Traffic Jam

Traffic jam is a condition on road networks that occurs as use increases, and is
characterized by slower speeds, longer trip times, and increased vehicular queue. The
most common example is the physical use of roads by vehicles. When traffic demand is
great enough that the interaction between vehicles slows the speed of the traffic stream,
congestion is incurred. As demand approaches the capacity of a road (or of the
intersections along the road), extreme traffic congestion sets in. When vehicles are fully
stopped for periods of time, this is colloquially known as a traffic jam.
What are the causes lie behind traffic jam:
There are various causes of traffic jam such as:

There are more private cars than any other vehicles, which is one of the main reasons.
The numbers of old transportation are still in Dhaka city. They are illegal. They don’t
have their fitness. But they are still running in the Dhaka city.
Besides there are big buses for highway travels. But now a day those buses also enter in
the city in day time and occurring heavy traffic jam.
Illegal parking is one reason for traffic jam. Cars, trucks and other vehicles are parked almost everywhere.
Faulty traffic signaling systems, inadequate manpower and narrow road spaces and overtaking tendency of
drivers create pro-longed traffic congestions. There are bus terminals not authorized by the traffic
department and drivers do not go by traffic rules. VIP protocol maintaining is another reason for frequent
traffic jams in the streets and divider problem in the city’s different important roads also causes congestion.

To reduce traffic jam we can take steps such as:

1. Good lane system.

2. Traffic police should do their duty properly.
3. Use zebra cross and foot over bridge.
4. Respect the law.
5. Good traffic system.
6. Government can shift all wholesale markets, government administrative offices, BDR
Headquarter, Dhaka University, Dhaka central jail, all industries, tanneries, to outside of Dhaka
city. Industrializations should be based on upozila it should not depend on metropolitan cities.
7. All import-export connected offices should go to near port areas of Chittagong or Mongla.
8. All offices should start at 7.30AM and all education institutes should start at 8 AM, Banking
should start at 9 AM and all can be end within just 2.30 PM, 4.30 PM and 4 PM.
9. All main roads should be one way. All type car parking must band in all roads.
10. Sky train should implement in Dhaka city like Bangkok Singapore.
11. Population control must be implementing as very strictly like china, if we cannot control over the
population the we cannot give the place to our next generation.
12. Service tripe must be generating two times in a day.
13. Invalid travel must be prohibited.
14. Pedestrian facilities should be increase.
15. Cycle path should be providing.
16. Proper planning and monitoring ensured.
17. Political interface must be avoided.
18. Increase street parking facilities.
19. New buses and more buses would be bought soon to discourage private cars on the streets.
 20. The government should plans to construct flyovers, elevated expressways, underground rails,
mono rails and ring roads in order to reduce traffic jam in the capital city.
21. RAJUK, DMP (Traffic) and BRTA, should work to control traffic movement and the government
should instruct the concerned departments to take effective measures in order to ease traffic jam.
22. Students should use buses instead of using private cars, which significantly contributes to the
traffic congestions in small areas."
23. Like other foreign cities we are planning to introduce Rapid Bus Transit (BRT) immediately on
one route. Our artery roads have enough space to introduce a designated bus lane.
24. Metro rail and MRT might be costly but those are necessary to resolve the ongoing crisis.

Eventually In order to have a smooth city transportation system we think Dhaka City Corporation should
consider expanding its public transport fleet-buses and double deckers. It has been proved very profitable in
cities like London and Moscow. As Dhaka has introduced lane system, it should also consider allocating a
tiny lane for Bicycles and it should launch a campaign to make it popular. If people start using bicycle for
commuting short distances, this can hugely reduce pressure on buses, taxies and rickshaws. Besides this,
cycling is good for environment as well as it can keep the city dwellers fit.

Public-Private Partnerships (PPP) in Bangladesh:

A public–private partnership (PPP) is a government service or private business venture
which is funded and operated through a partnership of government and one or more
private sector companies. These schemes are sometimes referred to as PPP, P3 or P3.

In August 2010, the Government of Bangladesh issued the Policy and Strategy for Public
Private Partnership (PPP) to facilitate the development of core sector public infrastructure
and services vital for the people of Bangladesh. The PPP program is part of the
Government's Vision 2021 goal to ensure a more rapid, inclusive growth trajectory, and
to better meet the need for enhanced, high quality public services in a fiscally sustainable
manner. Under this new national policy, the PPP Office was established as a separate,
autonomous office under the Prime Minister's Office to support sector line ministries to
facilitate identification, development and tendering of PPP projects to international
standards. A PPP Unit under the Ministry of Finance was established to foster an
environment of fiscal responsibility and sustainability in PPP projects.

***Sectors Covered under PPP Policy:

The Policy and Strategy for Public-Private Partnership covers vital sectors of the
economy where the PPP construct will be applied in support of national development
objectives:*Roads and highways*Mass-
transit*Railways*Ports*Airports*Electricity*Tourism*Irrigation and agricultural
services*Industrial estates*Water supply and distribution*Wastewater
management*Waste management*Information and communications technology*Land
reclamation and dredging*Oil and gas down stream production*Mineral
resources*Health*Education*Public facilities, social infrastructure and other social
services*Other urban, municipal and rural projects that the Government views as priority
areas for development.

***Some PPP Projects:

1.(Health) Hemodialysis Centre at Chittagong Medical College Hospital.

2.(Health)Hemodialysis Centre at National Institute of Kidney Diseases and Urology
(NIKDU).
3.(Roads) Jatrabari-Sultana Kamal Bridge-Tarabo PPP Road.
4.(Roads) Hemayetpur-Singair-Manikganj PPP Road.
5.(Housing and Works)NHA Housing Satellite Project at Mirpur.
6.(Bridge)Dhaka-Ashulia Elevated Expressway.
7.(Transport)Dhaka-Elevated Expressway.
8.(Bridge)2nd Padma Multipurpose Bridge at Paturia-Goalundo.
9.(Transport)Flyover from Santinagar to Mawa Road via 4th (New) Bridge over
Buriganga River.
10.(Roads)Upgrading of Dhaka Bypass to 4Lane (Madanpur-Bhulta-Joydebpur).
11.(Shipping)3rd Sea Port.
12.(Shipping)2 Jetties at Mongla Port through PPP.
13.(Shipping)Construction of Laldia Bulk Terminal.
14.(Social Welfare) Oboshor: Senior Citizen Health Careand Hospitality Complex.
15.(Tourism)Establishment of 5 Star Standard Beach Hotel along with 18-HoleGolf
Course at Cox's Bazar under Public-Private Partnership.
16.(Roads)Dhaka-Chittagong 4 Lane access Controlled Highway.
17.(Economic Zone)Hi-tech Park at Kaliakoir.

Importance of Good Governance for the Economic

Development of Bangladesh
Good governance is the prerequisite of democracy in any country. In the article#23 titled
“Equality in the Eyes of Law” from the “Peoples Republic Constitution of Bangladesh”,
it is said that: “Every citizen of Bangladesh will be considered equal in the eyes of law
and everyone will get the equal right to depend on law.” This equal implementation of
law is not possible if there is no good governance in our country. The donor organizations
such as the World Bank, OECD, and UNDP etc. present a very crucial definition of
governance: “Governance is a complex system of interactions among structures,
traditions, functions, and processes characterized by three key values – accountability,
transparency and participation.” (Source: USAID) Hence, the defining indicators of good
governance are as follows:

1. Good leadership
2. Moral firmness and anti-corruption
3. Supremacy of constitution and judicial system
4. Proper implementation of the rules of law
5. A neutrally elected parliament
6. Legality of the formation of the government
7. Accountability of the government to the parliament
8. Transparent and accountable administration
9. Decentralization of power
10. Relationship between the government and the opposition
11. Relationship between the government and the public
12. Relationship between Civil administration and military administration
13. Establishment of fundamental rights and human rights
14. Security of lives and properties of the public
15. Freedom of the Press
16. Freedom of speech and politics
17. Freedom of media
18. Participation of the people
19. Farsighted economic and foreign policy
20. Socioeconomic development
21. Development of education and healthcare
22. Environment protection and sustainable development
23. Exploration & utilization of natural resources for economic growth
24. Poverty reduction and human resource development

Sad but true, these indicators are quite absent in the governance of Bangladesh. Due to
the crisis of good leadership, our country became ‘champion’ in corruption consecutively
for five times. The supremacy of constitution was raped by the military government in
1975 and its validity is questioned due to its 15 times amendments. The legality of the
formation of the government is also in question due to annex and omission of the
Caretaker Government in our constitution. There is lack of accountability and
transparency among the politicos and bureaucrats of our country. Moreover, the
relationships between the government and the opposition, the government and the public,
the civil administration and the military administration are really shocking. There is no
proper implementation of the rules of law which violates human rights and terrorizes the
security of lives and properties of the public. There is also lack of freedom of speech,
politics and participation for the common people. What’s more? The rehabilitation of war
criminals, religious fanatism, criminalisation of politics, institutionalisation of corruption
and terrorism and the sway of black money turn us into a country with lax economy. In a
word, we must meet these indicators to ensure social, political and economic
development of Bangladesh.
 Tension at the border
The unfortunate and clearly unwarranted incidents which have been taking place on the
Bangladesh-Myanmar border call for a cool, level-headed approach toward a solution. It
is in neither country's interest to have the situation rise to a point where the Border Guard
Bangladesh and Myanmar's Border Guard Police must face each other in a hostile
posture. The background to the current crisis, no matter how sensitive, does not warrant
such an escalation of tension.
The plain fact is that a BGB soldier had been missing since Wednesday. The Myanmar
border force, having made it known that a body was in its possession since the BGP fired
at a BGB patrol on Wednesday, did not seem to be ready to have the Bangladesh side
check if the body was indeed that of the missing BGB man. One needs to know why the
BGP opened fire when apparently there was no provocation. And there are other border
management mechanisms than resorting to an extreme measure.
Nothing must be done to have the situation worsen. Dhaka has already conveyed its
concerns to Yangon, which now needs to take the measures necessary for a cooling of
tempers. Additionally, a flag meeting between the BGB and BGP becomes important, the
objective being to discuss the various ways and means to employ all possible confidence
building measures to ensure that the situation is not only deescalated but also that such
incidents are not repeated.
Let cool heads prevail. And let diplomacy work out a solution.

Reducing maternal mortality

BANGLADESH has significantly reduced mortality rate from 322 per 100,000
childbirths in 2000 to 170 in 2013. At this rate we may well reach the UN's goal (MDG)
of 145 deaths per 100,000 childbirths by 2015. Even so absolute number of maternal
deaths remains high.
But why should pregnant mothers in their advanced stage suffer and die during delivery
despite the existence of health infrastructure comprising community clinics, health
complexes and hospitals at the union, upazila and district levels? Experts working with
the government, non-government as well as UN agencies at a discussion met on Monday
tried to find answers to this question? The fault lines in the maternity care and
reproductive health service delivery have been many. It goes without saying that those
health facilities are inadequate in terms of skilled manpower as well as materials
including medicine and machinery. More medics, paramedics and birth attendants are
necessary at those facilities. But what about the mentality of the family members of the
childbearing mothers to have the child delivered at home rather than at health clinics or
hospitals under the supervision of doctors? So, the need for increased awareness in
favour availing themselves of the existing facilities among those families can hardly be
overemphasized. That apart, in many cases doctors are not willing to stay at the health
complexes situated in rural areas. These are undoubtedly some of the big obstacles that
have to be removed for reaching the goal of safe motherhood.
 More tax benefits for CSR
The government is mulling over increasing tax incentives to encourage companies to
spend more for social welfare as part of their corporate social responsibility in the
upcoming budget.
Under the scheme, the government may hike tax rebate benefit for CSR spending from
the existing 10 percent to 20 percent in fiscal 2014-15, finance ministry officials said.
The expenditure ceiling for CSR will also be raised to Tk 12 crore from the existing Tk 8
crore a year, the officials added.
The move comes in the face of demands from different quarters including businessmen to
increase incentives to inspire firms to spend for social causes as part of their corporate
responsibility.
The government first extended tax benefits to companies for CSR activities in 2008.
Currently, companies which pay taxes between 27.5 percent and 45 percent on their
annual incomes get tax discount for their CSR activities in over 20 categories.
The categories include donations to: victims of natural disasters, old homes, organisations
working for especially able persons, schools for floating children, residence of slump
dwellers, specialised hospitals for free treatment of poor.
In addition, donations to government-approved educational institutions for establishing
computer labs, public universities, vocational training institutes for migrant workers,
liberation war museums and organisations nationally engaged to preserve the memories
of the Father of the Nation, are also counted as CSR.
Insiders said two new areas—donations to research and disaster management—may be
included in the list of categories eligible for the tax rebate scheme.
Banks have been the biggest spenders on CSR activities so far. In 2012, their CSR
spending stood at Tk 304.67 crore, up 39 percent year-on-year.

The companies have to comply with some rules to get the benefit. The companies must
be tax-compliant and repay loans regularly. The firms will have to regularly pay salaries
to employees, and if the entity is engaged in industrial production it must have waste
treatment plant.
The eligible firms will have to obtain tax rebate certificates from the National Board of
Revenue by submitting their CSR-related work plans.
 Microcredit : Pioneer of Development
Introduction : Money begets money. Adam Smith in his famous book Wealth of Nations
said, 'When you have got a little, it is often easy to get more. The great difficult thing is to get
that little.1 Microcredit is a small size of loan that is given to the poor for self employment.
Microcredit through institutional arrangement is a recent innovation for poverty reduction
among the poor. Today, Bangladesh is called the Sand of Microcredit revolution. The
Microcredit revolution started among rural women in 1970s. The revolution had its root in
the recognition that poor people needed credit and more importantly they could use credit
more efficiently and responsibly.

Definition of Microcredit : Conceptually, microcredit can be described as collateral free

small loan offered to the poor to create small employment in income generating activities
based on group Sending methodology.
Microcredit can broadly be defined as a programme that provide credit for
self-employment and other financial and business services including savings and technical
assistance to the poor people.

Definition of Microfinance : Microfinance is a combination of savings, loans, investment

opportunities, insurance options and other financial services. Poverty, women's
empowerment, nutrition, health, family planning, education, reusing, self-reliance,
susiainability all are addressed by microfinance.

Features of Microcredit : In the microcredit system, service providers go to the door steps
of the poor based on the principle that the people should not go to the bank rather T.an bank
should go to the people. The other important features of mcrocredit are.
- Microcredit is given with minimum paperwork.
- Workers have to make regular visits to the borrower's premises to offer advises and
supervision.
- Small size of loan.
- It is collateral free.
- Recovery rate is above 90 percent.
- All loans to be paid back in installments on weekly or bi-weekly basis.

Microcredit and Government Initiatives : The Government of Bangladesh j is involved in

Microcredit in two ways :

a. Funding to the NGOS : The PKSF (Palli Karma Sahayak Foundation) IS an apex public
organization providing credit and institutional services lo NGOs. Government set up PKSF
in 1990. Since then PKSF has not Icon about US$ 252 to 250 NGOs covering more than 3.8
million borrowers, As the biggest microcredit funding organization in the world PKSF
standards, guidelines and modalities are being studied by different countries in order to
develop their microcredit sectors.

b. Delivering Microcredits : At present, thirteen ministries and division of the Government

of Bangladesh and their attached departments have been
 distributing Microcredit. Government departments and organigations havo so far disbursed
approximately Tk. 15,000 million to 10 million pour people through microcredit.

Microcredit and Poverty Alleviation : The main objective of microcredit IN to create

income poor households and thereby alleviate poverty. Microcredit leads to improvement in
income and the increase in income -lift the poor above the poverty line.

The former secretary general of UN Kofi Anan opines that eradicating poverty is perhaps
the greatest global challenge. Out of 6 billion population in the world 2.8 billion live on less
than two dollars income a day. Of the 1 billion people 50 million live in Asia and 30 million
in Africa. Microcredit programs in these regions show that microcredit is a strong poverty
alleviating weapon. More than 64 million of the worlds poorest people have taken part in the
past seven years in microfinance projects with the purpose of' coming out of the vicious
circle of poverty.

Microcredit and Women Empowerment: Microcredit plays a significant positive role in

empowering rural women. Through their involvement in microcredit, many women have
become leaders, instigating change in social practices and relationships and mobilizing social
action. Women's status, both in their homes and communities is improved when they are
responsible for loans and for managing savings. When they generate and control their own
income, women gain a level of power that means they can make decisions independently and
command more respect. Poor women have the best credit ratings. In Bangladesh, for example
women default on loans less often than man and credit extended to women has a much
greater impact on household consumption and quality of life for children. The direct effect of
microcredit programs on womens position in the community has been through the expansion
of women's mobility in the public spheres like bank, thana headquarters, hospitals etc.

High Interest Rate- A Dilemma : It is alleged that Microcredit distributors of are charging
high interest rate on credit. As a result, borrowers are becoming poorer. The critics say that
NGO credit is much costlier for a poor borrower than that of a commercial bank. But the
microcredit providers say that the existing
Interest rate is rational. Let us focus on the both sides of this controversial issue.

A. Interest Rate is not high at all:

15% flat interest rate on NGO credit is necessary for its long term sustauiabuity. NGOs bring
services to the doorsteps of (he borrowers which reduces to mowers transportation costs and
time.
An NGO credit programme can never be sustainable if it fails to cover the ftillrusls of its
operation, particularly the following: * Staff salary costs * Annual costs of funds *Annual
costs of bad debt* and cost of inflation
We cannot deny the positive impact of intensive supervision and monitoring 0f NGOs
operated credit on the household incomes of poor borrowers. Cost of supervision and
monitoring make the present interest rate rational.
Microcredit is not charity. The interest rates must match the cost of microlenders. Qtherwise,
these bodies would cease to exist. So let the market determine the rate.
Interest rate on Microcredit is really high : NGOs are charging high rate of interest
on microcredit. They are doing business in the name of poverty ltilion. According lo a study,
the microcredit system charges interest as high as 30% to 40%. In this situation, credit
receivers take the opportunity of taking fresh loans from which they give the installments.
The reality is that microcredit prepetuate poverty of the borrowers. Incidentally the people
who administer programs are better off and have turned even rich.
Other Criticism:
The pros and cons of Microcredit system, its efficacy are a matter of debate.
THE COST of microcredit is very high. Microcredit operations can be labeled Kabuliwalah's
business.
- Microcredit has serious procedural problems and do more harms than good. "- There is no
good governance and transparency in the microcredit providing orgonisations.
- The weekly recovery system creates pressure on the borrowers.
- There is no legal framework to control and oversea the operation of the microcredit
providing organisation. As a result, many unauthorised NGOs are cheating the poor people.
- Many unregistered local NGOs are doing business in the name of microcredit and poverty
alleviation.

Recommended Policies : Microcredit system has some procedural and functioiml problems.
Some recommendations have been placed to overcome these problems.
- Micmcredit practitioners should concentrate on reducing poverty rather than using it as
business.
- They should cut interest rate on credit. In doing this they should reduce operational costs.
- The size of loans should be enlarged so that the poor people can come out from the poverty
cycle.
- Microcredit banks under Government initiatives can be established in nird areas to
streamline microfinancing.
- Every financial institutions needs supervision and monitoring. A regulatory commission
should be set up to oversea the functioning of microcredit program:,
- Good governance and transparency are crucial factors that should In ensured in the
microcredit operation.
- In Bangladesh, most of the people are Muslims. We can see the Island economic system and
Islamic banking system in Islam. So microcredit system should be in line with the principles
of the ideals of Islam.

Conclusion : In spite of some limitations, microcredit has been accepted us. effective too! for
poverty alleviation and as approach to development. It in | matter of pride that Bangladesh is
a global centre of excellence in microcredit and home to many successful microfinance
providing institutions. Madam Mbeki, the first lady of South Africa has rightly termed
Bangladesh as the 'University Microfinance. The poverty of the world can be rooted out
through effect] microcredit program that originated in a poor country tike Bangladesh.
 Green Banking
Different stakeholders can minimize the degradation of environment by "green practice."
In Bangladesh, as one of the key stakeholders, banks can play a vital role in development
and response to the environment through "Green Banking" practice.

Green banking considers social factors with environmental aspects. It has already started
working well in the developed countries. Fundamentally, green banking keeps away from
as much paper work as possible and relies on electronic transactions for processing.
Green banks adopt and implement environmental standards for lending. The interest of
loan of green banks is comparatively less with those from normal banks.

Natural resources conservation is an underlying principle in here in assessing capital and

operating loans to extracting and industrial business sector. In other words, green banking
refers to the attempt of the banking sector to consider social, ecological and
environmental factors with an aim to protect the environment.

In Bangladesh Bank's Recent Reform Initiatives, it has been written that green banking
products are those that help create a favourable impact on environment. From green
banking operations four key stakeholders namely customers, management, employees
and shareholders can be benefited.

The banking sector can play a significant role in protecting the environment by financing
support to high impact environmentally sensitive sectors. As part of the Rio+20 Summit,
Bangladesh and Vietnam jointly organised a side event on June 19, 2012, in Rio de
Janeiro, Brazil to discuss how to ensure green development in the backdrop of rapidly
changing climate. In this summit the Governor of the Bangladesh Bank Dr. Atiur
Rahman drew a presentation on green banking informing his audience on the
development of green banking in Bangladesh. He pointed out that banks have entered the
2nd phase of green banking policy guideline.

According to their reports, as of May 2012, 40 banks have formed Green Banking Units,
29 banks have introduced Green Office Guides, Environmental Risk Rating has been
done for 4,394 projects; 4,315 rated projects have been financed, Tk.271.0 billion has
been disbursed for rated projects, 171 branches have been powered by solar energy and
2,567 branches have been facilitated with online coverage.

On February 27, 2011, Banking Regulation and Policy Department of the Bangladesh
Bank issued a circular to all scheduled banks to take necessary steps towards initiating
and implementation of green banking in each bank. The entire implementation process is
divided into three years sessions as Phase 1 contains policy formulation, incorporation of
environment, initiating in-house environmental management, introducing green finance,
creation of climate risk fund, introducing green marketing, on-line banking, supporting
employees training, consumer awareness and green event, and reporting green banking
practice.
Phase 2 involves sector-specific environmental policies, green strategic planning, setting
up green branches; improve in-house environment management, formulation of bank
specific environmental risk management plan and guidelines, rigorous programs to
educate clients and disclosure and reporting of green banking activities.

All these must be implemented within the end of December.

In Phase 3, whose deadline is on December 31, 2013, banks will accomplish Designing
and Introducing Innovative Products and Reporting in Standard Format with External
Verification.

Banks that comply with green banking practice will have the several preferential
treatments like points will be awarded by the Bangladesh Bank to banks on management
component while computing CAMELS rating, where there will ultimately be a positive
impact on overall rating of a bank.

Top ten names of banks will be declared by the Bangladesh Bank for their overall
performance in green banking activities in the BB websites and the Bangladesh Bank will
enthusiastically consider green banking activities of a bank while granting permission for
opening new branch of bank. In such banking, green financial products and services are
categorised as Retail Banking, Corporate and Investment Banking and Asset
Management.

Retail banking will include green mortgage, home equity loans, green commercial
building loans, green car loans and green cards. Under corporate and investment banking
banks can offer green project finance, green securitisation, green venture capital and
private equity, Green Indices and Carbon Commodities and finally banks can deal with
green fiscal funds, green investment fund and carbon fund under asset management.

To minimise the environmental degradation, green banking can contribute significantly

with other environment-concerned organisations since it can protect the environment and
conserve the resources.

This idea is in the nascent-stage through the world. In Bangladesh, this concept starts its
journey through circulation of policy guidelines by the Bangladesh Bank. At present,
green banking practice exists in the second phase after ending of the first phase keeping
in mind that the third phase of policy guidelines will be implemented within December
2013.

Banks should set environmental standards for lending and disburse loans to
environmental project at a lower interest rate compared to traditional banks.

To implement green banking in Bangladesh, scheduled banks must follow the policy
guideline issued by the Bangladesh Bank. Specific deadline should be followed
mentioned in the policy guidelines for effective implementation of green banking.
Deadline of Phase I has been executed.
As part of the green banking strategies, banks in Bangladesh should come forward to take
the initiative for a number of social responsibility services like tree plantation campaign,
park development, pollution check up camps and so on.

Bangladesh - Myanmar border crisis

The situation has many different facets to it- there are both problems and opportunities
that arise from sharing border with Myanmar. At the moment, we are having to deal with
the problems. There have been such instances in the past as well. I feel that it is
imperative now that we make Bangladesh's presence felt along the border. In the past we
have relied on diplomacy, as we should, in the face of extreme provocation from
Myanmar for the sake of keeping the peace. This might have led them to take our
presence along the border for granted. The time is now to evaluate a strategy with respect
to Myanmar on our handling of the border and to develop an appropriate response to
deter such unprovoked action should they continue to behave in the way that they have
recently. For this, the onus is very much on the government of Bangladesh to develop a
strategy that takes recent situation into consideration. We cannot keep brushing issues
under the carpet thinking only of the opportunities. The border problems need to be dealt
with our eastern neighbour through discussion.
Having said so, I admit that this is a complex situation. We, as a country, are peace
loving and do not embark upon open hostilities with others. And from our side we can
only go so far but that will have to be reciprocated if such situations are to be avoided in
the future.
And while we make all that is necessary diplomatically to resolve the issue we have to
take the necessary steps to defend our territory. Looking at it diplomatically, there
appears very little hope of resolving the issue with Myanmar as they have been reluctant
to do so in the past as well. Given our relationship with the likes of Indonesia, Singapore
and Malaysia I do not think it is good enough to put pressure on Myanmar through
international quarters. I am also doubtful of the amount of support we will receive
regarding this issue from the two big bordering states India and China. We have
consistently been trying to be diplomatic, and rightly so. But I do not know how
confident the current government is of resolving the situation diplomatically but I have
not seen anything that makes me optimistic about it.
 Amended Information Technology and
Communication Act
The Information Technology & Communication Act, 2006 has been amended by an
Ordinance on 20 August 2013, and subsequently passed as law on 9 October 2013 by the
Parliament. With a few significant changes, the Act of 2006 remains unchanged with all
its discrepancies. Therefore, the understanding of the original Act of 2006 is necessary to
understand the subsequent changes.
The original Act of 2006 had both regulatory as well as penal provisions but the
procedure to be followed is the Code of Criminal Procedure Sec 70(1). Despite endorsing
CrPC the Act lacked in many procedural aspects, such as Section 76(2) of the Act made
all the penal sections to be non-cognizable which implied that the police or any other
authorised person could not arrest a person without the permission of a Magistrate. The
section further stated that the police could not lodge any case for a non-cognizable
offence.
The regular procedure for dealing with a non-cognizable offence has been laid down in
Section 155(2) of CrPC, which states that no police officer can investigate any non-
cognizable offence without prior permission of the Magistrate. Section 44 of the Police
Act, 1861 and Regulation 377 of the Police Regulation of Bengal, 1943 endorses similar
provisions as well. But in most of the recent cases, police have arrested the accused
person(s) under section 54 of the CrPC and subsequently implicated under section 57(2)
of the Act. Moreover, where there is an allegation of non-cognizable offence, the
procedure of lodging complaint is through filing a Petition of Complaint before the
Magistrate. The cases under the ICT Act should have followed the said procedure where
it clearly states that the offences are non-cognizable. However, we have not seen a single
instance of following the correct procedure in the past.
The amendment of 2013 vide section 76(1)(Kha) made Sections 54, 56, 67 and 61
cognizable and non-bailable and Sections 55, 58, 59, 60, 62, 63, 64 and 65 as non-
cognizable and bailable. This has made significant changes in the initiation of
proceedings and who can decide which falls under the purview of the penal sections
under the Act. This essentially raises the question whether the police have the required
educational and technical expertise to consider a comment posted on the internet or a
logical explanation posted in a blog to be offensive and derogatory as described loosely
by the Section 57 of the Act? The usual recruitment process of the police inspectors
clearly shows otherwise. This major change gives unfettered power to the police and this
will give them a free-hand to interfere in private-personal life of the citizens more
frequently, one step ahead of creating controlled society. Where other democratic
countries are trying to reduce police interference in private life to ensure the fundamental
rights, this new police empowerment will definitely obstruct that effort.
The provisions of Section 29 of the ICT Act, which remained unchanged, states that the
Controller or any officer authorized by him in this behalf shall take up for investigation
of any contravention of the provisions of this Act, rules or regulations made there under.
Section 28 of the same Act further empowers the Controller to delegate his power in
writing to the Deputy Controller, Assistant Controller or any other officer to exercise any
of the powers of the Controller. The police are not in the list of those who may exercise
the power of the Controller. It may be noted that Section 76(1)(Kha) makes certain penal
provisions cognizable but the sections 28 and 29 remains the same without including
police as an authorised office who could exercise the power of the Controller. Thus in
almost all the recent cases, the police have exceeded their jurisdictions in undertaking the
investigation. This contradictory provision has made the Act more complex and
unworkable.
Furthermore, section 69(6) of the Act empowers the Police or any other authorised
person, by the order of the tribunal or on its own initiative may reinvestigate the case.
This is a clear violation of the express provisions of the CrPC. No criminal cases are
allowed to be reinvestigated. Police may conduct further investigation by the order of the
court and definitely not on own initiative. This clearly undermines the usual legal process
and sets up contradictory standards.
Most of the cases until now were filed under Section 57 of the Act. There are a few other
cases of computer system hacking and publishing obscene materials on the internet
coupled with the Pornography Act. This frequent use of Section 57 raised concern among
the writers, journalists, bloggers and human rights activists as it directly interferes with
the freedom of expression and right to privacy as guaranteed by Articles 39 and 43.
Section 57(1) of the Act very loosely defines the offence which reads as follows:
“If any person deliberately publishes or transmits or causes to be published or transmitted
in the website or in any other electronic form any material which is false and obscene and
if anyone sees, hears or reads it having regard to all relevant circumstances, its effect is
such as to influence the reader to become dishonest or corrupt, or causes to deteriorate or
creates possibility to deteriorate law and order, prejudice the image of the State or person
or causes to hurt or may hurt religious belief or instigate against any person or
organization, then this activity will be regarded as an offence.”
Section 57(2) of the Act contains the punishment for committing offence under sub-
section 1 of section 57 as imprisonment for 14 years or fine for an amount of TK.1.00
crore or both. The 2013 amendment has increased the term of imprisonment from 10 to
14 years.
If we consider Section 57(1) on its own, then we see that the section failed to state
specific offences: such as, it does not say the age group who will see, hear or read the
material. The level of understanding may not be the same of a minor compared to an
adult. Moreover, after the recent changes, the most likely person to see, hear or read is the
police officer. As discussed earlier, the police with his educational background might not
be able to form logical explanation of what he sees, hears or reads on the internet.
The section also denotes the possibility of being dishonest or corrupt after reading the
content published in the internet. Now this is a basic question of morale. It varies from
person to person. By seeing, hearing or reading any content in the internet one might not
react or take it as seriously to become dishonest or corrupt and on the flip side another
person might think as the section states. This makes the section uncertain and leaves it on
the intellect of the reader
The section further includes the scope of damaging the image of person and the State. But
the nowhere in the Act, has the image of the State defined and how the image of a person
would be determined. Depending on the social status, image might vary from person to
person. Moreover, how the image of a person and the State comes on the same footing?
Section 505 and 505A of the Penal Code covers the offence of defamation and the
punishment under the aforesaid sections is only 2 years or fine or both. But Section 3 of
the ICT Act states that the provisions of ICT Act shall prevail over any other laws. Now
that the section 57(2) provides for 14 years of imprisonment with TK. 1.00 crore fine
then who on earth would file a case under the Penal Code?
The section further goes on to include the possibility of hurting or cause to hurt the
religious belief or instigate against any person or organisation. Again the section,
surprisingly, failed to define what would amount to hurting one's religious belief and why
would instigation against any person and organisation be embodied in one single section?
The concept of religious belief is age-old and there are non-believers too. The
Constitution of the country ensures the right of choosing the religious belief. This
definitely includes the choice not to believe in any religious belief and remain free. This
interpretation has always been problematic. Due to socio-political pressure, the liberal
interpretation did not get its way far enough. Therefore there is always scope to victimise
someone who doesn't conform to any religious belief. The other State laws don't also give
any space for the non-believers.
Moreover, Section 205 of the Penal Code defines provision for punishment for publishing
any material either in the form of a book or leaflet hurting one's religious belief then he
will be imprisoned for 2 years. If the same is published in the internet then it will be 14
years imprisonment with TK. 1.00 Crore fine. The section fails to address the issue of
publishing a false or obscene material by impersonation to victimise another person.
Anyone can get a fake ID in the Facebook and can post false and obscene materials
pretending to be another person. In that case the credentials supplied to open the account
will direct the investigating officer to the person it was opened for and there is no way to
find out actually who opened the account.
Section 57 stresses upon defaming any person. This is also defined by the Penal Code of
Bangladesh where the punishment is only 2 years. But the ICT Act, 2013 provides for 14
years of imprisonment or fine of TK. 1.00 crore or with both. In that case, if someone
publishes any materials (other than in the internet) defaming any person, then he will still
be charged with the provisions of the Penal Code and if someone does the same in the
internet, say in his blog or Facebook account the he will be charged under section 57 and
the punishment will be 10 times higher than the Penal Code. There is no explanation why
this discrimination for the same offence.
The section further states the possibility of causing deterioration of the law and order due
to publication of any false and obscene material in the internet. This is completely a new
concept that the law and order situation might deteriorate due to postings in the any
internet. The number of internet users has not reached so high to consider it a threat
which might cause the law and order in the country to deteriorate. Again, after the
amendment, Police will decide whether a particular post in the internet will worsen the
law and order situation or not. If a police officer in the rank of Sub-Inspector is left to
decide a comment or argument posted in the internet by a university graduate or a
renowned teacher of a university, then the future of our freedom of expression is really at
stake.
The Act unnecessarily imposed extreme punishment provision without any legal basis.
The bail provision makes the Act monstrous and it will influence people to use it more
frequently than other regular legal provisions when it comes to taking revenge or
victimizing a person. As Section 57 is not specific and covers a wide area of offences,
there will be little chance to get acquittal from any charge.
In India, Section 66(A) of the ICT Act had similar provision of empowering the police to
take cognizance of an offence but later it was modified. Now, if it is in a city then the
Inspector General of Police and in case of village, the Deputy Commissioner has been
given authority to take cognizance. Where other democratic states are decreasing police
power, we are increasing it in the name of control.
The arbitrary exercise of police power will not only impose self-censorship but also
jeopardise the whole idea of establishing a democratic state. Misuse of technology has
been expanded to its optimum level and then arise the need of strict statutory laws to
regulate the criminal activities in the cyber world and to protect technological
advancement. But first of all, we need to know what those offences are that need to be
controlled or regulated. The most common cyber offences in other countries which might
creep in gradually in our country have not yet been addressed by this ICT Act. It remains
a tool for oppression and it is anticipated that the next government will not modify or
repeal the Act, as it gives the perfect tool for oppression.

A year of stunted labour and remittance

flow
Labour migration is one of three important sectors that are contributing immensely
towards achieving the dream of Bangladesh to transform itself into a middle income
country -- readymade garments and the services are the other two.
Both male and female migrant workers contribute to the economy of Bangladesh by
sending remittances. They also bring back new knowledge, skills and technology. Recent
studies have shown that left behind members of migrant families and the return migrants
contribute more compared to non-migrant families in modernizing agriculture by using
mechanized equipment, high quality seeds, insecticide and ensuring adequate irrigation.
Migrant families are also contributing in creating the new trend of rejuvenation of rural
economies through cash crop production, fisheries, poultry etc. Through their improved
purchasing power they directly influence the rural market places.
Besides, over the last nine years Bangladesh could maintain the status of a country with
surplus balance of payment due to constant flow of remittances. Net foreign exchange
earning through migration is 3.3 times higher compared to that from the RBG and 7 times
more than the foreign aid received by the country. Migration is indeed the golden deer of
Bangladesh. This piece makes an assessment of the achievements and concerns in the
area of migration in 2013.
Since 2000, in the face of demands from civil society organizations, successive
governments of Bangladesh have taken measures to better govern the sector. Reform of
2006 Overseas Employment Policy, enactment of 2013 Foreign Employment and
Migrant Welfare Act, decentralized system of online registration of workers are some of
the important steps taken by the government in 2013. However, 2013 is particularly a
year of concern for those who monitor trend of labour migration from Bangladesh. This
year the flow of labour migration has reduced significantly. However, an upward trend of
migration from other sending countries to concerned destinations where Bangladesh sent
workers continued.
In 2012, 607798 workers went abroad for employment. In 2013 up to 22 December only
373409 workers have gone abroad. Compared to the previous year it is more than 30
percent less, and the flow is nearly one third compared to 2008. Last year Bangladesh
also has been unsuccessful in reentering its traditional largest market-Saudi Arabia. In
September 2012, UAE imposed restriction on migration on Bangladeshis. Hardly any
success was experienced in withdrawing those restrictions except in case of unskilled
women workers.
With a genuine objective of reducing high cost of migration the government of
Bangladesh pursued recruitment of workers through government to government
arrangement with Malaysia. There was a great expectation that over the next few years
four to five lakh workers would migrate to Malaysia under the new arrangement.
Unfortunately, under the G2G system, over the last one and half years, government could
send about 1000 workers only, whereas migration to Malaysia from Myanmar and Nepal
accelerated in a major way. This year Oman is the largest migrant receiving country of
Bangladesh, followed by Singapore and Qatar. A close scrutiny of the destination
countries of 2013 shows that a section of migrants have gone to countries such as Iraq,
Libya and Sudan that are not politically stable. This year female migration increased
significantly. 13.74 per cent of those who went abroad are women.
Another major issue of concern of migration trend is reduction in migration of skilled
workers. In 2010, 40 percent of those who migrated were skilled workers. In 2011 and
2012 the figure came down to 40.34 and 34 percent respectively. This year it slid further
to 20.08 percent of total workers. Almost all the labour sending countries who took part
in short term contract labour market made conscious decision to reduce migration of
unskilled workers as exploitation and violation of rights are higher in the unskilled labour
market. Although the overseas employment policy of Bangladesh targeted promotion of
skilled migration as one of its major objectives, one witnesses hardly any action plan to
achieve that.
Irregular migration from Bangladesh continued to be a major concern. Migration from
Teknaf to Malaysia through sea, migration attempts to Europe through Iran, Libya,
Morocco and Tunisia have hit news headlines many a time in 2013. Migrants are taking
high risk when they take part in irregular migration. Cheating, fraud, extortion and death
are the outcomes that were reported. A large number of Bangladeshi workers were
deported from Saudi Arabia and Malaysia this year. Many of them are in jail and
detention camps of receiving countries. The group which sends irregular migrants
through sea to Malaysia has been identified by the media but the government has not
taken any action against such illegal recruiters.
Working conditions of male and female migrants in destination countries are major areas
of concern for RMMRU and other national and international human rights organizations.
Of course, working conditions of some of the companies in the receiving countries are
quite good, yet low wage, non-payment of wage, contract substitution, unregulated
working hours, risky work environment, unhygienic living condition, insecure
movement, particularly of women garments workers, and absence of collective
bargaining system characterize majority of the employers in the Middle East and a
section of the Southeast Asian countries. Bangladesh, like most other origin countries,
did not deal with these issues effectively in 2013 out of fear of losing the market. In
recent times, different regional migrant and human rights forums have taken up these
issues seriously. The concerned government bodies of different ministries of Bangladesh
still work under the bureaucratic compulsion of avoiding these organizations rather than
providing them with information on violation of rights of migrants.
Nonetheless, there are some issues which are directly linked with embassy services.
Migrants are not receiving due care in those areas as well. A scrutiny of complaints
placed by the migrants in 2013 (RMMRU 2013-2014) show that 80% of them are about
timeframe required for renewal of passport, issuance of MRP passport, migrant--
unfriendly locations of embassies, lack of availability of drinking water, waiting areas,
toilet facilities in the embassies and unnecessary repeat visits. In general, labour attaches
are blamed for such impersonal services of the embassies. However, all the above
services belong to the jurisdiction of Ministry of Foreign Affairs. Institutional interest of
Ministry of Foreign Affairs does not allow coordination and partnership among foreign
ministry officials and labour attaches in the area of MRP and other above issues. This
ultimately results in migrants not receiving basic services from the embassy in an
efficient manner. The labour attaches can only work in the areas of workers' dispute,
death, repatriation, identification of Bangladeshi citizens in jail etc.
Cumulative effect of reduction in the number of migrants has already become visible in
remittance figure. After decades of significant growth of remittance receipts, 2013 saw a
significant decline. In 2012, US$14.163 billion was transferred to Bangladesh by its
migrant work force. Up to November 2013, Bangladesh received US$12.621 billion as
remittance. This is ten percent lower than last year's flow. The effect of negative growth
of remittance will be witnessed in both macro and micro economic areas. If the trend
continues then it will have a major impact on maintenance of current account surplus, and
payment of import bills. Food intake, nutrition, hygiene, education, elderly care--all will
be affected in the migrant families. Reduced purchasing capacity of migrant families will
affect the local market. Community service and philanthropy towards poor relatives and
villagers will also be reduced.
It is not very difficult to locate the causes that are affecting migration and remittance flow
from Bangladesh negatively. One of the obvious reasons is the lack of incorporation of
migration in a significant way in the ten year long term perspective plan of Bangladesh
and failure of 6th five year plan to identify migration as one of the thrust sectors of
Bangladesh and allocate resources accordingly. Lack of partnership among Foreign
Ministry and Ministry of Expatriate Welfare and Overseas Employment (MEWOE) is an
important hindrance in exploring labour market, consolidating services to labour migrants
in the destination countries and fruitful participation in different global migration forums.
Migration governance is a complex phenomenon. It is of great importance to retain
functionaries who have attained great knowledge in governing migration over a long
period of time. The MEWOE has shown little success in retaining capable government
functionaries in its line agency Bureau of Manpower, Employment and Training.
The obvious tension between the association of recruiting agencies and MEWOE has
thrown the greatest challenge to migration governance in Bangladesh. It is imperative
that the government ensures accountability of recruiting agencies in processing
recruitment. The majority of stakeholders supported government initiatives of G2G with
the aim of reducing cost of migration. Nonetheless, G2G experience of Malaysia has
demonstrated that government mechanisms have limitations in pursuing job contracts
with employers. It is time for government to rethink and bring in necessary changes in its
policy.
In a broader context, for steady development in every economic and social sphere, a
country requires political stability. It is the bad luck of the migrants and the nation as a
whole that the government and parties in opposition create a new constitutional crisis
during each regime that retards the achievements of common people. The migration
sector is no exception. While thinking of efficient governance of migration sector in
2014, one has to demand accountability of government and opposition political parties
and immediate resolution of unnecessary political crisis.