The New Nation - Internet Edition

Hundreds of thousands of cases have been pending in the courts of Bangladesh for years. The unusual delay in giving the final judgment on a case, and the similar lengthy process spent on its appeal and revision bring no redress to the litigants. The sheer costs of bearing with such a long litigation process is also a serious mater in most cases for the plaintiffs and the defendants. A bill was supposed to be piloted in the last parliament which was designed to speed up the functioning of the courts in general. But it has not been heard of ever since the news of its preparation . A report in this paper sometime ago quoted the Chief Justice as suggesting that lawyers should spend more time in the courts to ease the backlog of cases. While there is merit in this suggestion, it should be obvious to all stakeholders that faster setlement of cases calls for capacity building and systemic changes in the judiciary itself. Reforms need to be specially carried out in different tiers of the judicial system to this end.

Outdated laws, insufficient number of judges and support staff at different levels, burden the country's legal system. Poor ways of keeping and retrieving records in the courthouses encourage corrupt practices. A foreign funded programme to upgrade the judiciary in these respects appears not to have made much headway.

The grave lapses in the legal system were revealed last year in a roundtable in which it was disclosed that 1,028 people in the country had been languishing in jail without trial for two years. This was a stark admission of facts about how severely violated human rights can be in a seting like Bangladesh. The poor are specially and extremely vulnerable to such violation of their basic rights due to their poverty and inability to access the judicial system.

It is also likely that these people are not knowledgeable about their own human rights or do not have financial means to appoint lawyers to move for their release or bail in the interim period till their cases come to courts. Ordinarily, the state should have provided legal assistance to them free of charge to complete the cases against them. . The time consuming adjudication could be for various reasons viz. delay in submiting charge-sheets after proper investigation, the overwhelmed conditions of the courts with too many cases and insufficient legal capacities to try the above cases in time. But whatever the reasons, these unfortunate persons were made to suffer internment and all the sufferings thereof, without a legal basis for the same. Government has been provisioning a legal aid system for the poor to access justice. But it has very limited availability and application which means that poor people generally continue to be very frustrated in having proper access to the legal system.

The interim government has created high expectations by addressing many issues of great significance for Bangladesh and its people. It is, therefore, expected to turn its atention to the very pressing need of carrying out effective reforms in the legal spheres.

KARL Rove, who has often been known as President George W Bush's 'brain' and 'political guru', announced the other day that he would resign at the end of this month. The White House, according to AFP news agency report from Washington, 'confirmed' his impending departure, calling it 'a big loss.' 'I just think it's time,' Rove, who has been linked to the most controversial decisions of Bush's presidency, told The Wall Street Journal of the resignation, which will take effect on August 31. "There's always something that can keep you here, and as much as I'd like to be here, I've got to do this for the sake of my family." But the White House is under strong pressure from congressional Republicans, who see across-the-board losses in next year's presidential and congressional elections unless there is a strategic reassessment of the current course, specially the war in Iraq.

An astute political operator from Texas who has been with Mr. Bush since his Texas gubernatorial campaign of the 1990s, Rove has been under fire since 2003 when retired US diplomat Joseph Wilson claimed he had illegally leaked to the media the identity of Wilson's wife, Valerie Plame, a covert CIA employee. Wilson asserted the leak had been orchestrated in retaliation for his questioning the Bush administration's 'rationale for war in Iraq'. Wilson, it can be mentioned here, wrote in a commentary that the White House claim that Iraqi President Saddam Hussein was trying to purchase uranium ore from the African nation of Niger was 'false'. The claim, made by President Bush in his 2003 State of the Union address, was widely used to justify the subsequent invasion of Iraq. According to media reports, Rove has been widely reported to have played a key behind-the-scenes role in persuading Congress to endorse the invasion of Iraq.

The exit of the master White House strategist created immediate impact on the US politics and media both as Democrats celebrated the resignation of their one-time nemesis Rove, bidding 'good riddance' to him and claiming he was leaving 'under a cloud of scandal'. Rove was the latest key aide to leave President Bush's side, reflecting the US leader's waning powers in the twilight of his second term. Democrats who avenged their string of defeats to Rove only by seizing control of both chambers of Congress last year cheered his departure. In a terse statement Democratic presidential candidate John Edwards said 'Goodbye, good riddance'. Another 2008 Democratic hopeful Senator Barack Obama was also scathing - 'Karl Rove was an architect of a political strategy that has left us more divided, the special interests more powerful, and the American people more shut out from their government than at any time in memory.'

Senate Judiciary Commitee Chairman Patrick Leahy, who subpoenaed Rove in a row over the firing of federal prosecutors, said 'There is a cloud over the White House, and a gathering storm. A similar cloud envelops Rove, even as he leaves the White House.' Influential newspaper The New York Times, on the other hand, called on Congress to pursue its investigation of departing adviser Rove, whom it accused of pursuing 'a ruthless brand of politics as blood sport' The Times editors wrote, 'Congress needs to use all its powers to bring Rove back to Washington to testify - in public and under oath - about how he used his office to put politics above the interests of the American people.'

Nava Thakuria

The media in Northeast has been fighting insurgents as well as the governments since long back. The devoted media persons of Manipur and Asom ( Assam) have taken the lead in accepting the challenge with their greatest zeal. More recently, the media persons of Manipur were threatened by a banned armed group named PREPAK, which was followed by the restriction from the State government in covering insurgency related issues, that might contains subversive outlook. On the other hand, the media persons of neighbouring Asom have been continuously raising voices against the banned United Liberation Front of Asom (ULFA) for its transgression.

The recent episode of threats to Manipur journalists began with an atempted bombing of The Sangai Express, an English daily published from the State capital Imphal on July 31 by the militants belonged to PREPAK (Peoples Revolutionary Party of Kangleipak). Wrapped as a gift package and addressed to the editor, the bomb was delivered to the office of the daily. However, before it was delivered to the editor, a journalist identified it as a mortar bomb and immediately alerted the police.

Finally, a bomb expert of the government diffused the mortar shell successfully. Meanwhile, threatening calls and unidentified intruders prevailed in the office of other daily newspapers named Huyen Lanpao and Naharolgi Thoudang. It is learnt that two opposing factions of PREPAK had threatened the media houses with dire consequences if they publish the statements adorning rivals' point of views. The journalists of the state under the banner of the All Manipur Working Journalists' Union (AMWJU) and Editor's Forum Manipur (EFM) had protested against the diktat and organized demonstration in Imphal. Meanwhile, two organizations had resolved to cease publications of daily newspapers since August 1. Local cable news channels of the state also joined the agitation. The agitating media persons had met the state chief minister O. Ibobi Singh, when he reportedly pledged to ensure the safety of journalists of Manipur.

The International Federation of Journalists has meanwhile condemned the atempted atack on Manipur media. "Journalists have to be able to work free from fear of violence," asserted the IFJ Asia Pacific Director Jacqueline Park. In an e-mailed press statement, Ms Park also argued that the media should be left to do their work freely. "By reporting the situation factually and fairly the media will help build understanding between rival groups, and hopefully help facilitate peace" she added. Reporters Sans Frontiers (Reporters Without Borders) also came with string resentment In a press statement from Paris, RSF said, "We deplore the violence and threats by armed separatists." Manipur is home to nearly 20 insurgent outfits, which are fighting New Delhifor demands ranging from sovereignty to autonomy. Last year, armed cadres of militant outfits shot at Ratan Luwangcha, an Imphal based journalist The militants tried to justify their acts with allegations that Ratan practiced some wrong policies in lure of money. However, Ratan denied that allegation strongly.

In the meantime, the Manipur government had enforced a ban on the publication of news and articles with the line of militants' propaganda. The state Home department issued the order on August 3 preventing publication of news items those may pose 'threats to the country's integrity'. It also forbids publications of articles smelling threats from the banned outfits to any individual.

The Journalists' Forum, Assam (JFA) has strongly condemned the combined threats to the media in Manipur from both official and unofficial quarters. The forum of working journalists in neighboring Asom, expressed its whole-hearted support to the Manipur media which is in the line of fire from both the militants and the government In a press statement, issued by JFA president Rupam Baruah, the Forum stated that in a democracy 'the media is responsible for and accountable to only the general public'. Even in a conflict situation, like the one prevalent in Manipur, this basic tenet of journalistic ethics does not allow media outlets to peddle views favouring one party and harming the other, added in the resolution.

"This is exactly why, the atempted July 31 bomb atack on The Sangai Express and the August 3 Manipur Government order banning publication of what it calls any propaganda of unlawful or militant groups, are simply a move to throtle democracy itself," added the statement At the same time, the journalists under the banner of a trust in Asom had organized a memorial lecture, sixth in a row this year, to commemorate the death anniversary of an Asomiya journalist Kamala Saikia, who was killed by ULFA militants in 1991. Organized by Kamala Saikia Memorial Trust on August 9 in Guwahati, the memorial lecture was delivered by Haroon Habib, a senior journalist from Dhaka (Bangladesh). Mentionably Kamala Saikia, who was then 65 years old, was dragged out from his residence at Dikhoumukh in eastern Asom by the militants on the night of August 9 and next day his injured body was recovered in a nearby paddy field.

The veteran teacher-journalist was brutally tortured before being killed. ULFA leaders were angry with Mr Saikia for a series of articles condemning the group for alleged misdemeanors and, which were published in a number of prominent Asomiya dailies. The thought-provoking articles received applause from the common readers, but those turned irritating for the militant outfit They came to him time to time and asked him to stop writing against their activities. But the brave journalist did not bow to their diktat and paid the supreme price.

Dr. Asma Siddiqua

(From previous issue)

The Government should take initiative to establish an independent Human Rights Commission. The jail situation in the country is beyond description. It is difficult to follow the provisions of the jail Code strictly due to overcrowding of the jails. A commitee may be set up to study and recommend necessary reforms, amendments, or overhaul of the institutions and laws guiding their performance.

Intolerance: The political culture in Bangladesh is charaterised by a very high degree of intolerance towards views, opinions and actions that differ from one's preferred political party. Yet there are instances when these biter rivals agree and make collective decisions with surprising ease. Political leaders in Bangladesh have shown strong solidarity in some areas, which the common people wish they had not Even in the boycoting sessions of Parliament, members of the opposition shown up for passing bills to increase their own salaries and allowances and there was great unity in accepting perks to import expensive cars without having to pay import duty on them. Politics has become intransigent An honest criticism is looked into with rancour. There is litle opportunity for meaningful exchange of ideas and information let alone debate on burning national issues. Bangladesh pledges democracy but in power it remains authoritarian. The opposition views and opposition parties have always remained unheard and unnoticed. They demonstrate on the street, but their voices are not respected through implementing their views. The media are often controlled by the ruling party. No government so far has shown any enthusiasm in including the opposition in a process of consensual policy making. When politics becomes confrontational, partisanship becomes intense. It leads to immunity for the party followers even for their worst excesses and corrupt practices, and encourages them to acts of vengeance on the opponents. Intolerance among political parties may arise from a sense of distrust, insecurity, misunderstanding, greede corruption or even for losing touch with reality. Intolerance and corruption is also a result of abuse of democracy. Tolerance is a binding principle and rule of law is an instrument of democracy. There is a need to undertake a thorough review of government policy to make serious atempts for power balance between the party in power and the opposition.

Public awareness and belief: The people of Bangladesh are accustomed to struggle for the cause of the country but they are to a great extent unaware of the appropriate role of a citizen to prevent social chaos or corruption. There are many sections of people in Bangladesh to whom knowledge and practice of democracy are not clear. The hard working poor people remain engrossed in their daily livelihood specially the majority of rural people. The role of newspapers, radio, television and other mass media can play a significant role to create awareness among the public. The majority people of Bangladesh is loyal to socio-cultural and religious belief. The concept of democracy needs to be examined in the context of the socio-cultural and religious belief of the majority of the people. Bangladesh is overwhelmingly a Muslim populated country. Islam and democracy are compatible. Many democratic features and institutions are in conformity with Islam. A number of democratic features like participation, representative Parliament, consultation and debate, voting, human rights, popular government, welfare activities, accountability are also the potential features of Islamic political ideology. Realising the importance of Islam, an amendment was made by which Islam as an ideology was incorporated in the Preamble of the Constitution. All later governments maintained the amendment without any modification. The Imams of the mosque, religious teachers, social workers of different communities, etc. could be trained to create democratic awareness or rights and responsibilities of citizens among the public along with the media. Democracy and rule of law would be more effective and understandable to the mass people if awareness programme is conducted keeping in view of the socio- cultural and religious belief of Bangladesh. This will change the character of politics in the real sense as the focus of power will shift to the people who alone will elect the legitimate government

Democracy is neither the best doctrine nor is it a perfect system, yet it is the best system so far invented by mankind. Democracy as an institution is still fragile in Bangladesh. Over the last three decades Bangladesh has witnessed several political tumults. The poor state of democracy in Bangladesh could not make use of the potential of its hard working people. The strength of democratic ideals have waxed and waned in Bangladesh and the political parties so far exploited the ideals of 'rule by the people' to legitimate their power: If fair candidates are chosen as members of Parliament, it is obvious that they will fight corruption, encourage the public to reject and hate corruption, and provide legal and judicial protection to individuals and institutions involved in fighting corruption thereby support the development of democracy. Such person shall fight against injustice, forceful eviction and all wrongs.

An independent judiciary is an indispensable requisite of a free society under the rule of law. Independence of judiciary means that judges are in a position to render justice in accordance to their oath of office without submiting to any kind of pressure or influence. The present stand of the government will provide separation of the judiciary from the executive but it should also ensure its full independence. The judiciary is beyond comparison with any other organs of the State. There will be no liberty if judicial power is not made independent The provision regarding appointment of higher judiciary must be reviewed. Alternative institutions like. Ombudsman and Human Rights Commission should be established. This will give more breathing space both to the overburdened judiciary and the public.

Politics is an art of compromise. Democracy falters if the political parties do not return for what they have earned. Mutual exchange, compromise, dialogue, understanding are the merits and force of democracy. When the political parties fail to draw a rule of the game of politics democracy hinders. Ambition, avarice, personal animosity, party opposition, and many other motives, are the characteristics of political parties. Human shortcomings will always lean on general politics and morals. But other qualities of human nature which has a rational dimension pointing towards freedom, peace and security must be nurtured. That has to be forced upon by the government by amending the laws on election and some other laws which are opposed to rule of law. For the same reason Ordinance making power of the President should be reviewed. Fair candidates are supposed to be more rational than candidates swept away by greed. People should not be punished for opposing the government Public opinion should be allowed to assess national opinion on government proposals and particular events. Tolerance in political activities should be encouraged. The people of Bangladesh want the present government to remain focused on the delivery of democracy. The means to deliver should be sharp and on target It should be borne in mind that means should not threaten the end.

Democracy in true sense will be achieved if men of unimpeachable integrity and character, fearless, thoroughly impartial and not purchasable at any cost come up to uphold rule of law. Rule of law is neither a rule nor a law, but a persuasive guide for the legislature, executive and the judiciary to mitigate the theoretic deficiencies in the Constitution, and mould it into a living democracy. Democracy for Bangladesh should be a democracy based on its socio-cultural and religious beliefs, for which the Government will take initiative to make all sections or people aware or it, and it will be acceptable to all.

(Concluded)