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October 17, 2004
Pakistan, Bangladesh and the Stateless People

Dr. Syed Ehtisham writes about the politics and the history of Bangladesh and its relationship to the stateless people in Bangladesh.

East Pakistan was born on August 15,1949 as a less favored twin of West Pakistan.
I call the then East Pakistan, now Bangladesh less favored advisedly. Although the birth place of Muslim league, the only province with Muslim League Government at the time of independence, with a credible history of rebellion against the British Raj in the nineteenth Century, the direct antecedent cause of the British and Indian national congress giving in to the demand for Pakistan ( Calcutta Direct Action Day), more in population and endowed with the only worthwhile source of exchequer, jute, that the country had. Yet the dominant leadership of the country was immigrant, leaning towards West Pakistan, choosing Karachi in West Pakistan as the Federal Capital. Among the 85 senior civil servants inherited from the British, only one was of East Pakistani origin. The Army was overwhelmingly of West Pakistani origin.
Pakistan had no common national language. No doubt urdu, a highly developed language inherited from the later Moghals, was understood by many all over Pakistan but was the mother tongue of only the immigrants from North India roughly 5% of the population.
Bengali on the other hand was spoken by the majority of the population of the country, was highly developed too, but was not understood in West Pakistan.
Jinnah the founder of Pakistan had an idealistic and unreal vision of a united people, secular, democratic and above ethnic or linguistic divisions. He had had his way for too long to brook any opposition. When Sindhi students protested against separation of Karachi from Sindh ( as Federal Capital) his response was “ Do you accept me as your leader?”. Yes the students said, “then accept my decision and go back to your class”.
He went to Dhaka and declared in a public meeting that Urdu and only Urdu will be the official language of Pakistan. Few had the courage to protest (Mujib the leader of Bangladesh’s war of independence later claimed that he was among a dozen or so protestors)
Jinnah died before he could have a constitutions framed or have national elections held. His chosen successor Liaquat Ali Khan, had far less acceptance,nevetheless he also went to Dhaka to declare Urdu as the only official language and war greeted by a large number of black flags.
Democratic process was subverted by the Evil quad,( Feudal lords, Armed services, Civil Servants and Mullahs) all of them concentrated in West Pakistan. They did not want to accept the principle of representation proportionate to population as East Pakistan would have a “permanent majority. All Liaquat could do was to get the constituent assembly to pass a basic principles resolution, effectively repudiating Jinnah’s vision of a secular democratic state.
No one had the foresight to reach a compromise of two official languages, leaving the issue as a festering sore in body politic, till much later when it was reluctantly accepted, but damage to the concept of one nation had already been done.
The evil quad could not countenance even the civilian rule; Liaquat was assassinated, Nazimuddin who had succeeded Jinnah as Governor General (G.G.Head of State) stepped down and took over the office of Prime Minister (P.M.Head of Government) and Ghulam Muhammad, erstwhile civil servant/finance minister became the G.G. Nazimuddin was a very weak person, was soon thereafter, dismissed even though he enjoyed the majority support in the parliament and had the annual passed just before dismissal. After riding the storm against PM’s dismissal, G.G. sacked the parliament as well.
The reason G.G. was able to get away, with blatant violation of established constitutional procedures was because of the fact that no national elections had been held, and the constituent assembly had lost legitimacy. There had been only one major election, that in East Pakistan in which the ruling party had suffered a devastating defeat, winning ten out of over three hundred seats, even the chief minister lost his seat to a college student.
Ghulam Muhammad appointed Army officers to his cabinet (Army chief Ayub khan was given defense portfolio). After Ghulam Muhammad died, there were unruly incidents. East Pakistan assembly deputy speaker was struck by a chair, and later died as a result. Ex army officer Iskander Mirza inherited the position of G.G, indirect elections were held and there followed a period of horse trading, changing of PMs equaled only by the Italians.
East Pakistan leaders finally agreed to numerical equality of seats for the two wings in the constituent assembly. A constitution was passed; the patently non-representative assembly started calling itself parliament, elected Iskander Mirza as President and general elections were scheduled for January 1959.
A representative parliament would have been detrimental to the interest of the evil quad, a center-left coalition was likely to win, would have enjoyed public support and international legitimacy, and would have increased investment in development and public services, reduced expenses on Armed forces and very likely abolished the feudal system (India did that soon after independence, East Pakistan did it about the same time). Feudal lords are by and large the progeny of the traitors who had supported the British against their fellow Indians in 1857.
The solution was breathtakingly simple. Iskander Mirza sacked the parliament declared Martial law and appointed the Army chief as Chief Martial Administrator (CMLA). Not to be outdone, a few weeks later, the CMLA fired the president and exiled him to England. (To give the devil his due Iskander Mirza supported himself by working as a Manager of an Indian restaurant. Rulers in Pakistan, Politicians, Army officers, and Civil servants before Ayub Khan were politically corrupt but fiscally honest).
Ayub Khan was immensely popular, he managed the country as a military institution, streets were cleaned, trains ran on time, civil servants became punctual, black marketeers were arrested and politicians jailed. Ayub was hailed as a savior. But he didn’t have political vision. Instead of cashing in on his popularity, he suppressed political activity and introduced “Guided Democracy” in which an electoral college of 80,000 directly elected basic democrats would elect the national and provincial assembly members and the President. He won handily in 1960.
In 1964 elections, opposition parties were able to persuade Miss Jinnah, the sister of the founder of Pakistan, popularly known as Mother of the Nation and venerated as such, to contest for the office of the President against Ayub Khan. Ayub won, but only because official machinery was able to cajole, coerce or bribe the limited electorate to vote for him. His legitimacy was undermined.
Ayub decided to regain his place in the hearts and minds of the people by sending infiltrators to across the cease fire line to Indian held Kashmir, regular troops followed, India attacked across the international border at Lahore. A few weeks fighting ended in stalemate.
It was claimed by opposition leaders in East Pakistan that their part of the country was left defenseless, at the mercy of Indians. That the claim was true or false, I cannot say, but it caught the imagination of East Pakistanis and the perception was most effectively exploited by Shaikh Mujib and other nationalist leaders.
Ayub became more unpopular, lost respect of the people and began floundering. A conspiracy against the state was “discovered”. Shaikh Mujib and a few insignificant Army personnel were implicated, the case was tried with maximal effort at publicity but met with only luke warm reception bordering on incredulity. The case had to be withdrawn and Ayub was forced to parley with Mujib on equal level thus losing all credibility and turning Mujib into a hero in shining armor.
In West Pakistan Bhutto was trying to take advantage of the ceasefire agreement subsequent to the war calling it a sell out. Nobody paid much attention to him till Ayub put him in prison.
Ayub resigned, handed over power to Army commander in chief (violating his own tailor made constitution, which enjoined upon him to hand over power to the speaker of the national assembly).
The army commander, an alcoholic and a debauch, was advised by the generals, civil servants and politician that there was no harm in holding a general election based on adult franchise, the result would inevitably be a hung parliament, he would remain the president and could indulge in horse trading again as did Ayub’s predecessors.
Mujib in East Pakistan launched a campaign based on six point program which, if implemented, would result in a very weak federal government. The army fully confident that Mujib would not have an overall majority in the resultant parliament allowed him a free rein.
In west Pakistan Bhutto gave the slogan of Roti, Kapra, and Makaan (roughly food, clothing and shelter) for all.
There was another charismatic leader in East Pakistan Maulana Bhashani, popularly dubbed “Red Mullah” who preached a curious mix of Islam, socialism, nationalism, and internationalism. He had a large following among peasants and workers. His party was expected to win nearly as many seats as Mujeeb’s Awami league.
A hurricane of unusual ferocity hit East Pakistan. Bhashani demanded, with justification, that the Government look after the victims of the disaster and postpone elections. But Mujeeb had smelled blood and West Pakistani leaders and Army didn’t care. Elections gave Mujeeb159 seats out of 161 of East Pakistan’s seats. Bhutto won some 80 out of 149 West Pakistan’s seats. Mujeeb had won overall majority in the new parliament. Yahya Khan introduced him at a press conference attended by a large number of international journalists as the future P.M. of Pakistan.
They negotiated, Mujeeb stuck to his six points, Bhutto conspired with Generals, hysterically threatened to break the legs of any members of the parliament who went to Dhaka to attend the inaugural session of the parliament. Yahya postponed the meeting of the parliament, Mujeeb’s party took over the reins of power in East Pakistan. Army transported large number of troops to East Pakistan and when they were ready, in a fell swoop disarmed East Pakistan rifles and militia arrested Mujeeb unleashed a reign of terror.
Having anticipated the events, most of Mujeeb’s political party leaders were able to escape to India. The army resorting to brutally harsh and indiscriminate measures of repression was able to cow down the popular uprising but millions fled across the largely unguarded border to India.
Now, let us retrace history to 1947. Pakistan inherited little infrastructure. Migration of Non-Muslim civil servants, teachers, businessmen, doctors and industrialists had left the country destitute in more than one sense. Muslims migrated to Pakistan and occupied property, houses, businesses, industries and jobs in the new country. In west Pakistan, large number of East Punjabis (India) migrated to West Punjab(Pakistan) and were speedily assimillated. Urdu speaking immigrants ended up in Sindh, where they were at the time welcomed with open arms and soon came to dominate all professions, businesses, industry, and the government jobs. Their number was significant and they became the majority ethnic group in all the major cities of Sindh.They also had jobs in the Federal Government out of all proportion to their numbers.
Urdu speaking immigrants moved to East Pakistan too, but though vastly outnumbered by Bengalis, still managed to capture most of the plum jobs and businesses.
Now, I would dare to go out on a limb. Urdu speaking people of Delhi, UP, and Bihar have an inborn sense of superiority (justified in their opinion) to others. They lived in the cradle of civilization inheritors of Moghal splendor in culture and looked down upon all comers as inferiors in all respects. They treated Bengalis, Punjabis, Pathans, Sindhis, and Baluchi nationalities native to Pakistan as a sophisticate would a “hill billy”. This superiority complex ran across religious lines- Hindus of North India harbor the same illusions as Muslims do. (I was born in a Muslim house in UP so I have a license to speak frankly). Curiously enough, for many years, all Non-Urdu speaking people meekly accepted the claim to superiority. In time, however, there was a backlash, when Ayub Khan dismissed all Urdu speaking senior civil servants whole sale with out charging them or allowing any appeal. The judiciary knuckled under Government pressure and declined to give relief against this illegal dismissal
The situation was radically different in East Pakistan. Here Urdu speakers made common cause with West Pakistan soldier, beaurocracy and business, denigrating Bengalis, their values and language.
After Mujeeb and Co. took over East Pakistan Non Bengalis were harassed, looted, killed and all real/ imaginary slights avenged. No doubt many innocents were victimized too.
When army took over, Urdu speakers and (many Bengali’s too) collaborated with the army.
But there is doubt what so ever that the vast majority of Bengalis vehemently opposed Army occupation and even with its vast superiority in arm and organization the army was barely able to keep control. India led by an astute, legitimately elected and widely respected Indira Gandhi, demanded that Pakistan take back millions of refugees which were an intolerable burden on its resources. She went on an international tour, was lionized in all capitals and assured of support for her cause.
Pakistan sent a civil servant. Even middle grade state Department officials declined to meet with him and some won’t even tell him the time of the day. Further Pakistan’s leader, generally in alcoholic daze, exhibited a lack of sophistication in international dialogue unequalled till lately.
On her return from a highly international tour, Indira gave Pakistan an ultimatum to withdraw its army or else. Pakistan refused, India attacked, Pak army put up a show of resistance, went on a rampage, killed as many educated Bengalis as possible and ignominiously surrendered to the Indian army.
Mujeeb being in custody in West Pakistan, his number two Tajuddin was installed as acting President of the New Nation of Bangladesh. He ordered that the property , businesses and industries of all collaborators, Urdu as well as Bengali speakers, he seized and distributed among his party members.
The freedom fighters went on a rampage in their turn, killing and looting Non-Bengali and Bengali collaborators, the latter belonging mostly to religious parties. The Indian army managed to protect 90,000 Pakistan Army and civilian personnel and their families and transported them to prison camps in India.
After protracted negotiations between Bhutto now the President and Indira, Mujeeb was released and Pakistani prisoner of war returned to Pakistan.
There were according to generally reliable sources, some 560,000 non-Bengalis were now totally destitute and were herded into refugee camps. Mujeeb did offer them BD citizenship if they renounced Pakistan’s citizenship. Most declined the offer.
Pakistan agreed to take back government servants, West Pakistanis serving at the time in East Pakistan and caught in the civil war and those who could establish that they had close relatives in (West)Pakistan. About 175,000 were repatriated.
The remainder persisting in their claim to Pakistan citizenship was left stateless in camps supported by international agencies.
Pakistan faced international condemnation on its refusal to accept what were, under all legal norms its citizens. Saudi Arabia donated 50 million rupees (Equivalent to about $10million) for repatriation. A trust fund was established. About a thousand houses were built in Punjab, a few thousand persons were brought from BD, but there was strong opposition in Sindh (the home base of Bhutto) where it was felt that all repatriates would end up among the Urdu speakers already there Sindhis complained loudly and openly that these people were welcomed as brothers but treated us shabbily, already controlled all cities and businesses and no more would be tolerated.
Succeeding heads of government of Pakistan have since made pious noises and promises but have lacked the will or the motivation to bring stranded Pakistanis back to the country they swear allegiance to.
The trust fund in the meanwhile is reported to have grown to 690 million rupees.held in escrow, jointly by Saudi and Pakistani Governments.
A few Urdu speakers born in BD recently went to BD supreme court and the court ordered that all born since independence of BD were entitled to all rights and privileges as citizens. That leaves some 240,000 persons in legal limbo. (I understand Pakistan government has now definitely disowned them).
A petition for presentation to Pakistan supreme court is being prepared asking the court to order the Pakistani government to fulfill its legal and moral obligation to accept its stranded citizens.
Now, if any idea is quixotic this is it. Successive Pakistan Governments have shamelessly manipulated the superior courts of Pakistan. Bhutto openly threatened judges, going to the extent of getting a judge’s daughter kidnapped. (Prior to Bhutto the superior judiciary willingly emasculated itself by legitimizing dismissal of parliament by Ghulam Muhammad and the Ayub’s martial law), Zia Ul Haq who rigged the court to get a death sentence for Bhutto and Benazir Bhutto insulting the chief justice of supreme court, so the poor man publicly complained that he was not a domestic servant., Nawaz Sharif intriguing with superior court judges to remove the chief justice even resorting to sending gangsters to assault the CJ while he was presiding over a trial, beating up journalists who tried to record the attack, Musharraf attending a play against which a high court had given injunction.
All dictators from Ayub Khan down have promulgated an ordinance called legal frame work order (LFO) which effectively restricts all judges from taking under advisement any acts of the military dictators. Any judge not signing the LFO automatically loses his/her job.
Taking a case to the superior judiciary in Pakistan is an exercise in futility because even if the courts were to decide against the government the latter is unlikely to take any notice and who will enforce the order?
A moral issue, without power brokers backing it, is a non issue in practical politics. Unless big powers ( specially U.S.A ) and international agencies and media take interest and exert pressure on Pakistan government the issue will remain on the back burner and I don’t see any way that big powers can be made to take interest unless they can be pursuaded that the situation is spawning terrorists, which it may very well be doing.
Unpleasant, unpalatable, even outrageous though the idea may seem, stranded Pakistanis should deal with Pakistani Government the same way the latter have dealt with them- Disown, discard, repudiate and condemn the Pakistan Government, appeal to Saudis to release the fund in escrow for rehabilitation and accept BD citizenship if it is still on offer and make sincere effort at assimilation.

Dr. Syed Ehtisham is an orthopaedic surgeon based in New York who was born in India and grew up in Pakistan and has been following South Asian politics closely.

Posted by collective at October 17, 2004 05:47 PM
Comments

Dr. Syed Ehtisham article regarding the history of immigrant to Bangladesh was quite impressive, that covers a lot of avenue.

I recently visited (July 2004) to some camps in Bangladesh, and developed the web site www.obathelpers.org to get the word out about these peoples.
How can i contact with Dr. Syed Ehtisham, please let me know or forward my information to him.

Regards

Anwar Khan

Posted by: Anwar Khan on November 5, 2004 09:23 AM

The above article contains too many items to which I disagree and take exception, however I only want point to one that is relevent to the mission of our organization.
However flawed the judicial system in Pakistan we have to launch a petition in the Supreme Court to bring to justice the unconstitutionality of the actions of the government of Pakistan in respect of its own citizens. Until such a petition has been denied in the Supreme Court of Pakistan a similar petition can not be registered with any international human rights body, such as the United Nations Human Rights Commission. All we want is truth to be told and justice be done, if you or anyone disagrees with us that is alright.

Posted by: Syed Kamal on June 19, 2005 12:05 AM

Honourable Rulers of the world and their miniseters, officials and respectable Secretary to United Nation Mr. Kofi Annan,

It is not eventually necessary here to recall what was the cause of separation of East Pakistan from the West Pakistan or the "Liberation War 1971" but all of you are well informed and told by your officials and UNHCR how the life of stranded Pakistanis (BIHARIS) are!!!
They have endured untold hardships, lived in sub-human conditions in squalid camps over three decades and have seen most of their loved ones die during these years. They are the quarter of a million Pakistanis stranded in Bangladesh. These long-time refugees, most of whom have never seen the country they call home, feel they are an abandoned people.

We request the the world leaders, rulers, ministers, and International community of Judiciary, NGOs, Moderators, General Secretary of United Nation, President Pervez Musharaf, Prime Minister Shaukat Aziz, Federal Ministers, Government of Punjan, Sindh, Baluchistan and NWFP, Muslim worlds, Especially King of KSA (Saudi Arabia), Kuwait, United Arab Emirates, National Leaders like Makhdoom Ameen Faheem (PPP), Altaf Hussain (MQM), Qazi Hussain Ahmed and Maulana Fazalur Rahman (MMA), Sindhi Natinoalists, to please please come forward to resolve this long awaited humanitarian problem of PAKISTANI CITIZEN and divided families stranded in Bangladesh for over 35 years for the sake of JUSTICE and PEACE!!!!! May Allah (GOD) shower His Blessing to those who come forward to resolve this Humanitarian issue!!! (Ameen)

Posted by: aftab Alam Ashrafi on December 22, 2005 01:37 AM

www.statelesspeopleinbangladesh.net

above website will provide you enough documentary evidence and material for stranded Pakistanis called as Biharis......


Sincerest thanks for visiting this site. We are telling the world the tragic story of injustice to a minority in two countries. We bear no ill will toward Bangladesh or Pakistan. Our only objective is alleviation of sufferings of this minority. We are proud to be the most comprehensive source of information and evidence about the history of these the poorest of the poor, stateless people who are near extinction. We want to persuade you to take action. Everyone can make a difference, regardless of country of citizenship, race, ethnicity, or religion. Remember, we are all answerable for our actions and inaction to ourselves and to God Almighty.

A small linguistic minority who spoke Urdu lived in a region called East Pakistan. Most were from the Indian state of Bihar and had reached East Pakistan about two decades earlier to escape communal violence in India in 1947 when Pakistan was created. In their new country they worked hard and they prospered. Locals referred to them as Biharis. Biharis were often perceived as privileged, their language was unpopular and they stood for a united Pakistan. The Bengali speaking majority had many genuine grievances against the federal government, dominated by West Pakistanis. Eventually the Bengalis elected Awami League with an overwhelming mandate and demanded realignment of the political system as well as redress of their grievances. In March 1971 there was extensive violence against the Biharis in East Pakistan. (Read excerpts from Blood and Tears) The federal government was able to control the rebellion for a few months however a political compromise could not be worked out between East and West Pakistan. India intervened militarily on behalf of the Bengali population and a civil war turned in to an international conflict. On 16th of December 1971 Pakistan was defeated and East Pakistan became Bangladesh. (Learn History of Stateless in Bangladesh and Pakistan)

After independence of Bangladesh the flood gates of oppression opened wider, many thousands more Biharis were killed, all of their homes and businesses were confiscated, they were fired from their jobs, their bank accounts seized, their children expelled from schools and they once more had to seek refuge. International Red Cross created camps to save them from total annihilation. Most did not want to live in Bangladesh after the battering they had received. So half a million chose to leave for, what was left of their country, Pakistan.

Pakistan only accepted about one third of this population for repatriation. Estimated 250,000 have been living as stateless people in camps in Bangladesh for more than a quarter of a century. Their story of woes in Bangladesh is as cruel as it is long. (Read excerpts from “Internment Camps of Bangladesh”) (Read excerpts from “Biharis in Bangladesh”). These Stateless people continued returning to their country of citizenship by whatever means possible. At this time, there are estimated 100,000 living in Pakistan who are not recognized as citizens of Pakistan. The Government of Pakistan amended her citizenship act by ordinance (Read Pakistan’s constitution and amendment to citizenship act) ) to deny nationality of the remaining Stranded Pakistanis (Aka Biharis). Pakistan’s denial of nationality was without a reason, retroactive, and without due process of law. This has never been challenged in a Pakistani court of law but is patently unconstitutional and illegal. Remember this minority is not guilty of or even charged with any offence in either country.

The right to the citizenship of a state is a basic human right enshrined in the Universal Declaration of Human Rights and the Convention on the Rights of the Child to which Bangladesh and Pakistan both are signatories. Bangladesh and Pakistan both have violated numerous national laws and international conventions in the treatment of this group. (List of International Conventions) Please learn more about our objectives and help us (Volunteer, Donate) save lives of thousands of men, women and children TODAY.

“Nobody made a greater mistake than he who did nothing because he could do only a little.”
Edmund Burke 1729-1797

Posted by: A man who can feel but cannot help his fellowmen on January 2, 2006 10:48 AM

If I am not wrong, Dr. Ehtesham is the one who was here at Karachi at Hillpark General Hospital.
I wish that Dr. Ehtesham may kindly try to look into the problem of 6 points of Mujeeb from the point of view of the growth of the native bengali capital in the then East Pakistan. The Centre with Military Dicatorship of Ayub and beaurocratic rule of permits or licences did not allow the independent growth of bengali capital. It was thus a question of the evolution of civil society in Bengal. For the bengali civil society, it was a question of do or die, and they did die in hundreds of thousands to achieve their autonomy; in the form of an independent state- Bengladesh.
It is entirely a different question how they have been able to manage it; and I dare say they have managed it better than the erstwhile military ruled Pakistan.

Posted by: nawaz on June 20, 2006 03:58 AM

did west pakistan fight east pakistan (bangladesh). did west pakistan give east pakistan to bangladesh or did they fight and west pakistan lost?

Posted by: sharif ahmed on July 21, 2006 07:49 PM
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