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Created: 01 November 2024

Bangladesh is at a dangerous crossroads. Endless conflict or long-term stability—what is the nation's destiny?

An interview with freedom fighter and human rights advocate Delwar Jahid.

Delwar Jahid, a Canadian of Bangladeshi origin, is a political scientist, human rights lawyer, and journalist. He is a senior research fellow at several universities and a distinguished sociologist with links to European media and academia. Since 2003, Zahid has worked at St. Paul's College, University of Manitoba, and Professor Dr. Dean E. co-founded the Canadian Conflict Resolution Network with Peachey. His notable research, "Arbitration - The Rural Mediation of Bangladesh," has been referenced in international publications, and he has long been an advocate for transitional justice and human rights reform in Bangladesh, contributing to the movement alongside such notables as Father RW Timm and Justice Kamal Uddin Hussain. He is the President of the Bangladesh North American Journalists Network and serves on the board of directors of the John Howard Society of Manitoba, Canada. In this interview, he shares his insights on the recent student-led movement in Bangladesh, the role of the interim government, and the implications for peace and stability in the region.

Q: Can you briefly describe the student-political landscape in Bangladesh leading up to the August 5 Revolution? What grievances mobilized the people, and what could this mean for the country's future?

Delwar Jahid: Bangladesh's July-August 2024 student movement is an unprecedented blow to equality. What began as an anti-quota student movement—an apolitical front formed by students demanding quota reforms—quickly became a broad non-cooperation movement that eventually gained the support of various political parties. This wave of activism catalyzed significant changes, including pressure on Prime Minister Sheikh Hasina, who eventually left the country.

The movement aims to advance fairness and justice in educational institutions. At its core, it seeks to eliminate all forms of discrimination, ensuring equal opportunities for students regardless of background. Students have taken a strong stand against racism, sexism, and various forms of prejudice, using mass protests to voice their demands. The change on August 5 represents a push for immediate reforms and a shift towards lasting social transformation in Bangladesh, with equality for all students as a central principle.

Question: What was the constitutional framework when the interim government assumed power with the recent political changes?

Delwar Jahid: Bangladesh is constitutionally constituted as a parliamentary democracy, which sets out a clear hierarchy and process for governance. The President is the ceremonial head of state, elected every five years by the Jatiya Sangsad (National Parliament). At the same time, the Prime Minister – appointed by the President – ​​is the executive leader and head of government. This framework outlines checks and balances across branches, yet rapid political changes raise critical questions about stability.

During the transition, more clarity was needed about how constitutional norms were maintained, particularly the role of interim and executive powers. Going forward, the future of this transitional governance structure will likely depend on its commitment to open governance, reforms, and upholding democratic principles.

Legal experts are skeptical about the legitimacy of Yunus's government under Bangladesh's existing legal framework. The constitution of the People's Republic of Bangladesh, promulgated in 1972, must be strictly adhered to to form any government in Bangladesh. This constitution sets out clear procedures for ensuring legitimacy, democratic values ​​, and the rule of law that reflects the people's will—steps that seem to have been ignored in this instance. Amid growing political unrest, questions surrounding the legitimacy of this government have intensified.

Historically, in times of political crisis, Bangladesh has appointed caretaker governments to oversee elections. However, the system was abolished in 2011 through the 15th Amendment, a controversial move contested by many political parties calling for its reinstatement. Attempts to establish government authority outside this constitutional framework undermine Bangladesh's democratic principles.

Recent Political Reaction:

BNP Secretary General Mirza Fakhrul Islam Alamgir (September 22, 2024) strongly criticized the approach of the interim government. He questioned the government's legitimacy, claiming it was detached from the people, noting that "no reform is sustainable without the participation of the people." Fakhrul argued that banning student politics would primarily benefit the "powers of darkness" and suggested that the government consult political leaders to gauge public sentiment on governance reforms. On September 21, Fakhrul described the interim government as lacking the "revolutionary" government drive necessary to bring about meaningful change and stressed that "the will of the people must be taken into account."

On October 31, Sajib Wazed Joy, chief adviser to the interim government, published a critical Facebook post targeting Muhammad Yunus, accusing him of a "power grab" and describing him as "Bangladesh's biggest fascist." Joy insisted that the Awami League, Bangladesh's oldest and largest political party, would not be undermined or banned. He criticized Yunus's government for alleged restrictions on media freedom, drawing parallels with past authoritarian regimes.

Way Ahead --- This government's future legitimacy is uncertain, plagued by political fragmentation and governance instability. Concerns persist over human rights abuses, restrictions on media freedom, and the possible resettlement of anti-independence figures. Meanwhile, proposed changes to the national anthem, flag, and constitutional principles in the name of reform are adding fuel to the ongoing political fire. The government's ability to move the country forward remains questioned as it grapples with growing opposition and unresolved legitimacy issues.

In conclusion, the current political environment in Bangladesh highlights deep-seated concerns about regime legitimacy, constitutional loyalty, and the role of public participation in shaping the country's future. Legal experts and political leaders have raised critical questions about the legitimacy of Yunus' interim government, especially in light of constitutional requirements and recent political upheavals. As the country grapples with these issues, calls for genuine democratic engagement and a return to constitutional principles grow louder. This period is likely to prove crucial for Bangladesh, as its leaders face the challenging but essential task of reconciling political divisions, respecting democratic norms, and prioritizing people's will. How the government chooses to navigate this path will define its legacy and the future trajectory of democracy in Bangladesh.

Interviewer M. Rahman

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Created: 10 September 2024

By Delwar Jahid

Mob justice, or vigilantism, refers to instances where groups of people take the law into their own hands to punish those accused of crimes, bypassing legal procedures and due process. In Bangladesh, this practice has become increasingly concerning, particularly since the student-led protests in August 2024. These protests have drawn widespread attention to issues of security, governance, and public accountability.

This phenomenon is not new. In August 2018, a movement led by students, triggered by the death of two students in a road accident in Dhaka, saw thousands take to the streets to demand safer roads and better enforcement of traffic laws. While these protests were largely peaceful, they highlighted widespread dissatisfaction with the rule of law in Bangladesh and revealed deep frustrations over corruption and a perceived lack of accountability among those in power.

Following these protests, there was a notable increase in reported incidents of mob justice across the country. Many citizens, disillusioned with the legal system, began to take matters into their own hands, believing that justice would not be served through official channels.

The Perceived Effectiveness of Mob Justice

Proponents of mob justice argue that it acts as a deterrent to crime, particularly in communities where law enforcement is seen as weak or corrupt. When there is a lack of trust in the police or the justice system, people may feel compelled to take justice into their own hands, believing this instant form of punishment to be more effective than the slow and often inefficient legal system.

The Negative Consequences of Mob Justice

However, the consequences of mob justice are overwhelmingly negative. It often leads to unjust punishment and retaliatory violence, sometimes resulting in the death of innocent people. Decisions are made in the heat of the moment, without proper investigation or evidence, denying the accused the opportunity to defend themselves and leading to miscarriages of justice.

Mob justice perpetuates a cycle of violence and fosters an environment of fear and insecurity. It undermines the rule of law, weakens institutions meant to uphold justice, and often exacerbates conflict, leading to greater social unrest.

A Case in Point: The Death of Abdullah Al Masood

A recent example illustrates the dangers of mob justice. Two days after the death of Abdullah Al Masood, a former leader of the Rajshahi University Chhatra League, no case had been filed regarding the attack that led to his death. On September 7, Masood, aged 31, was attacked near Rajshahi University and handed over to the police with serious injuries. He died later in the hospital. Despite a video showing Masood speaking after the attack, no witnesses have come forward, and the police have yet to receive a formal complaint from his family. Masood's family expressed concerns about legal action due to fears of reprisal. The Vice-Chancellor of Rajshahi University stated that the university was considering filing a case on the family's behalf. Masood, who became a father just days before his death, had previously been attacked in 2014, losing a leg and suffering serious injuries. His family remains in shock and fears they may never see justice. (Source: Prothom Alo, September 9, 2024)

The Need for Police Reform

In response to the growing concerns over mob justice and law enforcement's ineffectiveness, the Home Affairs Advisor recently informed the UNDP resident representative that a committee would soon be formed to outline the approach, process, and leadership for police reform. UNDP representative Stephen Lilal emphasized the importance of these reforms to build public confidence, reduce criticism of the police, and offered technical and financial support for the process. (Source: Daily Our Time, September 9, 2024)

Despite these promises of reform, the interim government has failed to protect minority communities, opposition party members, and even law enforcement officials themselves. Under the watchful eyes of law enforcement agencies, police stations have been looted, police officers killed, and government assets plundered, all while acts of vandalism have been disguised under the garb of military action.

Conclusion

While mob justice may seem like a quick solution to perceived crimes, history shows that it is ultimately ineffective and dangerous. It undermines the rule of law, perpetuates violence, and often leads to the wrongful punishment of innocent individuals. To effectively combat crime, Bangladesh must strengthen its legal and judicial institutions, improve law enforcement, and address the root causes of public distrust in the justice system. Only by doing so can the country build a more just and equitable society where all citizens feel secure and confident in the rule of law.

Author: Delwar Jahid, President of the Bangladesh North American Journalists Network, researcher, and analyst on human rights and law.

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Created: 18 April 2024

Edmonton, Alberta, April 16, 2024: The Alberta Parliament in Edmonton, the capital of Alberta, was not just a venue but a beacon of cultural exchange this afternoon. It resonated with the solemn celebration of the Bengali New Year, marking a significant moment in the cultural calendar.

MLA Jackie Lovely, in a gesture of inclusivity and warmth, extended a heartfelt welcome to leaders of the Bangladesh community at the Legislative Building, setting the tone for a brief but significant meeting between Bengali-speaking community leaders and the Honorable Speaker of Parliament, Nathan Koper.

In his address to the esteemed guests, Speaker Nathan Koper conveyed heartfelt wishes for a joyous Bengali New Year and expressed his anticipation of visiting Bangladesh soon. He emphasized strengthening the bilateral relationship between the Alberta government and Bangladesh.

The essence of the Bengali New Year, with its vibrant festivities such as village fairs, traders' halkhata, Mangal Shobhayatra, Nagordola, and Ramna Botmule Chayanot Asar, where men and women don colorful attire, encapsulates not only the spirit of celebration and tradition but also aspects of individuality, universality, secularism, and humanity. The recognition of these traditional elements of the Bengali New Year finds resonance even in the distant halls of the Alberta Legislature in Canada.

The session commenced with Speaker Nathan Koper introducing various organizations, including the Bangladesh Heritage and Ethnic Society of Alberta, Bangladesh Canada Association of Edmonton, Edmonton Bengali Association, and Alberta Bengali Society, all of which have been instrumental in preserving and promoting Bengali traditional life, culture, and art. Notable guests included Bir Muktijoddha Delwar Jahid, Chief Advisor of Bangladesh Heritage and Ethnic Society of Alberta, Executive Director of Step to Humanity Association, and President of Bangladesh North American Journalist Network, along with other esteemed leaders such as Din Islam, Janmejoy Das Chowdhury, Bikash Talukder, and Rozina Meena.

During the afternoon session, MLA Jackie Lovely presented a statement on Pahela Boishakh. Additionally, veteran libertarian Delwar Jahid held a separate meeting with government caucus MLA Jason Stephan, further fostering dialogue and understanding. Babu Indra Chowdhury, the United Conservative Caucus Community Outreach Coordinator, infused the event with energy and vibrancy, ensuring a lively atmosphere.