World Defense Forum

Farakka Barrage.

In 1976, a mass procession led by a nearly 80-year-old peasant leader, Maulana Bhasani, from Dhaka to the Indo-Bangladesh Border drew huge attention from national and international media. It demonstrated a profound sense of deprivation among the people of Bangladesh against the unilateral operation of the Farakka Barrage by India, which allegedly killed the Ganges River and unsettled the lives of millions of Bangladeshis living downstream of the Ganges.

The Farakka issue quickly became a perennial irritant in Indo-Bangladesh relations. An internationally renowned expert, R.R. Baxter, was hired to prepare a document assessing Bangladesh's claims. Based on this assessment, a White Paper was published, and the issue was raised by Bangladesh in the UN General Assembly in 1977. Consequently, a five-year temporary agreement was concluded; however, it soon faltered, followed by a weaker legal arrangement (MoU), which raised more controversy on both sides of the border.

I went to SOAS, University of London in 1994 with a Commonwealth Scholarship to pursue a PhD on the international legal aspects of this conflict. Based on a literature review, I found that there were examples of accommodating competing interests of the basin states of a shared river by observing the principles of international watercourse (or river) law. So, why had Bangladesh and India failed to do so, despite many years of protracted consultation and negotiations?


The withdrawal of water by India during the dry season results in the almost dried-up riverbed at the Hardinge Bridge. The photo was taken by Humayun Kabir Topu on February 18, 2024.

I tried to find answers to this question. In the absence of any "global codification" by intergovernmental bodies, the search for international law centered on applicable "customary rules." The International Law Commission rapporteur assigned to codify those rules on the utilization of shared rivers into a global convention had already agreed in 1994 on the existence of such customary rules. However, there were other versions as well; a notable one was the 1970s proceedings of the Asian-African Legal Consultative Committee, comprising, among others, India, Pakistan, and later Bangladesh, which recorded its failure to agree on most of the drafts of customary rules placed for its consideration.

It therefore appeared doubtful whether the global customary rules of international watercourse law were "global" at all, or whether they, like some other branches of international law, were based almost entirely on European and American practice. For that reason, was their application in other areas, including in South Asia, still a debatable issue, and did this confusion have any impact on the resolution of the Ganges water dispute?

A closer look at the South Asian practice, however, reveals an encouraging picture. It shows that from an early period, most of the countries in this region recognized at least one applicable international law principle: the principle of equitable sharing or equitable utilization. Occasional references were also made to the principle of no harm, although it has implications that do not fully conform to the equitable principle.

For example, the equitable utilization principle provides for numerous factors of equity such as river condition, existing uses, dependent population, available alternatives, and the impact of the project, which can be used to assess whether the diversion by the Farakka Project was equitable or reasonable. However, this principle has not settled the hierarchy of those factors. Therefore, by selectively emphasizing those factors, arguments both for and against any planned measure such as the Farakka Project could be made.


On May 16, 1976, Maulana Abdul Hamid Khan Bhasani led a massive long march from Rajshahi towards India’s Farakka Barrage, demanding the demolition of the barrage constructed by the Indian government to divert the flow of Ganges water within its territory.

But in accordance with the no harm principle, it would be very difficult to support such a project considering its harmful impact on the downstream areas.

Interestingly, the relation between these two substantive principles has not been fully resolved even in the global codification of international watercourse law in 1997. The 1997 Watercourse Convention simply suggests resolving disputes based on both these principles and through compliance with a set of procedural obligations such as information sharing, consultation, and negotiation, etc.

However, there have been two important developments in the last few decades which, among other things, aim to place more emphasis on ensuring protection from potential harmful impacts of any planned measures on a shared river, specifically emphasizing the no-harm principle. The first is the emergence of the concept of treating an international watercourse as an indivisible natural resource, thus requiring a basin-wide approach for the utilization, development, and management of an international watercourse. The second is the growing legal recognition of the right of the river as a living entity, and therefore giving due regard to the environmental implications of the utilization of a watercourse. These require a much broader, holistic, and rational approach to dealing with international watercourses and provide wider opportunities for addressing the long-standing conflicts on the utilization of international watercourses.

With added optimism based on these developments, I recently embarked on updating my PhD (awarded in 1999) thesis. As the principles of comprehensive data sharing, integrated water resource management, and protection of the ecology of the watercourse continue to solidify, their importance in the renegotiation of the latest Ganges treaty of 1996, set to expire in 2026, has grown significantly.

The title of the thoroughly updated version of my PhD is "Sharing Ganges Water, Indo-Bangladesh Treaties, and International Law," and it was published (under my academic name Md. Nazrul Islam) in February 2023 by University Press Limited.



Ganges-Brahmaputra-Meghna basin


This book has compared the experience of negotiation of the Ganges agreements to the contemporary development of international law to determine the extent to which the basin states of the Ganges were prepared to learn from the advances in international law. It has also attempted to understand whether the Ganges dispute reflected non-compliance or a narrow application of international law.

First, it assesses whether the information exchanged between India and Pakistan (predecessor of Bangladesh before the latter's liberation in 1971) during the early stage of the planning of the Farakka project was adequate to resolve the amount of water of the Ganges that constituted an equitable share for each country and the extent of the impact of the project. It should be mentioned that the irrigation and hydroelectric projects of the upper reaches of India and their impact on the availability of water to be shared between the Farakka project and Bangladesh at the downstream area were kept outside the purview of negotiations on the Ganges issue. What were its implications, and how did the international law developed at that time entertain this question?

Second, the later agreements, including the 1996 Ganges Treaty (between Bangladesh and India), were premised on this limited information sharing and made an allocation of the Ganges water at an extreme downstream point between the Farakka project and Bangladesh without provisions for exchanging information on the use of Ganges water in the vast upstream areas in Uttar Pradesh and Bihar in India. It was claimed that these arrangements were based on equity, fairness, and no harm. The crucial question raised in my book is, can the arrangement of sharing the 'residual' flow of a river (water left over after the unlimited upstream diversion) be made equitable or fair? Or ensure no harm to the downstream country? What were the rules of international law on such issues?

Third, in the case of the Ganges, the issue appeared more complex, since the river actually originated further upstream in Nepal. Can Nepal, therefore, be ignored in any sharing arrangement of the Ganges at its downstream point? How would it impact the sharing arrangement then? How different could it have been with the participation of Nepal?

If we examine the experience of implementing the Ganges agreements from 1977 to the present, it provides answers to many of these questions. The fact is that the Ganges negotiation began and continued on a faulty legal premise. It focused solely on the competing demands and uses in the downstream Ganges without linking these with the upstream uses of the river. The resulting agreements were unique in many respects. They were short-term or fixed-term, primarily centered around the Farakka project, and focused solely on the economic use of the Ganges, neglecting key environmental issues.


Cover of the book ‘Sharing Ganges Water’.

As a result, the agreements, including the long-term 1996 Treaty, have failed to fully achieve their goals of equity and no harm. The joint river commission assigned to monitor the implementation of the 1996 treaty meets irregularly, and the state parties have shown no interest in correcting its deficiencies. Regular complaints have been raised from both sides about the poor performance of the treaty.

Furthermore, negotiations on the sharing of other transboundary rivers (such as the Teesta) have not learned from the Ganges experience and have thus failed to produce any significant advancements. Most of these negotiations have followed the Ganges pattern, excluding other basin states, limiting data sharing and consultation to water availability at the tail end of the river, disregarding the need for maintenance of environmental flows, and failing to establish a powerful and autonomous river commission.

The 1996 Ganges treaty will expire in 2026. It also provided for conducting negotiations for sharing the water of other common rivers based on equity and no harm principles. Unless it is renewed, there will be no negotiated arrangement for Ganges water sharing or agreed basis for negotiations on other rivers in the post-2026 period.

A modified Ganges Treaty involving all of its basin states (Nepal, India, and Bangladesh) should be concluded before it expires in 2026. It is high time to learn the lessons of the past and thus reposition the course of future negotiations, taking due account of the recent developments in international law that inspire integrated basin-wide development of rivers.

Bangladesh and India (along with all the basin states of South Asia) should have a wider vision to understand that integrated, multilateral, and basin-wide water resource management would be a much better approach to accommodate the various needs of the basin states of any international river and to ensure its adequate protection. They need to understand that the equitable utilization or no-harm principles cannot be translated into reality without the equitable participation of all the basin states, comprehensive data sharing (including through participatory EIA) on all the actual and potential water uses, negotiated arrangements on that basis, continuous monitoring, and efficient conflict resolution mechanisms. In accomplishing these, they should respect and embrace the customary rules reflected in the 1997 Watercourse Convention and other relevant instruments. They should also consider the recent increasing focus on related environmental obligations, human rights aspects, and the need for an efficient institutional regime, as elaborated in the 1992 UNECE Watercourse Convention (global participation opened in 2015) and the 2004 ILA Berlin Rules, and as followed in some water-stressed regions in Asia and Africa such as the Mekong and Senegal basins.

As a vulnerable downstream region to nearly 54 rivers, Bangladesh, in particular, should take the lead by becoming a party to Watercourse Conventions. It should also demand the application of existing international environmental agreements like the 1992 Convention on Biodiversity and the 2015 Paris Agreement on Climate Change, which contain corresponding provisions on the use of international watercourses. Bangladesh could thus influence other co-basin countries to realize that watercourses are precious natural resources that need to be utilized, developed, and managed through an efficient and comprehensive arrangement covering all the uses and involving all the stakeholder States. This realization is crucial for the long-term benefit of the region and the sustainability of the dependent ecosystems.

Dr Asif Nazrul is Professor and Chairman, Department of Law, University of Dhaka.​

Geopolitical importance of Bangladesh
Published : Monday, 4 September, 2023 at 12:00 AM Count : 5568


Alaul Alam

In the last fifty years Bangladesh has made a remarkable success in its every sector. Once branded as a "bottomless basket" is being considered now as a miracle of South Asia due to its emerging economic growth. The country has made a surprising success story over the years for which it is being considered as a global model for development, economic growth, poverty mitigation, and gender equality.

In some decades with its positive economic growth the country is firmly graduating from the least developed countries, which is predicted to be one of the 25 largest economies in the world by 2035. The country has earned geopolitical significance due to its rising prominence in the global economy.

Ashore of the Bay of Bengal the country has become very prominent in the world politics. Geopolitics of the country refers to interstate politics which depends on its territory. Geographically, situated in South Asia the country has become a rising star in the global geopolitical arena sharing both land and maritime borders with India and Myanmar.

Bangladesh has been made geographically important in the Bay of Bengal which has direct influence over landlocked - Assam, Meghalaya, Tripura, Mizoram, Manipur, Nagaland, and Arunachal Pradesh- Nepal, Bhutan. Being located in Indian mainland the country's strategic importance is very crucial.

Again, it is obvious that the Bay of Bengal has been a fertile ground for geopolitics over the centuries. Apart from Bangladesh, Srilanka, India, Myanmar, Thailand, Malaysia and Sumatra of Indonesia share their shores in the Bay of Bengal which have direct influence on the sea area of Bengal.

It is evident that major powerful countries prioritize the dominance over sea to dominate the world. However, the geopolitics surrounding the Bay of Bengal occurs not only for commercial but also for security purposes of a major power. Bangladesh situated in geographically favorable position has been a center of interests for USA, China, Nepal, Bhutan and Australia while some are interested to use seaports of the country to accelerate their trade and the others think it important in the South Asian as well as in global geopolitics.

India, an economically emerging state spans three sides of border with Bangladesh is always keen to observe strategies, policies and overallinternal politics of Bangladesh. The geographical position of Bangladesh has connected it with a natural link between South Asia and Southeast Asia. So, the participation of the country in case of strengthening regional cooperation is crucial in the two giant trade blocs in Asia-- the Association of the Southeast Asian Nations (ASEAN) and the South Asian Association of Regional Cooperation (SAARC). Besides, being a geopolitical ally to India Bangladesh has the potential to facilitate greater integration between Northeast India and Central India.

It is obvious that the diplomatic ties between Bangladesh and India is historical. Over the years these two neighboring countries have been on good term. Commonalities originating in Bangladesh- India relationship are tradition, culture, language, and shared principles such as secularism, democracy, etc. Since the Awami League coming to power in 2009, bilateral relations have peaked between the two countries. However, some issues between two countries are yet to be settled, such as water disputes, border killings, religious tension, and maritime border disputes. Border killing and illegal migration sometimes creates strain in Bangladesh and India relationship.

It is no denial that the Sino-Indian rivalry often puts Bangladesh in an advantaged position as the country maintains a balanced diplomatic act between India and China. During the Covid-19 pandemic we saw high level talks of the leaders of the two countries-Bangladesh and India and India helped its allies sending Covid vaccines. Bangladesh was fortunate to have vaccines from India as a top priority.

In the second wave of the Covid-19 when the Indian government stopped the supply of vaccines, immediately China agreed to deliver vaccine doses to Bangladesh. So, in most cases Bangladesh is benefitted as a country who maintains diplomatic balance with India and China. However, one thing is very obvious for Bangladesh to read the situation carefully to understand the intention of both these countries while utilizing an opportunity.

Over the last some years Bangladesh is facing Rohingya refugee crisis causing a major diplomatic hurdle and tension. From a humanitarian ground Bangladesh government took shelter more than a million displaced Rohingyas from neighboring Myanmar. Since the inception of the crisis, despite taking efforts made by the Bangladesh government several times Rohingya repatriation is yet to be settled due to the lack of willingness of the Myanmar government.

Certainly, the repatriation process is delayed as the international humanitarian agencies are not found proactive enough to settle down this crisis. It is observed that some western countries are extending humanitarian hands through delivering relief funds for the Rohingyas but it must be very urgent to resolve the crisis as it has become a burden for Bangladesh, causing hindrance in socio-economic progress.

Political analysts opine that Bangladesh being a member country of the Commonwealthmaintains a historical relationship with the UK who can be one of the major influentialsto settle down this crisis. The country with the solid political support from the UK may find the scope to present the Rohingya issue to the international arena. However, decisive diplomatic action is a crying need to accelerate the repatriation process.

In strengthening regional cooperation since her birth, Bangladesh has been following middle-route approach in the global foreign policy. During the regime of the father of the nation Bangabandhu Sheikh Mujibur Rahman middle route was adopted in the foreign policy of Bangladesh. In his speech Bangabandhu said, 'We are a small country, we want friendship to all and malice towards none. He adopted middle routes between the Western and Eastern blocs.

Over the years the country sees success in establishing good relationship with different countries and major powers by adopting a policy of peace and non-alignment. However, it is evident that South Asia and the Indian Ocean region is increasingly becoming a significant site of major power competition which leads Bangladesh to continuously adopt this middle-ground approach to be prominent geopolitically.

Things become challenging to adopt middle-route approach in case of receiving the invitation of the US to incorporate Bangladesh into the Indo-Pacific Strategy as it may arise a displeasing situation of China towards Bangladesh. In the global geopolitics the relation between the US and China raises rivalry. So, Bangladesh with a neutral foreign policy may see a challenging task to maintain a good relationship with both Washington and Beijing at the same time. Geopolitically, Bangladesh faces an awkward position with Russia's invasion to Ukraine as the country wants peaceful settlement of all disputes between two countries but it remains neutral and abstains itself from condemning Russia.

To this end, Bangladesh is becoming prominent gradually in the global political realm which not only opens up opportunities but also emerges challenges. It is imperative to analyze the present geostrategic reality and cope with the challenges that lie ahead while utilizing new opportunities.

The writer teaches at Prime University and a research scholar at the IBS​

Khaleda Zia’s bank accounts unfrozen after 17 years


File photo

The National Board of Revenue has instructed banks to unfreeze the accounts of Bangladesh Nationalist Party Chairperson Khaleda Zia, a move that comes 17 years after it had ordered banks to block her accounts.

In August 2007, the NBR's Central Intelligence Cell directed banks to freeze the accounts of the BNP chairperson, who has been elected Bangladesh's prime minister twice since 1990.

The decision to freeze the accounts was based on a recommendation of a panel formed during the then Army-backed caretaker government, said a senior official of the NBR.

Since then, her accounts have remained blocked although the BNP has on several occasions demanded they be unfrozen.

The latest move came weeks after a mass uprising toppled former prime minister Sheikh Hasina, a long-time rival of Khaleda, on August 5, ending the Bangladesh Awami League's 15-year rule.

The NBR official added that they had received an application seeking to unfreeze the accounts from Khaleda's lawyer on Sunday.

"As there are no tax-related issues pending investigation relating to her, we have advised banks to unlock all her accounts. We have asked them to take immediate action and provide a compliance report," the official added.​

BNP wants to reinstate caretaker govt system
Says Tarique


File photo of Tarique Rahman

BNP acting chairman Tarique Rahman yesterday said their party is willing to bring back the caretaker government system for elections to ensure the restoration of the people's voting rights.

"We want to reinstate the caretaker government system in the constitution to restore the people's right to vote," he said while exchanging views with BNP grassroots leaders and activists of Khulna division.

Stating that Bangladesh belongs to its citizens, the BNP leader said it is the people's justified democratic right to elect their representatives through the independent exercise of their voting rights.

He said the BNP introduced the caretaker government system in the constitution in 1996, replacing a partisan government, to safeguard the people's right to vote and ensure free and fair elections in the country.

"But in order to hang onto power, autocratic [Sheikh] Hasina removed it from the constitution and deprived the people of voting rights in three national elections," Tarique mentioned.

The BNP leader outlined the main objectives of their party's politics as ensuring security of the people, upholding freedom of speech, protecting the right to do business and trade peacefully, providing employment for youth, safeguarding the dignity and security of women, guaranteeing equal rights for all citizens regardless of religion, caste, or creed, whether they live on plains or hills, and establishing the rule of law throughout the country.

Tarique said the BNP's priorities also include ensuring a balance of power between the judiciary and executive branches, providing universal healthcare facilities, ensuring fair prices for agricultural products, and, above all, protecting the country's independence and sovereignty.

The BNP leader warned that their party will not tolerate any imprudent actions by a few wayward individuals within the party, regardless of who they are.

Tarique asked his party leaders to identify and resist those who dent the image of the party by not only expelling them from the party but also taking legal action against them.​

Malaysia PM may visit Bangladesh in a couple of months


File photo

Malaysian Prime Minister Anwar Ibrahim may visit Bangladesh soon at the invitation of Chief Adviser Prof Muhammad Yunus.

"The Malaysian prime minister expressed his willingness to visit Bangladesh during the phone call. We may see him coming to Dhaka in a month or two," a foreign ministry official told this correspondent.

"Prof Yunus has invited me to undertake a short visit to Bangladesh as soon as possible to further strengthen the brotherly relationship between the two countries," Anwar Ibrahim posted on X following the phone call on Tuesday evening.

He also congratulated his "old friend" Prof Yunus on his appointment as the chief advisor to the interim government of Bangladesh.

"Prof Yunus has long-standing good ties with Malaysia. Thus, I assured him that Malaysia stands ready to help and support the interim government in rebuilding and restoring peace and security in Bangladesh," Ibrahim added.

He also said Prof Yunus has given him assurances that he will protect the rights of all Bangladeshis including minorities.

Bangladesh and Malaysia have a bilateral trade of $2.7 billion. Of the amount, Bangladesh exports goods worth some $370 million to Malaysia.

Also, about eight lakh Bangladeshis are working in Malaysia.

During the phone call, Prof Yunus also hoped that more Bangladeshis would get scope to work in the Southeast Asian country.​

Foreign Minister Hasan Mahmud. File photo

Foreign Minister Hasan Mahmud called on the OIC member states to take alternate measures to end the conflict in Gaza and to ensure rights for the Palestinian people.

The foreign minister reiterated Bangladesh's firm support for the Palestinian cause and called for an immediate ceasefire and opening of humanitarian corridors in the besieged territory.

While addressing the 19th Extraordinary CFM of the OIC on Israel's' aggression on the Palestinian People in Jeddah, Saudi Arabia, he also stressed on the importance of the Islamic Financial Safety Net to ensure basic necessities for the Palestinians.

Foreign minister, mentioning the strong statement delivered by Bangladesh at the ICJ in February for the Palestinians, hoped that peace will be established soon in the region.

Noting the current stalemate at the United Nations Security Council, Foreign Minister highlighted the need for its reform so that decision on globally effecting issues could be reached.

He stressed the importance of Muslim Ummah's unity to stop atrocities against Palestinians, ensuring their safe and peaceful living in their homeland.

Earlier yesterday, Dr Hasan Mahmud paid a courtesy call on Saudi Foreign Minister Faisal bin Farhan Al Saud at the OIC Secretariat in Jeddah.

Expressing satisfaction at bilateral ties, Dr Mahmud hoped for deeper cooperation between Bangladesh and Saudi Arabia, anticipating a visit from Saudi Crown Prince Mohammed bin Salman.

Al Saud affirmed Saudi Arabia's commitment to sophisticated economic cooperation.

They discussed increasing sectoral cooperation, trade, and investment opportunities, with Dr. Mahmud seeking cooperation in crude oil purchase, which Al Saud promised to consider, including investments in refinery and petrochemical industries.

Al Saud congratulated Prime Minister Sheikh Hasina on her re-election and praised her leadership in hosting Rohingya refugees, pledging Saudi Arabia's full support.

Hasan Mahmud also met with OIC Secretary General Hissein Brahim Taha.

Taha praised Sheikh Hasina's leadership and reaffirmed OIC's support for Rohingya people.

The foreign minister advocated for greater trade and investment among OIC member states to mitigate economic challenges stemming from the Russia-Ukraine conflict, proposing a dedicated cell at the OIC Secretariat for trade-related information dissemination.​

Restrain traffic of ships through the forest



It is deeply concerning that on top of projects, megaprojects, illegal occupations and deforestation ravaging the Sundarbans, traffic of ships through the forest has increased dramatically in recent years. A recent report sheds light on how ships, discharging harmful fumes and sound pollution, and often carrying toxic materials through the forest, have nearly doubled in a decade—from 357 trips monthly in 2012 to 837 trips in 2022, and 701 trips monthly so far this year.

Under the first Protocol on Inland Water Transit and Trade between Bangladesh and India, signed in 1972, lighter cargo vessels can operate between the two countries using the waterways mostly through the Sundarbans. A major route for these ships goes through at least 100 km of the river system inside the mangrove forest, which takes around eight hours for the vessels to travel. While any motor vehicle, including boats and ships, is strictly prohibited from operating through the forest after sunset till sunrise, ships continue to operate 24/7 unrestrained. The customs station in Angtihara, the entry point to the forest on this route, only logs the trips of the ships and does not monitor if any laws have been broken. While the customs and immigration in India close off at night, our customs office continues to operate throughout the night.
​

Bangladesh has now become a land of lost forestlands and dead ecosystems. We have irredeemably destroyed a number of forests and major sources of biodiversity throughout this delta, and even in the hill tracts. The Sundarbans is the last hope for any unique and great population of wildlife to survive. The government must ensure that any activity harming this forest is halted immediately, and look for an alternative route for maritime trade with India as well as consider moving major power plants and factories from the area.​

US, China accuse each other of stoking regional tensions

Top US and Chinese officials exchanged warnings against stoking regional tensions during a meeting in Beijing yesterday after China became embroiled in security rows with American allies Japan and the Philippines.

US National Security Advisor Jake Sullivan, making the first such trip by someone in his role since 2016, and Chinese top diplomat Wang Yi met in Beijing for talks that were meant to smooth over relations.

But after their meeting, state media reported that Wang cautioned Washington against supporting the Philippines in the disputed South China Sea.

"The United States must not use bilateral treaties as an excuse to undermine China's sovereignty and territorial integrity, nor should it support or condone the Philippines' actions of infringement," Wang told Sullivan, according to state broadcaster CCTV.

Sullivan, who is US President Joe Biden's most senior security aide, doubled down on Washington's pledges to defend its regional partners.

"Mr Sullivan reaffirmed the United States' commitment to defending its Indo-Pacific allies," the White House said in a readout of their meeting.

Sullivan also "expressed concern about the PRC's destabilizing actions against lawful Philippine maritime operations in the South China Sea", it said, using an acronym for the People's Republic of China.

Sullivan landed in the Chinese capital on Tuesday for a three-day trip, saying on arrival he looked forward to "a very productive round of conversations" with foreign minister Wang.

The visit follows a summit between Biden and Chinese President Xi Jinping in California in November 2023, and comes just over two months before elections in the United States.

But the meeting was shadowed by Washington's allies Japan and the Philippines blaming China in the past week for raising regional tensions.

Beijing said on Monday it had taken "control measures" against two Philippine Coast Guard ships that "illegally" entered an area of disputed reefs and waters.

Manila said the Chinese vessels had prevented Philippine ships from resupplying their own coast guard vessels in the area, blasting the move as "aggressive" and calling Beijing the "biggest disrupter" of peace in Southeast Asia.

According to CCTV, Wang emphasised to Sullivan that "China is firmly committed to safeguarding its territorial sovereignty and maritime rights over the South China Sea islands".

Tokyo meanwhile accused Beijing of violating its airspace on Monday, with a two-minute incursion by a surveillance aircraft off the Danjo Islands in the East China Sea.

It said the first confirmed incursion by a Chinese military aircraft into its airspace was a "serious violation" of its sovereignty and accused Beijing of becoming "increasingly active".

Sullivan and Wang have met five times over the past year-and-a-half -- in Washington, Vienna, Malta and Bangkok, as well as alongside US President Joe Biden and Chinese leader Xi Jinping at a November 2023 summit in California.

The US and Chinese officials also discussed the tense issue of Taiwan, the self-governing democracy that China claims.

China has kept up its sabre-rattling since the inauguration this year of President Lai Ching-te, whose party emphasises Taiwan's separate identity.

Wang stressed that Taiwan belonged to Beijing and that China will "certainly be unified".

He told Sullivan that the US should "put into practice its commitment not to support Taiwan independence" and stop arming Taiwan, according to CCTV.

The White House said Sullivan "underscored the importance of maintaining peace and stability across the Taiwan Strait."

The US and Chinese officials also discussed issues including Ukraine, the Middle East and the Korean Peninsula, both sides said.

Sullivan had "emphasized concerns" about China's support for Russia's defence industry during Moscow's invasion of Ukraine, the White House said.

Wang countered that China was committed to "working towards a political solution to the Ukraine crisis" and warned Washington off imposing "illegal unilateral sanctions."​

Sheikh Hasina was a classic autocrat: M Sakhawat Hossain
Published :
Aug 05, 2024 22:03
Updated :
Aug 05, 2024 22:03



Sheikh Hasina was a classic autocrat who dismissed the people, and this disdain has led to her current predicament, according to Brigadier General (Retd) M. Sakhawat Hossain, an election analyst and former military officer. In a special interview with UNB news agency over the phone, he expressed these views.
He stated that today's events were inevitable and were bound to happen. "We have seen similar situations in Tunisia, Libya, and Syria. Popular uprisings are unstoppable. The student quota reform movement could have been resolved easily, but due to Prime Minister Sheikh Hasina's stubbornness, so many people lost their lives."

Hossain criticised the media's portrayal of the casualties, claiming that the true number is closer to 400, with a significant portion being students and young people. He questioned the whereabouts of the remaining bodies, mass graves, and the extent of innocent lives lost. "She has gone, but who will answer for this?" he asked.

He accused the ruling government of carrying out the "most heinous massacre" and of misleading the public by blaming criminals while those responsible were, in fact, their own countrymen. "Such things should not happen in a free country," he remarked.

Hossain also noted that for the past 15 years, people have been unable to vote properly, with widespread election fraud. He stated that Sheikh Hasina should have understood her and her party's unpopularity, and questioned who would be held accountable for the bloodshed. He criticized the severe lack of good governance, which he believes Sheikh Hasina failed to provide.

Furthermore, he alleged that Sheikh Hasina has created criminal gangs within the country and turned the police and Rapid Action Battalion (RAB) into her personal enforcers.

Reflecting on the plight of the family members of the so-called Father of the Nation, he questioned why they had to face such a tragic fate, attributing it to Hasina's arrogance and pride. He drew a parallel with the 2009 BDR mutiny, where 57 army officers were killed, and questioned who would answer for that incident as well.

He criticised Sheikh Hasina's control over TV media and her suppression of free speech, citing it as a reason he avoided talk shows. He claimed he had urged the Prime Minister in various meetings to ensure good governance, but was labelled as an 'agent of the opposition' for his criticisms.

"Today, Sheikh Hasina has fled the country, and now the army has had to take responsibility for the nation's situation," he concluded.​

Govt to amend ICT act to widen definition
M Moneruzzaman 23 September, 2024, 23:35

The government has taken steps to amend the International Crimes Tribunal Act, 1973, to expand the definition of crimes against humanity to include enforced disappearances and five other offences.

The five additional crimes include gender-based violence, sexual slavery, enforced prostitution, forced pregnancy, and enforced sterilisation, particularly when these five acts are committed as part of a widespread or systematic attack against a civilian population, or as part of systematic persecution on political, racial, ethnic, cultural, or religious grounds, regardless of whether they violate the domestic laws of the country where they are committed.


The proposed amendment was disclosed by the law ministry at an exchange of view meeting with legal experts, academicians, former judges, rights activists, journalists, several politicians and participants in the students-led uprising that led to the downfall of Sheikh Hasina on August 5.

Law adviser Asif Nazrul moderated the session, which included contributions from local government and rural development adviser Hassan Ariff, Public Works adviser Adilur Rahman Khan, and attorney general Md Asaduzzaman.

The law adviser stated that the draft amendment would be posted on the ministry’s website to invite public feedback before it is finalised.

The government also proposed an another amendment to the ICT Act, expanding liability for crimes to include leaders of organisations, associations, or organised groups who order, permit, acquiesce, or participate in the commission of crimes, with actual or constructive knowledge of their occurrence.

Another significant proposed amendment would allow the tribunal to ban political organisations for up to ten years if they are found to have committed, aided, abetted, or facilitated any of the defined crimes.

This ban would encompass all activities, including participation in elections, organising meetings or rallies, using media or digital platforms for propaganda, fundraising and conducting financial transactions, according to the proposed amendment.

The proposed amendment grants the tribunal discretion to reduce the ban period upon application by the organisation, provided it can demonstrate substantial reforms and adherence to international humanitarian law and human rights principles.

It further stipulates that any individual violating a ban imposed under this section would face penalties as determined by the tribunal.

Additionally, the amendments empower the tribunal to record and broadcast hearings or parts of them via the internet or other means, with safeguards to protect the privacy, safety, and dignity of participants.

The proposal also allows representatives from foreign governments, non-governmental organisations, and international bodies to attend public hearings, trials, and other proceedings, subject to prior approval and accreditation.

Moreover, the tribunal would be authorised to adopt technology-based procedures and admit evidence in digital formats, including data or information from electronic, optical, or computer memory, audio or video recordings, CCTV footage, drone data, cell phone records, and other digital devices.

Most participants at the views exchange meeting appreciated the government’s move to amend the act to enable the tribunal to try those involved in crimes during the student-led mass uprising that deposed then prime minister Sheikh Hasina who subsequently fled to India.

Some participants, however, expressed concern over the proposal to ban political parties for 10 years if found guilty of crimes against humanity. They argued that punishing an entire party for the actions of individual leaders was excessive.

Several participants stressed the importance of maintaining international standards in the trials to avoid the perception that the proceedings were targeted towards Sheikh Hasina, also the president of Awami League, and her associates.

Law adviser Asif Nazrul emphasised the government’s commitment to ensure fair justice acceptable to both the people of Bangladesh and the international community.

Commenting on the recent mass killings, he stated, ‘The older generation has been disturbingly complicit in killing the youths of this country. Despite the pain and frustration, it is crucial that these trials are perceived as just.’

Asif further noted that a prosecution and investigation team had already been formed to support the tribunal’s work, but the main challenge now was reconstituting the tribunal itself. He added that the reform of the International Crimes (Tribunals) Act, 1973, would be inclusive, incorporating inputs from experts across various fields.

Among those present at the meeting were Justice Division secretary Md Golam Rabbani, ICT chief prosecutor Md Tajul Islam, Dhaka University law professor Mahbubur Rahman, and lawyers ZI Khan Panna and Sara Hossain, alongside journalists and other legal experts.​