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Sunday, March 14, 2010

[ALOCHONA] South Asian slave brides causing concern in UK



South Asian slave brides causing concern in UK

By Rahila Bano
BBC Asian Network

"Even an animal isn't treated in this way"

Hundreds of women who came to the UK from South Asia to marry say they have been treated as domestic slaves by their in-laws, the BBC has learned.

More than 500 who applied for residence in 2008-09 after their marriages broke down were deported because they could not prove any abuse had taken place. Police and charities are concerned the incidents are not reported because of family pressure and fear of reprisals. The UK Border Agency said measures were in place to try to prevent such abuse.

'Bloodied nose'

The women complaining of being treated as slaves by their families come from India, Pakistan and Bangladesh. One woman in her 20s says she was imprisoned by her mother-in-law for three years at their house in the north of England. She does not want to be named. She has now started to come to terms with her ordeal, a year after her mother-in-law was prosecuted, but she says she still lives with the fear inside her.

"One day my mother-in-law beat me up really badly," she says."There was a lot of blood coming out of my mouth and nose - I couldn't tell anyone, call anyone or go anywhere. "I used to get up at dawn and clean the whole house, scrub the floors, clean the windows, do the washing, cook. In between I'd have to sew."

She tried to kill herself twice. Eventually she managed to escape after her mother-in-law left her bedroom door unlocked. "Staying inside all the time, not being allowed to watch TV or go out... I thought I'd rather be dead than live like this."

Marai Larasi of Imkaan
Marai Larasi says there is a lack of services for women

Research by Imkaan, the national charity for Black and Asian victims of domestic violence, shows how difficult it is for other Asian women to report abuse. It surveyed 124 women who use Asian refuges across the country.

"A woman may not speak English, may not be aware of what's available in terms of services, she may be in a situation where everywhere she goes her abuser or a family member - who may be colluding in the abuse - is actually going with her," says Imkaan director Marai Larasi.

"So her opportunity to disclose the abuse is compromised. There's also a real lack of services for women in this position." There are concerns that this lack of reporting is leading many abused women from South Asia to eventually be deported when their marriages break down and they apply to stay in the UK.

DOMESTIC VIOLENCE LEAVE TO REMAIN APPLICATIONS GRANTED 2008/9
Pakistani: 240
Bangladeshi: 100
Indian: 100
Source: Home Office

Home Office rules state that any foreign national whose marriage breaks up within two years because of domestic violence can apply for indefinite leave to remain, but they must have reported the incident at the time to a person in authority - such as a GP or police officer.

Figures released by the Home Office show that more than half the number of South Asian brides who say they have been victims of domestic abuse in the UK have been deported in the last two years because they could not prove abuse had taken place.

Out of 980 applications for leave to remain in the UK in 2008 and 2009, only 440 women were allowed to stay. In a statement, the UK Border Agency said: "We take our role in providing protection to women very seriously. We already have a number of measures in place to try and provide more directed support such as specific instructions, assessment of the quality of decisions and training for case workers."

After the highly-publicised case of Naseebah Bibi last year, Lancashire Police say they believe the problem is widespread in some communities. Bibi was jailed for treating her three daughters-in-law as slaves at their home in Blackburn. "The women are facing pressure, not only from immediate family but also their extended family abroad who may be relying on the people in this country to finance them to help improve their lives," says Lancashire Police's Det Con Dave Souch, who led the Naseebah Bibi inquiry.

His colleague Sgt John Rigby described it as the "Cinderella syndrome". He adds: "The problem with slave labour, as it's been tagged, is probably far bigger than what we may expect - we can only go on the cases that are brought to our attention.

Sgt John Rigby
Sgt John Rigby says the problem is widespread

"But we know from the partner agencies we work alongside - like the Women's Aid Forums - who can tell you it's widespread."

Another woman, also in her 20s, was forced to flee her in-laws with her child. She was also too scared to reveal her identity. She explained: "If I made tea, it was for her or someone else. I didn't have permission to drink tea with them because in the 15-20 minutes it would take, housework would not get done.

"She would swear at my family, and accuse me of taking things. If any money or jewellery had been misplaced I would get the blame." She, too, was not allowed to speak to anyone outside of the family and was not allowed to go out by herself.

"Even a servant is allowed to have a break, but I was used like a machine," she recalls. "The worst thing about it was that my husband wasn't there for me. I'd have done everything for him without complaining - but he didn't care about me or his baby." She managed to escape after a year-and-a-half. She was rescued by her midwife, who alerted the authorities.

'Small proportion'

Parveen Javaid, domestic violence co-ordinator at Manchester-based Pakistani Resource Centre, said: "On average we deal with 20 to 30 cases a month where we give advice and support to women who are victims of mothers-in-law. "The majority of cases I deal with are women who've been kept as slaves - abuse within the house."

To put this into context, just over 37,000 women have come to the UK on spousal visas in the last five years and while domestic violence workers say most of these marriages are genuine and successful, a small proportion of those marriages do fail. What is clear is that this is still a hidden problem within South Asian communities.

It will remain so, unless women are encouraged to come forward and report it to the authorities.

http://news.bbc.co.uk/2/hi/uk_news/8566102.stm

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[ALOCHONA] The War in Afghanistan and the Central Asia Pipeline Plan



The War in Afghanistan and the Central Asia Pipeline Plan



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[ALOCHONA] War crimes law falls short



EXPERT PANEL SUBMITS LEGAL OPINION : War crimes law falls short
 
By David Bergman

Dhaka, Mar 14 (bdnews24.com)—An expert panel of international lawyers, including a former war crimes prosecutor, has submitted a legal opinion to the government setting out reasons why Bangladesh's legislation for planned war crimes trials is not compatible with international standards.

The lawyers recommend a further 17 changes to the recently amended International Crimes (Tribunals) Act 1973, arguing that it contains "significant omissions" regarding protection of rights of those on trial and "out of date" definitions of war crimes.

The legal opinion, written by the War Crimes Committee of the International Bar Association (IBA), was formally submitted at the end of February to the Bangladesh government by the UK's All-Party Parliamentary Human Rights Group who had requested the legal advice.

The UK parliamentary group told bdnews24.com that the Bangladesh High Commission in London had confirmed 12 days ago that it had sent the legal advice to the "relevant government authorities" in Bangladesh. A spokesperson from the group said, "We are now waiting for a more substantive reply from the relevant government authorities."

Law minister Shafique Ahmed who is out of the country could not be reached for comment, but state minister Kamrul Islam told bdnews24.com on Sunday he had not yet seen the legal opinion. "I have not officially received a copy of the document. When the law minister returns and we receive a copy, we will review it."

Trial of 1971 war crimes was among the top election pledges of Sheikh Hasina's Awami League government. The government, since coming to power in January last year, has taken a number of steps to put Bangladeshis in the dock who face charges of genocide, rape, arson, looting and abetting the Pakistani occupation forces during the 1971 liberation war.

Among these steps was the amendment of the International Crimes (Tribunals) Act 1973. Law minister Shafique Ahmed tabled the bill for its amendment in parliament last July 8, following a process of consultation with the Law Commission. The parliamentary standing committee on law was given one night to scrutinise the bill, before its passage the following day.

AREAS OF CONCERN

The IBA's War Crimes Committee comprises a 20-member expert advisory board, including Justice Richard Goldstone who was a former chief prosecutor for the International Criminal Tribunal for former Yugoslavia and the International Criminal Court.

They recommend 17 changes to the International Crimes (Tribunals) Act 1973, amended by the government last year, though they do acknowledge that the legislation "provides a system that is broadly compatible with current international standards".

The IBA's "area of greatest concern" in the amended Act involves the rights of individuals on trial where there are "some significant omission of the accepted international standards", according to the legal opinion submitted to the government.

The Act should not allow tribunals to continue in absence of any of its members, the lawyers argue. The accused must also have the right to challenge the constitution of the tribunal as well as the appointment of its members if "possible prejudice" arises during the trial, say the international lawyers.

The provisions concerning the process of investigation, in particular the rules relating to self-incrimination, are "complicated", "confusing" and "should be removed as unnecessary", the legal opinion says.

The lawyers advise that sections of the Rome Statute of the International Criminal Court dealing with rights of suspects during investigations should be included in the Act. They also propose that Article 14 of the International Covenant on Political Rights which sets out "fundamental principles which protect the rights of individuals before a court of law", should be incorporated.

The legal note raises concerns about definitions of two offences in the Act. It states that the definition of "crimes against humanity" used in the Act "misses an important element of the more modern definition" which says the crimes must be "widespread or systematic" and the accused person must have had "knowledge" of the crimes.

It also says that the offence of "crime against peace" should be deleted as it contains "outdated statutory language which remains undefined in most recent statutes in international criminal law".
 


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[ALOCHONA] Successful BDR-BSF meeting !



15 wounded in BSF firing

Villagers flee for safety as over 1,000 gunshots traded on Jaintapur border in Sylhet; offensives after Delhi meeting shock BDR chief .Only three days back, the Indian frontier force assured their Bangladesh counterpart of no more shooting at the civilians in the border areas. The assurance came when directors general of the two forces met in New Delhi.
 

http://www.amardeshonline.com/pages/details/2010/03/15/22874

Bagladesh Rifles and the Indian Border Security Force traded gunfire for around three hours yesterday after the latter crossed the Jaintapur border in Sylhet and shot at the locals.At least 15 villagers were injured in the BSF firing, reports our staff correspondent from Sylhet.

The border troops from either side fired over a thousand shots, forcing the villagers to flee their homes, said witnesses.The skirmish took place a day after BSF intruded into Bangladesh, dug bunkers and retreated following a flag meeting.

Some 40 Indians entered the Bangladesh territory through Muktapur-Jaintapur at around 10:30am.An hour later, they were joined by a hundred more. Backed by the Indian guards, they attempted to erect bamboo huts at Mandir Tila in Dibir Haor area, about 300 yards off the no-man's land.

A fight ensued when the villagers asked the intruders to leave. Hurling stones, the two sides chased each other for an hour.At around 2:00pm, BSF opened fire on the villagers and the BDR personnel. Bangladesh border guards shot back at them, leading to a gunfight that continued till the Indians retreated at around 4:45pm.

Lieutenant Colonel Zahirul Alam, commanding officer of 21 Rifle Battalion in Sylhet, said the attack on the villagers was premeditated. Alongside BSF jawans, Indian Khasias took part in it.He however could not confirm the number of shots exchanged.

Talking to The Daily Star last night, BDR Director General Major Gen Md Mainul Islam termed the incidents "very regrettable". He said BSF stopped firing after BDR contacted the Indian side. He observed the decisions taken at the recent meet do not seem to have been communicated to the BSF ranks at the grassroots level.

Gen Mainul stressed the need for the joint boundary working group to meet immediately to prevent a flare-up. Of the injured, Abul Kalam, 35, was admitted to Sylhet MAG Osmani Medical College Hospital.

The others--Sumon 25, Abdur Rahman, 30, Mohammad Russell, 20, Ram, 25, Matin Miah, 30, Abdur Rahim, 40, Solaiman Miah, 80, Abdul Halim, 40, Mashuk,35, Sabbir Ahmed, Mokbul Ali, 26, Monir Hossain, 25, Kabir Ahmed, 22 and Akkel Ali--were taken to Jaintapur upazila health complex.Most of those wounded hail from Dibir Haor, Ghilatail, Naljur and Fulbari areas.The situation along the Jaintapur border has been tense since early February.

Indians have lately made several attempts to occupy land in Dibir Haor and Kendra Beel areas. On February 4, BSF abducted nayek Mujibur Rahman from Dibir Haor. They returned him after a flag meeting on the Tamabil frontier. But on February 14, the Indian border force shot and injured three Bangladeshis. They fired at the villagers again on February 26 and 28.

http://www.thedailystar.net/story.php?nid=130107

http://www.dailykalerkantho.com/?view=details&type=single&pub_no=105&cat_id=1&menu_id=13&news_type_id=1&index=2
 
 


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[ALOCHONA] US concerned over ‘unlawful killings’ in Bangladesh



US concerned over 'unlawful killings' in Bangladesh
Bdnews24.com . Dhaka 14/3/10 

The US State Department's 2009 Human Rights Report on Bangladesh, released Thursday, raised concerns over 'unlawful killings' by security forces, which continued unabated, and reports of rising political violence.
   It also highlighted the government's failure to investigate the deaths in custody of alleged BDR mutineers.
   The State Department's latest annual human rights reports identified several general trends across the globe including government efforts to silence dissent.
   The US secretary of state, Hillary Clinton, described the annual reports - legally required by Congress - as 'an important tool in the development of practical and effective human rights strategy by the United States government'.
   The reports hit out at current foes China and Iran, citing constraints on Internet communications; new and often 'draconian' restrictions on civil society groups; and the persecution of vulnerable groups, such as minorities, women, children and the disabled.
   The State Department also said over the past year many governments had applied 'overly broad interpretations of terrorism and emergency powers' as a way of limiting the rights of detainees and other basic human rights.
   The reports carried a new concern this year too about growing anti-Muslim discrimination in Europe. It highlighted last year's ban on the construction of minarets in Switzerland as an example.
   The Bangladesh report recognised that 'the government's human rights record improved somewhat due to the return of a democratically elected government and the repeal of the state of emergency.'
   The elections in December 2008 and the peaceful transfer of power in January 2009 ended two years of rule by a military-backed caretaker government.
   'Civilian authorities generally maintained effective control of the security forces,' the report said.
   But despite the return of a democratically elected government there remained cases of 'serious abuse', the report said, including custodial deaths, arbitrary arrest and detention, and harassment of journalists.
   The report notes that according to the Bangladesh government's statistics, there was a 3 per cent increase in the number of killings by all security personnel. It states that despite public statements by high-ranking politicians that the government would show 'zero tolerance' and would fully investigate all extrajudicial killings by security forces, 'the government did not take comprehensive measures to investigate these cases.'
   According to media reports, local and international human rights organisations, and the government, law enforcement officials were responsible for 154 deaths, 129 of which were attributed to 'crossfire', representing a three per cent increase from the previous year.
   The RAB accounted for 38 'crossfire' killings; members of the police were responsible for 63; combined security units consisting of the RAB and police were responsible for 25; and the army committed three 'crossfire' killings.
   In relation to killings by RAB in particular, the report said although there was a 40 per cent drop in the number compared to the previous year – from 68 to 41 - it notes that the government has not prosecuted any RAB officer.
   Using figures provided by human rights organisations, the report states that the use of torture, which it says had decreased in the last year of the interim government, rose again last year. The report states that the RAB, military, and police 'frequently employed severe physical and psychological abuse during arrests and interrogations.'
   'With the return of an elected government, reports of politically motivated violence increased 3.3 per cent,' the report said.
   The report states that political violence resumed following the end of the state of emergency, with opposition party supporters claiming harassment by ruling party supporters.
   Referring to a report by one human rights organisation, it stated that 251 deaths were suspected of being politically motivated.
   Restrictions on holding rallies and processions ended with the withdrawal of the state of emergency in December 2008. The new government generally permitted rallies to take place but on occasion used Section 144 of the Criminal Procedure Code to prevent opposition political groups from holding meetings and demonstrations.
   Section 144 authorises the administration to ban assembly of more than four persons; according to human rights groups, the administration used this provision at least 82 times during the year.
   At times police or ruling party activists reportedly used force to break up demonstrations.
   On February 25-26, members of the BDR staged a mutiny, alleging poor pay and benefits, as well as corruption among senior officers drawn from the army, the report noted.
   During the two-day mutiny, BDR soldiers killed 57 officers and 15 of their family members, including the director general and his wife. Security forces subsequently arrested more than 2,000 individuals allegedly involved in the uprising.
   According to media reports, 59 BDR members arrested in the wake of the February 25-26 mutiny died in custody.
   'There were credible reports that many of the deceased had been tortured. To investigate these allegations, the government formed a committee, which concluded that only two members died as a result of torture. No other government action was taken,' said the report.
   'Family members of the victims alleged they died after being tortured ... several BDR members taken into custody claimed the RAB and police physically assaulted and beat them, administered electric shocks, blindfolded them, and hung them upside down while in custody; NGOs alleged army personnel also were involved in custodial deaths.'
   The report noted that the government announced an investigation and promised to publish a report by July regarding the nature of the deaths but failed to publish any report. The government investigation ruled that only two members died due to torture and that the others died as a result of illness or suicide. At year's end the government had not taken any action regarding the deaths or allegations of torture.
   Attacks on journalists continued to be a problem, the report said. There was an increase in individuals affiliated with the government or ruling party harassing, arresting, or assaulting journalists. According to human rights and media watchdog groups, at least three journalists were killed, 84 were injured, one was arrested, 45 were assaulted, 73 were threatened, and 23 had cases filed against them during the year.
   According to some journalists and human rights NGOs, journalists engaged in self-censorship for fear of retribution from the government.
   Referring to official corruption and government transparency, the report said the government 'did not implement anti-corruption laws effectively'.
   It also observed that approximately 1,817 cases filed mostly against ruling party leaders were withdrawn over the year, including cases filed against prime minister Sheikh Hasina.


 

Regards

 

Ezajur Rahman (Junel)

Kuwait




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[ALOCHONA] Awami League/Chatra League



1 missing, 3 hurt as Jessore factions clash again
 
The convener of Jessore sadar upazila unit Chhatra League was hacked dead in an attack allegedly by rival group yesterday, a day after the organisation's district council was suspended following a factional feud.

With almost all the shops and businesses shut, panic spread through the town in the evening following the death of Ripon Hossain alias Dada, also a candidate for the general secretary post of the district unit Bangladesh Chhatra League. Selim, a fellow activist who was with Ripon during the incident, has been reported missing.

Meanwhile, police yesterday filed a case against 500 unidentified people, following Saturday night's fight between two BCL factions. The clash left at least 20 BCL men injured. Both factions blamed one another for the incident that suspended the council.The killing of Ripon followed stabbing and beating of BCL activists by their rival groups throughout the day, leaving at least three BCL activists wounded.

Sources said Ripon came under attack on his way to Jessore town from his home in Aranda. He was riding a motorbike along with Selim. A gang stopped Ripon as he reached Bhekutia Bazar around 7:00pm. They hacked him and dumped his body in the roadside pond. Whereabouts of Selim were not known as of 8:30pm.

Locals dragged Ripon from the water and took him to a local hospital where doctors declared him dead around 7:15pm. "A group of five or six BCL activists, jointly led by Hafiz, Iqbal and Mikayeel, launched the attack," alleged Rabiul Islam, Ripon's uncle. Sources said the attackers are the supporters of local lawmakers and Ripon was a supporter of local upazila parishad chairman.

Another group, loyal to a local ruling party lawmaker, stabbed Aziz, 50, an Awami League leader, in Rail Gate area of the town, yesterday noon.The same group beat up Ajhar Hossain Swapon, joint secretary of district Jubo League and activist Monwar Hossain Joni in the morning.

Leaders and activists of Awami League, backed by an upazila parishad chairman, brought out a procession in the town protesting the attacks. Sources said members of both factions were seen carrying arms.
 
 
 
 


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[ALOCHONA] Law and order slide worries people



Law and order slide worries people
Courtesy New Age 14/3/10 Arif Newaz Farazi

Law and order has deteriorated sharply in Dhaka and elsewhere in the country in past few weeks with crimes like killing, mugging, extortion and burglary on the rise despite stepped-up security measures and police vigilance.
   Experts and human rights activists said the situation was far from satisfactory while government and law enforcement officials claimed the situation was not so worrying.
   Admitting that law and order had not improved much, home secretary Abdus Sobhan Sikder told New Age that a change did not come overnight. 'We had to put in much effort in preparing the law enforcement and intelligence agencies and the countrymen have started getting the benefit.'
   He said, the democratic government took over power from an interim administration and the entire situation was unstable at that time for various reasons.
   'Besides, vested quarters are active to destabilise the situation but we are aware of the plots and prepared to thwart them,' he said.
   Soon after the AL-led alliance assumed office, the ruling party men engaged in tender manipulation in different ministries and departments and occupying university halls and college hostels much to the disappointment of the countrymen.
   In first six months of its power, lax security measures paved the way for rampant killings, extortion over phone, mugging, robbery and drugs peddling while increasing activities of the outlawed groups in the southwestern region caused worries among the people.
   Muggers on motorbike shot and killed a rice trader Afil Uddin Miah, 37, owner of VIP Rice Mills in Babubazar of the capital on January 23 and sped away with about Taka 10 lakh robbed from him in broad daylight.
   Armed robbers looted cash and valuables worth about Tk. 4 lakh from the house of an expatriate at Mijimiji Painadi under
   Siddhirganj in Narayanganj on February 10.
   The robbers held the inmates of the house hostage at gunpoint and looted Tk one lakh, eight tolas of gold ornaments and four mobile phone sets.
   Armed muggers snatched away money and gold ornaments from different jewellery shops in Mirpur in broad daylight last week.
   Incidents of extortion over phone and by sending letters have also increased in past few weeks. In a few such incidents the gangsters, after being refused payment, shot at the security guards or employees of their targeted persons.
   City service transport owners had called an indefinite strike on Wednesday in protest at rampant extortion but called off the strike after being assured by the authorities concerned that steps would be taken to stop extortion.
   Former adviser to the caretaker government Sultana Kamal, who is also a human rights leader, told New Age that people given the Awami League-led alliance a massive mandate with the hope that it would stand by the people. The prime minister and other ministers also vowed 'zero tolerance' about criminals. 'Perhaps the government is sincere about the matter, but we have not yet seen the desired changes in law and order.'
   'In the beginning, the situation was more worrying. But now it seems to be changing and we hope the government will be able to tackle things.'
   Inspector general of police Nur Mohammad told New Age that police remained vigilant and the situation was improving thanks to the assistance from the countrymen as well as the government's determination.
   Director general of RAB Hassan Mahmud Khandker told New Age, 'We have beefed up security measures, installed additional check-posts, increased patrol and vigilance and achieved successes in action against the militants.'


 

Regards

 

Ezajur Rahman (Junel)

Kuwait




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[ALOCHONA] BCL girls fight at Eden College



ADMISSION BUSINESS
BCL girls fight at Eden College

DU Correspondent

Two feuding factions of the Eden College unit of Bangladesh Chhatra League fought on the campus for hours on Friday over share of the 'admission business'. It is alleged that the leaders charge a handsome amount of money from some students to facilitate their admission, and in the process many unfit students are getting admission while capable students are being deprived.
   Chhatra League activists loyal to unit president Selina Shamima Nijhum and their antagonists got locked in an altercation that led to a brawl with sticks, iron rods and brickbats.
   The clash began at morning when Nijhum's followers drove away an activist, who is loyal to anti-Nijhum leaders, from Razia Begum Hostel, said college sources.
   After this many of the Chhatra League leaders of the college took a stand against Nijhum, saying that she was involved in illegal businesses including the 'admission trade' and was responsible for oppression of students in the college's hostels, sources added.
   The anti-Nijhum leaders also claimed that the college's principal, Mahfuza Chowdhury, always abets Nijhum in her illegal activities.
   They demanded immediate expulsion of the principal and Nijhum. They said that they would launch a tough movement to realise their demands.
   They said that Nijhum and general secretary Farzana Yasmin Tania jointly enrolled almost seven hundred students illegally in this year's Honours courses.
   General students said that there was no difference between Nijhum and the BCL leaders who were against her, and the latter were now protesting against her because they felt deprived of their share in the admission business.
   Nijhum, while talking to reporters, dismissed the allegations and said she would step down from the post of president if anyone could prove that she was involved in the admission business.
   She said that four vice-presidents of the BCL unit — Champa Khatun, Sharmin Sultana Sharmi, Taniya Sultana Happy and Kaniz Fatema — were responsible for Friday's violence.
   The vice-principal of the college, Ayesha Begum, said there had been a dispute between Chhatra League activists but it was not a big deal.
   She also claimed that there were no irregularities in the admission process this year.
   The police went to the college at around noon and brought the situation under control. But activists loyal to both the groups were roaming around on the campus with sticks and iron rods till the evening, said the general students of the college.


 

Regards

 

Ezajur Rahman (Junel)

Kuwait




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[ALOCHONA] Secular State is the Moral Stare



         Over the years, mainly over the internet, Ishtiaq Ahmed and I have struck a friendship. My Pakistani friend Dr. Kalim Irfani aked me to pay a visit to Ishtiaq while I was in Stockholm on vacation in 2004. Ishtiaq and his family graciously invited me to tea.
           It is a pity that Bangladeshi secularists are neither very progresive nor as knowledgeable as their Pakistani counterparts.
 
             Farida Majid
 
-------------------------------------------
 
<<... a secular morality that is far superior to all the 'might-is-right' conquests that were normal when warrior nations such as the Romans and Arabs or later the Europeans could embark upon and subjugate other peoples.
 
Secular political thought, tempered by the growing realisation that human beings have to be treated as equal and free without regard to race, nationality or religion, has created vastly different possibilities for human beings to live in peace and enjoy a life of dignity under the law. ...>>

Daily Times, Tuesday, 09 March 2010

 

http://www.dailytimes.com.pk/default.asp?page=2010\03\09\story_9-3-2010_pg3_2

 

View: A secular state is a moral state —Ishtiaq Ahmed

 

The modern secular-democratic state must ensure that all individuals as well as majorities and minorities enjoy freedom of religion and conscience and the political right to choose their government


In the last few weeks the Daily Times has carried a number of very interesting articles for and against making Pakistan a secular state. Babar Ayaz pleaded for amending the Pakistani constitution with a view to making it a secular state ('Amendments for a secular constitution', Daily Times, February 2, 2010). Dr S M Rahman of the Friends Foundation took a diametrically opposite stand, debunking the secular state as an immoral entity, which allegedly focuses entirely on the pursuit of hedonistic interests and pleasures ('Is secularism that sacrosanct?' Daily Times, February 22, 2010). Both authors have advanced seriously considered arguments in favour of their political and ideological preferences. I fully sympathise with Babar Ayaz as he has referred to the hard facts of the brutalisation of society that has taken place in Pakistan in recent years.

Some further arguments can be adduced in support of the secular state. The basic flaw in Dr Rahman's thesis is that instead of reviewing contemporary views on the secular state, he eclectically quotes fictional literature and with a broad sweep the history of 2,000 years of Christendom, the Renaissance, the Reformation and so on, but does not attempt a review of the development in political theory and practice with regard to the contemporary secular state.

Not only Rousseau but some other Western writers have shown admiration for the state of Medina founded by the Prophet (PBUH) and sustained for a while by his pious successors (29 years according to the Sunnis and a mere six years according to the Shias). However, what those writers have not done but which any serious and honest scholar of today — Muslim or non-Muslim — cannot escape noticing is that subsequent attempts to resuscitate the ideal Islamic state have been unmitigated disasters.

I have shown in my doctoral dissertation ('The Concept of an Islamic State: An Analysis of the Ideological Controversy in Pakistan' published in 1987 and again in 1992), that the Quran does not provide a general theory of the state or government; it at most provides a sui generis idea of a Prophet-in-Authority. The Prophet (PBUH) was a lawgiver, a law enforcer and a law adjudicator. Upon his death the role of lawgiver was over. The pious caliphs could at most claim the right to enforce the law and to adjudicate it when it was violated. With the assassination of Ali in 661 AD, the ideal Islamic state ceased to exist.

During the pre-modern period, education, information and knowledge were restricted to very small elites, pious or corrupt. In such circumstances, societies were lucky to have a benevolent despot in power but were mostly ruled by absolute rulers; many were tyrants. One can argue that at that period in history it was but natural that some gifted individuals could make a huge difference in the lives of people. Since the Prophet (PBUH) and his pious successors were in their own time revolutionaries who tried to establish a more just society than what was present contemporaneously in the 7th century, their achievements have admirers not only among Muslims but also others. With the advances in education, information, law, constitutionalism, moral philosophy and political theory, there is no need for pinning hope on gifted individuals. Rather the need is to build institutions that ensure respect for the rights of citizens.

The modern conception of the state begins with Machiavelli — an authority that Dr Rahman probably is referring to with regard to morality. That view of the secular state has indeed visited great suffering on humanity during the period of nationalism, and the two World Wars and the Holocaust are examples of it. However, the state as an entity upholding the rule of law and itself accepting limits to its power and authority by law has a long pedigree. It origins are undoubtedly the British Isles. The rule of law meant recognition of the rights of individuals to certain inalienable freedoms. Those freedoms included the freedom to conscience and religion as well.

It is such a secular state that has evolved during the 20th century into a welfare state, and after World War II it has become truly universal, requiring equal treatment of men and women, protection of the rights of minorities to their culture and religion, and committed the state to promote the welfare of its citizens. I do not find such developments immoral in any sense of the word. On the contrary, the modern secular state prescribes a very advanced morality — that its citizens have the right to be liberated from want and hunger, illiteracy and disempowerment, which has been the lot of the mass of the people throughout history. Moreover, the modern secular-democratic state must ensure that all individuals as well as majorities and minorities enjoy the freedom of religion and conscience and the political right to choose their government. There are of course many other rights that are now part of the UN conventions and national constitutions. The whole idea is that the government cannot arbitrarily repeal the human and civil rights of citizens.

No doubt the secular-democratic state is no guarantee that its constitution and laws will never allow abuse of power — the unlawful invasion of Iraq in 2003 by religious freaks like US President Bush and British Prime Minister Blair are some indication of the need to extend the rule of law beyond the state to international relations. In other words, there is an urgent need to ensure that the violation of international law that results in the deaths of innocent people is criminalised even more strongly. The International Criminal Court (ICC) has been assigned the task of ensuring that leaders who are guilty of crimes against humanity and acts of genocide are tried and punished.

It represents a secular morality that is far superior to all the 'might-is-right' conquests that were normal when warrior nations such as the Romans and Arabs or later the Europeans could embark upon and subjugate other peoples. Secular political thought, tempered by the growing realisation that human beings have to be treated as equal and free without regard to race, nationality or religion, has created vastly different possibilities for human beings to live in peace and enjoy a life of dignity under the law. Therefore, the modern secular state is a moral state.

Ishtiaq Ahmed is a Visiting Research Professor at the Institute of South Asian Studies (ISAS) and the South Asian Studies Programme at the National University of Singapore. He is also Professor Emeritus of Political Science at Stockholm University. He has published extensively on South Asian politics. At ISAS, he is currently working on a book, Is Pakistan a Garrison State? He can be reached at isasia@nus.edu.sg

 



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Re: [ALOCHONA] It is not wise to blindly oppose India: Dipu Moni



FRIENDS


FEW DAYS SOME OF THE PAA CHATA HINDUER DALAL WERE TELLING THAT BANGLADESH IS LUCKY TO HAVE ONE OF THE FINEST CAPABLE,PRUDENT, ERUDITE, KNOWLEGABLE FOREIGN MINISTER LIKE DIPU MONI !!!!!!!!

TO MILLIONS IT WAS THE GREATEST JOKE OF THE MILLINIUM N AN INSULT TO A DOCTOR  N PAKISTANI HOUSEWIFE TURNED DIPOLMAT OVERNIGHT JUST DUE CONNECTION WITH PRONOOOOOOB DAAAAAAAAAAAAAAAAAA, SARDARJEEEEEEEEE  N  SOOOOOOOONEEEEEEEaaaaaaaa  jeeeee(HER PROFILE IN WEBSITE PROBES THAT).

IN BANGLA THERE IS A SAYING THAT " KOTO RONGO DEKHAILY REY SOI HESEY DEKHILI.....??????????


On Sat, Mar 13, 2010 at 11:09 PM, Isha Khan <bdmailer@gmail.com> wrote:
 

It is not wise to blindly oppose India: Dipu Moni
 


Foreign Minister Dr Dipu Moni Saturday said it would not be wise for Bangladesh to shut in through blind opposition to India as Indian cooperation is needed for Bangladesh's own economic interests, reports UNB.
 
"It would be futile to keep ourselves shut in a closed door by blindly opposing India. For our own interest we need India," she said while speaking at a seminar on 'South Asia Regional Cooperation: Problems and Prospects' at the National Press Club.

The Foreign Minister deplored that out of security phobia Bangladesh was not linked with the information superhighway in the past, which has pushed the country 50 years back.She said if the opposition cooperates, Bangladesh's doors for bilateral and regional cooperation would open wider. She opposed the 'double standard' of pleasing India while in power and opposing while out of power. "On national issues, we will have to come out of petty party interest and work for the benefit of the people," the FM said, indicating a standoff on part of the main opposition party, BNP.

Organised by the Bazlur Rahman Foundation, the seminar was also addressed, among others, by former ambassadors CM Shafi Sami, Mostafa Faruq Mohammad and Mohammad Zamir, JSD president Hasanul Huq Inu MP, BNP leader Inam Ahmed Chowdhury, Editors Reaz Uddin Ahmed and Nurul Kabir, Mustafizur Rahman of CPD and BKMEA president Fazlul Huq.

Foundation chairman Khandaker Ibrahim Khaled chaired the seminar where journalist Jaglul A Chowdhury read out the keynote. Foundation's secretary-general, Kashem Humayun, made introductory remarks.

Agriculture Minister Motia Chowdhury was present. Dipu Moni said the Prime Minister's recent visit to India created an enabling atmosphere where bilateral ties would be strengthened. The visit would also help joint management of the waters of the common rivers.

She said though SAARC has not achieved substantial gains, but it has made certain progress. She mentioned the formation of SAARC Development Fund and South Asian Women University.The Foreign Minister said all SAARC windows of prosperity will have to be exploited. Not only with India, Bangladesh wants to work closely with all South Asian countries.

Most of the speakers mentioned a lack of confidence, and distrust, among the SAARC member-states that led to slow progress of the regional cooperation block.Former Foreign Secretary CM Shafi Sami said South Asia has common problems of hunger, poverty, natural calamity and it needs regional cooperation and consolidation of the inter-state relations to tackle the daunting problems.

He pointed out that inter-state trade has increased only to 4.7 per cent from 3.6 per cent in the last 10 years and implementation of SAFTA is being delayed. He suggested formulation of strategy so all member-countries could be economically benefited in a "win-win situation".

Shafi Sami stressed bilateral and regional cooperation in harnessing water resources and production of electricity. He thought if a big project in energy or water sector could be taken up under the umbrella of STARC, it would help remove distrust to a large extent.

JSD president Hasanul Huq Inu MP said the Prime Minister could take an initiative for joint security framework and management of water resources.

Reazuddin Ahmed noted that SAARC was born in suspicion from where the forum has not yet been able to come out. He strongly advocated for free movement of people, including media personnel, by easing visa regime among the SAARC countries. http://thefinancialexpress-bd.com/more.php?news_id=94989



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Re: [ALOCHONA] About a Minister, Bank MD and gunman



Do you think Awami league will take action or send him to jail? You are out of your mind that Sk.Hasina has guts to do that.
 
 

--- On Sun, 3/14/10, Isha Khan <bdmailer@gmail.com> wrote:

From: Isha Khan <bdmailer@gmail.com>
Subject: [ALOCHONA] About a Minister, Bank MD and gunman
To: dhakamails@yahoogroups.com
Date: Sunday, March 14, 2010, 1:50 AM



About a Minister, Bank MD and gunman
 
 
 
 
 
 





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RE: [ALOCHONA] FW: Blow to Religion-based Politics in Bangladesh



  If you want to prove that I am an idiot then you have to do better than attributing to me statements I never made.
 
        Nothing I ever wrote could possibly be construed as asuming "All things Islamic are bad."  I am an internationally acknowledged scholar on Islam and women.  You are being spiteful at the risk of having to resort to lies. What exactly are you defending?
 
       Unless, of course, you are making a mistake of equating Jamaat and Shibir with Islam, in which case I would accuse you of being a-dharmik. S. A. Hannan has equated Shibir with Islam recently. He constantly hints at himelf being the equivalence of Islam.
 
         Let me ask you a question.  What do you know about secularism and its history in the Western world?  How much do you know of the history of your own motherland, Bengal?
 
         It is the Jamaat who is falsely propagandizing about secularism being religion-less or dharma-heen.  Secularism is inclusive of religion, it only assures and protects freedom of religion for all. But Jamaat does not want protection of people of other faiths; it does not even want the protection of fellow Muslims if they do not agree with their political agenda or views. Witness how ruthlessly they slaughtered fellow Muslims and fellow-Bangalee during the 1971 genocide!
 
          Do you believe that use of "bismillah" should be justified for committing an illegal vandalizing act?
 
          I think it is an act of 'kufri' or outright blasphemy.
 
          I can provide support from the Qur'an and Sunnah against the blasphemous act of putting "bismillah" illegally at the beginning of the Preamble of the Constitution of Bangladesh by a Martial Law Proclamation of 1977.
 
        I have no personal problem with "bismillah", it is my constant companion. I HAVE A PROBLEM WITH MARTIAL LAW.  There is no such law in the Bangladesh Constitution. How many times do I have to say it?
 
         May Allah guide your mind towards rashada~!
 
         Farida Majid
 
 

 


To: alochona@yahoogroups.com
From: qrahman@netscape.net
Date: Sun, 28 Feb 2010 02:49:53 -0500
Subject: RE: [ALOCHONA] FW: Blow to Religion-based Politics in Bangladesh

 






 
Attached Message
From: qrahman@aim.com
To: alochona@yahoogroups.com
Subject: RE: [ALOCHONA] FW: Blow to Religion-based Politics in Bangladesh
Date: Sat, 27 Feb 2010 01:04:40 +0600
Dear Alochok Farida,
 Secularism in Indian sub continent was very different and complex than what you  are projecting in this forum. Removing "Bismillah" will not ensure safe environment  for minorities. Rather we have to turn ourselves into a group that uphold law of  the land. 
Remember "Golden age of Jewish civilization" came when Muslims use to  follow sharia law in Spain. It is plain wrong to assume all things "Islamic" are  bad (Or all things Islamic automatically makes everything perfect!). Thomas Freedman of NY times coined the term "Islamist" as negetive and we  have been debating among ourselves without looking into this "Flawed" context.  We should stand united against violence and lawlessness. We should  not stand  against Islam.  Bangabandhu was a man of wisdom. During 47 he was part of Muslim League because  situation null such stance. During 71, he took up the cause of protecting  Bengalis. He NEVER stood up against Islam.
even communists from India understand religion is a big part of our culture and history. So they kept the right balance for India while 
promoting socialist system in many parts of India. 
---Quazi
  -original message- Subject: RE: [ALOCHONA] FW: Blow to Religion-based Politics in Bangladesh From: Farida Majid <farida_majid@hotmail.com> Date: 21/02/2010 1:07 pm      This tiresome practice of first citing the West for a model to look UP to,  and then looking DOWN upon the West as Godless because they are SECULAR seems  pointless. Actually, it points to an "inferiority complex" of both the deshi  Islamists and the secularists who never understood the complex historical  development of Secularism in the West. European secularism is a relatively  recent phenonmenon, and American secularim is only Constitutional.      Secularism in the Constitution of Bangladesh is more appropriate, and naturally  more fitting to its cultural and civilizational heritage than it is to the  Constitution of the United States of America.              It is us, nurtured in the great Indian Civilization, who enjoyed  secularism for all those gloriously prosperous centuries while Europe was mired  in religious strife and bigotry.              Finally, please stop citing Christian Democratic Party of Germany as an  IDEAL of religion-based political party.  In the European political party the  name indicates 'democrats' who happen to be Christians as opposed to being  communists or something else. But BD-Jamaat claims to be the SOLE purveyor of  Allah'r Ain and resorts to killing other Muslims if they don't agree with their  political agenda.              Farida Majid  =========================   To: alochona@yahoogroups.com From: azizhuq@hotmail.com Date: Sat, 13 Feb 2010 13:08:30 +0000 Subject: RE: [ALOCHONA] FW: Blow to Religion-based Politics in Bangladesh        Most European countries have religion based political parties (Christan  Democratic) yet Europe is most secular. While America has no major religion  based political parties (at least by name) still religion plays a great role in  America.    There are three Jamaths (Islamic groups) in Bangladesh (JMB, JIB and the TJ).  One is, most probably, banned. So, when one goes down the other will come up.    It will be interesting to see the direction Bangladesh takes.       farida_majid@hotmail.com Date: Thu, 11 Feb 2010 17:30:03 -0500 Subject: [ALOCHONA] FW: Blow to Religion-based Politics in Bangladesh                A very good summing-up without any frills.            I would clarify only one thing.  The notorious Fifth Amendment did not  include the placement of "Bismillah" in the Preamble of the Consitution.   Therefore the repeal of the Amendment does not by itself remove "Bismillah".   There has to be another Parliamentary gesture to clean up the Constitution of  any sign of preference for a particular religion.                Farida Majid                         Blow to Religion-Based Politics in Bangladesh Friday 05 February 2010  by: J. Sri Raman, t r u t h o u t | Op-Ed       Here is some disconcerting news for all disciples of neocon gurus, who had  discovered Islam as the enemy of democracy and the successor to the "evil  empire" of the cold war era. An Islamic country of 160 million people, under an  elected government, is witnessing important but ill-noticed moves to abolish  religion-based politics.   On February 2, the Supreme Court of Bangladesh struck down a nearly 11-year-old  constitutional amendment that had allowed religion-based political parities to  function and flourish in the country. The ruling had the effect of restoring the  statutory secularism, which Bangladesh adopted in 1972 after liberation from  Pakistan and lost five years later following a series of military coups.   It may also have the effect of inspiring at least a debate on the issues in  Pakistan, the other Islamic country of South Asia. It may also have a ripple  effect, helping to raise the issues subsequently in sections of the rest of the  Islamic world.   This only carries forward an old battle. The logic of Bangladesh's liberation  war itself led the nation's founder, Sheikh Mujibur Rahman, to place its  linguistic identity above the religious. The reverse of the same logic drove  religion-based groups in the the pre-liberation East Pakistan to side with  Islamabad in the war.   The first constitution of Bangladesh, under Article 38, placed a bar on  religion-based parties and politics. Mujib, as he was popularly known, and most  of his family were assassinated in a coup on August 25, 1975. A series of coups  since then culminated in the country's takeover by Maj.-Gen. Ziaur Rahman in  1977. In April 1979, the Zia regime enacted the infamous Fifth Amendment to the  constitution, paving the way for the return of religion-based parties and  politics.   Article 38 of the original constitution proclaimed: "Every citizen shall have  the right to form associations or unions, subject to any reasonable restrictions  imposed by law in the interests of morality or public order." But it clearly  added: "Provided that no person shall have the right to 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."   As revised under the Fifth Amendment, the Article said: "Every citizen shall  have the right to form associations or unions, subject to any reasonable  restrictions imposed by law in the interests of public order or public health."  The amendment scrapped the original Article 12, which enshrined "secularism" and  "freedom of religion" in the supreme law of the land.   Earlier, by a proclamation, the martial law regime made other major changes in  the constitution as well. The Preamble to the constitution was preceded by the  religious invocation, "Bismillah-ar-Rahman-ar-Rahim" (in the name of Allah, the  Beneficent, the Merciful). In the text of the Preamble, the words "a historic  struggle for national liberation" were replaced with "a historic war for  national independence." The phrase mentioning "nationalism, socialism, democracy  and secularism" as the "high ideals" in the second paragraph was replaced with  "absolute trust and faith in Almighty Allah, nationalism, democracy and  socialism meaning economic and social justice."   Article 8 of the original constitution - laying down nationalism, socialism,  democracy and secularism as the four fundamental principles of state policy -  was amended to omit "secularism" and replace it with "absolute trust and faith  in Almighty Allah." In repeated pronouncements, Zia also substituted  "Bangladeshi nationalism" for the "Bengali nationalism" of the Mujib days that  stressed a non-religious identity.   Lt.-Gen. Hussain Muhammad Ershad, who staged yet another coup and ruled  Bangladesh during 1982-86, carried Zia's initiative forward by making Islam the  "state religion" through the Eighth Amendment.   The battle between the secular and anti-secular camps continued through all  this, and became more open after the country's return to democracy in 1991. The  Awami League (AL), headed by Mujib's daughter Sheikh Hasina Wajed, has always  fought for abrogation of the Fifth Amendment. The Bangladesh Nationalist Party  (BNP), founded by Zia and now led by his widow Begum Khaleda Zia, and its allies  pursuing religion-based politics have remained uncompromising supporters of the  amendment.   The AL and its allies scored a legal victory in August 2005, when the country's  High Court held the amendment unconstitutional. The court said: "These changes  (made by the Fifth Amendment) were fundamental in nature and changed the very  basis of our war for liberation and also defaced the constitution altogether."  It added that the amendment transformed secular Bangladesh into a "theocratic  state" and "betrayed one of the dominant causes for the war of liberation."   The government in Dhaka, then a coalition of the BNP and the religion-based  Jamaat-i-Islami (JeI), moved a petition in the Supreme Court against the ruling.  The order was stayed and the issue of the amendment was put on the back burner,  where it stayed for four years.   Then came a major political change. A year ago, on January 6, 2009, Hasina  returned as prime minister after a landslide electoral victory. In early May  2009, the AL government withdrew the old, official petition for staying the 2005  court ruling. The BNP-JeI alliance was quick to react. BNP Secretary General  Khondker Delwar Hossain and three lawyers from the JeI rushed to the Supreme  Court with petitions seeking to protect the amendment. Their petitions have been  thrown out.   The JeI and other religion-based groups did not endear themselves to the  country, as the results of the last general election showed, with their violent  activities. The serial bombing they carried out across Bangladesh in 2005,  taking a heavy toll of human lives, did not help the BNP return to power through  the ballot box. The period 2001-06, when the BNP-led alliance wielded power,  witnessed "unprecedented" atrocities against religious and ethnic minorities,  according to Bangladeshi rights activist Shahriar Kabir. The victims included  Hindus, Ahmediyas and other communities and the atrocities ranged from killings  and rapes to destruction and desecration of places of worship.   After the Supreme Court's verdict, Law Minister Shafique Ahmed has said that all  religion-based parties should "drop the name of Islam from their name and stop  using religion during campaigning." He has also announced that religion-based  parties are going to be "banned." The government, however, has disavowed any  intention to remove the Islamic invocation from the Preamble of the  constitution.   All this has already drawn attention in Pakistan, which has continued to suffer  from religion-based politics despite its popular rejection in successive  elections. Veteran Pakistani columnist Babar Ayaz, in an article captioned  "Amendments for a secular constitution" in the Lahore-based Daily Times, talks  of the clauses in Pakistan's constitution, introduced by former dictator Zia  ul-Haq "who considered himself a kind of religious guardian of the country."   Noting the moves in Bangladesh, Ayaz adds: "Pakistan may not be able to ban  religion-based political parties in the near future, but it should move towards  expunging the ridiculous constitutional clauses mentioned above ... It would be  a long and hard struggle, but it is doable."   Bangladesh is in for a long and hard struggle, too. The BNP has threatened an  agitation against the changes. It is likely to combine this with a campaign  against India (under whose pressure Hasina is alleged to be acting), and New  Delhi can be counted upon to keep providing grist to Khaleda's political mill  with Big Brother-like actions widely resented in Bangladesh.   There are also limits to which a constitution alone can counter religion-based  politics. The far right's activities in India, proud of its staunchly secular  constitution, furnishes just one example.   The significance of what is happening in Bangladesh, however, cannot be  belittled either. It demonstrates the far greater role popular will can play in  combating religion-based politics than cluster bombs and drones.            Your Mail works best with the New Yahoo Optimized IE8. Get it NOW!.      Hotmail: Trusted email with Microsoft's powerful SPAM protection. Sign up now.      Hotmail: Trusted email with powerful SPAM protection. Sign up now.                            _________________________________________________________________ Your E-mail and More On-the-Go. Get Windows Live Hotmail Free. http://clk.atdmt.com/GBL/go/201469229/direct/01/ 




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