Recent Developments in Bangladesh: A Human Rights Update

Christine Fair, South Asia expert, testified before the Congressional Human Rights Caucus on Bangladesh.

Chris Fair testifies on Capitol Hill.
Chris Fair, far left, testifies before the Congressional Human Rights Caucus.

On May 24, 2005, Christine Fair, South Asia Expert, Research and Studies Program, testified before the before the Congressional Human Rights Caucus on "Recent Developments in Bangladesh."

The following is a summary of her statement made before the caucus. The views expressed below are those of the author, not the U.S. Institute of Peace, which does not take positions on policy issues.

 

I would like to thank the Congressional Human Rights Caucus and Congressman Joe Crowley for holding this hearing today on "Recent Developments in Bangladesh: A Human Rights Update." It is a great pleasure to have this opportunity to offer you my personal views on the current situation in Bangladesh and to suggest ideas for future U.S. policy in this critical country in South Asia. I want to add that the views I express are my own and not necessarily those of the Institute of Peace, which does not advocate specific policy positions.

Bangladesh is an Important Democracy and U.S. Ally

Bangladesh has long been heralded as a moderate Muslim country that has encompassed diversity in belief and practice of Islam. Bangladesh is also an important U.S. ally. With 144 million inhabitants, it is one of the most populous Muslim countries in the world. It won its independence from Pakistan in 1971 through an armed struggle based upon Bengali nationalism and an ethos that amalgamated religious tolerance and strands of socialism. While Bangladesh has had its experiences with military leadership, since 1991 it has held three mostly free and fair elections and boasts an involved electorate with massive election turnout. Bangladesh, along with Turkey, exemplifies the coexistence of Islam and democracy-even if Bangladesh's democracy is imperfect.

Bangladesh has made extraordinary progress in human and economic development over a short period of time and with relatively few resources. Between 1997 and 2000, it has had on average a five percent annual increase in GDP. It has achieved one of the fastest birth-rate reductions without the use of coercion. It has expanded life expectancy for both men and women and has achieved impressive results in expanding education and economic opportunities for its citizens. It has also made laudable strides in developing its human capital and has done much to empower women.

Bangladesh has also proven to be a social and democratic entrepreneur. It has given the world the concept of micro-credit in the form of the Grameen bank and other micro-credit operations throughout the country. It has also made important contributions to the fight against child trafficking and child labor. Bangladesh has shown the world how a Muslim society can effectively deal with issues of gender discrimination. Women have led both the country and the two main political parties for the past 14 years. In addition, large numbers of women sit on Bangladesh's superior courts and have been instrumental in handing down judgments against the restrictive edicts of village council fatwas. To the lexicon of democracy, it has added the concept of the neutral caretaker transitional government.

Bangladesh is also a good international citizen. Currently, it is the second-largest contributor of troops to United Nations Peacekeeping Operations with some 4,500 soldiers in missions around the world.

However, this is only one side of the story. Unfortunately, Bangladesh has entered a difficult phase. Since 1999, Islamist militants have unleashed a campaign of terror that has gone virtually unchecked. They have attacked opposition party members, authors, cultural assemblies, religious minorities, and even Muslims who prefer Bangladesh's traditional Sufi variants of Islam. Many observers fear that the alliance of the ruling Bangladesh National Party (BNP) with two hard-line Islamist political parties has encouraged the spread of violence. Meanwhile, the government is in a state of paralysis, as both the ruling and opposition parties struggle for power at all costs.

Key Challenges Confronting Dhaka

Bangladesh's Zero-Sum Political Culture Hinders Governance and Encourages Faustian Bargains

Bangladesh's political system is dominated by two heritage parties, the ruling BNP and the opposition Awami League (AL). Both are bitter rivals and are obsessed with undercutting one another. Unlike India or other robust democracies, the opposition in Bangladesh has very little role to play in governance. This fact compels opposition parties to engage in practices that are inconsistent with democratic principles and practices, such as calling economically debilitating national strikes, violent street politics, and any other means to destabilize the government. This culture of zero-sum politics has resulted in a parliament that operates fitfully at best and has encouraged dangerous alliances with Islamist parties.

More disturbing is the fact that both parties have made "Faustian bargains" with Islamist political parties to win a majority of seats in the parliament. This is also true for the Awami League, despite its historical legacy of being a secularly inclined party. The current BNP government has two such parties in its coalition, the Jamaat Islami (JI) and Islamia Oikya Jote (IOJ). The JI was given two cabinet positions, including the sensitive and crucial social welfare portfolio. As a consequence of these dalliances, Islamist parties have grown in influence and prestige and have emerged as kingmakers in Bangladeshi elections.

Compromised Rule of Law and Provision of Justice

Since 1999, there has been a discernable breakdown in law and order with numerous incidents of political violence. With few--very recent--exceptions, the government has shown little apparent interest in bringing these culprits to justice. Many of these attacks have been perpetrated by self-styled Islamist militias and have targeted religious minorities and secular-minded Muslims as well as members of the opposition. These groups act with impunity within a largely consequence-free environment. More disturbing is the news reports that the intelligence agencies have been aiding and abetting these criminal elements.

Unfortunately, the political parties bear much of the blame for this state of affairs. Both parties have used the institutions of law enforcement as their own personal forces to intimidate the opposition. While in power, both parties have taken steps to ensure that lower courts remain hostage to executive purview. This fundamentally compromises the notion of an independent judiciary. No amount of international assistance to professionalize law enforcement organizations and to reform the judiciary will help if the government in power intends to misuse these institutions for personal gain. No party is blameless in this cycle.

The Rise of Political Islam and Islamist Violence

There are numerous potential explanations for the observed upsurge in political Islamist tendencies and Islamist violence in Bangladesh. First, mujahadeen from Bangladesh served in Afghanistan during the 1980s to repel the Soviets. Some remained to fight and train alongside the Taliban. These battle-hardened elements returned to Bangladesh with a transformed vision and robust linkages to international Islamist organizations. It is not uncommon for Islamist militias and political parties alike to espouse support for Islamist revolution and the deposed Taliban regime. Taken with their Wahabbi-influenced understanding of Islam, such persons are hostile to Bangladesh's traditional syncretic Islamic practices (which incorporates Bengali Hindu practices) and are fostering enmity towards non-Muslim minorities as well. Issues of specific concern include:

  • Political parties' alliances with hard-line Islamists. Notably, the BNP's senior partner, the JI, has expressed support for Islamic revolution, and the IOJ has expressed solidarity with the Taliban regime. However, while in party, the Awami League also brokered deals with the JI.
  • The increasing prevalence of village councils (salish) issuing fatwas. These fatwas have been particularly harmful for women and have resulted in numerous women being stoned and whipped. These fatwas are often issued in defiance of Bangladesh jurisprudence. This has not deterred their proponents in government. In January 2002, in response to the courts striking down a fatwa, the leader of the JI proclaimed, "Courts won't be allowed to control fatwas, instead fatwas would control the court." 1
  • The rise of new and less tolerant interpretations of Islam. This has been concomitant with the rise of political violence, perpetrated by thuggish groups operating as self-styled Islamist militias. At the same time, Bangladesh also has seen a rise in authoritarianism on the part of the ruling party. Opposition parties are branded "enemies of the state" and excluded from the state apparatus while the government increasingly relies on draconian methods to ensure law and order. Members and supporters of the opposition party have been the victims of these measures.
  • The growing interplay between the rise of Islamism (with violent manifestations) and authoritarianism. This has precipitated assaults on nongovernmental organizations (NGOs) and social development projects. The aim of the Islamists is to reverse or curtail NGO efforts to improve the situation of Bangladeshi women, while the authoritarian element has allied with these interests for purely practical political advantage. Success would be a major setback for Bangladesh since, amid widespread government failure, the nongovernmental sector has stepped in to supply myriad services that an otherwise functional government would provide. Since 1971, NGOs have run schools, provided health care and human services to the nation and have been responsible for many of the human development milestones that have been achieved.
  • Base for Pakistan-backed incursions into India. In recent years, there have been numerous claims that Pakistan is exploiting these developments to recruit and launch militants from Bangladesh into India's northeast. While evidence for these claims is not robust, increasingly South Asia analysts are taking these allegations seriously.

It is in the interest of Bangladesh, the United States, as well as countries within the region that these developments be reversed as soon as possible.

Sustaining Economic Development and Curtailing Corruption

The prevailing law and order situation has had implications for Bangladesh and its economic prospects. Citing security concerns in Dhaka, India withdrew from the scheduled regional economic summit (SAARC), which cancelled this important multilateral event. Thus Dhaka needs to understand that a persistent breakdown in law and order and political paralysis will likely have consequences for its hard-earned successes in economic and social development.

A related hurdle to sustaining these accomplishments is Bangladesh's pervasive corruption. Transparency International reports that "corruption in Bangladesh exists in many sectors and the intensity is alarmingly high: sectors including the police, judiciary, land registration offices, health clinics, and schools, operate only if individuals paid bribes. Corruption in the country has become a huge systemic problem that cannot be avoided by any member of society." This has imposed enormous costs upon Bangladesh that may not be apparent at first blush.

In addition, since the demise of the garment quota regime under the Multifiber Agreement (a.k.a. the MFA), Dhaka has claimed that its garment industry is not competitive. Reportedly, some of the small garment producers have closed down because they are unable to compete with less expensive suppliers. This is worrisome. Bangladesh's garment industry has been an enormous economic mainstay and crucial to the economic empowerment of women.

However, it is corruption--not the end of the MFA--that has rendered Bangladesh noncompetitive. Dhaka knew of the MFA's planned demise for nearly a decade. In that time, it should have taken meaningful steps to clean up the pervasive corruption within the supply chain (e.g. at the Chittagong port and elsewhere), which drives up the costs of each garment made. Unfortunately, the MFA has come to an end and Dhaka has done little to secure the viability of this important industry.

The Way Forward...

The United States Department of State in its publication titled Supporting Human rights and Democracy: The U.S. Records 2004-05, identifies sweeping problems in Bangladesh with respect to human rights, rule of law and the judicial system. The State Department's human rights and democracy strategy in Bangladesh aims to strengthen democratic institutions, transparency and accountability to citizens and respect for rule of law and human rights. The United States has done much to raise the profile of these problems. This process needs to be sustained and strengthened.

Diminishing Bangladesh's Zero-Sum Political Culture

The United States is providing--and should continue to provide--extensive political assistance to Bangladesh's political parties. Well-developed parliamentary democracies such as India and the United Kingdom include the opposition as meaningful partners in formulating policy and in generating consensus. Such incorporation of the opposition presents the losing party with fewer incentives to disrupt political stability and hamper the functioning of the government.

Unfortunately, the current situation is deeply personal: the leaders of the BNP (Khaleda Zia) and the Awami League (Sheikh Hasina) are sworn enemies. While this animosity is flippantly referred to as the "two ladies" problem, there is nothing humorous about the noxious influence their ongoing feud has had on the fabric of Bangladesh's civil society. It would be preferable--although unrealistic--for these two political luminaries and their support contingents to refrain from personalized denunciations.

Given that these two leaders will be around for the policy-relevant future, creative ways needs to be found to de-fang this rivalry, integrate the opposition into constructive government participation and restore the functions of the law and order apparatus. Ways of doing this could include frequent and public meeting with opposition leadership in addition to ruling party representation. It is unlikely that either leader could be persuaded to give way to less acrimonious acolytes within their party. However, at a minimum, the U.S. can actively encourage lower-tiered party leadership to engage their counterparts on policy issues where there are some degrees of consensus. This would at least prime potential and future leaders to value the participation of the opposition and consensus building.

Compromised Rule of Law and Provision of Justice

In response to the ever-growing instances of extrajudicial killings perpetrated by paramilitary police units, the United States, through its mission to Dhaka has both publicly and privately condemned the misuse of government-sanctioned executions as an instrument of crime fighting. In addition, the United States has sought to provide law enforcement and security personnel with training that emphasizes respect for human rights. Through The International Criminal Investigative Training Assistance Program (ICITAP), the U.S. has provided training on "Human Dignity and Police Ethics," among other courses. My concern is that such technical assistance can only be effective when there is governmental will to leverage such help. There is no evidence for such will in Dhaka today.

However, corruption and a dearth of professionalism among the police may not be the only problem. During a public discussion on Bangladesh and rule of law at the Institute of Peace, a prominent panelist noted that one of the few times that the police forces are not misused is under the authority of the caretaker governments that come to power in advance of an election. This demonstrates that the security forces are not necessarily the only culprits. Rather, this situation suggests that when there is political will to employ security forces appropriately, a different outcome is entirely possible.

There is evidence that high-level sustained pressure on Dhaka is effective. A recent donor's conference was convened in Washington and co-chaired by the World Bank, EU and the State Department. The donors, displeased with the downward spiral with respect to security, economy, corruption and governance and threatened to levy sanctions against Bangladesh for the prevailing situation. The message was not lost on Dhaka. Soon after this meeting, the government began an unprecedented crackdown on the very militant groups that it repeatedly denied even existed.

The Rise of Political Islam And Islamist Violence

Admittedly, there are no easy answers to the dilemma of political Islam and Islamist violence. These alliances have emerged from largely free and fair elections. However, to focus on the electoral outcome is to miss the larger point that mainstream parties perceive the need to rely upon parties like the JI, which has played an instrumental role in forming all three governments since 1991. It may be difficult to reverse this course. It is possible, albeit not likely, that forging a more salubrious relationship between the two mainstream parties may diminish the drive towards zero-sum politics.

It may be necessary to devote data collection and other assets to the difficult task of understanding the appeal of these parties and finding ways of incorporating these concerns within the framework of a more secularized political structure. Again, this involves political resolve on behalf of both parties. There is no evidence that such resolve exists.

One must also be upfront in recognizing that strident versions of Islam have powerful backers in the Gulf States and in the Bangladeshi diaspora. Ways must be found of expanding the market share of Islamist leaders and organizations and others within Bangladesh's diverse civil society who do not share these Wahabbist/Deobandi views. It is difficult for such entities to compete given the significantly more resourced competitors. Admittedly, direct support for such persons and organizations from the U.S. government may diminish their abilities to project alternative visions. However, the work of the Asia Foundation in Indonesia gives hope that these kinds of enterprises are possible.

This may be the most challenging task, but it is too important to neglect.

Sustaining Economic Development and Curtailing Corruption

Bangladesh has proven that it is capable of meeting world standards in ready-made garments and seafood exports. But it needs to make many reforms to create a national structure to support export-led growth. Furthermore international investors are exhausted with the corrosive political environment, the pervasiveness of corruption, and the glacial timescale of reform.

USAID has identified several areas of focus for its work in Bangladesh. These include: financial sector reform, improvement of land, sea and air transport infrastructure, deregulation of the energy and telecommunications sectors to promote foreign investment, continued educational improvements, diminishing tariffs and other regulatory disincentives to export and finally, diminishing corruption and promoting adherence to rule of law and contract enforcement. USAID through Transparency International Bangladesh and NGO's is helping Dhaka to tackle some of these challenges with meager but important success.

This assistance notwithstanding, these objectives cannot be reached without political will from the highest level and a demand for these reforms at the grassroots level. Expanded support to the NGO community to foster social expectation for good governance may be one way to do this--however the impacts of this may be long to materialize. Dhaka may not have the luxury of deferring these reforms until mass demand for them. Ultimately, it may be the case that the demands of the free market alone will provide the shock that Dhaka needs to deal with these significant issues.

This would be unfortunate. Such delay would surely jeopardize all of the important gains that Bangladesh has made since independence. Retrenching from these economic and human development accomplishments would further complicate the puzzle of poor governance, lack of security and law and order, and the rise of political and militant Islam.

Notes

1. Ali Riaz, God Willing: The Politics of Islamism in Bangladesh (Lanham, MD: Rowman & Littlefield Publishers, 2004, p.3)


 

The views expressed here are not necessarily those of USIP, which does not advocate specific policy positions.


The views expressed in this publication are those of the author(s).