Administrators Replacing Mayors ‘Unconstitutional’

Politicians and rights activists have observed that appointment of administrators replacing an elected mayor is unconstitutional and a violation of the Supreme Court ruling.

They have also termed the provision for replacement of the elected mayor by an administrator ‘double standards’ of the Awami League-led government.

The government on Sunday appointed administrators to the two city corporations in Dhaka, formed by splitting the Dhaka City Corporation by the amendment to the Local Government (City Corporation) Act 2009.

Jatiya Sangsad passes the bill on November 29.

Section 25 of the amended act empowers the government to appoint administrator to a city corporation after its formation or after the expiry of the tenure of the elected mayor.

The politicians and rights activists, whom New Age talked to, observed that the provision was unconstitutional and a clear violation of the Supreme Court verdict that had scrapped the provision for an election-time caretaker government on the plea that unelected persons could to replace an elected government.

They also said that amendment to the 2009 act exposed the ‘double standard’ of the Awami League, which had dropped the caretaker provision on the same plea.

Bangladesh Nationalist Party acting secretary general Mirza Fakhrul Islam Alamgir said that the amendment to the 2009 act was ‘unconstitutional’ and ‘ill motivated’.

Workers Party leader Rashed Khan Menon, also a ruling alliance lawmaker, said, ‘We strongly oppose any provision for replacing an elected body by an unelected one. It goes against the spirit of the constitution and the Supreme Court verdict.’

‘I suggested that public opinion should be solicited before the passage of the bill, but I could not place

my argument in Jatiya Sangsad, since the bill was passed before the scheduled time,’ Menon said.

Communist Party of Bangladesh general secretary Mujahidul Islam Selim said, ‘It is curious that the ruling party which is against the caretaker government, at the same time wants an unelected administrator to lead a local government body like the city corporation. One of the stands can be correct – but not both. To me they have taken such a contradictory stand just to fulfill their unethical political interest.’

Awami League leader Suranjit Sen Gupta, however, defended the new legislation.

‘In the case of formation of a new city corporation, the provision for appointing an administrator is not contradictory to article 11 of the constitution,’ he said.

When asked about appointment of an administrator after the expiry of the tenure of a mayor, Suranjit said, ‘After the end of the tenure of an elected mayor, that person also becomes “unelected” so he should voluntarily leave the office.’

Former caretaker government adviser Sultana Kamal, also a rights activist, said, ‘Awami League itself is responsible for not holding the Dhaka City Corporation election in time. So they cannot make such statements.’

She said, ‘When the government is so serious about ensuring the rule of an elected government, why their stand is exactly the opposite in the case of local governments. In fact, their political motive is to put the people of their choice in office replacing an elected body.’

Section 25 of the amended act is against the spirit of the Supreme Court verdict, the 15th amendment to the constitution, which has dropped the provisions on caretaker government, and against the political stand of the ruling party on the issue, Shahdeen Malik, a senior lawyer and constitutional expert, told New Age.

‘In fact the amended section is a breach of Article 11 of the constitution that ensures effective participation of the people through their elected representatives in government administration at all levels and also against the spirit of Articles 59 and 60 of the constitution that deal with local government,’ he said.

Historically, political leaders and bureaucrats have always tried to control the local government bodies, he said adding, ‘The amended Section 25 of the 2009 act is just a reflection of such mentality.’

Tofael Ahmed, a local government expert, also found the government’s step ‘highly contradictory’.

‘In fact, the government is taking contradictory decisions for political gains,’ he said.

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Undemocratic Split Of DCC

Whatever façade may be manoeuvred to conceal the veiled intent, and no matter what lame excuses are assigned in regard to dissecting Dhaka City Corporation (DCC) into two; public perception is that the ruling Awami League (AL), headed by Prime Minister Sheikh Hasina, was lamentably powerless to field a single person as candidate from the AL to match the overwhelming popularity enjoyed by Mayor Sadek Hossain Khoka who had been piloting the DCC for about a decade. The AL high command conducted intelligence surveys for years, pondered and desperately brooded over the matter for the past 1048 days; but could find none from among its old guard or not-so-old leaders to confront an electoral fight with a formidable mayoral candidate like Khoka, incidentally who is a leader of the opposition BNP which party —- in the words of Prime Minister herself —- is not only rival but ‘enemy’. Therefore, it all emanated from BNP- phobia, if you like.

The High Court questioned the legality of splitting the DCC into two and asked the government to explain why the bill should not be declared illegal and unconstitutional.

Could Khoka’s predecessor, the late M. Hanif, make Dhaka city mosquito-free by releasing millions of ‘Guppi’ fish into the drains, canals and ponds that were publicised to be larva eaters? No. Khoka too could not eradicate mosquitoes; but he will be remembered for at least one commendable job as he dedicated some of the city streets after the names of the Sector Commanders of our Liberation War.

Moreover, confirmed honesty made Khoka a people’s man; he was found to be a Mr. Clean in that during the two-year military-backed caretaker government a sizeable group of military officers opened an office in Nagar Bhaban, inspected several relevant dossiers, records and invited complaints from the public to determine corruption in the DCC but found none.

It is clear that dwellers of Dhaka city, scholars and intellectuals have a strong sentiment favouring one indivisible Dhaka city and they are passionately resenting the AL government’s narrow partisan interest. So in solidarity with the Dhakaites, well ahead of tabling the quixotic bill the AL has been morally defeated when Khoka voluntarily declared that he would NOT contest the next DCC mayoral election if the city remains undivided.

This act of Khoka reminds us of the tale that determined the truth. Claiming motherhood of a baby boy when two disputing women approached King Solomon, he ordered that the baby be bisected into two and given each half to each woman. “No!” cried the first woman, weeping. Then King Solomon spoke, “Give the first woman the child; she is the mother.”

Again, the incumbents have been crying hoarse that no institution must be headed by unelected persons. Then what can be a nastier hypocrisy than the stipulated organogram where there is proviso for two unelected persons as heads of the corporations?

What is needed is empowerment of the DCC to function independent of the diktat of the local government ministry in which respect both AL and BNP have been indifferent and unconcerned. We are told that as of now the DCC cannot employ even a menial staff without the permission of the ministry.

In glory, grandeur and heritage 400-year old Dhaka city has few parallels. Formally named Jahangir Nogor and built by the Mughals, she is witness to many extraordinary historical events: the emergence of Muslim consciousness facilitated by the Nawabs, setting up of the Dhaka University in 1920, the 1947 partition, the Language Movement from 1948 to 1952, the anti-Ayub Democratic movement, the heinous genocide perpetrated by the brutal Pakistani hordes and the Victory Day of 16 December 1971. So, sadly bifurcation of the city will mean deprivation of the northern half of the rich heritage that the city possesses.

Many great cities like New York, Shanghai, Tokyo, Kolkata and so on are under one single corporation as umbrella. When some administrative change was proposed for London city, which functions under one Mayor, citizens were requested to consider them in a space of some eight years. At long last a referendum was held to decide the matter. The DCC can certainly have 12 or more zonal offices for overseeing local problems; but splitting it is most unwise, imprudent and injudicious. But deplorably, Sheikh Hasina’s democratic government does not care a fig for the people.

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Special Relationship With India Restored

HOPE, expectation, satisfaction, disappointment—such words are used to express emotions and sentiments. But life is more than emotions—and more so, diplomacy. The Indian prime minister, Manmohan Singh, in his onboard media interaction during his return journey to New Delhi on September 7, made an evaluation of the outcome of the just-concluded Bangladesh-India summit meeting held in Dhaka. He said: ‘[W]hat we have achieved today, things could have been better if we were able to sign the water sharing accord, but what we have achieved, a broad umbrella agreement setting out pathways of cooperation in diverse fields for accelerated development of our two countries, I think has immense potentialities.’

The ‘broad umbrella agreement’ is the Framework Agreement on Cooperation for Development between Bangladesh and India. The agreement has become operative from the same day it was signed, on September 6, 2011, by the prime ministers of the two countries, Sheikh Hasina and Manmohan Singh. The 781-word agreement lays down the general principles of the whole gamut of bilateral relations between the two countries.

The joint statement, issued at the conclusion of the summit, notes effusively: ‘Both sides welcomed the conclusion of the comprehensive “Framework Agreement on Cooperation for Development” that outlines the shared vision for durable and long-term cooperation to achieve mutual peace, prosperity and stability.’

It is tempting to compare the framework agreement with the Treaty of Friendship, Cooperation and Peace that the two countries signed in 1972. Both the treaties comprise 12 articles but their spirit and content are different.

The treaty of friendship did deal with issues of bilateral cooperation in various fields but highlighted anti-imperialist and non-alignment agendas. Reflecting the realities of the Cold War days, the treaty was essentially a security pact. It devoted three articles on security concerns: ‘(viii) In accordance with the ties of friendship existing between the two countries, each of the contracting parties solemnly declare that it shall not enter into or participate in any military alliance directed against the other party. Each of the parties shall refrain from any aggression against the other party and shall not allow the use of its territory for committing any act that may cause military damage to or continue to threat to the security of the other contracting parties; (ix) Each of the contracting parties shall refrain from giving any assistance to any third party taking part in an armed conflict against the other party. In case if either party is attacked or threatened to attack, the contracting parties shall immediately enter into mutual consultations in order to take necessary measures to eliminate the threat and thus ensure the peace and security of their countries; (x) Each of the parties solemnly declare that it shall not undertake any commitment, secret or open, towards one or more states which may be incompatible with the present treaty.’

The framework agreement is, in contrast, a development-oriented document, focusing almost exclusively on bilateral cooperation. It, though, mentions about the desirability of cooperation at ‘sub-regional and regional levels’. On the subject of security, Article 9 says: ‘To cooperate on security issues of concern to each other while fully respecting each other’s sovereignty. Neither party shall allow the use of its territory for activities harmful to the other.’ The formulation of the article is apparently innocuous; its real import will be evident only when the modalities of security cooperation will be in place.

The treaty of friendship was for 25 years and both the countries allowed it to lapse in 1997. The framework agreement is, on the other hand, envisaged to be an agreement in perpetuity. Article 12 says: ‘Either Party may seek termination of this Agreement by giving a written notice to the other Party providing the reasons for seeking such termination. Before this Agreement is terminated, the Parties shall consider the relevant circumstances and hold consultations to address the reasons cited by the Party seeking termination in the Joint Consultative Commission. Actions taken or agreements reached pursuant to this Agreement shall not be affected by its expiry or termination.’

The treaty of friendship established special relationship of Bangladesh with India in the aftermath of the war of independence. The framework agreement now restores that special relationship between the two countries in a changed global and regional context. In the present-day world of Pax Americana, India, a regional power, is a strategic partner of America.

From the perspective of the all-comprehensive framework agreement, the failure of the September 6-7 summit meeting to sign accords on water sharing and transit seems to be a mere hiccup in the bilateral relations of the two countries which, according to the two prime ministers, have entered ‘a new phase.’

Ministers Smile While People Die And Suffer

The smiling Communication Minister Syed Abul Hossain has become a symbol of government’s inefficiency and indifference to public sufferings on the roads.

“He can only smile. And his smile brings deaths to thousands of people,” said Nazimuddin Nazim a member of Bangladesh Passenger Welfare Association. Addressing a condolence meeting for filmmaker Tareq Masud and ATN newsman Ashfaq Munier at National press club last Monday, he ridiculed the communications minister and blamed his ‘irresponsibility’ for deaths in road accidents.

The communications minister has been under fire from within and outside of the government over the deplorable road conditions that caused many tragic accidents on the highways lately.

Ruling alliance MP Rashed Khan Menon has asked the minister in parliament to quit. Awami League MPs Tofail Ahmed, Suranjit Sengupta and Tarana Halim, Mujibur Rahman Chunnu of Jatiya Party and independent MP Fazlul Azim also censured him. Suranjit blamed the cabinet for the deplorable conditions of the roads and urged upon it to quickly sort out the mess.

Meanwhile, demanding improved roads, the transport owners have stopped running buses on the Dhaka-Mymensingh, Dhaka-Tangail and 11 other routes touching Gazipur. Kushtia Transport Owners-Workers Oikya Parishad also enforced a transport strike last Monday demanding road repair before Eid. General Secretary of district bus-minibus owners’ group Abul Fazal Selim said that they were compelled to go on strike at 20 different routes of north-south and western zone as the administration did not take any step to repair Kushtia-Ishwardi road before Eid.”

Almost 1,500 kilometres of the country’s 21,040 kilometres highways are in bad shape, says Communication Minister Abul Hossain.

The High Court on Aug 17 asked the government to submit a report on the total allocation and expenditure for the development and repair of the roads and transport sector in the past five years.

Last Saturday the Communication Minister said he was ‘sorry’ for the situation but refused to resign as demanded by many. “The communication ministry is working fine. Consequences will be grave for those who tried to push me,” an undaunted Abul Hossain told the media at Rangpur on the following day. 

The other cabinet minister who came into focus on road safety issue is Shahjahan Khan, a former Ganobahini leader now concurrently holding the position of Executive President of Bangladesh Road Transport Workers Federation and the portfolio of Shipping Minister in Shekh Hasina’s cabinet.

Shipping minister Shahjahan Khan’s name came into public discussion after he had proposed to issue more driving licenses without following rules. Admitting that his organization had proposed to issue driving licenses to 24,630 drivers exempting them from written tests as most of them cannot read or write, Shahjahan Khan confessed at a press conference.

Reacting to such a preposterous move to issue driving licenses to illiterates, ruling Awami League MP Tarana Halim raised her voice and threatened to go on hunger strike. Tarana Halim says she will fast unto death if ‘unskilled’ drivers get licenses as proposed by shipping minister and transport workers leader Shajahan Khan. Tarana, whose nephew Saif Ahmed had been killed in a road accident in 2009, demanded that the licenses issued to the ‘unskilled’ drivers be cancelled.

The chief of the National Human Rights Commission (NHRC) Mizanur Rahman last Monday urged the prime minister to sack the ‘incompetent and ‘unsuccessful’ ministers from cabinet. “Please remove the inept ministers and it will be the best gift for the country’s people from the government ahead of the Eid-ul-Fitr,” he said at a discussion in Dhaka. 

Sundarban Put In Jeopardy

THE decision of the High Court to vacate the order on maintenance of a status quo on the much-talked-about coal-fired power plant near Sundarban, without hearing on the rule issued on the government in March 1 this year on why the plant should not be declared illegal, has effectively paved the way for two 1,320MW power plants to be established only nine kilometres away from the world’s largest mangrove forest and a world heritage site. The government is likely to sign the agreement during Indian prime minister Manmohan Singh’s visit to Dhaka in September 6-7, following a memorandum of understanding already signed between the Power Development Board and India’s National Thermal Power Corporation. Considering the binding obligations that come with an international agreement signed between two head of governments, the likelihood of any other proceedings or development halting the establishment of the plant in the future now looks slim. 

The court, meanwhile, is set to hear the rule in October, after its month-long vacation. It appears that in its haste to find answers to acute power shortage as well expedite friendly relations with India, the government has put in jeopardy one of the country’s finest treasures, and the court, by vacating the status quo, has all but played into its hands.

From the very outset when the proposed thermal power plant came to public knowledge, there have been strong protests demanding the project be scrapped, both from environmental activists as well as locals at Rampal, Bagerhat, the proposed site for the plant. While local farmers lament the potential loss of arable land, environmentalists point out that the coal-fired power plants would drastically reduce the diversity of vegetation, wildlife and micro-organisms in Sundarban. The project will destroy the ingredients of the soil that support the lives of millions of inhabitants of a large region, increase the proportion of carbon monoxide and carbon dioxide in the air and seriously harm the flora and fauna of Sundarban. Moreover, it is important to remember that Sundarban serve as a natural barrier to the protection of the people in a large area of the coastal region from calamities such as cyclones Sidr and Aila. Given these circumstances, the court issued the March 1 order after hearing a public-interest litigation writ petition filed by the Human Rights and Peace for Bangladesh seeking cancellation of the installation of the power plant.

The government is yet to provide any serious argument that disputes the claims of environmentalists nor has there been any feasibility study on the likely impact on the Sundarban following the establishment of the plants, as far as media reports go. Under these circumstances, the government stands to risk threatening a great national asset, ironically vying to become one of the seven natural wonders on earth, if it goes ahead with the signing and subsequently the establishment of the plants. It would be well-advised at least wait out the hearing on the court rule before proceeding with such a major project.