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Of JS and Anti-Corruption Commission
The speaker may invite the parliamentary standing committee on public undertakings, the public accounts committee and the
Anti-Corruption Commission to a meeting and give a clear directive so that current loggerheads between the parliamentary standing committee on public undertakings and the commission are removed amicably within the available alternatives, writes A Mannan
BANGLADESH is a unitary, independent and sovereign republic and its parliament, Jatiya Sangsad, is supreme and sovereign, and only answerable to the people, the ultimate source of power. Should the parliament go wrong or its players, the lawmakers, do wrong, the people exercise their power through adult franchise at the dissolution of parliament. It is a circular circuit. Of late, there has been a serious, sensitive and lurking legal row between the parliamentary standing committee on public undertakings and the Anti-Corruption Commission resulting over non-appearance by the commission’s personnel upon invitation by the committee. So much water has already flown down the river that its containment has virtually become an acid/sensitivity/nerve test for both sides of the divide. Let us now come to the core issues. In the executive functioning of the government, there are three broad areas: ministries with departments, public undertakings, and constitutional bodies. We may now bring up briefly the issue of parliamentary committees. Though most of the debates, heated exchanges, questions and answers, passing of bills, resolutions, motions and such other activities are held and final decisions are taken in the parliament, bulk of the hard and spade works and nitty-gritty is discussed on solid footing and recommendations thereof are processed in the parliamentary committees (including sub-committees). In a way, the committees are in effect mini-parliament. Currently, our parliament has a fixed number of committees, 12 in total; in addition, there is one standing committee for each ministry, variably dependent upon the number of ministries and as per rule 266 of the Rules of Procedure, formation of special committee or committees takes place through resolution containing terms passed in the parliament. The functions of all the committees, except those of a special committee, are laid down in the Rules of Procedure. Analyses of answerability of the committees may be briefly highlighted as follows: i. Ministries/ departments/ public undertakings are answerable normally to (a) the respective standing committees of the ministries; (b) based on reports of the comptroller and auditor general, as per article 132 of the constitution, to the public accounts committee and (c) based on any resolution passed in the parliament, to such special committees. ii. The public undertakings are also answerable to the parliamentary standing committee on public undertakings. iii. Constitutional bodies (a) based on the comptroller and auditor general’s reports, as per article 132 as well as article 141(3) of the constitution, which says, ‘The President shall cause the reports and memorandum of the CAG to be laid before Parliament’, are answerable to the public accounts committee; and (b) based on any resolution/motion adopted in the parliament are answerable to such designated committees. It is thus clear that whereas public undertakings have four directional areas for answerability as in i and ii above, the constitutional bodies have two directional areas for their answerability as in iii above. There is no need to overemphasise that no one is above the law/board; even the constitutional bodies are not exempted. The parliament is sovereign and its committees are, therefore, deemed to be sovereign. All constitutional bodies are answerable to the parliament and the committees concerned. For example, let us take the case of the Anti-Corruption Corruption. When corruption is generated within itself, the time immemorial adage will appear and reappear: When the ghost takes shelter within the mustard seed/To drive him out is an impossible deed. The question here is as to the modalities and spelt-out directional area/areas for answerability. We may now land into the function of the parliamentary standing committee on public undertakings as laid down in the rule 238 of the Rules of Procedure and part I and part II of its schedule IV. Part I has specified 24 names of the undertakings and the 25th says to include ‘[a]ny other Corporation/body that may be created after adoption of these Rules.’ No such addition has taken place till date. Part II includes nationalised enterprises as per PO 27 of 1972. Thus, schedule IV of rule 238 of the Rules of Procedure does not include constitutional bodies. It does not provide any alibi to the constitutional bodies. They are answerable to the parliament as explained earlier. Hence, the parliamentary standing committee on public undertakings could have i. moved a motion in the parliament to amend its name to parliamentary standing committee on public undertakings and constitutional bodies and include the constitutional bodies in the list, an addition, as part III of schedule IV of rule 238 of the Rules of Procedure. In future, the parliament may consider the issue since constitutional bodies do not fall under the purview of a ministry. ii. moved a motion to form a special committee under rule 266 of the Rules of Procedure to look into the issue for which it invited the Anti-Corruption Commission to its committee meeting. (Maybe, but we do not know, it was, for the expenditure of Tk 16 crore paid as legal fees to high-profile lawyers, assumed that the income tax authorities have already cast its eagle eye on the element of taxes upon such expenses of the commission as well as random use of helicopter draining out heavily from the government coffers, as if ‘Wishes are horses poor man can ride’, which, in Bengali, we say, Gariber Ghod(r)a Ro(a)g iii. referred the matter to the public accounts committee for an impromptu audit by the chief comptroller and auditor general’s office and then hold a joint meeting of the public accounts committee and the parliamentary standing committee on public undertakings where the commission could have been invited iv. sought clarification/interpretation in the matter from the speaker as per rule 214 of the Rules of Procedure, which says, ‘If any doubt arises on any point of procedure or otherwise, the Chairman may, if he thinks fit, refer the point to the Speaker whose decision shall be final.’ The Anti-Corruption Commission, on the other hand, could have i. attended the meeting of the parliamentary standing committee on public undertakings (deemed to be a mini-parliament) and explained the relevant procedures as laid down in the Rules of Procedure and requested the committee for further advice to fulfil the procedural lapses as to the case in point; or ii. at least written a letter with due respect for (i) above instead of its refusal to appear. In the end, we feel that the issue should be resolved once and for all since it brooks no more delay. The speaker may invite the parliamentary standing committee on public undertakings, the public accounts committee and the Anti-Corruption Commission to a meeting and give a clear directive so that current loggerheads between the parliamentary standing committee on public undertakings and the commission are removed amicably within the available alternatives as spelt out earlier and the procedures are updated to take care of recurrence of such disputes in the days ahead. The commission must on the one hand understand that its refusal construes as disrespect not only to a committee but also to the parliament itself. The parliamentary standing committee on public undertakings needs to understand on the other hand that it has a responsibility to do away with or scale down any persisting lacunae in the procedures relevant to it. All must, therefore, come to terms right away through the good offices of the speaker. A Mannan is a former lawmaker and a former state minister for civil aviation and tourism, and textiles
Haor vital for economic takeoff
The government, especially a democratic government, has to play an active role to lift the desperate poor of the haor region out of poverty. This will usher in a new phase in our agricultural, industrial and cultural development, writes Nehal Adil
HAORS, or lakes, constitute 14,000 square kilometres in Bangladesh, spread over greater Mymensingh, Sylhet and Comilla. This lake land in our country is where the poorest of the poor live, cut off from civilisation. Along with the people of river valleys or char areas, they constitute one-third of Bangladesh’s population and 80 per cent of the destitute multitude. The post-independence boom never touched them. One can call them the descendents of the earliest peoples of this country, ever neglected and ever exploited. They are peasants, fishermen, craftsmen, mostly self-employed and conspicuously out of the mainstream economy. The sweet songs of market economy, entrepreneurship, all that we have heard through the decades, did not touch them. Many of them migrated to the cities, especially Dhaka, and live in slums. In Dhaka there were three million slum dwellers before the slums were demolished by the army. Frightful stories abound that by certain secret weapons, entire slums have turned into smoke with their inhabitants in it. Nobody dared confirm it or even talk about it as there was a state of emergency in force. But should the poor be ignored and allowed to die in the countryside? No, the democratic government of Bangladesh cannot ignore them. The prime minister has declared in the parliament that all the excesses and crimes committed by a handful of persons in the name of a professional group will not go unpunished, neither would they be repeated. This will restore national confidence and also confidence in the profession which is highly valued by the nation. Jana Sanghati, a voluntary organisation, wants to fight the problems of the haor or lake land people by grassroots mobilisation. They do not like to call themselves a non-governmental organisation but they think that they should mobilise the people for social justice. They do not like to look abroad for capital but they want to create capital by utilising human resources. One of these activists worked with my late friend Ahmed Sofa along with Nahid and Razzaq, who according to him, were in the government. I told him the government cannot do much. I quoted Ahmed Sofa and said by class character, the government remains same. What is important is the change of time and the coalition of forces. I got a copy of the haor declaration 2008. It was prepared by M Mokhlesur Rahman, Touhid Ibne Farid, Emranul Huq Kamal and Sharifuzzaman Sharif. Their first demand is to abolish the leasing system. According to them the lease system maintains the old feudal production relation. They want haor land should be distributed among the peasants who are directly engaged in production. Land should be given to the landless so that they do not drift away to the cities and become victims of crime and destitution. Because of climatic change, the haor lands dry up in the summer. It has both good and bad effects. Now paddy is grown in the haor in winter but it goes under water in summer. The haor activists want that social security should be given to the haor people during the summer. But it could be a gigantic task for the government to provide it. On the other hand, free enterprise has also failed. What can be done is to find some alternative employment like animal husbandry, poultry and handicrafts. But most important is to develop human and health resources. Most haor inhabitants do not get adequate food. They are sick and thus their productivity is low. Productive education is also important. They live in remote areas and their command of language is inadequate. Their subaltern culture does not allow them to come into the mainstream life. That is why when they move to the city they end up in slums and in low paid jobs. Through adult education their language and culture should be developed and that will make the way for better livelihoods. I am not that optimistic to believe that the young activists would succeed but it can play a vital role in changing our economic landscape by fruitful mobilisation of the poor and utilisation of the natural resources of the lake land. Not only food production, mainly paddy, and livestock but the traditional fishing can also be given a new dimension. If there is mixed farming of fish and rice we can use our haor land as the world’s major fish farming area. We cannot be passive onlookers. The government, especially a democratic government, has to play an active role to lift the desperate poor of the haor region out of poverty. This will usher in a new phase in our agricultural, industrial and cultural development. The long nightmare must be over. Hope should take over fear.
Drone wars
A new report on the sources of violent death in Iraq is relevant to an assessment of the changing nature of the air-war over Pakistan, writes Paul Rogers
THE phrase ‘war on terror’ might have been quietly dropped from the United States’s military lexicon – to be replaced (according to a memo to Pentagon staff) by ‘overseas contingency operation’. But it is clear that to some degree there is continuity in practice in the tactics being pursued by the coalition in Afghanistan and Pakistan. An example is the relatively little reported campaign in western Pakistan characterised by what (in another euphemism) are commonly termed ‘drone incidents’ but which would be better called air-raids. The term ‘drone’ has a serviceable analytical use, but the suggestion it conveys – of a very small pilot-less aircraft that is more of a scaled-up version of a model aircraft – is misleading as a description of what is happening in parts of Pakistan. For the technology of the ‘drone’, which is developing at an extraordinary rate, is as sophisticated as its effects are becoming more intensive and destructive. The present reality of these ‘drone’ deployments is that United States forces are flying large and heavily armed aircraft over Pakistan for virtually every hour of every day, frequently accompanied by actual attacks. These air-raids have killed hundreds of people, many of them civilians and including scores of women and children. Three aspects of this major development in the war are worthy of note: the size and power of the weapons being used, the rapid increase in their use, and the impact in terms of civilian casualties. If a so-called ‘al-Qaeda central’ is genuinely trying to target countries such as Britain – a claim that has arisen from the detention of twelve people at seven addresses in northwest England on April 8, though without any firm evidence so far – then a possible motivation for new recruits to the movement is readily at hand in western Pakistan. A grim reaper THE weapon of choice for United States forces was until recently the Predator, manufactured by General Atomics. The much larger and more powerful MQ-9 Reaper is now becoming their favourite. The Reaper’s turboprop engine is nearly eight times as powerful as the Predator; it carries fifteen times the weapons load and yet travels three times more quickly. Because these planes have no pilots and are operated remotely, often by technicians at bases in the United States, there is a huge ‘weight gain’. This, combined with the sheer size of the Reapers, means that they can easily carry a range of weapons on a par with a conventional strike aircraft. A recent version of the Reaper has a wingspan of over twenty-five metres (about the same as a Boeing 737 passenger-jet), and can carry sufficient fuel to stay airborne for thirty-four hours. If fitted with two drop-tanks and 300 kilograms of weapons, it can fly a forty-two-hour sortie; as pilot fatigue is not an issue, shifts of operators can be used to sustain this length of time in the air. In practice, however, bombing attacks are more likely to be undertaken by Reapers with a much shorter range and carrying more weapons. These can include Hellfire air-to-ground missiles, Paveway laser-guided bombs or GBU-38 Joint Direct Attack Munitions. The Reaper is a bomber in all but name. A comment in September 2006 on the designation of this ‘unmanned aerial vehicle’ from the then chief-of-staff of the United States Air Force, General T Michael Moseley, is indicative of official attitudes: ‘We’ve moved from using UAVs primarily in intelligence, surveillance and reconnaissance roles before Operation Iraqi Freedom, to a true hunter role with the Reaper.’ An even better indication of its growing role is that in 2008 the New York Air National Guard 174th fighter wing began to make the change from flying F-16 strike aircraft to ‘flying’ Reapers. A recent customer for the Reaper is Britain’s Royal Air Force, which has deployed the aircraft in Afghanistan since autumn 2007. Its initial deployment was an unarmed reconnaissance vehicle, but the armed variant is now in use. The ministry of defence acknowledges the MQ-9’s ‘[complementary] mission’ to be ‘a persistent hunter-killer against emerging targets to achieve joint force commander objectives.’ The MoD has, however, been notably reticent about publicising actual cases where the Predator has engaged in combat, or about any casualties resulting from this. A view from the ground THESE military and technical advances, in the context of the difficulties experienced by western coalition forces in Afghanistan in the war against the Taliban, help explain why the escalation in the number of air-strikes in Pakistan (regarded as the source of much Taliban activity and weaponry) has been rapid. US forces struck just twice in 2006, three times in 2007 and seven times in the first eight months of 2008. A surge in the last four months of 2008 saw twenty-nine air-raids, and there were fourteen between January and 8 April 2009. Pakistani sources assess the number killed over this near forty-month period at 701, including 14 al-Qaeda leaders; 152 of these have lost their lives this year. These sources also claim that the great majority of people killed are civilian, though US military sources often dispute this. The pattern here is that the Pentagon or US spokespersons closer to the action tend to discount claims of civilian casualties immediately after a raid, only for independent evidence later to appear that confirms the initial local reports. It is, therefore, plausible in many cases to be sceptical of the denials. A return message Moreover, evidence becoming available from Iraq indicates that air-strikes are precisely the forms of attack most likely to lead to high numbers of civilian casualties. A new study published in the New England Journal of Medicine – one of the world’s leading medical journals – the authors used the extensive and detailed database maintained by Iraq Body Count to analyse 14,196 incidents in which 60,481 civilians were killed violently. The lead author, Madelyn Hsiao-Rei Hicks of King’s College, London, says: ‘By linking a large number of deaths to the particular weapons used in specific events, the IBC database offers a unique opportunity for detailed analysis of the public health impact of different forms of armed violence on Iraqi civilians.’ The study examines all the different kinds of incidents – including small arms, roadside-bombs, suicide-bombs, mortars and air-strikes – to find that the suicide-bomb achieves one of the worst killing-rates (sixteen civilian deaths per incident, on average). This might be expected, given that the tactic is often used deliberately to kill as many people as possible, often in crowded marketplaces. More surprising is that the analysis reveals air-strikes to have an even worse effect, with seventeen civilian deaths per incident. Furthermore, the detailed nature of the IBC primary research allows data on many of the incidents to include the gender and age of the victims. The NEJM report finds that 46 per cent of victims of known gender were female and 39 per cent of victims of known age were children. This is data for Iraq, not Pakistan, and there is no way of being certain that what has applied in one country is true for another. What is now clear is that research findings based on objective evidence from Iraq suggests that internal Pakistani reports of high numbers of civilian casualties through Predator and Reaper raids must be taken seriously. It is also relevant that the air war in Pakistan has accelerated in a manner largely unrecognised in the western media, though this is widely covered in the Middle East and southwest Asia. This goes a long way to explain the anti-western mood in Pakistan, and the difficulty that the current government in Islamabad has in supporting US actions. Whatever the outcome of the investigations in northwest England – where ten of those arrested are Pakistani-born nationals reported to have entered the country on student visas – much of the media speculation has focused on suggestions that their focus is a bomb-plot with connections to Pakistan. The logic of this narrative is that the source of the security threat to Britain might be shifting from groups (such as the perpetrators of the 7/7 bombings in London) that had become radicalised within Britain to ones trained in Pakistan by ‘al-Qaeda central’ and deployed to the target country. Britain may not be involved in any of the air-raids across the Afghan border into Pakistan, but the country is widely seen as the United States’s closest ally. If ‘al-Qaeda central’ does exist and does see an opportunity to undertake operations in Britain, it could well see the changing nature of the war in western Pakistan – including the many civilians being killed each month in air-raids - as fuel and succour in its effort. openDemocracy, April 20. Paul Rogers is professor in the department of peace studies at Bradford University, northern England

Cantonment residence and dirty politics
Why is the government so hell bent over evacuating the opposition leader from her Cantonment residence? How can this be the government’s priority? Aren’t there any other issues that need to be dealt with first? Sarah Chowhdhury Los Angeles, USA * * * This is vindictive policy at its worst! A citizen Dhaka * * * I expected the Awami government to act a bit matured this time. Guess mine was just a wishful thinking. Shubhro Via e-mail
Obama and Cuba
Obama is right to make progress with Cuba on humanitarian grounds such as increased family visits, and more allowances for transfer of money between relations in the US and Cuba. We hope the relation between the nations will finally improve. Zubair Dhaka
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Next on Quick Comments
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a) Khaleda asked to leave cantt house by 15 days: Military Land Directorate issues notice citing 5 reasons (New Age, April 21)
b) Gen Moeen resigns as NSC chairman (New Age, April 21)
c) Stringent law against cyber crimes planned: Offenders may be handed 10 years’ imprisonment, financial penalty of Tk 1cr (New Age, April 21)
d) Sri Lanka army accused of carnage (bbcnews.com)
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