|
EDITORIAL
Judiciary: People's expectations
With the separation of the Judiciary from executive branch a long-cherished aspiration of the nation has been fulfilled. The country's Constitution --- as it was in 1972 --- enshrined independence of the Judiciary. The people's desire was to have a just and equitable government where an independent judiciary acts as the custodian of the Constitution. But the Constitution (Fourth Amendment) Act, 1974 destroyed the consecrated objective.
As all are aware, multifarious snags persist which have to be overcome. For instance, a total of 218 judicial magistrates, supported by 1,043 staff members and burdened with a backlog of about four hundred thousand criminal cases (another estimate puts the figure at about ten million), began functioning independently in all the 64 districts and four metropolitan cities of the country.
Above and beyond, the administration of justice delivery system in the country is protracted and time consuming. More importantly, it is hardly affordable in a country where over half the populace are poor. Now about prolongation; by and large a case takes about 10 to 20 years on an average from date of filing to date of judgment. As the adage goes, delay in justice is tantamount to its denial, so public confidence in our legal system is dwindling. Again, a district court judge has too many functions: he is the administrator of the district court; and hence he is responsible for supervising, scheduling and delivering decisions.
In this country quite a few legal reform committees and commissions have been formed since 1947. The recommendations (both legal and administrative) of those committees and commissions include: to create Judicial Ombudsman, Commercial Courts, setting time limit for disposal of both civil and criminal cases.
Here we may suggest the creation of a judicial ombudsman who is a public official who acts as an impartial intermediary between the public and government or bureaucracy, or an employee of an organisation who mediates disputes between employees and management. The Swedish legislature first created the position of ombudsperson in the early 1800s; the literal translation of ombudsperson is "an investigator of citizens' complaints." This official was considered to be a person of "known legal ability and outstanding integrity" and was chosen by the Swedish parliament to serve a four-year term.
An ombudsman may be constituted to receive, probe and settle judicial complaints. Besides, the Bar Association can open an information centre so that justice seekers do not become victims of injustice. In a word, independence of judiciary depends on how much the judges are free and can keep them above influence. These are the observations of senior lawyer Dr. Shah Din Malik who feels that it will take some months to see how much can the independent Judiciary execute the dreams of the people into reality. Judicial Service Commission, in addition to recruiting judicial magistrates, may settle judicial complaints. Among various problems persisting in this state organ one is the huge number of pending cases in the courts of the chief metropolitan magistrate and the district judges.
To refresh our memory, about a year ago Northern Ireland appointed its first Judicial Appointments Ombudsman who will investigate complaints where maladministration or unfairness is alleged to have occurred during the judicial appointments process. The Courts Service said the Ombudsman would have a vital role "ensuring the integrity of the new framework for judicial appointments".
The Judiciary is independent where the judges are in a position to render justice in accordance with their oath of office and only in accordance with their own sense of justice without submitting to any kind of pressure or influence, be it from the Executive or Legislature or from political parties or from any other quarters. If there is any scope of interference or influence by the Executive in the process of selection or appointment or elevation of the judges, independence of the Judiciary is likely to be at stake.
And last but not least, the paramount conduct for judges would be to remain accountable to their own conscience.
 ^ TOP OF THIS PAGE ^ MAIN PAGE
SINO-RUSSIAN AXIS
SCO: New alliance in the making
Meena Singh Roy
The Shanghai Cooperation Organisation (SCO) is gradually gaining clout and influence in the Central Asian region and attracting international attention in the process. The regional security architecture changed significantly in 2005 after dramatic events in Uzbekistan and Kyrgyzstan followed by the withdrawal of American military base in Uzbekistan. This provided the SCO a new geopolitical role in the region. Since then its profile has been increasing. The grouping provides Russia and China a forum through which they have been successfully increasing their leverage in Central Asia.
On 16 August 2007 the seventh annual SCO summit was held at Bishkek. This was a significant event not only for the host country Kyrgyzstan, but for the region as well. Chinese President Hu Jintao, Kazakhstan President Nursuitan Nazarbayev, Kyrgyzstan President Kurmanbek Bakiev, Russian President Vladimir Putin. Tajikistan President Emornali Rakhmonov and Uzbekistan President Islam. Karimov attended the one-day meeting. President Nambaryn Enkhbayar of Mangolia and President Mahmoud Ahrnadinejad of Iran participated in the meeting as observers. The other two observer states were represented by Foreign Minister Khurshid Kasuri of Pakistan and Minister of Petroleum and Natural Gas Murli Deora of India. As a guest of honour President Hamid Karzai of Afghanistan, President Kurbanguly Berdymukharnedov of Turkmenistan and UN Deputy Secretary-General Linn Pasko also attended the summit.
The summit concluded with SCO member-states signing a treaty on good-neighbourly relations, friendship and cooperation and the Bishkek Declaration. The six leaders approved the action plan of the member-states on ensuring International Information Security (IIS). The agreement on cooperation in the field of culture was also signed. A set of 10 documents were adopted during the summit.
Contrary to earlier speculations, none of the SCO member-states raised the issue of the US military base at Manas airport near Bishkek. At the top of the agenda was improving transportation and energy links between the member-states. The leaders reiterated the importance of energy cooperation among members and agreed that energy cooperation is the basis for 'sustainable economic growth and security'. Most significant was the proposal of Nazarbayaev who said that SCO states should proceed to form 'an energy club'. He also hinted that 'a mechanism of meetings of energy ministers from the SCO member and observers might become one of the main elements of an Asian energy strategy.' SCO leaders also agreed to create a 'unified energy market' to facilitate movement of' oil and gas supplies among members. An agreement on cooperation between the Business Council and inter bank association was signed to boost intra-group economic cooperation.
SCO leaders also emphasised the necessity and urgency of taking precautionary measures and establishing relevant mechanisms to tackle threats against regional peace, security and stability. They agreed to step up efforts to crack down on illegal immigration, drug trafficking and terrorism. The declaration said 'stability and security in Central Asia can be ensured primarily by the regional states themselves, through existing regional associations'. Highlighting the Group's increasing focus on security, Putin said 'year by year, the SCO is becoming a more substantial factor in securing safety in the region'. He emphasised the need to create a 'counter-terrorism security belt' within the SCO framework.
The issue of 'illegal interference' in the affairs of other countries was raised by Ahmadinejad, who criticised the American strategy in the Middle East and held that (the) US had 'imposed a new political map in (the) Middle East'. He emphasised that SCO is an organisation that can promote stability. Putin also called for an end to the present unipolar approach to international affairs. Karimov drew the attention to the growing tensions among the SCO member-states over water resources and warned that such a situation could bring about a conflict among the Central Asian countries. The Bishkek Declaration also talked about the necessity of preventing the deployment of weapons in outer space, use of force or threat to use force against space-borne facilities.
The summit highlighted the need to fight terrorism and singled out the negative regional influence of Afghanistan's illegal drug trade. Both Putin and Hu Jintao assured Karzai of their support and willingness to help rebuild a shattered Afghanistan. The proposal for holding a special SCO summit to plan a reconstruction strategy for Afghanistan came from Putin.
This meeting was conducted amid speculation of further expansion of the bloc by bringing in at least Turkmenistan, if not others. However, there was no move to widen membership beyond the current six despite repeated calls by observer countries like Iran and Pakistan for joining SCO. The Turkrnen President Berdymukhamedov said that the prospect of the UN opening an office on preventive diplomacy in Ashgabat will allow his country to actively cooperate with the SCO.
The SCO leaders pledged to deepen cooperation with the Commonwealth of Independent States (CIS), the Eurasian Economic Community (EEC), and the Association of Southeast Asian Nations (ASEAN) on the basis of current memorandum of understanding. Rakhmonov proposed merging the group with the Russian-led Collective Security Treaty Organisation (CSTO).
Even as the summit opened, an important SCO military exercise was nearing completion not too far away: 'Peace Mission-2007', the first SCO military drill, was taking place in the southern Ural mountains of Russia. All member-states participated in these war games. The nine-day joint military exercise began on 9 August and ended 17 August. SCO leaders attended the final day of the drill. The anti-terror military exercise was an impressive display of combat skill and firepower of Russia, China and four Central Asian countries.
So far SCO has preferred to project its security interests mainly limited to regional terrorism. It was for the first time that six leaders of' the bloc watched the war games and manoeuvres as part of their annual summit. The exercises involved 6,500 soldiers, including some 2,000 from Russia and 1,700 from China with smaller company-size units from Kazakhstan and Tajikistan, a special police platoon from Kyrgyzstan and a team of 2O Uzbek military officers. Around 500 combat vehicles, 80 aircraft from Russia and China, such as llyushin 11-76 transport planes, Sukhoi Su-25 Frogfoot ground-attack jets, JH-7-A fighter-bombers, JG-9-W and Mi-17 Hip helicopters were involved in the military exercise.
Prior to the war game, the chiefs of general staffs of SCO states held military-political consultations in Urumqi, capital of northwest China's Xinjiang Uygur Autonomous Region. It is important that the war games coincided with Russian air force's manoeuvres involving 20 strategic bombers that flew over the Atlantic, Pacific and Arctic oceans. This needs to be seen as a response to the relocation of Nato forces on Russia's western borders. In past few years Nato has expanded to include the former Soviet republics of Latvia, Lithuania and Estonia as well as the Czech Republic, Hungary and Poland. It was yet another attempt at power projection by Moscow.
Some Russian defence analysts are of the view that as Moscow's relations deteriorate with the West, it is trying to have more allies and is building the SCO to counterbalance Nato. Last December Russia's then defence minister, Sergeilvanov publicly voiced the hope that the SCO would fully align itself with the
Collective Security Treaty Organisation (CSTO). However, the Russian Deputy Foreign Minister, Alexander Losyukov, said that the exercise was not aimed against the United States; and Liang Guanglie, chief of the General Staff of the Chinese People's Liberation Army, said 'it does not concern the interest of any third party nor make threats to any country'.
The SCO can be seen as a new geopolitical arrangement emerging in international politics. The significance it has acquired over last few years makes it an important and promising regional organisation. Some observers view the SCO summits as becoming increasingly influential and the alliance turning into a prestigious regional club with global ambitions. Other analysts describe SCO as eastern response to Nato. Russian media has gone to the extent of calling it 'Warsaw Pact II'. Russian daily Izvestia called the SCO 'the anti-Nato'. However, the SCO officials have said that the organisation is in fact 'pretty rudimentary'.
The Bishkek summit and Peace Mission 2007 is a clear manifestation of growing Sino-Russian axis in the region, at least in the short term. Both these events are also projection of their growing military and political influence in the region. The western media reports have expressed the view that the Sino-Russian 'strategic partnership' is aimed at counterbalancing Washington's policies. As both China and Russia 'share a heightening distrust of what they see as the United States' oversised role and influence in global politics'.
However, the current Moscow-Beijing axis, which can be seen emerging in the region, may not fructify. The two have different objectives and there is also a tacit competition for power at the global level. Therefore it remains to be seen how long this axis will continue.
SCO emphasis on energy cooperation places its economic interests over its political concerns. Major projects in gas, oil, and hydropower cooperation are likely to address the interests of China, Russia and Kazakhstan. However, despite the focus on energy, the organisation does not seem to be interested at least at this point in dealing with the existing energy problems of other member-states such as Kyrgyzstan, Tajikistan and Uzbekistan.
The SCO has surely helped China and Russia to significantly increase their influence in the region. However, the relevance and viability of SCO as a multilateral body would depend firstly on how it evolves in the next 10 years. Secondly, on how long the Sino-Russian axis will continue. Thirdly, to what extent the smaller Central Asian countries will continue to cooperate with Russia and China, while their important issues like management of water resources, ethnic and environmental problems remain unaddressed and priority is given to larger economic and strategic interests of China and Russia.
Meena Singh Roy is a research scholar at the Institute for Defence Studies and Analyses, New Delhi.
- Source: asianaffairs.
^ TOP OF THIS PAGE ^ MAIN PAGE
VIEW POINT
Political game with climate change issue?
Taslima
The UN body IPCC's Indian head, R K Pachauri, gave a rather loud lecture this month at an Asia conference in Delhi in which Bangladesh was made out to be a complete joker in the pack.
Considering the fact that hundreds of millions were affected by disastrous floods in India and the rioting, terrible problem of management of the crisis, disease, food shortages, hunger in the last few months in his own country Mr Pachauri gave a glowing picture about India's wonderful ability to cope; this was contrasted by the helplessness in the neighbouring country. Pachauri suggested that India must intervene in future.
The fact is, in a major disaster even countries like UK find it difficult to cope as was seen in Britain during summer floods this year. The American experience is just too terrible.
Bangladesh's ability, skills
Bangladesh in the last few months did show its excellent ability and skills in coping with the crisis and the world knows and acknowledges that fact. Many in the international community whisper that Bangladesh should intervene and help India in case of any natural disaster.
Apparently Pachauri's (and Indian) intention is that the UN and Western nations route all international aid on Climate Change through India. However, persons like Pachauri should be cautioned by the international community or else Asia may face difficulties. Since Climate Change will become the most challenging issue to hit mankind for a 1,000 years, India is playing another political game to gain power as is the wont of that poverty stricken nation.
You must have seen how in India is loud about Mahatma Gandhi but not telling us how the Mahatma was killed by a fundamentalist RSS Brahmin Hindu fascist, at a critical juncture. The West loves fairytales with an alien mystical slant, and India is plying them.
Now at the ensuing Climate Change conference in Bali in December Pachauri has threatened (ed. to www.bdnews24.com): "I am going to focus on Bangladesh. People don't know what is happening there." The Indian person and perhaps the Indian government too, have been pushing international community to make Bangladesh a disaster zone ripe for a UN management through India.
Some people in Bangladesh's charity collecting community, known as NGOs, will be delighted with Pachauri's efforts in the hope that they can make some money. It is already known that some NGOs in Dhaka are excited and are lining up to make Pachauri a 'hero' of Bangladesh.
It is hoped that Bangladesh Climate Change delegation will go to Bali conference armed with facts about India, etc. They should make it clear that Pachauri and his fellow men are playing a political game with the climate issue, and should see that the rich and effective Asian nations like Japan, China and South Korea understand the game. Indians in the employment of the international agencies must work in the interest of international good and should not be motivated by their government.
India is trying to gain respect but her economy is smaller than that of Mexico's, and contain 35 per cent of the world's most destitute humans! In a desperate bid for recognition the Indians are trying to play a dangerous and naive game to create a barrier between nations, and playing one over the other: a classic case of "Divide and Conquer".
India's relationship is poor with all her neighbours. Even Hindu Nepal and Buddhist Sri Lanka have an intense distrust of all things Indian. Bangladesh must brief and inform all friendly nations in a self-confident and self-respecting manner backed by factual evidence.
Also the government and Bangladesh Climate Change pressure groups must cooperate and ensure that India doesn't make a fool of Bangladesh under any agenda.
If the information is invalid please correct me. If not, please ensure that all Bangladesh policy makers are alerted as a matter of urgency.
^ TOP OF THIS PAGE ^ MAIN PAGE
LETTERS
Zakat: Let the poor smile
Dear Editor:
Every Eid brings two types of feelings: Joy and sorrow. One section who are well-to-do enjoy the Eid with joy and merriment cooking foods like Semai, Jorda, Polao, Korma and many other delicious dishes for the family and the guests.
Preparation for the Eid goes on for the whole month of holy Ramadan in most of the rich families buying panjabee, pyjama, saree, shoes etc. for the family members and relatives. On the other hand a gloomy, dismal situation is seen in the huts of the poor who passes days throughout the year half fed/unfed.
This state of situation made one of the philanthropists of our village came to help the poor of our village Balia, Hajigonj on the Eid day. The first step was collecting the numbers and names of the poor families of the village and then making packets containing semai, sugar, milk, fine rice, mugdal, oil and in separate packets saree and lungi. These packets were distributed among the people listed earlier. Holding the packets they go home with broad smiles all the way with a feeling to cook themselves in their own huts.
Their children now need not have to visit others' house and ask for Semai and Jorda. The smiles that we have seen in their faces gives us a heavenly feelings of joy. The contents of the packets are sufficient to feed the family for two/three days.
Readers now imagine: if we can do the same thing in all our villages we can make every half fed/unfed to have a bite of Sernai, Jorda at least on Eid day. Allah made 'zakat' compulsory on all rich Muslims.
Almighty Allah loves those who love the poor.
M.A. Alim
Ex. Banker
42/B-1, Indira Road
Dhaka.
CAAB staff's harass travellers at ZIA
Dear Editor:
Air passengers travelling abroad have to get all of their baggage including hand baggage X-rayed at the entry point in the terminal building at Zia International Airport (ZIA). However, as a further precaution once again the carry-on baggage are screened at the boarding point in the departure lounge, lest if any of the unscrupulous employees try to take undue advantage and send restricted articles through any one of the passengers, though such chances are very remote. So far so good, and the procedure is praiseworthy. But it is not all that simple as it sounds.
The security staff at boarding point of the CAAB get tough with the passengers resulting passengers have to leave behind many of their articles. Passengers at that point, just prior to boarding the flight, remain tense and worried lest their journey is marred by the security staff who simply pose as authority and impose their own rulings and sometimes be able to bring the passengers to come to their terms.
The million dollar question is if the same objections are raised at the entry point then the passenger can exercise his discretion. Either he will pack those inside the checked-in baggage or pass those on to his relatives who usually accompany him up to the Airport to see him off. The second check at the boarding point is supposed to be more of a formality only. Ordinary passengers feel the pinch when they have to part with some of their belongings.
To avoid the above I suggest the following:
List of such restricted articles should be circulated to all the passengers by the Airline/Traveling Agent. Besides the list should also be prominently displayed in bold letters at the door panel of the entry gate.
A passenger known to me by the name Mohammed Hussain who travelled to K.S.A. by EK 583/ 01st Nov on employment visa via DXB phoned me up from the Zia Airport to inform that all his cocoanuts that he was hand carrying for his elder brother in Dammam were taken away by the security staff at boarding point.
Please streamline the procedure and make their journey hassle free and stop such deliberate exploitation by the security staff at the airport.
A frequent traveller
Shewrapara, Mirpur, Dhaka.
Unhealthy health sector
Dear Editor:
The diagnostic centres and private hospitals are doing roaring business - thanks to the poor health of the rich patients!
The conservancy services are tottering as we see overloaded dustbins on every street. Garbage disposal is facing a crisis.
The hands of the caretaker government are full. We create more problems than we can solve.
Why pay lip service to general elections? Voters may review their options.
Abu Abd,
Dhaka.
General elections
Dear Editor:
With dedication, sincerity and efficiency the present Caretaker Government is doing its best to hold free and fair general elections and to hand over power to the elected representatives of the people in 2008 as per roadmap declared and accepted by all.
But we are surprised and shocked that some of our political leaders are trying to create chaos and confusion, bottlenecks and obstacles on the way. They are threatening to boycott the election if some of their unjust demands are not met.
We feel that these political leaders do not have patriotism, wisdom, vision and solution to think and realise the situation and consequences of our future democracy, political turmoil, law and order situation and governance of the country if for one reason or other the scheduled election 2008 is not held.
We all must discard, boycott and ostracise the political leaders who live in fantastic comfort and Babylonian opulence, harangue and try to boycott the general election 2008.
O. H. Kabir,
Hare Street,
Dhaka.
Democracy is not a license
Dear Editor:
Some vested circles/groups appear to be critical about political reforms. Reforms to their opinion will go in favour of some political parties. But we feel that reforms, if materialised honestly, will bring in benefits to all and sundry irrespective of party affiliation. Political parties should not feel irritated and disgusted to bring in reforms.
We really fail to understand why the activists of the political parties are quarrelling among themselves on the modus operandi of reforms. They definitely know the loopholes of politics so far they have practised. So they can sit together with reform proposals put forward by the leaders and activists in the different tiers, discuss and accept the rational ones.
The better the reforms will be, the better the party will gain the public support, as we believe the people will not accept the freestyle politics any more and they will like to see that democracy will guarantee the right of all, not only that of the politicians.
In the reform proposals, some people, maybe due to ignorance, suggest that religious people should not be allowed to do politics. Our question to these people is: If the atheists can form political parties and do politics, why not the believers? These people undoubtedly lack adequate knowledge about democracy. Democracy is not a license. It is to be practised based on the logical humanitarian considerations; similarly reforms in the political culture have to be done.
In this connection I would like to narrate an incident. While working with an IDA engineering consultant from Netherlands, back in 1977-78, out of curiosity, one day I asked him as to whether Netherlands has a communist party, as the country till then was practising the Monarchy. He said, "Oh! Yes, why not?" He informed me - Netherlands keeps all political channels open for practice. So if people choose communism as their option, there will be communism". This should be the essence of democracy.
So by demanding irresponsible and irrational reforms, we can divide our people and create hatred among ourselves and it will be detrimental the national interest.
Apart from other reform proposals, for the benefit of the country we would like to propose that a political person or an individual, if found patriotic, honest in his/her purpose and does not do any harm to the nation, can be acceptable. But unpatriotic, treacherous elements must be identified and put to task.
Golam Mostafa,
Adabar, Dhaka.
US opposed Bangladesh War in 1971
Dear Editor:
Time has come for a wakeup call against US-style democracy. ''Citizens of planet earth shouldn't be any more mesmerised .US used the name of Democracy for its own purpose since long. US was doing 'state-sponsored terrorism' not only in Iraq, Palestine or Afghanistan only. A letter by O.H. Kabir from Dhaka about US hypocrisy concerning democracy was published in your paper.
In 1971, US opposed Bangladesh's War of Independence, supported genocide in Bangladesh by Pakistan Army because of her own narrow interest and geopolitical polarisation. And they are still very proud of Statue of Liberty at the same time. They are now against Pakistan because of geopolitical reason by loosing and bribing Musharraf 1 (one) billion dollars yearly.
America's best friend UK was behind three segments of Kurdistan or 2 segments of Kashmir. There is no minimum standard in their democracy. World medias have been captured accordingly for mesmerising whole world.
Henry Kissinger got Nobel Prize for Genocide in Bangladesh and Vietnam. Bravo. With same foreign policy they are abusing democracy against Iran by using UN sanction and in for of illegal atom bomb holder Israel.
In summary, UN, Nobel Prize, Human Rights and Democracy of Devils actually lost their credibility. Third world countries should do something for a New World Order against deception in the name of democracy.
Dr Azizul Karim,
Victoria, Australia
email mounaj@optusnet.com.au
Caretaker govt.'s tenure
Dear Editor:
Suddenly Law Adviser has opened the issue relating to the tenure of the Caretaker Government. It is almost well understood that the CG might hand over the power to the elected Govt. in January 2009. Of course, the CG should in the meantime make the reference to the Supreme Court regarding the changes in the Constitutional provision of 58C relating to the tenure of the caretaker government. If they fail to do so, history will not forgive them.
The latest statement of the Law Adviser has created new confusion and debate on a settled issue. We think, there should be very little public statement except the situation demands the clarification.
Many people are quite convinced that the election in January, 2007 could not be held inter-alia due to the much TV appearance of few Advisers and many political leaders without realising its consequences.
Kumar Prithwiraj Nath,
Canada.
^ TOP OF THIS PAGE ^ MAIN PAGE
|
