The New Nation - Internet Edition

Md. Masum Billah

A series of articles and letters appeared in the both in English and Bengali vernacular dailies have appeared since the present government declared to institutionalize a Truth Commission though its exact shape and mode of operation have still seem opaque to many of us. However , it is a democratic process to express the opinion of people belonging to various class and section regarding any national issue and government may collect enough healthy information from those write-ups. I have already gone through half a dozen of articles regarding the issue. Among all the articles the following one under the heading Truth Commission: an impractical Proposition in Bangladesh Context; by H.M. Ershad appeared in the D.S. on October 21, 2007 invited my attention most. President Ershad with heavy experience as a general and as a president advocates that establishing Truth Commission proves to be an impractical proposition in Bangladesh perspective as the very title says. He has taken effort to prove the fact placing some convincing arguments. He wants to say the apartheid phenomenon of South Africa led Nelson Mandela to originate such kind of commission to evade the white people from punishment throwing them into jails. So, this sort of commission cannot be applicable in our perspective. He says, "Having come to power, Nelson Mandela formed a Truth and Reconciliation Commission based on the principle and ethics of Christianity. Catholic Christians who so desire goes to church on Sunday and confess their sin to the priests wanting to be forgiven. The priest advises them to follow the path of truth, shun acts of sin and lead a good life. Nelson Mandela was imbibed by the principles of religion when he formed TRC."Several other countries also followed the theory of truth commission but everywhere with a distinctive and different feature. So, my point is why not Bangladesh can institute it with Bangladesh perspective, not necessarily it would be like South Africa or France style truth commission.

Corruption has been institutionalized in our country under the garb of politics and the head of corruption accumulated which needs the country upside down to reset the whole thing. The Law Advisor has already pointed out that nothing will left if real judgment takes place and the present way of nabbing the businessmen and politicians. The existing gaols of the country will not accommodate them. If almost of all of them are thrown into jails, who will run the business? So, establishing this kind of commission will decide what kind of punishment can be meted out to the corrupt according to the degree of corruption.

In Bangladesh established businessmen contribute significantly to the welfare and economic development of the country. A remarkable number of populations earn their livelihood working in the entrepreneurs of these businessmen. But these businessmen have to embroil themselves in corruption which sometimes can be termed as willing corruption and sometimes forced corruption which they do unwillingly.

Willing corruption occurs when greedy and unscrupulous businessmen want to make unusual profit ignoring the existing rules and regulations of the state. They exploit the government, government agencies and even the workers and staff of their own organizations. They exploit the people, hoodwink the people and do other ways of immoral things to gain their individual ends. Food adulteration, to evade export and import charges, to smuggle goods, to hoard essential things to create artificial scarcity of food and other essential items fall under the category of willing corruption which must be dealt with severely.

Businessmen have to have close link and relations with the government and relevant government agencies which force them to be corrupt. These agencies hardly cooperate these businessmen considering their personal gains and ignoring the country's interest. Forced corruption calls for light punishment.

This commission will unfold a new opportunity to curb corruption in the business sector making the transparency available here. They have been scot-free so long years by dint of their moneyed power and influence and the present move against them and action seems rather tougher inviting and it was quite unwanted and unexpected by them. So, the sky has fallen upon their heads and its adverse effect and reaction has engulfed the whole nation. The success of the caretaker government has marred and paled into significance to uncontrolled swelling of market price.

Truth Commission may work as a sister organization of the judicial department showing the signs of transparency in the business sector as well as give them guideline how to continue their business honestly and avoid the government hurdles created by unscrupulous officials and bureaucrats. Business corruption is created not only by the business community but also government officials and departments and agencies concerned. The businessmen are not wholly or solely responsible for corruption in the business. Giving them punishment throwing them into jail does not prove fare justice always. Truth commission may minimize the matter which the existing judicial system cannot mete out.

The trial under the existing judicial department takes long time to settle any issue. The businessmen who really give commendable economic contribution to the nation cannot afford to wait for long to get justice avoiding their ongoing business which is the heart of our economy.

Whatever country it used as a medium/vehicle of justice, it received benefit but not on the same model. As for caretaker government which stands as a unique example in the globe. Under the same constitutional framework we have formed another kind of caretaker government which works and shoulders different responsibilities proving different from the previous ones. Similarly, the Truth Commission of South Africa might not be replicated but followed.

But the commission to be formed by people of different classes as different section holds different opinions and different suggestions for the business community. So, lawyers, doctors, engineers, teachers, intellectuals can be included in the truth commission.

Though the real shape of the said Truth Commission has yet to be finalized, the government has given hints that the corrupt politicians also will be brought under this commission for curbing political corruption. It also reiterated that the commission will be vested with the power to disqualify the corrupt politicians to participate in the election. Definitely its reasonable punishment for the politicians will give good teaching to other politicians and keep them away to get involved in corrupt activities.It is not necessary that the Truth Commission proposed by the present government might not be based on the same principle and ideals which found its origin in the South Africa. Ershad commented that the case of apartheid convinced him to form the TRC as it proved difficult and almost impossible to try the white people under the law made in the parliament formed under the leadership and guidance of Mandela who had to spend the significant part of his life in prison. It is not necessary to work the same way as some other nations formed the Truth Commission. We can just take the idea but mould it in our own ideals according to the needs of the time and relevant factors our country is facing.