These same renegade and reactionary forces have also claimed that 'there is no war criminal in the country now'. History and historical facts are unfortunately being mis-interpreted once again by these 'gyan papis' (wilful sinners). This is not surprising given the fact that they have been emboldened in this regard by their active participation in governance and government within mainstream politics during the previous regime. The present scenario is probably a culmination of the process that started decades ago with Ziaur Rahman's diluting of sucularism in the Constitution and Ershad's adoption, by way of the Eighth Amendment to the Constitution, of Islam as the state religion (which for all purposes negated the principle and ethos of secularism).
The current turmoil about the collaboration past of the Jamaat-e-Islami and other so called Islam 'pasand' parties during 1971 revolves round not only their future participation in the national polls but also with regard to the reopening of past criminal cases against those who perpetrated heinous acts or were accessories before or after the fact to such acts during 1971 (murder, kidnapping, rape and arson) on innocent civilians in Bangladesh.
I particularly refer my readers to the crimes that took place in the month of December 1971. What happened in the second week of that month was the culmination of an organised, premeditated, systematic campaign to decimate the intellectual population of the newly emerging country. Collaborators of the Yahya military junta, misguided in their interpretation of Islam, focused particularly on teachers, doctors, lawyers, journalists, musicians, painters and film directors. This was done with the specific intention of effacing what they thought was the 'source of inspiration' associated with the struggle for Bangladesh
How can Jamaat forget that 968 teachers and educationists from different schools and colleges who were assassinated during the last few weeks of the War of Independence? In addition 21 university teachers were also brutally murdered during that short span of time. Were these murders all figment of the imagination, or did collaborators and quislings of the vanquished Pakistani authorities commit these crimes? The deviates responsible for these criminal acts subsequently tried to glorify themselves by banding themselves under the banner of Islam (with the active encouragement of Islamic oriented parties) and forming groups with Muslim titles 'Al Shams' and 'Al Badr'. That was moral deterioration at its worst.
It would be fitting to note here that in Germany, according to the Constitution, if anyone refuses to acknowledge the holocaust and other Nazi atrocities, then such an act is considered a punishable crime. They have also correctly reflected the horros of the Hitler regime in their textbooks. It is still a different and unfortunate story in Bangladesh.
Despite clear records, our past leadership implicitly encouraged the inclusion of anti-liberation forces into our political matrix. This started with Ziaur Rahman and continued over the years with Ershad and also during the two BNP Administrations. The immediate past government, in particular, actively encouraged fundamentalist elements and carefully discouraged investigations that might have established links between acts of violence and Islamist prone political parties and organisations. It is therefore only natural that such anti-liberation forces should now feel emboldened to speak in the manner that they are doing.
Initially after independence, steps were taken to convene a War Crimes Trial. The legal and administrative process required for this purpose were also initiated. A number of Pakistani armed forces personnel were identified and indicted on charges of genocide and war crimes. Nevertheless, this trial never took place.
Similarly, the Special Tribunal Order was promulgated on 24 January 1972 (P.O No. 8 of 1972) to try collaborators of the Pakistan Armed Forces, particularly those who had willingly perpetrated criminal acts to thwart our efforts toward independence. Nearly 37,000 such collaborators were arrested under this Order on the basis of G.D entries and F.I.Rs recorded in different police stations throughout the country. This did not include the 195 persons who were identified as war criminals. Subsequently, through an act of amnesty and to facilitate re-conciliation, about 26,000 such alleged offenders/collaborators (guilty of relatively minor crimes) were released. Trials however continued through 75 tribunals with regard to the rest.
Unfortunately, the assassination of Bangabandhu Sheikh Mujibur Rahman in August 1975 changed the scenario. The International Criminal Act, 1973 and the Collaborators Act were rescinded through a Martial Law Proclamation on 31 December 1975. Furthermore, on 18 January 1976, those formerly incarcerated because of war crimes were permitted to apply for citizenship. This was a significant and regressive step. In all probability, it was taken by the then government to strengthen its position against the Awami League and other progressive forces. As a result, collaborators like Golam Azam and many others, who had openly associated themselves with anti liberation forces and had since fled from Bangladesh, were allowed to return to Bangladesh, and as citizens, permitted to participate in political activities. Someone with a controversial past even ended up as Prime Minister in the Zia administration.
We need to remember that religion based politics was not included in our original constitutional principles. The emphasis was on secularism. Such a concept was however not allowed to continue. The relevant Article (12) was deleted in the post-Awami League era through an amendment. The impact of such a decision is being felt today in more ways than one.
The renewed demand for justice and the correct interpretation of history, for obvious reasons, can only be solved through the compiling at the village level, throughout the country, of a list, of all those who are still alive and were actively associated in serious anti-liberation activities during 1971. However, this compilation should be based on explicit and incontrovertible evidence. It must also note whether the person in question in the list is presently involved in any political activity. The Office of the Deputy Commissioner could maintain such a list in every district for reference.
In case, involving murder, arson or rape, such persons could subsequently be dealt with in accordance with the due process of law as contained in existing penal provisions. We need not frame special codes or constitute special Commissions for this purpose. Such a step would also be possible because the Statute of Limitation does not apply for such criminal acts. The present government can play a constructive role in this regard. They can help to prepare such a list with evidence already available with the authorities (in the form of GD entries and FIRs) and also constitute Special Tribunals to facilitate speedy dispensation of justice according to due process of existing law. Such measures can only be taken by an impartial non-political government as we presently have. The present interim caretaker government has already demonstrated their ability with regard to the separation of the Judiciary from the Executive. Given the necessary political will, they may also be able to accomplish this desired objective.
I shall now come to the next aspect of this issue. Representatives from many political parties have stated that religion based political parties should not be allowed to participate in the next general election. Such an assumption will be consistent with legal provisions presently in place. A clear bar of this nature exists in principle under Section 20 (1) of the Special Powers Act (XIV of 1974) which states- "No person shall form, or be a member or otherwise take part in the activities of, any communal or other association or union which in the name or on the basis of any religion has for its object, or pursues, a political purpose."
Consequently, the Election Commission as well as the current government has a special duty in this regard. The political parties should have undertaken this special task earlier. However, they seem to have failed to perform the required duty because of political expediency. The Election Commission needs to stringently apply the above provision and also determine with the help of government agencies not only whether candidates are presently involved with any terrorist, extremist or fundamentalist group but also whether they were associated in the past with any anti-liberation forces during 1971. Any proof of their involvement should automatically preclude them from participating as a candidate in the next local or national election.
Let us not brush the entire issue under the carpet anymore. We know that justice delayed is justice denied. We should therefore initiate the necessary process for a satisfactory resolution so that the souls of the martyrs of 1971 find some solace and rest in peace. We should also try to create a mind-set where the people are encouraged to oppose and forsake the use of religion in politics. Political leaders and teachers can certainly play a pivotal role in this regard.
Muhammad Zamir is a former Secretary and Ambassador who can be reached at mzamir@dhaka.
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