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Monday, January 7, 2008

[Shadeshi_Bondhu] Truth Commission - a dysfunctional aspect and some thoughts

Truth Commission - a dysfunctional aspect and some thoughts
Could this become a liability for the nation and for the society, too?
 
 
The system of caretaker government was proposed, fought for and eventaully implemented with a good intention. The expectation was that it will solve the conflict between political parties and prevent the systemic irregularities in our election system. However, there was a definite dysfunction aspect of the system which our the-then politicians didn't see, couldn't anticape or didn't have the capacity to think or at the least, they could care less to think!
 
 
So, we know what happened as a result. To solve a problem within the politicians (their lack of moral and tolerance), we asked for help from our justices. That did not solve the problem. Rather the choice of justices became so skewed that they became the problem, in addition to the politicians. Many of them are still problem, as evident from the speeches of the Cheif Justice.
 
Our point is - instead of solving the problem at the root, we wanted to hide the problem with the help of the justices. The hiding was successful, temporarily, but eventually, it corrupted our place of dependence - it corrupted our justice system itself.
 
This is a old story - we all know this. Still, we wanted to do the analysis to make aware of the issue.
 
The idea of truth commisison is not new - as it was in the case of caretaker government. However, the context of in which the idea of Truth Commission is being implemented here or is being planned to implement, that context is unique.
 
In our view, there are two major justication for such an effort. First and foremost, to make use of alternative tactics to reduce the tremendous pressure that our justice system is currently going through. Second, to give a section of the offending parties a second chance with a view that they would become good and contributing, law-abiding citizens of the country.
 
Very good objectives.
 
But what is not being discussed is the dysfunctional aspects or possibilities of this inititative. Who is responsible to think about that?
 
Let us mention few of the possibilities:
 
1. If they are pardoned with financial penalties, they will become new, smarter corrupts. Make no mistake - it does not matter how much you fine them, they will create new wealth with more sophisticated crimes, but in a protected legal environement.
 
2. It is the network of connection that is their strength, not the wealth. If you take the wealth from them, even if you take all of them, that would not be an issue. Wealth is the just an outcome of their strength, not the strength itself.
 
3. So, if you want to weaken them, it is the network that you have to break. How? Thats your job to find out.
 
4. Without weakening them, if you allow them to compete in elections, that will be too dangerous. This should not and must not happen.
 
5. Without weakening them, if you do not allow them to compete in elections, that might be even more dangerours. Basically, the truth commission beneficiaries will become the elite of the new mafia in Bangladesh. They will eventually increase the size of underground economy. There is a chance that they will create dummy candidates, just like Hasina and Khaleda (during their early days), who will be controlled behind the scene.
 
6. The basic assumption that they will start behaving is totally wrong. It is not about race or something like that. It is about power, money. It is basic to the human nature.
 
7. If the truth commission were to be successful, it has to punish them in a way that is less stressful to the society. The punishment may be light, but it has to be enduring - it should not end. What kind of punishment that could be?
 
8. Teaching in road-side community schools? Personally watering a portion of the city roads for life or at least for reasonalble number of years? Being under continous audio and video survilence for a good number of years? This audio and video should be made public property and make them available for researchers, behaviorual scientists? There could be many more enduring but light punishment that people can suggest - if the commission asks for such ideas through a public announcement.
 
9. The basic idea is if you pardon or reduce punishment, that is fine. But you have to make sure they do not retain the capabilities to do harm to the society again, if they wish to. Do not assume that they will become feresta. But if you can fight them, let them go with less punishment. But make sure they are weakened.
 
10. Do not repeat the the mistake that was done while planning and designing the Caretaker System.
 
Even if it is a stop-gap measure, it might have long-term implications for the country. Just look at the problems arising from not completing the job of trying the war criminals!
 
If you thought some of the ideas are worth of your reading time, please forward it to others. If you have an ear to the columinsts in regular traditional media, please forward it to them. If you have an ear to the journalists and news editors of the electronic media, discuss it with them. Hope they would look at the suggestions and give due diligence.
 
Thanks for your time,
Innovation Line
 
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Note: This is a freelance column, published mainly in different internet based forums. This column is open for contribution by the members of new generation, sometimes referred to as Gen 71. If you identify yourself as someone from that age-group and want to contribute to this column, please feel free to contact. Thanks to the group moderator for publishing the article.
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