Since the student-led movements successfully overthrew the 15 year-long Awami League regime, the arrests of their policymakers, goons, and even businessmen have been making news. Beneficiaries of the tenure are being brought to justice for wrong-doings. I, however, find no reason why the Jatiyo Party, the previous regime’s home-grown opposition, should slide through.
Shaking hands with the ruling party had always put the JatiyoParty in the best of situations, starting from the peculiarity of having ministers in the cabinet (as the opposition), to being the convenient and home-grown opposition, which the government befriended and provided to. Hence, in the past years, with the Bangladesh Nationalist Party (BNP) out of the picture, truthfully, the situation appeared to be ideal for the Jatiyo Party.
Neighbouring influence
India has always vouched for the Awami League, which was believed to be friendlier to minorities and a party that promoted secularism, as opposed to their most prominent opponent, BNP, which has been in a long-lasting coalition with far-right parties. BNP's alliance included the Jamaat-e-Islami, a party whose top founding leaders were prosecuted by Bangladesh courts as perpetrators of 1971.
Hence, in the past years, it was understandably in India's interest to help prepare an opposition party with a solid outlook that would seem legitimate and acceptable in the absence of BNP and others. Therefore, since 2014, the Jatiyo Party -- the third largest political force -- has undoubtedly been India's best choice to doll them up for the general elections.
Unpopularity
During the last election, the Jatiyo Party chairman was highly criticized for turning around his statement on non-participation. Had the Jatiyo Party not participated, the Awami League could have been well-branded as an autocrat.
But truth be told, Jatiyo Party's high command (against the grassroots' will) had acted selfishly, as always. It went along to win only 11 constituencies (through an arrangement) where Awami League candidates refrained from running.
In the 2018 general elections, upon a coalition, the Jatiyo Party received 26 seats, all of which were uncontested by the Awami League.
In 2014, when BNP and allies had boycotted the elections, the Jatiyo Party participated on their own and won 33 seats. The Awami League had pinned candidates in none of those seats.
In 2008, the Jatiyo Party went into coalition with the Awami League. They placed 49 candidates out of 300 and only won the 29 seats that were not contested by the Awami League candidates. Notably, Jatiyo Party candidates had lost their deposits in the remaining 20 seats.
It is quite obvious from the above that the Jatiyo Party, although perceived to be the third largest force, displayed extremely poor support on the part of the people, even in the election of 2008, which was widely considered fair and credible.
The runner-up
As a former member of the Jatiyo Party, I have always been of the impression that the party consistently intends to secure second place, and would be content by such achievement. It simply aims to be the opposition. The minister equivalent protocol enjoyed by its chairman as the "official" leader of the opposition with a few parliament members who the then Awami League government would positively assist -- the luxuries these positions entail were irresistible, and the greed certainly meant more to them than the people's unpleasant perception of the party.
It is time that the people of Bangladesh realize that the Jatiyo Party's high command was
fundamental in hijacking the democratic right of the people to freely vote for more than a
decade
Role during the July Revolution
I request the readers to ponder on the thought that the country has gone through a revolution, and not one human chain on the part of the Jatiyo Party was visible. Their student wing had not made a single statement in support of the collective will of the students throughout Bangladesh, let alone participating in the movements. Other than a mere statement from the party head, they turned a blind eye to mass killings. What sort of parliamentary opposition were they?
It is time that the people of Bangladesh realize that the JatiyoParty's high command was fundamental in hijacking the democratic right of the people to freely vote for more than a decade.
Even if the Jatiyo Party is not held responsible as an accomplice of gross human rights violations of the previous regime, they can certainly be held responsible for the genocide and crimes against humanity committed during the July Revolution.
International Crimes Tribunal (ICT)
Section 2(a) of the International Crimes (Tribunal) Act, 1973 defines crimes against humanity, and Section 2(c)(i) and (ii) explains the commission of genocide -- the then ruling Awami League can undoubtedly be tried on both fronts. It is, however, notable that as a shameless beneficiary of the previous regime, the Jatiyo Party's high command should be tried according to Section 2(g) of the Act -- attempt, abetment, or conspiracy to commit genocide or crimes against humanity.
Even if they are capable of defending themselves on the grounds of not being abettors, the nation will not forgive them for their silence throughout the revolution. The party had a moral obligation to not only strongly condemn the brutality extended towards the protestors, but also engage in by all means to use resistance. Therefore, the highest decision-makers of the Jatiyo Party should be directly held responsible as per Section 2(g) of the aforementioned Act, which explains how the failure to prevent the commission of any genocide or crimes against humanity, is also a punishable offense.
Advocate Saquib Rahman is a political analyst and Editor of Progress Magazine. He teaches law at North South University.