A two-day National Convention on Crime Against Humanity was held in Dhaka initiated by the Civil Society of Bangladesh. Eminent scholars, writers, columnists, historians, human rights activists and other professional bodies from all over the country participated in the Convention. It was also participated by more than one hundred victims who were maimed and injured, raped and violated out of whom about 50 came on the stage to relate their traumatic experience of horror and how they survived. A number of noted columnists, writers, human rights activists from SAARC countries and from Europe and America participated in the Convention and made important contribution.
Those who were prevented from coming to this Convention due to the refusal of the visa include Asma Jahangir, special reporter of the Secretary General of the U.N. on non-judicial killing expressed their fraternal solidarity with the organizers of the Convention. The Convention deplores the action of the Government in refusing visa to most of the foreign participants.
Crime against humanity is recognized as crime under ‘International Law’. It includes murders, extermination, enslavement, deportation and other inhuman acts including mass rape committed against any civilian population during war or peace, persecution on political, racial or religious grounds, whether or not in violation of the domestic law of the country, where the crime is perpetrated.
The Convention is aware that Article 47(3) of the Constitution contemplates such law as enacted by the Parliament and to be protected under the Constitution in the following words:
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“Notwithstanding anything contained in this Constitution, no law nor any provision thereof providing for detention, prosecution or punishment of any person, who is a member of any armed or defense or auxiliary forces or who is a prisoner of war, for genocide, crimes against humanity or war crimes and other crimes under international law shall be deemed void or unlawful, or ever to have become void or unlawful, on the ground that such law or provision of any such law is inconsistent with, or repugnant to, any of the provisions of this Constitution” |
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This Convention is also aware of International Crime (Tribunal) Act (Act No. 19, 1973) incorporating the concept of genocide, crime against humanity, war crimes and other crimes under international law; and further recognizes that by incorporating those principles constituting the crimes under international law, Bangladesh accept the obligation as a state to hold trial by asserting jurisdiction to try these offences in Bangladesh.
Crimes must be recognized as crimes regardless of the perpetrators party affiliation or political identity. The Convention also comes to the conclusion that the spill over effect of the crimes against humanity is adversely affecting all sectors of society and retarding growth and development.
The Convention is also aware the international instruments and mechanism including Geneva conventions on the prevention and punishment of the crime of genocide.
The Convention is therefore, of the view of that there is no legal infirmity or inadequacy in taking action against the perpetrators of crime under international law. What is needed therefore is the political will and to have a Government and the state fully committed to its Constitutional commitment and discharge it’s national and international obligation adequately.
The Convention however notes with grave concern that the Government is failing to demonstrate its willingness to take into cognizance of the crimes warranting immediate action in order to bring the perpetrators the book. The Government even fail to comply with direction of the High Court Division to investigate and report on the atrocities committed with impunity without any action, the matter having been before the High Court Division by way of the Public Interest Litigation
The participants attending the Convention expressed their firm conviction that terrorism can be used as a means to subvert the peace and order of the society and in doing so may ultimately subvert the state. It is in all its forms and manifestations is a threat to humanity.
They also agreed that terrorism cannot be justified on ideological, political, religious or on any other ground. Terrorism violates the fundamental values enshrined in the Charter of the United Nations and the SAARC Charter. It constitutes one of the most serious threats to international peace and security. Participants referred to the UN Charter, International Law and relevant Conventions to effectively combat terrorism in all its forms and manifestations.
The Convention Resolves to extend its full support to Article 42 of the Kathmandu Summit Declaration, which reads as follows:
“Para-42"
The Heads of State or Government reiterated their support to the United Nations Security Council Resolution 1373 of September 28, 2001 and affirmed their determination to redouble efforts, collectively as well as individually, to prevent and suppress terrorism in all its forms and manifestations, including by increased cooperation and full implementation of the relevant International Conventions relating to terrorism to which they are parties. In this context, they called on all states to prevent and suppress the financing of terrorist acts by criminalizing the collection of funds for such acts and refraining from organizing, instigating, assisting or participating in terrorist acts in states or acquiescing in organized activities within its territory directed towards the commission of such acts. The Leaders reaffirmed that the fight against terrorism in all its forms and manifestations has to be comprehensive and sustained.”
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The participants after reviewing and sharing the information and listening to the victims of violence expressed serious concern about the widespread and systematic atrocities committed on the minorities, Hindus particularly, and on the supporters and workers of a major contestant in the election i.e., Awami League.
Though the violence started soon after the 15th of July, but the real thrust of it emerged as a pattern which surfaced only after making the local administration, particularly the police, both dumb and numb through arbitrary and random transfer and fear syndrome created in the minds of the police and the entire civil administration at all levels.
This terror was further accentuated since October 1, 2001. A systematic political and religious persecution pursued thereafter by the four party alliance in Government allowing the same to be perpetrated with impunity. Widespread systematic attacks, having consistency in pattern are taking place simultaneously all over Bangladesh, provide evidence of terrorism being committed in a planned and orchestrated manner indicating implementation of a blueprint to change the political and demographic mosaic of the country. It also reveals the motive behind the whole action, which is evidently both political and religious persecution.
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The participants underlined the need for concerted efforts by the civil society activists to mobilize the forces of sanity and conscience for raising their voice against the present spate of violence engulfing the society and destroying the fundamental rights enshrined in the Constitution.
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The Convention further resolves that the Constitution of Bangladesh guarantees all citizens of the country equal rights irrespective of religion, political identity, age or gender, where all powers of the Republic belong to the people [Article 7]. Like any other democracy, the Constitution of Bangladesh reflects its history, hopes and aspirations of the people. In keeping with the spirit of the war of liberation the founding fathers of the Constitution made sure that democracy and secularism should be the two most important pillars of the country’s Constitution. They believed that fundamental rights can be guaranteed only under such dispensation.
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Unfortunately the enemies of the Republic never accepted the reality of a sovereign independent Bangladesh. In 1975 the same force assassinated the Father of the Nation, Bangabandhu Sheikh Mujibur Rahman and his family. The same cabal also had the four national leaders murdered in Dhaka Central Jail. It is the same force which is now perpetrating the Crime Against Humanity.
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The Convention comes to the conclusion that these crimes are perpetrated and orchestrated all over the country at the behest of the Four Party Alliance now in power and that the law enforcing agencies and the administration at all levels are made bystanders, victims and their families having no access to law nor any redress while the entire administration is made fearful of their jobs and posting, due to indiscriminate forced retirement, transfer and arbitrary proceedings drawn on ground of their alleged past political association.
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The Convention strongly feels that the failure to hold trials of those who committed genocide and Crimes Against Humanity since 1971 resulted in the rise of religious and political persecution and made the society more crime prone. The ruling alliance allowed for the recurrence of similar crimes with impunity. If the war criminal partners of the ruling alliance and those who are committing such crimes are not tried under the domestic and international law, it will have adverse effect in the region and will help continue the perpetration of such crimes.
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It is in this context that there appears to this Convention that a definite evidence of systematic commission of crime i.e. killing, maiming, looting, arson and indiscriminate rape of women with impunity has dehumanizing effect on the society at large and causes loss of confidence of every citizen in the present state of governance which is perceived as nothing but a distortion of state power resulting in mal-governance.
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The convention is of the view that in order to save our people and the polity, our rich culture and tradition and to defend the civilization of this region, it becomes imperative to ascertain the actual reasons and identify underlying force and factors and the motives of the extreme force behind these crimes. Only in identifying those forces can there be mobilization of the entire people to be united against the forces of darkness. In this process of deliberation we can forge unity of all right thinking and peace loving people. It is only a determined united people and their voice that can resist and combat terrorism and aggression against humanity.
In the light of the above, this Convention resolves that the civil society has an important role in safeguarding the people and its interest.
Accordingly -
i) This Convention calls upon and demands of the Government that immediate steps be taken by calling a halt to this ongoing violence, repression and terror and to stop political and religious persecution. At the same time, in the interest of justice, sovereignty of the people and for restoring peace and order and confidence and trust in the minds of all citizens, the perpetrators of the crimes, and those giving them shelter and protection, be tried in a Special Tribunal, both under national and international law.
ii) This Convention demands that consistent with the spirit of the war of liberation everyone irrespective of political affiliation and belief, must get together to uphold democracy, secularism and rule of law for establishing Bangladesh as a modern country, “in keeping with the progressive aspirations of mankind”. [Preamble to the Constitution of Bangladesh]
iii) The Convention strongly feels that the Government has failed to ensure the security to life and property and the dignity of the religious minorities in spite of repeated appeals and hence the Government must be held accountable. All political parties and the civil society therefore must come forward in a united manner and demand of the Government by mounting pressures from all quarters to bring an end to the atrocities so that the confidence, trust and sense of security among those who have been tortured, molested, violated and made homeless be restored. All steps to ensure payment of compensation to the victims and their families and securing their rehabilitation should be taken forthwith
iv) The systematic violation against women as tools of political persecution be stopped by adopting a comprehensive and systemic policy for strict law enforcement mechanism having specially trained investigators and public prosecutors, providing gender sensitive education, monitoring the enforcement of non discriminatory law and by developing gender equality culture in every sector of society.
v) The Convention calls upon the people to be united in order to protect the life, liberty, property and the dignity of every citizen of the country. The Convention appeals to the International community to express their solidarity and share the concern with the victims of the crime against humanity
vi) The Convention calls upon the Government to stop the process of political and religious cleansing in all it’s form and dimensions so that the free will of the people can assert and can enjoy their freedom of choice on the basis of free flow of information in an atmosphere of peace and democracy.
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