Genocide: The Genocide in Bangladesh
Genocide: The Genocide in Bangladesh
Genocide is foremost an international crime for which individuals, no matter how high in
authority, may be indicted, tried, and punished by the International Criminal Court (ICC).
According to Article 6 of the ICC Statute, This crime involves, "any of the following acts
committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious
group, as such:
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical
destruction in whole or in part;
Women Repression
The generally accepted figure for the mass rapes during the nine-month long conflict is between
200,000 and 400,000.[114][8][115][116] During the war, a fatwa in Pakistan declared that the Bengali
'freedom fighters' were Hindus and that their women could be taken as the 'booty of war'.
[117]
Imams and Muslim religious leaders publicly declared that the Bengali women were
'gonimoter maal' (war booty) and thus they openly supported the rape of Bengali women by the
Pakistani Army.[13] Numerous women were tortured, raped and killed during the war.
[118]
Bangladeshi sources cite a figure of 200,000 women raped, giving birth to thousands of war-
babies. The soldiers of the Pakistan Army and razakars also kept Bengali women as sex-slaves
inside the Pakistani Army's camps, and many became pregnant.[8][119] The perpetrators also
included Mukti Bahini and the Indian Army, which targeted noncombatants and committed
rapes, as well as other crimes.[15]
Among other sources, Susan Brownmiller refers to an estimated number of over 400,000.
Pakistani sources claim the number is much lower, though having not completely denied rape
incidents.[120][121][122] Brownmiller quotes:[123]
Khadiga, thirteen years old, was interviewed by a photojournalist in Dacca. She was walking to
school with four other girls when they were kidnapped by a gang of Pakistani soldiers. All five
were put in a military brothel in Mohammadpur and held captive for six months until the end of
the war.
Constitution
The legal basis of the Bangladeshi provisional government was provided by the proclamation of
independence issued on 10 April 1971, which served as the interim constitution of Bangladesh
until 1972. It declared that Pakistan failed to convene its elected representatives for framing a
new constitution on 3 March 1971; and instead launched an "unjust and treacherous war", a
reference to the 1971 Bangladesh genocide.[2] As a result, Sheikh Mujibur Rahman, described as
the undisputed leader of the 75 million people of East Pakistan, fulfilled aspirations for self-
determination by declaring Bangladesh's independence on 26 March 1971.
The proclamation declared Bangladesh as a People's Republic with equality, human
dignity and social justice as its fundamental principles.[2]
Cabinet
Army Chief of Staff Lieutenant General Hussain Muhammad Ershadassumed power in a bloodless coup on 24 March 1982,
citing the "grave political, economic, and societal crisis" that the nation was in. This move was not unanticipated, as Ershad had
previously expressed distaste with the ageing Sattar (who was past his 75th birthday) and his handling of national affairs, in
addition to his refusal to allow the army more participation in politics. Like his predecessors, Ershad suspended the constitution
and—citing pervasive corruption, ineffectual government, and economic mismanagement—declared martial law. Among his first
actions were to privatise the largely state-owned economy (up to 70% of industry was in public ownership) and encourage private
investment in heavy industries along with light manufacturing, raw materials, and newspapers. Foreign companies were invited
to invest in Bangladeshi industry as well, and stiff protectionist measures were put in place to safeguard manufacturing. All
political parties and trade unions were banned for the time being, with the death penalty to be administered for corruption and
political agitation. Ershad's takeover was generally viewed as a positive development, as Bangladesh was in a state of serious
economic difficulty. Two weeks before the coup in March, Prime Minister Shah Azizur Rahman announced that the country was
facing significant food shortages. The government also faced a severe budget deficit to the tune of 4 billion takas, and
the IMF declared that it would not provide any more loans until Bangladesh paid down some of its existing debts. The following
year, Ershad assumed the presidency, retaining his positions as army chief and CMLA. During most of 1984, Ershad sought the
opposition parties' participation in local elections under martial law. The opposition's refusal to participate, however, forced
Ershad to abandon these plans. Ershad sought public support for his regime in a national referendum on his leadership in March
1985. He won overwhelmingly, although turnout was small. Two months later, Ershad held elections for local council chairmen.
Pro-government candidates won a majority of the posts, setting in motion the President's ambitious decentralisation program.
Political life was further liberalised in early 1986, and additional political rights, including the right to hold large public rallies,
were restored. At the same time, the Jatiya (National) Party, designed as Ershad's political vehicle for the transition from martial
law, was established.[20]
Despite a boycott by the BNP, led by President Zia's widow, Begum Khaleda Zia, parliamentary elections were held on schedule
in May 1986. The Jatiya Party won a modest majority of the 300 elected seats in the National Assembly. The participation of the
Awami League—led by the late President Mujib's daughter, Sheikh Hasina Wajed—lent the elections some credibility, despite
widespread charges of voting irregularities.[20]
Ershad resigned as Army Chief of Staff and retired from military service in preparation for the presidential elections, scheduled
for October. Protesting that martial law was still in effect, both the BNP and the AL refused to put up opposing candidates.
Ershad easily outdistanced the remaining candidates, taking 84% of the vote. Although Ershad's government claimed a turnout of
more than 50%, opposition leaders, and much of the foreign press, estimated a far lower percentage and alleged voting
irregularities.
Ershad continued his stated commitment to lift martial law. In November 1986, his government mustered the necessary two-
thirds majority in the National Assembly to amend the constitution and confirm the previous actions of the martial law regime.
The President then lifted martial law, and the opposition parties took their elected seats in the National Assembly. [20]
Bangladeshi pro-democracy activist Noor Hossain photographed by Dinu Alam before he was killed, protesting the autocratic rule of Hussain Muhammad
Ershad.
In July 1987, however, after the government hastily pushed through a controversial legislative bill to include military
representation on local administrative councils, the opposition walked out of Parliament. Passage of the bill helped spark an
opposition movement that quickly gathered momentum, uniting Bangladesh's opposition parties for the first time. The
government began to arrest scores of opposition activists under the country's Special Powers Act of 1974. Despite these arrests,
opposition parties continued to organise protest marches and nationwide strikes. After declaring a state of emergency, Ershad
dissolved Parliament and scheduled fresh elections for March 1988.[20]
All major opposition parties refused government overtures to participate in these polls, maintaining that the government was
incapable of holding free and fair elections. Despite the opposition boycott, the government proceeded. The ruling Jatiya
Partywon 251 of the 300 seats. The Parliament, while still regarded by the opposition as an illegitimate body, held its sessions as
scheduled, and passed numerous bills, including, in June 1988, a controversial constitutional amendment making Islam
Bangladesh's state religion and provision for setting up High Court benches in major cities outside of Dhaka. While Islam
remains the state religion, the provision for decentralising the High Court division has been struck down by the Supreme Court. [20]
By 1989, the domestic political situation in the country seemed to have quieted. The local council elections were generally
considered by international observers to have been less violent and more free and fair than previous elections. However,
opposition to Ershad's rule began to regain momentum, escalating by the end of 1990 in frequent general strikes, increased
campus protests, public rallies, and a general disintegration of law and order. [20] Following the 1990 Mass Uprising in Bangladesh,
HM Ershad resigned on 6 December 1990 ending his military dictatorship.
1990s[edit]
Transition to democracy
A wide umbrella of political parties united against Ershad. Ziaur Rahman's widow, Khaleda Zia, led the Bangladesh Nationalist
Party, which allied with the Bangladesh Awami League, led by Sheikh Mujibur Rahman's daughter Sheikh Hasina. Jamaat-e-
Islami Bangladesh and other Islamic parties and alliances joined the opposition ranks. They called for strikes and protests that
paralysed the state and its economy. Although the parliament was dissolved, fresh elections were boycotted by the opposition,
including Awami League and Jamaat. Students launched an intensifying opposition campaign, which ultimately forced Ershad to
step down. On 6 December 1990, Ershad offered his resignation. [21] On 27 February 1991, after two months of widespread civil
unrest, an interim government headed by Acting President Chief Justice Shahabuddin Ahmed oversaw what most observers
believed to be the nation's most free and fair elections to that date.[20]
The centre-right Bangladesh Nationalist Party won a plurality of seats and formed a government with support from the Islamic
party Jamaat-I-Islami, with Khaleda Zia, widow of Ziaur Rahman, obtaining the post of prime minister. Only four parties had
more than 10 members elected to the 1991 Parliament: The BNP, led by Prime Minister Begum Khaleda Zia; the AL, led by
Sheikh Hasina; the Jamaat-I-Islami (JI), led by Ghulam Azam; and the Jatiya Party (JP), led by acting chairman Mizanur Rahman
Choudhury while its founder, former President Ershad, served out a prison sentence on corruption charges. The electorate
approved still more changes to the constitution, formally re-creating a parliamentary system and returning governing power to the
office of the prime minister, as in Bangladesh's original 1972 constitution. In October 1991, members of Parliament elected a new
head of state, President Abdur Rahman Biswas.[20]
In March 1994, controversy over a parliamentary by-election, which the opposition claimed the government had rigged, led to an
indefinite boycott of Parliament by the entire opposition. The opposition also began a program of repeated general strikes to press
its demand that Khaleda Zia's government resign and a caretaker government supervise a general election. Efforts to mediate the
dispute, under the auspices of the Commonwealth Secretariat, failed. After another attempt at a negotiated settlement failed
narrowly in late December 1994, the opposition resigned en masse from Parliament. The opposition then continued a campaign
of marches, demonstrations, and strikes in an effort to force the government to resign. The opposition, including the Bangladesh
Awami League, led by Sheikh Hasina, pledged to boycott national elections scheduled for 15 February 1996.[20]
In February, Khaleda Zia was re-elected by a landslide in voting boycotted and denounced as unfair by the three main opposition
parties. In March 1996, following escalating political turmoil, the sitting Parliament enacted a constitutional amendment to allow
a neutral caretaker government to assume power and conduct new parliamentary elections; former Chief Justice Muhammad
Habibur Rahman was named Chief Adviser (a position equivalent to Prime Minister) in the interim government. New
parliamentary elections were held in June 1996 and the Awami League won plurality and formed the government with support
from the Jatiya Party led by deposed president Hussain Muhammad Ershad; party leader Sheikh Hasina became Prime Minister
of Bangladesh.[20]
First Hasina administration, 1996–2001
Prime Minister Sheikh Hasina inspects the ceremonial honour guard during a full honour arrival ceremony at the Pentagon on 17 October 2000.
Sheikh Hasina formed what she called a "Government of National Consensus" in June 1996, which included one minister from
the Jatiya Party and another from the Jatiya Samajtantrik Dal. The Jatiya Party never entered into a formal coalition arrangement,
and party president Hussain Muhammad Ershad withdrew his support from the government in September 1997. Only three
parties had more than 10 members elected to the 1996 Parliament: the Awami League, BNP, and Jatiya Party. Jatiya Party
president, Ershad, was released from prison on bail in January 1997.[20]
International and domestic election observers found the June 1996 election free and fair, and ultimately, the Bangladesh
Nationalist Party decided to join the new Parliament. The BNP soon charged that police and Bangladesh Awami League activists
were engaged in large-scale harassment and jailing of opposition activists. At the end of 1996, the Bangladesh Nationalist Party
staged a parliamentary walkout over this and other grievances but returned in January 1997 under a four-point agreement with the
ruling party. The Bangladesh Nationalist Party asserted that this agreement was never implemented and later staged another
walkout in August 1997. The Bangladesh Nationalist Party returned to Parliament under another agreement in March 1998. [20]
In June 1999, the Bangladesh Nationalist Party and other opposition parties again began to abstain from attending Parliament.
Opposition parties staged an increasing number of nationwide general strikes, rising from six days of general strikes in 1997 to
27 days in 1999. A four-party opposition alliance formed at the beginning of 1999 announced that it would boycott parliamentary
by-elections and local government elections unless the government took steps demanded by the opposition to ensure electoral
fairness. The government did not take these steps, and the opposition subsequently boycotted all elections, including municipal
council elections in February 1999, several parliamentary by-elections, and the Chittagong city corporation elections in January
2000.[20]
In July 2001, the Bangladesh Awami League government stepped down to allow a caretaker government to preside over
parliamentary elections. Political violence that had increased during the Bangladesh Awami League government's tenure
continued to increase through the summer in the run up to the election. In August, Khaleda Zia and Sheikh Hasina agreed during
a visit of former President Jimmy Carter to respect the results of the election, join Parliament win or lose, forswear the use of
hartals (violently enforced strikes) as political tools, and if successful in forming a government allow for a more meaningful role
for the opposition in Parliament. The caretaker government was successful in containing the violence, which allowed a
parliamentary general election to be successfully held on 1 October 2001.[20]
2000s
Second Khaleda administration, 2001–2006
The Four Party Alliance led by the Bangladesh Nationalist Party won over a two-thirds majority in Parliament. Begum Khaleda
Zia was sworn in on 10 October 2001, as Prime Minister for the third time (first in 1991, second after the 15 February 1996
elections).[20]
Despite her August 2001 pledge and all election monitoring groups declaring the election free and fair, Sheikh Hasina
condemned the election, rejected the results, and boycotted Parliament. In 2002, however, she led her party legislators back to
Parliament, but the Bangladesh Awami League again walked out in June 2003 to protest derogatory remarks about Hasina by a
State Minister and the allegedly partisan role of the Parliamentary Speaker. In June 2004, the AL returned to Parliament without
having any of their demands met. They then attended Parliament irregularly before announcing a boycott of the entire June 2005
budget session.[20]
On 17 August 2005, near-synchronized blasts of improvised explosive devices in 63 out of 64 administrative districts targeted
mainly government buildings and killed two persons. An extremist Islamist group named Jamaat-ul-Mujahideen
Bangladesh(JMB) claimed responsibility for the blasts, which aimed to press home JMB's demand for a replacement of the
secular legal system with Islamic sharia courts. Subsequent attacks on the courts in several districts killed 28 people, including
judges, lawyers, and police personnel guarding the courts. A government campaign against the Islamic extremists led to the arrest
of hundreds of senior and mid-level JMB leaders. Six top JMB leaders were tried and sentenced to death for their role in the
murder of two judges; another leader was tried and sentenced to death in absentia in the same case.[20]
In February 2006, the AL returned to Parliament, demanded early elections and requested significant changes in the electoral and
caretaker government systems to stop alleged moves by the ruling coalition to rig the next election. The AL blamed the BNP for
several high-profile attacks on opposition leaders and asserted the BNP was bent on eliminating Sheikh Hasina and the Awami
League as a viable force. The BNP and its allies accused the AL of maligning Bangladesh at home and abroad out of jealousy
over the government's performance on development and economic issues. Dialogue between the Secretaries General of the main
ruling and opposition parties failed to sort out the electoral reform issues.[20]
Hamid Karzai, Pervez Musharraf, and Fakhruddin Ahmed at the Annual Meeting 2008 of the World Economic Forum in Davos, Switzerland
The months preceding the planned January 22, 2007, elections were filled with political unrest and controversy. [22] Following the
end of Khaleda Zia's government in late October 2006, there were protests and strikes, during which 40 people were killed in the
following month, over uncertainty about who would head the caretaker government. The caretaker government had difficulty
bringing the all parties to the table. Awami League and its allies protested and alleged that the caretaker government favoured the
BNP.[23]
The interim period was marked by violence and strikes. [24][25] Presidential Advisor Mukhlesur Rahman Chowdhury negotiated with
Sheikh Hasina and Khaleda Zia and brought all the parties to the planned 22 January 2007 parliamentary elections. Later Hussain
Muhammad Ershad's nomination was cancelled; as a result, the Grand Alliance withdrew its candidates en masse on the last day
possible.[26] They demanded to have voters' lists published.
Later in the month, the president Iajuddin Ahmed imposed a state of emergency. Iajuddin Ahmed resigned from the post of chief
adviser, under the pressure of Bangladesh Army, and appointed Fakhruddin Ahmed, the new chief adviser. Political activity was
prohibited.[27] The military-backed government worked to develop graft and corruption cases against leaders and members of both
major parties. In March 2007, Khaleda Zia's two sons, who both had positions in Bangladesh Nationalist Party, were charged
with corruption. Hasina was charged with graft and extortion in April 2007, and a day later, Khaleda Zia was charged with graft
as well.[28][29][30] There was attempt by Bangladesh Army chief Moeen U Ahmed, the head of Anti-Terrorism division of the
Directorate General of Forces Intelligence Brigadier General ATM Amin, and Director of Directorate General of Forces
Intelligence Brigadier General Chowdhury Fazlul Bari to remove Sheikh Hasina and Khaleda Zia from politics. [31] Former Army
Chief, General Hasan Mashhud Chowdhury, was made the head of Bangladesh Anti Corruption Commission. The Anti
Corruption Commission and the Bangladesh Election Commission were strengthened by the caretaker government. [32] On 27
August 2007 violence broke out in the University of Dhaka campus between students and soldiers of Bangladesh Army. Students
called strikes and burned effigies of the army chief. Police attacked the students and physically assaulted Acting Vice-chancellor
Prof AFM Yusuf Haider and other faculty members of the University of Dhaka. [33] Students were joined in demonstration by
street vendors and slum residents who were evicted by the government. Bangladesh Army agreed to the demands of the protesters
and removed the Army camp from the University of Dhaka campus. Students and teachers expressed the continued state of
emergency in Bangladesh.[34]
Second Hasina administration
The Awami league won national election on 29 December 2008 as part of a larger electoral alliance that also included the Jatiya
Party led by former military ruler General Hussain Muhammad Ershad as well as some leftist parties. According to the Official
Results,[35] Bangladesh Awami League won 230 out of 299 constituencies, and together with its allies, had a total of 262
parliamentary seats.[36] The Awami League and its allies received 57% of the total votes cast. The AL alone got 48%, compared to
36% of the other major alliance led by the BNP which by itself got 33% of the votes. Sheikh Hasina, as party head, is the new
Prime Minister. Her term of office began on 7 January 2009 after Fakhruddin Ahmed. [37][38] The new cabinet had several new
faces, including three women in prominent positions: Dr Dipu Moni (Foreign Minister), Matia Chowdhury(Agriculture Minister)
and Sahara Khatun (Home Minister). Younger MPs with a link to assassinated members of the 1972–1975 AL government
are Syed Ashraful Islam, son of Syed Nazrul Islam, Sheikh Fazle Noor Taposh, son of Sheikh Fazlul Huq Moni, and Tanjim
Ahmad Sohel Taj, son of Tajuddin Ahmad.
Since 2009, the Awami League government faced several major political challenges, including BDR (border security force)
mutiny,[39] power crisis,[40] unrest in garments industry[41] and stock market fluctuations.[42] Judicial achievements for the party
included restoring 1972 constitution (set by the first Awami League government), [43] beginning of war crimes trials, [44] and guilty
vedict in 1975 assassination trial.[45] According to the Nielsen 2-year survey, 50% felt the country was moving in the right
direction, and 36% gave the government a favourable rating. [46] On 18 September 2012 Bangladesh Supreme Court declared the
abolition of the caretaker government system.[47]
2010s
War crimes tribunal
Main article: International Crimes Tribunal (Bangladesh)
2013 Shahbag protests, Protest against the war criminals in Shahbagh, Bangladesh.
During the 2008 general election, the Awami League (AL) pledged to establish the tribunals in response to long-standing calls for
trying war criminals. The first indictments were issued in 2010. However, the main perpetrators of the war crimes, the Pakistan
soldiers, remained out of the reach of the courts.[48]
The government set up the tribunal after the Awami League won the general election in December 2008 with a more than two-
thirds majority in parliament. The War Crimes Fact Finding Committee, tasked to investigate and find evidence, completed its
report in 2008, identifying 1,600 suspects. Prior to the formation of the ICT, the United Nations Development Programme offered
assistance in 2009 on the tribunal's formation. In 2009, the parliament amended the 1973 act that authorised such a tribunal to
update it.[49]