RULE OF LAW & SELF-RESPECT

by  F R Chowdhury

People in public life are expected to maintain essential principles and ethics. They are not expected to compromise on matter of principles. This is what we see in the democratic world. The exception is Bangladesh.

The Chief Election Commissioner: If he had the slightest self respect, he should have already resigned. He is presiding over mockery of an election. Out of 300 seats, 154 have already been elected un-opposed. The CEC talks about even playing field. He says those in power cannot move around in official transport or use their protocol during election campaign. The prime minister addresses election rally with a Naval Officer attending as ADC standing beside her. Who cares for CEC instruction or directive? We expected the Awami League Party leader to speak with her party logo behind her but what we saw was the logo of Election Commission. Despite all that humiliation, why is the CEC still there. Is it because of any particular interest? We deplore the conduct of such official who cannot maintain dignity of office. Does he not realise that he would have gone into history book if he had resigned and refused to be a stooge of the government.

Human rights commission: Dr. Mizanur Rahman is supposed to be the human rights commissioner of Bangladesh. I do not know of any contribution made by him or his commission. In his own admission he was not allowed to enter a jail to see inmates’ conditions. There are no human rights or dignity in Bangladesh. Dr. Rahman cannot do anything about it. Why is he still there to provide cover and legitimacy to all illegal and inhuman activities of the Government? Such people are anti-people and should be regarded as traitors.

Anti-corruption Commission (ACC): This is supposed to be an independent watch-dog against corruption. In practice, the Government continuously interferes and influences the ACC to find corruption against opposition politicians. The Government utilises the ACC to give the rubber stamp clearance of all corruption charges against the ministers. Recently the Government even changed the law to curtail its power. Now it requires the ACC to seek the approval of the Government before they can initiate any action against Government officials. In fact, this was a good opportunity for the chairman to resign. He did not. He continues to be an obedient servant of the Government. The people in general have come to know how the ministers and other party bosses have improved fortunes in last five years. Yet, the ACC does not feel any need to initiate any inquiry. This can be rightly termed as another anti-people organization we could do without.

Public Service Commission (PSC): I do not know under what circumstances the commission has to select party thugs by-passing the talented candidates. The PSC is a constitutional body and I request them to be upright and do their job without any fear. All citizens of the country deserve to be treated equally. The failure of the commission has resulted in a situation where we find an administration full of civil servants void of any merit or talent.

Auditor General’s Office: They are supposed to ensure that public money is spent for common benefit of the people. I do not know how they endorse picnic by plane load of people all the way to New York. Poor country like Bangladesh cannot afford that – but who is going to raise a question?

There must be many more organizations who are not allowed to work for common benefit of the country. These must be corrected and rule of law must be established.

By now the readers may have a question as to who this man is talking about resignation of high officials. What has he done in his own life to set a precedent? Yes, I will narrate that in brief. I was not a very high official. I was Director General of the Department of Shipping in 1991 when Major (Retd) Rafiq, advisor in charge of ministry of shipping sent me a list 300 persons to issue CDC (Continuous Discharge Certificate). I explained him that with hundreds of registered and trained seafarers not having any employment, it would not be proper to issue so many new CDCs. At this point the adviser said that his good friend Rashed Khan Menon requires some fund for his election and this was a way he could help him. He also assured me of my part of the deal. I refused and as a result very next day I was transferred to Chittagong as technical director of the Bangladesh shipping Corporation. A week later I resigned and then left Bangladesh.

Working as a civil servant in the UK, I have learnt quite a few good things. The minister can oversee the work of a civil servant and even ask for explanations if the minister feels the officer has conducted himself improperly but what he cannot do is to give order or instruction on any delegated matter. This would be considered as misuse of power. The minister can certainly question the police as to why someone is arrested or released. But he cannot order to arrest or release someone. We want civil servants in Bangladesh to stand upright for the right cause without any fear.

The rule of law, according to the United Nations, “refers to a principle of governance in which all persons, institutions and entities, public and private, including state itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights, norms and standards.”

London, 02-January-2014                                                  <[email protected]>

5 COMMENTS

  1. The writer has identified the persons who people have in the meantime known to be spineless crawling creatures. One of course showed us that he had a spine strong enough to bear his body weight. These people we know were chosen because the ‘chooser’ knew that they would even crawl at her beaconing. That is their main qualification to be holding such positions of national and constitutional importance. Woe to our democracy! Woe to our human rights!! Woe to our justice and equity!!! .

  2. With deep interest I always read Capt. Chowdhury’s articles and I thank him for pointing out things that many of us in Bangladesh do not even fully understand. In this article he talks about Rule of Law. Does Prime Minister of Bangladesh can define it? I bet she can’t. She uses personal rule left and right, her father used it recklessly. One story goes like this. He sacked a bureaucrat for some reason. After few weeks he met the bureaucrat in a party, he caught him by his ear and asked, “Why don’t you come to the office. Come to your office on time tomorrow”. A village “Sardar” used “Rule of law” in this way and I heard this story from another bureaucrat. Another story a friend of mine told me about this Sardar. This man did great job in Scandinavia during the Bangladesh liberation war. In 1973 when went to Dhaka and his friends from the AL took him to the Sardar’s house. He received him with open arms. All of a sudden a phone call came and the message was that the police has arrested an AL man for some criminal activity. The Sardar thundered and asked, “Baro Daroda ta Koi”? The next sentence he uttered, “Akhoni okay cheray dau”. That is how Rule of law started from the very beginning and the old tradition is still continuing.
    Zia, Ershad, Khaleda, every one of them, used personal rule only and hardly anybody at any time showed due respect to rule of law. Our bureaucrats also use personal rule whenever they get an opportunity both as bureaucrats and on personal level.
    Let me give some simple examples. It is not that a police constable takes bribe only; he goes out of his way and terrorizes anybody he feels safe to do so caring damn about rule of law. Then how a Prime Minister uses personal rule? There are hundred of examples and I need not elaborate here.
    How the bureaucrats and police force works in Bangladesh? They use their personal rule when possible. Otherwise they take orders from their bosses and it goes up and up and up until the Prime Minister takes it over. Nobody asks what the law of the country says about the illegal order one gives or executes.

    Capt. Chowdhury talked about self-respect; how many in Bangladesh have it? Using personal rule is the norm, from police constable to Prime Minister. Nobody has shame in flattering, bribing or working like a dog and to please the boss, to keep the job or getting a position. Chief Election Commissioner, Human Rights Commissioner, and every one Capt. Chowdhury mentioned in his article come into this category. Is there any minister in Bangladesh government now or before whom has/had ever opposed any Prime Minister and showed an iota of self-respect for a cause and resigned? I would be wrong if I don’t mentioned Tajuddin’s son who resigned and went back to USA after one powerful minister slapped him for his strictness and effort to stop some AL criminals’ criminal activities. I heard abut this slapping and I don’t know if it really happened. Finally, I would finish this note saying something from the man I called Sardar. Once, I heard from a friend, he was saying: “I look to left I see thieves, I look right I see thieves, I look front I see thieves, I look back I see thieves. What shall I do?” I blamed Prime Minister but how one can work honestly if one has thieves and thugs only around him.

  3. We have educated people in the country but they have seen others paying with their lives for standing up so the harsh lesson has been learnt. They are afraid even to negotiate the weekly shopping rate with the local sales person fearing he or she could be from the ruling party and the consequences could be very costly. We need a complete wipe out in every stages withing the government and a quick change on the top level. Only with education and self respect coupled with honesty we can come out from this trend of backward journey. I hope readers of this article will wake up and pass on to others so we can start motivating ourselves and gather courage to stand up against any foul play. Capt Chowdhury can live happily in his retirement with his family and friends and enjoy all the good things UK has to offer but instead he is still trying to educate us against a foul administration so his birthplace can move forward one day. I thank him behalf of all the readers for publishing this lovely facts. Thank You.

  4. That education alone can never make a human being a ‘real man/woman’ has been proved in our country. Education without moral teachings can make one educated but not ‘well educated’; rather it makes a lot of ‘ill-educated’ bunch who blindly follow and support a group or a party who pay them fat dividends. I remember Bangabandhu once said, ‘ My farmers are not corrupt, my workers are not corrupt. The corrupt are you, the white collars.’ And you see, how a section of our so-called educated people has brought this unfortunate country to this pass. When a voter-less election is being conducted, violating the clear provision of the constitution, they are so vocal against the opposition. They happily forget why and how this constitution they hold in so much esteem has been operated on making it a bundle of rough sheets. How can they support the ruling party’s plea that they have upheld democracy and people’s rights when the universally accepted provision of ‘referendum’ has been abolished and almost 2/3rds of the constitution made unchangeable for ever? Is this in conformity with the constitution that says, ‘The people are the main source of power’? Very perplexing indeed!

  5. ‘ My farmers are not corrupt, my workers are not corrupt. The corrupt are you, the white collars.’ – the corrupt man said.

    He said, “My farmers, “My workers” and that is how a village Sardar talks. And how could he talk against corruption when he or his family was not clean?

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