Wednesday, April 25, 2007

Political reforms in Bangladesh

The opposition parties of Bangladesh have been clamouring for political and electoral reforms for the last two years. For them, these reforms meant a neutral caretaker government and administration which can hold free and fair election. They thought that these reforms would be a tall order for the then Khaleda Zia government and the subsequent caretaker government appointed by her. Things however changed with the assumption of power by the Fakharuddin Ahmed as the head of the new caretaker government. He appears to be taking political reforms further than most opposition political parties had bargained for.

The political reform agenda suffered a setback when the caretaker government was forced to drop its plan of sending the chiefs of both political alliances in self-exile. The increasing domestic and political criticism prompted this decision. Following this Shaikh Hasina was allowed to return to the country. Her return also caused a minor breach of the emergency law when nearly 20,000 of her supporters lined up on both sides of the street to welcome her. This spontaneous turn out of thousands of people indicated that people did not like the decision of the government to exile Shaikh Hasina.

Sensing the changed situation, Khaleda Zia also dropped her plan to leave the country. To increase control over her party, she appointed her brother Major (retd) Sayeed Iskandar as party vice-chairman. This decision of Khaleda only added fuel to the already brewing rebellion inside the party.

The reform agenda was also affected when the Nobel peace prize winner and microcredit pioneer Muhammad Yunus announced that lack of support had forced him to pull out of a plan to create a new corruption-free political party. The government now faces the prospect of trying to reshape Bangladesh politics without any obvious challenger to former premiers Zia and Sheikh Hasina, who held power alternately since 1991.

A section thought that the failure of the caretaker government to exile former premiers Khaleda Zia and Sheikh Hasina Wajed - whose bitter rivalry has been blamed for plunging the country into political chaos – has chastened it. The caretaker government however is unwilling to give up the reform agenda so easily. It has asked the political parties in Bangladesh to ensure they practice internal democracy before the country holds free and fair elections.

The main thrust of the proposed reforms is to end the dynastic leadership in the parties. It will also change the way these leaders rule when they are in power. These reforms are proposed targeting former prime ministers Sheikh Hasina and Begum Khaleda Zia. Hasina is the daughter of independence leader Sheikh Mujibur Rahman, and Khaleda is the widow of former president General Ziaur Rahman.

The caretaker government also wants to strip the parties of their powerful and often militant student wings, which triggered immediate protests by Hasina's Awami League and Khaleda's Bangladesh Nationalist Party (BNP). Both the BNP and Awami League bank heavily on the support of students and professional groups in this politically volatile south Asian country.
The government plans to implement democracy and financial transparency in the political parties. The Election Commission has proposed that parties register with it by submitting lists of their elected leaders. According to a senior Election Commission official, retired army Brigadier-General Sakhawat Hossain, these parties will have to complete elections to their central and grassroots committees in accordance with their constitutions before applying for registration. They will also have to disclose sources of funds. No political party would be allowed to contest national elections if it failed to register or complete the stipulated reforms.

The steps taken by the caretaker government for political reforms has encouraged several people within both BNP and the Awami League to discuss this hitherto forbidden issue. Dhaka City Corporation (DCC) Mayor Sadeque Hossain Khoka on May 10 stated that it was the best time to reduce the BNP chairperson's power to make unilateral decisions as the party is mature now. While talking about the appointment of BNP chief Khaleda Zia's brother Major (retd) Sayeed Iskandar as party vice-chairman, Khoka said time has come to reduce the unilateral power of the party chairperson. He said, "Such unilateral power was necessary when the party was formed, but now it is a mature party." He pointed out that the decentralization of power is necessary in BNP to make it a pro-people party.

Senior BNP leader M Saifur Rahman called for an end to 'dynastic' politics and said a number of mistakes committed by the last BNP-led four-party government brought on the present situation. In an interview to media on May 12, the former Finance and Planning Minister said the extension of the judges' retirement age and the appointment of the president as the head of the caretaker government were the reasons which brought on the present situation. Saifur said, "There should be an immediate end to family-centric politics." He criticised Khaleda's younger brother Major (retd) Saeed Iskandar's appointment as BNP’s vice-chairman.

The international community especially the EU member nations appear happy with the reform agenda of the caretaker government. Addressing a media conference marking the European Day in Dhaka the ambassadors of the EU member countries extended full support to the caretaker government in carrying out the electoral reforms and the anti-corruption drive. About the holding of the general election, British High Commissioner Anwar Choudhury said they support the caretaker government for holding credible elections and also leaving behind a set of reforms and infrastructure to ensure the future elections are held with high standards and democracy here could be sustainable. He also did not agree that with the notion that Fakharuddin Ahmed’s is a military-backed government. He said it is a civilian caretaker government within the constitutional arrangement enjoying the support of the military, and so far, of the people.
The United States has however observed that Bangladesh and Bangladesh's democracy will face a setback if a non-elected government stays for an extended period of time. A spokesman for the State Department stressed that the caretaker government needs to move as quickly and effectively as it can to elections to continue the momentum of Bangladeshi democracy.
The caretaker government is also making conscious effort to create positive international opinion in favour of its reform agenda. With this objective it sent special envoy Farooq Sobhan to the UN Secretary General Ban Ki-moon. Sobhan apprised the secretary general of various reform measures adopted by the caretaker government to hold the election before the end of 2008. He also met a number of UN officials.

Sobhan noted that the Election Commission is back on track and preparing a fresh voter list. He informed that both the chief adviser and the chief election commissioner have announced that the elections will be held before the end of 2008. The United Nations agreed to extend technical and financial assistance for holding a free and fair election in Bangladesh.

Meanwhile, both the Awami League (AL) and BNP have urged the caretaker government to lift restriction on internal politics soon so that they can have discussion with the Election Commission (EC) to expedite electoral and political reforms. The two parties said as soon as the government lifts the embargo they will hold discussion within their policymaking forums to finalise their views on EC's draft proposals for electoral reforms. They felt that it was impossible for them to assist the EC in carrying out the electoral reforms unless the ban was withdrawn. Earlier on April 4, the EC asked the government to lift the restriction allowing it to sit in dialogue with the political leaders to finalise the electoral reform proposals.

On the other hand, Fakharuddin Ahmed has defended his reliance on military help to run the country’s emergency government, and insisted that he is in charge. Speaking to BBC Fakhruddin Ahmed said that the military has only aided reforms, including a crackdown on corruption in which scores of political leaders have been arrested. He said, “The military is certainly backing the government but let me point out that this government was sworn in under a provision of the constitution…they are particularly providing very important services in maintaining law and order and combating crime and corruption.”

Reports have also indicated that both the government and the EC want the stalled ninth parliamentary election to be held much before the announced time frame of end 2008 if the EC can complete preparing the voter list. The Election Commission (EC) is looking for ways to prepare the voter list with photographs in the shortest possible time within the 18-month time frame. Bangladesh president Iajuddin Ahmed had also invited CEC ATM Shamsul Huda and two other election commissioners at Bangabhaban and asked them to make arrangements for holding the election in "shortest possible time".

The international and domestic pressure has made the caretaker government adopt a less hawkish approach to the reform agenda. But it has not given up. The government is trying to give a legal basis for reforms within political parties. This will create an infrastructure which will help democracy within the political parties. This is a laudable effort of the caretaker government. No doubt, Sheikh Hasina and Begum Zia have played a crucial role in Bangladesh politics. But the way they have governed the country has left a lot to be desired. The emergency rule has led to some introspection in these political parties. Still, it is not sufficient enough to bring any major change in the way these organizations have been functioning. The civil society of Bangladesh has also emphatically advocated the need for democratic change within the parties as a way of ensuring credible general elections and a stable democratic order. At the same time, the government must take some measures which would increase confidence of the political parties. For instance, the demand to remove the ban on indoor politics has been raised not only by the political parties but also by the EC. EC thinks that for any meaningful political reform, it must hold consultation with the stake holders i.e. political parties. This is not possible unless the ban on indoor politics is lifted.

1 comment:

Anonymous said...

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 as well as to achieve economic freedom when everything were damaged and leftover .
Government also started helping these fast growing PRIVATE SECTOR INDUSTRIES having fund from International Grant or Loan Giving Agencies and distributed through different Bank. From 1980 period..
But unfortunately Owner of Industries becomes helpless 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 non-cooperation, negligence or even were reluctant to receive back their loan money if any Industrial Owner decided to pay back the entire bank loan for non-banking activities .These have been done willingly to Jeopardize the Government Decision of Privatizations as well to occupy the mortgaged properties of the Owner of Industries of Bangladesh
Hundreds & Thousand of Industries in Bangladesh have been destroyed by Bank Officials & Policy Maker who are not aware of First Changing Technology of present time. even.
Over and above Capitalizing the Illiteracy, Ignorance and Extreme Poverty of majority of Bangladesh Citizen Every things have been forced upon the Owner of Industries of PRIVATE SECTOR in co-operation with their alliance , who are always interested to make Bangladesh a bottom less country.
Due to Such Conspiracy , Negligence’s , Fraudulent Activities including Non - Banking Activities of Bank Official & Policy Maker, Most of these Industries have became in-operative & have lost their Cash Capital, Expatriate Capabilities. And became helpless victims of oppressive laws
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 of Violation of Contract, Negligence, Fraudulent Activities, Malpractices of Bank Officials including Policy Maker.
LACK OF ACCOUNTABILITY in different Organization of Bangladesh are no more hidden matter till date .
THE OWNER OF THE INDUSTRIES OF BANGLADESH ARE LOOKING VERY HELPLESSLY FOR JUSTICE BUT THE DOOR OF JUSTICE ARE CLOSED FOR UNKNOWN REASONS.
The owner of Industries of Bangladesh are deprived of Legal Right due to enactment ARTHA RIN ACT ACT ( Money Landing Act ) on 1989 which were amended several time on 2003 and 2007. The Bankruptcy Act of 1997 treating the OWNERS OF INDUSTRIES as like as SLAVE of COLONIAL PERIOD When the Hands of the Producer and Technician of Muslin Fabrics ( which were only produced in UNDIVIDED BENGAL ) were cut down

But these laws are not applicable in Nationalized Sector where billions of US Dollars are invested, till today and are unaccounted
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.
And Bank Official can explain well about the balance of the remaining out standing Loan.

LAW OF TORTS and LAW OF CONTRACT ARE MOST COMMON LAW IN ALL COUNTRY and even in our NEIGHBOURING COUNTRY Like INDIA , BUT NOT APPLICABLE IN BANGLADESH YET DUE TO WHICH BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION forcing the Process of increasing - Poverty line in Geometric Ration and also helping HUMAN TRAFFICKING in large scale.
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 under Artha Rin Act , 2003 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






The present condition OF SICK / DISTRESSED INDUSTRIES are deplorable due to lack of Accountability of Bank Official / Policy Maker & Indemnity offered 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

Also Common PEOPLE WHO ARE FACING ANOTHER TYPE OF REPRESSIVE LAW UNDER CERTIFICATE CASE for realization of Taxes , Agricultural Loan , including Weaver’s Loan etc.

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 ARTHA RIN 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 .
But in India for recovery of defaulted Bank Loan there are separate law known as D R T ( DEBT RECOVERY ACT ) in which The Owner of the Industries or any Borrowers can claim set off or can claim compensation for the violation of contract , negligences , fraudulent activities including malice or malafide activities of Bank officials
And Sections 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT -2003 are CONTRADICTORY TO ARTICLE NO : 8, 15, 26 and 27 of BANGLADESH CONSTITUTION and Government Industrial Policy adopted time to time..
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 greater Interest of The Nations

( 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 ,which will be similar to DRT ( Debt Recovery Tribunal of INDIA )

(B)- Considering the Heavy loss and Damages of Government Registered and Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector due to Negligence , Violation of Contract & Non-Banking Activities etc. 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 under LIMITATION ACT

( 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 abolishing SECTIONS 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT -2003 for the end of Justice .


( E ) – And Section 28 ( Ka ) of BANKING COMPANY of 2001 which explain WRITTEN OFF does not mean Weaver were included to SERVE THE PURPOSE OF VESTED GROUPS & Their AGENTS and also to misguide the International Community & Bangladesh National
( 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
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 Arthatha Rin Act at a Galance:
(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 Owner of Industries of Bangladesh