Showing posts with label 1971 denial offences. Show all posts
Showing posts with label 1971 denial offences. Show all posts

Tuesday, April 12, 2016

The need for nuanced history about 1971

Syed Badrul Hasan has written an article for bdnews24.com criticising an oped I wrote  concerning the proposed new law crimanalising people who 'distort' 1971's history.

I have written a response which bdnews has also published, but without internal links. So here is the article with links to support assertions in the article.

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The need for nuanced history 
David Bergman

On this website, a few days ago, Syed Badrul Ahsan roundly criticised my op-ed published in the New York Times where I had argued that proposed legislation criminalising people who ‘distort the history of the 1971 war’ was so broadly drafted that it would significantly hinder free speech and stifle legitimate historical research.

‘We will not accept any questioning of the facts related to the War of Liberation,’ Badrul stated in his article where he went onto refer to his ‘absolute unwillingness to allow our history to be questioned.’ He concluded by saying that ‘The Liberation War Denial Crimes Act ought to have been in place a very long time ago.’

In seeking to substantiate his conclusions, Badrul however makes a number of factual inaccuracies, as well as misrepresenting arguments of those like me who are critical of the introduction of the Act.

His first inaccuracy – which also happens to be defamatory – is his attempt to compare me to David Irving.

Badrul states that Irving’s ‘questioning the figures for the holocaust’ – something for which he claims Irving was imprisoned for in Austria - is similar to my ‘rais[ing] issues around the figures of the genocide in Bangladesh.’

It is not correct, however, that Irving was imprisoned for ‘questioning the figures for the holocaust’.

He was punished for denying the use of gas chambers in concentration camps, (a ‘fairy tale’, Irving said’) and also for his claims that Adolf Hitler had helped Europe's Jews and that the Holocaust was a "myth".

This would be like Irving saying about Bangladesh’s 1971 war of Independence that during the war ‘no Bengalis collaborated with the Pakistan military’, that ‘Lieutenant General Niazi had protected the Hindu community from any risk of being killed’ and that ‘no civilians were killed during the 9 month war’.

These would be, if stated by anyone, entirely bogus and false statements which would clearly fall into the category of genocide denial.

But I have never written anything at all similar about the 1971 war.

Lets just look at the New York Times piece. ‘Depending on the source, some 300,000 to three million people were killed, and millions were displaced’ during the war, the article states. It then goes on: “There is no question that there were many atrocities, including rape, deportation and massacres of civilians, carried out by the Pakistani Army, aided at times by pro-Pakistani militias. Some of these included members of the student wing of Jamaat-e-Islami, an Islamist party that remains a powerful force in Bangladesh today. There is an academic consensus that this campaign of violence, particularly against the Hindu population, was a genocide.”

And this paragraph – which one should note states categorically that the killings amounted to genocide - is reflected in all my writings about the 1971 war

Badrul should acknowledge that there could not be a bigger difference between what David Irving has written about the holocaust and what I have written about the 1971 war.

Secondly, Badrul is wrong to suggest that holocaust denial laws ‘have never been an impediment to freedom of speech.’

In fact, they are hotly contested in Europe and criticized both by historians, and freedom of speech advocates.

But, more significantly, Badrul’s is widely of the mark in his attempt to justify the new proposed Bangladesh law by pointing to the ‘holocaust denial laws’.

The Bangladesh law is titled ‘Bangladesh Liberation War (Denial, Distortion, Opposition) Crime Law’ and its offences are far wider than just criminalizing people who deny the Pakistan army atrocities of the 1971 war or who voice support for the crimes that took place (which would put them on a par with the European laws.)

Instead, the proposed legislation allows for the prosecution of anybody who ‘denies …any events for the preparation of the liberation war’ between 14 August 1947 to 16 December 1971, anyone who ‘misrepresents’ any government publication on the history of the war, or any person who represents the liberation war history ‘inaccurately or with half truth’.

These offences – which would seem to allow for the prosecution of any person who disagrees with any aspect of the ‘government-at-the-time’s’ official version of the 1971 war and the preparatory events towards it – are far wider than any offences contained in the European holocaust denial laws.

Badrul is also wrong to suggest that the holocaust denial laws put the ‘Holocaust beyond debate’. Everything about it, apart from the fact that it happened, is contested and researched.

There continues to be much new history written about the holocaust. As mentioned in a recent New York Times review of a book on the holocaust, ‘More than 70 years after the Holocaust, there is no sign of research on it abating. Instead, over the past few decades, historians have been extending their inquiries … So voluminous is this scholarly outpouring that few are able to keep up with it.’ And the research is about every element of the holocaust.

Much of the rest of Badrul’s article concerns his claim that there is an attempt to in Bangladesh to shape a ‘new narrative’ on the 1971 war.

Perhaps there are people seeking to do that, but journalists and researchers like myself are certainly not part of any such initiative. All that we are interested in doing is being able to articulate a more nuanced view of the 1971 war – and indeed of current political life in Bangladesh - which does not simply ignore research just because it happens to be inconvenient for one reason or the other. As the Guardian newspaper aptly put it: “Mature countries should be ready to interrogate their own history, and accept there are diverse interpretations of how they came to be.”

It is a terrible shame that Syed Badrul Ahsan seems to be set very much against that.

Sunday, April 10, 2016

Bangladesh Liberation War (Denial, Distortion, Opposition) Crime Law’

Last week, a New York Times oped criticised the breadth of the Bangladesh Law Commission's proposed new law, now titled, ‘Bangladesh Liberation War (Denial, Distortion, Opposition) Crime Law’ - often referred in short as the 'Liberation War Denial Crimes Act'.

This post provides a translation of the key sections of the proposed legislation. This text is almost identical to the text that was put out for expert consultation, and which was the basis of the NYT oped


As one can see, the offences are very broad and go way beyond 'denying' genocide or showing support for crimes committed during the war - which are the kind of offences found in the European 'holocaust denial' offences.

Section 4(2) sets out the offences - and is the crucial section.
"Any denial of the following subject in any media of any nature or in any manner will be considered as offence of distortion of the history of liberation war and will be considered as a crime 
(a) denying events that were for the preperation of the liberation war betwen 14 August 1947 to 28 Feb 1971 
(b) denying events that were for the preperation of the liberation war between 1 March 1971 to 25 March 1971 
(c) denying events that were for the preperation of the liberation war bweteen 26 March 1971 to 16 December 1971 
(d) Giving a malicious statement in any local or foreign media that undermines any events related to the liberation war 
(e) Misrepresentation or devaluation of any government publication, so far published, on the history of the liberation war; 
(f) Representing the liberation war history inaccurately or with half truth in the text books or in any other medium 
(g) Trivialising any information related to the martyrs, female war heroines, the killing of civilians, arson, rape and looting 
(h) Mocking any events, information or data about the liberation war 
(i) Committing contempt of the liberation war by calling the liberation war anything other than a historic fight for the nation’s independence

(j) showing justification for or publicising support for various criminal activities conducted by the Pakistan army in 1971 and Al Badr, Razaker, Al Shams and members of the Peace Committees As the Auxillary forces of the Pakistan army. 
(k) Showing support to the crimes against humanity, crimes against peace, genocide and other war crimes or calling into question or carrying out false propaganda about the trials that deals with these crimes."
Section 4(2) states that
"Any supporting activities of any kinds of activities mentioned in subsection (1) will also be considered a crimes under this law."
Section 5(1) states that the sentence for committing an offence under section 4 is from 3 months to five years imprisonment as well as a fine of upto Tk 1 crore.

Section 5(2) states that if anyone convicted for the crimes mentioned in section 4 repeats these crimes again, 'he will face double the punishment for what he received in the first offence' and that if someone is convicted for more than one crime at a time 'then punishment will be carried out in a consecutive manner.'

Section 6(1) states that anyone who provides any assistance or conspires to commit an offence he will face the same punishment as the principal offender

Section 7 sets out the procedure. It states that anyone can file a case in a police station or in a local court. If the case is filed in court, before taking the case, the court will analyse the allegation and question the alleged person and conduct the investigation as they consider appropriate. The trial will be conducted under the code of criminal procedure. The government can appoint one or more special prosecutor to conduct the prosecution.

Section 12 states that that the law applies to any Bangladeshi citizen who commits this offence outside Bangladesh.