We stand ashamed!

LAST week was traumatic for most of us in Bangladesh. The big story was the collapse of an eight story building in Savar, in which, so far, 315 garment workers died and thousands were injured. The building owner had been absconding till yesterday.

This is not the first time a building has given way or workers have been trapped inside a blazing factory. Each time such a tragic incident occurs, there is a public outpouring of grief followed by paltry compensation given to victims’ families. But arrests of those who had built such faulty structures or those who planned or gave permission for such buildings are rare. BGMEA, the body that looks after the interest of garment manufacturers, had never seen to it that such dangerous buildings were shut down. So more than 3 million garment workers continue to work and support 15 million or so members of their families under such trying conditions.

The question is where lies the problem? Why the charade continues? Why a nation remains impotent to address recurrence of such tragedies? Why we, a proud people, continue to bear the brunt of international humiliation as a nation that cannot get its house in decent order? The reason behind our paralysis in taking any action is what has been aptly termed as our “culture of impunity.”

The dictionary meaning of the term impunity is “being exempted from punishment, or from injury as a consequence of an act.” Thus when someone commits an act which under law can be defined as criminal and is left off, for some reason or the other, this constitutes impunity. The UN Commission on Human Rights goes further in describing impunity as “the impossibility, de jure or de facto, of bringing the perpetrators of violations to account.”

In Bangladesh, impunity has become almost a norm rather than an exception. There is very little accountability. Just glance at our political history. The wanton killing of citizens on political grounds since our independence till today has not been taken serious cognisance by any government. Every human life is valuable. They cannot be squandered to suit the agenda of any political party or group. The insane deeds of violence by political cadres to please their masters, causing death or injury, are rife. To whom or what do we owe this state of affairs?

The trial of the killers of Bangabandhu and the apprehension and trial of Bangla bhai and his associates are rare cases which have been taken note of by the agencies of the state and action taken. The trial of those who committed crimes against humanity during our War of Independence is another case of taking cognisance of behaviour of impunity.

But then let us look at other areas where we are behaving with impunity. Take the matter of corruption. Certain groups or individuals resort to corruption with total impunity. They know that they will remain scot free even if they are accused of these deeds. Therefore, we see scandal after financial scandal occurring. Although the state and the people are incurring huge loss, no one is given adequate or deterrent punishment.

How do you describe all the criminal acts committed during hartals and political rallies? The rioter, the arsonist and the violator of human rights get away although lives are lost or property damaged. At the same time, security agencies, acting alone or together, are reported to resort to torture or ill-treatment of citizens in order to punish those allegedly involved in crimes. In most cases no credible investigation takes place. Enforced disappearances are also taking place of persons who are politically or economically important. Their disappearances are rarely acknowledged. So the culture of impunity is doing well here.

Then there are journalists who write about corruption and human rights violation. Extra-judicial killings are also these journalists’ambit. But they become targets for harassment by security agencies. Often perpetrators of such acts on journalists temporarily disappear from the scene, only to return later with the ability to hurt others with impunity.

The question that arises is why some people in our society are able to carry out criminal acts without being subjected to investigation and without punishment. Who are these people? How long will they be able to avoid facing justice?

To understand the dynamics behind acts of impunity, we must know that these are done by people who have power and influence. This power could be either political or financial or both. These people also use personal relationships or family ties to commit crimes with impunity. Obstacles are often placed before the law enforcing agencies and some of them are able to influence the prosecution at all levels and places. They also influence corrupt elements working within the security agencies to get their way.

Lack of proper law enforcement, erosion of confidence in our laws and growing intolerance help perpetuate the culture of impunity. In our country, many people have lost faith in the government’s ability to act. Part of the problem with the government is fear of political reprisals. Non-state actors are also sometimes powerful enough to challenge government machinery. Government functionaries also fear personal vendettas. So on many occasions they are not free to act.

Do we therefore have any institution or a guardian who will be able to act as a guardian over our guardians? The United Nations Human Rights Commission, in a report, has tried to answer this question generally. It has set down general obligations of the state to take effective action to combat impunity. It has laid down broadly that every person in a state has an inalienable right to the truth. The state has a duty through its agencies to preserve records of occurrences of impunity. The victims have a right to know and there must be guarantees to give effect to the right to know.

The report recommends establishment of truth commissions and other commissions that ensure and guarantee independence, impartiality and competence of investigations. It also suggests preservation of and access to archives bearing witness to violations, as well as cooperation between archive and courts of law. The right to justice is emphasised and the right to guarantees of non-recurrence is insisted upon.

The international community therefore suggests that a culture of impunity can be restrained if not stopped anywhere in the world.

For the present tragedy in Savar, let us hope that our government will begin to take firm and effective steps to finally stop the culture of impunity. The victims of this criminal act are too many. Bangladesh has to address impunity now. The nation that stood up against impunity of oppressors of 1971 cannot now cherish the culture of impunity.

We as a nation stand ashamed.

The writer is a former ambassador and a regular commentator on current issues.
E-mail: ashfaque [email protected]

Source: The Daily Star