HUMAN RIGHTS AND THE ASSASSINATION ATTEMPT    25^TH AUGUST 2004

( FOR PUBLICATION ON SUNDAY THE 29^TH AUGUST 2004)

By Kazi Anwarul Masud (former Secretary and ambassador)

The heinous act of terrorism perpetrated on the Awami league meting on Saturday the 21^st August is a repeat of what the Pakistani occupation army did during the midnight of its reign of terror in Bangladesh. At that time the Pakistani blueprint contained the elimination of the Bengali intellectuals to cripple the chances of  quick reconstruction of the country after liberation that was only a matter of time. The terrorist of the other day was aimed at the physical elimination of the most powerful and popular opposition political party’s leadership including its President so that the basic foundation of Bangladesh’s pluralistic society can be irreparably fractured.

Bangladesh has not suddenly arrived at this critical juncture of its perilous existence. This point was a coming for quite sometimes. Societal tolerance of terrorism in different forms, moral degeneration in all most all aspects of society, pervasive lawlessness and governmental inability to take effective counter measures, indifference to foreign criticism and other factors have led to the present state of affairs in Bangladesh.

If one were to chronicle the assassination attempts on the life of Sheikh Hasina one would be amazed at the number of times providentially she escaped with her life including the carnage of 15^th August 1975. One can safely assume that the self-confessed murderers who assassinated the entire family of Bangabandhu Sheikh Mujibur Rahman including his youngest son who was only a child would not have spared his two daughters had they not been out of the country on that fateful day. Sheikh Hasina’s exile ended with her election as president of Awami League in 1981. Since then she has been living a life of constant danger. In 1988 she came under intense police fire in Chittagong that claimed the life of more than two dozen people. In August next year a group of gunmen fired at her Dhanmondi residence. Earlier on several occasions in 1983, 1984 and 1986 she was targeted for assassination. Attempts on her life continued even after she was elected Prime Minister of the country. A big bomb was planted at her meeting venue at Kotalipara in July 2000. In February, April, July and August of this year terrorists attacked her and/or her party leaders.

Public worry centers not only over violent attacks on the opposition political parties but also on a series of terrorist activities including serial bombings at Sylhet, bombings at Jessore Udichi and Ramna Batamul cultural functions, cases of unsolved arms smuggling, attack on a Dhaka University Ladies Hostel at the dead of night by law enforcing agents, constant dread and fear that people live in their everyday life compounded by custodial deaths—all these are slowly pushing the country to the brink of an abyss. People are now demanding guarantee of natural death. It is ironic that a country that gained independence sacrificing millions of lives and reclaimed democratic order after untold sacrifices now has to demand guarantee of natural death from a democratically elected government. How long should people continue to suffer at the hands of this hydra-headed terrorist who dons various identities at different times? How long should people tolerate a government who are incapable of containing intolerance?

What the Awami League was doing on 21^st August was exercising their civil liberty that, interalia, guarantees freedom of speech and freedom of assembly.  If Bangladesh is to consider itself as a democratic country then liberty, as Thomas Hobbes wrote in Leviathan, is to be supposed because no man is free in any other form of government. If democracy is to flourish it must have criticism and if government is to function then it must have dissent. Where the government appears to have failed is in the insurance of civil rights of Awami League by failing to provide equal protection under law and equal opportunity to exercise the privileges of citizenship and otherwise to participate fully in national life.

One can see the events of 21^st August as a violation of the right of freedom of assembly which is guaranteed in Bangladesh Constitution in, as much as, it is protected in, interalia, the First amendment to the US Constitution, the European Convention on Human Rights, and in the Universal Declaration of Human Rights. This right stems directly from the possibility of a democratic government turning itself into a tyranny by refusing the right of freedom of assembly to a disenchanted populace who may wish to voice their angst against the government. This right is inextricably linked with the right of freedom of association, one of the most fundamental of human rights, to enable the creation of political parties and social movements. The Universal Declaration of Human Rights adopted and proclaimed by the UNGA in 1948 guarantees the right to freedom to peaceful assembly and association. This right has an umbilical connection with the articles that declare that all human beings are born free and are equal in dignity and right; and that everyone has the right to life, liberty and security of person. Closely related is the right of freedom of speech that is one of the core civil liberties. The quest for this right is as old as Greek philosopher Socrates who chose to die rather than renounce the right to speak his mind. The First Amendment to the US Constitution puts freedom of speech second only to religious freedom. Beyond its role in the political arena freedom of expression also plays a key role in the development of personality that is one of the ultimate goals in the complete embodiment of societal values.  

If we put aside for the time being the micro analysis of the various rights enshrined in all most all the constitutional provisions and covenants of human rights it can be said that the Universal Declaration of Human Rights (1948) gave human rights a new international legal status. Building on the precedents of Magna Carta (1215) which checked the power of the English King and laid down the principle that the ruler was subject to law rather than be above the law; the English Bill of Rights (1689) which guaranteed constitutional government; the French Declaration of the Rights of Man (1789); and the US Bill of Rights (1791) directed against absolutist rulers; the UNGA Declaration of Human Rights (1948) further expanded by International Covenant on Civil and Political Rights(1966) reiterated the inalienable rights to peaceful assembly and freedom of association with others. It would be pertinent to mention that the UN operates a Commission on Human Rights that monitors human rights abuses in member countries and handles complaints about human rights violations. In 1993 UNGA created the position of High Commissioner for Human Rights who oversees all human rights programmes, works to prevent human rights violations, and investigates human rights abuses. The point made here is that human rights abuses even in relatively underdeveloped parts of the world gain immediate contextual relevance in this age of rapid globalization. The instantaneous condemnation of Saturday terrorist attack by President Bush, Kofi Anan, Colin Powell, Jack Straw, the European Union, and the Indian government reflect: - (a) news from one corner of the globe to another corner travels very fast, (b) the global community’s threshold of tolerance relating to human rights abuses is getting lower by the day and is not necessarily linked with safe guarding selfish interests of the societas of states, (c) Tony Blair’s Doctrine of International Community containing explicit recognition of mutual dependence and national interest of states being significantly governed by international collaboration and Richard Hass’ (till recently senior State Department official) warning that henceforth the US would not look the other way relating to countries suffering from democracy deficit, have to be taken note of.

If the tragic events of 9/11 was a threat to international peace and security inviting decimation of two countries (Afghanistan and Iraq) and regime change therein; then the terrorist attack of 21/8 is a body blow to the democratic construct of Bangladesh. The reported claim of responsibility by Hikmatul Jihad for the attack on Awami League meeting and consequent carnage should awaken the international community to the sad fact that Islamic extremism of al-Qaeda variety may finally have arrived in Bangladesh. Though it may be presumptuous to ascribe guilt to any particular party while investigation is still in its infancy the nature of Awami League being a progressive and secular minded political party which has constantly thwarted the rise of Islamic extremism in Bangladesh the likely hood of it becoming a target of outfits like Hikmatul Jihad having transnational connections can not be ignored. Governmental inability to arrest Bangla Bhai, a religious fanatic, despite order from the Prime Minister for his arrest is allegedly due to diarchic or multi-centric influence wielded over politico-administrative machineries. It is also being alleged that the self-proclaimed killers of Bangabandhu and the national leaders at Dhaka Central Jail could also be behind the Saturday massacre.

Bangladesh economy being significantly dependent on foreign assistance has to be sensitive to the concept of good governance that the donors are increasingly making an essential condition for giving assistance. Donors’ definition of good governance include multi-party democracy; respect for human rights and the rule of law; election of the government with the consent of the governed; its accountability; its capacity to formulate policy, make and implement decisions, and deliver services. International criticism relating to corruption, lawlessness, human rights violations, religious extremism, among others, of Bangladesh do not present a picture of good governance. If Amartya Sen’s description of “development” as being synonymous to “freedom” because the right to development is a basic human right is to be taken as a premise then the impact of 21/8 events on the economic development of Bangladesh is bound to be disastrous. As it is the ever growing political instability and confrontational politics are held responsible for the vicious cycle of poverty entrapping Bangladesh. The latest attempt on the life of Sheikh Hasina is likely to exacerbate the existing political tension.

Bangladesh has reasons to be concerned if the Islamic extremists have brought their war of religion to our doorstep. Indifference to this emerging threat would be fatal. Using these deviants for selfish purposes would be giving life to a Frankenstein. It was only last July that Indian leaders had expressed to US Deputy Secretary of State Richard Armitage their concern “about rising fundamentalist forces (in Bangladesh) and their support for terrorism”. Canadians had expressed their fear of incipient Islamic extremism quite sometimes back. Bush administration has been chiding Bangladesh for her ill treatment of the minority community. Bangladesh authorities had issued routine disclaimers to all these allegations. Under the present context Bangladesh authorities would be well advised to seek international assistance to unearth conspiracy, if any, to destroy the secular and tolerant fabric of our society, and install an Islamic theocracy which would be unwelcome to both Bangladeshis and the international community. Seeking foreign expertise is neither uncommon nor should it impinge upon the good name of our investigators. In any case our constant endeavor should be implacable opposition to any war of religion gaining ground on our soil. Conventional wisdom dictates that religions have too often been used to justify violation of human rights through postponement of temporal justice to divine judgment. This should not happen in the case of Bangladesh.