The New Nation - Internet Edition

Muhammed Habibur Rahman

In ancient Greece democracy meant direct rule of the people. The city states, where, democracy flourished, did not have more than ten thousand population. Democracy was not held in high esteem by the Greek scholar-philosophers. It was disliked by Socrates, considered as the rule of ignorant people by Plato and judged as dispensable by Aristotle. In the modern world about 29 democratic states emerged by 1926.

We have learnt the hard way in the past 37 years that democracy as a system of governance is difficult to practice. To prevent misuse of democracy and the dictatorship of the majority, the Universal Declaration of Human Rights was adopted in 1948 by the UN General Assembly. Human rights become integral with birth of humans. Human existence and human rights are inseparable unless laws or the constitution of a country provide to the contrary. Because of close linkage of freedom of speech and expression with freedom of press, the latter has been specifically mentioned in constitutions of many countries. While freedom of speech is important, freedom of press has been demanded on legal ground and in the interest of corporate entity.

In democracy, sovereign power rests with the people. The people exercise that power either directly or through their representatives. On the other hand, totalitarianism is a politico- economic system under which the production process, commodity and services are owned and controlled by the collective entity which is regarded as the society and the state. Freedom of action and choice as promoted under individualistic system are contrary to control by the collective organisation or the state.

Democracy can be very much like collectivism if actual political power is vested with a particular group and freedom of individuals is controlled by a public body or the elite. Democracy can act as a shield to persecution and repression just as it can protect human freedom. There are many countries where elections are held at regular intervals but people are systematically subjected to repression. Democracy alone cannot guarantee freedom. James Madison (1809-1817), the fourth president of America said:

"Democracy is always an example of unrest and violence and it always violates individual security and right of ownership of properties. It is short-lived and ends violently."

Politicians and the public media are never tired of saying that the oppressed people want democracy and that only democracy can make the world free and peaceful. It was to save democracy that America joined the Second World War.

We are more or less familiar with the deception used in recent times in the name of democracy. Nevertheless, people in the world frame constitutions, make declaration of human rights and champion freedom of press. Whatever virtues democracy may have, it is not the same as freedom. Democracy can be repressive like autocracy. Elected representatives are expected to be respectful of individual freedom. But it is not always true when it is said that democratic states are relatively peace-loving and conflict averse.

Three imperial countries in the 19th and 20th century, Britain, France and America, were democratic states. In the 20th century though America was not threatened it became involved in more than 200 armed clashes. As a result, hundreds of thousands of people lost lives in Korea, Vietnam, Panama, Granada, Columbia, Haiti, Afghanistan, Iraq, Serbia and Bosnia.

Is democracy indispensable for freedom? For many centuries, in most parts of the world, law and order were maintained without parliament and people's representatives. According to many, for a free and peaceful world what is more necessary than democracy is freedom of individuals and emancipation of people.

In paragraph 21 of the UN Universal Declaration of Human Rights representative government has been mentioned as follows:

21(A) Everyone has the right to participate in the government of his (her) country either directly or through the elected representatives. (B) Everyone has the right of equal opportunity for employment in his country. (C) The foundation of government's authority is the will of people.

This will finds expression through universal and equal right to vote and actual elections held regularly. Election will be held through secret ballot or similar voting procedure.

Article 29 has described the democratic society as follows:

29(A) Everyone has obligations and duties to the society whose fulfillment alone can ensure his free and full development as a person. (B) In enjoying freedom and rights everyone will be subject to those limitations which are determined by law to protect and respect the right and freedom of others and to meet the requirements of morality, public order and common welfare of a democratic society. (C) In enjoying these rights and freedom the basic principles and objectives of UN should never be violated.

International convention on economic, social and cultural rights and the international agreement regarding civic and political rights were signed on 16 December, 1966 in pursuance of Resolution 2200A(21) of the UN General Assembly. These were given effect on 3 January and 23 March, 1976, respectively.

The elected representatives of Bangladesh declared independence of Bangladesh on 10 April, 1971 saying that they would fulfil the obligations and duties bestowed on them as a member of the UN and obey the charter of the UN. Democracy and human rights were a spontaneous battle cry in the war of independence of Bangladesh. In our Constitution human rights have been invoked and commitment has been made for the establishments of a exploitation free society where there will be rule of law, fundamental human rights, economic and social equality, freedom and justice.

Under Martial Law and through the Fifteenth Amendment of our Constitution change was introduced in the preamble of our Constitution which now reads: Full trust and faith in Almighty Allah, nationalism, democracy, socialism meaning economic and social justice, all these ideals will be enshrined in the basic principles of the Constitution.

In the Proclamation it was categorically stated: "We, the people of Bangladesh having declared independence on 26 March 1971, have established the sovereign country of Peoples Republic of Bangladesh after a historic war of independence.

We pledge that the great ideals that inspired our heroic people to participate in the War and the martyrs to lay down their lives will be the basic principles of this constitution upholding full trust and faith in Almighty Allah, democracy and socialism implying economic and social justice. We further pledge that the basic objectives of the state will be to establish such a exploitation free socialist society on the basis of democracy where there will be rule of law, basic human rights and economic, social and political equality and freedom and justice".

Article 8(I) and II of the Constitution mentions about democracy. Combining democracy and basic human rights the Article provides: 'The Republic will be a democracy where basic human rights and freedom will be ensured and individual's dignity and value will be given due respect and participation of the people will be ensured at all levels of administration through representatives.'

On 5 October, 1998 the government of Bangladesh became a signatory to 6 international human rights, treaties and conventions covering economic and social rights and political and civic rights.

Press and public media are not synonymous nor are they complementary to each other. Press does not include public media but public media covers press. Press generally denotes newspaper but printing press also is included under press.

Apart from press, public media includes radio, television, internet, telephone and mobile phone.

Human rights are usually violated by the government.

To protect human rights, through awareness, public media provides information to the public and tries to build resistance against violation of human rights. In Bangladesh it is the public media that reveals instances of human rights violation. Based on public disclosures the High Court sometimes issues Rules against the government to protect human rights.

In New York Times vss Sullies case (1946) Justice William Joseph Brennan of US Supreme Court said, 'Those who are public figures and deal publicly do not have accountability for incorrect statements if that incorrect statement is not malicious or ill considered.' If a journalist has to scrutinize all information and publish the news relating to government after being completely sure of its authenticity and accuracy then that will be a hindrance to press freedom.

In 1990 the Privy Council of Britain gave similar opinion in the case of Hector vss Antigua and Bermuda. Needless to say that if a journalist resorts to falsehood out of malice and sheer negligence or recklessness, then he will get no relief from justice.

Press freedom is not more comprehensive than freedom of speech and cannot claim to have greater concession or relief. Newspapers do not have any special right to get advertisement from government.

But if the government decides to give advertisements to newspapers then it has to do this impartially. Before taking any action against newspapers they should be given a chance to present their views according to normal procedure. Unless there is emergency, pre-censorship cannot be imposed on newspapers.

The courts of justice should also liberally treat criticism in press in order to uphold press freedom as provided in the constitution. Except in special circumstances proceedings for contempt of court should not be initiated in a hurry.

At present newspapers have become attractive for major investments. To the rich and well-to-do, newspapers are like the golden deer. The days when compositors used to toil away, setting pages with letters of lead painstakingly picked up from trays are long over. To-day composition is completed by pressing the mouse in a computer.

The new technology requires major investment. People who have money to make the type of investment may be thought to control journalists. But this is not all true. A newspaper owner cannot act only to further his interest or to earn profit only. He cannot wholly succeed in this however much he tries to enforce his restrictive orders and impose self-censorship on the journalists.

He has to grant minimum freedom to journalists, otherwise his newspaper will not have much circulation.

Readers will not subscribe newspapers if they are not objective and truthful to become trustworthy and acceptable, qualities for which they rely on newspapers. It goes without saying that unless readers like to read a newspaper it cannot survive.

International Labour Organisation (ILO) has identified journalism as a hazardous profession after analysing the life and activities of journalists. The incidence of victimisation of journalists worldwide give credence to this conclusion.

It is the responsibility of the government to give protection to all. There is, however, no special legal obligation to ensure security of journalists. But if a journalist is killed or injured while covering incident of breakdown of law and order then delaying trial for those cases can only aggravate the risky work of journalists.

Freedom House of USA has ranked Bangladesh as third in the scale of world press freedom. In 2001 Bangladesh was second among the three categories of 'free'. As a result of deterioration of press freedom in the country we are now recognised as a country with less press freedom.

Article 19 of the Universal Declaration of Human Rights has laid down that everyone has the right to have opinion and to express opinion. Freedom to hold opinion and accessing information and views through any means, irrespective of the jurisdiction of the state and use and make it available, is part of this right. This right is for all people and not for any particular class or group.

This right is usually due to all people and does not depend on any special status and relations. This is such an enforceable right that people have to be aware of and eager to acquire it. Its violation should be protested vigorously.

Article 3 of Bangladesh Constitution has provided:

Freedom of each citizens to express views and to speak and of press is guaranteed subject to reasonable restrictions as provided under law in the interest of maintaining state security, good relations with foreign countries, law and order, morality and decency or regarding incitement to show disrespect to court or commission of crime.

The unwholesome influence of the 1962 constitution of Pakistan on this Article is to be noted. The list of restrictions in the proviso has unnecessarily been lengthened.

Every journalist is instrumental in promoting and protecting human rights. One of the responsibility of journalists is to inform people about violation of human rights and to work so that they can protect their rights.

As in the case of human rights, for good governance also the role of journalists is very important. Journalists who are experienced in grassroots reporting can make it easy to solve problems by drawing the attention of local administration.

In the developed countries laws were introduced for right to information only 3-4 decades ago. There is provision for supply of information under our normal laws but this is made ineffective under the pretext of maintaining official secrecy. With the introduction of the Right to Information law, press freedom in this respect can now be expected to improve.

Generally, newspapers face threat from the government. When law and order deteriorates, mastans (musclemen) also victimise journalists. The mastans manage to influence national politics gradually through insidious means.

On the other hand, the World Bank has pointed out corruption in the media world also. Of course, all media persons are not corrupt nor do they condone corruption by others. But it cannot be denied that sometimes news are exaggerated or suppressed.

Only one out of 5 literate persons read newspapers in Bangladesh. About 1 percent of the population subscribes papers. Still, the influence of newspapers on society is immense. Because of limited number of literate people, printed words in Bangladesh attain the status of proclamations.

(The writer is former Chief Justice and the Chief Adviser of Caretaker Government of Bangladesh (1996). Translated from Bengali.)