M. Abdul Latif Mondal

In its election manifesto of 2008, Awami League (AL) pledged strengthening of local government bodies with Upazila Parishads (UPs) being a pivotal factor on such a plan. But the AL government that came to power on January 6 after winning the national election of December 29 has backtracked on its commitment. The Upazila Parishad Act, 2009 has made the Upazila system MP-centric and nothing moves in the UPs without their concurrence.
   Why this volte-face?
   A look into the history of the local government system in Bangladesh shows that instead of strengthening the local government bodies, the AL governments had shown their aversion to these bodies.
   Immediately after independence of Bangladesh, the AL government dissolved all the existing local government bodies and appointed committees to administer these defunct bodies. The Sub-divisional officers and Deputy Commissioners were the ex-officio chairmen of the Thana Councils and District Councils respectively.
   The deadly blow on the local government system came in 1975 when the AL government passed the Constitution (Fourth Amendment) Act, 1975. The amendment that replaced the multi-party parliamentary system with one-party presidential form of government, repealed Articles 59 and 60 of the Constitution. The framers of our Constitution that was adopted on November 4, 1972 and came into force on December 16 of the same year were conscious of the importance and need of the elected local government bodies. Article 59 of the Constitution provided that 'local government in every administrative unit of the Republic shall be entrusted to bodies composed of persons elected in accordance with law.’ Article 60 of the Constitution provided that 'for the purpose of giving effect to the provisions of Article 59, Parliament shall, by law, confer powers on local government bodies including power to impose taxes for local purposes, to prepare their budgets and to maintain funds.’ Further, the Act deleted those words in Article 11 which ensured effective participation by the people through their elected representatives in administration at all levels.
   Articles 59 and 60 remained repealed for a good period of 16 years from 1975 and were restored in 1991 by the Twelfth Amendment during the time of the BNP government. The twelfth Amendment also brought back the Article 11 to its original form.
   The AL government of 1996- 2001 did not revive the non-functional UPs and Zila Parishads.
   Considering the just demand made by the civil society members, media and others, the caretaker government promulgated the Local Government (Upazila Parishad) Ordinance on June 30, 2008 for holding elections to the UPs. The elections to the UPs were scheduled to be held before the national election. But due to pressure from the political parties, the Election Commission in consultation with the government decided to hold the elections to Upazilas after the national election.
   The AL won the national election of December 29 and took office on January 6. Finding no other alternative, the AL government had to agree to the scheduled elections to the UPs. The AL government, however, did not take much time to show their real intention of managing the affairs of UPs. Superseding the ordinance of the caretaker government, the AL government passed in April the Upazila Parishad Act, 2009. In contrast to the ordinance, the Section 19 of the Act has not only made an MP elected from a constituency an adviser to the UP, but made it mandatory for the UP to accept his advice. Further, the Act has made it mandatory for the UP to keep the MP informed of the correspondence made with the government on any matter. Some constitutional experts have already regarded this provision as a violation of the constitutional provisions on local governments. Many knowledgeable people have said that UP system was born free, but is now chained.
   In its editorial of September 6, a largely circulated English language daily wrote: "The Upazila system is in a state of emasculation. Where it was thought that Upazilas would serve as a strong foundation of the local government structure, it is now clear that the Awami League-led government is in little mood to have such a system take root. This of course runs contrary to the pledge the AL made in its election manifesto about a strengthening of local government bodies, with Upazila Parishads being a pivotal factor in such a plan. Since taking office, however, and particularly since the Upazila elections in January this year, the government has backtracked on its commitment obviously in order to satisfy lawmakers. That has been done through empowering MPs to play a supervisory role in the functioning of the Upazilas, so much so that Upazila chairmen can only have projects implemented if and when they are approved by local lawmakers. That negates the overall concept of devolution the Upazilas were supposed to be an embodiment of. What has now happened is a dilution of the authority local bodies should have had under a properly functioning Upazila system. All development work in the Uazilas is now being done by local MPs and Upoazila Nirbahi Officers. In other words, Upazilas Chairmen and members have to all intents and purposes been elbowed aside, with the result that many of them have already begun to feel redundant"
   The past AL governments preferred central government’s control over the local governments. The situation is not different with the present AL government. Since the AL alone got 230 or so seats out of total 300 directly elected seats, it finds a rare opportunity to control the UPs through its party MPs who maintain close liaison with the ministers and other senior leaders of the AL. Moreover, it will have control over the MPs elected from the parties that are partners in the government. That is why the AL-led government has been so adamant to invest in the MPs a lot of executive powers and to provide them with unprecedented privileges like giving vehicles at government cost. Had the main opposition BNP got 100 or more seats in the December 29 national election, the AL government would have thought twice in giving those powers and privileges to the MPs.
   Democracy is one of the fundamental principles of our state policy. Keeping this in view, the constitution has provided for elected local government bodies in every administrative unit of the Republic. The demand raised by the Upazila Chairmen, civil society members and media to amend the Upazila Parishad Act 2009 to free the UPs from the control of the MPs should be honoured by the government for the sake of growth of local government bodies in general, and the UPs in particular.

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Barrister Harun ur Rashid

In politics nothing is impossible and it is marvellous to see how couple of year makes sea-saw game in politics. Former President Pervez Musharraf ruled Pakistan almost nine years with an iron hand but now he is in exile in London.
   The General finds himself in a city where he once banished his political rivals as Nawaz Sharif and late Benazir Bhutto. Musharraf stepped down on 18th August 2008 and was replaced by Asif Ali Zardari, the widower of slain former Prime Minister Benazir Bhutto, as the country’s president.
   From the sprawling presidential palace of Islamabad to reportedly an unassuming three-bedroom apartment behind London’s Arabic quarter in Edgware Road is a big fall of personal fortune for him.
   The former military General reportedly bought the apartment with one million pounds. It includes a small study which contains mementoes of past. In London, Musharraf occasionally goes out for golf and is understood to host musical evenings at home with his close friends. He regularly plays bridge with his confidante, Brigadier General Niaz Ahmed, a retired arms dealer. The General pays 450 pounds to hire an official VIP lounge every time he flies from or to Heathrow Airport.
   Retirement has been unsettling experience for the former military General and it is a sobering change from the pomp of the former President’s privileges. Gone are the legions of political acolytes; gone are the liveried soldiers who used to snap to attention and gone are the pomp and ceremony. It was reported that while he visited US as a President, his security officers had hired two floors of a posh hotel for them where the President stayed.
   Back home in Islamabad Nawaz Sharif, the former Prime Minister whom the General ousted in a coup in 1999 is after him and Sharif wants him tried for treason, a charge that carries the death penalty. The army led by General Kayani opposes treason charge. So does President Asif Ali Zardari who fears it could upset fragile civilian-military relations. Nevertheless they consider it wiser if the General stays away from Pakistan.
   Pakistan’s Supreme Court in a landmark ruling declared unconstitutional Gen. Musharraf’s decision to impose emergency rule on 3rd November 2007 and all the presidential decisions taken during that period including invalidating the appointments of judges he made during that period. Gen. Musharraf had been asked to appear before the court to defend his actions but declined.
   The court decision was eagerly awaited by many Pakistanis, especially lawyers who led a movement that helped push Gen. Musharraf from office. Many gathered across the country, dancing in the streets and cheering when the verdict was announced.
   A criminal case has also been lodged in Islamabad and if convicted Musharraf might be in jail for three years. No wonder he moved from Islamabad to London sometime ago. The question is how long he will stay in Britain. The former ruler reportedly said "I am not in exile".
   British government officials do not want General Musharraf to remain for long in Britain. (British government cancelled the visa of former Thai Prime Minister Shinawatra). They believe that he might take permanent residence in the Middle East or in the US, where his son lives. Currently the General has a visitor’s visa in Britain.
   It is reported that Musharraf is polishing his public speaking and he is on demand in the US for speaking on Islamic militancy in the region.
   The democracy is always better than the military rule since it is not an imposed government on the people. In democracy people have there own ruler as they select it.
   The military regimes as seen in past have been counter-productive. Although democracy is flawed without transparency and accountability, the solution does not rest in a military rule. As Winton Churchill said: "It has been said that democracy is the worst form of government except all those other forms that have been tried from time to time."

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LETTERS

Anu Mohammad, patriots and national wealth

Dear Editor: The Awami League government is embarrassed over the recent role of the police in their action recently on Prof Anu Muhammad in the city. Professor Dr. Anu Muhammmad, Member Secretary of National Committee to Protect Oil, Gas, Mineral Resources, Power and Ports has said that his organisation, has opted for movement and announced a hartal programme to protect the natural resources of our country. In an exclusive interview with The Bangladesh Today at his residence in the city on Prof Anu Muhammad said the hartal call for Monday (September 14) was given in view of the signing of a deal by the government ignoring public opinion to lease out three offshore gas fields to foreign companies. The oil and gas protection campaign leaders said they did not want to call hartal. In reply to a query, Anu Muhammmad said that for the economic development with 6 per cent growth, Bangladesh needs 110 trillion cft gas and with 7 per cent growth. The country needs 160 trillion cft gas, but the country has only 35 trillion cft gas. So they feel the implementation of the said deal must be stopped. The committee decided to take to the street along with the people to resist the execution of the deal. Professor Dr. Anu Muhammmad has done a great job. Dr Azizul Karim GP, Australia.

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AH: Select Benapole -Dhaka-Teknaf -Yangon route

Dear Editor:
   It is good news that the Government of Bangladesh has decided to join the Asian Highway (AH). But the parliamentary committee’s recommendations for accepting proposed routes AH1 (Benapole-Jessore-Bhanga-Dhaka-Kanchpur-Sylhet-Tamabil) or AH2 (Banglabanda-Hatikumrul-Tangail-Dhaka-Kanchpur-Sylhet-Tamabil) do not seem to reflect due considerations given to Bangladesh’s national interest.
   Though UNESCAP proposed these two routes as international, a closer look will reveal the regional nature of both these routes. The fact that both the routes start from and end in India after passing through Bangladesh is an added disadvantage for us.
   The proposed route AH141 (Mongla-Khulna,-Jessore-Pakshi-Hatikumrul-Dhaka-Kanchpur-Comilla-Chittagong-Cox’s Bazar-Teknaf-Yangoon), which is dubbed as a regional route, merits more consideration to be treated as international route than either AH1 or AH2. Bangladesh should start negotiation with UNESCAP and India and Myanmar to treat AH141 as international route with the following modifications: Benapole-Jessore-Dhaka- Kanchpur-Comilla-Chittagong-Cox’s Bazar-Teknaf-Yangoon.
   In my opinion, Bangladesh should choose to join this modified international route of the Asian Highway.
   Nuruddin Azam,
   Australia.
   Email: nuruddin_azam@yahoo.com

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For over bridge at Banani

Dear Editor:
   The Mayor of the DCC should construct an over bridge in front of Banani Chairmanbari, which links Mohikhali and Kokoli. A huge number of passers-by have to cross the road. In Banani there are a number of offices and garment factories the employees of which mostly live in Kafrul, Kachukhet, Mirpur, Pallabi, Kalyanpur and Cantonment. After office hours they have to cross the extremely busy road of Banani Chairmanbari with high risk of fatality. In the recent past a number of accident cases happened and people died. Crossing this road is really very risky.
   The simple solution to this problem is to construct an over-bridge like the one at Kakoli. The over-bridge will reduce the risk of any unwanted fatal accidents.
   Shazzad Khan
   House: 10, Road: 1,
   Banani, Dhaka.

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The Holiday’s 45th year

Dear Editor:
   On this occasion of the 45th anniversary holiday expressed their heartfelt gratitude and thanks to their valued readers, well wishers and patrons. Though the word 'writers’ is missing, I congratulate the elite holiday paper on its 45th anniversary. I think a simple mention of the word 'writers’ would have made them amply rewarded.
   It is to be noted that he who compiles a book or a write-up out of the materials provided by his mind does a significant role for the readers and also for the paper as well. It is true that some of the readers are also writers.
   Holiday during its long life provided us with valuable materials to make our store of knowledge rich. It is salutary that man’s insatiable thirst for knowledge is considerably satisfied by the wit of distinguished writers. Man’s thrust for direction, truth and knowledge are largely enlightened from the writings of the distinguished writers of the Holiday and other papers.
   Holiday should feel proud of its large number of imaginative writers.
   Humour writings 'Bottom line’ is a unique piece for it contains massage for revitalization and change. 'Glimpses’ is another useful feature. The Holiday does the job of an architect to create large number of readers and writers. Holiday is playing a great role by focusing various social and national problems seeking solutions. The people of all walks of life are benefited. The Holiday deserves appreciation from all writers, readers, well-wishers and patrons. I close here with a salute to the Holiday hoping it will continue its efforts for better performance in future.
   M.A. Alim,
   42/B-1, Banker
   7 Indira Road, Dhaka.

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ACC and Khaleda Zia

Dear Editor:
   The Anti-Corruption Commission (ACC) charge-sheeted against Khaleda Zia, three times elected Prime Minister of this country and Leader of the Opposition in Parliament and five others on Zia Orphanage Trust graft case. Other accused are: Tarique Rahman son of Begum Khaleda Zia, Mominur Rahman son of late President Ziaur Rahman’s sister, businessmen Sharfuddin Ahmed, Kazi Salimul Hoque former (Member Parliament from Magura, Dr. Kamaluddin Siddiquee, former Principal Secretary to Prime Minister. The graft case stated Begum Khaleda Zia and all the accused misappropriated Tk. 2,10,71,643/- only through misuse of power and by mutual understanding. Zia Orphanage Trust graft case was filed on July 3, 2008.
   It may be mentioned here that the ACC had issued for Khaleda Zia a certificate published in the dailies on December 24, 2008 stating that they did not get illegal wealth and concealing information about it from Begum Khaleda Zia. This certificate was issued just before the general election on December 29, 2008.
   We fail to understand while Khaleda Zia got certificate from the ACC that she had no illegal wealth then how could she get charge-sheet on Zia Orphanage Trust graft case for amassing illegal money through misappropriation. The Zia Orphanage Trust graft case was filed on July 3, 2008 and Khaleda Zia got 'certificate from the ACC on December 24, 2008 i. e. after six months of filing of the Zia Orphanage Trust graft case. It means the charge-sheet was issued only to harass Begum Khaleda Zia. We do hope the ACC will clarify it in the interest of the nation.
   A. M. K Chowdhury
   Narayanganj.

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Torture on housemaids

Dear Editor:
   We have observed with great concern that some people inflict inhuman torture on their household employees and housemaids are worst sufferers. The oppressors appear too gentle, educated and wealthy. But none of the oppressors has faced trial for their misdeeds.
   Neither religion nor social values in vogue could deter them from this heinous crime. Human rights organisations too are not playing their due role. Even the state does not have any defined rule or guidelines by which these deprived and hapless people could be saved and their rights established.
   It is noteworthy that those who perpetrate physical and mental torture on these teenage house-servants have children of similar age group too.
   In this respect we believe society cannot shirk its responsibility. Let us start preventive measures against such inhuman atrocities. Prevention could be in two ways. First, we can motivate our kith and kin, friends and acquainted persons to behave well with their maids. Secondly, strict laws must be introduced for preventing this crime and implementing the same with iron hand. The proposed arrangements can be enforced through the community and the government agency. We should remember that these deprived and unfortunate house-servants are human beings and part of our society. The Government should play its active role in this regard.
   Golam Mostafa,
   Adabar, Dhaka.

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Zakat and Fitra

Dear Editor:
   The concept of zakat has an important place in Islam. It is a religious tax, one of the five basic requirements of Islam. All adult Muslims of sound mind and body with a set level of income and assets should pay it. Zakat is due yearly on certain types of property and is distributed to eight categories of individuals specified by the Holy Quran. These categories are usually defined to include orphans, the poor, travellers, beggars, debtors, slaves, and the efforts to propagate Islam.
    For gold and silver, which is understood to include all liquid assets, the rate is 2.5 per cent. Being religiously prescribed, zakat is distinct from charity (sadaqa), which is voluntary. Zakat is essentially a personal exercise with no intermediary control, and could be given directly to its recipients, although a central treasury often collects it. In recent times, Sudan, Pakistan, and Saudi Arabia have enacted legislation for enforcement of zakat.
   Zakat is based on the hadith: The Prophet of Allah, upon whom be God’s peace and blessings, said, "The fasting of the month of fasting will be hanging between earth and heavens and it will not be raised up to the Divine Presence without paying the Zakat al-Fitr."
   Nurul Islam,
   Agrabad,
   Chittagong.

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