The New Nation - Internet Edition

Coal extraction urgent

THE country is passing through a serious shortage of electricity. The maximum generation of electricity is about 3,500 megawatt against the peak hour demand of nearly 5,500 MW. The demand has to be met through load shedding for which life of the people has become inconvenient. Industrial production is being seriously hampered. Further development of industries have a challenge for the acute shortage of power. The demand for power is increasing every day. It is not desirable that the economy and development of the country will be hampered due to its shortage. So the country is in dire necessity of augmenting power production. But no immediate solution of the problem is in sight.

More than eighty percent of power generation depends on natural gas. But the country at present faces a shortage of 200 million cubic feet of gas against a demand for 2000 mmcfd. The proven gas reserve is estimated to exhaust by 2011 unless new gas fields are developed and added to the national grid. Such an alarming situation underscores the need for quick extraction of coal as the main alternative energy resource that the country has at its disposal. But a debate over coal mining method impedes the process. The debate is on how to extract the coal: through the underground cave method or the open-pit method. An effective and environment friendly coal mining method should be adopted in right earnest. The method must ensure economic extraction of maximum possible coal but surely not at the cost of livelihood of lakhs of people and the environment. Relocation of people and environmental disaster must be avoided as far as possible. The project itself must have built-in arrangements for the rehabilitation of those facing relocation.

For transparent pension posting

A REPORT on "Corruption in Delivery of Public Pension" was presented at the Jatiya Press Club by the Transparency International Bangladesh the other day. TIB conducted a study on the prevailing practices on payment of pension and has identified the bureaucratic channels through which public servants have to obtain the Pension Payment Order (PPO). It is noted that civil servants who remain on job for about 30 years or more are to submit about eleven documents before the Pension Payment Order is issued by the appropriate authorities. They have to show all papers relating to their salary and benefits including medical allowances, dearness allowances, travel allowances and other fiscal benefits. They have also to submit documents on payment of service charges in residential areas, where they lived for different periods and also documents on gas, electric and water-supply bills of residences where they lived.

The law and rules relating to pension are backdated and make pension seekers to go to different places for obtaining clearances. The TIB report has identified some offices which insist upon payment of bribe averaging Taka eight thousand.

It has been suggested that the existing policy and practices on pension should be reviewed for transparency. Harassment of pension seekers and underhand deals have to be removed. One reason way public servants face hassle in getting their pension orders issued after retirement appears to be a general lack of awareness about the papers that they have to preserve during service life to show a clean record on settlement of dues. But the offices that they work for should also give them clearance certificates when they get transferred elsewhere. Public servants have to be encouraged to maintain their own records on salary and benefits including medical allowances, maternity allowances for women employees on a regular basis. The fixation of pension at the time of retirement of public servants should be made easy and transparent.

Is RPO '08 democracy friendly?

Dr. Mustafizur Rahman

The Election Commission (EC) has done an arduous job of collecting and compiling views of a cross-section of concerned citizens and different political parties - small, large, new, old, already registered and un-registered ones. I observed in the very first Election Commission meeting that the views were naturally diverse as different groups, existing parties and conscious citizens wanted to speak from their own positions, not necessarily from the position of general people longing for a serious and rational political system capable of ensuring a national government that serves the people and the state with a committed vision. Whole discussions apparently obsessed the EC with loud demand of non-ruling parties as well as concerned citizens to get away with the influence of money, muscle, abuse of power, party-nomination business, incapacitation of institutions, institutionalized extortion, project hunting and tender grabbing for kickback, terrorism, corruption of all definition under anarchic administration, creation of governments within the Government and finally a parliamentary dictatorship, giving a damn to the general people since before the care taker government was formed in October 2006. Loan default and bill defaults by MPs also surfaced prominently. Many people, including myself, wrote repeatedly in the press about possible solutions and way out, and directly sent recommendations to EC for deeper changes in RPO 1972.

We appreciate EC's bold proposals, but in some cases they seem to have over-reacted and contradicted the people's basic right and dignity which a democracy is supposed to uphold. Here only a few items of concern are touched upon to pre-empt recurrence and aggravation of the past evils.

Restriction on public officials: The final draft recommendations of the EC embodied in the draft amendment of RPO (Representation of the People Order), 1972 and the promulgated ordinance-2008 do have a number of provisions which are likely to have far-reaching effect in shaping our political culture. Mostly welcome by aspirant party-politicians were such provisions as "A person shall be disqualified for election as or for being a member of [parliament], if he has resigned or retired from the service of the republic or of any statutory public authority or of the defense service, unless a period of three years has elapsed since the date of his resignation or retirement," and that the same will apply to an ex-chief executive of a non-government organization (NGO). To put simply, most of them need de-education and re-education for certain years to start thinking of the people, their honor and the society based on the abstruse principle of managing affairs of an independent nation. The provision shall affect the choice of president and advisers, in that the legislature shall elect a president within 30 days of its first sitting, and persons ineligible to be a lawmaker shall not be qualified to be the president or advisers of Caretaker Government as well (as per constitutional stipulation).

Restriction on professional bodies in party politics: The ban on professional bodies, students, teachers and labors working in industries to engage themselves in party politics is necessary and reasonable, which is supported by about 84.54% of the people as revealed in a survey.

Extension of "office of Profit": It may be suggested here that a director or Chairman of a company or an executive of other organizations receiving remuneration or other benefit should resign from office before filing nomination paper. This may be justified by extending the meaning of "office of profit" for the sake of contest on plain field and without probable use of the resources of the companies or organizations a candidate may have influence over.

Loan and bill default vis-à-vis qualification for election: The contesting people are going to be the members of sovereign parliament. They must be honorable and responsible. Loan default and nonpayment of utility bill, without mention of any limit, as conditions of disqualification for being an MP is disrespect to future MPs. EC should not play the role of agents of financial institutions or utility companies to collect their arrears or dues. There are laws which they resort to, to realize their receivables directly or through their appointed or assigned agents on contracts.

Constitution article 66 (2) (b) disqualifies a person who is "undischarged insolvent". If the defaulters can be interpreted as insolvent, they are disqualified. As EC does not have any control on or responsibility for the operation of the financial institutions, their calculation of dues, or wrong or exaggerated billing which may entails legal settlement, EC should not get involved in these commercial matters, but it can take a declaration under the candidate's hand to the effect that he/she did not have failed in clearing his due payments despite not less than three reminders", or the like.

Independent contestant: All contestants must be equal and be on level playing field. The idea of a proof of gaining support of 2% of the voters in the concerned constituency for nomination is definitely not a healthy one, as it is tantamount to a primary election divulging the secrecy of voting, which the EC is supposed to protect. It seems the condition is finally removed, which is welcome.

No-vote: This is an innovative and courageous provision in the interest of the people.

Political party and its registration: The provision of "Registration of Political Parties" is a right one. A political party is a non-profit organization (NPO) or an association with its own democratic constitution containing nothing inconsistent with the national constitution, publicly accounting for its earnings and expenditures, with the exclusive aim of forming and defining political will of the people. Its internal organization must conform to democratic principles. Law may further solidify the role of parties in the political process, and address party organization, membership rights, and specific procedures, such as the nomination of candidates for office.

It is suggested that the party be registered with registration office, such as The Registrar of Joint Stock Company, as a juridical person or body. The number of members must not however be less than 7 to 15 voters as required for registration of any NPO. For election purpose, it shall be registered with the EC giving required documents and names of the members and the elected executive body, legally responsible for all actions of the party. It shall make a declaration to the effect that its members do not include any persons not allowed to be members, nor it has any affiliated or external organization in Bangladesh or abroad. If a party calls or organizes "hartal", general strike, rally, blockade leading to violent actions or obstruction to normal life of any other citizens, the executive council shall be responsible for all damages to public or private properties or rights and shall be punishable or liable to compensate for any such damage, inconvenience and obstruction to rights.

The present provision that a political party for its registration will need to function in at least 10 districts and 50 Upazila or Metropolitan Thana does not reflect sound logic or rationality. It violates the principle of equality of political parties. This idea is probably born out of obsession of the EC with such phrases as 'Dummy candidate", "Name-only political party", "Grouping with non-registered parties", "Trading of polling agent", mushrooming of political parties" and so forth. All these are big-party centric speculations. Democracy must not abandon its very basic implications. Many countries did not have the system of party registration, but experience has taught them the lesson and understanding of the importance of registration of political parties for making them accountable. Britain had as many as about 342 registered parties. Many of them could not survive. Many of our political parties will also face the same fate when members will gradually abandon them in the course of time, changed circumstances, an environment of higher level of education, developed economy and social demand for quality leadership.

Avoidance of Party-State tradition: Many established democracies have evolved their system over time from their bad experiences of financial scandals using loopholes in the earlier practices. More money meant more strength for years, and many parties or individuals could not make their way in the big-party controlled politics that created so-called Party State, which they themselves wanted to change. Different countries have established different system of political funding with a view to reducing the political expense to the minimum. Many took the path of public funding, while others adopted public-private funding. Germany and Switzerland may provide different examples

We must establish a scientific and rational system of party and election financing to eliminate the root cause of corruption most of the old and transitional democracies suffered from.

Cost of democracy and Political financing: Democracy involves political parties and individual leaders engaged in educational functions (formation of political will of the people), requiring resources. Unregulated fund collection by individuals or parties distorts democracy. Laws are established in many countries to ensure that political funding comes from membership dues, small voluntary donations by members and state budget. The parties and independent candidates must report all income, expenditures, and assets.

I strongly urge the Government to adopt this practice with necessary budget allocation in recognition that democracy has a cost. Our EC could not move in this direction because of its lack of confidence in securing such fund from the government in the absence of strong leadership in charge.

It is suggested that any party shall receive public fund in proportion to total votes gained subject to minimum of 0.5 percent of the national vote cast. Any independent contestant shall receive such sum in proportion to the number of votes gained in his constituency. This may be applicable in case of non-party local government votes as well. The political parties and or independent contestant shall receive free campaign advertising on public television and radio stations allotted proportionally based on past election performance. Parties may not purchase additional time.

The EC's recommendation to allow parties to receive donations up to Tk 500,000 (five lac) from an individual, and upto Tk 2,500,000 (twenty five lac) from corporation, and spend upto TK 1,500,000 (fifteen lac) for a candidate is dangerous and alarming for good politics free from money game, in view of our meager per capita GDP of about Tk.40,000. The annual pre-tax remuneration of US president is US$400,000, just 10 times the per capita GDP of US. EC is trying to close a few windows of political corruption just to open wide door for money-politics and legalized corruption not desirable for Bangladesh. EC may kindly review this provision.

Raising fund from individual or corporations must be restricted, but independent members may receive small voluntary donations from voters, provided the amount from any person does not exceed TK.100 in a calendar year. Political parties shall not spend any money for non-party local government election.

As to public fund, every constituency for general election may be allocated Tk. 400,000 for reimbursement, within not more than 15 days after announcement of election result, to the contestants in proportion to votes gained, subject to minimum of 5% votes cast there. This amount shall continue to be paid every year unless the parliament is dissolved. The maximum amount a candidate or the candidate as well as his nominating party can spend for election should be Tk. 500,000 and not Tk 1,500.000.

Such fund of Tk. 300,000 to Mayoral election, Tk.250, 000 to Upazila chairman election and TK. 75,000. Union Parishad chairman election. The Councilor candidates shall also receive such fund as may be determined by law. Fund shall also be allocated for Metropolitan city Mayor (or governor) election will also be allocated fund in consideration of number of voters.

Constitutional amendment for transparent election and serving governments: The issues of public funding for election campaign, handsome pay for elected offices, capacity building of public officials, reducing the number of ministers & Ministries, making the government slim and efficient, making the public administration accountable, protection of national properties, guidance on economic development policies, initiatives for industrialization and technological development, ensuring quorum and attendance in parliament, imposition of responsibility on the government to perform all duties of the sovereign state, revamping of institutions, introduction of people's right of enactment on direct initiative, etc. will need constitutional amendment, repeal and rewriting, without which we cannot overcome the inertia of the last years.

The repeal of Article 70 of the constitution, that was overwhelmingly supported by most politicians, and provisions for balancing power between the President and the Prime Minister were not considered by EC as they might imply constitutional amendment which is a different, serious and highly responsible matter calling for people's verdict in some form or other.

There are many things any political government will find hard to initiate. We still feebly expect, if this government can think of bold changes before it is too late. This may be a hope against hope, but people do not want to give up in despair.

[Dr. Mustafizur Rahman is the Chairman LDS, Dhaka. The views expressed here are of the author's own and not necessarily of the organization he represents or of the newspaper)

Kashmir on the brink

Barkha Dutt

FIRST - since there's no way of putting this lightly - here's how bad it is. Jammu and Kashmir is standing on the precipice of partition. The danger of disintegration is no longer just the lament of worried columnists.

The faultlines of rage running through the state have thme force to rip through its centre and tear it apart into small pieces. And while we are legitimately all hot-faced about why Pakistan is meddling in our problems instead of mopping up its own mess, here's the sad truth. India has only itself to blame for the current crisis. A strange combination of passive inaction and blundering aggression has taken us to the brink, and not even one political party seems to care.

There is, to start with, the impassive and infuriatingly languid response of the UPA. When Jammu and Srinagar were first ablaze with tension, the government was too busy lobbying for its own survival. If even a fourth of the energy that went into saving the nuclear deal had been diverted northwards, perhaps we wouldn't be in this mess today. Instead, the government sat paralysed for more than a week when the Valley first erupted into violence.

And when the new Governor tried to undo the mess created by his bumbling predecessor (by letting the state government take charge of the 40 hectares of land initially transferred to his office), no one thought it necessary to explain the decision to the people of Jammu. It was another month before violence on the other side of the Pir Panjal range shook the Centre out of its stupor. And by this time, the regional divide was complete and the protests on either side had very little to do with land.

Even beyond the alarming delay, the Home Minister and his team have a lot to answer for. Shouldn't the obvious decision have been to start talks with both the separatists in the Valley and the protestors in Jammu? So what if the Amarnath Sangharsh Samiti is peopled by members of right-wing groups like the VHP? Or that some protestors in the Valley question allegiance to India?

Once they become the face of the agitation in either region, the Indian State needs to find a way to do business with them. If there is one thing that the otherwise polarised state agrees on, it is the unresponsiveness of the government.

It may, at first, seem innocuous that the all-party delegation left the Valley without meeting fruit traders who had waited for two hours to get a mere audience. But when you consider that the traders had pleaded for a meeting on the eve of their protest march to the Line of Control, you have to wonder how many more acts of self-destruction we will witness. The Governor has now promised investigations into the use of "excessive force". But surely everyone should have understood that shooting a separatist was only going to be a force-multiplier for further conflict?

The fact is that there was a complete misreading by policy-makers and intelligence sleuths on how deep the anger and alienation is on both sides. The government did not think that Jammu would have the gumption to sustain a violent agitation. Nor did its advisers anticipate that in the Valley, a sea of protestors would move in waves to protest what they allege is an "economic blockade". The Army may have swiftly taken charge and ensured that the national highway is open for trade and traffic, but the mutual suspicion between the two regions is now so acute that fear itself is the blockade.

LK Advani may describe this clash of identities as a collision between 'nationalists and separatists'.

But here's the question. For a party that has always pitched itself as the macho alternative to the Congress' more effete nationalism, and for a man who has cast himself in the role of the 'Ironman' who will keep India safe, don't he and the BJP understand that they are playing dangerously with the country's national interest? The conflict within J&K was always isolated within a geographical context. The pro-freedom voices in the Valley have never found a chorus among Indian Muslims. And we have always cited this as a testimony to our secularism.

We are all ashamed of the forced exile of the Kashmiri Pandits. Still, we have always attempted to see the conflict in the state through a political prism, rather than a religious one. To now mobilise a pan-Hindu anger - over what is essentially a regional conflict (though admittedly tinged by religion) rooted in decades of complicated history and perceptions of discrimination on both sides - is to create monsters that could come back to devour us all. It was Advani who officially dismissed the proposal to bifurcate the state when he was Deputy Prime Minister.

It was Vajpayee who first promised everything within the boundaries of humanity to the Kashmiri people.

History recognises the BJP as the architect of the peace process within the state. But now, every day that extremist anger in either region feeds off the other, it only strengthens the opponent across the border. Does the BJP not see that?

And what of the homespun political groups? In the Valley, there is now a dangerous blurring between mainstream and separatist groups. Their agendas are almost indistinguishable as the state prepares for a volatile and bloody election. But they have a responsibility to their own people as well. For years, they have claimed that their demands are ethnic and political and not communal or religious.

Well then, this is the time to reach out across the divide and prove that. Instead of marching towards the Line of Control, let them march to Jammu. Let them defy the curfew if they must and break down the blockade that stands between their people. They can't always paint New Delhi as the villain and themselves as the victims. Their credibility is as much on test.

Finally, we now know that the Prime Minister can be single-minded about things he cares about. Can he please spare some of that obsessive passion for Jammu and Kashmir? He can no longer leave this to bureaucrats and naysayers within his government. He needs to make an imaginative and personal intervention. Before it is much too late.