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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 101
January 10, 2009

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Law week

Small and fresh
The small cabinet with fresh faces is something very rare in the arena of the political culture of the country, which has created a space for new leadership and political reforms, civil society members and educationists said.

Keeping most of the stalwarts out of the cabinet is the primary sign that Awami League (AL) truly wants a change, but incorporation of different party leaders into the cabinet made it a big challenge whether it will be able to work as a team, they said in reaction to the formation of the new cabinet. They also said the success of the cabinet mostly depends on the distribution of portfolios and the formation of the cabinet suggested that AL was very circumspect in the process.

“Such a change in the cabinet is a reform more than the reforms the so-called reformists wanted to bring about except the minus two formula,” Dr Akbar Ali Khan, Regulatory Reforms Commission Chairman, said. He said the cabinet is small and comprised of mostly new faces, which is very different from the traditional cabinets of the country and will help emerge new political leadership. -The Daily Star, January 7, 2009.

Many laws among ordinances
The caretaker administration led by Fakhruddin Ahmed has handed over power to the Awami League-led government along with the fate of at least 114 ordinances to be decided about in the first 30 days in parliament. The political government also has to decide about three more ordinances promulgated by President Iajuddin Ahmed-led caretaker government in 2006. The law ministry has already initiated steps so that the government can complete the huge task within the stipulated time, ministry sources say. The sources add proposals of two more ordinances -- Local Government (Union Council Amendment) Ordinance and Educational Institution Governing Body Ordinance -- await the president's approval for promulgation.

Overall, it promulgated 42 ordinances in 2007 and 72 in 2008. Of the 114 ordinances, 44 are regarding fresh laws and 70 concerning amendment to the main laws. Promulgation of some ordinances including the one amending Criminal Procedure Code (CrPC) to meet the longstanding demand for separation of the judiciary also yielded huge appreciation. -The Daily Star, January 7, 2009.

Govt moves to right flaws in DAP
The government has formed an expert committee to review the proposed Detailed Area Plan (DAP) within the next 30 days and recommend ways to correct its flaws and make it suitable from both housing and environmental points of view.

The timetable to finalise the DAP has also been extended by another six months.

The 12-member committee, comprising urban experts and environmentalists, was formed on January 1.

Floated in 2004, the DAP was scheduled to be finalised by December 31, 2008. However, it was the plan could not be finalised as it was recast several times.

Experts and environmentalists have earlier raised strong objections about the DAP citing some serious flaws in it, which they said would have a terrible impact on urban life and the environment.

They also complained that the DAP appeared to have been prepared in such way that it would only serve the purposes of real estate developers. -The Daily Star, January 6, 2009.

New power policy to buck up local investors
The caretaker government last month approved a policy welcoming greater participation of local private entrepreneurs in the power sector and their wider involvement in selling electricity to large consumers.

The Policy Guidelines for Enhancement of Private Participation in the Power Sector, 2008 welcomes foreign private investors as before. But for the first time, it opens up for local investors the same financial incentives offered to foreign investors spelled out in the articles 5 and 6 in the Private Sector Power Generation Policy, 1996.

These incentives include exemption of corporate income tax for 15 years, 12 years duty-free spare parts import worth maximum 10 percent of the original value of the plant, freedom for investors to buy insurance of their choice, tax exemption on royalties, technical know-how, tax exemption on interest on foreign loans, capital gains from transfer of shares, among others. -The Daily Star, January 6, 2009.

Hasina acquitted as police give final report
A Dhaka court acquitted Awami League (AL) President Sheikh Hasina of the charges laid against her in the barge-mounted power plant case filed by Tajul Islam Farook, chairman of Westmont Power Co (Bangladesh) Ltd.

The court of Metropolitan Magistrate Tania Kamal delivered the order after Officer-in-Charge of Tejgaon Police Station Lutfor Rahman submitted the final report of the case before the Chief Metropolitan Magistrate's court.

Farooq had filed the extortion case with Tejgaon PS on April 10 last year under the non-bailable sections of the Penal Code but withdrew it on December 23. He submitted an application to the Tejgaon Police Station OC, requesting him to take necessary steps to withdraw the case, which is now under investigation.
-The Daily Star, January 5, 2009.

Cut ties with war criminals
Sector Commanders Forum (SCF) has urged BNP to sever relations with its ally 'war criminals' party Jamaat-e-Islami, and help bringing these criminals to trial.

BNP's refusal to meet the demand for trial of war criminals was one of the main causes of its debacle in the December 29 parliamentary election, the forum said.

Leaders of the forum demanded that the newly elected government (yet to be formed) start the trial process very soon.

They also demanded that the coming government activate International War Crimes (Tribunal) Act 1973, set up chief prosecutor's office or constitute a commission in this regard, reactivate Collaborators Act repealed in December 1975 and formally seek help of the United Nations in trying the war criminals. They also urged revival of the 1972 constitution. -The Daily Star, January 4, 2009.

Female RMG workers sought in Romania
Irked by Bangladeshi male workers' strike and leaving jobs violating contracts, employers in Romania are now interested in recruiting skilled female workers from the readymade garment sector in Bangladesh.

They even agreed to pay the airfare for the female workers as they might not be able to pay the high cost of moving to that country, Kefayet Ullah, deputy secretary of the Ministry of Expatriates' Welfare and Overseas Employment, told The Daily Star after his recent visit to Romania.

Recently, around 200 Bangladeshi workers of a garment factory in Romania went on a one-week strike demanding pay hike. Earlier, many workers left their jobs and went to nearby European countries violating their job contracts. This irritated their employers.

Since the beginning of manpower export to Romania in January last year, through the initiative of a recruitment agency, around 800 workers found jobs mainly in the garment and construction sectors there. But over 400 workers left their jobs and moved to countries neighbouring Romania. -The Daily Star, January 4, 2009.


Corresponding with the Law Desk
Please send your mails, queries, and opinions to: Law Desk, The Daily Star 19 Karwan Bazar, Dhaka-1215; telephone 8124944,8124955,fax 8125155; email: dslawdesk@yahoo.co.uk,lawdesk@thedailystar.net

 
 
 


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