THE THIRD VIEW War crimes trial and failure of our politics

Genocide was committed against our people, and yet we cannot agree to condemn it collectively

WE are a severe critic of this government on many issues. But on the issue of holding war crimes trial we have no hesitation in saying that without the AL in power, and without Sheikh Hasina’s determined leadership, it would have never happened. For this we express our heartfelt gratitude, as we have done in the past, to the AL chief’s single minded focus and unwavering resolve to hold the trial and then see it through to the very end.
For those of us who remember the immediate post-Bangabandhu assassination period, we distinctly recall how the memories of our Liberation War and that of the leaders of those momentous days, especially the role of Bangabandhu and that of Awami League, were either gradually obliterated or made questionable by selective, incomplete, and sometimes fabricated history of the period.
Bangabandhu was the founder of Baksal and Awami League the party that killed democracy were the two oft-repeated narrative of that period. The former’s role in leading to the independence struggle — how he united a divided people, how he forged an ironclad unity behind Bengali nationalism, how he emboldened us all to first demand and then fight for our rights-were swept under the carpet, and only the fact that he formed Baksal (no doubt his biggest blunder) was grilled into the public mind.
All the narratives of the Liberation War were usurped by one sentence, that Maj. Zia declared independence, and hearing his announcement over the radio, people just spontaneously started the armed struggle.
There was no political struggle from 1947 to 1970, there were no movements for provincial autonomy — six points and eleven points — there was no anti-martial law movement, there were no anti-Ayub and anti-Yahya movements, there was no Agartala Conspiracy case, there were no student or mass movements. There was just Zia’s announcement, and like magic our Liberation War started.
Without going into the nitty-gritty of the trial and its real and imagined shortcomings, the question we need to ask is that why did it need the Awami League and Sheikh Hasina in power to bring it about? There is not a single Bangalee–save perhaps the perpetrators themselves–who will deny that genocide did take place on our soil during 1971. In that genocide millions were killed and hundreds and thousands of our women raped and thousands of our villages burnt. Even today one would not find a single family that did not have one or several of its family members killed, either by the Pakistani army or their local collaborators, including the dreaded Al-Badrs, Al-Shams, etc.
When such is the collective memory, then why is that it is only the AL and Sheikh Hasina who pursue the war crimes trials, and the rest of us, at best, watch like spectators and, at worst, pass sneering remarks about its so-called flawed process and legal lacunae.
Herein lies one of the biggest failures of our politics. It is so blinded by mutual hatred, jealousy, suspicion, and driven by vulgar opportunism, that we are willing to sacrifice everything, including facts relating to the Liberation War atrocities, just to suit our political convenience. We are among a few countries in the post Second World War history, which had the rare good fortune of fighting and creating a free and independent state of our own. In gaining that freedom we had to undergo tremendous sacrifices, immense sufferings, almost endless prison terms of many of our leaders, including, and especially, Sheikh Mujib.
In the final chapter of that struggle we had to face genocide. The state machinery of Pakistan and its formidable and highly trained and equipped armed forces — armed, by the way, by our tax and jute money — used their full might to quell our struggle for freedom. The idea was that they would kill everyone who demanded freedom and when sufficient numbers would be dead the rest would become silent.
What made our genocide different was that it was being perpetrated by “our own” army. In almost all other cases of genocide, the actor was an invading army. But in our case the army that we clothed, fed, trained, brought equipment for and housed in ideally located areas of the country, wanted a “pure Pakistani” people and wanted to eliminate the “impure Bengalis” from amongst them.
The above narrative was just to nudge the memory of those of us Muktijoddhas who seem to have forgotten how our Liberation War narrative was hijacked till Awami League and Sheikh Hasina retrieved it. (With a new fault of their own, that of excluding everybody from the narrative save Bangabandhu.) We hope to address that issue on a separate occasion)
We need to remember the atrocities of 1971 and the brutality perpetrated on our people, in order to fully understand the relevance of the war crimes trials. Yes, we wish we were a bit more efficient in going about it, more tech-savvy, more up to the international standard, etc. But all the shortcomings notwithstanding — all of which were eminently avoidable — the fundamental legal, moral and historical foundation of the process remains unshaken.
There is an urgent need for the nation to be united behind the war crimes trial. The present political process that shows a divided polity on the issue is an insult to the millions who laid down their lives so that we can live in freedom. This is not revenge, nor retribution, but only justice. There is no way we, as a self-respecting people, can and should forget what happened in 1971. Those who say why hang on to the past, the answer is simple. There are “pasts” whose value is so immense, whose significance in our national ethos so fundamental, and whose energising capacity to drive towards the future is so powerful, that giving it up is like giving up our very dream of building a nation of prosperity, freedom, and above all, DIGNITY.

Source: The Daily Star

1 COMMENT

  1. Very disappointed by Mr Mahfuz Anam’s THIRD VIEW. While Sheikh Mujib’s contribution to the independent Bangladesh is unquestionable despite some question mark on his willingness to become the Prime Minister of Pakistan until the last moment, his after liberation role as a dictator must be acknowledged as well. It is like helping an orphan and then use him as a slave. If you do me a favour, in return you cannot just make me your slave. How can somebody forget what happened between 1972 to 1975? He gave us freedom and then he tried to kill democracy, why? He cannot be above criticism becuase he was no Nelson Mandela. The fact that so many people criticise him already proves his shortcomings.

    Yes, war criminals must be tried and it is appalling that anybody opposes it. Now Mr Anam has mentioned many reasons why these perpetrators against humanity should be punished and I fully agree. But he exposed himself crudely by mentioning Sheikh Hasina’s good intention to try these criminals. It is crystal clear from the outset that she tried to use the trials for political benefit. It is not just “the trials could have been made better to the international standards” as claimed by Mr Anam, the motive behind the trials are absolutely clear. I agree with Mr Anam that it will be difficult to find a family who was not affected by the atrocities of Pakistan Army and their local collaborators; on the same note, can I ask why so many people still not feeling happy with the trials? Because this is not about justice to the victims and their families – it is about trying to clinging on to power by Sheikh Hasina and AL. This is not even revenge, this is using the trials to destroy any opposition in the upcoming election. What stopped her arranging fair trials? What stopped her starting the trials soon after she took power? Why wait until when election is close? The same persons could have been tried and convicted even if the trials were fair, and I wouldn’t be writing this comment. Justice is a very sacred word – you just cannot play with it – or it goes against you. Even as per the religion of the majority in Bangladesh “Allah rewards any person for a good deed on the intention and not on the actual act”. Here we are talking about death sentences for convicted ones and fair trial becomes even more of a concern – the irregularities are too much to feel justice for both the alleged war criminals and the victims.

    Why didn’t Bangabandhu try these war criminals? If he did, so many people wouldn’t need to die now opposing the convictions for something that happened 42 years ago. Most of them were not even born then. At least I would have been a very satisfied person happy for the justice given to the vicitms and their families for the atrocities. You just cannot take the trials out of context and claim AL govt is givng justice to the victims. You have to look at the whole picture and then only things become clear. Even if we know the alleged are actually perpetrators, we have to prove it beyond reasonable doubts in the court – otherwise the whole process actually favours the criminals creating doubts on many people’s mind and when the political motives are clearly associated with the whole process it even makes mockery of the trials. Mr Anam should look at why people are not lining up behind Sheikh Hasina on the issue rather than expressing disappointment on their unwillingness to do so.

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