This article was published in the Dhaka Tribune, Dhaka, Bangladesh on 22 Aug 2014

Not in My Name, Please

I am not a lawyer, and I am not a politician, but I have to live by the law, and I have to endure the
politics. I am a citizen. No one cares for me, but everyone uses me. They do everything in my name. I
belong to the public. These are my thoughts.

We were getting quite comfortable with at least 4 neutrally conducted elections, since 1991 when the
last autocratic leader of the republic was deposed. We thought we could change the government
every 5 years like the inevitable swing of the pendulum. We did not realize that politicians had more
undemocratic tricks up their sleeves than we counted. One section of them out-maneuvered the other
to be in control for another 5 years. The public was left on the sidelines like a child who cannot play with
the big kids.

But we did see their true colours and we are piqued and offended with them. They have taken us for
granted and have affirmed that they are only concerned with their personal self-interests. Some are hell
bent on enthroning their progeny, while some are delirious with consolidating their ill-gotten millions.
The feeling has emerged that, physiologically the politicians are one group and the public is another. But
what about the two major political parties individually. The AL is the senior player having a longer, more
colorful history. The BNP is also strong, enjoying the silent support of the forces that stretch back to the
needs for the creation for a Muslim homeland. Both parties strategize on the past, than concentrating
on the visceral needs of the present. As a member of the public, if I am an AL supporter, I should be
happy because they are in power, but unhappy that they achieved this through disingenuous means. If I
am a BNP supporter, I should be unhappy because they are powerless, but happy that they are being
taught a lesson for neglecting my interests in the past.


Collectively, the expectations of the public from the BNP is greater, because of their lesser numerical
representation and shallower roots within the national psyche, but a perceived greater dedication to
action than words. But they did not live up to the expectations. The BNP did not differentiate itself
substantially from the AL in the public mind when it had the opportunity during the 2 times they were
in power. The public did not think that they benefited from them. Now, the BNP has dug itself into a
hole and they cannot come out of it without the help of the public.

The AL and the BNP seem to be the two sides of the same coin. Therefore, the AL should be careful. A
day may come when the same fate may await them. Today, now when they are in power, this is the
time for them to win the hearts and the minds of the public for the next 20 years, because the public
does matter, in the long run, as the BNP is now finding out. But how does a party win the hearts and
minds of the people ?

Mostly, by paying attention to small things that affect their daily lives. The first would be the
enforcement of justice in the courts. More than food, shelter or clothing, which, from time immemorial,
man is supposed to procure for himself at the individual level, mans primary demand from any form of
government is the proper enforcement of justice. Justice cannot be procured at the individual level, and
so men feel helpless if it is not provided by the community. It is ludicrous to see how major political
parties have ignored this for years. The easiest, the most cost effective way to win the hearts and minds
of the people is to ensure the timely dispensation of verdicts. There are now about 3.5 million cases
pending in the courts affecting around 50 million of the most productive members of the public. These
people have resources, and ability but their time and efforts are being wasted for completely
unproductive purposes. These are mostly civil and criminal matters which have little impact on the need
of politicians to stay in power, and yet the politicians will not do what is needed which can benefit the
people immensely. The legal system is riddled with archaic laws and procedures inherited from the
British. The devil is mostly in the procedures, not in the laws. Judges and lawyers use loopholes in the
procedures endlessly for personal gains. Granting of endless time petitions can prolong cases from 5 to
25 years. There is almost no scope to appeal to a higher authority. The only time that a litigant can
meaningfully appeal to a higher authority is when the case is moved from the Lower Courts to the
Higher Courts. The Code of Civil and Criminal Procedures therefore must be thoroughly reformed in the
same spirit that the Hasina Government has identified digitalization as the easy way out of poverty. If
corruption cannot be prevented by appealing to the conscience then it must be done through the
proper design of the system.

Another curious feature of our legal system is the behavior of our lawyers who have a serious deficiency
in self-esteem, and suck up to politicians who have total control over them. They group along political
lines when they should be protecting the integrity of their profession first. As officers of the courts, they
have made the entire judiciary subservient to politicians. This is the main reason why free and fair
elections cannot be held in the country. Senior lawyers must take responsibility for failing to guide their
junior colleagues.

The second area which concerns the public is investment and finance. The Stock Exchange, the hope
and aspiration of many people has taken a severe beating causing much distress. The Stock Exchange
represents investments by both businessmen who run the enterprises and common people who only
invest in them. Common people with no particular skill or expertise, have money which remains idle if
they cannot invest in a bigger firm which can give profit. It is therefore in the interest of the government
to see that new businesses are set up. However, it has been difficult to convince affluent people to
invest in new enterprises given the lack of facilities eg. electric power, infrastructure etc. and the web of
bureaucratic rules and disparities that harasses and discourages would-be entrepreneurs. Why should
an affluent person set up an industry risking it all, when he can earn 10% interest sitting at home ?

Another issue has been the MLM companies. The government has cracked down on them without much
consideration to their cogency to the present stage in our industrial development. Although MLM
companies have their downside, and must be regulated, they serve a major purpose by creating capital
for entrepreneurs and at the same time offering much needed exposure and business connections to
rural folks with no special skills and little capital. Most importantly, they create an environment of hope
and open doors to millions of rural people who get the opportunity to set up their own networks.

The country has been saddled with a foreign exchange reserve of over 22 billion dollars which can only
be used to finance imports. Although a decent reserve is absolutely essential, too much of it, especially
the part created by unproductive labor remittances can have banal effects. This money collects no
interest, yet it creates inflation by the Bangladesh Bank having to purchase it with Takas. Unless, this
money can be utilized to import capital goods to boost local production, this will be a bane rather than a
boon. The only way out of this impasse is to have a sound industrial growth policy free of bureaucratic
hassles.

These are some suggestions from a citizen who has become disgruntled with the country and taken up
the pen in the hope of creating the spark that will ignite the fire. The public want good governance
irrespective of which party provides it. Gone are the days when people would go into the streets spilling
their bloods for a particular person or a party. The only way for the incumbent party to sit in the pulpit
of power is to take the public on its side, and this can only be done by helping them in matters that
actually affect their daily lives, not by implanting exotic ideas to get more revenue into the party coffers.
And the non-incumbent party must make all efforts to regain the trust and confidence of the people. It
is in the interest of all that the political parties understand this. Once in the hole, it may not be easy to
get out.


By :

Syed Mujtaba Quader


Email: smquader22@yahoo.com