Transparency International Bangladesh (TIB) has described the appointment of a dual citizen as State Minister for Foreign Affairs under the technocrat quota as unconstitutional, while also questioning his decision to accept the position without clearly explaining his stance on the issue.
In a statement, TIB said the state minister, instead of directly answering specific questions raised by journalists in the course of their professional duties and in the public interest, responded with counter-questions.
The organisation condemned what it described as the minister’s resentful and aggressive response to requests for relevant information, saying such behaviour reflects the “shoot the messenger” practice of the ousted authoritarian regime.
TIB also called for an end to attempts to undermine media freedom, independent journalism, freedom of expression and the public’s right to access information.
In the interest of transparency and accountability, the anti-graft watchdog urged the state minister to clearly state his position on dual citizenship, which lies at the centre of the controversy surrounding his appointment.
According to multiple media reports, the state minister for foreign affairs holds foreign citizenship and has even been involved in active politics in the country concerned.
Referring to this matter, TIB Executive Director Dr Iftekharuzzaman said: “The appointment of a dual citizen as state minister for Foreign Affairs under the technocrat quota is unconstitutional. According to Article 56(2) of the Constitution, when a person who is not a Member of Parliament is appointed as a Minister or State Minister, that person must be eligible for election as a Member of Parliament.
“On the other hand, under Article 66(2)(c), a person who acquires citizenship of a foreign state or acknowledges allegiance to such a state is disqualified from being elected as a Member of Parliament. Simultaneously, the requirement regarding renunciation of foreign citizenship in cases of dual citizenship is explicitly addressed by Article 66(2A). Therefore, his appointment under the technocrat quota while retaining dual citizenship is in conflict with the Constitution. He has called into question his appointment by taking on the role of State Minister without providing a clear explanation of his stance on this issue.”
He added: “However, the state minister did not directly respond to questions raised by journalists in the public interest with the intention of providing accurate facts and information about the subject. Instead, he responded with counter-questions such as ‘Who is reporting the news?’ and ‘Why are you so bothered about it?' reflecting the ‘shoot the messenger’ practice of the ousted authoritarian regime. Who reported the news or who raised the question is not the issue here. The fundamental question is whether he retained his foreign citizenship when he assumed office as State Minister. He has an obligation to directly address such an obvious constitutional question relating to the public interest.”
Dr Zaman said: “Following the political change brought about by the bloody July mass uprising, with expectations for accountable governance, the right to ask questions on such matters and the people’s right to know have become more important than ever. Repeated commitments have also been expressed from the highest levels of government and elsewhere to ensure transparency, accountability, and freedom of expression.
“When someone in a responsible state position is questioned about a matter of public interest, it is expected that he will give a straightforward, factual answer. By answering the relevant constitutional and legal questions and disclosing the necessary evidence, the state minister for foreign affairs could instead have set an example of transparency and accountability.
“Rather than doing so, his resentful and aggressive counter-questions directed at media outlets reporting on his dual citizenship and journalists raising questions about the matter are unbecoming of the dignity and responsibility of a State Minister; they are ethically unacceptable and deeply concerning.”
He also said the matter is embarrassing for the government, adding: “Such a response is contrary to free media, freedom of expression, and independent journalism. An aggressive response from a person holding a responsible state position to legitimate questions concerning the public interest not only places unreasonable and unwarranted pressure on the journalists concerned, but also poses a threat to independent journalism. It may create a tendency to make it risky for journalists to ask questions about uncomfortable issues involving those in power or holding state positions. It may also increase the risk of creating self-censorship or a ‘chilling effect’ among journalists. Ultimately, it undermines the people’s right to know.”
The TIB executive director said: “The matter concerns a highly important state position such as that of State Minister for Foreign Affairs. Thus, we cannot overlook its global impact and the possibility of avoidable reputational embarrassment for Bangladesh. In this situation, it is imperative that the government immediately disclose accurate and verifiable information regarding the state minister for foreign affairs’ actual citizenship status and take an appropriate decision on the constitutional validity of his appointment. Attacking the media for posing legitimate constitutional and public-interest inquiries, rather than addressing them, undermines the right to information and media freedom.”
TIB also called on the government to publicly disclose the positions and official documentary evidence concerning the citizenship status of any other minister, state minister or person holding an equivalent position if questions arise regarding their dual citizenship, in the interest of transparency and constitutional accountability.