Fear of losing the EU GSP system still not over

AppId is over the quota
AppId is over the quota

FE Report

German Ambassador to Bangladesh Albrecht Conze cautioned Bangladesh Saturday that the fear of losing Generalised System of Preferences (GSP) privilege in the EU countries has not yet been over as it does not depend on the decision of a national government.

He also said Bangladesh would have to face more severe effect out of cancellation of the GSP advantages than the US decision to cancel it.

"Would Europe consider suspending GSP privileges for Bangladesh, it would have much more tangible effect than the American decision because US decision effect was for many things but not for garment," Mr Conze said.

"I cannot say that the thunderstorm has gone away from the Bangladesh's sky which could erupt would Europe come to a decision to suspend," he added.

Mr Conze was speaking at the inaugural session of a roundtable discussion on 'Multi Stakeholder Consultation on National and International Initiatives for Workplace Safety in the RMG Sector in Bangladesh'. Bangladesh Institute of Labour Studies (BILS) and Friedrich Ebert Stiftung (FES) jointly organised the discussion at the Brac Centre Inn in the city.

BILS Vice Chairman Mojibur Rahman Bhuiyan chaired the session while Labour Secretary Mikhail Shipar, BILS Secretary General Nazrul Islam Khan and FES Resident Representative Henrik Maihack were present, among others.

Describing the changed scenario and damage of the image of Bangladesh to the German buyers after the two tragic incidents in Rana Plaza and Tazreen Fashions, the ambassador said the image of the country has suffered a severe blow in his country due to the media reports which held both the buyers and the Bangladeshi garment producers responsible for the incidents.

"The decision of suspending or keeping (GSP advantages) does not lie with the national governments in Europe," said he.

He explained the GSP affair is the EU's commercial policy which is 100 per cent centralised in Brussels.

"EU has been closely monitoring the situationÂ?.There is a reputational problem for this country now which gives headache for both Bangladesh and their foreign friends," said the ambassador.

He said if the national governments fail to do anything effective relating to improvement of the situation, media will force them to do it (cancellation of GSP).

"The heat is on and I hope everybody who is responsible fully understood this," said Mr Conze.

The ambassador noted six challenges that Bangladesh has to face with regard to the RMG industry and its future.

The first one is the need for overall coordination among the various international initiatives which can only be tracked down by specialists and not general people.

"Fund is not a problem now. The problem is implementation which can only be ensured when all these initiatives will have coordination," said Mr Conze.

BILS Assistant Executive Director Sultanuddin Ahmed made a power point presentation on 'Safety in RMG industry -- Recent Experiences, National and International Initiatives: An Overview'.

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Independent judiciary still a far cry

Three years into the separation of the country?s judiciary from the executive, people are yet to start getting full benefit of it excepting some progress in disposal of cases.

The lower judiciary is still in the hand of the executive. The government did not set up a separate judicial secretariat vesting the control of the subordinate judiciary in the Supreme Court.

Appointment of judges in the High Court Division and the Appellate Division of the Supreme Court is frequently drawing flacks. Millions of cases have remained pending with both the lower judiciary and the upper judiciary for over the years.

The lawyers in the Supreme Court are now and then engaged in bitter rivalry on narrow political issues much to the frustration of people. Poor budget for the judiciary is also hindering its development.

The legislative has brought big changes in the constitution through the Fifteenth Amendment bypassing a SC?s recommendation which was essential for establishing an independent judiciary.

The SC in its judgment on the Fifth Amendment says, ?It is our earnest hope that Articles 115 and 116 of the constitution will be restored to their original position by parliament as soon as possible.?

But the parliament did not restore these articles to free the lower judiciary from the control of the executive.

Article 116 of the original constitution of 1972 says, ?The control including the power of posting, promotion and grant of leave and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the Supreme Court.?

But now the president who acts as per suggestions of the prime minister has the control over the lower judiciary. However the provision of ?consultation with the SC? has been inserted.

One of the 12 directives given in Masdar Hossain case says that the effect that parliament will, in its wisdom, take necessary steps regarding this aspect of independence of judiciary,? the SC said.

Until and unless the unamended Articles 115 and 116 of the constitution are restored to their original position vesting the control of the subordinate judiciary in the SC the separation of judiciary will remain a distant cry.

In this situation reputed jurists are awaiting a positive change in the mindset of the politicians and also the legal professionals which can ensure independence of the judiciary and also institutionalise democracy.

Former adviser to the caretaker government Barrister Mainul Husein said though they had separated the judiciary from the executive during their rule, the independence of judiciary is yet to be established in real sense.

He blamed the mindset of politicians and also the politicisation of legal professionals for this.

?Judges should be appointed transparently to run the judiciary independently and impartially. We passed a law to set up the judicial commission for such appointment of judges independently,? he said.

?But the law was rejected by the political government when it came to power. Unfortunately even the lawyers did not protest it because of their political affiliation,? he added.

Mainul said, ?We made a draft for Attorney Service Law. As per the law Attorneys should be appointed independently. The attorneys will not be liable to change with the changes of the government. But the political government did not materialize it.?

He said: ?A separate secretariat for the SC, independent of law ministry, is a must. Now judges are appointed on political ground. Politicisation of judiciary is contrary to the concept of independence of judiciary.?

Justice Syed Amirul Islam said independence of judiciary is guaranteed under the constitution.

But hundred percent separation of judiciary from the executive is not possible due to some reality.

He said about the appointment of judges in the HC the appellate division in a verdict said that the chief justice will make the list of judges to be appointed in both the divisions of the SC in consultation with the senior judges on the basis of their skill and qualification.

If the ministry, after inquiring into the antecedents of the recommended persons, has any different opinion regarding anyone of the listed persons, they may inform the chief justice citing reason. These should be done in a transparent manner.

He said, ?It needed seven years to implement the directions of the SC in Masdar Hossain case. But the political government has retained some control in its hand while separating the judiciary. They have done it logically.?

Justice Amirul said, ?Magistrates are now absolutely independent in delivering justice. We have observed a remarkable progress in the judiciary after separation of judiciary. Rate of disposal of cases have increased. But that is not up to expectation.?

?When all organs of the state are ill-managed you cannot expect a sea change in the judiciary overnight. It will take time,? he said adding that politicians needed to be more responsible in their manners and conducts and the democracy need to be institutionalised further.

Source: daily-sun.com

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