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INTRODUCTORY REMARKS ON THE FOCUS OF THE CONVENTION ON CRIME AGAINST HUMANITY
 
M. Amir-Ul Islam. Co-Convener
 

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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