What will be the consequence of Awami League, the autocratic party that has been toppled from power? This question arose after the 5 August student-people's revolution, following which Sheikh Hasina and her people fled to India. While these Awami Leaguers may have all fled, they have left behind a bloody revolution's history of a brutal massacre.
The liability of the massacre in this revolution lies with Awami League. The ruling Awami League coterie mercilessly shot dead the revolutionary students and people. As a party, in no way can Awami League shrug off this responsibility. Due to this genocide and pitiless repression and suppression, the question naturally arises as to whether Awami League can return to politics or not. And even if they do, can their return with this same name?
After the fall of BKSAL in 1975, Awami League returned in its own name in 1979 during the rule of Ziaur Rahman. Even back then there were allegations against Awami League and BKSAL of using its para-military Rakshi Bahini to indiscriminately kill and torture civilians. Awami League faces the same allegations all over again.
Sheikh Hasina's Awami League is a continuity of Sheikh Mujibur Rahman's misrule. That is why the question has arisen regarding Awami League's right to practice politics. While various quarters are deliberating and debating on the issue, the chief advisor has placed the matter of rehabilitating Awami League on the shoulders of Bangladesh Nationalist Party (BNP).
In a recent interview with the Indian media, he said, "BNP wants the election with all parties in participation. BNP is a large party. We have accepted their demand." But the BNP secretary general Mirza Fakhrul Islam Alamgir has rejected this. He said, "We never said that we wanted to bring anyone to the election." While the chief advisor referred in BNP, in September it had been the amir of Jamaat-e-Islami who had also said that they did not want a ban on Awami League.
In the meantime, the government's advisor Asif Mahmud has said, when the topic of banning Awami League arose, the political parties opposed this in its statements. He referred to Germany's Nazi Party in this regard, saying that the party had been banned in 1945 and remains banned till date. He said that Awami League should face the same predicament.
It apparently seems that the government wants to keep the doors open to a ban of Awami League. The political parties, however, do not support this. The students are for a ban. Yet the political parties should have been the ones demanding a ban on Awami League. After all, they were the victims of repression for a long one and a half decades. Yet now the contrary is happening.
The government probably wanted to proceed towards a ban on Awami League. It had drawn up a draft for the International Crimes Tribunal to take action against any political party involved in crimes against humanity. The law advisor Asif Nazrul had said that the ICT Act was being amended and this provision would be added. This provision was not added to the amendment later. Instead, the government pitched the ball into the opposition parties' court.
Had this clause been added to the act, Awami League could have been proven guilty of crimes against humanity. The tribunal has ample evidence to prove Awami League's guilt in this regard. Also, the chief advisor Dr Muhammad Yunus has said that the massacre during revolution will be brought to justice. Assistance will be sought from the international courts in this regard. He has even spoken about the matter at various places, he said in his address to the nation.
He said that not only will the massacre during the July revolution be placed on trial, but justice will also be ensured for the enforced disappearances and extrajudicial killings that took place over the past 15 years. Other than this law, the government can ban Awami League through the court by referring to Article 16 of the Political Parties Ordinance of 1978. No matter what a hue and cry Awami League leaders may raise, or no matter whether the political parties take a stand against the ban or not, Awami League's space will shrink if the students want to ban the party. The students are keeping the pressure on in this regard.
While this is the stand of the government and the students, why do the political parties not speak out directly on the issue of banning Awami League? Have BNP and Jamaat-e-Islami forgotten the repression and torture unleashed upon them over the past 15 years? Have they forgotten so soon the cases filed against thousands and thousands of their party leaders and workers, how they were like refugees hiding as fugitives within their own country, the enforced disappearances, the extrajudicial killings?
They had kept BNP's chairperson Khaleda Zia incarcerated in false cases year after year. Awami League did not allow her to go abroad for treatment. They pushed her towards death with no proper medical treatment. They exiled BNP's acting chairman Tarique Rahman.
When the faces of Shaheed Abu Sayeed, Mugdha, Nafees whose bullet-ridden body was draped over a rickshaw, and the thousands of other martyrs, come before our eyes, we simply cannot even think of rehabilitating Awami League
Perhaps it is with all this brutal torture in mind that BNP and Jamaat want to avoid banning any party, but instead build up a liberal political culture of tolerance. They have distanced themselves from the code of the Amorite kind Hammurabi, "An eye for an eye, a tooth for a tooth." They want the persons to be placed on trial rather than the party. These two parties possibly want to push aside politics of vengeance and vendetta and start politics of a new age. This may be their liberal stance or strategy. But it should be seen whether this strategy is realistic and relevant to the times.
It is true that an unleashing of vengeance was avoided after 5 August. Credit must be given to BNP and the other parties in this regard. The people want to see not just the Awami League leaders and activists being tried, they want to see Awami League in the dock too. No one is talking about revenge. They are talking about justice. It is not tolerant politics to let a criminal off the hook. The people may not accept such a soft stance of BNP regarding Awami League. As individuals and as a party they committed crimes against humanity during the July rebellion. Awami League as an organisation must face trial for these crimes. If the political parties cannot grasp the sentiments of the people, they will lose their position in the political arena.
Contemporary history indicates that fascist parties guilty of genocide have failed to return to politics. Not just in Germany or Italy, there had been authoritarian governments in various Latin American countries too. Most of them had to face trial eventually.
In that sense, Awami League too should not be able to return to politics. If everything proceeds normally and if Dr Yunus' words are implemented, then most of the leaders of Awami League as well as the bureaucrats and police officers who served during Awami League's rule will be proven guilty of genocide. Not just individuals, but Awami League as a party will face punishment. After all, it was both individuals and groups who were involved in these crimes. If law proceeds on the correct path and if the support of the international court is availed, then Awami League and its leaders will not be able to escape the liability of genocide.
If Awami League is banned, what could the possible repercussions be on a local and international level? Will Awami League men create chaos throughout the country? If everyone remains united, Awami League will not be able to do anything. And it is possible to hold the election even after banning and removing Awami League. This election will be accepted by the entire world. A free and fair election in a democratic environment will be acceptable to anyone. No one is taking about keeping a democratic Awami League out of the election. It is about keeping a fascist Awami League out of the election, an Awami League's whose hands are stained with the blood of innocent students and common people.
Awami League has lost its democratic character. Awami League was never democratic as a party. Every time that it came to power, it took on the character of a totalitarian tyrant. There is no reason to believe that the election will be one-sided without Awami League. If necessary a new party can be formed. In East Bengal, the two major parties were Congress and Muslim League. But they did not catch on to the people's mindset here and so after 1947 Congress was no longer here. Awami League filled that gap.
From 1947 to 1971 Muslim League also failed to grasp the psyche of the people. So they evaporated too after 1971. Then JSD came along. They too failed to practice politics, resorting instead to killings, robbery and repeated coup attempts. They too were soon lost from politics. Later, it was BNP that filled that space and they remain steadfast in politics. Over the past 15 years Awami League paid no heed to people's views. That is why now they have had to flee from the country. No party had to leave the country bag and baggage in such a manner. It would indeed be a reckless to make an attempt to bring back a party that has fled.
We must remain aware that Awami League is still active. Without understanding the situation, they are sitting outside of the country and making all sorts of threats. Normal politics is not possible with such a party. After the party is banned, its leaders and activists may assemble under a different name. They can form a new party.
But it will not be so easy to enter politics just if they want. After all, everyone knows very well who are in Awami League at a national level. It will not be possible for them to reorganise. As members of a banned party, they too will lose the right to practice politics. Nor it will not be easy on their part to form a new party. Excluding them and forming a party with new recruits will have no impact or influence.
But they will be able to pick up Awami League politics if the government and the political parties allow them. In the past, Awami League shrugged off BKSAL and came forward in 1979 with a clean image under Zohra Tajuddin. But it did not remain clean.
Coming to power in 1996, it ushered in the mafia rule of Haji Selim, Haji Maqbul, Hazari, Shamim Islam and others. Now there is talk of rehabilitating Awami League with people of clean image. But the party is imbued with fascist ideology. It is not possible for them to practice democracy. There is simply no alternative but to place Awami League in the dock as a political organisation.
When the faces of Shaheed Abu Sayeed, Mugdha, Nafees whose bullet-ridden body was draped over a rickshaw, and the thousands of other martyrs, come before our eyes, we simply cannot even think of rehabilitating Awami League. No matter how politely the fugitive Awami League leader Hasan Mahmud now refers to BNP's acting chairman Tarique Rahman has 'sir' and 'sahib', everyone is only too aware of his cruel and ruthless nature.
* Dr Maruf Mullick is a political analyst
* This column appeared in the print and online edition of Prothom Alo and has been rewritten for the English edition by Ayesha Kabir