Wednesday, May 10, 2006

The history of France's parliament over the last two centuries is closely linked with the history of democracy and the chequered path it has followed before finding its culmination in today's institutions.

The French have regularly elected their representatives since 1789, but how they have elected them and what powers they have given them have varied considerably over time: periods in which parliament was in decline generally coincided with a decline in public freedoms.

The names given to parliament are not without significance. `National Assembly' was the name chosen in the fervor of 1789, but it failed to reappear (apart from the short episode of 1848) till 1946. In the intervening years, designations of varying degrees of dilution (`Chamber of Representatives', Legislative Body', `Chamber of Deputies') reflected the reticence-hostility even-of those in power towards the principle of the sovereignty of the people.

The beginning: 1789

On 17 June 1789, one month after the Estates-General met at Versailles, the members of the third estate declared themselves to be the `National Assembly', since they represented at least 96% of the nation. They took sovereign powers in respect of taxation and decided to frame a constitution restricting the powers of the king. Henceforth, sovereignty was to reside not in the person of the monarch but in the nation, which would exercize it through the representatives it elected. This revolutionary idea was expressed in the 1791 and 1795 constitutions.

The revolutionary assemblies (1791-99)

Under the 1791 Constitution the Legislative Assembly was elected for one year by restricted suffrage and was empowered to enact laws and raise taxes, determine public expenditure, ratify treaties and declare war. It sat as of right and could not be dissolved. The king held executive power but could block statutes enacted by the Assembly for no more than two years.

After the suspension of Louis XVI on 10 August 1792 a new assembly was elected by universal suffrage. It was called a `Convention' on the American model and was required to draw up a republican constitution. The first constitution was passed in 1793 but never came into operation.

Under the Constitution of the Year III (1795) legislative power was shared by two chambers, elected for three years by restricted suffrage (a Council of Five Hundred, which had power to initiate laws, and a Council of Ancients), with an executive of five, the Directory.

After four years of severe political instability the coup de grâce came on 18 Brumaire Year VIII (9 November 1799), when Bonaparte took power and parliament was eclipsed for many years.

Parliament muzzled (1799-1830)

By the Constitution of the Year VIII (1799) France's legislature under the Consulate and the First Empire was divided into four assemblies (Conseil d'Etat, Tribunat, Corps législatif and Sénat), none of them elected by direct suffrage. This furthered the omnipotence of the executive, concentrated in the hands of Napoleon.

The Charter granted by Louis XVIII in 1814 restored royal sovereignty, slightly attenuated by the existence of a bicameral parliament-a Chamber of Deputies elected for five years by restricted suffrage and a Chamber of Peers (hereditary or life). But the chambers could be convened and adjourned as the king wished; they had no power of initiative or any means of influencing the Government. They had only a semblance of power.

The beginnings of a parliamentary regime (1830-48)

After the 1830 revolution a new notion of sovereignty became clear: the Charter was not granted but was passed by the Chamber and accepted by the king, who pledged loyalty to it. This meant that there was a pact between the representatives of the nation and the monarch: they exercised sovereignty together.

The right to initiate legislation was restored to the two chambers. And the principle of ministerial responsibility before parliament was first established.

From the republican interlude to the Second Empire (1848-70)

The republican constitution established after the 1848 revolution opposed a Legislative Assembly of 750 members to a President of the Republic, both elected by universal suffrage but neither capable of influencing the other. This excessive separation of powers resulted in the coup d'état of 2 December 1851: Louis-Napoleon Bonaparte dissolved the Assembly and, by plebiscite, arrogated to himself the power to promulgate a new constitution.

The 1852 Constitution resorted again-in order to weaken national representation-to the methods tried and tested under the First Empire: an all-powerful executive (ministers appointed by the Emperor and accountable to him alone) opposed by an elected Legislative Body sharing diminished powers with a Council of State (made up of civil servants) and a Senate (whose members were appointed for life). These institutions failed to survive the defeat of 1870. After the fall of the Empire the Assembly elected on 8 February 1871, meeting first in Bordeaux and then in Versailles until 1879, passed the constitutional acts of 1875 which were to govern France for sixty-five years and provide the true foundation for the nation's parliamentary system.

Entrenchment of the parliamentary system (1875-1940, 1946-58)

Third Republic

By the constitutional acts of 1875 legislative powers were shared by the Chamber ofDeputies, elected by direct universal suffrage for four years, and the Senate, elected by indirect suffrage for nine years. The two houses had extensive powers both in initiating legislation and in supervising the Government, which was accountable to Parliament. In practice this latter power was exercised mostly by the Chamber of Deputies. The President of the Republic could dissolve the Chamber, but this power was no longer used after 1877. The Third Republic was marked by much ministerial instability and, paradoxically, between the wars, by frequent delegations of legislative power to the Government.

On 10 July 1940 the Chamber of Deputies and the Senate met as the National Assembly at Vichy and granted full powers to Marshal Pétain (though eighty members voted against). There was no organization representing the will of the nation from then until August 1944, when the Provisional Government set up a Consultative Assembly. An elected Constituent Assembly then determined the institutions of the Fourth Republic.

Fourth and Fifth Republics

The Constitution of 27 October 1946, like its predecessor, established parliamentary sovereignty and the pre-eminence of the legislature.

The National Assembly, elected by proportional representation, had more extensive powers than the Council of the Republic. It could determine how long it could sit and its order of business, and it alone could overturn the Government. On the other hand, the Government could dissolve the Assembly, but this was subject to particularly strict conditions which were met only once, in 1955, under the Edgar Faure administration. Helped by an electoral system that militated against homogeneous political majorities, ministerial instability was again to be the rule until General de Gaulle returned to power in May 1958 and institutions were put in place that determined parliamentary powers much more strictly.

[Text Courtesy: Assemblee Nationale, Embassy of France in Kathmandu:ed ]

Bangladesh: Human Rights Violation in CH: Myth & Reality

-Mohammad Zainal Abedin, Researcher/Journalist, Bangladesh

Though the most publicized 'CHT Peace Treaty' was supposed to bring peace in the region, it utterly failed to reach its goal. The more powers are entrusted with the CHT Regional Council and the more Army camps withdrawn from CHT, the more anarchic activities engulf the region. Signed on December 2, 1997, the treaty proved fatal for Bangladesh and its nationals living in the region. Though many Army camps have been closed and the remaining army personnel are restricted to their garrisons, yet the cry for total withdrawal of the armed forces from CHT gets louder by those vested quarters of home and abroad, who act on behalf of their foreign mentors to secede it from the rest of the Country.

Previously people were the victims of SB, but now they suffer from the atrocities of PCJSS, UPDF and their front organizations. Besides, tribal youths themselves collect arms and commit crimes to collect extortion or ransom. These groups often engage in clashes to spread their areas of influence.

Tile editorial of The New Age (September 21, 2003), remarked that these clashes between the hill insurgents and the army were not routine in nature. Moni Swapan Dewan admits that there is extortion, killing and abduction (Jugantor, June 12, 2003). Now, in 2005, the situation has hardly improved. The headlines of certain newspapers in recent times indicate that the struggle for power between PUSS and UPDF in CHT deters implementation of the peace accord (The Daily Star editorial, June 15, 2005). "Eight members of UPDF abducted in Rangamati" (Sangbad, March 28, 2005); "Repeated gunfights between JSS and UPDF at Rangamati" (Sangbad, April 31, 2005);" PCJSS-UPDF in confrontation at Khagrachhari - Tension prevails - Attack and Counter­attack (Manabjamin, May 24, 2005); "(Three Chakma families claim at a press conference that Shantu Larma's forces killed their people" (Amar Desh, April 12, 2005); "CHT becomes volatile - 37 abducted in 10 days" (Sangbad, April 5, 2005). These reports highlight the clashes between PUSS and UPDF, also pointing out that the army managed to rescue some of those who were abducted.

Despite the peace accord, the hill terrorists still continued in their assaults on the security forces. The press often carries stories of clashes between these terrorists and the Armed Forces. On May 13, 2003, hill terrorists attacked an Army patrol at Shimultali of Barkal upazila, Rangamati district. On May 15, 2004, tribal terrorists ambushed a police camp at Mahalchhang Bazar of Baghaichhari upazila, Rangamati (The Independent, May 24, 2003). Over the past year Army sepoy Anwarul Islam and Lance Corpora) Abu Bakr Siddique were killed by tribal terrorists (Prothom Alo, August 4, 2004; Sanghad, November 23, 2004). Many other Army personnel were wounded during that time by tribal 54 Human Rights Violation in CH: Myth & Reality

terrorists. When the terrorists opened fire on the Bangladesh Rifles (BDR) regular patrol at Baghaichhari on January 3, 2004, BDR personnel Shahadat Ali was killed. The above short statistics and presence of arms and terrorists activities and the following description unveil the fact why Army needs to remain in CHT.

Let us see what atrocities the armed tribal insurgents have committed during the last eight years. After eight years of signing the treaty there is no trace of peace in CHT, rather it seems to be a far cry. Unrest and insecurity magnified hundred times more after the treaty, as none is solely responsible to ensure peace and tranquility in CHT. Murder, kidnapping, extortion, realisation of ransom, obstruction to development works, terrorism, anarchy, etc. increased alarmingly in CHT. Crime increased alarmingly than ever before. 1.2 million tribal and non-tribal people of CHT spend their lives in anxiety and uncertainty. Due to space constrain I opt to cite a microscopic incidents of crimes committed by the tribal miscreants in CHT.

Quoting knowledgeable sources, a Bengali daily of Dhaka said, prior to the signing of the treaty, the security forces were active in CHT. "As most of the Army, Ansar and VDP camps had been closed after signing the treaty, the terrorists now move at large in CHT and carry out their criminal activities," the daily informed. (The Sangram: Dhaka: September 18, 2002.) Besides, the treaty created multiple administrations in CHT, which play a vital role in creating anarchy and confusion there. Deputy commissioners and Superintendents of the police, DCs of three districts, Chairman of RC, Chairmen of three District Councils, three circle chiefs popularly known as king, headmen and karbaris etc. exercise their power and influence in CHT, which made the administrative machinery inoperative. So none feels him solely responsible for any success or failure. The situation is such that none is under none. None is accountable to none. As a result the administration seriously suffers from indecision which has opened free avenues for the terrorists to commit and continue their criminal acts.

Though the SB was officially frozen, but it exists in other way. PCJSS maintains its military wing without any name to wipe with the 'United People's Democratic Front' (UPDF) floated by the comrades of Shantu Larma that demands total autonomy, what they use to refer to independence. Another clandestine outfit, named Jhumma National Army (JNA), has also been floated in CHT after signing the treaty. There exists another outfit named 'Shanti Parishad' (SP-Peace Council) in CHT. UPDF announced its determination to complete the 'unfinished job' of PUSS. Tribal critics of Shantu Larma allege that UPDF is the sister front of PUSS and it was formed at his instruction. Being a signatory of the treaty, Shantu Larma morally cannot demand further, so he asked his colleagues to float another organisation using other name.

PJCSS demanded 'autonomy' but UPDF demands 'total autonomy.' So-called `total autonomy' means independence out of Bangladesh.

To achieve total autonomy, UPDF collects both fund and arms. The Sangram said, UPDF commits all types of terrorist activities, including murder, kidnapping, extortion, realizing ransom, creating obstruction to development works etc., in all the 25 thanas of three hill districts of CHT. Besides, the daily informed that the front organizations of PCJSS- Pahari Chattra Parishad, Pahari Parishad and Hill Women's Federation -- openly and massively collect extortion from the officials and employees of different government, semi-government, autonomous bodies stationed in CHT, contractors, wood-cutters, traders and local people, particularly from the Bengalees. Quoting the local people the daily said, "previously they used to pay extortion to SB only, but now there are many terrorist organisations to which they are to pay regularly." (The Sangram: Dhaka: September 18, 2002.) The tribal terrorists realise extortion from town dwellers to remote villager, showing arms. Blockading roads they collect extortion from all vehicles including bus, truck, jeep, private car, motorcycle, even rickshaw. Many tribal and non-tribal families have already sold out their ancestral landed property and migrated to other places to avoid extortion, abduction, ransom and death threat etc. Referring to a reliable estimate, The Daily Sangram said, since the signing of the treaty 165 persons were killed, more than 700 wounded and more than 300 persons were kidnapped. (The Sangram: Dhaka: September 18, 2002.) Quoting a Bangladeshi news agency, 'UNB' an English daily said, "A violent clash between two feuding tribal groups left five people killed and another ten wounded by bullets in Longadi Upazilla of the hill district." (The Daily Star: Dhaka: September 24, 2002). The daily said that the clash erupted when 20 to 25 cadres of the United People's Democratic Front (UPDF), the anti-peace treaty group, tried to take control of Ragapanichhara area, some 110 kilometers off the district headquarters, and the peace-treaty supporters resisted them. Two supporters of the pro-peace treaty and three of the anti-treaty groups died on the spot in the two-hour clash, the daily informed. The daily said, the row between the anti-peace treaty tribal group and the pro-treaty tribal group resulted in several clashes in the past. Quoting the police the same daily in another report informed, "At least 231 people were killed and 400 injured in incidents of violence between PUSS and UPDF till September this year since signing of the peace agreement in December 1997. Three hundred and eighty others were abducted during the same period." (The Daily Star: Dhaka: October 9, 2002.) The same daily added, "Activists of the rival organisations are locked in gun-fighting, killing and abduction. Often they fight over illegal collection and supremacy in areas." Shefali Chakma, a resident of Khagrachhari while talking to the Daily Star correspondent said, "We have again become panicked due to the clashes 56 among our brothers. We don't know what will happen ultimately." "We had hoped for peace after signing of the agreement. But this has been shattered by the new spate of violence, "The Daily Star' quoted Shefali as saying." "Some other residents of the hills also echoed the same sentiment," The Daily informed. How does the sitting Chairman of CHTRC and PCJSS chief Shantu Larma, who signed agreement, feel at the moment over the existing situation? Talking to The Daily Star he expressed his extreme disappointment in the following way. "I am undone. What can I do in such a situation of stagnancy?" "But Larma was tight-lipped when asked to elaborate. He dodged questions about the clashes between activists of PCJSS and UPDF," the daily informed. Talking to the 'The Daily Star', a senior government official, on condition of anonymity said, "UPDF is fighting for more autonomy in the hills as it is not happy with the peace accord signed by Shantu Larma. "I don't find any improvement or change in situation. People still feel insecure, "the daily quoted the official. The daily said that Mr. Upendra lal Chamka, one of the closest allies of Shantu Larma while talking to 'The Daily Star' even declined to comment over violence and unrest in the hills. He said, "I don't like to comment as I don't want to face trouble." An activist was killed and another wounded in a gunfight between the army men and UPDF activists in Borokulpara village under Naniarchar Upazilla in Rangamati yesterday. The army rounded up seven UPDF activists and recovered five firearms and 130 bullets. A hard-line opponent of the peace treaty signed on December 2,1997, the UPDF is accused of sporadic attacks, abduction and extortion in the Chittagong Hill Tracts. The then AL government after signing the treaty, claimed that anarchic situation from CHT would wither away once Shantu Larma assumed power- but the ground reality is totally opposite to their perception and supposition- as situations is worse than earlier. Rather any tribal can demand extortion from any person claiming him as the member of any organisation- which has no existence in practice. None can survive in CHT without paying them extortion.

The mentors of PCJSS and their local paid tentacles use all possible means and forums to spread fabricated stories accusing Bangladesh Army for gross human rights violations in CHT. But the reality is totally contrary to their planted propaganda. If an impartial investigation is launched and the common people belonging to various tribes not to speak of the Bengalees, are allowed to speak with concrete guarantee of their life and property, they will unveil the ugly face of the tribal armed cadres. But unfortunately the press seldom covers the sorrows and sufferings that the CHT people face daily at the hands of various tribal armed groups, as these are treated as minor cases. It is claimed the cadres of Shanti Bahini killed more than 30,000 Benglees before signing the treaty in December 2, 1997. According to reliable sources. In between 1983 to June 2004 the miscreants killed 43 soldiers in Bandarban. Neither PCJSS nor their mentors in home and abroad are critical of such killings.

All the human rights violation in CHT are originated out of extortion This menace, not only cause sufferings, loss of life and property to the people of CHT, but also deter the development of the region and eradication of poverty and other socio-economic problems.

Let me see in brief, some specific atrocities of tribal groups in CHT, which will also -justify why the presence of Army in CHT is indispensable.

Robbery, torture, extortion, kidnapping, murder, rape, arson, etc. are the common crimes that the tribal groups are committing in CHT. There is not even a day, when such mishaps are not being occurred in CHT.

Extortion and kidnapping for ransoms are very common events in CHT. None can say when the armed miscreants would swoop on them and demand huge amount of extortion, what they call `tax.' They beat, torture, or kidnap or even kill the victims if they fail to pay them money. Most of the people, particularly the Bengalees, living in CHT are poor and live from hand to mouth. Miscreants do not spare these poor people, who naturally cannot pay them and subsequently are subjected to inhuman torture. As many Army posts and camps have been withdrawn from various parts of CHT, so the miscreants enjoy free hand to commit their crimes. The geo-natural feature of CHT is also suitable for such crimes.

Text courtesy: Excerpts from a book by the author on Human Rights Violations in CHT: Myth and Reality. Thanks the author-ed.

Statement of Press Freedom Mission to the Maldives

Malé 6th May 2006

Statement
After four days of fact finding in the Maldives, members of the International Press Freedom Mission - an independent group of international organizations working to promote international standards on freedom of expression - deplore frequent attacks against media professionals and dissenting voices. We have observed the opening up of the freedom of expression space and growth in independent media during the past 18 months. Despite pressure and restrictions, journalists have exercised their rights to inform the Maldivians. We fully support such efforts of the media community in creating this space. 

The Mission recognizes the steps taken by the government to relax restrictions, such as procedures for licensing and registration of private publications. But more needs to be done in this regard.

After meetings with high officials of the Government, including the Attorney General and the Information Minister, media community (including opposition, pro-government and government journalists), civil society members, detained journalists, the Human Rights Commission and diplomats, the Mission is committed to remain engaged in monitoring the press freedom situation and to support the independent media.

The Mission is concerned that the proposed draft Bill on freedom of the press fails to meet international standards on freedom of expression.

We acknowledge the steps already taken by the Government to improve the press freedom environment in the country through the "road map" for the reform agenda.

However, the Mission's analysis of the draft Bill shows that the restrictions on freedom of expression are too broadly and vaguely worded and therefore can be easily abused for political purposes.  The draft Bill proposes a number of media crimes and fails to provide sufficient protective measures for freedom of the media.

We welcome the statement by the Minister of Information that the Government will transform Television Maldives and the Voice of Maldives into a public service broadcaster and offer our expertise on how to ensure that this is a truly independent entity. The current control of the state-owned media by the authorities does not ensure adequate editorial independence and balanced reporting.

The Mission strongly condemns arbitrary arrests, detention, harassment and intimidation of journalists.

The Mission has been collecting information about recent cases of arrests and arbitrary detention of journalists by the security forces, such as Manas editor Abdul Hameed and Minivan sub-editor Nazim Satar. Journalists covering political and social events and demonstrations and the participants to those demonstrations have been the victims of excessive use of force by the police. In all such cases, the security forces have acted in total impunity for their actions.  The Mission has also recorded cases of death threats and verbal intimidation against journalists, both within independent and state-media, and the resulting chilling effect on the media community and on freedom of expression.

We express serious concern about the charges brought against 5 journalists and editors working for Minivan, which would appear to constitute a concerted effort by the authorities to target this publication.

The mission also deplores abuses of Interpol procedure against exiled journalists and overseas Maldivian media, blocking of Divehiobserver and Maldivesculture web sites, and the jamming of the short wave frequency of Minivan Radio.

Calls for action

- The Mission calls for a review of the cases against the following journalists detained or under house arrest: Jennifer Latheef, Abdullah Saeed, and Mohamed Yushau. In particular, principles of fair trial must be followed to the letter.

- The Mission calls upon the Government and security forces to respect the right of journalists to cover and report on all demonstrations without obstruction or intimidation.

- The Mission calls upon the government to bring to trial all those among the security forces involved in excessive use of force and ill-treatment, to end the climate of impunity for such crimes, and to award compensations to the victims of police brutality.

- The Mission asks the Parliament to adopt without delay the draft Bill for the Human Rights Commission of the Maldives and calls for the expeditious appointment of independent members, including a specific member focusing on freedom of expression.

- The Mission recommends that civil society organisations such as the Detainees Network and independent radios including Minivan Radio be allowed to register and operate independently.

- The Mission has made available its comments and recommendations relating to the draft Bill on freedom of the Press and calls upon the government and the Parliament to amend the Bill on the basis of international standards. 

- The Mission calls upon the government to pursue the transformation of state-controlled broadcasting into Public Service Broadcasting, as well as the development of access to information and defamation laws in accordance with international standards and best practices.

- The Mission calls upon the media community to explore options for creating a journalists union and the development of professional standards. The role of the government on these matters should be restricted to creating an enabling environment.

In conclusion, the Mission announces its intention to continue making its expertise available in the drafting and implementation of freedom of expression legislations in accordance with international standards; as well as to closely monitor and internationally highlight the situation of press freedom, including the harassment, intimidation and security of journalists in the Maldives.

The Press Freedom Mission to the Maldives comprises 5 international press freedom and freedom of expression organisations.