Soldiers of Press, and IHL

http://www.thedailystar.net/law/2008/08/05/monitor.htm

International Humanitarian Law and press

By Julhas Alam with Samaha M Karim

This is not an irrational question at all: Why does a journalist need to know about law? Being journalists, especially at the time of complexity through which the world is going on, the matter has come to our minds very pertinently. When it comes to the International Humanitarian Law (IHL), a reporter who is interested to cover conflict must have a good idea about the rules of warfare. Why? Because journalists, who are deployed to cover war, are the “soldiers of the press”.

Kent Cooper, General Manager of the New York-based news agency the Associated Press (AP), used the term “soldiers of the press” in 1943 in an address to the AP Board of Directors to pay tribute to all who were then covering the World War II when Hitler stepped out on the road to ruin.

And war is all about chaos, killing, rape, destruction, and, of course, the presence of the “soldiers of the press” on the ground, no matter whatever the causes.

In this modern age of chaos and brutality, understanding the IHL and keeping it in mind under fire is not a luxury.

Being the prime advocate of promoting IHL and spreading knowledge among the journalists, International Committee of the Red Cross (ICRC) has put it this way:

"Whether IHL is respected or violated is an important part of the story in contemporary armed conflicts. Violations of the laws are often at the origin of humanitarian and political crises. When combatants break the laws it can affect the success of their mission. It is increasingly likely that alleged war criminals will be prosecuted and it is important to understand the legal background to such proceedings when reporting on them."

"Understanding what certain actions and events mean in IHL terms will generate more quality war reporting. It will help journalists to ask pertinent questions, look at interesting angles, investigate the story behind the story, and feed the debate on the rights and obligations of the different actors in the field and beyond."

"Quality reporting from an IHL angle can make a difference. It can influence policy and decision-making as well as behaviours, i.e., increase the "will" to abide by the law, to fight impunity, to protect civilians."

While IHL mainly focuses on protection of civilians in conflict situations and puts limitations on the means and methods of warfare, it is also important for the journalists on the ground to be aware of dos and don'ts, no matter one is embedded or working independently. It is important because it is related to a war reporter's personal safety: whether he will be treated as a civilian or not during his assignment in a dangerous situation.

In a recent workshop by the ICRC some two dozen journalists from newspapers, news agencies and television channels get that important message: in reporting armed conflicts it is important for the journalists to know the rules of war.

Surinder Singh Oberoi, a former journalist and now the Communication Officer, ICRC, said: Had he known the law, namely the IHL, he would have been able to write better and his contribution would have been far more effective during his days in the profession.

He believes it is of crucial importance that journalists have some knowledge of the law.
For Bangladeshi journalists it was a great experience especially who are currently involved in global news organizations such as the AP. When it comes to broadcast journalism the knowledge of IHL is a must.

This is a brutal reality that people are dying in war across the globe in this 21st century and everything is getting more and more complex. In this South Asian region, conflict is a reality be it Kashmir, war on terror, Talibanism or crisis in Sri Lanka. Conflict in the Chittagong Hill Tracts is a past but civil disturbance can flare up anywhere in Asia or beyond, and Bangladeshi media will need to deploy their own people there for raw details. Bangladeshi media's presence is now very small in the conflict-ridden areas but being part of that to bring news and photos directly from the scene would be a reality soon to satisfy the audience.

The IHL, in layman terms, the rules of war, has become of great significance to those residing in a region of conflict and also those reporting armed conflicts.

In the two-day workshop on “Situation of Armed Violence-Emerging Challenges, Role and Responsibilities of Media” held on August 22-23, 2008 at the BRAC BCDM, Gazipur, Philippe Stoll, Communication Coordinator of the ICRC, explained some of the essential rules of the IHL.

* One being 'limitation', the IHL states that injuring the enemy is not unlimited, there ought to be a limit to the amount of harm inflicted on the enemy/combatants.

* Another rule signifies 'proportionality'. This is basically that the means and methods of warfare must not be excessive in relation to the concrete and direct military advantage anticipated.

* Concerning a major fundamental right - 'humanity' is another rule. This includes freedom from torture, degrading and inhuman behaviours. One may not inflict unnecessary suffering on another. One may not kill an individual who is unarmed or no longer actively involved in the hostilities and civilians.

* Another essential rule of the IHL is 'distinction'. It is important to distinguish between civilians and combatants. Another distinction is required to be made between the military objective and the civilian objects.

* The IHL also provides a framework for 'military necessity'. This allows a proportionate use of force in making an enemy submit, however it does not permit military necessity as an excuse for inhuman conduct and does not justify acts prohibited by the law. The IHL seeks to provide a balance between humanity and military necessity.

The IHL is applicable in two situations, in International armed conflicts and non-international armed conflicts. The Additional Protocol II applies in these circumstances providing protection of civilians.

Article 3 common to the four Geneva Conventions prohibits violence against civilians in conflicts “not of an international character” and expands the explicit prohibitions to include forcible displacement (Article 17) as well as “acts or threats of violence, the primary purpose of which is to spread terror among the civilian population” (Article 13). In recent times observance to the Geneva Conventions is universal.

Humanitarian organizations, as the ICRC, and journalists have certain moral obligations in common. They work as the voice of the victims to the authorities/powers. Persons working in these fields work to promote humanity and protection of the civilian population. In carrying out their tasks the common qualities they must convey are neutrality and impartially.

However, there are certain problems being faced, even though they are neutral, they are becoming the target. In recent times there has been increasing news of journalists being battered and killed. The emblem of the Red Cross used fraudulently in illegal activities hampering the universal neutrality and trust they represent.

The ICRC has showed interests to launch training programme for journalists through practical demonstration in the area of war reporting. That would be a great scope as knowledge about law only cannot equip adequately somebody to work on the ground in a dangerous condition. That can be a step forward for quality journalism, war journalism.

Julhas Alam is Correspondent of the Associated Press (AP), based in Dhaka and Samaha M Karim is working with Law Desk

Crossfire drama

Back from 'crossfire'

Abu Noman Sajib and Golam Mortuja Antu
bdnews24.com correspondents

Dhaka, June 28 (bdnews24.com) – Blindfolded, the man was driven away by the elite RAB force in a microbus from Kaliganj on the other side of the Buriganga. After some time, the black cloth was taken off.

"I understood the place was Shayestaganj in Lalbagh. From there I was taken to a vacant place in Postogola area. They tried to tie me down. I tried to resist. The RAB men fired blank and shouted, 'The terrorist is fleeing. Catch him. Shoot him.'"

"One of them rode on my chest and started beating me. All the time they were asking me to give them the firearms," says Mohammad Babul, 30, of Ispahani area in Aganagar of Dakhhin Keraniganj in Dhaka.

RAB said he was a suspected criminal, an allegation he laughs off.

"One of them said, 'Shoot him in the leg.' One shot me on the right leg. I screamed in pain. Another said, 'Shoot him again' and I took another bullet in my leg. I was praying to Allah all the time (for my life)."

A RAB officer told the officer-in-charge of Lalbagh Police Station on the phone, "We have caught a terrorist from your area. Come over."

"A police car came in and I was taken into it."

From his bed at Dhaka Medical College Hospital, Babul, a clothes trader, recounted how he had survived 'crossfire'.

A bdnews24.com correspondent was stopped at first by policemen from talking to Babul in hospital, as he was under police custody. A phone call to the Lalbagh police chief resulted in the correspondent getting two minutes to speak to Babul.

As Babul was speaking, his wife was wiping tears, her three-year-old son in her arms.

Babul said that he was lucky to be alive and that he was not involved with any criminal activities, a claim the police statements support.

RAB hold onto the "crossfire" story, though. They claim Babul is a 'top terror'.

RAB officials said after the arrest on Thursday afternoon—Wednesday evening, says Babul—when they along with Babul had gone to recover firearms Babul's "accomplices" used to fire on them.

Babul tried to flee during the firefight and received bullet injuries, RAB claimed.

Babul told bdnews24.com that he had gone to Kaliganj to realise dues Wednesday and a team of RAB-10 arrested him there.

"At about 8pm a team of plainclothes RAB personnel suddenly showed up and asked me to go with them. They took me into their vehicle. At about 9:30 pm they took me to the RAB-10 headquarters at Dhalpur in the capital.

"There they beat me. When I asked them what my fault was, a RAB officer said, 'You have mugged Tk 24 lakh. Where are the arms? Bring them out.'

"I said I have no arms but they weren't listening. They detained me there."

"They took me to Shayestaganj in Lalbagh early Thursday morning for 'crossfire'," Babul said.

Babul admitted to bdnews24.com that there had been a fraud case against him.

But he said he had never been involved with criminal activities.

A RAB-10 official, flight lieutenant Mostafa Humayun Kabir said to bdnews24.com: "Babul is a listed top criminal of Kotwali-Islampur area. There are at least seven extortion and fraud cases against him. Most of them are with Kotwali police."

Kotwali police chief Abdul Hannan told bdnews24.com Friday, "There are a number of fraud cases against Babul. But he is not on the list of criminals, let alone being a top criminal."

RAB's Kabir insisted, "Babul is one of the masterminds behind the mugging of Tk 13 lakh, done by exploding bombs in Islampur area in the first half of this month."

On quizzing Babul, the law-enforcers retrieved a revolver and two rounds of bullet, Kabir said.

RAB-10 commanding officer SM Kamal Hossain alleged: "Babul is a criminal in the guise of a clothes trader. He also ran a syndicate of brand forgers and sold counterfeit clothes."

RAB director general Hasan Mahmud Khandaker told bdnews24.com: "I heard about the incident, but I don't have further details."

RAB was formed on March 26, 2004 during the rule of the BNP-Jamaat alliance government as a specialised force to check crimes. With officers drawn from the army, air force, navy and police, the elite force swung into action on April 14, 2004 with the slogan "War against terrorism".

Human rights leader Sultana Kamal said: "A criminal, however notorious, should be tried under law."

Bangladesh signed the United Nations convention against torture which means the country must prevent extrajudicial killings and torture, said the former caretaker government adviser.

RAB courted controversy for killings in so-called crossfire, which international human rights activists describe as extrajudicial killings. They accuse RAB of simply shooting suspects to death after arrests and making up story of armed gunfight with the cohorts of the suspects.

Human-rights organisation Odikhar recorded 184 extrajudicial killings by law-enforcement agencies in 2007, with 94 of them in the hands of RAB officers.

(REUSED WITH PERMISSION)

Biodiversity Action PLan

http://www.bcas.net/Env.Features/Biodiversity/2004/April2004/1%20to%2015.htm

National Biodiversity Strategy And Action Plan

A long way to home “Biological diversity” means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems — Convention on Biological Diversity.

by JULHAS RIPON (NOTE: I used to write as Julhas Ripon when I was in newspaper: Julhas)

The bad news first— around one hundred of 6,000 species of plants known from the country are listed as threatened. Many others, especially medicinal plants, are under severe threats due to loss of habitat and over harvest. Around 220 species of vertebrate animals including fish, amphibians, reptiles, birds and mammals have been listed in the Red Data Books of Bangladesh as they are faced with the threat of extinction. An analysis of the past and present trends in animal extinctions and population decline has suggested that species that are dependent on the aquatic ecosystem are more vulnerable. On the contrary, amongst plants, the most threatened, rare and endemic species are those that are found in the terrestrial forest ecosystem.

But all hope is not lost. There is good news yet. The country is going to get a national document for the first time with some proposed strategies and action plans to protect the country’s bio-diversity. The draft of the plan is already in place, and hopefully it will be finalised by June.

IUCN Bangladesh has prepared the draft, titled “National Biodiversity Strategy and Action Plan” with the financial assistance of the Global Environment Facility and in collaboration with the United Nations Development Programme.

The environment and forest ministry initiated formulation of the action plan in lieu of the fast shrinking biodiversity in Bangladesh and to fulfil the government’s commitment to the Convention on Biological Diversity.

Bangladesh is obligated to take steps for protection of biodiversity as a signatory to the convention.

But why does the country’s biodiversity need protection?

This is a vital question and some examples can be put forth for the draft action plan for better understanding of the issue. The draft says that major ecosystem of the country includes the beach and open sea, coral reefs, offshore islands, mangrove, estuarine and fresh water flood plains, haor and bil, natural lakes and forests. And the agro-ecosystems are vital to human livelihoods and economy as they contribute 17 per cent of the GDP.

Forests including the mangrove provide 90 million man-days of job opportunities annually and contribute 7 per cent to the GDP. The different aquatic ecosystems together provide for 11 per cent of the country’s export revenue through fisheries, offer jobs to 5 per cent of the work force and contribute 3.3 per cent to the GDP.

It is very clear that there exists a number of issues related to bio-diversity and its conservation and management. It says over-exploitation of the natural resources, habitat degradation, aggression of invasive and alien species, environmental pollution, lack of awareness, lack of species inventory, inadequate knowledge on ecosystem structure and function, weak national information system, lack of biodiversity concepts in environmental education curricula, lack of institutional capacity, poor co-ordination in management and planning, absence of a national body or institution for bio-diversity conservation issues and lack of synergies are the major issues which must be understood and thus go for action.

“The need for a formal institutional set-up for conservation of the green sector has been strongly emphasised in the National Conservation Strategy and National Environment Management Action Plan document. This is also in response to the demand by environmental activists, conservationists, civil society, NGOs and others to have a permanent set-up to deal with the biodiversity conservation issues of the country in a coordinated and integrated manner” according to the draft.

The action plan of the draft will deal with such issues as biodiversity documentation and valuation, bio-safety procedures and standards to deal with genetically modified organisms, establishment of an implementing mechanism for the plan, review and completion of biodiversity-related legislation, and linking biodiversity conservation to climate change, livelihood and poverty. The plan envisages identification and mapping of biodiversity hot spots.

“Biodiversity hot spots are the localities that sustain high numbers of species with a significant proportion of rare, endemic and threatened species who are faced with enormous threats of habitat loss and degradation. Twenty-five hot spots have been identified in the world and Bangladesh is in close proximity to the Eastern Himalayan biodiversity hot spot,” said the draft action plan.

The draft action plan suggested development of a national system of protected areas. It advocates establishment of a bio-sphere reserve in the hilly parts of Chittagong and the Chittagong Hill Tracts, declaration of Saint Martin’s Island as a national park, conservation of biodiversity of other islands such as Moheshkhali, Sonadia, Kutubdia and Nijhum Dweep, conservation of biodiversity in the newly accreted coastal zones, development of conservation plans for ecologically critical areas and declaration of more habitats such as oxbows namely Jhapar and Bukbhora baors, Kaptai lake (man-made) and natural lakes as ecologically critical areas.

For the promotion and monitoring of sustainable fisheries, the draft plan says for establishment and management of fish sanctuaries both in fresh water and marine ecosystem includes ‘brush piles’ in fresh water ecosystem, protection of Halda River mouth as fish breeding ground. It also emphasises on the development of an agro-biodiversity conservation plan as the introduction of high yielding varieties and changes in management practices agro-biodiversity of the country are eroding at an alarming rate. Currently the country has no facilities for conservation of recalcitrant seeds or vegetive propagated plants.

IUCN country representative Dr Ainun Nishat, at a workshop recently said that they had adopted both the ‘top-down’ and ‘bottom-up’ approaches to make the action plan participatory. “It will be an open-ended document that will be and should be reviewed and updated time to time in line with new international developments and emerging national priorities.”

Nishat said most countries in the region had already made certain progress to this end and a huge amount of foreign grants had been allocated for conservation of biodiversity.
India and China have been successful in attracting millions of dollars while Bangladesh lags far behind, he added.

Environment Secretary Syed Tanveer Hussain said Bangladesh should make efforts immediately to examine WTO implications for possible negative impacts on the biodiversity and environment sector after 2005, when a new regime of competition and domination will dictate everything in the international arena.

Minister for Environment and Forest Shajahan Siraj said the government is determined to institutionalise biodiversity conservation issues, and is also working for enactment of new regulations and review of existing laws in this regard.

Of course, the government and NGOs will be capable of attracting huge funds from the outside in the name of various projects for conservation, which is positive undoubtedly But will it help us check the degradation of the environment or extinction of our very own species in the future?

Source: Daily New Age, April 14, 2004 (www.newagebd.com)

Free Hasina

Washingtonpost

Freed Bangladesh ex-leader leaves for US

By JULHAS ALAM
The Associated Press
Thursday, June 12, 2008; 6:29 AM

DHAKA, Bangladesh -- A former Bangladeshi prime minister left for the U.S. on Thursday for medical treatment a day after she was released from jail pending a corruption trial, a party leader said.

Ex-Premier Sheikh Hasina boarded a British Airways flight Thursday from Dhaka's Zia International Airport, ATN Bangla television station reported. Syed Ashraful Islam, a close party colleague, confirmed she had left for the U.S. after seeing her off at the airport.

She is to be treated for hearing impairment, eye problem and high blood pressure, her Awami League party said.

Hasina, 60, was arrested last July on various charges of corruption and was freed Wednesday for eight weeks after 11 months of pretrial detention. No date has been set for her trial.

She and her party have rejected the charges, saying they are politically motivated to prevent her from running in December elections meant to restore an elected government. Bangladesh has been run for more than a year by an interim government that has jailed dozens of politicians, former bureaucrats and business leaders on corruption and other charges.

Hasan Mahmud, a personal aide to Hasina, said Thursday that the release was temporary but unconditional.

"She will definitely return to the country after her treatment completes," Mahmud said.

After the release, Hasina held a meeting with four influential advisers of the military-backed interim government following a party meeting late Wednesday. Hasina also talked to Bangladesh's interim leader Fakhruddin Ahmed by phone during Wednesday's meeting.

Islam, the political aide, later told reporters the party has decided to join a government-sponsored dialogue in the run-up to the national polls, expected to be held in December.

Political analysts and newspaper editorials see Hasina's release and the government talks as a positive sign for reconciliation in Bangladesh's ongoing political crisis.

"Sheikh Hasina's release is obviously a sign of new and dramatic development in national politics," the English-language Daily Star daily said Thursday in an editorial.

The interim government came to power in January last year by declaring a state of emergency after weeks of violent street protests over electoral reforms.

The government has launched a massive crackdown on corruption and arrested Hasina and her archrival, former Prime Minister Khaleda Zia, and Zia's two sons as well as many other businessmen and former bureaucrats. Zia also denies the charges.

Before 2007, Hasina and Zia had alternately ruled Bangladesh following its return to democracy in 1991, but under both leaders the impoverished country was labeled as one of the world's most corrupt nations by Berlin-based Transparency International.

Local media have indicated that Zia and her sons may also be freed from pretrial detention following the example of Hasina's case.

© 2008 The Associated Press

Bangladesh prepares for disasters

http://malaysia.news.yahoo.com/ap/20080603/tap-as-gen-bangladesh-preparing-for-disa-d3b07b8.html

Bangladesh prepares for future storms in wake of cyclone in Myanmar

By JULHAS ALAM,Associated Press Writer AP - Wednesday, June 4

PATUAKHALI, Bangladesh - Children in this small coastal town in southern Bangladesh know the storms will come again.

The people of Patuakhali are used to getting battered by tropical cyclones, and though last month's devastating Cyclone Nargis changed course at the last minute and missed them, authorities are not taking any chances that they will be so lucky in the future.

In the wake of that storm, which left at least 134,000 people dead or missing and more than 2 million homeless in Myanmar, Bangladesh is expanding a disaster preparedness program that has already won international praise and been credited with saving an untold number of lives.

At schools across the flood-prone south, thousands of students are practicing packing emergency kits, listening for warning sirens, and running for higher ground. Plans are under way to expand a network of 2,500 temporary shelters and volunteers are rehearsing their warning calls over megaphones and speakers.

The preparations have worked in the past. Cyclone Sidr killed 3,400 people last year and left millions homeless, a toll that aid officials said would have been far worse if not for emergency warnings.

Preparedness programs are relatively simple. All that is needed are effective warning calls, emergency shelters and access to food and clean water. In Bangladesh's case, the warnings are often sounded by megaphones attached to bicycle handlebars, while shelter can be simply concrete boxes on high ground.

Had Myanmar had such a program in place, scores of lives could have been saved, experts say.

ActionAid Bangladesh, a relief group working on disaster programs, is focusing on preparing children in the classroom.

"When a kid goes to school, he earns a voice in the family," said Farah Kabir, the group's director. "We want the kids to teach others what they learn at schools."

One of the students, Jayonto Roy, 12, said his family stayed in their home during last year's cyclone, even as their tin roof blew away in the storm.

"It was a nightmare," he said. "Next time I will definitely take my family to shelters and tell others to move to safety. I will make my parents understand why we need to move to safe places."

On a recent afternoon at a school in Patuakhali, children carried out an elaborate storm drill, learning skills such as persuading the elderly to head for shelter.

"It is exciting," said Mehedi Hasan, 11. "Now I know how I can survive during a storm and help others."

Bangladesh-Offshore gas

http://www.forbes.com/feeds/ap/2008/05/07/ap4981977.html

Associated Press
Bangladesh to allow exploration of offshore gas fields
By Julhas Alam

05.07.08, 3:29 PM ET

DHAKA, Bangladesh -Bangladesh will sign deals with oil and gas companies for exploration of new offshore gas fields by October to meet its growing energy needs, an energy official said Wednesday.

Muqtadir Ali, a Director of the government-run Petrobangla, said one domestic and six international companies, from including the United States and China, have taken part in a bid to explore gas fields in the Bay of Bengal.

The country called an international bidding in February, and Petrobangla opened the bid documents on Wednesday to complete evaluation of the proposals in three weeks for a final decision, Ali said.

The government may select more than one companies for the exploration, he said, adding that the final deals would be sealed by October.

The selected companies will have to drill exploration wells and conduct seismic survey after the deals are signed, he said.

The Houston, U.S.-based Conoco-Phillips, Australia's Santos International Pty. Ltd., Longwoods Resources of the U.S.-China joint venture, Korea International Oil Corporation, China National Offshore Oil Corp. (nyse: CEO - news - people ), known as CNOOC, and Bangladesh's Tullow are among the players that have joined the bidding.

"We are satisfied with the response," Ali said, as he unveiled the bid details.

Currently Bangladesh, with about 15 trillion cubic feet (425 billion cubic meters) of proven and recoverable gas reserves, is facing at least 100 million cubic feet of gas shortages a day.

Officials and experts say the crisis will aggravate in the near future.

The nation has only one offshore gas field, which is managed by the Edinburgh, Scotland-based Cairn Energy PLC. It has been producing gas from the Sangu plant in the Bay of Bengal since 1998.

Copyright 2008 Associated Press. All rights reserved.

River-linking project

Environmentalists decry India's river-linking project

Source: Copyright 2004, Associated Press
Date: August 24, 2004
Byline: Julhas Alam, Associated Press

DHAKA, Bangladesh — A proposed Indian plan to divert water from some South Asian rivers would turn parts of neighboring Bangladesh into desert and cause unseasonal flooding in Nepal, a regional meeting was told recently.

India wants to divert water from 37 rivers to its drought-prone areas by building reservoirs, dams, and canals. But Bangladesh officials object to the plan, saying it would reduce water levels in this South Asian delta nation and threaten the livelihoods of millions of people.

"We are very much concerned" about the project, Bangladesh foreign ministry official Reaz Rahman told a meeting of environmentalists and experts from Bangladesh, India, Nepal, and Pakistan.

Most of Bangladesh's 250 rivers originate from the Himalayas, traveling through Nepal and India before emptying into the Bay of Bengal.

Environmentalists warned the plan to divert water to India could turn parts of Bangladesh into desert, damaging the impoverished country's fishing and farming sectors.

"Such diversion will cause a disaster in Bangladesh," said Farhad Mazhar, an activist with the Bangladesh People's Initiative Against the River Linking Project, which organized the meeting.

Dipak Gyawali, a former water resources minister in Nepal, said the project would cause unseasonal flooding in the Himalayan kingdom where most of the rivers flowing through India and Bangladesh originate.

Rahman said India's new government, which took power in May, seemed willing to discuss the issue. Indian officials could not be immediately reached for comment.

http://www.waterconserve.info/shared/reader/welcome.aspx?Linkid=34485

Copyright 2004, Associated Press