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Wednesday, January 16, 2008

[chottala.com] Bangladesh 2007: Destruction without Creation By Abeer Mustafa

Bangladesh 2007: Destruction without Creation
By Abeer Mustafa   
Image "When you pass by the Rangs building in the heart of Dhaka, think of it as a telling symbol of the government's tactics and accomplishments in 2007: from legal institutions to political system to markets, it targeted things that need to be destroyed, it did little analysis of consequences, it unleashed its full force with no due process, and then left the job undone and the situation much worse off than it was before."

The Progressive Bangladesh, 11 January 2008
http://www.progress ivebangladesh. org/index. php?option= com_content& task=view& id=109&Itemid= 29

By Abeer Mustafa   
Friday, 11 January 2008

In a bizarre and tragic way, the semi-destroyed Rangs Building in the heart of Dhaka represents accurately the accomplishments of Bangladesh's military-led caretaker government. The characteristic that stood out most the last one year can be termed generally as "destruction."

Reader, before you react instinctively, or before you feel like interjecting with, "well, you have to look at both sides, consider the pros and cons," et cetera – bear with me. This is a strong criticism to make as the government celebrates its first anniversary; but I also believe that it is a reasonable argument to make. I will elaborate in three areas.

The Constitution

Unless you're interpreting law as abstract art, the government is operating beyond its mandate specified by the Constitution. It is being run formally by ten advisors and the Chief Advisor and by authority of the President – and that's about everything that's constitutional about the government.

The Parliament has not been in session for over ninety days, and the government has not held elections in ninety days, which, according to Article 123(3), is the constitutional reason by which it can exist. Now, it can be considered that in view of the political crisis of pre-1/11, political parties and the people have granted permission for this government to continue. But from where did that assumption come? Was there a public poll, a referendum? If you recall, this argument came from the caretaker government itself, which publicized that corruption would need to be tackled before free and fair elections could be held. But can such permission be extended from ninety days to two years? The only way it could be done is by destroying the meaning of the Constitution as a set of principles by which the nation should be governed.

The destruction of the Constitution by the quasi-military government has allowed it to consider the formation of things like a 'national government' of eminent like-minded citizens or a constitutional council to revise the Constitution itself to its liking. It has allowed the government to plan the holding of local elections first, which a caretaker government cannot do if it sticks to the Constitution. The government has not only tinkered with electoral rules, but sought the army's advice and approval of such rules, a privilege not given constitutionally to the army.

Bangladesh Constitution Article 7
Article 7 of the Constitution forbids governments from acting unconstitutionally.
Beyond the façade of the civilian government, key functions for the last year have been run by a set of committees led by military personnel, the most prominent of which is the powerful 'National Coordination Committee' against crimes and corruption. It has made, and continues to make, political changes, economic decisions, including large scale purchases using public funds (most recently planning for a $880 million subway in the capital city), and continues to pass laws (signed by the President) – none of which is mandated to a caretaker government under the "routine tasks" it is supposed to do constitutionally.

Can a caretaker government, or any government, contravene the Constitution so grossly? Article 7, titled "Supremacy of the Constitution" clearly forbids it, as you can read on the left.

The economy

Over the last year a record-breaking economic crisis has appeared, almost out of nowhere, and the military government is trying hard to suppress the dissemination of information about the crisis.

Inflation has been galloping ahead, putting food and other everyday items beyond the reach of the majority of the population. In July, 2007 inflation crossed over 10 percent for the first time in 13 years. By November 2007, inflation had crossed 11.2 percent – a 17-year record. The biggest increase was in the price of food, which by January 2008, was increasing by 13.8 percent, according to the Bangladesh Bureau of Statistics.

The government has blamed all but itself and its policies for this. First it blamed political mismanagement of the previous governments, then it blamed importers and indenters, then unscrupulous traders and middlemen, and more recently, international markets. It has entrusted the BDR, a paramilitary, a key role in food importation and distribution, and extended it several rounds of interest-free loans. It put in the feared RAB (Rapid Action Battalion) to force price controls on traders and food-sellers. Basically it replaced a market economy with ill-conceived military tactics, as if we were fighting a war over food (Ed.: See Ariana Ahmed's related  article).

Image
The urge to destroy. Photo credit: Jewel Samad, AFP.
The government summarily imprisoned many businessmen without regard to the businesses and the hundreds of thousands employed by them. It asked banks to not transact with blacklisted businesses, without showing reason why they were blacklisted, thereby introducing a credit crisis in the country. Out of the blue, it began to close down jute mills, laying off thousands of workers in the middle of a food and price crisis, and over the last year effectively destroying the jute industry in Bangladesh while similar mills in neighboring West Bengal continue to thrive.

Arbitrary military tactics do not attract investors. In the first fiscal year since the caretaker government took over, foreign investment proposals dropped precipitously, by 57 percent. What has increased is aid-dependence, with Western donors providing both a diplomatic and economic lifeline to the government. Net foreign aid into Bangladesh increased tenfold, from $23 million in 2006 to $239 million in 2007. What has stayed unchanged is Bangladesh's low position in the various economic indices: Corruption Perceptions Index (Transparency International), Ease of Doing Business Index (International Finance Corporation), Index of Economic Freedom (Heritage Foundation).

Destruction of political leadership

A revealing recent report in The Daily Star, a mainstream English newspaper, found that the government's crusade in business as well as in politics have been aimed at individuals. General corruption has remained unchanged.

Most in the country know, but won't admit in public, that a good number of these individuals have been targeted essentially because various members of the current government at one point or another held grudges against them. The half-a-million arrested by the government essentially represent a political purge, a plan some call an exit strategy, and some, less generous, an election engineering strategy. Why is it election engineering? Because the government has passed laws to declare ineligible to run for public office those whom it convicts, in summary courts and under a suspension of their fundamental rights.

The Rangs symbol

So here we are. After one year, we have a government that has proven to be adept at destroying legal institutions, political systems, and markets, but woefully incapable of creating anything beyond paper value. When you pass by the Rangs building, think of it as a telling symbol of the government's tactics and accomplishments the last year: it targeted things that need to be destroyed, it did no analysis of consequences or alternatives, it unleashed its full force with no due process, and then left the job undone and much worse off than it was before. At Rangs, many have lost their jobs, and workers brought in by the government to destroy the building have lost their lives. But just how many have been killed as the building collapsed, that is, what the human costs of the government's military tactics are – that we will not know, because of intimidation and suppression.


Image  About the author

Comments:
 
14-01-2008 13:07
 
An excellent, incisive and thought-provoking article by Abeer Mustafa. 
 
The dangling "Rangs Bhaban" with its scars typifies a nation and State hanging in suspended animation with its wounds, woes and infliction by a mindless, cruel and ruthless usurper with scant regard for law and justice. 
 
The "Constitution" of Bangladesh is a convenient facade behind which most evil-doers seek refuge. Awami League's "Jalao-Porao" anarchy of October 2006 was purportedly for upholding the "Constitution"; so, was the vandalism of the Chamber of the Chief Justice of the Supreme Court, duly led by Dr. Kamal Hossain, Barrister Amirul Islam and Barrister Roknuddin Mahmood. The Awami League berating and besieging the Offices of the President and Chief Election Commissioner in October 2006 were, again, in the name of the "Constitution"! 
 
While the Avatars of Anarchy ran riot in October 2006, and the safety and security of the life and property of the man on the street were endangered and put to risks, everybody who was anybody advocated with all solemnity that they were seeking the holy grail of the "Constitution" of Bangladesh! 
 
Indeed, what an irony of fate that we are grilled with garbage by these charlatans, and these holy men of our "Constitution" -"Constutional experts" they call themselves self-righteously -go scotsfree in spite of their sordid crimes! 
 
English Constitutional Law, which Bangladesh has inherited and follows, lays it down that the most visible of all Laws, the Traffic Law, is the basic tenet on the application and performance of which all other Laws, mostly documented and beyond ordinary comprehension of the layman, hinge on their efficacy of enforcement. 
 
Therefore, where the roads and public thoroughfare are besieged and become battlegrounds for murder and mayhem on broad daylight, and Public Offices and Democratic institutions like the Parliament, Judiciary and the Election Commission come under attack, and with "Loggi and Baitha Michhil", i9t becomes a joke to invoke a "Constitution" that is respected more in its breach than in its compliance! 
 
Demolition of an asset of the State, that is the "Rangs Bhaban", in the name of the State and its Laws would therefore surmise to be statement on those who want to make Bangladesh a "Dysfunctional" and "Failed" State under any pretext. 
 
Making an "Animal Farm" of a freedom-loving people through a Police State under "Emergency" can not decidedly be anything else other than the Orwellian spectre of 1984! 1/11 represents just that, and the "Rangs Bhaban" rampage stands out as a poignant epitaph on Democracy and Rule of Law. 
 
Abeer Mustafa deserves our plaudits for painting a bull in a China shop with the power of his pen. Mephistopheles can not, after all, be a Messiah! -Nizam M. Selim

 16-01-2008 10:14
 
Good analysis. Also see bbc's news item on Pakistan
which eerily resembles some of the activities of Bangladesh CTG.
 
 
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