1 Post Event Report 10.04.2021 2 Proclamation of Independence: Its Significance in Nation-Building Image: Honourable Chair, Moderator, Keynote Speaker and Designated Discussants of the Lecture sharing the same screen In celebration of 50 years of Independence of Bangladesh, a series of lecture has been initiated by Bangladesh Institute of Law and International Affairs (BILIA). The second lecture of this series titled “Proclamation of Independence: Its Significance in Nation-Building” was held on April 10, 2021, Saturday at 3:00 p.m. virtually through Zoom video conferencing. Dr. S M Masum Billah, Associate Professor, Department of Law, Jagannath University was present as the keynote speaker. Professor Dr. Abul Barkat, President, Bangladesh Economic Association (BEA) and Mr. Ajay Dasgupta, Eminent Journalist were present as panel discussants of this lecture. This lecture was chaired by Barrister M. Amir-Ul Islam, Chairman, BILIA and conducted by Professor Dr. Mizanur Rahman, Director, BILIA. The lecture started with welcome speech by Dr. Mizanur Rahman. 3 Image: Split image of participants from Zoom Video Conference Welcome Speech: Image: Director of BILIA and Moderator of the lecture In his welcome speech Dr. Mizanur Rahman expressed his heartfelt gratitude to all the distinguished guests and participants for joining the lecture. He also made some remarks 4 regarding the significance of 10th April, 1971, stating it to be the day on which the Proclamation of Independence, the first ever constitution of Bangladesh, was formally adopted and read out. He further added that as a teacher of law he always pronounces a sentence that, ‘even if there remains no Constitution in Bangladesh, we will not have anything to be sad about, as long as we have this two page document (Proclamation of Independence) that is immune to any kind of amendment, addition or refinement and which within its pearl inlaid words upholds the spirits of liberation war’. Keynote Speech: Image: Keynote Speaker As the keynote speaker Dr. S M Masum Billah, Associate Professor of Law, Jagannath University presented a paper titled, “Bangladesh’s Genesis: Regarding the Proclamation of Independence at Its 50” keeping similarity to the theme of the lecture. At the outset of the paper presentation, Dr. Billah, reiterated the wording of the 3rd US President written on the occasion of 50th Anniversary of the Drafting of American Declaration of Independence in June 1826. The keynote presenter uttered his immense astonishment that the prediction of the US President (world community will assume the blessings and security of self-government being encouraged by American Declaration of Independence) exactly reflected in the life of ‘Bengali people’ after some hundred and fifty years later. Dr. Billah then expressed his due honour saying that the exponent of Proclamation of Independence of Bangladesh Barrister M. Amir-Ul Islam is present in this lecture and also dedicated this paper to this finest mind of constitutional jurisprudence. Mr. Billah in the introduction of paper delves into the discussion of history of forming of de jure government i.e., ‘Mujibnagar Government’ and the adoption of ‘Proclamation of Independence’ 5 of Bangladesh on April 10, 1971 which got retrospective effect from March 26, 1971, the very day on which father of the nation Bangabandhu Sheikh Mujibur Rahman declared the independence of Bangladesh on the face of Pakistani military’s crackdown. He also delineated the significance of this Proclamation as it addressed legitimacy question of Bangladesh’s emergence and shaped the Bangladesh’s constitutional jurisprudence. While discussing the significance of this instrument i.e., the Proclamation, the keynote speaker adorned his paper in three broad parts and showed that how Bangladesh put its contribution to the development of international law relating to declaration of independence, right to self- determination and state recognition. In the first part of his paper, Mr. Billah discussed the debate in international law over the years relating to the contentious legality issue of the Universal Declaration of Independence (UDI) and substantiated how the Proclamation of Independence as UDI would have passed the legality test if it were challenged by Pakistan. The presenter quoted Professor Rafiqul Islam in this regard that the success of Bangladesh revolution was a parameter of its validity. Mr. Billah found the cession of Kosovo from Serbia analogous to Bangladesh’s UDI. The International Court of Justice while examining the legality of declaration of independence said in its advisory opinion that Kosovo did not violate international law by its declaration and the court in this regard emphasised about the authority of the person declaring independence. By this analogy, the Bangladesh’s proclamation satisfied the test for it was proclaimed by the ‘undisputed leader of 7 million people of Bangladesh’ and approved by the government constituted of people’s elected representatives. Thus, Dr. Billah continued, the Bangladesh’s Proclamation was a trendsetter for the study of UDI law, where a new member of the family of the nations after duly declaring its independence promised to the international community that they will obey the principles of the UN charter. The author, later, discussed the objections from the international community which questions the legality of self-determination by Bangladesh. There were mainly two objections: 1) the Bengalis did not fulfil the criteria of being ‘people’ in the eye of international law; and 2) as the law of self-determination only applicable to people under a colonial setting, Bangladesh cannot justify its claim in this regard as it was not in ‘colonial’ situation. In Dr. Billah’s opinion the Proclamation of Independence of Bangladesh responded to those objections by highlighting the compelling reasons of Bangladesh i.e., claim to ‘freely determine its political status’ and ‘pursue its economic, social, and cultural development’. Besides, the subsequent study by Subrata Roy Chowdhury in his book “The Genesis of Bangladesh” and other jurists’ studies have substantiated that the ‘Pakistani regime’ was akin to ‘colonial rule’ for the Bengali people. At the end of first part of his paper, the keynote presenter also described elaborately with references the contribution of Proclamation along with Tajuddin’s statement toward world community on 17th April 1971 and India’s balancing approach in recognizing Bangladesh, which helped in acceleration of worldwide recognition to Bangladesh as a sovereign state. In the 2nd part of the paper, Dr. Masum Billah successfully substantiated the nexus between the Constitutional law of Bangladesh and the Proclamation of Independence as well as its 6 significance in shaping domestic polity in two ways, namely- a) its role in shaping our constitutional image; and b) its importance as a source of inspiration and historical rejuvenation. He mentioned that having the status of our first Constitution, it served the need of national life for the war period as well as the period soon after the independence until our present Constitution came into force on December 16, 1972. By referring a number cases [such as Fazlul Hoque and others v State (1973), Suranjit Gupta v Election Tribunal Sylhet (1981), Mullick Brothers v Income Tax Officer and Another (1979), Dhulichand Omraolal v Bangladesh (1981), Anwar Hossain Chowdhury v Bangladesh (1989) etc.], the keynote presenter of this paper showed that the Proclamation was used by the higher judiciary even after 16th December, 1972 to settle some important transitory law questions. In Anwar Hossain v Bangladesh (1989) [popularly known as 8th Amendment case] where the constitutionality of 8th Amendment relating to splitting the HCD into six parts was raised before the Court, Barrister M. Amir-Ul Islam heavily argued the interpretive horizon of the Proclamation and drew attention of the Court to the fundamental norms of Government (unitary character of the state, equality, social justice, humanity, sovereignty) in the light of the Proclamation and submitted that these are the “birth- jacket” of the Constitution. BH Chowdhury CJ among others had endorsed the submission by Barrister M. Amir-Ul Islam and held that the Proclamation was the genesis of Bangladesh Constitution. However, after a close reading of some leading cases, Mr. Billah thinks that Bangladesh judiciary is yet to develop a concerted approach in interpreting the Constitution with reference to the Proclamation of Independence. In the last part of his presentation, Dr. Billah delineated the relevance of the Proclamation in re- invigorating the spirit of the Liberation War of Bangladesh and its significance in Nation- building. In his view, Nation-building though theorised as a structural process largely related to industrialisation, urbanisation and social mobilisation at its face, however it implies the construction of national identity at its core. From that end, the main significance of the proclamation is its unifying force in bringing our nation under the ideological teachings of our liberation war. In order to uphold our Bengali identity, establish social harmony, respect cultural diversity, the Proclamation will always have transcendental appeal. The second meaning of the Proclamation, according to Dr. Billah, is to dispel the distorted and decayed part of our constitutional journey that is- martial law administrators’ regime. In order to vindicate political objectives by the martial law administrators, this document was even kept out of our constitutional framework for long time. Mr. Billah also emphasised on the educative value of the Proclamation of Independence and said that its value did not cease by adoption of the present Constitution, rather it has been a part of the Constitution in a “living tree” way to indicate our persistent growth and continuity. In this regard, the keynote presenter quoted Dr. Mizanur Rahman who had said once in a summer school session that even if there is no Constitution for us from tomorrow, the Proclamation shall stand there to show us the path of light the way it did to the nation in 1971. 7 In conclusion, Dr.