The Rule of Law

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The flower sellers and the popcorn venders were having a field day. The streets were jammed with traffic diverted from the University. Sales would be good.
complex-traffic-pattern-5114.jpg A range of different modes of transport plying Dhaka streets, makes the city roads difficult to negotiate. ? Shahidul Alam/Drik/Majority World
Dhaka University turned into a cantonment,’ said Rahnuma’s text message. I was hurrying to the CMM court in Old Dhaka where the trial of the university teachers was taking place. As I pedaled through the gaps between cars, rickshaws, CNGs (gas run three wheelers) and thalagaris (push carts) I felt glad I was on a bicycle.
du-teachers-come-out-of-court-5163.jpg Dhaka University teachers leaving the CMM court in Old Dhaka. ? Shahidul Alam/Drik/Majority World
Ocassionally biking along the footpath, not strictly legal, I was slowed by the vending stalls and bus ticket counters that had sprung up. Legality was not such a big thing here.
streetside-bus-ticket-seller-5083.jpg Bus ticket sellers in New Elephant Road. ? Shahidul Alam/Drik/Majority
Last night, the guards had caught a guy stealing copper cabling. The thief was a “heroinchi”. They had roughed him up and let him go. Taking the guy to the police wouldn’t have helped. The police would have got richer and the guy would be out stealing again. People take law into their own hands. Bribes are common-place, violence is normalised, nepotism is ripe. Despite the rhetoric at the top, abuse of power is the order of the day. But there is a sub-text. It was wrong of the heroinchi to have stolen the cable, for me to have used the footpath, for the vendors to have taken over public pathways, for the policeman to have taken bribes. Except in my case, there were mitigating circumstances that made all of the other acts less of a crime. The heroinchi had his addiction to blame. The vendors had no other place to go, police salaries were impossible to live on. They might have found other solutions, but they broke the law instead. Unlawful, but not sinister.
I saw other things along the way. The policeman in Gulistan Mor puncturing the tyre of a rickshaw walla caught on a road reserved for cars.
policeman-with-tyre-stabber-5097.jpg Policeman with needle used to puncture rickshaw tyres. ? Shahidul Alam/Drik/Majority World
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Policeman beating up rickshawalla. ? Shahidul Alam/Drik/Majority World
king-of-traffic-5111.jpg Policeman controlling traffic at Nawabpur Road. ? Shahidul Alam/Drik/Majority World
hand-brush-traffic-control-5125.jpg A bus conductor uses a brush handle to beat off nearby rickshaws or other ‘low grade’ traffic. ? Shahidul Alam/Drik/Majority World
A policeman on Nawabpur Road, punching a rickshaw walla for some other reason. True, rickshaw wallas don’t always obey the law. But no policeman would have punctured the wheel of a car. No drug baron would ever be roughed up, no hotel owner would ever be shooed off his establishment.
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police-van-bumper-5142.jpg Dilapidated police prison vans outside CMM court. ? Shahidul Alam/Drik/Majority World
army-microbus-in-no-parking-zone-0534.jpg
Military microbus by ‘no parking’ sign near Rapa Plaza in Dhanmondi. ? Shahidul Alam/Drik/Majority World
Few police cars would ever pass a fitness test. The more swank olive green cars, parked illegally, would never be challenged. When power is flouted with such abandon, corruption seeps to all levels. Ordinary people are simply too small to challenge the system. The rule of law must apply to all if it is to work. When the ruling party cannot be challenged, when a military rank gives total authority, when being in power means laws no longer apply, the law of the streets becomes the law of the land.
Much has been said about the students’ protest on campus in August 2007. Little has been said about the cause of the incident. The military cannot occupy a university campus in a free land. It is the duty of any self-respecting student, of any citizen, to challenge such army presence. The arrogance of the soldiers might have aggravated the incident. Their long held belief that they are above the law, surely led to the brutality that followed. But the original crime was one of occupation. And occupation, wherever found, must be resisted.
Why should university students bow to injustice? What values can future citizens uphold having silently accepted the loss of their freedoms? How can a teacher teach knowing he has turned his back to wards being illegally victimised?
back-door-5139.jpg The back door of a prison van waiting outside CMM court. 21st January 2007. ? Shahidul Alam/Drik/Majority World
To convict and then provide presidential pardon, is an act of self-deification by the government. Those with less clout will continue to languish in jail. A dark and violent jail they should never have entered. If the judiciary be truly independent, then it should call to the docks those who ordered a military occupation of our university. It should bring to trial those who use emergency rule to torture our citizens and muzzle the media. It should penalise those who judge others without subjecting themselves to scrutiny. The rule of law is essential for society to live without fear. For it to apply, it must start at the top.

Debunking the Expert Myth

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Experts determine our lives. They decide what we should wear, who we should have as partners, how many children we should have, who we should take loans from. They determine the very characteristics of a ‘civilised society’.

Seven years after I wrote the original piece, this video further cracks the expert myth. A three part series.
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Journalists too fall into the category of ‘experts’, and have considerable clout. While ‘expertism’, which works to preserve the power structures within society, is a trap a concerned journalist will be wary of. There are those within the media, who use the extra clout of a press pass to obtain favours, and use their expert status to sell ideas to a misinformed public.

A journalist’s job is to explain, in simple terms, complex issues in a manner, which is compelling, engaging and meaningful to people, to debunk expertism. In order to do so she needs to gather a fair amount of knowledge on the area of expertise that she reports on. She needs to wade through the jargon, to get to the essential facts. She needs to make sense of numerical data, and have enough rigour in her analysis so it can stand up to intense scrutiny. She needs to interpret things in language that is commonly understood, and to be aware of the cultural contexts that may give altered meanings. Here lies a trap, for in this process of simplification, she may choose metaphors, which may not be wholly accurate; she may leave out data, which may be pertinent; and she may shift emphasis, to make a point. Her position wields immense power. As a knowledge broker she can influence people’s opinion. Her politics may determine the course of social action.

Continue reading “Debunking the Expert Myth”

Remaking Destiny

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www.migrantsoul.org

Who am I? Where do I belong? Who determines my future? Society has no answer to these restless questions. Our sense of identity, kinship and community, are at worst shattered by the experience of migration and at best are thrown into uncertainty.
The universal declaration of human rights talks of a world “without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. The reality, particularly for the economic migrant, is very different.
Physical, emotional, social and intellectual exclusion reinforce a migrant’s sense of displacement and alienation. The powerful may glide over such barriers, touching down for business, for pleasure or even out of guilt. For those without power, parting is painful, and each barrier crossed, like the ferry ghats of the big rivers, broadens the distance they must travel to return.
Expectations, dreams, duties and needs circumscribe the life of an economic migrant. The single hope, to change one’s destiny, is what ties all migrants together, whether they be the Bangladeshis who work in the forests of Malaysia, the bonded labourers in the sugarcane plantations in India, the construction workers in the Middle East or the hopeful thousands bound for the promised lands of Europe and North America. They see migration not merely as a means to economic freedom, but also as a passport for social mobility. The wealthy can purchase the future they desire. But a migrant who chooses to rewrite an inherited destiny swims against the current and faces the wrath of the gatekeepers who shape that destiny.

Shahidul Alam

Fri Jul 18, 2003

Thank You Mr. Harkin, Sir!

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When US Senator Tom Harkin proposed a boycott of the products of child labour,
Western campaigners applauded. But there were unforeseen consequences
for the children of Bangladesh, as Shahidul Alam reports.

No. No photographs. Saleha is scared. Many a time she has hidden under tables, been locked up in the toilet, or been sent to the roof in the scorching sun for two or three hours. It happens whenever foreign buyers enter the factory. She knows she is under-age, and doesn?t want photographers messing things up ? she needs the job. The whole industry has suddenly become sensitive. Owners want their factories open. The workers want their jobs. The special schools for former child labourers want aid money. No photographs.
Neither Saleha nor any of the other child workers I have interviewed have ever heard of Senator Tom Harkin. All they know is that pressure from the US, which buys most of Bangladesh?s garments, has resulted in thousands of them losing their jobs at a stroke.
According to a press release by the garment employers in October 1994: ?50,000 children lost their jobs because of the Harkin Bill.? A UNICEF worker confirms ?the jobs went overnight?.
The controversial bill, the ?Child Labor Deterrence Act?, had first been introduced in 1992. A senior International Labour Organization (ILO) official has no doubt that the original bill was put forward ?primarily to protect US trade interests? ? Tom Harkin is sponsored by a key US trade union, and cheap imports from the Third World were seen as undercutting American workers? jobs. ?When we all objected to this aspect of the Bill,? says the ILO official, ?which included a lot of resistance in the US, the Bill was amended, the trading aspect was toned down, and it was given a humanitarian look.? It was when it was reintroduced after these amendments in 1993 that the Bill had its devastating impact in Bangladesh.
The child workers themselves find it particularly hard to interpret the US approach as one of ?humanitarian concern?. When asked why the buyers have been exerting such pressure against child labour, Moyna, a ten-year-old orphan who has just lost her job, comments: ?They loathe us, don?t they? We are poor and not well educated, so they simply despise us. That is why they shut the factories down.? Moyna?s job had supported her and her grandmother but now they must both depend on relatives.
Other children have had no alternative but to seek new kinds of work. When UNICEF and the ILO made a series of follow-up visits they found that the children displaced from the garment factories were working at stone-crushing and street hustling ? more hazardous and exploitative activities than their factory jobs.
?It is easier for the boys to get jobs again,? Moyna complains, pointing to ex-garment boys who have jobs in welding and bicycle factories. Girls usually stay at home, doing household work and looking after smaller children; many end up getting married simply to ease money problems.
Rethinking
In the wake of the mass expulsion of child garment workers it was plain that something had gone very wrong. UNICEF and the ILO tried to pick up the pieces. After two years of hard talking with the garment employers they came up with a Memorandum of Understanding. This guaranteed that no more children under 14 would be hired, that existing child workers would be received into special schools set up by local voluntary organizations and would receive a monthly stipend to compensate them for the loss of their wages.
Some garment owners feel that, instead of doing a deal, they should have called the US bluff and continued employing young children. ?We export 150 million shirts a year to the US,? says one. ?The K-mart $12 shirt would have cost $24. Bill Clinton would have lost his job.?
As of now 10,547 of the estimated 50,000 children have been registered, and of these 8,067 have enlisted in school. Most weren?t registered initially, as few garment owners admitted having children working in their factories. Many lost their jobs before the registration process began. Unregistered children, regardless of their age or their schooling, are not admitted into the scheme.
Saleha is tall for her age. Though in her factory there are quite a few under-age children, in most factories children that look small are no longer taken. This is what Moyna and Ekram and the other children repeatedly say: ?We didn?t make the size.? In a country where births are not registered there is no way of accurately determining a person?s age. Children with good growth keep their jobs. Children who look smaller, perhaps because they are malnourished, do not.
The reliance on size rather than age means that many children are still at work in the factories ? and many have no inclination to take up a place in one of the special schools. Take Sabeena. Her factory is colourful with tinsel when I visit and many of the girls have glitter on their faces. It is the Bangla New Year and Eid all in one and they are celebrating. Sabeena proudly shows me the machine she works on. She is almost 14 and, like Saleha, big for her age. She has been working at a garment factory ever since she finished Grade Five, about 18 months ago. Until then, schooling was free. There was no way her parents could pay for her to go to school and, with her father being poorly, Sabeena needed to work to keep the family going.
Taking home 2,200 taka ($52) a month (with overtime) Sabeena, at 13, is now the main breadwinner in the family. She is lucky to have work, though she would rather study. She laughs when I talk of her going to school. She has mouths to feed, and to give up her job for a 300-taka-per-month stipend for going to school simply wouldn?t make sense. Besides, the special schools only teach up to Grade Five. The better students, who have studied that far, find they have neither jobs nor seats in the school. So Sabeena?s studies begin at around eleven at night, with a paid private tutor, usually by candlelight. At seven in the morning she has to leave for work. Seven days a week.
Money is a key concern even for those children who have been received into the special schools. At the school run by the Bangladesh Rural Advancement Committee (BRAC) in Mirpur, the children gather round a worker doing the rounds. ?When do we get paid, sir?? they keep asking.
Despite the promises, not a single child that I have interviewed has received the full pay they are owed. In some cases field workers, eager to improve their admission rates, have promised considerably more than the stipulated 300 taka ($7) per month. In others, unfounded rumours have created expectations that the schools cannot meet.
Shahjahan (pictured on the facing page) was one of the lucky ones admitted to a BRAC school. The 300 taka per month is a small sum for him too, but he works in a tailoring shop from nine till eleven in the morning, and again from two-thirty in the afternoon till ten at night. He doesn?t complain. Though the scheme does not encourage it, he feels he is getting the best of both worlds: free schooling, including a stipend, as well as paid work and a potential career.
A strange question
Did they like working in garment factories? The children find this a strange question. They earned money because of it, and it gave them a certain status that non-working children did not have. They put up with the long hours. The exceptions remind me that it is children we are talking about. ?I cried when they forced me to do overtime on Thursday nights,? says Moyna. ?That was when they showed Alif Laila (Arabian Nights) on TV.?
Child workers are popular with factory owners. ?Ten- to twelve-year-olds are the best,? says Farooq, the manager of Sabeena?s factory. ?They are easier to control, not interested in men, or movies, and obedient.? He forgets to mention that they are not unionized and that they agree to work for 500 taka ($12) per month when the minimum legal wage for a helper is 930 taka.
Owners see Tom Harkin as a well-meaning soul with little clue about the realities of garment workers? lives. ?As a student, I too hailed the Bill,? says Sohel, the production manager at Captex Garments. ?I was happy that someone was fighting for children?s rights. But now that I work in a factory and have to turn away these children who need jobs, I see things differently. Sometimes I take risks and, if a child is really in a bad way, I let them work, but it is dangerous.?
The notion that a garment employer might be helping children by allowing them to work may seem very strange to people in the West. But in a country where the majority of people live in villages where children work in the home and the fields as part of growing up, there are no romantic notions of childhood as an age of innocence. Though children are cared for, childhood is seen as a period for learning employable skills. Children have always helped out with family duties. When this evolves into a paid job in the city neither children nor their families see it as anything unusual. In poor families it is simply understood that everyone has to work.
The money that children earn is generally handed over to parents, who run the household as best as they can. Most parents want their children to go to school. But they also feel that schooling is a luxury they cannot afford. The garment industry has increased the income of working-class families in recent years and this has also led to a change in attitudes. Many middle-class homes now complain that it is difficult to get domestic ?help? as working-class women and children choose to work in garment factories rather than as servants. This choice ? made on the grounds not just of better economics, but of greater self-respect ? is one many children have lost because of the Harkin Bill.
The US is wielding power without responsibility. A nation with a history of genocide and slavery, and a reputation for being a bully in international politics, suddenly proclaims itself a champion of people?s rights, but refuses to make concessions over the rates it will pay. The dollar price-tags on the garments produced in some factories suggest a vast profit being made at the US end. The buyers claim that what they pay for the garments is determined by ?market forces?. The garment owners make the same claim with regard to the conditions of employment for their workers. Both are simply justifying their own version of exploitation ? and to address child labour without addressing exploitation is to treat the symptom, not the disease.
The garment-industry experience has led to an active debate amongst development workers and child-rights activists. ?What we have done here in Bangladesh is described as fantastic,? says a senior ILO worker. ?I wonder how fantastic it really is. How much difference will these two or three years in school make to these children? In three years, the helper could have been an operator, with better pay and more savings. Even if the manufacturers keep their word and give them back their jobs at the end of their schooling, the Memorandum children will hardly be better off, while their peers will have gotten on with their careers. We have spent millions of dollars on 8,000 children. The money itself could have transformed their lives. This is an experiment by the donors, and the Bangladeshi children have to pay.?
The children?s names have been changed to protect them.

Changing their destiny

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www.newint.org/issue287/contents.html

Letter from Bangladesh

Changing their destiny

Shahidul Alam travels with the poor who chase a dream to distant lands.

They all have numbers. Jeans tucked into their high-ankled sneakers. They strut through the airport lounge, moving en masse. We work our way up the corridors leading to the airplane, but many stop just before boarding. The cocky gait has gone. The sad faces look out longingly at the small figures silhouetted on the rooftops. They wave and they wave and they wave. The stewardess has seen it all before and rounds them up, herding them into the aircraft. One by one they disengage themselves, probably realizing for the first time just what they are leaving behind.
Illustration by SARAH JOHNInside the aircraft it is different. They look around at the metallic finish of the interior, try on the headphones and drink lemonade. They have seats together and whisper to each other about each new thing they see. Abdul Malek, sitting opposite me, is in his early twenties. He is from a small village not far from Goalondo. This is his second attempt. He was conned the first time round. This time his family has sold their remaining land as well as the small shop that they part-own. This time, he says, he is going to make it.
As in the case of the others, his had been no ordinary farewell. They had all come from the village to see him off. Last night, as they slept outside the exclusive passenger lounge, they had prayed together. Abdul Malek has few illusions. He realizes that on $110 a month, for 18 months, there is no way he can save enough to replace the money that his family has invested.
But he sees it differently. No-one from his village has ever been abroad. His sisters would get married. His mother would have her roof repaired, and he would be able to find work for others from the village. This trip is not for him alone. His whole family, even his whole village, are going to change their destiny.
That single hope, to change one’s destiny, is what ties all migrants together ? whether they be the Bangladeshis who work in the forests of Malaysia, those like Abdul Malek, who work as unskilled labour in the Middle East, or those that go to the promised lands of the US. Not all of them are poor. Many are skilled and well educated. Still, the possibility of changing one’s destiny is the single driving force that pushes people into precarious journeys all across the globe. They see it not merely as a means for economic freedom, but also as a means for social mobility.
In the 25 years since independence the middle class in Bangladesh has prospered, and many of its members have climbed the social ladder. But except for a very few rags-to-riches stories, the poor have been well and truly entrenched in poverty. They see little hope of ever being able to claw their way out of it, except perhaps through the promise of distant lands.
So it is that hundreds of workers mill around the Kuwait Embassy in Gulshan, the posh part of Dhaka where the wealthy Bangladeshis and the foreigners live. Kuwait has begun recruiting again after the hiatus caused by the Gulf War, and for the many Bangladeshis who left during the War, and those who have been waiting in the wings, the arduous struggle is beginning. False passports, employment agents, attempts to bribe immigration officials, the long uncertain wait.
Some wait outside the office of ‘Prince Musa’ in Banani. He is king of the agents. His secretary shows me the giant portraits taken with ‘coloured gels’, in an early Hollywood style. She carefully searches for the admiration in my eyes she has known to expect in others. She brings out the press cuttings: the glowing tributes paid by Forbes, the US magazine for and about the wealthy, the stories of his associations with the jet set. She talks of the culture of the man, his sense of style, his private jet, his place in the world of fashion.
Apart from the sensational eight-million-dollar donation to the British Labour Party in 1994 ? which Labour denies, but which the ‘Prince’ insists was accepted ? there are other stories. Some of these I can verify, like the rosewater used for his bath, and the diamond pendants on his shoes (reportedly worth three million dollars). Others, like his friendship with the Sultan of Brunei, the Saudi Royals and leading Western politicians, are attested to by photographs in family albums.
He was once a young man from a small town in Faridpur, not too distant from Abdul Malek’s home or economic position, who made good. Whether the wealth of the ‘Prince’ derives mainly from commissions paid by thousands of Maleks all over Bangladesh or whether, as many assume, it is from lucrative arms deals, the incongruity of it all remains: the fabulously wealthy are earning from the poorest of the poor.
Whereas the ‘Prince’ has emigrated to the city and saves most of his money abroad, Malek and his friends save every penny and send it to the local bank in their village. Malek is different from the many Bengalis who emigrated to the West after World War Two, when immigration was easier and naturalization laws allowed people to settle. Malek, like his friends, has no illusions about ‘settling’ overseas. He knows only too well his status amongst those who know him only as cheap labour. Bangladesh is clearly, irrevocably, his home. He merely wants a better life for himself than the Bangladeshi princes have reserved for him.
An old friend of the NI, Shahidul Alam is guiding light of Drik, a remarkable photographic agency in Dhaka.