Opinion
Human Rights Day

State, Intellectuals and Dwindling Civic Space

The state of freedom of expression and academic freedom in Bangladesh

December is a month of celebration. Early in this month in 1971, the final assault on the barbarous Pakistani army was launched by the gallant freedom fighters. By mid-month, the triumphant fighters stomped the streets of the capital as the city-dwellers, breathing the fresh air of independence, welcomed them by unremittingly showering petals on the open jeeps that carried their brave sons and daughters.

The unadulterated festivity and mirth soon tapered off as the news of the killing of intellectuals began to emerge. Even in the throes of being routed, the retreating enemy and its local cohorts dealt a severe blow to the nation. They brutally killed a host of eminent intellectuals—doctors, engineers, professors, journalists, and the like.

Despite their differences in age, vocation and gender, the underpinning commonality of the martyred intellectuals was their free spirit. They were guided by their conscience and professed what they stood for. Theirs were unfettered souls that longed for freedom, not only for their own selves but for the people as a whole. They acted as the nation's beacon in those difficult but vibrant times of long democratic struggle and occupation. It is precisely because of this non-violent act of nurturing the aspiration of the nation that they had to pay the ultimate price. In their pursuit of chasing their dream for an egalitarian society that would ensure justice, democracy, fundamental freedoms and the rule of law, their eventual loyalty was to the people. As individuals, they might have had political preferences, but it was their conscience that guided them.

Unfortunately, almost 50 years after independence, the role of public intellectuals appears to have suffered a major reversal. Instead of being led by the reason of right or wrong, in most instances, intellectuals of the day are steered by partisan fidelity. It is not the principles that shape their actions—rather a blind trust in the party, its nebulous ideology, and the leader, as well as aspirations for posts, positions, perks and pecuniary gains often become their motivating factors. All these have resulted in the gradual erosion of the civil society in Bangladesh. It will not be incorrect to claim that by now, the civil society has largely been split along party lines. Principles and ideology that underline any robust civil society gradually gave way to conformism, self-seeking and kowtowing. All these have contributed to the emergence of an all-powerful state.

The civic institutions that played a formidable role in resisting the military dictatorship of the Pakistani period—such as the bar, journalists' unions and teachers' associations—have, by now, for all practical purposes, become appendages of the ruling establishment. Instead of mounting a challenge to the status quo, those have become bastions for defending state action, often rationalising patent onslaught on citizens' rights and entitlements.

The absence of effective people's resistance has enabled the state under successive regimes to frame laws and regulations curbing their rights. Included among those were the Special Powers Act, Printing Presses and Publications Act, sedition law, blasphemy law, defamation law and the like. The rise of the phenomena of violent extremism and terrorism has provided a fresh opportunity to the state to flex its muscles, further encroaching on people's rights. A plethora of laws legalising wiretapping and regulating internet, NGOs and the media, including the draconian Digital Security Act, were enacted.

Over time, the executive branch became disproportionately powerful, and the structures and institutions that helped uphold pluralism, rule of law, separation of power, transparency and accountability augmenting the democratic dispensation began to lose efficacy. The alienation of the ruling elite from the masses was further exacerbated as election, as a method to change government, was effectively weakened. This, in turn, has resulted in beefing up coercive apparatuses of the state. The securitisation process adversely impacted on the people as their fundamental rights, including those of freedom of expression, press and assembly as well as academic freedom, were substantially curtailed. All those are critical elements for the sustenance of a democratic polity.

The outbreak of Covid-19 has thrown further challenges to the enjoyment of human rights. This new reality has put inordinate pressure on the state institutions, particularly in the health sector. The government's management of the crisis triggered a range of responses from different quarters, including researchers, health professionals and academics. What's striking is the state's responses to such observations, which led to further shrinking of rights to freedom of expression and academic freedom.

From the beginning of the pandemic, the government imposed restrictions on the free flow of news about the impact of Covid-19 and its handling of it. The purported aim of the effort was to shield state's weaknesses in managing the crisis, such as timely acquisition and distribution of personal protective equipment, setting up of testing centres, ensuring supply of testing equipment, giving priority to certain groups of people in testing and treatment and the like.

On March 25, the government issued a memo announcing the formation of a cell tasked to monitor if 30 private television channels spread misinformation and rumours. The following day, the remit of the cell was expanded to monitor if such misinformation is propagated in the social media. Towards the end of May, the media and publicity wing of police headquarters informed that Bangladesh Telecommunication Regulatory Commission had announced the disbanding of 50 websites and launched an enquiry to check who are involved in the administering of 82 more social media accounts that spread rumours (Somoy TV, 01.02.2020).

In a bizarre development, an institutional investigation was launched against a researcher of Brac University for conducting unauthorised research along with a researcher of North South University on the likelihood of the spread of the virus that may affect 500,000 people in the absence of effective measures by the government. The researchers based their study on the model developed by a renowned epidemiologist of the prestigious Imperial College of London. Disseminating findings of a scientific study concerning a public health emergency surely falls within the ambit of academic freedom.

On May 13, in a circular issued by the authorities, the teachers of Khulna University of Engineering and Technology were asked to adhere to the said Order of the department of public administration. Likewise, on May 2, the doctors, teachers and nurses of Bangabandhu Sheikh Mujib Medical University were asked to refrain from engaging with the media without prior permission of the authorities.

For expressing their reaction to the death of a former minister, two university teachers were charged with defamation. Kazi Zahidur Rahman of Rajshahi University commented on the alleged corruption in the health sector during the tenure of the minister, albeit without naming him. Likewise, Sirajum Munira of Begum Rokeya University was also accused of insulting the deceased minister. Following an outcry of the ruling party, the university authorities filed a complaint with the police despite the fact that Munira had apologised and deleted the comments. Munira was put in custody for days, and unable to take the pressure, her father passed away, a day before she secured bail.

Intolerance of diversity of opinion also triggered violence on different groups. On November 4, 2019, students belonging to the student wing of the ruling party, Bangladesh Chhatra League (BCL), swooped on the students of Jahangirnagar University demanding an investigation into allegations of corruption against the Vice Chancellor. In another infamous case, now-suspected members of BCL brutally killed Abrar Fahad of BUET for his alleged Facebook comments critical of a deal signed between Bangladesh and India.

A number of students, many in their teens, were detained for days and improperly treated in custody for their involvement in the quota reform movement (July 2018) and road safety movement (August 2018). On August 4, 2018, the police reportedly fired rubber bullets and tear gas on high school students demanding improved road safety. The students were exercising their constitutional right to express views on those issues. Faculty members expressing solidarity with the quota reform movement were not spared either.

On September 19, 2019, a student of Cox's Bazar International University was suspended after a video featuring Rahima Akter went viral, in which she revealed her Rohingya identity and expressed her desire to pursue education in human rights. The university authorities took the action after a campaign gained traction calling for Akter to be sent back to Myanmar. The action was in breach of fundamental human rights to education and academic freedom.

In another worrisome development in September 2020, a Dhaka University professor, Hasan Morshed Khan, faced trumped-up sedition charges, had his position terminated and was denied access to his residence on campus, all for publishing an opinion piece in a national daily.

The contempt for academic freedom was brazenly demonstrated when the launching of Professor Ali Riaz's book "Voting in a Hybrid Regime" at Heidelberg University, Germany was disrupted by Bangladesh government loyalists on December 7, 2019. The representative of the Bangladesh mission present at the meeting noted that "some leaders and activists of Bangladesh Awami League came from Frankfurt and some other places… They might not have liked the discussion he wrote in his book."

The above narrative clearly demonstrates that the civic space allowing freedom of expression and academic freedom is under threat in Bangladesh. This deters critical thinking and intellectual debate. Restraints, censorship, sanction and retaliation by the state, other institutions and special interest groups are fast eroding the much-celebrated Muktijuddher Chetona (spirit of the war of liberation) which the martyred intellectuals stood for. It's time we, the citizens, stood in unison to protect our rights.

 

C R Abrar is an academic with an interest in rights and migration issues. He acknowledges the support of Rezaur Rahman Lenin.

Comments

Human Rights Day

State, Intellectuals and Dwindling Civic Space

The state of freedom of expression and academic freedom in Bangladesh

December is a month of celebration. Early in this month in 1971, the final assault on the barbarous Pakistani army was launched by the gallant freedom fighters. By mid-month, the triumphant fighters stomped the streets of the capital as the city-dwellers, breathing the fresh air of independence, welcomed them by unremittingly showering petals on the open jeeps that carried their brave sons and daughters.

The unadulterated festivity and mirth soon tapered off as the news of the killing of intellectuals began to emerge. Even in the throes of being routed, the retreating enemy and its local cohorts dealt a severe blow to the nation. They brutally killed a host of eminent intellectuals—doctors, engineers, professors, journalists, and the like.

Despite their differences in age, vocation and gender, the underpinning commonality of the martyred intellectuals was their free spirit. They were guided by their conscience and professed what they stood for. Theirs were unfettered souls that longed for freedom, not only for their own selves but for the people as a whole. They acted as the nation's beacon in those difficult but vibrant times of long democratic struggle and occupation. It is precisely because of this non-violent act of nurturing the aspiration of the nation that they had to pay the ultimate price. In their pursuit of chasing their dream for an egalitarian society that would ensure justice, democracy, fundamental freedoms and the rule of law, their eventual loyalty was to the people. As individuals, they might have had political preferences, but it was their conscience that guided them.

Unfortunately, almost 50 years after independence, the role of public intellectuals appears to have suffered a major reversal. Instead of being led by the reason of right or wrong, in most instances, intellectuals of the day are steered by partisan fidelity. It is not the principles that shape their actions—rather a blind trust in the party, its nebulous ideology, and the leader, as well as aspirations for posts, positions, perks and pecuniary gains often become their motivating factors. All these have resulted in the gradual erosion of the civil society in Bangladesh. It will not be incorrect to claim that by now, the civil society has largely been split along party lines. Principles and ideology that underline any robust civil society gradually gave way to conformism, self-seeking and kowtowing. All these have contributed to the emergence of an all-powerful state.

The civic institutions that played a formidable role in resisting the military dictatorship of the Pakistani period—such as the bar, journalists' unions and teachers' associations—have, by now, for all practical purposes, become appendages of the ruling establishment. Instead of mounting a challenge to the status quo, those have become bastions for defending state action, often rationalising patent onslaught on citizens' rights and entitlements.

The absence of effective people's resistance has enabled the state under successive regimes to frame laws and regulations curbing their rights. Included among those were the Special Powers Act, Printing Presses and Publications Act, sedition law, blasphemy law, defamation law and the like. The rise of the phenomena of violent extremism and terrorism has provided a fresh opportunity to the state to flex its muscles, further encroaching on people's rights. A plethora of laws legalising wiretapping and regulating internet, NGOs and the media, including the draconian Digital Security Act, were enacted.

Over time, the executive branch became disproportionately powerful, and the structures and institutions that helped uphold pluralism, rule of law, separation of power, transparency and accountability augmenting the democratic dispensation began to lose efficacy. The alienation of the ruling elite from the masses was further exacerbated as election, as a method to change government, was effectively weakened. This, in turn, has resulted in beefing up coercive apparatuses of the state. The securitisation process adversely impacted on the people as their fundamental rights, including those of freedom of expression, press and assembly as well as academic freedom, were substantially curtailed. All those are critical elements for the sustenance of a democratic polity.

The outbreak of Covid-19 has thrown further challenges to the enjoyment of human rights. This new reality has put inordinate pressure on the state institutions, particularly in the health sector. The government's management of the crisis triggered a range of responses from different quarters, including researchers, health professionals and academics. What's striking is the state's responses to such observations, which led to further shrinking of rights to freedom of expression and academic freedom.

From the beginning of the pandemic, the government imposed restrictions on the free flow of news about the impact of Covid-19 and its handling of it. The purported aim of the effort was to shield state's weaknesses in managing the crisis, such as timely acquisition and distribution of personal protective equipment, setting up of testing centres, ensuring supply of testing equipment, giving priority to certain groups of people in testing and treatment and the like.

On March 25, the government issued a memo announcing the formation of a cell tasked to monitor if 30 private television channels spread misinformation and rumours. The following day, the remit of the cell was expanded to monitor if such misinformation is propagated in the social media. Towards the end of May, the media and publicity wing of police headquarters informed that Bangladesh Telecommunication Regulatory Commission had announced the disbanding of 50 websites and launched an enquiry to check who are involved in the administering of 82 more social media accounts that spread rumours (Somoy TV, 01.02.2020).

In a bizarre development, an institutional investigation was launched against a researcher of Brac University for conducting unauthorised research along with a researcher of North South University on the likelihood of the spread of the virus that may affect 500,000 people in the absence of effective measures by the government. The researchers based their study on the model developed by a renowned epidemiologist of the prestigious Imperial College of London. Disseminating findings of a scientific study concerning a public health emergency surely falls within the ambit of academic freedom.

On May 13, in a circular issued by the authorities, the teachers of Khulna University of Engineering and Technology were asked to adhere to the said Order of the department of public administration. Likewise, on May 2, the doctors, teachers and nurses of Bangabandhu Sheikh Mujib Medical University were asked to refrain from engaging with the media without prior permission of the authorities.

For expressing their reaction to the death of a former minister, two university teachers were charged with defamation. Kazi Zahidur Rahman of Rajshahi University commented on the alleged corruption in the health sector during the tenure of the minister, albeit without naming him. Likewise, Sirajum Munira of Begum Rokeya University was also accused of insulting the deceased minister. Following an outcry of the ruling party, the university authorities filed a complaint with the police despite the fact that Munira had apologised and deleted the comments. Munira was put in custody for days, and unable to take the pressure, her father passed away, a day before she secured bail.

Intolerance of diversity of opinion also triggered violence on different groups. On November 4, 2019, students belonging to the student wing of the ruling party, Bangladesh Chhatra League (BCL), swooped on the students of Jahangirnagar University demanding an investigation into allegations of corruption against the Vice Chancellor. In another infamous case, now-suspected members of BCL brutally killed Abrar Fahad of BUET for his alleged Facebook comments critical of a deal signed between Bangladesh and India.

A number of students, many in their teens, were detained for days and improperly treated in custody for their involvement in the quota reform movement (July 2018) and road safety movement (August 2018). On August 4, 2018, the police reportedly fired rubber bullets and tear gas on high school students demanding improved road safety. The students were exercising their constitutional right to express views on those issues. Faculty members expressing solidarity with the quota reform movement were not spared either.

On September 19, 2019, a student of Cox's Bazar International University was suspended after a video featuring Rahima Akter went viral, in which she revealed her Rohingya identity and expressed her desire to pursue education in human rights. The university authorities took the action after a campaign gained traction calling for Akter to be sent back to Myanmar. The action was in breach of fundamental human rights to education and academic freedom.

In another worrisome development in September 2020, a Dhaka University professor, Hasan Morshed Khan, faced trumped-up sedition charges, had his position terminated and was denied access to his residence on campus, all for publishing an opinion piece in a national daily.

The contempt for academic freedom was brazenly demonstrated when the launching of Professor Ali Riaz's book "Voting in a Hybrid Regime" at Heidelberg University, Germany was disrupted by Bangladesh government loyalists on December 7, 2019. The representative of the Bangladesh mission present at the meeting noted that "some leaders and activists of Bangladesh Awami League came from Frankfurt and some other places… They might not have liked the discussion he wrote in his book."

The above narrative clearly demonstrates that the civic space allowing freedom of expression and academic freedom is under threat in Bangladesh. This deters critical thinking and intellectual debate. Restraints, censorship, sanction and retaliation by the state, other institutions and special interest groups are fast eroding the much-celebrated Muktijuddher Chetona (spirit of the war of liberation) which the martyred intellectuals stood for. It's time we, the citizens, stood in unison to protect our rights.

 

C R Abrar is an academic with an interest in rights and migration issues. He acknowledges the support of Rezaur Rahman Lenin.

Comments

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