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People of Bangladesh witness unprecedented atrocities
and widespread political persecution in recent history.
It was unleashed during the pre and post-election period
since October 1, 2001. This cannot but help remind one
of the traumatic experience of 1971. Bangladesh won
its independence at a great sacrifice in the long-drawn
struggle for liberation, culminating in the war of independence
in 1971. Yet the irony is that during 31 years of its
existence, Bangladesh as a state could not adopt a positive
strategy to deal with the ongoing conspiracy to destroy
the very ideals on which this country was born. The
basic norms and values for which our martyrs made their
supreme sacrifice became the target of onslaught, perpetrated
by the forces of intolerance and fundamentalism. It
is the same force which opposed the creation of this
country and in doing so committed one of the worst crimes
of genocide in 1971. The struggle for establishing a
secular, democratic polity, guaranteeing rule of law
and fundamental rights, was seriously interrupted time
and again, by the undemocratic forces, at the behest
of the interested quarter. They are bent upon destroying
the secular and democratic fabric of this country reflected
in the Constitution of 1972. The formation of the four
party alliance and their ascent to power with the support
of some external forces, opposing the creation of Bangladesh
as a secular state in 1971, have once again triggered
violence and atrocities in this country. It is evidently
targeted at the religious minorities and the leaders
and workers of a major political party, who led the
national liberation struggle.
The violence and atrocities such as killing, maiming,
raping, looting and arson, which started during the
caretaker government further accentuated since 1st October,
2001, and continues till this day.
Based on the newspaper reports during 87 days of caretaker
government, there were about 2483 incidents of atrocities
in which 906 were killed and 15,616 injured. After the
assumption of four party Alliance to power several hundreds
got killed, more than thousand injured, about 41,000
tortured and several hundred raped. The figures continue
to swell each day as the reports appear in the dailies.
The state machinery and the police administration have
been made to remain by-standers while the local thugs
and goons belonging to the party in power continue to
perpetrate the crime with impunity. Victims have no
access to justice or redress. It is believed that oppression
would multiply if complaints were made either to the
police or to the press. Even if one would muster the
courage to go to the police, most likely the case would
not be registered. News paper reporters are often threatened,
or subjected to attack, beaten and injured. In addition,
the victims are further terrorized by implicating them
in false cases. This makes almost impossible for the
victims of political persecution to stay at their houses
and villages. As a result thousands of them seek shelter
at the capital or at the district head quarters. Reports
keep reaching from various places that crops from their
field, fishes from their ponds and 'ghers', betel leave
groves and merchandize from their shops were looted
making them economic destitute over night. Since last
week about 250 ward level Awami League leaders including
some Ward Commissioners have been arrested in Dhaka.
About 50 workers belonging to Eleven Party Alliance
have also been arrested. Similar arrests are taking
place all over the country. They are arrested on alleged
suspicion under Section 54 of Cr.P.C. and later detained
under Special Powers Act. People who have capacity to
mobilize public opinion locally in order to resist the
crime are also the targets. They would be either killed
or maimed. If they survive, the goons of the alliance
in power make sure that they leave their localities.
The print media being the main source of dissemination
of reports is under tremendous pressure and persecution.
The arrest, interrogation and detention of Shahriar
Kabir and inhuman treatment meted out to him is only
an instance of the sort. It is perceived by many that
the administration wants to send a message to others
that similar fate awaits them if they do the same in
future. A leading Bengali Daily has been subjected to
series of harassments including suspension of govt.
advertisements. Further its reporters were mercilessly
beaten and injured in many districts. Its power supply
was snapped. The newspaper had to seek Supreme Court's
intervention to restore the connection. Reports are
reaching about some local newspapers in the district
towns having received arbitrary order canceling their
declaration. Local reporters of almost all national
dailies are under severe threat. The targets also include
educational institutions. Various social and even religious
institutions are also made the target including the
Buddhist Shangha, who had to seek Supreme Court's intervention
against an administrative order, superseding the elected
committee and replacing the same by non-Buddhist government
officials. The organizations making video films of the
atrocities have been unofficially blacklisted and also
intimidated.
Bangladesh civil service and police administration,
particularly, the books which determine their terms
of service had a long tradition in ensuring the security
of tenure, in order to enable them to go by the books
as opposed to the orders patently perverse. The security
of tenure in the Service of the Republic and in statutory
bodies has been totally shattered due to serious shake
up caused by indiscriminate, compulsory and forced retirement.
Senior officers who took part in the war of liberation
have thus been got rid of. It was followed by indiscriminate
disciplinary proceedings against relatively Junior Officers
on the plea of alleged participation in 'Janatar Mancha'
(a campaign for rejection of the thoroughly rigged 1996
February polls. In addition, random transfer of officers
at all levels started since July 2001 and continuing
till to date. This made the administration apprehensive,
fearful of the victimization and thus totally demoralized.
In the background of a countrywide persecution against
religious minorities and political persecution such
measures to make the civil and police administration
subservient to a perverse agenda of the four party alliance
in power make the situation so worse not only for victims
who suffer the most but also aggravated already prevailing
lawlessness, and anarchy. Recent instances of the muggers
beaten and burnt alive in the capital's main business
hub in front of the police and hundreds of by-standers
bear a testimony to the state of law and order situation.
There have been a dozen of such instances during the
last 15 days.
All these have given rise to grave concern to all the
right thinking people of this country. Killing, maiming,
torture and rape occupy front lines in the newspapers
almost everyday, while law enforcing agencies are made
to remain inert. Sheer helplessness has led to a growing
consensus that such planned and systematic persecution
and violation of human rights can no longer be allowed
to continue. Out of this realization the campaign against
terrorism has emanated. The worrying symptom appears
to be the growth of a "tolerance syndrome". The threshold
level of tolerance has become so high that even the
countrywide commission of grave offences like killing,
assault, looting, rape, ransack of home and hearth,
perpetrating violence, atrocities and gross violation
of human rights, fail to create adequate responses for
bringing about the required change.
The failure to bring the perpetrators of International
Crime Against Humanity to justice since 1971 is an important
factor which gives rise to the recurrence of the same
or similar crimes against humanity. This also helps
increase the tolerance level and make the society more
crime prone in general. Tolerance level for crime against
humanity is closely linked with the tolerance and/or
indolence of the law enforcing agency and thus the state
either lacking the political will or its machinery allowed
to be abused or compromised for perpetration of crime.
The border line between the two is very thin and soon
disappears. Distorted and perverse political agenda
of the four party alliance in power tends to dominate
the administration. It becomes particularly dangerous
as is evident when an alliance supported by extreme
religious fundamentalist, totally opposed to the creation
of Bangladesh, holds the reign of power. It is significant
that the persecution of religious minorities and political
opponents combined with the campaign for distortion
of the history of the liberation war, change in the
text book for the children, drives the nation to a blind
alley.
The spill over effect of the crimes against humanity
is adversely affecting all sectors of society, be it
education, business, industry, development, economy
and politics. Its impact is felt by every citizen -
in the daily life of a housewife, or a man crossing
the street, a farmer in the village, a day labourer,
a shopkeeper, a businessman or a rickshaw puller, all
having to live under a constant state of insecurity,
uncertainty and helplessness. Where are all these leading
us to - is a household question in this country today.
The object of this Convention is not an exercise for
blaming political adversaries or put one on the denial
or on the defensive. Because we think politics must
be de-linked from crime and crime to be separated from
politics. All crimes in general including the international
crime against humanity ought to be recognized as crime
by all parties and must be condemned and brought to
book for the survival of democratic polity itself. Perpetrators
of crime must be tried and punished wherever they are
found and whatever party they belong to. Purpose of
this Convention is to appeal to every soul of humanity
to pause and think where all these perpetration of violence
and persecution will lead us. Unless we adopt a common
strategy and move in unity irrespective of political
affiliation and religious denomination, the force of
darkness and fanaticism, the thoughtless and the mindless
intolerance will gain upper hand. As a result the people
to whom all powers of the Republic should belong will
become hostage to terrorism. Exposure of the implicit
causes requires a sound analysis of the facts and understanding
of the problems faced by innocent men and women due
to their religious or political faith. We must find
out the cause as to why this keeps recurring in this
region. It needs investigation in order not only to
understand the pattern but also to unearth the conspiracy
against humanity and to find their network within and
outside the country. It will help identify its characteristic,
having regional and global linkage. It is necessary
therefore to look for adopting a comprehensive strategy
and policy planning. It is with the hope that open and
free deliberations of people having common concern for
humanity and with their expertise in respective fields
will be able to evolve comprehensive strategy for stopping
the heinous crime against humanity and take appropriate
measures to prevent it from recurring in future.
It is in the interest of freedom and the sovereignty
of people and for restoring peace and order and to restore
confidence in the minds of every citizen, the perpetrators
of crime against humanity ought to be brought to book
on an urgent basis. Besides the arrest and trial by
setting up a special tribunal for this purpose all steps
be taken including payment of compensation to the victims
and their rehabilitation without any delay. Pressures
from all quarters be mounted for bringing an end to
the crimes and atrocities. It is most urgently necessary
to restore and bring back the confidence and sense of
security among those who have been tortured and violated,
made homeless and molested. It is this sense of urgency,
which leads to the organization of the Convention on
"Crime Against Humanity."
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