Experience of Asian Civil Society to Advance Democracy at the National Level: Case Study

Adilur Rahman Khan1 Colonialism had never been a homogenous process and even the post‐colonial processes were not even for all parts of Asia, particularly South Asia. Consequently, the challenges of advancing democracy has also been different for different South Asian countries. In this short note I will highlight a few points from the experiences we frequently face as a human rights organisation in Bangladesh when dealing with issues of ‘democracy’.

Colonial and post‐colonial legacies Independence from British colonial rule was a negotiated process between the British colonial power and the ruling classes of South Asia. Liberation from colonial rule did not automatically instituted a democratic polity. Given the fact that historically the ruling class of South Asia came essentially from feudal and higher caste backgrounds, the immediate challenges the people of South Asia faced stemmed from caste, aristocracy, feudalism, patriarchy and various other forms of oppression, common in societies where social, economic and political relations were still dominated by personal dependence, rather than the abstract market economy. Pakistan suffered badly compared to other South Asian countries. The political power went quickly to feudal land lords and this class, in alliance with the army, installed a state with the task to develop a capitalist economy without challenging the feudal structure. Bangladesh (then ) experienced a strong and powerful peasant movement under the leadership of A. K. Fazlul Huq and Mowlana Khan Bhasani, successfully undermining the zaminders and moneylenders in Banglaesh and clearing the way for a liberal land reform process as well as intensifying democratic aspirations among the masses. The same did not happen in the then West Pakistan. The nature of the political power became essentially the political alliance between the feudal landlords and the army. This alliance was politically reinforced by the United States of America during the cold war period because of the geostrategic interest of USA in South Asia during that time. With the support from the USA, the ruling classes of Pakistan intiated a capitalist transformation of the economy by exploiting the predominantly agrarian East Pakistan. The exploited surplus from the agriculture of East Pakistan was used to industrialise West Pakistan. This process of exploitation culminated into political conflict and the formtion of linguistic and cultural nationalism of the Bengali‐ speaking people of the then East Pakistan. Ideologically it appeared as a nationalism that identified the Islamic ideology of Pakistan as its political enemy, which was further reinforced by the role of various ‘Islamic’ political parties during the 1971 liberation war, particularly the crimes and brutalities they committed during the war. This trauma, till today, keeps Bangladeshis divided and the relation betwen religion, culture and language is still an issue to be resolved. Resolution of this relation could define the extent to which peoples of Bangladesh are politically divided and what are the possibilities of negotiation and formation of a coherent political community that makes a democratic state viable. This unresolved

1 Adilur Rahman Khan is a founder member of Odhikar and at present the Secretary of the organisation. 1 question appears as the political division between the secularists and the Islamists. The war against terrorism has further complicated the situation

Lack of the founding act of constituting a democratic state A democratic state requires a founding act of constituting itself into a democratic polity. National liberation or the nationalist spirit of the opprssed nation is not enough to ensure a democratic state. After the 1971 liberation war, the set up a Constituent Assembly with the parliament members of the then Pakistan National and Provincial Assembly, who were elected from East Pakistan to write the Constitution of Pakistan. In December 1972 a Constitution for Bangladesh came into being by this 'Constituent Assembly'. The Awami League recorded a victory in the first Parliamentary elections in 1973 amid the allegations of rigging by the Jatiyo Shomajtantrik Dol (JSD) and the National Awami Party (NAP). Within years, a State of Emergency was declared to contain political opposition. The Constitution was amended on 25 January 1975 (known as the 4th amendment of the Constitution) to limit the powers of the Legislative and Judicial systems, and all existing political parties were either dissolved or banned.

Consequences: Coup and Counter‐coup On 15 August 1975, , along with most of his family members (except two daughters who were abroad at that time) was killed in a coup organised by a group of mid‐level army officers. A new government, headed by a former Minister of Sheikh Mujibur Rahman's cabinet, Khandakar Moshtaque Ahmed, was formed and Martial Law declared. Successive military coups occurred on November 3rd (four top Awami League leaders were killed during this time inside the Central Jail) and November 7th, resulting in the emergence of the Army Chief of Staff, General , a liberation war hero, as the focal point. He pledged the army's support to the civilian government headed by the President, Chief Justice Sayem. Sayem then promulgated martial law, naming himself Chief Martial Law Administrator (CMLA). Ziaur Rahman was elected for a 5‐year term as President through a referendum held under Martial Law in 1978. His government removed the remaining restrictions on political parties and encouraged opposition parties to participate in the pending parliamentary elections in 1979. More than 30 parties participated in the parliamentary elections of February 1979, but Ziaur Rahman's Bangladesh Nationalist Party (BNP) won a majority of the 300 seats. In May 1981, Ziaur Rahman was assassinated by a group of Army officers in (the port city and the second largest city in Bangladesh) in an attempted coup. The Vice‐President Justice Abdus Satter took over as Acting President and a Presidential election was held where his position was formalised. The Army Chief of Staff, Lt. Gen. H.M. Ershad took over the reins of power in a bloodless coup on 24 March 1982. He dissolved Parliament, declared martial law, suspended the Constitution, and banned all political activity. In December 1983, he assumed the presidency. Over the ensuing months, Ershad sought a formula for elections to legitimise his position and established the Jatiyo Party as a political vehicle for the transition from martial law. He resigned as the Chief of Army Staff and was elected President in 1985. The Awami League and Jamaat e Islami parties contested the Parliamentary elections under Ershad in 1986, which was boycotted by the Bangladesh Nationalist Party (BNP) and the leftist Five Party Alliance. Hardly anyone came out to vote, since the results could be forseen. However, Ershad declared that even a 3% turnout would constitute a legal election. In 1988, he dissolved the Parliament again in the face of political

2 movements and declared elections, which was subsequently boycotted by all the major political parties. Ershad eventually stepped down on 6 December 1990 following growing protests and general strikes against his rule and handed over power to a caretaker government headed by the Chief Justice . On 27 February 1991, the BNP won the elections held under the caretaker government of Justice Shahabuddin Ahmed and formed a government led by Begum , wife of former President Ziaur Rahman. In September 1991, the electorate approved changes to the Constitution, formally creating a parliamentary system and returning governing power to the Office of the Prime Minister, as in Bangladesh's original Constitution. In October 1991, members of Parliament elected a new Head of State, President . In 1994, opposition leaders resigned en masse and initiated a joint movement led by Awami League, Jamaat e Islami and Jatiyo Party to unseat Khaleda Zia’s regime. President Abdur Rahman Biswas dissolved the Parliament and an election was held on 15 February 1996, which was boycotted by the main political parties. The new parliament, comprising of BNP and independent members, amended the Constitution and included the provision of a caretaker government before every Parliamentary election. This is known as the 13th amendment of the Constitution. Thereafter the President dissolved the Parliament again and a new caretaker government was formed. Former Chief Justice Habibur Rahman was asked to head that government. The Awami League won the national election held on 23 June 1996. Wajed, the daughter of Sheikh Mujibur Rahman and the leader of the Awami League, formed a coalition government with General Earshad’s Jatiyo Party and ASM Rab’s JSD and became the Prime Minster. In the 2001 elections, the BNP won and formed a coalition government with Jamaat e Islami while Islami Oykko Joyte and Bangladesh supported this government as partners. At the end of its term, this government handed over power to yet another 'Caretaker government' headed by the President, amid violent street protests initiated by the supporters of Awami League led alliance and the next election was due on January 22, 2007. On January 11, 2007 a military backed 'Caretaker Government' usurped power with the support of a majority of the ‘civil society actors’ and remained in power for two years, instead of the constitutionally stipulated 3 months; suppressed and detained many, including politicians; and organised the Parliamentary elections on December 29, 2008. The Awami League led alliance gained a three fourth majority in this election organised by the military backed 'Caretaker Government'.

Present obstacles Since 1991, Bangladesh has time and again failed to maintain a democratic form of government together with a democratic culture. All the governments up to now have been involved in suppressing people's right to self determination through torture, extra‐judicial killings or secret killings. Many of the victims have also ‘disappeared’. It all began with the introduction of the Jatiya Rakkhi Bahini (JRB), which came into force from the February 1, 1972 and became infamous for its extra‐judicial executions till its demise on September 3, 1975. Since the inception of the elite force Rapid Action Battalion (RAB) in March 2004, we have been introduced to some new vocabulary like, ‘crossfire', ‘encounter’ etc – that act as a ‘cover up’ for what are actually extra‐judicial deaths. The second obstacle is the political use of the Judiciary. Though the Judiciary has been formally separated on paper by the 'Caretaker Government,' in reality it is very much under the control of the 3 Executive. This is manifested at the time of appointing Judges of the Superior Courts or granting bail to perceived 'terrorists' detained under the draconian Anti‐Terrorist Act 2009 or Special Powers Act 1974 or 'anti government' elements detained under any other law. The lower Judiciary goes further in treating these 'elements' and sends them to further interrogation under remand, which is widely regarded as torture in custody. Successive governments have also failed to introduce an independent Human Rights Commission to address the issues of human rights violations. Whatever 'Commission' dealing with human rights we have, set up during the reign of the military‐backed Caretaker government, is there merely to provide lip service. The Government run media is engaged in canvassing the agenda of the government and whatever free media we have comes under constant attack by the government or government sponsored elements. The role of the Election Commission is very much disputed in promoting democracy in the country. During the military backed 'Caretaker Government' they have been criticised for being involved in dividing the BNP. Democracy is a participatory process, involving every citizen in the country. Due to factors such as the marginalisation of the local government institutions, corruption at all tiers, abuse of power and poor implementation of laws the participation of all is seriously hampered.

Prospects of political reforms Given the struggles undertaken by the people of Bangladesh since 1947 and going through the bloody liberation war of 1971 to date, politics plays a vital part in the country’s psyche. Therefore it is important to initiate a broad based civil rights movement to ensure reforms, justice and rights of the people. Three most important activities that can be carried out by the international/regional communities: Bangladesh is not the only south Asian country to suffer political turmoil. This is a continuing phenomenon found not only the subcontinent, but almost in the whole region that constitutes Asia. Political upheaval is endemic to the whole SAARC region. International and regional solidarity can assist to bring some changes in the following ways: 1. The international community can strengthen various human rights and democratic struggles for the empowerment of the people. 2. The international community can stand strongly against all kinds of attacks against human rights defenders, media freedom and judicial independence. 3. The international community should remain sympathetic to peoples' effort to constutute a democratic polity through political struggle for rights and justice and must not reduce the the question of democracy as a procedural exercise of electing of new rulers every five years.

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