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26 March, 2018 00:00 00 AM
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Re-thinking our past

In Bangladesh, there is clearly a sense of anxiety regarding local and national stability and peace in the region
Tasmiah Nuhiya Ahmed
Re-thinking our past

March 26 is the national independence day of Bangladesh. This day is celebrated all across the country with pride and joy. It observes the country's declaration of independence from Pakistan on late hours of March 25, 1971 and the commencement of Bangladesh Liberation War in 1971. The day is a memorial to the deaths of thousands of innocent civilians who died in the subsequent Bangladesh Liberation War. The day is a national holiday in Bangladesh, and is celebrated with parades, and paying of respect at Jatiyo Smriti Soudho, the national memorial at Savar near Dhaka.

Bangabandhu urged "his people" to turn every house into a fort of resistance. He closed his speech saying, "Our struggle is for our freedom. Our struggle is for our independence." This speech is considered the main event that inspired the nation to fight for its independence. General Tikka Khan was flown in to Dhaka to become the Governor of East Bengal. East-Pakistani judges, including Justice Siddique, refused to swear him in.

During the Liberation War of 1971, Bangladesh witnessed one of the most heinous forms of genocides in the history. The irksome events followed by the so- called “Operation Search Light” on the night of 25 March 1971 in Bangladesh devastated the assiduous people throughout the world. West Pakistan began a military crackdown on the Eastern wing of the nation to suppress Bengali calls for self-determination rights. A planned military pacification carried out by the Pakistan Army (codenamed Operation Searchlight) started on 25 March to curb the Bengali nationalist movement by taking control of the major cities on 26 March, and then eliminating all opposition, political or military, within one month. Before the beginning of the operation, all foreign journalists were systematically deported from East Pakistan.

The planned and designated centres of offensive operations under that plan were Dhaka, Khulna, Chittagong, Comilla, Jessore, Rajshahi, Rangpur, Saidpur and Sylhet areas, where West Pakistani army units were concentrated. Pakistani Army units and paramilitary elements in other areas of East Pakistan were to maintain control of their respective areas and await reinforcements during the initial phase of the operation.

Once Dhaka had been secured, the 9th and 16th divisions from Pakistan were to be airlifted into East Pakistan as reinforcements.

When the Operation Search Light was started on the mid night of March 25, 1971in East Pakistan (Present Bangladesh), the Pakistani Army and Pakistani Rajakar forces killed many innocent public, students, civilians, children, political leader, political member, old people and many others and they raped many Bengali girls and women. They killed thousands of unarmed Bengali people in only one night.

After the night of March 25, 1971, Bangladesh Liberation War broke out in the whole country. The violence unleashed by the Pakistani forces on 25 March 1971, proved the last straw to the efforts to negotiate a settlement.

During the nine-month-long Bangladesh war for independence, members of the Pakistani military and supporting Islamist militias from Jamaat-e-Islami killed up to 3,000,000 people and raped between 200,000 and 400,000 Bangladeshi women, according to Bangladeshi and Indian sources, in a systematic campaign of genocide rape.

The actions against women were supported by Muslim religious leaders, who declared that Bengali women were gonimoter maal (Bengali for "public property"). As a result of the conflict, a further eight to ten million people, mostly Hindus, fled the country at the time to seek refuge in neighbouring India. It is estimated that up to 30 million civilians became internally displaced. During the war there was also ethnic violence between Bengalis and Urdu-speaking Biharis. Biharis faced reprisals from Bengali mobs and militias and from 1,000 to 150,000 were killed. Other sources claim it was up to 500,000.

There is an academic consensus that the events which took place during the Bangladesh Liberation War constituted a genocide, and warrant judicial accountability.

Now if we look at a very recent incident, known as “Rohingya Influx”, we find some similarities between the genocide took place on Rohingyas and Bengalis. About 700,000 Rohingyas have crossed the Myanmar border to Bangladesh since August 25 last year fleeing persecution by the country’s military. A senior UN official described the plight of Burma's Rohingya people as a “textbook example” of ethnic cleansing. The United Nations (UN) has said that the persecution “bears all the hallmarks of genocide”. Although the Burmese government denies reports of rapes, killings and house burning, and it is difficult to be clear on exactly what is occurring, because of restricted media access, accounts of severe persecution continue to be heard from fleeing refugees. These stories include horrific accounts of Rohingya children being beheaded and civilians burned alive.

The Rohingya are an ethnic group, largely Muslim, who are often described as “the world’s most persecuted minority”. For centuries, they have lived in Buddhist-dominated Burma. However, since they are not recognised as an ethnic minority of Burma, they suffer from appalling discrimination and human rights’ abuses. Their rights to study, work, marry, travel, practise their religion and access health services have been restricted and they are unable to vote. From surveys completed by 500 participants in seven cities in Myanmar, it appears that 85 per cent claimed to dislike Muslims because of the fear of turning the country Islamic, undoubtedly fuelled by anti-Muslim propaganda.

Bangladesh was due to sign an agreement with the UNHCR, the UN Refugee Agency; to carry out the repatriation process as the international community reiterated its call for “safe, voluntary and dignified” return of Rohingyas from Bangladesh to Myanmar to make their return sustainable.

Myanmar, however, does not want UNHCR’s involvement in this repatriation process, but wants the involvement of the International Committee of the Red Cross (ICRC).

Lawyers in Australia have filed a private application in a Melbourne court seeking prosecution to press charges against Myanmar’s de facto leader Aung San Suu Kyi of crimes against humanity committed against ethnic Rohingya minorities in the country’s Rakhine state. According to The Guardian, the case against Suu Kyi was filed in the Melbourne magistrates’ court on charges of crimes against humanity for the deportation or forcible transfer of a population in relation to widespread and ongoing human rights abuses inside Myanmar. However, it has also been reported that the private prosecution application faces significant barriers to proceeding – a universal jurisdiction prosecution in Australia requires the consent of the attorney general.

The Guardian also adds that the application is being assessed by the court, a response is expected to be made, and a formal request has also been sent to the office of the attorney general, Christian Porter, asking him to consider consenting to the prosecution proceeding.

It is unlikely Porter would consent to Suu Kyi’s prosecution, The Guardian reported. Under the customary international law, heads of state, heads of government and ministers of foreign affairs are immune from foreign criminal proceedings and are inviolable – they cannot be arrested, detained, or served with court proceedings, The Guardian reports quoting the attorney general.

Australia formally recognises the principle of universal jurisdiction, and therefore the Australian courts have jurisdiction to hear allegations of international crimes of the most serious nature, regardless of the alleged offender’s nationality or the place where the offences were committed.

However, the attorney general’s consent is required for a universal jurisdiction prosecution in Australia to proceed, reports The Guardian. It is our expectation that such genocide will not go unpunished.

On a separate note, it is the fact that dozens of refugees have been opposing their repatriation as reported by the United Nations special rapporteur Yanghee Lee. The refugees refuse to go back unless their safety can be guaranteed and Myanmar grants their demands to be given citizenship and inclusion in a list of recognised ethnic minorities. The refugees are also asking that their homes, mosques and schools that were burned down or damaged in the military operation be rebuilt.

Rashida, 25, recently fled with her husband and three children from Rakhine State, Burma, after her family home and the paddy fields they farmed had been burned. She says, “The Bangladeshi people are being very kind and are donating clothes and food, but I have not seen any international organisation. I wish they would help us, too – we need food to eat.” She is probably unaware that Burma has blocked all United Nations’ aid agencies from delivering vital supplies to Rohingya citizens.

One cannot help but draw parallels with Pakistan’s brutal suppression of the Bangladeshi uprising in the 1971 Bangladesh Liberation War. In March 1971 the Pakistani army launched Operation Searchlight and began systematically killing of academics, teachers and professionals. General Tikka Khan was dubbed the “Butcher of Bengal” for his role in Operation Searchlight; similar to Burma’s General Min Aung Hlaing role whose soldiers stand accused of rape, torture and murder.  

But for the persecuted Bengalis of 1971, India played a pivotal role in providing shelter, food and opened up its borders. India’s prime minister at the time, Indira Ghandi, played a pivotal role in mobilising world leaders to condemn the atrocities against the Bengali people and sent her army to support the Bengali freedom fighters.

The Bangladeshi government has the opportunity to offer support to the Rohingyas – together with international aid organisations – while they are taking refuge in makeshift camps in Bangladesh. Prime Minister Sheikh Hasina condemned Burma as has the opposition Bangaldesh National Party Leader, Khaleda Zia for atrocities that had reached a level beyond description. Sheikh Hasina has demanded that Burma bring the Rohingya back, while encouraging the international community to place pressure on Burma to ensure the safety of the Rohingya. Bangladesh has also proposed creating “safe zones” run by aid groups for the Rohingya Muslims in Rakhine to stop hundreds of thousands of refugees crossing into its territory. Bangladesh needs world leaders to support this intervention – just like in the Bangladesh civil war.  

Bangladesh has allowed shelter to these Rohingyas. It is undeniable that it is a burden. However, we must not forget humanity should prevail above all. Bangladesh has its own history of being refugees during its birth as a sovereign state. All these created a positive and welcoming attitude towards the Rohingya community at the beginning. However, these started to change gradually as the host community; especially the people from Cox’s Bazar are not as happy at this stage as they were while welcoming the Rohingyas. Experts advise for different programmes to undertake in order to address the challenges. For example,

Integrated humanitarian and development programs, which aims at balancing assistance to both refugee and host communities, or integrate services provided to them.

Conflict resolution programmes, which encourages workshops, discussions or regular meetings between both communities.

Environmental management programs, which seeks to improve the management of environmental resources in order to promote co-operation and reduce tensions.

They also advise that we need coordination between the national and local administrations. It is well understood that we need to involve more local stakeholders into decision-making for bridging the gaps between domestic and foreign policies.

In Bangladesh, there is clearly a sense of anxiety regarding the future options for refugee return and/or resettlement, as well as local and national stability and peace in the region. Many doubt the fate of the recent repatriation agreement signed by the two governments in Naypyidaw, Myanmar's capital. Details are vague. In a brief remark, the Bangladeshi government expressed that the deal was a “primary step” to start the repatriation process with a joint working group within three weeks, for a “speedy” return of the refugees, starting within two months.  The signed memorandum of understanding, distributed to journalists by the Bangladeshi Foreign Ministry, it is mentioned that all refugees would only return if they wished it, both countries agreed.  The agreement says "Myanmar will take all possible measures to see that the returnees will not be settled in temporary places for a long period of time and their freedom of movement in the Rakhine State will be allowed in conformity with the existing laws and regulations."

Europe-based Rohingya activist Nay San Lwin told CNN said that "We can't trust the government and military at all. No one should go back if they have to stay in a camp, if they are not allowed to live back in their original village," he said. "Myanmar government must restore their citizenship once they are repatriated."

In Bangladesh, we are heading towards our Independence Day, which we celebrate on 26 March of every year. As we celebrate the day, we must not forget that it is a time to provide shelter to the stateless people of Rohingya – a time not to forget Bangladesh's bloody past but to act on the memory that justice and humanity must again prevail and silence is not an option. We, as a nation; are the once-persecuted people of Bangladesh and hence we must take care of the people who need our support to survive.

    The writer is an advocate

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Editor : M. Shamsur Rahman

Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.

Editor : M. Shamsur Rahman
Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.

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