Tuesday, January 8, 2008

[greater_noakhali] 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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Deep condolence for the Sadr victims. May Almighty give the family members of victims enough strength to recover from this great loss soon. Let us extend our hand to them the way we can.

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