Making democracy work
Monday, 28 December 2009
Gopal Sengupta
JUSTICE Nazrul Islam Chowdhury, while speaking at a seminar on December 19 last, observed that many a lawmaker do not go through the texts of the laws before passing them into laws. He rightly highlighted the need on the part of the legislators to seriously discuss the proposed laws, usually drafted by the bureaucrats, in parliament for the sake of safeguarding the democratic interests of the people.
But the State Minister for Law, Advocate Quamrul Islam, reacted sharply to this observation by Justice Nurul Islam Chowdhury. His reaction, as it seems to this writer, is a sort of irresponsible comment on the observations, comments and views of well-meaning people who are genuinely concerned with rule of law and human rights. The minister publicly threatened with actions, censure motion included, against Justice Nazrul Islam of the Bangladesh Supreme Court for the latter's observation that the lawmakers need to critically examine a bill before passing it to be a law. The state minister believes that the privileges of the legislators have been affected by the judge's public observation.
Moreover, the sharp reaction against an otherwise democratic-minded man of letters for his remarks does not reflect any good taste. The minister's comment, as it was reported, was somewhat a distortion of the comments of the judge in question; the latter did not call the members of parliament illiterate, rather he criticised the care-free legislative process through which the laws are usually made in parliament, without the bills -- usually drafted by the bureaucrats -- being adequately examined by the members of parliament. Had all our legislators, the elected representatives of the people, in other words, been a little more attentive to the law-making process, the Jatiya Sangsad (JS), as we tend to believe, would not have made many a law which are undemocratic in essence and therefore fail to uphold the democratic interests of the people. Furthermore, the minister could not convincingly explain how the special privileges granted to the MPs could be affected by the criticism by anyone about the MPs not paying adequate attention to the legislative process they are expected to pay in a democratic polity.
Prime Minister Sheikh Hasina reportedly later asked the Law Minister and the State Minister for Law to be cautious about making any remark on judges. She wanted to know why they had made negative remarks about Supreme Court judge Justice Nazrul Islam Chowdhury. The ministers tried to defend their stand but the prime minister was apparently dissatisfied with their answer, as the reports said.
The progress of a country depends critically on the mindsets and motivation of those who are charged with the responsibility of making the critical decisions in the life of a nation. We would like to note here an equally important area of public policy that related to internal security and law and order. Development and security are truly mutually interrelated. We need, therefore, to evolve a combined strategy to deal simultaneously with the twin challenges of development and security within the framework of a democratic polity, committed to respecting fundamental human freedoms and upholding the rule of law.
Yet, there are challenges that our democracy faces. These challenges arise partly because of the unevenness of our growth processes, the iniquities that remain in our social institutions and the shortcomings, sometimes, of our political institutions. Often these challenges also arise because we are an open society and have allowed freedom of expression to hold dissenting views of varying degrees. This is not our weakness. This is our strength. But in this also lies the challenge that we need to deal and grapple with effectively.
A democratic government has to make a distinction between the genuine and legitimate expression of dissent and disaffection and the manifestations of anti-national, anti-social and anti-people threats to our democratic way of life. There are today many challenges to internal security: criminal activity, extremism, insurgency, terrorism, communal violence and atrocities against women. Our security forces are duty bound to deal with crime and law and order problems, within the framework of clearly explained laws.
Insurgency and extremism, on the other hand, have a political dimension that often requires the political management of a security situation. The challenge of terrorism must be faced squarely and resolutely by all shades of political opinion. There can be no political compromise with terror, no inch conceded and no compassion shown. The people of Bangladesh have suffered a great deal at the hands of terrorists. The government must be resolute in its determination to wipe out this threat to a civilised and democratic way of life.
There are no good terrorists and bad terrorists. There is no cause, root or branch, that can ever justify the killing of innocent people. No democratic government can tolerate the use of violence against innocent people and against the functionaries of a duly established democratic government.
When genuine dissent becomes extremism, there can be no ambivalence about tackling it, even if it be only symptomatic. The different facets of security threats that we face should be recognised. Furthermore, effective policies need to be designed to address them. Our citizens are free to choose the particular brand of politics they wish to follow and they have the freedom to take recourse to collective action to achieve the social, political or economic changes that they desire. But none can be either permitted or expected to resort to violence to achieve these ends or to try and prevent elected functionaries from doing what they are supposed to do. This should be made amply clear in our policy announcements. Talks and negotiations should always be welcomed. We have repeatedly stressed this; we must be ready to talk to any group that abjures violence.
In spite of massive protests locally and internationally, the government of Bangladesh has not taken any significant steps to stop the extra-judicial killings. Either the government is unwilling or it is not capable of stopping such killings. It is time to resist this violation of people's right to life, which now takes place, as it seems, with the government's direct or tacit consent. We urge everyone to take part in active protests to stop such killings and to return to the democratic way of life, as envisaged in the Constitution of the Republic. Currently, the country's Constitution as well as the international obligations that Bangladesh has agreed to honour, are flouted by such killings.
To prevent further killings of activists and human rights defenders and to help avert a new social crisis in the country, the government must take immediate action regarding these matters. Full investigations and judicial inquiries must follow without delay, with a view to holding the perpetrators fully accountable for their crimes and making it clear to all concerned that this pattern of killings will not be allowed to continue. Protection must be given to all persons who are the witnesses to the crimes. The Commission on Human Rights of Bangladesh must play an active role by co-ordinating its work with the National Bureau of Investigation. It must not wait for other agencies to take the initiative, and should consider recommendations to indemnify the families of the dead.
The ministers would, therefore, be expected to concentrate their efforts on observing rules and laws properly while discharging their ministerial responsibilities, rather then publicly abusing democratic-minded people, for upholding the principles of rule of law and human rights. Some people question whether Bangladesh will ever be able to attain its true potential. We have no doubt about this. We are rapidly moving forward. We have faith in ourselves. We have political stability. Our democracy is an example for the developing world.
We are gaining in economic, social and judicial strengths. And most importantly, we have full confidence in our judges. They are our future. We are sure that they will take our country to a new glory. Let us all commit ourselves to working for a golden future. Let us resolve that nation-building activities will be our highest duty. Fear is not the natural state of civilised people. Under a government which imprisons anyone unjustly, the true place for a just man is also a prison.
The contributor is a freelance writer and a student of McGill University, Montreal, Canada. He can be reached at e-mail: gopal.sengupta@mail.mcgill.ca
JUSTICE Nazrul Islam Chowdhury, while speaking at a seminar on December 19 last, observed that many a lawmaker do not go through the texts of the laws before passing them into laws. He rightly highlighted the need on the part of the legislators to seriously discuss the proposed laws, usually drafted by the bureaucrats, in parliament for the sake of safeguarding the democratic interests of the people.
But the State Minister for Law, Advocate Quamrul Islam, reacted sharply to this observation by Justice Nurul Islam Chowdhury. His reaction, as it seems to this writer, is a sort of irresponsible comment on the observations, comments and views of well-meaning people who are genuinely concerned with rule of law and human rights. The minister publicly threatened with actions, censure motion included, against Justice Nazrul Islam of the Bangladesh Supreme Court for the latter's observation that the lawmakers need to critically examine a bill before passing it to be a law. The state minister believes that the privileges of the legislators have been affected by the judge's public observation.
Moreover, the sharp reaction against an otherwise democratic-minded man of letters for his remarks does not reflect any good taste. The minister's comment, as it was reported, was somewhat a distortion of the comments of the judge in question; the latter did not call the members of parliament illiterate, rather he criticised the care-free legislative process through which the laws are usually made in parliament, without the bills -- usually drafted by the bureaucrats -- being adequately examined by the members of parliament. Had all our legislators, the elected representatives of the people, in other words, been a little more attentive to the law-making process, the Jatiya Sangsad (JS), as we tend to believe, would not have made many a law which are undemocratic in essence and therefore fail to uphold the democratic interests of the people. Furthermore, the minister could not convincingly explain how the special privileges granted to the MPs could be affected by the criticism by anyone about the MPs not paying adequate attention to the legislative process they are expected to pay in a democratic polity.
Prime Minister Sheikh Hasina reportedly later asked the Law Minister and the State Minister for Law to be cautious about making any remark on judges. She wanted to know why they had made negative remarks about Supreme Court judge Justice Nazrul Islam Chowdhury. The ministers tried to defend their stand but the prime minister was apparently dissatisfied with their answer, as the reports said.
The progress of a country depends critically on the mindsets and motivation of those who are charged with the responsibility of making the critical decisions in the life of a nation. We would like to note here an equally important area of public policy that related to internal security and law and order. Development and security are truly mutually interrelated. We need, therefore, to evolve a combined strategy to deal simultaneously with the twin challenges of development and security within the framework of a democratic polity, committed to respecting fundamental human freedoms and upholding the rule of law.
Yet, there are challenges that our democracy faces. These challenges arise partly because of the unevenness of our growth processes, the iniquities that remain in our social institutions and the shortcomings, sometimes, of our political institutions. Often these challenges also arise because we are an open society and have allowed freedom of expression to hold dissenting views of varying degrees. This is not our weakness. This is our strength. But in this also lies the challenge that we need to deal and grapple with effectively.
A democratic government has to make a distinction between the genuine and legitimate expression of dissent and disaffection and the manifestations of anti-national, anti-social and anti-people threats to our democratic way of life. There are today many challenges to internal security: criminal activity, extremism, insurgency, terrorism, communal violence and atrocities against women. Our security forces are duty bound to deal with crime and law and order problems, within the framework of clearly explained laws.
Insurgency and extremism, on the other hand, have a political dimension that often requires the political management of a security situation. The challenge of terrorism must be faced squarely and resolutely by all shades of political opinion. There can be no political compromise with terror, no inch conceded and no compassion shown. The people of Bangladesh have suffered a great deal at the hands of terrorists. The government must be resolute in its determination to wipe out this threat to a civilised and democratic way of life.
There are no good terrorists and bad terrorists. There is no cause, root or branch, that can ever justify the killing of innocent people. No democratic government can tolerate the use of violence against innocent people and against the functionaries of a duly established democratic government.
When genuine dissent becomes extremism, there can be no ambivalence about tackling it, even if it be only symptomatic. The different facets of security threats that we face should be recognised. Furthermore, effective policies need to be designed to address them. Our citizens are free to choose the particular brand of politics they wish to follow and they have the freedom to take recourse to collective action to achieve the social, political or economic changes that they desire. But none can be either permitted or expected to resort to violence to achieve these ends or to try and prevent elected functionaries from doing what they are supposed to do. This should be made amply clear in our policy announcements. Talks and negotiations should always be welcomed. We have repeatedly stressed this; we must be ready to talk to any group that abjures violence.
In spite of massive protests locally and internationally, the government of Bangladesh has not taken any significant steps to stop the extra-judicial killings. Either the government is unwilling or it is not capable of stopping such killings. It is time to resist this violation of people's right to life, which now takes place, as it seems, with the government's direct or tacit consent. We urge everyone to take part in active protests to stop such killings and to return to the democratic way of life, as envisaged in the Constitution of the Republic. Currently, the country's Constitution as well as the international obligations that Bangladesh has agreed to honour, are flouted by such killings.
To prevent further killings of activists and human rights defenders and to help avert a new social crisis in the country, the government must take immediate action regarding these matters. Full investigations and judicial inquiries must follow without delay, with a view to holding the perpetrators fully accountable for their crimes and making it clear to all concerned that this pattern of killings will not be allowed to continue. Protection must be given to all persons who are the witnesses to the crimes. The Commission on Human Rights of Bangladesh must play an active role by co-ordinating its work with the National Bureau of Investigation. It must not wait for other agencies to take the initiative, and should consider recommendations to indemnify the families of the dead.
The ministers would, therefore, be expected to concentrate their efforts on observing rules and laws properly while discharging their ministerial responsibilities, rather then publicly abusing democratic-minded people, for upholding the principles of rule of law and human rights. Some people question whether Bangladesh will ever be able to attain its true potential. We have no doubt about this. We are rapidly moving forward. We have faith in ourselves. We have political stability. Our democracy is an example for the developing world.
We are gaining in economic, social and judicial strengths. And most importantly, we have full confidence in our judges. They are our future. We are sure that they will take our country to a new glory. Let us all commit ourselves to working for a golden future. Let us resolve that nation-building activities will be our highest duty. Fear is not the natural state of civilised people. Under a government which imprisons anyone unjustly, the true place for a just man is also a prison.
The contributor is a freelance writer and a student of McGill University, Montreal, Canada. He can be reached at e-mail: gopal.sengupta@mail.mcgill.ca