dramatic words “golden opportunity” and “golden future” for the nation has been marred in the wake of series of failure to break the cycle of criminalisation of politics, institutionalised corruption, organised crime, money laundering, accumulation of black money, and punish profiteering traders.

Dr. Ahmed for obvious reasons avoided whether the dialogue would have an open-ended agenda to ensure a guaranteed transition to democracy.

Political watchers explain that the “National Charter” to negotiate the election agenda would be the guideline for dialogue with the mainstream political parties and allies. Failure to comply with the charter, the political parties, and party leaders would be punished, banished or barred. It seems like a snake and ladder game!

Instead of the so-called National Charter, the authority could have developed a Commission for Integrity and Accountability of the Democratically Elected Public Representatives, which could be the bible for politicians and elected leaders in public offices. Thus they could refrain from exercising threats and coercion for political reforms of the parties.

From Dr. Ahmed’s words, it is understood that the authorities have ceased “implementation of internal reform of the political parties voluntarily.” He further said that the nation expects implementation of the expected reform for providing the nation with democratic behaviour, honest, efficient and dynamic leadership.

When the international watchdogs and donor consortiums are demanding for a credible election, the caretaker government's prime objectives, according to the chief adviser, was to hold a "free, fair, neutral and acceptable election and start a post-election healthy democratic system".

The piece de resistance of his speech came when he claimed that his government was committed to establishing the rule of law. With the people’s fundamental rights suspended under a state of emergency, complaints galore of the judiciary not being allowed to function freely, mass media forced to work in a suffocating environment created by illegal interference almost on a routine basis by a security intelligence agency, such talks surely come as empty rhetoric, writes an editorial in New Age, an English language daily published from capital Dhaka.

Meanwhile, the editors and journalist’s professional bodies demanded immediate withdrawal of emergency rules which has immensely curtailed press freedom. Journalists also underlined red area in exercising their profession and remarked "invisible, unwritten pressure and control over the media".

Dr. Ahmed hoped that after his address all questions, suspicious and speculations centering election will be buried. But observers understand that the real motive and intention of the military-backed authorities will further deepen. The political parties are pushed into a corner, like a whisker-cat trapping a mouse, with the delimitation drawn for the political bout. The road to democracy, in fact, has come to a difficult crossroads of military rule, emergency, and economic stagnation. The speculation and suspicions will obviously gather moss, which will turn into a political crisis.

First published in the CounterCurrents,org, 21 May 2008

Saleem Samad, an Ashoka Fellow is a Bangladesh born journalist presently living in exile in Canada. He edits www.DurDesh.net streaming from Toronto and specialises in conflict, terrorism, security and intelligence issues in South Asia. He could be reached by email saleemsamad@hotmail.com